Special trading conditions for the use of the services at smskinetics.com of Aceru Private Limited.

1. Introduction

1. By registering for, or using any of our services you agree that you have read, understand and are bound by these terms, regardless of how you registered for or use the services

2. Without limiting the above, we may ask you to accept any or all of the terms when you first register for, or start using a service.

3. If you do not want to be bound by the terms, you must not register for, or use a service.

4. If you concluded a written contract with us, you will also be bound by these terms. However, to the extent that there is a conflict between the written contract and these terms, the written contract will prevail.

2. Scope

1. These trading conditions rule the contractual relation between Aceru Private Limited (mentioned as ACERU in the following) and the customer for the usage of the services (mentioned as SMS KINETICS in the following) at smskinetics.com. ACERU provides these services exclusively on the basis of these terms of use.

3. Contractual relationship

1. The contractual relationship between the customer and ACERU for the use of SMS KINETICS is the result of the customer’s application and the acceptance by ACERU to the actual tariffs. As far as nothing different was agreed, application is accepted tacitly by the contribution of SMS KINETICS.

2. The contractual relationship can be terminated by both contracting parties at any time in written form (by E-Mail, fax or letter).

3. The right for extraordinary termination of the contractual relationship remains unaffected.

4. Services of ACERU

1. The range of the contractual performances results out of the service specification of ACERU.

2. ACERU reserves itself the right to extend SMS KINETICS and to make improvements after the current technical state of the art and under keeping of the entitled interests of the customer.

5. Obligations of the customer

1. The customer agrees to not use SMS KINETICS to transmit contents which fulfils in particular the following conditions:

1. suitability to be interpreted as defaming, deceptive, misleading, insulting, displeasing, pornographic, racist, glorifying violence, etc.;

2. menace or disconcertion of third.

2. The customer is obligated to use SMS KINETICS properly and only in the context of the legality. It is in particular obligated,

1. not to abusively use access to SMS KINETICS and to omit illegal actions;

2. to accommodate recognized principles of data security, especially to keep passwords secret etc., resp. to immediately arrange modifications, if the assumption exists that unauthorized thirds attained knowledge of this kind of access information;

3. to immediately report a recognizable lack or damage (failure report) and in the context of the reasonable make measures that one all measures meet, which facilitate and accelerate removal of the disturbance and enable a statement of the lack or damage and their causes to ACERU;

4. to immediately report each modification in the person of the customer, the name or the designation, under whom it led in the operating documents of ACERU.

5. SMS KINETICS offers the possibility of defining any Originator. If this feature is made available publicly, the customer is obligated to guarantee by appropriate authentification measures (E-Mail is not sufficient) that this feature is not abused. If a customer misses this, account can be closed or the Originator is adjusted to a fixed value by ACERU.

6. ACERU reserves itself the right to check self defined originators at random base to detect misuse (e.g. Advertising for premium rate numbers).

6. Suspension/ termination of SMS KINETICS

1. ACERU reserves itself the right to lock SMS KINETICS if the customer uses SMS KINETICS abusively, in particular in the sense of 5. and/ or offends against valid right.

2. For the own security of the customer, ACERU will lock SMS KINETICS, if the assumption is justified that SMS KINETICS is abusively used.

3. No refunds will be provided for any paid unused credits or setup costs due to suspension/ termination.

7. Responsibility of ACERU

1. The responsibility for rough negligence is limited to the damage usually predictable in such cases. Responsibility and compensations are limited to the height of the order value.

2. In case of failures of SMS KINETICS because of disturbances outside of the area of ACERU´s responsibility, ACERU does not reimburse any values.

3. ACERU does not assume liability for the compatibility of SMS KINETICS application with data, programs, configurations etc. of the customer. In particular ACERU does not incur any expenses, remuneration, expenditures or uses for the integration or missed integration of SMS KINETICS.

4. ACERU does not assume liability for server side managed address data of the client.

5. This covers in particular - however not exclusive - also the expenditure of time of the customer and/or its assigned ones.

8. Responsibility of the customer

1. The customer is responsible for all consequences and disadvantages for ACERU and third parties, which are the result of the abusive or illegal use of SMS KINETICS (in particular with offence against 5. or the result of that the customer does not follow his other responsibilities and has to represent this.

2. The customer keeps ACERU free from any third party claims, which are demanded because of the culpable violation of the rights of third parties by the customer or because of the customer’s behavior contrary to the terms of the agreement or by the customer breaking the law.

9. Terms of payment

1. The payment of SMS KINETICS take place in advance, as far as not agreed differently.

2. Price adjustments: If ACERU has additional costs because of price adjustments of external partners, ACERU has the right to adjust its price structure. If ACERU receives knowledge about such a price adjustments afterwards, possible extra costs can be charged also retroactively to the customer.

10. Privacy

1. Personal data, that is raised in the context of the use of SMS KINETICS, is raised and protected according to the relevant regulations of the federal privacy law. Employees of ACERU, who handle personal data, are obligated on privacy.

2. As far as ACERU uses the help of third parties to provide SMS KINETICS, ACERU is, in the context of the relevant privacy regulations, fully justified to transmit the inventory data if this is necessary for the assurance of the operation and the interests worth to protect of the customer are not impaired.

11. Rights of use

1. All copyrights and rights of use, which are located in the property of ACERU, remain reserved to ACERU.

2. Copying and modifying, circulation and publication or other use of SMS KINETICS contents by the customer or by third parties, if it has to be represented by the customer, is forbidden, if it was not explicitly approved by ACERU in written form.

3. The customer commits itself further to spread only such contents for which the customer has the appropriate rights of use.

12. Final provisions

1. If one or more regulations of these terms of use should be ineffective, then this does not involves the inefficacy of the entire contract. The ineffective regulation is replaced by the relevant legal regulation.

2. Area of jurisdiction and place of delivery shall be Singapore.