Terms and Conditions

Effective on 1st April 2020

Our mission is to empower BHUUMI users to be independent entrepreneurs who will prosper, learn and grow. BHUUMI will provide services from around the world via the Infinite Portal. BHUUMI is a worldwide phenomenon providing a “Route out of poverty” with support through education and training.

Greetings from BHUUMI. Thanks for using BHUUMI. 

When you use Services provided by BHUUMI you agree to all of those terms mentioned below (including some additional policies added as and when required):

 

  1. General Terms & Conditions
  2. Standard Terms of Use- BHUUMI RIDE
  3. Acceptable Use Policy, 
  4. Privacy Policy
  5. Cookie Statement
  6. IP Policy
  7. Branding Guidelines
  8. API Use Policy, and
  9. Dispute Resolution Policy
  10. Dispute Resolution and Arbitration Agreement for All users except India
  11. Dispute Resolution and Arbitration Agreement for Indian users.

Please read these Terms carefully. By using BHUUMI or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement (“Agreement”) between you and BHUUMI.

General Terms & Conditions

Bhuumi INC. (“Bhuumi,” “our,” “we,” or “us”) provides marketing platform, and other services to users around the world. We builds technologies and services that enable people to connect with each other, build communities, and grow businesses Please read our Terms of Service so you understand what’s up with your use of Bhuumi platform. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).

You agree that by clicking “Join Now”, “Join Bhuumi”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Bhuumi (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services

Please read these Terms carefully They include a binding arbitration clause (see Dispute Resolution policy) requiring you and us to arbitrate our claims instead of suing in court.. By using BHUUMI or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement (“Agreement”) between you and BHUUMI as per the provisions of applicable laws.

These Terms are governed by the laws of India for Indian Users and laws of State of Carolina, USA for all other users. You  irrevocably consent to the  BINDING ARBITRATION PROCEEDINGS  for all disputes arising out of or relating to these Terms . PLEASE READ THE “APPLICABLE LAWS & DISPUTE RESOLUTION POLICY, ARBITARTION AGREEMENT FOR ALL USERS (EXCEPT INDIAN USERS) and ARBITARTION AGREEMENT FOR INDIAN USERS” here.

We’ll start with the basics, including a few definitions that should help you understand these Terms.

  1. BHUUMI: BHUUMI INC (“BHUUMI,” “we” or “us”) is an online marketing platform (the “App”) that allows you to manage your contacts, and to create, send, and manage certain marketing campaigns, including, without limitation, emails, advertisements, Websites, and mailings (each a “Campaign,” and collectively, “Campaigns”), among other things. The App is offered through our websites, including http://www.BHUUMI.com, and any other website or mobile application owned, operated or controlled by us (we’ll collectively refer to these as the “BHUUMI Site,”  and together with the App, the “Service”). BHUUMI is a South Carolina company whose legal name is BHUUMI Inc .
  1. TEAM: BHUUMI INC and its affiliates  has employees, directors, agents independent contractors, and representatives collectively or severally known as Our Team.
  1. MEMBER: As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”). 
  1. SERVICE: The facilities provided to you as Member by BHUUMI i.e. to manage your contacts, and to create, send, and manage certain marketing campaigns, including, without limitation, emails, advertisements, Websites, and mailings (each a “Campaign,” and collectively, “Campaigns”), among other things through our websites, including http://www.BHUUMI.com,  and any other website or mobile application owned, operated or controlled by us.
  • CONTENT: Any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”)
  1. TERMS: These Standard Terms of Use ( including our Acceptable Use Policy, API Use Policy, Privacy Policy, Cookie Statement, IP Policy, Dispute Resolution Policy, and Brand Guidelines) which define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, and how we’ll treat your account while you’re a Member. When you use our Services you agree to comply with these General Terms & conditions alongwith all of those terms mentioned below(including any updates by BHUUMI to these General Terms & Conditions and those terms and policies):
  1. Standard Terms of Use
  2. Acceptable Use Policy, 
  3. Privacy Policy
  4. Cookie Statement
  5. IP Policy
  6. Branding Guidelines
  7. API Use Policy, and
  8. Dispute Resolution Policy
  9. Dispute Resolution and Arbitration Agreement for All users except India
  10. Dispute Resolution and Arbitration Agreement for Indian users.

 If you don’t agree to these Terms, you must immediately discontinue your use of the Service. BY DOWNLOADING OR USING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION

 

  1. ADD-ONS- Some features of the Service are offered as add-ons to your BHUUMI account (“Add- ons”). Unless expressly stated otherwise, these Terms apply to the use of Add-ons. 
  1. ADDITIONAL TERMS: Some Add-ons are intended for particular use cases and may also have additional terms or restrictions (“Additional Terms”). Additional Terms for Add-ons can be found on our BHUUMI Site at www.BHUUMI.com  and Members agree to the applicable Additional Terms at the time they choose to add the corresponding Add-on. Also note that a Member’s account may have access to unique features of the Service based on their historic usage or status. 

BHUUMI uses Google Maps to provide certain features of the Service, and, as a result, we are contractually obligated to make our Members aware of certain terms related to the use of such features. Therefore, you acknowledge and agree that by signing up for an account and using the Service, you are also bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy). 

If you download the App through the Apple App Store, Google Play or other app store or distribution platform (“App Provider”), you acknowledge and agree that: (i) these Terms are between us, and not with the App Provider, and that we are responsible for the Service, not the App Provider; (ii) the App Provider has no obligation to furnish maintenance and support services or handle any warranty claims; (iii) the App Provider is not responsible for addressing any claims you or any third party have relating to the App; and (iv) the App Provider is a third party beneficiary of these Terms as related to your use of the App, and the App Provider will have the right to enforce these Terms as related to your use of the App against you. 

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN DISPUTE RESOLUTION POLICY BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND BHUUMI ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

If you have any questions about our Terms, feel free to contact@BHUUMI.com

Account

1. Eligibility

In order to use the Service, you must: 

  1. be at least eighteen (18) years old and able to enter into contracts; 
  2. complete the account registration process; 
  3. agree to these Terms; 
  4. provide true, complete, and up-to-date contact information; 
  5. not be based in Cuba, Iran, North Korea, Syria, or any other territory that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and 
  6. not be listed on any U.S. government list of prohibited or restricted persons. 

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise. BHUUMI may refuse service, close accounts of any Members, and change eligibility requirements at any time. 

2. Term

When you sign up for an account and agree to these Terms, the Agreement between you and BHUUMI is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a BHUUMI account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf. BY DOWNLOADING OR USING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION.

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN DISPUTE RESOLUTION POLICY BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND BHUUMI ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

3. Closing Your Account

You or BHUUMI may terminate the Agreement at any time and for any reason by terminating your BHUUMI account or giving notice to the other party. You may end your legal agreement with BHUUMI at any time by deactivating your accounts and discontinuing your use of the Services. 

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the BHUUMI Rules and Policies, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, If you believe your account was terminated in error you can file an appeal with us.

Once your account is terminated and  you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Campaigns, Usernames (which are unique and can only be used once), will no longer be available for use on any future accounts and cannot be reclaimed. 

4. Changes

We are constantly changing and improving our Services. We may change any of the Terms by posting revised Terms on our BHUUMI Site. Unless you terminate your account, the new Terms will be effective immediately upon posting and apply to any continued or new use of the Service. We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

5. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that BHUUMI is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate. 

6. Content on the Services

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.

We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment. Information regarding specific policies and the process for reporting or appealing violations can be found in our Help Center.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please report to our team) or contacting our designated our legal counsel: 

Attn. Legal Department,

BHUUMI INC,
820 Central Ave, Summerville, South Calorina 29483, USA
or any addresses as we may later post on the BHUUMI Site. 

7. Using our Services

You must follow Acceptable Use Policy or any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not BHUUMI’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow Acceptable Use Policy including these rules:

  1. Don’t do anything illegal.
  2. Don’t engage in any activity that exploits, harms, or threatens to harm children.
  3. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
  4. Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
  5. Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
  6. Don’t circumvent any restrictions on access to or availability of the Services.
  7. Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
  8. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).
  9. Don’t engage in activity that violates the privacy of others.
  10. Don’t help others break these rules.

8. Permissions You Give to Us

As part of our agreement, you also give us permissions that we need to provide the Service.

  • We do not claim ownership of your content, but you grant us a license to use it.

Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it. To learn more about how we use information, and how to control or delete your content, visit the our help center.

  • Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.

You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on BHUUMI SERVICES, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on Bhuumi. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings. You can learn more here about your ad settings.

  • You agree that we can download and install updates to the Service on your device.

Additional Rights We Retain

  • If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).
  • If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
  • You can only use our intellectual property and trademarks or similar marks as expressly permitted by our Brand Guidelines or with our prior written permission.

You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us. To learn more, please read our API Use Policy or visit the our help center.

9. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on a number of factors, including the content in that account, and the contact and profile information listed for that account. In cases where differing contact and profile information is present or we are unable to reasonably determine ownership, we’ll require you to resolve the matter through proper channels outside of BHUUMI. 

When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved. 

10. Audience and Archiving

You may have several types of contacts in your BHUUMI account, i.e. Subscribed, unsubscribed, and non-subscribed contacts count towards your audience. Cleaned, pending, reconfirmed, deleted, and archived contacts do not count towards your audience. You may elect to archive contacts at any time, but any profile changes for an archived contact (whether initiated by you, the contact, or an integration) will automatically unarchive that contact. You cannot engage in any activity through the Service with archived contacts unless and until they are unarchived. 

11. Feedback and Proprietary Rights

We own all proprietary rights in the Service, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights in the Service, and you may only use our brand assets according to our Brand Guidelines and IP Policy. 

You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to BHUUMI in the course of using the Service or which BHUUMI retrieves or accesses at your direction or with your permission (“Content”). You retain ownership of the Content that you upload to the Service. We may use or disclose your Content (including any personal information therein) only as described in these Terms, our Privacy Policy and Cookie Statement, or any other Policy being applicable in the case. 

You may provide or we may ask you to provide suggestions, comments, input or other feedback (“Feedback”) regarding the Service. If you provide us with any Feedback, then you grant us a royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Service or to develop new features and services. 

12. Privacy Policy

Your privacy is important to us. Please read our Privacy Policy and Cookie Statement for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service. By using our Services, you agree that BHUUMI can use such data in accordance with our privacy policies.

13. Right to Review Content and Campaigns

We may view, copy, and internally distribute Content from your Campaigns and account to create algorithms and programs (“Tools”) that help us spot problem accounts and improve the Service. We use these Tools to find Members who violate these Terms or laws and to study data internally to make the Service smarter and create better experiences for Members and their contacts. 

14. General Rules regarding use

By agreeing to these Terms, you promise to follow these rules: 

  1. You won’t send spam! 
  2. You won’t use purchased, rented, or third-party lists of email addresses. 
  3. You’ll comply with our Acceptable Use Policy, which forms part of these Terms. 
  4. If you use our API, you’ll comply with our API Use Policy, which forms part of 

these terms. 

BHUUMI doesn’t allow accounts that promote or incite harm toward others or that promote discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following: 

A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm or violence against 

others. 

Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious afiliation, age, disability, disease, or immigration status. 

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either: 

  • an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm; 
  • a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm. If you violate any of these rules, then we may suspend or terminate your account. 

15. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a BHUUMI Member, please report it to our team at contact@bhuumi.com. (Every email Campaign sent through the Service has an embedded campaign tracking ID in the email header, making it easy to report suspected spam.) If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us at the address provided in our IP Policy and Branding Guidelines. 

16. Bandwidth Abuse/Throttling

You may only use our bandwidth for your Content and Campaigns. We provide image and data hosting only for your use of the Service, so you may not host images on our servers for anything else. We may throttle your sending or connection through our API at our discretion. 

17. Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (“EU Data Privacy Laws”), the United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, the Fair Credit Reporting Act, the Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or any other applicable laws. 

If you collect any personal information pertaining to a minor and store such information within your BHUUMI account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives. 

If you’re located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA”), and/or distribute Campaigns or other Content through the Service to, and/or otherwise collect information through the Service from, anyone located in those countries (each such Member an “EEA Member”), you agree, represent and warrant (as applicable) to BHUUMI that: 

  1. You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that (a) satisfies the requirements of applicable data protection laws, (b) describes your use of the Service, and (c) includes a link to BHUUMI’s Privacy Policy. 
  2. You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to BHUUMI and to enable such data to be lawfully collected, processed, and shared by BHUUMI for the purposes of providing the Service or as otherwise directed by you. 
  3. You will comply with all laws and regulations applicable to the Campaigns sent through the Service, including those relating to (a) acquiring consents (where required) to lawfully send Campaigns, (b) the Content of Campaigns, and (c) your Campaign deployment practices. 
  4. You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable BHUUMI to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users in accordance with and as described in the Cookie Statement. 
  5. You are subject to BHUUMI’s data processing techniques, which will apply when and to the extent BHUUMI processes Customer Data protected by Data Protection Laws applicable to the EEA (all as defined in the DPA). The DPA sets out our obligations with respect to data protection and security when processing such Customer Data in connection with the Service and forms part of these Terms. 

In addition, if you are an EEA Member, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly. 

You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section 18. 

18. Export Controls

The software that supports the App (the “Software”) is subject to U.S. Export Control Laws and Regulations. Export laws are set up by the U.S. government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of U.S. Export Control Laws and Regulations and any other applicable export laws and regulations (collectively, “Export Control Laws”). Therefore, you agree that you will not, directly or indirectly through a third party, allow the Software or your Campaigns to be accessed or generated from within, or distributed or sent to, any prohibited or embargoed country as mentioned in any Export Control Laws. In addition, you certify that neither you nor any principals, the officers, directors, or any person or entity you know to be directly involved with the use of the Service is designated on any U.S. government list of prohibited or restricted persons. 

It’s important to note that this Section 19 isn’t meant to provide a comprehensive summary of the Export Control Laws that govern BHUUMI, the Service, or the Software. You’re downloading and using the Software at your own risk, and it’s your responsibility to consult with a legal advisor to make sure your use of the Service and the Software complies with applicable laws. 

19. Limitation of Liability

To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service, including any downloads from the BHUUMI Site; (ii) we and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; 

We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.

Our responsibility for anything that happens on the Service (also called “liability”) is limited as much as the law will allow. If there is an issue with our Service, we can’t know what all the possible impacts might be. You agree that we won’t be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.

For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation. 

20. No Warranties

To the maximum extent permitted by law, we provide the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranty of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it will meet your specific needs. 

21. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your Content, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us. 

22. Equitable Relief

Your violation of these Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a competent authority order to stop you). Please refer our Dispute Resolution Policy for details.

23. Subpoena Fees

If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition. 

24. Disclaimers

We and our Team aren’t responsible for the behavior of any third parties, agencies, linked websites, or other Members, including third-party applications, products, or services for use in connection with the Service (each, a “Third-Party Integration”). Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration. 

25. Notice to U.S. Government End Users

The Software and the BHUUMI Site, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. government end users: 

  1. only as Commercial Items, 
  2. with the same rights as all other end users, and 
  3. according to the Terms. 

Published and unpublished rights are reserved under the copyright laws of the United States. The manufacturer is BHUUMI INC, South Carolina.

26. Assignments

You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion. This agreement does not give rights to any third parties.

27. Governing Law

These Terms are governed by the laws of India for Indian Users and laws of State of Carolina, USA for all other users. You  irrevocably consent to the  BINDING ARBITRATION PROCEEDINGS  for all disputes arising out of or relating to these Terms . PLEASE READ THE “APPLICABLE LAWS & DISPUTE RESOLUTION POLICY, ARBITARTION AGREEMENT FOR ALL USERS (EXCEPT INDIAN USERS) and ARBITARTION AGREEMENT FOR INDIAN USERS” here.

28. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers. 

29. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Feedback and Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement. 

30. Severability

If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

31. Interpretation

The headers and sidebar text are provided only to make these Terms easier to read and  understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted. 

32. Waiver

If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

33. No Changes in Terms at the Request of Member

Because we have so many Members, we can’t change these Terms for any one Member or group. 

34. Further Actions

You’ll provide all information and  documents and take any actions necessary to meet your obligations under these Terms.

35. Notification of Security Incident

If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we’ll notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of BHUUMI for such incident. 

36. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our BHUUMI Site. Any notice to us will be effective when delivered to us: Attn. Legal Department, BHUUMI INC, 820 Central Ave, Summerville, South Calorina 29483, or any addresses as we may later post on the BHUUMI Site. 

37. Entire Agreement

These Terms and any Additional Terms you’ve agreed to by enabling any Add-ons make up the entire agreement between us in relation to its subject matter and supersedes all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding Add- on. 

Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict. Where there’s a conflict between any clause of Standard Terms of Use and the General Terms & conditions, the General  Terms & Condtions will control to the extent of the conflict.

We reserve all rights not expressly granted to you in this agreement.

Congratulations! You’ve reached the end. 

Thanks for taking the time to learn about BHUUMI’s Standard Terms of Use. 

Effective April 1, 2020.