Terms Of Service

Effective Date: 30-August, 2019

Terms Of Service

Effective Date: 30-August, 2019

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND TECHSENSE LABS PRIVATE LIMITED (hereinafter “Techsense”) GOVERNING YOUR USE OF SOFTWARE PRODUCTS and IT SERVICES published at www.sales-push.com (a web portal owned by Techsense Labs Private Limited).

Please read these terms of service and Our Privacy Notice (together, these “Terms”) carefully as they form a contract between You and Us and govern the use of and access to the Service(s) and Websites by You, Your Affiliates, Users and End-Users. In the event of a conflict between these terms of service and Our Privacy Notice, these terms of service shall prevail.

By accessing or using the Service(s) or Websites, or authorizing or permitting any User or End-User to access or use the Service(s) or Websites, You agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to Us that You have the authority to bind such Entity and its Affiliates to these Terms, in which case the terms, “You”, “Your” or related capitalized terms used herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not access or use the Service(s) or Websites.

You, as an individual, must be 18 years or older to access or use the Websites and the Service(s).







Certain other services (“Other Services”) such as integrations, Apps and Custom Apps are made available to You through the Market Place or other forums where applications are developed for their integration with the Service(s). These Other Services are governed by their own terms and privacy policies and You agree that We are not responsible for Your use of these Other Services where You choose to enable these Other Services and integrate them into Our Service(s). By enabling the Other Services, You understand and agree that We do not provide any warranties whatsoever for Other Services and We are not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of any such Other Services, or Your reliance on the privacy practices, data security processes or other policies of such Other Services. You understand that We are not responsible for providing technical support for Other Services and that We are not responsible for the data hosting and data transfer practices followed by providers of such Other Services. To this extent, You shall address any comments, queries, complaints or feedback about such Other Services to the respective developers or publishers as specified in the Market Place or other forums.





Sales-Push.com will never contact your clients / clients of your clients for new business. If they contact us and want to buy our products/services, then Marketic.io will update you about this. Also, our Partners (Agency / Resellers / Consultants ) agree that they shall not poach each other’s clients and customers. If done so, it will considered as breach of agreement and thus we have right to take the required legal action.


During Your Subscription Term, You may request Us to import data into Your Account (“Data Migration”). You hereby understand and acknowledge that We and/or Our Group Companies may access and process Your data in connection with providing You support during such Data Migration.


Apart from the communications specified in Our Privacy Notice, We may contact You directly via e-mail to notify You if
a. You are in violation of these Terms;

b. A specific activity or purpose is prohibited with respect to the Service(s), so that You immediately cease use of the Service(s) for such prohibited activity or purpose;

c. You maintain an exceptionally high number of Users, an unusually high monthly ticket ratio per Users, an unusually high level of open tickets or other excessive stress on the Service(s).


The websites and the service(s), including all server and network components are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by applicable law. We expressly disclaim any and all conditions, representations, warranties or other terms, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and noninfringement.

You acknowledge that we do not warrant that the service(s) or websites will be uninterrupted, timely, secure or error-free and you further acknowledge that we do not warrant that the access to the service(s), which is provided over internet and various telecommunications networks, all of which are beyond our control, will be uninterrupted, timely, secure, error-free or free from viruses or other malicious software.

The content on our websites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our websites. No information or advice obtained by you from us or through the service(s) or websites shall create any warranty not expressly stated in these terms.


To the fullest extent permitted by applicable law, in no event will we, our affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, lost revenue, lost sales, lost goodwill, loss of use or lost content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty,negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, our aggregate liability and that of our affiliates, officers, employees, agents, suppliers and licensors, relating to the service(s), will be limited to an amount equal to the lower of (a) twelve months of the subscription charges for the service(s) to which the claim relates; or (b) the subscription charges paid by you, for the service(s) to which the claim relates prior to the first event or occurrence giving rise to such liability. You acknowledge and agree that to provide you with the rights to access and use the service(s) in accordance with section 1, we have limited our potential liability and allocated risks based on the subscription charges, which would have been substantially higher if we were to assume any further liability other than as set forth herein.

In jurisdictions which do not permit the exclusion of implied warranties or limitation of liability for incidental or consequential damages, our liability will be limited to the greatest extent permitted by law.

The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.




If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Terms shall remain in effect. Our non-exercise of any right under or provision of these Terms does not constitute a waiver of that right or provision of the Terms.


The Service(s) and other Software or components of the Service(s) which We may provide or make available to You or Users may be subject to U.S. (or other territories) export control and economic sanctions laws. You agree to comply with all such laws and regulations as they relate to access to and use of the Service(s), Software and such other components by You and Users. You shall not access or use the Service(s) if You are located in any jurisdiction in which the provision of the Service(s), Software or other components is prohibited under U.S. or other applicable laws or regulations (a “Prohibited Jurisdiction”) and You shall not provide access to the Service(s) to any government, entity or individual located in any Prohibited Jurisdiction. You represent, warrant and covenant that (i) You are not named on any U.S. government (or other government) list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person, (ii) You are not a national of, or a company registered in, any Prohibited Jurisdiction, (iii) You shall not permit Users to access or use the Service(s) in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions, and (iv) You shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You and Your Users are located. If You are a U.S. federal government department or agency or contracting on behalf of such department or agency, this Service(s) is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Service(s) is licensed to You with only those rights as provided under the terms and conditions of these Terms.


The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.


Sections 2 (Your Responsibilities), 5 (Intellectual Property Rights), 7 (Billing, Plan Modification and Payments), 8 (Suspension and Termination), 9 (Confidentiality), 10 (Data Privacy and Security), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 20 (Survival), 21 (Notices; Consent to electronic communication) and 23 (Governing Law and Dispute Resolution) shall survive any termination of Our agreement with respect to use of the Service(s) by You. Termination of such agreement shall not limit Your or Our liability for obligations accrued as of or prior to such termination or for any breach of these Terms.



You agree that You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Our employees or agents in connection with these Terms. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If You learn of any violation of the above restriction, You will use reasonable efforts to promptly notify Us at [email protected].



When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:

Account: means any accounts or instances created by or on behalf of You for access and use of any of the Service(s).

Affiliate: means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with such party, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract, or otherwise.

Agent: means an individual authorized to use the Service(s) through Your Account for such Service(s) as an agent and/or administrator as identified through a User Login.

API: means the application programming interfaces developed, enabled by or licensed to Us that permits a User to access certain functionality provided by the Service(s).

API Policies: means the policies published on the Websites (as specified below) that govern the use of APIs, as updated from time to time.

Apps: mean the software applications listed on the Market Place which are created, developed, licensed or owned by Us or third party developers. The term also includes any updates, upgrades and other changes to such software applications and versions thereof.

Applicable Data Protection Law: where You are established in the European Economic Area, means (i) prior to 25th May 2018, the Directive 95/46/EC on the protection of individuals with regard to the Processing of Personal Data and on the free movement of such data and (ii) after 25th May, 2018, the EU Regulation 2016/679 (General Data Protection Regulation) and any applicable national laws made under it; where You are established in Switzerland, means the Swiss Federal Act of 19 June 1992 on Data Protection (as may be amended or superseded); and where You are established in any other territory, means data protection laws that are applicable in that territory.

Confidential Information: means all information disclosed by You to Us or by Us to You which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of these Terms, Service Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information which (a) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (b) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (c) is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records prior to the time of disclosure; (d) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; (e) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession; or (f) is required by law to be disclosed by the receiving party, provided that the receiving party shall, to the extent legally permitted, give the disclosing party written notice of such requirement prior to disclosing so that the disclosing party may seek a protective order or other appropriate relief.

Custom Apps: means an application developed specifically for a User of the Service(s) and not listed in the Market Place.

Documentation: means any written or electronic documentation, images, video, text or sounds specifying the functionalities of the Service(s) provided or made available by Us to You or Your Users through the Service(s) or otherwise.

End-User: means any person or entity other than You or Your Users with whom You interact using the Service(s).

Form: means any service order form referencing these Terms and executed or approved by You and Us with respect to Your subscription to the Service(s), which form may detail, among other things, the number of Users authorized to use the Service(s) under Your subscription to the Service(s) and the Service Plan(s) applicable to Your subscription to the Service(s).

Freshcaller: means the phone service/support on the cloud which helps businesses make or answer telephone calls. Its Website is https://www.sales-push.com/freshcaller-cloud-pbx/. For the avoidance of doubt, if You use Freshcaller as a distinct Service, the references to phone service under these Terms shall be construed as references to Freshcaller.

Freshchat: means the chat product which has a website widget and User dashboard that an online business would use on its website or web-applications for real-time engagement with its visitors and customers. Its Website is https://www.sales-push.com/live-chat-software/.

Freshconnect: A collaboration tool that is integrated with Freshdesk and Freshsales where Users of Freshdesk and Freshsales can use Freshconnect to start discussions with agents and non-agents, on tickets and deals respectively. Its Website is https://www.sales-push.com/collaboration-software/.

Freshdesk: means the on-demand customer service solution and tools provided by Us. Its Website is https://freshdesk.com.

Freshmarketer: means the all-in-one conversion rate optimization tool provided by Us that helps marketers to optimize the website and improve the conversion rate. Its Website is https://www.sales-push.com/marketing-automation/conversion-rate-optimization/.

Freshrelease: means the agile project management software tool provided by Us. Its website is https://www.freshrelease.com.

Freshsales: a customer relationship management platform provided by Us. Its Website is https://www.sales-push.com/freshsales-crm/.

Freshservice: means the internal IT helpdesk solution provided by Us. Its Website is https://freshservice.com.

Freshteam: means the on-demand recruitment and talent acquisition solution provided by Us. Its Website is https://www.sales-push.com/applicant-tracking/.

Glowboard: means the social testimonial widget to influence visitors to curate reviews about You or Your products or services that are posted on various social platforms such as Facebook and Twitter, or the Glowboard’s review widget which collects reviews provided via Facebook or Twitter or e-mail about You or Your products or services, and display them on Your websites. Its Website is https://www.glowboard.io.

Group Companies: means Techsense Labs Private Limited together with its Affiliates.

Market Place: means an online marketplace for Apps that interoperate with Our Service(s). 

Mobile Applications: mean the software applications created, developed and owned by Us to enable access and use of the Service(s) through mobile or other handheld devices (such as apps on iOS or Android devices).

Personal Data: means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller (as defined under Applicable Data Protection Law).

Privacy Notice: means Our privacy notice at https://www.sales-push.com/privacy/ as updated from time to time.

Processing/To Process: means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

Service Data: means all electronic data, text, messages or other materials, including Personal Data of Users and End-Users, submitted to the Service(s) by You through Your Account in connection with Your use of the Service(s), including, without limitation, Personal Data.

Service(s): mean and include Freshdesk, Freshservice, Glowboard, Freshsales, Freshchat, Freshcaller, Freshteam, Freshmarketer, Freshconnect or any new services that We may introduce as a Service to which You may subscribe to and any updates, modifications or improvements to the Service(s), including individually and collectively, Software, the API and any Documentation. You may subscribe to one or more of the Service(s). They may be subject to separate and distinct Service Plans.

Service Plan(s): means the pricing plan(s) and the functionality and services associated therewith (as detailed on the Websites) for which You subscribe with respect to any User.

Software: means software provided by Us (either by download or access through the internet) that allows You to use any functionality in connection with the Service(s) and includes a Mobile Application.

Subscription Term: means the period during which You have agreed to subscribe to the Service(s) with respect to any individual User.

Supplemental Terms: means the Service(s) – specific terms set forth in section 24 below, additionally applicable to You when You enable, access or use such Service.

Us: means Techsense Labs Private Limited, a New Delhi (India) based company. In these Terms, Us may also be referred to as “We”, and “Our”.

User: means those who are designated users within the Service(s), including an Account administrator, Agents and other designated users.

Websites: This means the websites for various Service(s) and other websites that Techsense Labs operates.


The Supplemental Terms below may contain terms that are specific to one or more Service(s). For avoidance of doubt, in the event of a conflict or inconsistency between the rest of the Terms and these Supplemental Terms, these Supplemental Terms shall prevail.


1. Acknowledgements, Services and Support : Subject in each case to the terms listed in the remainder of this agreement, you hereby acknowledge and agree that:

1.1 The Services may not be used for the sending of unsolicited email (sometimes called “spam”).

1.2 The Services may only be used for lawful purposes.

1.3 For all email campaigns, the “Bounce Rate” must be less than 3% (less than 1000 per day).

1.4 Spam Rate (Complaint Rate) must be less than 0.1% (less than 25 per day).

1.5 Un-Subscription Rate must be less than 1% (less than 100 per day).

1.6 For every campaign, open rate must be greater than 10%.

1.7 Your use of the Services will be subject to monthly subscription fees (“Paid Services”) once you have completed your free trial period or have exceeded the free contact limit. Attachments are charged extra at $2 per GB. 

1.8 Sales-Push.com will not use your customer list/subscriber list or any other customer information for any other purposes than those intended with the Service.

1.9 You agree to import, access or otherwise use only permission-based lists in connection with your use of the Services.

1.10 Every email message sent in connection with the Services must contain the “unsubscribe” link that allows subscribers to remove themselves from your mailing list and “sender contact details”.

1.11 You agree to process any other unsubscribe requests within a 10-day timeframe.

1.12 In case of violation of our Terms of Service, Sales-Push.com may terminate this Agreement or the Services at any time with or without cause notice. Sales-Push.com shall have no liability, and therefore no refund to you or any third party because of such termination.

1.13 For New clients running their email campaign for the first time on our platform, they must submit their past email campaign performance (if they have run a campaign in any other email platform). Once we are convinced that they have a genuinely very good record of bounce rate and spam rate, then only we will allow them to run a campaign here.

1.14 For users who use our email system under the “Block purchasing” method, the Service availability will be subject to whether there are any block send amounts left in your account. A “Send” is defined as a one attempt to deliver one message to one recipient. This includes but is not limited to soft bounced messages and test messages. Once a block runs out, you must purchase more before you can continue using the service. Fees for Block purchases are billed at the time they are ordered. Amounts paid for the Services, including monthly payments or block purchases, are not refundable except as may be otherwise agreed by Sales-Push.com in writing.

1.15 You acknowledge that from time to time email delivery of email messages may be blocked or prevented at the destination mail servers sent through SALES-PUSH.COM. You acknowledge and agree that you are responsible for paying Fees for all email messages sent through SALES-PUSH.COM, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party. You are responsible for monitoring, correcting and updating the email addresses to which messages are sent through your SALES-PUSH.COM account.

2. Restrictions and Responsibilities :

2.1 Every email message sent in connection with the Services must contain an “unsubscribe” link that allows visitors to remove themselves from your mailing list. You acknowledge and agree that you will not remove, disable or attempt to remove or disable such link. You agree to only import permission-based lists (note: purchased lists may not be used, please contact Sales-Push.com if you have questions). You cannot mail to distribution lists (without permission), newsgroups, or spam email addresses. You cannot copy any Software template and use the design for purposes other than sending emails using the Services. Sales-Push.com , at its own discretion, may immediately disable your access to the Services without refund if Sales-Push.com believes in its sole discretion that you have violated any of the restrictions listed above.

2.2 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in any jurisdiction or your local area is prohibited. This may include laws prohibiting the transmission or storage of material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws.

2.3 If enabling ClickTale or other 3rd party analytics tracking, you agree not to tag URLs within messages with personally indentifiable information.

2.4 For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating “Powered by SALES-PUSH.COM” or a similar message unless you are paying to have this footer removed. You agree to cooperate with and provide reasonable assistance to Sales-Push.com in promoting and advertising the Services.

2.5 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Sales-Push.com. Sales-Push.com may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or communicate separately with you. If you subscribed to the Services as a result of solicitation by a marketing partner of Sales-Push.com, Sales-Push.com may share your information with the marketing partner. Sales-Push.com will not provide your personal information to companies without your permission, and Sales-Push.com will not permit the companies that get such information to sell and redistribute it without your prior consent.

2.6 Sales-Push.com will not use your customer list or any other customer information for any purposes other than those intended with the Services. Your customer information will not be shared with any other parties. In addition, Sales-Push.com will not use your customer information for the purpose of sending unsolicited commercial e-mail. You are encouraged to maintain your own copy of your customer list and upon termination of this Agreement, Sales-Push.com will have the right to delete or destroy such customer list and will not be obligated to return or provide a copy of such list to you unless otherwise agreed by Sales-Push.com in writing.

3. Prohibited Content and Commerce Section : Sales-Push.com prohibits the use of the Services by any person or entity that engages in any of the following:

Provides, sells or offers to sell the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons

Displays material that exploits children, or otherwise exploits children under 18 years of age

Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online pharmacies, pharmaceutical products, nutritional supplements, herbal supplements, vitamin supplements, work at home businesses, credit or finance management, mortgage and debt relief offers.

Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content

Posts or discloses any personally identifying information or private information about children without their consent (or their parents’ consent in case of a minor)

Sells or promotes any products or services that are unlawful in the location at which the content is posted or received

Introduces viruses, worms, harmful code and/or Trojan horses on the Internet

Markets or promotes any form of online gambling

Promotes, solicits or participates in pyramid schemes or multi-level marketing (MLM) businesses

Engages in any libelous, defamatory, scandalous, threatening, harassing activity

Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence

Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner

Sales-Push.com reserves the right to terminate this Agreement or prohibit the use of the Services by any person or entity if Sales-Push.com, believes in its sole discretion, that use of the Services by such person or entity may violate any federal, state or local, law, rule or regulation or the terms of this Agreement.


Customers using our partner product – ActiveCampaign, must abide by the Terms and Conditions of ActiveCampaign mentioned here – https://www.activecampaign.com/legal/terms-of-service



Contact Us

If you have any questions about our use of cookies, please contact us at [email protected] or at:


Techsense Labs Private Limited,

B 61, Sector 67, Noida – 201301

UP, India.