API Terms of Service

Effective: 1 May 2026

These API Terms of Service (“Terms”) form a binding contract between you (“you”, “your”, “Partner”) and EvolvePro Tech Solutions Private Limited (“Splashify Pro”, “we”, “us”, “our”), CIN U62012WB2025OPC281483, registered at Shimultala, Motiganj, Bongaon, North 24 Parganas, West Bengal — 743235, India.

By creating an account, generating an API key, or sending a single request to the Splashify Pro Email API, you agree to these Terms.

1. The service

The Splashify Pro Email API (“Service”) provides programmatic email sending, identity verification, suppression management, and delivery analytics through endpoints documented at partner-docs.splashifypro.com.

2. Eligibility

You may use the Service only if:

• You are at least 18 years old.
• You have the legal authority to enter into this agreement on behalf of yourself or the entity you represent.
• You are not located in, ordinarily resident in, or organized under the laws of a country subject to comprehensive Indian or US trade sanctions.
• You have not previously been terminated by us for breach.

3. Account registration

You will provide accurate, current, complete information during registration and keep it up to date. You are responsible for safeguarding your API keys and for all activity under your account. Notify security@splashifypro.in immediately if you suspect unauthorized access.

You are responsible for the actions of every team member or end user you grant access to.

4. Acceptable use

You must comply with the Acceptable Use Policy and the Anti-Spam Policy at all times. Breach triggers the Auto-Action System and may result in account termination.

5. Fees and payment

5.1 Pricing

Email sending is billed at ₹0.01 per message, with the first 200 emails per 24 hours free while in sandbox. Production accounts pay the per-email rate plus any minimum-commit pricing in your order form. Pricing is in Indian Rupees (INR) and exclusive of GST and other applicable taxes.

5.2 Wallet model

Production accounts maintain a prepaid wallet balance. Sends are deducted from the wallet at the time of acceptance. Insufficient wallet balance results in send rejection until the wallet is topped up.

Wallet recharges are processed via Zoho Payments and a tax invoice is issued automatically. GST is applied at the rate prescribed by Indian tax law (currently 18% IGST or CGST+SGST).

5.3 Refunds

Wallet balance refunds are governed by the Refund Policy . In summary:

• Used balance is non-refundable.
• Unused balance can be refunded on account closure, less applicable GST, within 7 working days.
• Per-email charges that fail due to verifiable Splashify Pro infrastructure issues are credited back automatically.

5.4 Late payment

Invoices issued for post-paid services are due within 30 days. Late payment accrues interest at 1.5% per month (18% per annum). We may suspend the Service after 60 days’ overdue and terminate after 90 days.

5.5 Taxes

You are responsible for all taxes assessed on your use of the Service except taxes on our income. For Indian customers, GST is included on every invoice; for foreign customers, the export of service is zero-rated under Indian GST law.

6. Your data

You retain all rights, title, and interest in the data you send through the Service (“Customer Data”), including email content, recipient lists, and template content.

You grant us a limited, worldwide, royalty-free license to process Customer Data solely for the purpose of operating the Service — delivering email, generating delivery analytics, providing support, detecting abuse, and complying with law.

The processing of Customer Data is governed by the Data Processing Agreement.

7. Our intellectual property

We retain all rights, title, and interest in the Service, including the API, documentation, software, designs, trademarks, and copyrighted material. You receive a limited, non-exclusive, non-transferable, revocable license to use the Service per these Terms.

You may not:

• Reverse-engineer, decompile, or attempt to derive the source code of any part of the Service except as permitted by mandatory law.
• Remove or alter our trademarks, copyright notices, or attribution.
• Use the Service to build a competing service.
• Use scraping, mass-extraction, or “scraper” tools against any endpoint.

8. Confidentiality

Each party will protect the other’s confidential information using the same care it uses for its own (and at least reasonable care). Confidential information includes pricing, technical specifications, and any information marked or reasonably understood as confidential. Our system telemetry, internal architecture, and operational details are confidential to us.

9. Service Level Agreement

We commit to the uptime and support response times in the Service Level Agreement. Service credits are your sole remedy for missed uptime targets.

10. Suspension and termination

10.1 By you

You may cancel your account at any time via the Partner Panel or by emailing support@splashifypro.in. Cancellation takes effect at the end of the current billing period. Unused wallet balance is refunded per §5.3.

10.2 By us

We may suspend or terminate your account immediately, without notice, if:

• You materially breach these Terms or any of the linked policies.
• The Auto-Action System detects severe abuse.
• Required by law or court order.
• Your account becomes inactive for 12 consecutive months and has zero wallet balance.

For non-severe breaches, we will give you a 7-day cure period if remediation is feasible. We may also terminate for convenience with 90 days’ written notice.

10.3 Effect of termination

On termination:

• Your access to the API is revoked immediately.
• We delete email content and delivery metadata per the retention schedule in the DPA §7.
• Suppression-list entries are retained per legal obligation.
• Outstanding invoices remain due. Pre-paid wallet balance is refunded per §5.3 unless termination was for severe breach (in which case it may be retained to cover damages).
• Sections 5 (for unpaid amounts), 6, 7, 8, 11, 12, 13, 14, 15, and 16 survive termination.

11. Warranties and disclaimers

You warrant that:

• You have all rights and consents necessary for the email content and recipient lists you send through the Service.
• You will comply with all applicable laws.
• You will not use the Service to send the content prohibited by the AUP.

The Service is provided “as is” and “as available”. We disclaim all implied warranties to the maximum extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from a course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted or error-free or that any particular email will be delivered to a recipient’s inbox.

12. Indemnity

You will defend, indemnify, and hold harmless Splashify Pro and its officers, directors, employees, and Sub-processors from and against all third-party claims, damages, liabilities, settlements, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your breach of the AUP, Anti-Spam Policy, or these Terms.
• Customer Data, including claims that it infringes third-party rights or violates law.
• Your products or services.

We will defend you against any claim by a third party that your authorized use of the Service infringes that party’s copyright, trade secret, or registered Indian patent, subject to the cap in §13.

13. Limitation of liability

To the maximum extent permitted by law:

• Neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of these Terms, even if advised of the possibility.

• Each party’s total cumulative liability arising out of or related to these Terms is capped at the fees paid to Splashify Pro by you in the 12 months preceding the claim.

• The cap does not apply to: (a) your obligations under §5 (Fees), (b) your indemnity under §12, (c) breach of confidentiality under §8, (d) infringement of the other party’s intellectual property, (e) gross negligence or wilful misconduct, (f) statutory liabilities that cannot be limited by contract under Indian or EU data-protection law.

14. Force majeure

Neither party is liable for delay or failure caused by events outside its reasonable control, including acts of God, government action, war, terrorism, riots, internet backbone failures, or recipient mailbox provider blocking. The affected party will resume performance as soon as reasonably practicable.

15. Governing law and dispute resolution

These Terms are governed by the laws of India.

Disputes will first be referred to good-faith negotiation between designated representatives of each party for 30 days. If unresolved, disputes will be referred to mediation under the Mediation Act, 2023 conducted by a sole mediator agreed by the parties or, failing agreement, appointed by the Indian Council for Mediation.

If mediation fails, disputes will be finally resolved by arbitration in Kolkata, West Bengal under the Arbitration and Conciliation Act, 1996, by a sole arbitrator agreed by the parties or appointed by the Calcutta High Court. The seat is Kolkata; the language is English. The arbitral award is final and binding.

The courts of Kolkata have exclusive jurisdiction for matters not subject to arbitration (including interim relief). Nothing prevents either party from seeking equitable relief in any court of competent jurisdiction to protect intellectual property or confidential information.

16. General

• Notices. Notices to you may be given by email to your account email or by posting in the Partner Panel. Notices to us must be sent to legal@splashifypro.in with a copy to our registered office address.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets, on notice to you.
• Entire agreement. These Terms, the linked policies, and any signed order form constitute the entire agreement between the parties. They supersede all prior agreements.
• No partnership. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
• Severability. If any provision is held unenforceable, the remainder continues in full effect.
• No waiver. Failure to enforce a provision is not a waiver.
• Modifications. We may update these Terms with 30 days’ notice for material changes; updates for clarity or new features take effect immediately. Continued use after the effective date is acceptance.
• Headings. Headings are for convenience only.
• Counterparts and electronic acceptance. These Terms may be accepted electronically. An electronic acceptance has the same effect as a wet-ink signature under the IT Act, 2000.

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