THESE TERMS OF SERVICES IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER APPLICABLE LAWS THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES. THESE TERMS OF SERVICES DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
PLEASE READ THESE TERMS OF SERVICES CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THESE TERMS OF SERVICES. IF YOU DO NOT AGREE WITH THE TERMS OF THESE TERMS OF SERVICES, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
These Terms of Service ("Terms”) of the website located at the URL www.floik.com, and WebApp (collectively referred to as “Platform”) is between PINGTHIS PRIVATE LIMITED, a private limited company incorporated under the laws of India (referred as “Company” or “we” or “us” or “our") and the Users, (a person (an individual or body corporate, as the case may be) registering on or using the Platform (referred as "you" or "your" or “User”) describing the terms on which Company shall offers Services (defined below)
For sake of clarification, You and Company shall hereinafter be individually referred to as a “Party” and collectively as the “Parties”
1. CLICK TO ACCEPT
Before using certain areas of the Platform, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Terms and Conditions. Any consent so provided by you will be deemed to be valid consent under all applicable laws.
2. UPDATION OF TERMS AND CONDITIONS
Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified, or revised by us from time to time. To ensure that you are aware of any additions, revisions, amendments, or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time. The updated Terms and Conditions shall be effective immediately and shall supersede the previous Terms and Conditions. We shall not be under an obligation to notify you of any changes to the Terms and Conditions. You shall be solely responsible for reviewing the Terms and Conditions from time to time for any modifications. If you continue to use the Platform and/or Services after the updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the updated Terms and Conditions. Any reference to Terms of Service herein shall refer to the latest version of the Terms of Service.
3. WEBSITE SERVICES
These Terms of Services govern your download, feature access and use of the Platform. The Company provides for SaaS (software as a service) based solutions to create a Digital Adoption Platform which shall allow for features including but not limited to quick screen recordings, screenshots and videos and get contextual feedback, engagement insights, embedding capabilities and such other features, related solutions, services and documentation as developed, introduced, described and made available through the Platform (collectively the “Services”).Company reserves the right to update the Platform and /or Services, in order to, inter alia, introduce new features or Services, enhance existing features or Services, improve user experience and performance. You hereby agree that Company will be able to provide support services only if you install all the updates upon receiving notifications while using the Platform and its Services.
4. ELIGIBILITY AND ACCOUNT REGISTRATION
4.1 By using the Platform, you affirm that: (i) you are at least of the age of majority under the laws of your jurisdiction to enter into this Terms and Conditions; and (ii) are fully able and competent to accept the Terms and Conditions and the obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of an Account on the Platform is available only to persons who can form legally binding contracts. Persons who are "incompetent to contract" within the meaning of the applicable law including minors, undischarged insolvent, or persons with unsound mind etc. are not eligible to use the Platform. Further, if you are using any Service as an employee, agent, or contractor of a corporation, partnership or similar entity, then you represent and warrant that you have the authority to sign for and bind such entity in order to accept the terms of these terms of services.
You may register an account on the Platform (an “Account”). When you register on the Platform and set up your Account, you must: (i) provide accurate and complete information; (ii) promptly update your Account information with any new information that may affect the operation of your Account; (iii) authorize Company to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us via the Platform including document proofs or copies or any such information as required mandatorily by applicable law that need to be provided to us; and (iv) acknowledge and accept any applicable policies, including but not limited to those pertaining to service quality, confidentiality, User integrity, anti-harassment and conflict of interest. You will not use false identities or impersonate any other person or use another account that you are not authorized to use on any computer, mobile phone, tablet, or other device (collectively “Device”).
You are responsible for safeguarding and maintaining the confidentiality of your Account information. You agree not to disclose your Account information to any third party and that you are entirely and solely responsible for any and all activities or actions that occur pursuant to the use of your Account on the Platform, whether or not you have authorized such activities or actions. You will immediately notify the Company of any unauthorized use of your Account. You may be held liable for losses incurred by Company due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account Information secure and confidential.If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company in its sole capacity has the right to suspend or terminate your Account and refuse any and all current or future use of the Platform / Services (or any portion thereof).
5. PLATFORM LICENSE
5.1 Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any content of Platform solely for the purposes identified and set out in detail on the Platform and for no other purpose; and (ii) to access, modify, edit and download any content, to which you are permitted access solely for the purpose of using such content in accordance with the policies, product description, permitted usage and other guidelines as may be available on our Platform. You have no right to sublicense the license rights granted herein.
5.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in the Terms. The Platform and the Intellectual Property Rights vested therein are owned by Company.
5.3 You agree that this Platform and its Services are made available to you on a non-exclusive, non-transferable, non-sublicensable and on a limited license basis and hence, you will not permit, enable, introduce or facilitate other persons to participate in availing Services from your Account, including others who may be subject to an agreement that is the same or similar to this Terms and Conditions.
5.4 You grant the Company an irrevocable, perpetual, non-exclusive, transferable, and a worldwide license to copy, store, use, retain, transmit, scan, reformat, edit, translate, excerpt, adapt and distribute the content created by you, solely for the purpose of providing the Services to you. Except for the right expressly granted herein, you retain entire ownership on the data created or stored by you using our Services.
6. FEES AND PRICING
6.1 Subscription Plan: Users may sign up for free and use the entire Platform except to access paid features. The subscription plans (monthly/annually) to access the paid features and their respective pricing will be updated on the Platform from time to time and the User is advised to select the appropriate subscription based on its business requirements.
6.2 Invoice: The Company will raise the invoice on the User on the basis of the subscription plan availed by such User for the Services. The User shall pay the Company the periodic subscription fee (inclusive of all taxes) in advance as per the plan which it chooses.
6.3 Renewal: The subscription plan may be renewed by the Parties on expiry of the initial term of the subscription plan provided that consideration for the Services is paid in advance by the User. In case the User fails to make payment for the Services, the User will cease its/his/her access to the paid features.
6.4 Auto-Renewal: You acknowledge and agree that certain Services provided by the Company may be subject to automatic renewal. If you choose to enroll in automatic renewal, your subscription or service will automatically renew for the same period as your original subscription or service, unless you cancel prior to the expiration of the subscription or service. The fees for the automatic renewal period will be the same as the fees for the prior period, unless a revised fee is displayed on the Platform, in which case you may terminate the automatic renewal before the fee increase takes effect. If you do not wish to enroll in automatic renewal, you must cancel your subscription or service before the expiration of the current period. We are not responsible for any fees or charges incurred as a result of your failure to cancel the automatic renewal.
6.5 Taxes: You agree to pay all fees and charges associated with your subscription or service, including any applicable taxes. Unless otherwise specified, all fees are due in advance and are non-refundable, even if you cancel your subscription or service before the end of the current period.
6.6 Multiple Payment Options: The User acknowledges that multiple payment options such as debit/credit card, net banking, Unified Payments Interface (UPI) etc are made available at the time of making a transaction. The User further agrees and acknowledges that Company shall not be responsible or assume any liability in respect of any loss or damage arising directly or indirectly to the User due to any payment issues arising out of any transaction on the third-party payment gateway. However, the Company reserves the right, but have no obligation, to facilitate and support the User in mutually resolving any transaction failure or such other payment issues faced by the User; provided however, that the User ensures and takes all reasonable efforts to immediately contact, cooperate with and notify the Company regarding the payment issues faced by the User.
6.7 Auto- Debit: You may choose to pay for our Services through automatic debit from a designated bank account, debit card or credit card subject to the options made available on the Platform. If you choose to enroll in automatic debit, you authorize us to initiate periodic debit entries to your designated bank account, debit card or credit card for the amount of fees and charges associated with your subscription or Services. You agree to maintain sufficient funds or credit on the designated bank account, debit card or credit card to cover all fees and charges associated with your subscription or Services. If a debit entry is returned for insufficient funds or other reasons, the Company shall have the right to suspend or terminate your subscription or Services, and you may be responsible for any fees or charges incurred as a result of the returned debit entry. You may cancel your enrollment in automatic debit at any time by notifying us in writing at least 14 (fourteen) days prior to the next scheduled debit entry. If you cancel your enrollment in automatic debit, you must arrange for an alternate payment method to ensure that all fees and charges associated with your subscription or Services are paid in a timely manner.
6.8 Right to Amend: The Company reserves the sole right to amend the pricing, pricing bands or structure in any transaction that falls within the purview of this Agreement from time to time for any reason whatsoever, subject to due notification of such amendment to the User (direct notification or via Platform) and the User specifically disclaims any and all rights that vest upon him/her under any contract, law or equity in this regard.
7. REFUND AND CANCELLATION
In the event any User wishes to stop availing the subscribed Services, he/she may suo-moto cancel their subscription by logging in to their respective Accounts. In case, if the User cancels the subscription within 15 (fifteen) days of payment, the Company shall refund the subscription amount on a pro-rata basis for the unused portion of the Services to the User. Any refund for cancellation beyond 15 (fifteen) days of payment will be solely at the discretion of the Company.Provided that, in case of breach of Service Warranty, the Company may refund the subscription amount on a pro-rata basis to the Users.
Service Warranty: Company warrants that the Services will be performed in all material respects. Provided that the User provides written notice of a claim within thirty (30) days after first becoming aware of a breach of the foregoing warranty, the Company will use diligent efforts to correct the Services, so the foregoing warranty is met, and if the Company is unable to make such corrections in a timely and reasonable manner, either Party may terminate the Services, and the User, as its sole and exclusive remedy, will be entitled to receive a refund of any unused fees that the User has pre-paid for the applicable Services. This warranty will not apply if the error or non-conformance was caused by the User’s breach or misuse of these Terms and Services.
Notwithstanding anything contained in these Terms and Conditions, the User agrees and acknowledges that certain fees and charges, including but not limited to, setup fees, one-time fees and taxes, are non-refundable.
8. RULES AND CODE OF CONDUCT
8.1 You shall not use the Platform for any purpose that is prohibited by the Terms; or other rules or policies implemented by us from time to time.
8.2 You shall comply with all applicable local, provincial laws, and regulations in connection with your availing of the Services.
8.3 You shall keep Company informed of any technical issues or problems with the Platform, as and when the issues develop.
8.5 Additionally, you shall not share any information that: (i) may be harmful to minors or children below the age of majority under the laws of your jurisdiction; (ii) threatens the unity, integrity, defence, security or sovereignty of the country, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or \ proprietary rights; (vi) violates any laws for time being.
8.6 Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
8.7 You will not access the Platform, and/or its services, or the personal information of other Users, available on the Platform in order to build a similar or competitive website, product, or service.
8.8 You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account, or any other breach of security, in relation to your personal information on the Platform.
8.9 One Account shall not be used by more than one User. Any use of an Account by a third-party would deem to be unauthorized usage. The Company reserves the right to disable any such Account from the Platform. j) In addition, the User will not: (ix) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Company Services available to any third party other than Users except permitted by the Company ; (x) modify, adapt, or hack the Company Services or otherwise gain or attempt to gain unauthorized access to the Company Services, its related systems or networks; (xi) falsely imply any sponsorship or association with Company,; (xii) decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any portion of the Company’s technology.
9. USE OF YOUR INFORMATION
9.2 We ensure easy access to the Users by providing an option to update your Account information. We reserve the right to moderate the changes or updates requested by you.
9.4 We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services, pursuant to our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.
9.5 You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Services; (c) respond to claims that any of your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
10. DECLARATIONS, REPRESENTATIONS, WARRANTIES AND COVENANTS
10.1 Each Party hereby represents and warrants that it has the legal right, power and authority to enter into, deliver and perform this Terms and Conditions and any other documents executed in connection with or pursuant thereto.
10.2 Notwithstanding anything contained herein, the User does not have the right to assign any of his/her rights under these Terms to any other person or organization.
11. THIRD PARTY SITES AND SERVICES
11.3 User may procure use of any Services, from a third-party authorized reseller of the Company, including third-party marketplaces (“Channel Partner”) pursuant to a separate agreement with the Channel Partner. User’s use of any Services procured through a Channel Partner will be subject to the terms of these Terms of Services, and all fees payable (including applicable taxes) for such use will be payable to the Channel Partner pursuant to the terms agreed to between User and the Channel Partner. User understands and agrees that, if User purchased the Service subscriptions via a Channel Partner, service credits and refunds payable under these Terms of Services may be payable or applied by Channel Partner acting on behalf of the Company in proportion to the fees paid by the User to the Channel Partner, and the discharge by the Channel Partner of such obligations will relieve the Company of the same under these Terms of Services.
12. INTELLECTUAL PROPERTY
12.1 Company shall own all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights and all other rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), software, works of authorship, mask works, designations, designs, know-how content of the Platform, ideas and information, which are subject matter of Services (collectively referred to as “Intellectual Properties”).
12.2 Notwithstanding anything contained in this Terms and Conditions, Intellectual Properties include all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like.
12.3 While rendering Services, Company and other Users directly or through its representatives, may provide Users with certain materials relevant to the Services, which may be in the form of audio, video, written and oral content (“Company Materials”). Company Materials shall be the exclusive property of the Company. User hereby agrees and acknowledges that he/she shall ensure that the Company Materials are not shared with any third party, without Company’s written consent and any breach of such nature shall cause financial and irreparable injury to Company. Company hereby provides User with a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the Company Materials solely for its personal purpose and not for any commercial use.
12.4 User-Generated Content:
1. Our Platform may allow you to create, upload, or share your own marketing materials, guides, collateral demos, videos, and other content (collectively, "User-Generated Content"). You retain all intellectual property rights in your User-Generated Content, subject to the licenses granted to the Company below.
2. By creating, uploading, or sharing User-Generated Content on our Platform, you grant the Company a non-exclusive, worldwide, royalty-free, and transferable license to use, reproduce, distribute, and create derivative works of your User-Generated Content solely for the purposes of operating and promoting our Platform. If you elect to make the User-Generated Content publicly available, then you also grant other users of our Platform a non-exclusive license to access and view your User-Generated Content. In a similar manner, in case the User elects to restrict the access of User-Generated Content, then you also grant such users to whom access is provided a non-exclusive license to access and view your User-Generated Content.
3. You represent and warrant that your User-Generated Content does not infringe any third party's intellectual property rights or violate any applicable laws, rules, or regulations. You also agree to indemnify and hold the Company harmless from any claims, damages, or losses arising out of or in connection with your User-Generated Content.
4. We reserve the right to remove any User-Generated Content from our Platform at any time, in our sole discretion, for any reason or no reason, without notice or liability to you.
5. Additional Rights & Obligations in case the User elects to make the User-Generated Content publicly available:
1. The User acknowledges and understands that other Users are also allowed to comment, annotate, and otherwise engage with the User-Generated Content on our Platform. However, any comments or annotations made by other Users will not be considered a part of the original content creator's intellectual property.
2. It is to be noted that access to such User-Generated Content will be limited to the Users with the appropriate subscription and authorization as determined by the Company.
3. The User acknowledges and agrees that the Company does not take responsibility for any text or other material that anyone may enter or submit on our Platform. The Users are solely responsible for the accuracy, completeness, and legality of any such text or material that they enter or submit on our Platform.
12.5 Interactive Services: Some parts of the Services are interactive, and the Company is in no way responsible for the content, information or actions of the User and/or other third parties. You are solely responsible for your interactions and communications with the other Users including any sensitive personal information provided by you to the other Users, and any other parties with whom you interact or communicate with through the Service. You shall not use the Platform except strictly for the purposes specifically laid down in these Terms and Conditions.
13. DMCA NOTICE
If you believe that any content on our Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
13.1 Your physical or electronic signature;
13.2 Identification of the copyrighted work(s) that you claim to have been infringed;
13.3 Identification of the material on our Website or Platform that you claim is infringing and that you request us to remove;
13.4 Sufficient information to permit us to locate such material;
13.5 Your address, telephone number, and email address;
13.6 A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
13.7 A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
The Copyright Agent to receive DMCA Takedown Notices is Vartika Bansal,email@example.com at No. B-1803, 18th Floor Ebony Block, Salarpuria Sattva Greenage Bengaluru 560068. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by the Company in connection with the written notification and allegation of copyright infringement.
The User agrees to keep all technical and non-technical information, which it may have acquired before or after the date of this Terms and Conditions in relation to the technology, customers, business, operations, financial conditions, assets or affairs of the Company resulting from negotiating this Terms and Conditions; or exercising its rights or performing its obligations under this Terms and Conditions; or which relates to the contents of this Terms and Conditions (or any agreement or arrangement entered into pursuant to this Terms and Conditions), including but not limited to business plans, business forecasts, research, technology and financial information, procurement requirements, purchasing requirements, manufacturing, customer lists, sales and merchandising efforts, marketing plans, experimental work, development, design details, specifications, engineering, copyrights, trade secrets, proprietary information, know-how, processes, equipment, algorithms, software programs, software source documents, and information in any way related to the current, future and proposed business, products and Services of Company strictly confidential or any other information designated as confidential from time to time.
Notwithstanding anything in the foregoing to the contrary, confidential information shall not include information which: (i) was known by the User prior to receiving the confidential information from Company; (b) becomes rightfully known to the User from a third-party source not known (after diligent inquiry) by the User to be under an obligation to Company to maintain confidentiality; (c) is or becomes publicly available through no fault of or failure to act by the User in breach of this Terms and Conditions; (d) is required to be disclosed in a judicial or administrative proceeding, or is otherwise requested or required to be disclosed by law or regulation.
15. RIGHTS AND OBLIGATIONS RELATING TO THE USAGE OF THE PLATFORM
Users shall be prohibited from carrying out the any illegal acts in the Platform including but not limited to acts mentioned below:
- violating or attempting to violate the integrity or security of the Platform;
- transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
- intentionally submitting on the Platform any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
- circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.
- Any unlawful activities in the Platform which are prohibited by applicable laws.
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
Proprietary Rights: All proprietary rights, including intellectual property rights in the Services related thereto are the exclusive property of the Company. The Company does not grant to you or anyone acting for you any right or title to such proprietary rights, or the permission to use such proprietary rights, except for the limited purposes expressly provided for in these Terms of Services. No part of these Terms of Services shall be construed as transferring any element of such proprietary right to you.
16. SUSPENSION AND TERMINATION
16.1 These Terms of Services are effective unless and until terminated by either you or Company. You may terminate these Terms of Services at any time by notifying us that you no longer wish to use our Services, or when you cease using our Platform.
16.2 We have the right to temporarily suspend access to the whole or any part of the Services for any reason whatsoever (including but not limited to technical/operational reasons) and shall be under no liability to you in such an event. Further, we may, but are not obliged to, give you notice of any interruption of access to the Service.
16.3 We may temporarily suspend access to the whole or any part of the Services for pre-scheduled maintenance. The intent to temporarily suspend access for pre-scheduled maintenance shall be communicated to you 48 hours in advance via email to the contact details provided by you upon creation of your Account. If you choose to access the Platform or avail Services during such pre-scheduled maintenance, we cannot guarantee the availability of the Services and/or functionality of the Platform.
16.4 We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
16.5 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the Terms of Services, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
16.6 In the event of any termination of this Terms and Conditions, the User shall promptly and forthwith make payments accrued or due to Company.
16.7 Upon termination of these Terms and Conditions, any rights or obligations of the User existing at the time of expiration or termination, which, by their nature, survive the expiration or termination of these Terms and Conditions and such other provisions as specifically identified in this Terms and Conditions, shall survive.
17.1 Upon termination of these Terms and Conditions, any rights or obligations of the User existing at the time of expiration or termination, which, by their nature, survive the expiration or termination of these Terms and Conditions and such other provisions as specifically identified in this Terms and Conditions, shall survive.
18. CONTACT YOU
18.1 You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:
- Rendering Services
- Obtaining feedback in relation to Platform or our Services;
- Obtaining feedback in relation to any other Users listed on the Platform;
- Any events or initiatives that you may be interested in as part of the community of users
- Resolving any complaints, information, or queries by other Users regarding your critical content.
18.2 You agree to provide your fullest cooperation further to such communication by the Company.
19.1 THE SERVICE RENDERED ON COMPANY'S PLATFORM ARE PROVIDED "AS IS" AND “AS AVAILABLE”. COMPANY EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICES, MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHERMORE, COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS PLATFORM OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
19.2 THE COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS; (E) ANY INFORMATION PROVIDED BY US IN ANY WAY WILL MEET YOUR REQUIREMENTS ; OR (F) THE PLATFORM WILL BE FREE OF GLITCHES; ON YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
19.3 COMPANY DOES NOT WARRANT THAT THE USER WILL BE ABLE TO USE THE PLATFORM/PLATFORM AT ALL TIMES OR LOCATIONS ON THE PLATFORM/PLATFORM OR THAT THE PLATFORM AND THE SERVICES PROVIDED THROUGH THE PLATFORM/PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
19.4 THE MATERIALS AS APPEARING ON THE PLATFORM MAY CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS. COMPANY RESERVES THE RIGHT, ALTHOUGH IT IS UNDER NO OBLIGATION TO DO SO, TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR MATERIAL AS APPEARING ON THE PLATFORM AT ANY TIME WITHOUT PRIOR NOTICE.
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services and Platform; or (ii) your violation of the Terms; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
21. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL COMPANY BE LIABLE WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR (I) ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR OTHER SUCH LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO THOSE SUCH AS AND/OR RESULTING FROM LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, DEPLETION OF GOODWILL, LOSS OR CORRUPTION OF DATA OR INFORMATION, PURE ECONOMIC LOSS AND/OR SIMILAR LOSSES OR DAMAGES OF ANY KIND, HOWSOEVER ARISING IN CONNECTION WITH THESE TERMS, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DAMAGES (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our licensors and service providers will have no liability of any kind under these Terms and Conditions. Unless such restriction is prohibited by applicable law, you may not bring any claim under these Terms and Conditions more than twelve (12) months after the cause of action arises.
22. EXEMPTIONS TO LIMITATION OF LIABILITY
You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
22.1 your failure to cooperate;
22.2 your unavailability and/or unresponsiveness;
22.3 your failure to provide accurate and complete information;
22.4 your failure to provide or facilitate the submission of information in timely manner;
22.5 any event beyond Company’s reasonable control.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Services, at any time without any prior written notice to you. We suggest that you regularly check these Terms of Services to apprise yourself of any updates. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Services, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
24. SEVERABILITY AND WAIVER
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Services shall survive, remain in full force and effect and continue to be binding and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
25. FORCE MAJEURE
If the performance of the Party’s obligations hereunder is prevented, restricted or interfered with by reason of fire, floods, or by epidemic or pandemic , or other casualty or accident; strike or labor disputes; war or other violence; or any act or condition beyond the reasonable control of the Parties, or an act of God (each a “Force Majeure Event”), then the Parties shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that the Parties shall give prompt notice within a period of three (3) days from the date of occurrence of the Force Majeure Event and providing a description to the other Party of such Force Majeure Event in such notice, including a description, in reasonable specificity, of the cause of the Force Majeure Event and the likely duration of the impact or delay cause by the Force Majeure Event; and provided further that the Parties shall use reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes are removed.
If the Party’s performance of its obligations under these Terms and Conditions is suspended due to the occurrence of a Force Majeure Event for a period in excess of thirty (30) business days, the Parties may terminate this Terms and Conditions without incurring any charges.
26. RELATIONSHIP BETWEEN THE USER AND COMPANY
Nothing in this Terms and Conditions shall be construed to create any relationship between Company and you other than that of a service provider and user. you do not have the authority to bind Company in any manner whatsoever.
These Terms are personal to you and you shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
28. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms and Conditions are governed by the laws of India without regard to conflict of laws principles. In the event of any dispute arising out of or in relation to these Terms and Conditions, each of the parties to these Terms and Conditions consents to the exclusive jurisdiction of the courts located in Bangalore, India.
29. ENTIRE TERMS OF SERVICES
The Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Services and usage of Platform.
Neither Party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with these Terms of Services. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If User learns of any violation of the above restriction, User will use reasonable efforts to promptly notify the Company, at firstname.lastname@example.org
31. EXPORT COMPLIANCE AND USE RESTRICTIONS.
The Services and other software or components of the Services which the Company may provide or make available to Users may be subject to U.S. (or other territories) export control and economic sanctions laws, rules and regulations, including without limitation the regulations promulgated by the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) and the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) (collectively, “Export Control Laws”). The User agrees to comply with all the Export Control Laws as they relate to access to and use of the Services, and such other components by the Users. The Users shall not access or use the Services if User is located in any jurisdiction in which the provision of the Services, or other components is prohibited under U.S. or other applicable laws or regulations, including, without limitation, a country or territory that is subject to comprehensive U.S. trade sanctions (including Crimea, Cuba, Iran, North Korea, and Syria) (a “Prohibited Jurisdiction”) and Users shall not provide access to the Services to any government, entity or individual located in any Prohibited Jurisdiction. User represents, warrants and covenants that (i) User is not named on, or owned or controlled by any party 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) Users is not a national of, located in, or a company registered in, any Prohibited Jurisdiction, (iii) Users shall not permit User to access or use the Service in violation of any Export Control Laws, (iv) no User Data created or submitted by User is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control Laws, and (v) User shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which Users are located. User further agrees that User will not use the Services to disclose, transfer, download, export or re-export, directly or indirectly, any User data to any country, entity or other party which is ineligible to receive such items under the Export Control Laws or under other laws or regulations to which User may be subject. User acknowledges that the Service(s) and other software may not be available in all jurisdictions and that User is solely responsible for complying with the Export Control Laws.
32. FEDERAL GOVERNMENT END USE RESTRICTIONS.
If a User is a U.S. federal government department or agency or contracting on behalf of such a department or agency, this Service 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 is licensed to the User with only those rights as provided under the Terms and Conditions of these Terms of Services.
33. GRIEVANCE REDRESSAL OFFICER
Any discrepancies or grievances with regard to content and or comment or breach of the Terms of Service shall be taken up with the designated grievance officer as mentioned below in writing or through email signed with the electronic signature to:
Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to:
Attention: Vartika Bansal
Email ID: email@example.com
Address: No. B-1803, 18th Floor Ebony Block, Salarpuria Sattva Greenage Bengaluru 560068
The grievance officer shall revert to every complaint within 24 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 15 days of receipt of the complaint. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
The Company offers an email, and in-app-based support system. In case you require any assistance or support, you may access support resources or contact our support using the “Help and Support” function on the Platform or email at firstname.lastname@example.org. The Company provides Support on Monday – Friday between the hours of  a.m. –  p.m. PST (except public holidays).
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.
For Indian Users, in furtherance of the Consumer Protection Act 2019 (“Consumer Protection Act”) and the Consumer Protection (E- Commerce) Rules 2020 (“E-Commerce Rules”) a nodal officer is appointed to ensure compliance with the Consumer Protection Act and the E-Commerce Rules.
The details of the grievance officer to which consumer grievances can be redressed are as follows;
Name: Vartika Bansal
Contact Details: email@example.com
Designation of such officer: CEO
The Company shall revert to every complaint within 48 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 30 days of receipt of the complaint. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have any questions regarding the Services or usage of the Platform, please contact Company at firstname.lastname@example.org. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.