Terms of Use

1. Introduction

1.1 Acceptance of Terms

By accessing or using the Applications, you agree to these Terms as revised from time to time. Your continued use after changes indicates acceptance of those modifications.

1.2 Use of Applications — License

Subject to compliance with these Terms, Delhivery grants a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Applications. The Applications are licensed, not sold, unless expressly agreed otherwise. Your use is restricted to the granted license, expiring at the end of the term in any specific agreement.

You agree that your decision to use or purchase the Applications is not contingent on future functionality or features, and is not dependent on oral or written public comments regarding future developments.

You authorize Delhivery to store your payment method and use it in connection with your use of the Applications. Delhivery may participate in programs to update payment information and continue billing with the updated details obtained.

1.3 Eligibility

You must be over eighteen (18) years old and able to understand and agree to the terms, conditions, obligations, representations and warranties set out here. The Applications are not directed toward individuals under 18.

2. Ownership of Rights

Any use of the Applications or their contents, including copying or storing them in whole or in part, other than for personal, non-commercial use, is prohibited without explicit permission. All information displayed, transmitted or carried is protected by copyright and intellectual property laws. All rights, including copyright, are owned by or licensed to Delhivery. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, repost, perform, display or commercially exploit any content, or reverse engineer the Applications.

2.1 Access to and Use of the Applications

You are prohibited from accessing unauthorized data, logging onto unauthorized devices or accounts, or interfering with services for other users, including by submitting viruses or worms. You shall not use the Applications to send unsolicited email or other information.

2.2 Test Participation

If you use a Beta Product, you must follow Delhivery's criteria and instructions. You may be required to provide feedback. All feedback in any form, written or verbal, is considered "Feedback", and Delhivery has sole right and ownership of it. You agree not to disclose Feedback to third parties, and you assign all right, title and interest in it without compensation or obligation from Delhivery.

2.3 Trial and Offers

Delhivery may offer trial memberships at its sole discretion. Trial access is governed by these Terms. Delhivery may terminate trial access at any time without notice or liability, for any reason including preventing abuse. After the trial period expires, continued use requires enrollment in a paid subscription. During a trial, no express or implied warranties apply. All Applications are provided as-is with all defects, and no technical or other support is included.

2.4 Account Information

You are responsible for all activity via your account, even if not carried out by you or without your knowledge. Notify Delhivery immediately of unauthorized use. You may not share account information with third parties or use another person's account.

2.5 Acceptable Use Policy

You must use the Applications responsibly and not misuse them. You must comply with the Acceptable Use Policy set out in Annexure 1.

2.6 Third Party Services

If you obtain or use third-party products or services in connection with the Applications, you are solely responsible for evaluating and assessing them. Any such use is solely between you and the third party, and Delhivery has no liability regarding those products or services.

2.7 Indemnity and Release

You shall indemnify and hold Delhivery harmless from any claim, demand or action, including attorney's fees or penalties, made by third parties due to or arising from your breach of these Terms or any incorporated documents, or your violation of laws, regulations or third-party rights.

3. Disclaimer

Unless specifically agreed in a software-specific agreement, the Applications are provided "AS IS" and "AS AVAILABLE". Use them at your own risk. To the maximum extent permitted by law, the Applications are provided without warranties of any kind, whether express or implied, including warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, accuracy or non-infringement. Delhivery does not warrant that the Applications will be uninterrupted, secure, error-free, accurate, complete or available at all times, that defects will be corrected, or that the Applications are free of viruses or harmful components. You and your authorized users should use the information provided after satisfying yourselves that it suits your requirements.

Federal law and some states, provinces and jurisdictions do not allow the exclusion or limitation of certain implied warranties, so the above exclusions may not apply to you. These Terms give you specific legal rights; you may have other rights which vary by jurisdiction. The disclaimers and exclusions will not apply to the extent prohibited by applicable law.

Delhivery uses voluntarily provided information to optimize your experience, whether by providing personalized elements or preparing better future content. Information on the website is not intended as legal or professional advice. "Delhivery" and other logos and trade names are registered trademarks or belong to Delhivery. All other trademarks, company names, logos and product names remain the property of their respective owners.

Information, contents, names and images may be changed, updated, modified or improved without notice.

4. Communication

When visiting the Applications or sending emails, you communicate electronically and consent to receive electronic communications. Delhivery will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and communications provided electronically satisfy any legal requirement that such communications be in writing.

5. Feedback, User Comments and User Generated Content

All reviews, comments, feedback, postcards, suggestions, ideas and other submissions ("Comments") shall remain Delhivery's property. Disclosure, submission or offering of Comments constitutes an assignment of all worldwide rights, titles and interests in all copyrights and intellectual property. Delhivery owns exclusively all such rights and is not limited in its use, commercial or otherwise, of any Comments. Delhivery is entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments for any purpose, without restriction and without compensation. Delhivery is under no obligation to maintain Comments in confidence, to pay compensation, or to respond.

You agree that Comments will not violate this policy or any third-party rights, including copyright, trademark, privacy or proprietary rights, and will not injure any person or entity. Comments will not be libelous, unlawful, threatening, abusive or obscene, and will not contain viruses, political campaigning, commercial solicitation, chain letters, mass mailings or spam. Delhivery does not regularly review Comments but reserves the right to monitor, edit or remove them. You grant Delhivery the right to use the name submitted with any Comments. You agree not to use false email addresses, impersonate any person or entity, or mislead as to the origin of Comments. You are solely responsible for the content of your Comments and agree to indemnify Delhivery and its affiliates for all claims resulting from them. Delhivery and its affiliates take no responsibility and assume no liability for Comments submitted by you or any third party.

6. Limitation and Damages

Unless specifically agreed, Delhivery will not be responsible for any loss or damage, whether direct, indirect, incidental, consequential or otherwise, arising from access to, use of, or dissemination of information in the Applications, including damages for lost profits, lost data or computer damage, even if advised of the possibility of such damage.

7. Privacy

Our Privacy Policy outlines what personal data is collected upon signup or use of the services, why it is collected, and how it is processed to provide services and updates. The Privacy Policy explains Delhivery's use of your data.

You acknowledge that Delhivery processes and stores information in the United States and other countries. By using the Applications, you authorize the transfer of personal information across national borders and to countries where Delhivery and its partners operate, always in accordance with the Privacy Policy.

7.1 Termination of Use

Delhivery may discontinue, suspend or modify the Applications at any time without notice, and may block, terminate or suspend your access and that of any users at any time in its sole discretion.

7.2 Severability

If any provision is determined to be invalid or unenforceable, it shall be severed, and the remaining provisions continue valid and enforceable to the fullest extent permitted by law.

7.3 Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the following laws, without regard to choice or conflicts of law provisions:

Arbitration under these Terms takes place on an individual basis. Class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Delhivery waive the right to a jury trial or to participate in a class action. Nothing here restricts the right to bring a court action for injunctive or equitable relief pending the arbitrator's final decision.

8. Violation of Terms

If you violate these Terms, Delhivery reserves the right to issue a warning and to immediately terminate or suspend any or all accounts created, and to terminate the contractual agreement.

9. Annexure 1 — Acceptable Use Policy

Except as expressly authorized, you shall not, and shall not permit any employee, affiliate or third party to:

• Use the Applications without, or in violation of, a written agreement with Delhivery;
• Enable or allow any third party to use the Applications using your account information;
• Engage in chain letters, junk mail, pyramid schemes, phishing, spamming, fraudulent activities or unsolicited messages;
• Copy, modify, pledge, sell, display, distribute, transfer, assign or sublicense the Applications;
• Interfere with, bypass or disable any embedded features or functionality in the Applications;
• Access or use the Applications for benchmarking or competitive analysis;
• Build similar or competitive products or services using the Applications;
• Use the Applications in ways that adversely affect the performance or functionality of the technology provided;
• Access or use the Applications unlawfully, for unlawful purposes, or inconsistently with these Terms;
• Remove, amend or destroy logos, trademarks or marks, or use them other than as stated;
• Use the Applications in ways causing damage or injury to persons or property;
• Store, transmit, publish or make available false, defamatory, harassing, obscene or illegal content that violates privacy or third-party rights, or that contains viruses, malware or malicious code;
• Use scraping, data harvesting, web crawlers or other data extraction methods;
• Upload, transmit, store or make available content or code containing viruses, malicious code, malware, or components designed to harm or limit functionality;
• Apply procedures to ascertain or derive source code, trade secrets or processes;
• Mislead anyone or make fraudulent statements regarding use or access;
• Use the Applications in violation of applicable laws, including privacy laws;
• Decompile, disassemble or reverse engineer the Applications, or authorize third parties to do so; or
• Modify or create derivative works of any technology made available through the Applications.

If you have questions about these Terms, you can reach us at privacy@delhivery.com.