Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING ONVOARD SERVICES AND WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN YOU MAY NOT USE THE SERVICES OR ACCESS THE WEBSITE.

Your use of OnVoard's (UEN 201715596C) services, including the services OnVoard makes available through this website, including this website and any content made available through this website (collectively the "Service") is governed by these terms and conditions (the "Terms"). Please read these terms carefully before using the Services. If you are using the Services on behalf of an organisation, you are agreeing to these Terms for that organisation and representing that you have the authority to bind that organisation to these terms. In that case, "you" and "your" will refer to your organisation.

You may use the Services only in accordance with these Terms. You may use the Services only if you have the legal power and capacity to form a contract with the Company. The Services will continue to evolve as we refine features and functionality. We may terminate, suspend or modify the Services, in general or with respect to you, from time to time without cause or prior notice. We may also delete any content or data from the Services at our discretion. You may not access the OnVoard Services if you are our direct competitor, except with our prior written consent.

You must follow the 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.

We may, at our discretion, periodically change the description or content of our services in order to reflect changes to the service offerings and features, including, without limitation, to reflect enhanced capabilities, changes in the service terms, changes in regulatory requirements, and/or any other modification intended to improve the efficacy of the services or better address a perceived need among our customers.

In the course of using our Service, you may be required to provide OnVoard with your personally identifiable information, including contact information, username and password ("Credentials"). OnVoard will handle such information with the utmost attention, care and security. Nonetheless, you, not OnVoard, shall be responsible for maintaining and protecting your Credentials in connection with our Service. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify OnVoard of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify OnVoard immediately.

By making available any user generated content ("User Content") through our Site or Service, you hereby grant to OnVoard a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site or Service.

OnVoard offers two types of plans, and the billing terms that apply to you depend on which type your plan is:

• Prepaid plans - you pay for your plan and your usage in advance. All new subscriptions are prepaid plans.
• Legacy plans - older plans that are billed in arrears, meaning you are charged at the end of each billing period. Existing customers who are on legacy plans keep these terms.

You can see which type applies to your subscription on your billing page. Where the terms below are split into "Prepaid Plans" and "Legacy Plans", only the part that matches your plan type applies to that subscription.

Prepaid subscription plans are charged in advance. The plan fee is charged when you subscribe, and then charged again in advance at the start of each renewal period. Subscriptions renew automatically each month until you cancel them. You can cancel your plan at any time via the subscriptions page.

Because the plan is prepaid, cancelling stops future renewal charges. You will not be charged again after you cancel, and you can continue using the plan until the end of the period you have already paid for. Plan fees are charged per period and are not prorated for partial periods.

For legacy monthly subscription plans, you are expected to commit to our service for at least 1 month. OnVoard will automatically renew your subscription at the end of each month, so long as your subscription has not been cancelled. You can cancel your plan via the subscriptions page.

Upon plan cancellation, you will be charged 1 final time at the start of next month for the current month's usage. You can continue using the plan until end of month. For example, if you cancel on 15th Jan, you will be charged on the first day of Feb for the whole of Jan's usage.

OnVoard charges legacy plan subscriptions by months, not days. Thus if you cancel midway through the month, you are expected to commit to the full month. We charge legacy subscriptions at the end of the period instead of the start because certain charges like email sends are usage based and can only be calculated at the end of the period.

For prepaid plans, subscription fees are charged in advance for each billing period. Your designated payment method will be charged at the start of each billing period, as well as for any outstanding balances. Usage-based charges, such as email sends, are paid from your prepaid Usage Balance as described in the Usage Balance section below, and are not billed after the fact.

For legacy plans, your designated payment method will be charged at the end of each billing period for the fees incurred for such billing period, including usage-based charges such as email sends, as well as for any outstanding balances.

For both plan types, your "next charge date" and "billing period" will be specified by OnVoard and made accessible via OnVoard's platform. OnVoard reserves the right to change the term of "next charge date" and "billing period" at any time.

Any and all late payments shall accrue interest at the rate of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, you are responsible for paying any reasonable expenses and attorneys' fees that OnVoard incurs in connection with collecting late amounts. If any amount owed by you under this Agreement is overdue, OnVoard may, without limiting our other rights and remedies, suspend your access to the Service until such amounts are paid in full.

This section applies to prepaid plans. Some features are charged based on usage, such as email sends, SMS, WhatsApp messages and AI generation. On prepaid plans, these usage-based charges are paid from a prepaid Usage Balance rather than billed after the fact. If you are on a legacy plan, usage-based charges are instead billed on your invoice at the end of each billing period, as described in Payment Terms.

You add funds to your Usage Balance in advance. As you use these features, the corresponding charges are deducted from your balance. A minimum amount applies to each top-up, and the applicable minimum is shown at the time you add funds.

You may optionally enable auto-recharge, which automatically adds a fixed amount to your Usage Balance when it falls below a threshold you set. Auto-recharge is off by default and only applies when you enable it. While auto-recharge is enabled, you authorize OnVoard to charge your designated payment method for the recharge amount, and you are responsible for the resulting charges. You can change or disable auto-recharge at any time via your billing page.

Unused funds in your Usage Balance roll over and remain available for future usage.

If your Usage Balance runs out, usage-based sending will pause until you add funds. Usage is paid from funds you have added in advance, so you are not billed after the fact for usage on prepaid plans.

Customer need to manually cancel subscription plans via subscriptions page. If subscription plans is not cancelled, it will renew each period. Please note that uninstallation of OnVoard apps on external platforms like Shopify, BigCommerce, EasyStore and Wix, will not cancel the subscription. You need to manually cancel subscription plans via subscriptions page.

For prepaid plans, cancelling stops future renewal charges. You will not be charged again after you cancel, and you can continue using the plan until the end of the period you have already paid for.

For legacy plans, cancelling does not remove the charge for the period you are already in. You will be charged one final time at the start of the next month for the current month's usage, and you can continue using the plan until the end of that month. See Plan Commitment.

OnVoard send invoice notifications via email each time we charge your card. As such, we won't be issuing refunds if you have forgotten to cancel your subscription plans.

Refunds for OnVoard's Services will be evaluated on a case-by-case basis.

Prepaid subscription fees are non-refundable once a billing period has started. Any unused funds in your prepaid Usage Balance may be refunded to you upon request, at OnVoard's discretion.

OnVoard may at any time, in its sole discretion, suspend, modify or terminate all or part of the Service, terminate this Agreement, or suspend or terminate Your participation, in all or part of the Service for any or no reason.

As an authorized affiliate partner (Affiliate) of OnVoard, you agree to abide by the terms and conditions contained in this Agreement.

Commissions will be paid once a month. Payout will be made only after the affiliate have met the minimum payout threshold. Commissions will be paid via PayPal. If the minimum threshold has not been met or when affiliate has not provided OnVoard with a valid PayPal account, commissions will be withheld.

Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

OnVoard reserves the right to revoke all commissions and terminate any Affiliate account at any time, at our sole discretion. Below are some prohibited activities:

• Abuse
• Cheating
• Self-referrals
• Using misleading or incorrect information
• Using discount coupons that are not assigned to you
• PC advertising with OnVoard's keywords or trademark
• Promoting via coupon sites

To ensure that we maintain a high sending reputation for businesses that run on our platform, OnVoard has strict guidelines on contacts you can send.

You can only send to contacts if they met any of these following requirements:

• Sign up via your website.
• Started checkout with your store.
• Purchased from your store.
• Opted in to receive marketing emails from your business.

OnVoard is not a platform for cold emailing or prospecting for new clients. You should not use OnVoard to send to contacts if they are collected via:

• Third-party lists.
• Purchased or rented lists.
• Scraping

Keep in mind that we may suspend accounts that violate our guidelines or uses OnVoard for spamming.

You represent and warrant as follows:

• You own or have the legal right to use and distribute all content, copyrighted material, products, and services displayed on your site; You will not engage, promote or endorse in any illegal activity;
• Your site is free of any viruses, trojan horses, worms, adware, malware or other device that may potentially damage, interfere with, intercept, or expropriate any system, data or personal information;
• Your site is and will be compliant with all applicable laws and regulations and does not contain, promote or link to websites containing any pornographic, racial, ethnic, defamatory, abusive, violent, prejudicial, software pirating or hacking, hate-mongering, or otherwise objectionable or non-permitted content;
• You may not attempt in any way to alter, modify, eliminate, or otherwise render inoperable or ineffective the site tags, source codes, pixels or other data provided by or obtained from OnVoard;
• You have the right to enter into and fully perform the services contemplated herein, consistent with these Terms of Service;
• You shall be responsible for all costs and legal fees arising from any fraudulent or non-compliant activities conducted, directly or indirectly, by You

You agree not to disclose OnVoard Confidential Information without OnVoard's prior written consent. "Confidential Information" means any information disclosed or made available to you by OnVoard, directly or indirectly, whether in writing, orally or visually, other than information that: (a) is or becomes publicly known and generally available other than through your action or inaction or (b) was already in your possession (as documented by written records) without confidentiality restrictions before you received it from OnVoard.

You agree to indemnify, defend and hold OnVoard and its officers, directors, shareholders, successors, affiliates, employees, agents and representatives harmless from and against any and all costs, claims, demands, liabilities, expenses, losses, damages and attorney fees arising from any breach of any of these Terms of Service or any Program Terms. OnVoard reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the indemnifying party hereunder.

IN NO EVENT SHALL ONVOARD BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR STRICT LIABILITY), OR FOR INTERRUPTED COMMUNICATIONS, LOSS OF USE, LOST BUSINESS, LOST DATA OR LOST PROFITS, EVEN IF ONVOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL SERVICES PROVIDED BY ONVOARD ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. YOU USE THE SITE AND RUN PROGRAMS AT YOUR OWN RISK.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ONVOARD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

Neither party will be liable for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

This constitutes the entire agreement between the parties and supersedes any prior or inconsistent agreements, negotiations, representations and promises, written or oral, regarding the subject matter. No modification, course of conduct, amendment, supplement to or waiver of this Agreement or any provisions hereof shall be binding upon the parties unless made in writing and duly signed by both parties.

No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

Each party is an independent contractor. Except as set forth in this Agreement, neither party is authorized or empowered to obligate the other or incur any costs on behalf of the other without the party's prior written consent.

This Agreement shall be governed by and interpreted in accordance with the laws of Singapore. For any matter related to the interpretation or execution of this Agreement, the parties expressly waive to submit to any courts which might have jurisdiction over the subject matter, and agree to submit to the exclusive jurisdiction of the federal and state courts located in Singapore.

Any notice, communication or statement relating to these Terms of Service for either party shall be in writing and deemed effective: (i) upon delivery when delivered in person; (ii) upon transmission when delivered by verified facsimile transmission or verified e-mail; or (iii) hand delivery, with acknowledgement of receipt, transmission, in each case to the other party's address set forth herein