Terms of Service
TERMS OF SERVICE
THESE TERMS OF SERVICES IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER APPLICABLE LAWS AND THE PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES. THIS TERMS OF SERVICE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
PLEASE READ THIS TERMS OF SERVICE CAREFULLY. BY USING THE PLATFORM, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THE TERMS OF THESE TERMS OF SERVICE, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
This Terms of Service of the website located at the URL https://www.rephrase.ai/, and other associated/ancillary applications, products, websites and services and all other variations and sub-domains of the same (collectively referred to as “Platform”) is between if you reside in India, Rephrase Technologies Private Limited or if you reside outside India, Rephrase Technology Corp. (referred as “Company” or “Rephrase.ai” or “we” or “us” or “our"), and the registered Users, defined to include any person who registers himself/herself/itself on the Platform and holds an Account on the Platform or a visitor on the Platform, as the case may be (referred as "you" or "your" or “User”). These Terms and Conditions describe the terms on which the Company offers Services.
You and the 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 or you may indicate your acceptance by executing a Work Order form executed by you. 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 these. 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.
Rephrase.ai is an AI-powered synthetic video creation platform. Our deep technology generative AI technology creates hyper-personalized professional-quality videos for businesses across the globe. We are on a mission to humanize communications - one personalized video (“Customer Videos”) at a time.
‘Rephrase Studio’ is a self-serve text-to-video generation studio that eliminates the complexity of video production, enabling you to create professional-looking videos at scale. This is widely used by companies to convert long-format text into palatable video content.
Subscription plans (“Subscription Plan”) will be made available on the Platform, enabling you to purchase the suitable Subscription Plan. Based on the Subscription Plan selected by you, Video Credits shall be allotted to you (“Video Credit” 1 Video Credit = 1 minute of video content created/generated), alongside additional features as included in the Subscription Plan for the specified time period.
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
- By using the Platform, you affirm that you 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 Users in the Platform is available only to persons who can form legally binding contracts. Persons who are "incompetent to contract" including un-discharged insolvents, or persons with unsound minds etc. are not eligible to use the Platform.
- You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur under your Account.
- You can create an Account by logging into your account with certain third-party social networking websites (“SNS”) including Google, Facebook etc. “Third- Party Account”, or by using your phone number. If you create an Account using your phone number, you must enter in the necessary details on the Platform, post which one-time verification shall be conducted by the Company. Post such verification the Account shall be created.
- If you chose to create an Account using a Third-Party Account, you may link your Account with Third Party Accounts, by either: (i) providing your Third-Party Account login information to Platform; or (ii) allowing Platform to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Platform and/or grant Platform access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach of any of the terms and conditions that govern your use of the Third-Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third-party service providers.
- By granting Company access to any Third-Party Account, you understand that the Company will access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account, so that it is available on and through the Platform. Unless otherwise specified in these Terms of Service, all SNS Content, if any, will be considered to be User’s data for all purposes of these Terms of Service. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personal information that you post to your Third-Party Account will be available on and through your Platform.
- Please note that if a Third- Party Account becomes unavailable, or User’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform. You have the ability to disable the connection between your Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Platform and Application. However, under such circumstances, the Services may be discontinued by the Company, at its sole discretion.
- Please note that your relationship with any third- party service providers associated with your third- party accounts is governed solely by your agreement(s) with such third- party service providers. Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Company is not responsible for any SNS Content.
- If you opt to use the Services as a Host, the terms and conditions available at Link shall also be applicable to you.
- 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 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
- 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 their internal purposes; and (ii) to access, modify, edit and download any content, to which you are permitted access solely for your use. You have no right to sublicense the license rights granted herein.
- 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 is owned by Company.
- 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.
6. FEES AND PRICING
The fees and pricing for the services availed from the Company shall be specified in the subscription plans (“Subscription”) available on the Platform or in the work order form executed by the Parties.
You will be billed in advance on a recurring and periodic basis (“Billing Cycle”) based on the subscription plan selected by you. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Company cancels it. You may cancel your Subscription renewal on the Platform. A valid payment method, like credit card, is required to process the payment for your subscription. You shall provide Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise the Company to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for a reason, Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
7. REFUND AND CANCELLATION
Users can cancel, upgrade or modify their Subscription Plan within the platform, in which case, additional charges (only in case of an upgrade) can be paid upfront. In case of a concern, users can also reach out via email at firstname.lastname@example.org and the team can internally evaluate grievances and process refunds/cancellations for the current and/or upcoming period of subscription only. The refunds shall be processed solely at the discretion of the Company.
8. RULES AND CODE OF CONDUCT
- 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.
- You shall comply with all applicable local, provincial laws, and regulations in connection with your availing of the Services.
- You shall keep Company informed of any technical issues or problems with the Platform, as and when the issues develop.
- By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including without limitation host, display, upload, modify, publish, transmit, store, update or sharing of information) that: (i) would constitute a violation of any applicable law, rule or regulation or belongs to another person; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent; or (iv) impersonates any person or entity (v) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact, (vi) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource or (vii) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; (viii) 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 (ix) is hateful, or racially, ethnically objectionable, disparaging, obscene, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (x) harms minors in any manner.
- 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.
- The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email about any information as mentioned above transmitted by the User on the Platform, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for as long as required under applicable laws for production to governmental authorities for investigation purposes.
- 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.
- You agree to immediately notify us of any unauthorised use, or suspected unauthorized use of your Account, or any other breach of security, in relation to your personal information on the Platform.
- One Account shall not be used by more than one User. Any use of an Account by a third-party would deem to be unauthorised usage. The Company reserves the right to disable any such Account from the Platform.
9.USE OF YOUR INFORMATION
- 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.
- 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.
- 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 and Conditions; (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.
- We may disclose or transfer User information to our affiliates or governmental authorities in such manner as permitted or if required by applicable law, and you hereby consent to such transfer.
- In accordance with the applicable laws, we may transfer your 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.
10. THIRD PARTY SITES
- We attempt to be as accurate as possible. However, we do not warrant those descriptions of our content or other content of this site is accurate, complete, reliable, current, or error-free. Also, your access to the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. We also provide links to other sites over which we have no control. We are not responsible for the availability of such external sites or resources and we do not endorse and are not responsible or liable for any content, advertising, products or other material on or available from such sites or resources.
- We cannot and will not assure that other Users are or will be complying with the foregoing rules or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
11. INTELLECTUAL PROPERTY
- 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), works of authorship, mask works, designations, designs, know-how, the Platform, the content of the Platform, ideas and information, google text chats which are subject matter of services (collectively referred to as “Intellectual Properties”).
- Notwithstanding anything contained in this Terms and Conditions, rights to the 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 (“Intellectual Property Rights”).
- All rights, title and interest in and to all Intellectual Property Rights and/or proprietary rights, title and interest in or related to:
- the Platform, API and the Services and all improvements, patentable or otherwise, modifications, derivative works and enhancements thereto (collectively, the “Modifications”);
- any software, applications, inventions or other technology developed in connection with the API, Platform and Services; shall belong to and remain exclusively with the Company.
- Nothing in this Agreement shall be construed as granting, expressly or by implication, to the user any ownership interest in the Platform, API and/or the Modifications.
- For the avoidance of doubt, all the Intellectual Property Rights belonging to a Party including prior to the execution of this Agreement shall remain vested in that Party.
- The ownership of Customer Videos shall vest with the user at all times.
- Company reserves all rights, title and interest to the digital avatar, Platform and the APIs.
- The User shall not be entitled to any ownership or any other right on the Intellectual Property of Company and shall undertake not to put Company’s Intellectual Property to any use for any purpose whatsoever in breach of this Agreement in any manner. The user shall not use it, disclose or allow the use of Company’s Intellectual Property by any third party nor shall the user have any claim or right whatsoever therein.
- Any breach of this provision shall be considered as a material breach of this Terms of Services and the Company shall be entitled to seek injunctive or other equitable relief, in addition to other remedies available to it under law.
The User agrees to keep all technical and non-technical information, which Company 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 other Party 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 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.
13. 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.
- The following are the rights and obligations with respect to the usage of the platform:
- user irrevocably agrees and acknowledges that the services and/or user videos shall be used solely for the legitimate business purposes.
- user shall be wholly responsible for any liability arising out of or in connection with any acts/misuse/unauthorized use of user videos by its employees, representatives, affiliates or other staff members and that Company will not be held liable;
- user has all the requisite consents/waiver/permission from the identified model to share their video footage with Company and/or on the Platform for the purpose of Services and the Customer has full authority (by virtue of an agreement) to assign and share the video footage of identified model with the Company and/or on the Platform to create the digital avatar and Customer Videos;
- user shall ensure that the use of Services and/or Customer Videos shall: -
- not be politically motivated or targeted to or in favour of any political party;
- not be used for any anti-social or terrorism activities;
- not be used for violent, derogatory, profane, or defamatory activities;
- not be used for promoting alcohol, illegal drugs, cigarettes, other intoxicating substances, weapons or other unsafe activities;
- not be used for creating any morally offensive videos involving nudity, pornographic or adult material, sexually explicit images or videos or descriptions involving sexual behaviour, or other content deemed offensive according to community standards and/or applicable law;
- not violate, misappropriate or infringe on the rights of any third party;
- not be used in violation of any applicable laws.
The user agrees and understands that the content of the Customer Videos is created by the Company based on explicit instructions, brief and data provided by the user (including without limitation with respect to the script) and the Company does not take any liability for the content of the Customer Videos and the consequences that may arise from the user’s use to the Customer Videos (except to the extent explicitly agreed herein).
The Company shall, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for such period as prescribed under applicable laws for production to governmental authorities for investigation purposes. In case of non-compliance with any applicable laws, rules or regulations, or the Terms and Conditions by a user, we shall have the right to immediately terminate your access or usage rights to the Platform and Services and to remove non-compliant information from the Platform, without prior intimation.
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 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.
14. SUSPENSION AND TERMINATION
- These Terms and Conditions are effective unless and until terminated by either you or Company. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Platform.
- 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.
- We may temporarily suspend access to the whole or any part of the Services for pre-scheduled maintenance. 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.
- 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.
- 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 and Conditions, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
- In the event of any termination of this Terms and Conditions by the Customer or the Company, the User shall promptly and forthwith make payments accrued or due to Company.
- Upon termination of this 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 this Terms and Conditions and such other provision as specifically identified in this Terms and Conditions, shall survive.
- The Company provides you with multiple automatic and/or customized alerts while providing Services.
- You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
16. CONTACT YOU
- 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.
- You agree to provide your fullest co-operation further to such communication by Company.
- THE SERVICE RENDERED ON COMPANY'S PLATFORM ARE PROVIDED "AS IS" AND “AS AVAILABLE”. COMPANY 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.
- 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.
- 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.
- 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.
- WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE VIDEO OR ANY OTHER MEDIA MATERIAL CREATED BY THE USER.
- WE DISCLAIM ANY AND ALL LIABILITY THAT ARISES FROM YOUR ACCESS OR USE OF OUR PLATFORM AND THE SERVICES THEREOF.
- THE COMPANY HAS NO OBLIGATIONS UNDER THIS CLAUSE TO THE EXTENT THAT A CLAIM IS BASED UPON ANY OF THE FOLLOWING: (A) THE SERVICES OR ANY PART THEREOF HAS BEEN MODIFIED, ALTERED OR CHANGED BY YOU, IN AN UNAUTHORIZED MANNER IF SUCH INFRINGEMENT WOULD HAVE BEEN AVOIDED IN THE ABSENCE OF SUCH MODIFICATION, ALTERATION OR CHANGE; (B) THE COMBINATION, OPERATION OR USE OF THE SERVICES WITH HARDWARE OR SOFTWARE WHICH WAS NOT PROVIDED OR RECOMMENDED OR AUTHORIZED BY THE COMPANY, IF SUCH INFRINGEMENT WOULD HAVE BEEN AVOIDED IN THE ABSENCE OF SUCH COMBINATION, OPERATION OR USE, (C) YOUR FAILURE TO INSTALL OR HAVE INSTALLED AN UPDATE OR UPGRADE CONTAINING DESIGNS TO AVOID THIRD PARTY INFRINGEMENT CLAIMS; OR (E) ANY USE OF ANY PART OF THE SERVICES NOT IN ACCORDANCE WITH THIS AGREEMENT.
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 and Conditions; 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.
19. 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 DIRECT DAMAGES THAT EXCEED Rs. 10,000/- (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.
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.
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.
20. 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:
I. your failure to cooperate;
II. your unavailability and/or unresponsiveness;
III. your failure to provide accurate and complete information;
IV. your failure to provide or facilitate the submission of information in timely manner;
V. 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.
22. 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.
23. FORCE MAJEURE
If the performance of the Party’s obligations hereunder is prevented, restricted or interfered with by reason of fire, or by epidemic or pandemic, or other casualty or accident; strike or labour 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 this 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 defer the performance of Services till such period and in such manner as mutually agreed between the Parties.
24. 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 and Conditions 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.
26. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
- If the User is in India:
These Terms and Conditions are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this website, shall be subject to the jurisdiction of the courts at Bangalore, India.
- If the User is in the USA:
These Terms and Conditions are governed by the laws of the state of Delaware, USA. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this website, shall be subject to the jurisdiction of the courts at the state of Delaware, USA.
PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF:
YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
27. ENTIRE AGREEMENT
The Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Services and usage of Platform.
28. GRIEVANCE REDRESSAL OFFICER
In furtherance of applicable laws including but not limited to the Information Technology Act, 2000 (“IT Act”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Guidelines”) a grievance officer is appointed to ensure compliance with the IT Act and the Intermediary guidelines.
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:
Name: Shivam Mangla
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 support system. In case you require any assistance or support, you may access by emailing at email@example.com. The Company provides Support on Monday – Friday between the hours of 10 a.m. – 6:30 p.m. IST (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.
In furtherance of the applicable laws including but not limited to 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: Shivam Mangla
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.