Review the terms and conditions
Software Licensing Agreement
SOFTWARE LICENSING AGREEMENT
This Software Licensing Agreement ("Agreement") is entered into by and between the Licensor (the software provider, details as specified in the Schedule) and the User (end-user, individual or entity accessing the software), and governs the use of the software product(s) and associated services.
1. TERMS OF USE
Scope of Services:
The Scope of Services includes:
- Real-Time Reputation & Blacklist Monitoring
- Seed Testing (Inbox Placement Tracking)
- Spam Checker (AI-Driven Spam Filter Testing)
Ownership:
The Licensor is the sole and exclusive owner of the software and has the right to license the same, subject to the terms and conditions contained herein.
Grant of License & Terms of Service
The User is granted a limited, non-exclusive, non-transferable, revocable license to use the software as per the scope and limitations defined herein. Use of the software must comply with all applicable Indian laws, including but not limited to the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023. The mere use of the software shall not confer any ownership on the User.
Payment of Fees:
On clicking on ‘Paid Service’, the User categorically and unequivocally agree to pay the Licensor the annual subscription fees applicable for the particular service that is selected. Payment will be charged/ levied on the day the User signs up for such service and such service would be valid for one year/ annual period. For this purpose, the term ‘one year’ or ‘annual period’ would mean a period of 365 days computed from the date of payment of subscription fees. The fees are not refundable for any reasons whatsoever. In the event the User subscribes for a Free Trial period, applicable fees for Free Trial will apply and the same will be charged on the date of expiry of Free Trial.
Creation of Account:
The User is solely responsible for all activities that are carried out through or under the account maintained by them on OptiMail.ai. The User shall also be solely responsible to ensure confidentiality of the user credentials and password of the account and safeguard the account from any breach. Licensor shall not be responsible/ liable for any consequences of failure on any of these accounts.
Termination & Access Restriction
The Licensor may at its sole discretion suspend or terminate access, wholly or in part, for breach of this Agreement, illegal activity, or as required by law or government order or for any other reasons, without prior notice and without assigning any reasons thereof. User may terminate by discontinuing the use and uninstalling the software. Upon termination, rights granted to the User under this Agreement cease immediately.
Refund Policy
Unless otherwise expressly agreed of provided under any law for the time being in force, all fees/ payment paid by the User to the Licensor are non-refundable in nature. The User shall not have the right to claim any damages/ compensation (direct or consequential) from the Licensor for any reasons whatsoever.
Use of Services
User shall not: (a) reverse engineer, decompile, or disassemble the software; (b) use the software for any unlawful, harmful, or infringing purposes; (c) violate any rights of third parties; (d) circumvent security or access controls. User agrees to comply with all applicable laws, including those relating to import/export controls, data protection, and IPR statutes. The Licensor shall also be entitled to seek remedies under the common law for any act of infringement/ breach.
Copyright Infringement
All content, code, and materials supplied by the Licensor shall be subject to/ deemed to be protected by copyright and other intellectual property laws. Unauthorized copying, distribution, or modification is strictly prohibited and may result in termination and legal action.
Intellectual Property Rights
All trademarks, designs, copyright, etc., are the intellectual property rights of the Licensor and the Licensor shall have exclusive rights over the same. Unauthorized use is strictly prohibited and shall constitute an infringement of their intellectual property rights.
Limitation of Warranties
The software and services are provided in "as is" and "as available" basis. The Licensor expressly disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. No warranty is made regarding uninterrupted or error-free operation.
Indemnification
User agrees to indemnify, defend, and hold harmless, the Licensor and its affiliates from any claims, losses, damages, liabilities, or expenses (including reasonable legal fees) arising from misuse, violation of terms, or infringement by the User.
Limitations on Liabilities:
In no event will the Licensor be liable to the User or any third party, for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claims, resulting from any use of the website/ software/ portal, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, breach of confidentiality or trade secrets, loss of data or otherwise.
Miscellaneous
Arbitration: All disputes shall be resolved through arbitration under the Arbitration and Conciliation Act, 1996. Venue shall be as specified in the Schedule; language: English.
Class Action Waiver: User waives the right to participate in any class or representative action against the Licensor.
Jurisdiction: All disputes or differences arising out of this Agreement shall be subject to the exclusive jurisdiction of courts in Chennai, Tamil Nadu (India)
Amendment
The Licensor may amend this Agreement or its policies from time to time. Changes will be notified via website and/or registered email. Continued use after such notification constitutes acceptance of the revised terms.
2. PRIVACY STATEMENT
Information Collected
The Licensor collects Personally Identifiable Information (PII) such as name, email, contact number, postal address, location, device, browsing activity (using Google Analytics or similar tools). usage data, login credentials, IP address, domain and sub-domain details, email authentication records including SPF (Sender Policy Framework), DKIM (DomainKeys Identified Mail), DMARC (Domain-based Message Authentication, Reporting, and Conformance), RDNS (Reverse DNS) and payment details as necessary for account setup, operation, security, and legal compliance.
Securing Personal Information
All information so collected are maintained following standard technical and organizational safeguards in compliance with the DPDP Act, 2023 and IT Act, 2000. Access is restricted to authorized personnel on a need-to-know basis and/ or for legal compliances. Data is encrypted in transit and at rest where feasible. Payment details are securely passed to the Licensor’s third-party payment processor and the same are not stored/ retained by the Licensor on their service/ database.
Use of Information
PII is used for user authentication, service provision, support, analytics, improvement, to understand user behaviour, and for compliance with legal obligations. No PII will be sold or shared with third parties except as required by law or with explicit user consent.
Statement of General Consent & Email Communication
By using the software, User consents to the collection, processing, and storage of their information as set out herein. User also consents to receive transactional and service communications. Promotional communications require separate opt-in.
Disclosure of Information
PII may be disclosed to government authorities if mandated by law, to legal advisors, or to trusted service providers under confidentiality obligations for technical and operational support. Cross-border data transfers will comply with applicable Indian law.
Track Usage Within Website
The software and website may use cookies, analytics, and tracking technologies to monitor user activity for security, diagnostics, and service improvement. Details are specified in the Cookie Policy below.
User Rights
User may access, correct, or withdraw consent for processing of their personal data at any time, with procedures as easy as initial consent. Contact details of the Data Protection Officer (DPO) are provided in the Schedule.
3. COOKIE POLICY
This software and website use cookies and similar technologies to personalize content, analyse usage, and improve user experience. Types of cookies include session cookies, analytics cookies, and preference cookies. Users may manage cookies via browser settings; disabling cookies may affect functionality. For more details, refer to the Privacy Statement above.
4. ACCEPTABLE USE POLICY (AUP)
User Responsibility: Content & Posting
Users shall not upload, post, transmit, or share content that is illegal, offensive, defamatory, infringing, or otherwise violates the law or third-party rights. User is solely responsible for all content and conduct.
Responsibility of Website Visitors
Visitors must not attempt to gain unauthorized access, disrupt operations, introduce malware, or breach security of the website/software.
User Representation & Warranty
User represents and warrants that all information provided is accurate, and that their use of the software complies with all applicable laws and does not violate any rights of third parties.
Consequences of Violation
Violation of this AUP may result in suspension or termination of access, and may be reported to authorities as required. The Licensor reserves the right to remove content or block users at its discretion.
5. DELIVERY AND SHIPPING POLICY
Our software product is delivered entirely as a digital service, and no physical goods are shipped. Upon successful signup or payment, users receive electronic access to the platform, along with any required activation details or onboarding instructions, typically within minutes. All features, reports, and digital assets are accessible online through the user's account. In the rare event of a delay or access issue, users may contact our support team for assistance.
6. MISCELLANEOUS
Governing Law: This Agreement is governed by Indian law.
Severability: If any provision is held invalid, the remainder remains enforceable.
Entire Agreement: This document constitutes the entire agreement between the parties.
Contact & Notices: All notices should be sent to the addresses specified in the Schedule.
7. SCHEDULE
Licensor Details: BlueOshan Digital Private Limited, 3, Sriram Nagar, South Street, Alwarpet, Chennai 600 018, UIN:U74999TN2017PTC117649.
Dispute Resolution Venue: Chennai/ Tamil Nadu (India)
Effective Date: On the date the User accepts the terms and conditions, makes payment and avails the services
Grievance Redressal: For any complaints/ grievance/ feedback, please contact - support@optimail.ai