Terms of Service
Last Updated: January 27, 2014
Thanks for using Sendwithus. Sendwithus is owned and operated by Techdrop Labs Inc. ("Techdrop Labs").
As a user of Sendwithus, you agree to the following Terms and Conditions and any Policies or amendments that may be presented to you from time to time (collectively, the "Terms"). Please read these Terms carefully. This is a legal agreement.
Use of Sendwithus Services
Techdrop Labs provides cloud application services to you in the form of Sendwithus, and other other services that may from time to time be offered ("Techdrop Labs Services"), provided that you are of legal age and standing to form a binding contract and are not a person barred from receiving services under the laws of the Canada or other applicable jurisdiction.
In order to access Techdrop Labs Services, you may be required to provide current and accurate identification, including a valid email address, and other information as part of the registration process or use of Techdrop Labs Services.
You are responsible for maintaining the confidentiality and security of your account and password, and are responsible for all activities that occur under your account. Techdrop Labs cannot and will not be liable for your failure to comply with this security obligation.
You agree that you are responsible for the conduct of the emails and email communications that you manage, run, and/or operate through or via the use of Techdrop Labs Services and such conduct shall be only for purposes that are legal, proper and in accordance with the provisions of these Terms and the Sendwithus Acceptable Use Policy, which is included here by reference.
You agree to immediately discontinue any use of Techdrop Labs Services that violates the Applicable Use Policy. Techdrop Labs reserves the right (but shall have no obligation) to take actions necessary to discontinue, disable, or otherwise take-down any use of Techdrop Labs Services that do not adhere to the Applicable Use Policy. You further acknowledge that you are solely responsible for maintaining and backing up any data, code, or applications that Techdrop Labs Services may access or interact with.
You agree that you will not engage in any activity that interferes with or disrupts Techdrop Labs Services or servers or networks connected to Techdrop Labs Services and that you will access Techdrop Labs Services only through the interfaces and commands generally made available by Techdrop Labs unless otherwise provided for under a separate agreement.
Users outside of Canada agree to comply with their own local rules regarding online conduct, including laws regulating the export of data to and from Canada or your country of residence.
A valid credit card is required for paying accounts (and may be required for additional free monthly resources).
Billing will be on a monthly basis and is non-refundable, unless otherwise noted on the Pricing page for Techdrop Labs Services.
Monthly-based subscriptions will be billed at the beginning of the month.
Usage-based plans, if offered, will be billed by resource usage as applicable for each Service. Charges are solely based on Techdrop Labs measurements of your usage, unless otherwise agreed to in writing.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian (federal or provincial) taxes.
Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Techdrop Labs reserves the right to discontinue the provision of Techdrop Labs Services to you for any late payments. You are responsible for paying all reasonable expenses and attorneys fees Techdrop Labs incurs collecting late amounts. To the fullest extent permitted by law, (1) you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights) and (2) refunds (if any) are at the discretion of Techdrop Labs
Techdrop Labs may change its fees and payment policies for Techdrop Labs Services at any time. In the event such changes might have a monetary effect on paying customers, Techdrop Labs will notify affected customers at least thirty (30) days prior to the beginning of the billing cycle in which such change will take effect.
Techdrop Labs claims no ownership or control over any email communication, content, code, or data (collectively "Service Data") sent, received, submitted, accessed, or otherwise processed by you via Techdrop Labs services. You or a third party licensor, as appropriate, retain all intellectual property rights including patent, trademark and copyright to such Service Data. By using Techdrop Labs Services, you give Techdrop Labs a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, publicly perform, and distribute the Service Data for the sole purpose and only to the extent necessary to enable Techdrop Labs Inc. to provide you with Techdrop Labs Services.
You agree that Techdrop Labs may make reasonable use of your name, logos, domain names and other distinctive brand features in presentations, marketing materials, and website listings for the purpose of advertising or publicizing your use of Techdrop Labs Services. Such use shall be in accordance with any trademark guidelines you may have in place.
Techdrop Labs' Rights
Techdrop Labs grants you a personal, worldwide, non-transferable, and non-exclusive right and license to use Techdrop Labs Services subject to these Terms; provided that you or any third party enabled by you do not copy, modify, create a derivative work of, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right to Techdrop Labs Services or Techdrop Labs intellectual property.
You acknowledge and agree that Techdrop Labs Services and any necessary software used in connection with Techdrop Labs Services may contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties.
Techdrop Labs grants you a limited, non-exclusive, royalty-free, non-transferable license to display the Techdrop Labs Services trademarks and/or logos in reasonable (and good-looking) manner for the expressed purpose of promoting or advertising that you use Techdrop Labs Services, provided the use in accordance with Techdrop Labs' current Trademark Guidelines, if any. You agree that all goodwill generated through your use of the Techdrop Labs Marks shall inure to the benefit of Techdrop Labs Inc. Techdrop Labs reserves the right to purchase beers or similar beverages on your behalf for your benefit for such display at such time and manner as Techdrop Labs may choose, doubly so if you make reference to this clause.
No Resale or Unauthorized Use
You agree not to resell any Techdrop Labs Service or provide unauthorized access to any Techdrop Labs Service unless specifically authorized in a separate written agreement.
You may discontinue your use of Techdrop Labs Services at any time. If you cancel Techdrop Labs Services under a monthly plan before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Usage-based plans will be billed for as long as services charges are being incurred.
You agree that Techdrop Labs may at any time and for any reason terminate your access to Techdrop Labs Services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Techdrop Labs Services, your account, or any Service Data. Sections 6 (Termination), 7 (Indemnity), 8 (Disclaimer of Warranties), 9 (Limitations of Liability), 10 (Exclusions and Limitations) and 13 (General Information), of the Terms, shall survive expiration or termination.
You agree to hold harmless and indemnify Techdrop Labs and its subsidiaries, affiliates, officers, directors, agents, employees, licensors, suppliers, or partners from and against any third party claims, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature (collectively, “Claims”), arising from or in any way related to (a) your breach of the Terms, (b) your use of Techdrop Labs Services in a manner not permitted under these Terms, (c) your violation of applicable laws, rules or regulations in connection with Techdrop Labs Services, or (d) your emails, templates, or data, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Techdrop Labs will provide you with written notice of such Claim.
Disclaimer of Warranties
Except as expressly set forth in this Agreement, Techdrop Labs and its subsidiaries and affiliates and its licensors, makes no express or implied warranties of any kind with respect to Techdrop Labs Services including, without limitation, warranties of title, non-infringement, merchantability or fitness for a particular purpose. The Sendwithus website and Techdrop Labs Services are provided on an "AS IS" and "AS AVAILABLE" basis. The entire risk as to the quality and performance of the user of Techdrop Labs Services is with you. Techdrop Labs does not warrant that Techdrop Labs Services will meet your expectations or requirements or that the service will be uninterrupted, timely, or error-free including any errors or omissions in the provision of Techdrop Labs Services.
Limitations of Liability
In no event shall Techdrop Labs be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages, under common law or statute, arising out of or related to these Terms or Techdrop Labs Services in any causes of action of any kind, whether arising in tort, contract, or otherwise (even if Techdrop Labs has been advised of the possibility of such damages), including, without limitation, loss of revenues, profits, goodwill, use, data, or other intangible losses, resulting from: (i) the use or the inability to use the Techdrop Labs Services; (ii) the cost of procurement of substitute services; (iii) unauthorized access to or alteration of Service environments; or (iv) any other matter relating to Techdrop Labs Services.
Exclusions and Limitations
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this terms and conditions. In the event a jurisdiction does not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability, only the above limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
Updates and Notices
We may update these Terms in the future and we may choose to provide you with notices, including changes to the Terms, by email, regular mail, or postings regarding Techdrop Labs Services. You will be able to find the most current version of this agreement at the Terms section of the Sendwithus website. By providing Techdrop Labs with your email address, you consent to our using this email address to send you any notices required by law in lieu of communication by postal mail.
Applicable Law. These Terms represent the complete agreement concerning subject matter hereof. The Terms and the relationship between you and Techdrop Labs shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions. You and Techdrop Labs agree to submit to the personal and exclusive jurisdiction of the courts located within the province of British Columbia, Canada.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
Waiver and Severability of Terms. The failure of Techdrop Labs to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of this contract is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
Force Majeure. Techdrop Labs shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Techdrop Labs Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Disclosure of Information. Techdrop Labs may provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Techdrop Labs shall not be liable for any use or disclosure of such information by such third parties.
Questions regarding these Terms of Service and/or the pricing and billing practices of Techdrop Labs should be directed to firstname.lastname@example.org or by mailing
Techdrop Labs Inc. Legal
#A-3252 19th St.
San Francisco, CA 94110
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