Terms and Conditions

Last Updated 3rd November 2024

These terms and conditions (the “Terms”) outline the rules and regulations for the use of Targetgrid’s Website, located at www.targetgrid.ai, and the TargetGrid go-to-market platform (the “Service”).

By accessing the Website, accessing the Service, or clicking to accept these Terms, you assume you accept and agree to all terms and conditions stated herein. Do not continue to use TargetGrid if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement, and all Agreements: “Client”, “You” and “Your” refers to you, the person or entity logging on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, “TargetGrid” refers to Skalebuddy Software Private Limited owning the brand targetgrid.ai. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves.

  1. Your Account; Eligibility; Third-Party Products

Account Information

You will need to set up an account in order to access the Service, including to receive Output Data. You must only provide Account Information that is your own and that is accurate. You must also keep your contact information up to date, so that we may contact you if needed, such as to deliver any important notices.

Eligibility Restrictions

You shall ensure that only your employees or service providers, or the employees or service providers of your wholly or majority owned subsidiaries who have been expressly authorized by you to use the Service in accordance with this Terms of Service, shall use or otherwise access the Service (“Authorized Users”). You may not use the Service if you or any of your Authorized Users are a competitor of TargetGrid (as determined by us in our sole discretion). You shall ensure that all Authorized Users are at or above the age of majority in their jurisdiction.

Account Security

We make no representations or promises regarding the security of the Service. Despite our security efforts, it is possible that unauthorized individuals will obtain your information, such as through web-scraping tools. You agree and understand that you will be liable for any activity that occurs through your account and further acknowledge and agree that you and your Authorized Users:

  • are solely responsible for maintaining the confidentiality and security of your Account Information and account credentials such as your username and password.
  • may not share your account credentials and must restrict access to your computer and other devices.
  • must access the Service and our network, systems, or applications only through encrypted connections.
  • must maintain up-to-date OS (operating system) patching and active anti-malware on the end-user devices used to connect to the Service or our environment.
  • must ensure that all terminated employees or other users have their access revoked to the Service within 24 hours of termination.
  • must notify us promptly (and in any event within 72 hours) of security incidents that could have implications to us (e.g. users with compromised credentials or lost or stolen devices with access to the Service, compromised networks or systems including malware worm or ransomware, etc.).
  • will reach out to our vulnerability discovery program at [email protected] if you suspect any vulnerabilities with our Service.

WABA Administrator

If you utilize the Service to access the WhatsApp Business Platform, You must designate and maintain an active system administrator for Your WhatsApp Business Account (WABA). This administrator is responsible for managing Your WABA assets, including phone numbers, profile information, and template submissions.

Beta Services

From time to time, TargetGrid may offer you access to Beta Services, which are optional for you to use. The Beta Services are not made generally available and may contain bugs, errors, defects, or harmful components. TargetGrid may terminate access to Beta Services at any time without notice, and may discontinue Beta Services at any time in its sole discretion. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BETA SERVICES ARE PROVIDED ‘AS IS’ WITHOUT ANY COMMITMENTS, INDEMNITY OR WARRANTY BY TARGETGRID OF ANY KIND AND TARGETGRID SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE OR HARM ARISING FROM OR RELATED TO BETA SERVICES.

Third-Party Products

You may procure and use Third-Party Products in connection with the Service. This includes, but is not limited to, the integration of third-party communication platforms such as the WhatsApp Business Platform. You acknowledge and agree that if you or your users view, access or otherwise interact with Third-Party Products, you or your users, as the case may be, do so at your own risk and we have no liability arising from such access or use.

  1. Use of Third-Party Messaging Services (e.g., WhatsApp)

When you use the TargetGrid Service to send communications via any third-party messaging platform (such as the WhatsApp Business Platform), you agree to the following mandatory compliance terms:

 

A. Compliance with Third-Party Policies

You and your Authorized Users agree to adhere strictly to all applicable terms, conditions, and policies of that platform, including the Meta/WhatsApp Business Messaging Policy and the WhatsApp Commerce Policy.

B. User Consent and Opt-In

You are solely responsible for obtaining and maintaining all necessary, explicit, and verifiable consent (Opt-In) from each end-user before initiating any proactive, non-transactional, or marketing communication through the Service via WhatsApp or similar platforms.

C. Opt-Out and Message Management

You must immediately cease sending further messages to any end-user who requests to opt-out, block, or otherwise discontinue communications from You.

D. Content Responsibility

You are solely responsible for all message content, media, links, and associated templates transmitted through the Service.

E. Data Processing Role

You acknowledge that when processing end-user data via a third-party messaging platform, TargetGrid acts solely as a Data Processor on Your behalf, and You remain the Data Controller responsible for the lawful collection and use of that data.

F. Data Subject Requests and Deletion

You acknowledge that You, as the Data Controller, are responsible for handling all requests from Your end-clients regarding their data rights. TargetGrid will retain End-Client Messaging Data only for the duration necessary to provide the Service, or as instructed by You, and will delete such data upon Your request or upon termination of the Service, subject to legal and regulatory retention requirements.

G. Prohibited Data Usage

You shall not use any data obtained via the Service related to the WhatsApp Business Platform (other than the content of message threads), to track, build, or augment profiles on individual WhatsApp users for purposes outside of the direct messaging relationship. You must also refrain from asking for or storing highly sensitive personal data (e.g., full payment card numbers, financial account numbers) within the message threads.

H. Indemnification for Messaging Violations

You agree to indemnify, defend, and hold harmless TargetGrid from any and all claims, regulatory fines, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your breach of this Section 2.

  1. Account Types; Credits, Refunds, and Payment Terms

Subscriptions or Customized Service Accounts

We may provide the Service through paid accounts, such as by offering a monthly or annual subscription, or through customized provision of service and payment terms (as further set forth under an Order Form or separate agreement). If you wish to enter into such an agreement, please contact us at [email protected].

Paid and Unpaid Self-Serve Accounts

The Service may also be offered as a paid or unpaid account on a “self-serve” basis, in which case you will have the opportunity to click-through these Terms and select the aspects of the Service you want to use. You may not open multiple accounts for your use under a self-serve offering or otherwise take any actions which would allow you to circumvent the credit or rate limits which apply to self-serve offerings. Should we discover you doing so, we may in our sole discretion terminate your account immediately, with no right to refund or reinstatement.

Credits and Expiration of Credits

All credits purchased or otherwise obtained by you in connection with your use of the Service are subject to the rules and restrictions hereunder. These credits may not be resold or transferred. Credits have an expiration date. For paid accounts, credits expire at the end of your billing cycle. For unpaid accounts, credits expire at the end of the monthly term.

Fair Use Policy

We offer unlimited email credit plans for certain paid and unpaid accounts. These plans operate under a fair use policy in order to prevent potential abuse. Specific credit limits apply to both non-paying customers (10,000 or 100 credits/month depending on domain verification) and paying customers (based on a formula or 1 million credits/year), unless a different credit limit is specified in your Order Form.

Payment Terms

All paid accounts are subject to the following payment terms unless otherwise expressly set forth in an Order Form:

  • Fees: You agree to pay us the applicable fees set forth in an Order Form.
  • Timeline of Payment; Disputes: Invoices for fees that are payable by ACH must be paid in full in accordance with the payment terms stated in the Order Form. Fees payable by credit card must be paid in full upon purchase. You must raise any disputes regarding fees within thirty (30) days from receipt of the first applicable invoice.
  • Taxes: You are responsible for all taxes associated with your use of the Service other than taxes based on our net income.

Subscription Seats

Subscriptions are on a per-seat basis, and for a single “seat” or user, unless otherwise indicated in the Order Form. You may not decrease the number of seats during a term. You may not seat-share or time-share. You may only permit one license seat per Authorized User, at any given time.

Refunds and Discounts

All payments by you are nonrefundable. You have no right to refunds or credits for partially used Service(s).

  1. Cookies

We employ the use of cookies. By accessing TargetGrid, you agreed to use cookies in agreement with the Skalebuddy Software Private Limited’s Privacy Policy.

  1. License and Intellectual Property

Unless otherwise stated, the Company and/or its licensors own the intellectual property rights for all material on the website and the platform. All intellectual property rights are reserved. You may access this from the website for your own personal use subject to restrictions set in these terms and conditions.

You must not: Republish, Sell, rent, sub-license, reproduce, duplicate, or redistribute material from TargetGrid.

No Resale/Sublicense: You may use the Service solely for Your own internal business purposes. You shall not resell, sublicense, rent, lease, or otherwise commercialize the Service, the Output Data, or the WhatsApp Business Solution to any third party.

User-Generated Content (Comments)

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website (“Comments”). TargetGrid does not filter, edit, publish or review Comments prior to their presence on the website. TargetGrid shall not be liable for the Comments. You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right of any third party;
  • The Comments do not contain any defamatory, offensive, or otherwise unlawful material. You hereby grant TargetGrid a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
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  1. Website Linking and Content Liability

Hyperlinking to our Content

Certain organizations (e.g., Government agencies, Search engines, News organizations) may link to our Website without prior written approval, provided the link is not deceptive and does not falsely imply sponsorship. Other organizations must seek written approval.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website.

  1. Disclaimer and Limitation of Liability

YOUR USE OF THIS WEBSITE AND THE SERVICE IS UNDERTAKEN SOLELY AT YOUR OWN RISK. THE WEBSITE AND ALL ASSOCIATED MATERIALS, INFORMATION, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

WE DISCLAIM ANY AND ALL LIABILITY, REGARDLESS OF WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL LOSSES OR DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT TARGETGRID IS NOT LIABLE FOR ANY CLAIMS, DAMAGES, OR EXPENSES ARISING FROM OR RELATED TO YOUR USE OF THE THIRD-PARTY MESSAGING PLATFORMS (INCLUDING WHATSAPP), AS DETAILED IN SECTION 2.

  1. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of India, and you irrevocably submit to the exclusive jurisdiction of the courts in that location.

  1. Policy Updates

This Terms and Conditions is subject to revision as our business practices and legal obligations change. We will provide notice by posting the updated Terms on this Website.

  1. Contact Information

For requests, questions, or concerns regarding these Terms, please contact us at [email protected].