Terms of Service

1.1

The Terms specifically govern your access and use of the Service(s) offered on the Platform. 

1.2

By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. In the event we are made aware that you are under the age of 18 years and have been using/browsing the Platform without the supervision of your parent or legal guardian, then in such case, we reserve the right to deactivate such account without further notice. Further, if you are using the Platform on behalf of a company or organisation, you represent that you have authority to act on behalf of such entity, and that such entity accepts these Terms.

2.1

Please note that we reserve the right, in our sole discretion, to update or change any portion of theTerms at any time that govern your use of the Platform. Every time you wish to use our Platform,please check these Terms to ensure you understand the terms and conditions that apply at thattime. Further, please note that we reserve the right to either change the format and/or the contentof the Platform or suspend the operation(s) of the Platform for support or maintenance work, at anytime.

2.2

Any changes to the Terms will be effective immediately upon posting of such updated terms at thislocation. We may require you to provide your consent to the updated Terms in a specified mannerprior to any further use of the Platform. Further, your continued access to or use of the Platformafter we post such updated Terms, constitutes your acceptance of the changes and consent to bebound by these Terms, as amended. If you do not agree to the amended Terms, you must stopaccessing and using the Platform.

2.3

We reserve the right to deny access, at any time, including the termination of your subscription anddeletion of your Account (defined hereinafter), if we believe you have violated any provision ofthese Terms or any other Platform Policies.

3.1

You agree that the sole purpose of registering on or using the Platform, is to avail the Service(s)and that you shall not use the Platform in any manner whatsoever for any other purpose other thanas mentioned in these Terms or for purposes which are not permitted under the applicable law.

3.2

Registration is a one-time process for which you need to fill up basic information including your fullname, a valid email address, and any other information as required to create your user account(“Account”). Post successful creation of Account, you shall be provided a free access of the limitedService(s)   on   the   Platform,   subject   to   the   Terms   thereof.   We   have   the   right   to   reject   yourapplication for opening an account or may deactivate an existing account, for any reason, at thesole discretion of the Company.

3.3

User shall be responsible for: (a) ensuring it’s employees, agents and subcontractors, accessingthe   Account,   comply   with   these   Terms;   and   (b)   any   breach   of   these   Terms   by   the   User’semployees,   agents   or   subcontractors.   User   acknowledges   and   agrees   that   the   User   shall   beresponsible for the performance of all of its obligations under the Agreement, regardless of whetherit sublicenses or subcontracts or assigns any such obligations to any third party, including but notlimited to any affiliates or subsidiaries of the User.

3.4

You   are   solely   authorized   to   operate   the   Account   created   by   you.   Consequently,   it   is   your responsibility to maintain the confidentiality of the login credentials of your Account on the Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorizedaccess to your Account. You shall remain solely liable for all the actions undertaken through your
Account.

3.5

You will: (a) immediately inform us of any unauthorized use of the Account or any other securitybreach;  and  (b)  ensure  that  you  log  out  of  your  Account  at  the  end  of  each  session.  We,  ouremployees, agents, directors and officers will not be liable for any loss, direct or indirect damagearising from your failure to comply with these Terms. You may be held liable for any losses incurredto us or any other user due to unauthorized use of their account by you. We reserve the right torefuse  access  to  the  Platform,   terminate  accounts,   remove  or  edit   content   at   any  time  withoutnotice to you.

3.6

Your usage of the Service(s) is monitored by us through our computer resources or systems. Theusage   can   be   accessed   by   a   User   by   logging   into   their   Account   and   viewing   the   dashboardprovided by the Company. The calculation bases may be subject to changes.

3.7

If you are signing up on the Platform on behalf of your company or organization or employer, thensuch company/organization/employer shall be deemed be the User. You represent and warrant thatyou have the authority to bind such company/organization/employer to these Terms.

4.1

The User shall receive free credits initially. For any usage beyond the free credits, a subscriptionplan must be opted on the Platform available at https://www.boltic.io/pricing. In order to fully availService(s)   provided   by   the   Platform,   you   shall   be   required   to   choose   and   subscribe   for   anappropriate   plan   as   per   your   needs   for   the Service(s)   on   a   monthly   /   yearly   basis   for   specificnumber   of   credits   and   any   other   services   (“Fees”).   Additional   usage allowed   over   the   User’smonthly credits is chargeable at the rates mentioned in such pricing structure, subject to regularrevisions, available   at  https://www.boltic.io/pricing  or   as   may   be   mutually   agreed   between   theparties in writing. We reserve the right to introduce any new Service(s) and/or plans, including anyfree, premium or paid services or modify or discontinue any existing Service(s) provided on the Platform.

4.2

Furthermore,   in  case  of   any  overage  usage  of   Service(s)  by  a  User  in  the  current   month,   theinvoice for the same shall be raised in the following month. The User is required to pay the amountraised in the invoice within 15 days from the date the invoice is raised. However, if the User fails topay the required amount within 15 days of receiving such invoice, in that event, Company reservesthe exclusive right to terminate the Service(s) as provided to the User. Such termination shall besubject to restoration of the Service(s) in the event of payment by the User.

4.3

You may pay the Fees by using the methods of payments as available, published and updated onthe Platform, from time to time. Fees will be regarded as paid only after your payment has beenconfirmed. The Service will be available to you promptly after you have paid the Fees.

4.4

Please note that the Company does not have any cancellation and/or refund policy with respect tothe Fees already paid by you to avail Service(s) of the Platform.

4.5

Payments will be exclusive of applicable taxes. You will pay all Fees and applicable taxes in atimely manner and in compliance with the Platform pricing schedule and/or any written documentas may be mutually agreed between the Parties and you will reimburse theCompany for interestand collection costs resulting from overdue payments, if any.

5.1

Domestic Transactions/Sales: In case of Service(s) being provided within the territories of India,then Goods and Service Tax (GST) at the applicable rate under the prevailing GST Act shall be levied.

5.2

Export Transactions/Sales: In case of Service(s) being availed in jurisdiction outside India, theService(s) shall be classified as “Zero-Rated” Service(s), as stipulated under section 16(1) of theIntegrated Goods and Service Tax Act 2017. This categorization implies that when a User availsthe Service(s) in jurisdiction outside India, the Company is not liable to pay any taxes for it.

6.

TERM 

6.1

Term: The Term of this Agreement shall come into force and effect from the date you complete your registration process and create an Account on the Platform and shall continue unless otherwise terminated by either or both Parties in accordance with Clause 7 (Breach and Termination). 

6.2

You may cancel your Service(s), and/or terminate this Agreement at any time, by contacting us atsupport@boltic.io      and then following the specific instructions indicated to you by us.

7.

BREACH AND TERMINATION

7.2

You understand and acknowledge that, in case you opt in for any plug-in(s) or extension(s) services of any third party on the Platform; then you shall be additionally governed by the terms of such third party, for the service(s) you have opted for. You further acknowledge that in case the agreement or understanding between Company and such third party is terminated due to any reason, then your services with such third party shall also be terminated immediately.

7.3

In case your access or use of the Service(s) is terminated for any of the reasons mentioned hereinabove, Company and its personnel shall not be liable for any damages, losses, direct, indirect, immediate or remote, interests or claims that may occur to you or to any third party. 

7.5

No actions, omissions or decisions taken by the Company shall waive any rights or claims that theCompany may have against you. Once your Account has been suspended or blocked, you may not register  or  attempt   to  register  on  the  Platform  or  use  the  Platform  in  any  manner  whatsoever.Notwithstanding the above, if you breach the Terms or the Platform Policies or other guidelines incorporated therein by reference or any other agreements/additional terms entered into by theCompany and you in addition to these Terms, the Company reserves the right to take strict legalaction including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.

7.6

Without   prejudice   to   any   other   rights   of   the   Company,   a   suspended   Account   shall   continue   toremain suspended until you make the complete outstanding payment including interest, claims,compensation, damages, etc. if any, or rectify the non-compliance / breach / default, during theTerm.

7.7

You will be responsible for any breach of these Terms by your affiliates, agents or subcontractorsand will be liable as if it were your own breach

7.8

All your obligations and liabilities incurred prior to the termination date shall survive the terminationof this Agreement for all purposes

8

COMMUNICATION AND UNSUBSCRIPTION

8.1

By accepting these Terms, you also accept to receive news, updates, offers/ campaign relatedSMS and emails to the mobile phone number and primary email address provided by you. By accessing and using the   Platform and/ or verifying your contact number / primary email address with us; by accepting these Terms; by accepting or receiving and not unsubscribing expressly on the   consent   availed   by   us   from   you   via   SMS,   email-s,   voice   calls,   IVR   (Interactive   VoiceResponse) or any other modes and methods of communication, you explicitly consent to receive such  communications (through  call,  SMS,  email  or  other  digital  and  electronic  means)  from  us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial CommunicationsCustomer Preference Regulations, 2018

8.2

The  effectiveness, clarity, and  timeliness of communications  are  influenced  by  multiple  factors.Company assumes no   responsibility for non-delivery, delayed delivery, or any distortion of communication in any manner whatsoever.

8.3

You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications or writing to us on support@boltic.io. 

9.

USER OBLIGATIONS

9.2

You bear the sole responsibility for the retention and management of backups and duplicates of the User Content (defined hereinafter). This data can be stored with the designated third-party hosting that you are affiliated with.

9.3

For availing the Service(s), you may be required to use certain devices, software, and data connections, which we otherwise do not supply. You are responsible for all carrier data plan and other fees and taxes associated with your use of the Platform.

9.4

You are prohibited from misrepresenting your identity and agree not to represent yourself as another user or login / register using the dentity of any other person. You are responsible to maintain and promptly update the information provided while signing up or verifying or for any other purpose on the Platform to ensure that the information provided by you is true, accurate, current, complete and not misleading, at all times. We shall not be responsible in any manner whatsoever, for the authenticity of the personal information or sensitive personal data or information supplied by you to us or to any other person acting on behalf of / representing your company or organisation or employer.

9.5

You may not use the Platform for any illegal or unauthorized purpose or in violation of any applicable laws. You ensure that you will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary with respect to availing the Services on the Platform) in your use of the Platform and your performance of obligations under this Terms.

9.6

You shall not abuse or misuse the Platform or engage in any activity which violates these Terms. Inany such case, Company may suspend your Account or permanently debar you from accessing thePlatform.

9.7

You confirm that these Terms hereunder will not conflict with, result in a breach of or constitute a default (or any event that, with notice or lapse of time, or both, would constitute a default) or result in the acceleration of any obligation under any of the terms, conditions or provisions of any other agreement or instrument to which you are a party or by which you are bound or to which any of
your property or assets are subject, conflict with or violate any of the provisions of its charter documents, or violate any statute or any order, rule or regulation of any authority that would materially and adversely affect the performance of your obligations hereunder. You have obtained all consent, approval, authorization of authority required for the execution, delivery and performance of your respective obligations hereunder. If the Company suffers any loss or damages or a claim is made by any person against the Company or on the Platform, as a result of a breach or default or contravention on your part of these Terms, you agree to forthwith upon delivery of
notice by the Company, make good such losses or damages or claim amounts suffered by the Company.

9.8

You confirm that there is no action, suit or proceeding pending against you or to your knowledge, threatened in any court or by or before any other authority which would prohibit your entering into or performing obligations as per these Terms.

9.9

We authorize you to view and access the Platform solely for personal and/or business use and in accordance with the Terms provided under this Agreement and refrain from any actions that endanger the functionality or operation of the Platform. In particular, the User is prohibited from carrying out any actions that scan or test weak points of the Platform, Service, software, bypass security systems or access systems of the software or integrate malware into the Platform.

9.10

When you use the Platform, you agree that you are involved in the transmission of sensitive and personal information including but not limited to Account Information (collectively "SPI") which falls within the ambit of the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011. However, you acknowledge that Company will
not be liable for any disclosure of your SPI as a result of an error in transmission or unauthorized actions of third parties.

9.11

You understand that the Company reserves the right to discontinue any old/outdated feature(s) and/or introduce/add any new feature(s) on the Platform in order to improve the provision of Service(s) on the Platform.

9.12

You agree not to work around, bypass, or circumvent any of the technical limitations of the Platform, including using any tool to enable features or functionalities that are otherwise disabled on the Platform and/or in the Service(s), or decompile, disassemble or otherwise reverse engineer the Platform.

9.13

You agree and acknowledge that you have all the rights over the User Content (defined hereinafter) that are uploaded on the Platform and that the Company in no case shall be responsible for any act of infringement of any third-party. You are solely responsible for any claims, damages, cost, expenses, suits, etc. brought by any third party pertaining to the usage of the resulting images with the watermarks removed

9.14

You represent and warrant that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury's Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority. It is essential that you strictly comply with all relevant trade laws, export control laws. Any use of our Services for purposes that contravene the stipulations of pertinent trade laws is expressly forbidden. Additionally, your User Content should refrain from including material or information that necessitates a government license for release or export.

9.15

You acknowledge and agree that any foreign exchange (Forex) transaction fee incurred by the Company, in relation to the payments made under this Agreement shall be borne solely by you. This includes but is not limited to any currency conversion charges, bank fees, or other financial charges associated with transferring funds across different currencies.

9.16

You shall ensure that in case of invoice raised by the Company, it must be paid in full without any deductions of any Forex transaction fees, and any levy of such fees shall not be considered as a valid reason for any delay or non-payment of any invoice by you. You agree to indemnify and hold harmless the Company from any losses, claims, or liabilities arising due to Forex transaction fees or related financial charges incurred by the Company in connection with this Agreement.

9.17

All payments made for the Services on the Platform can be made either in Indian Rupees (INR) or United States Dollars (USD). The Platform shall not facilitate transaction with respect to any other form of currency with respect to the purchases made on it.

10

DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS

10.1

We will try to ensure that all information and recommendations, whether in relation to the Service(s), offerings or otherwise (hereinafter “Information”) is correct at the time of inclusion on the Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.

10.2

You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such Information for your purpose prior to use or in connection with the making of any decision. No Information on the Platform shall constitute an invitation to invest in us or any affiliates. Any use of this Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this Platform, the Information, or any third-party website linked to this Platform. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.

10.3

As means to assist the Users in identifying the Service of their choice, we may provide visual representations on the Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, info graphics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Service, with the actual Service(s) ultimately delivered to Users. The appearance of the Service when delivered may vary for various reasons.

10.4

Nothing contained herein is to be construed as a recommendation to use any Service, process, equipment, or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

10.6

THE PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELVES AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT
TO THE WEBSITE(S), MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY, DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE PLATFORM, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS PLATFORM OR YOUR INABILITY TO USE THE PLATFORM, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.7

Disclaimer: To the extent permitted by applicable law, we, our officers, agents, employees, and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of Service(s), or deletion, interruption, error, delay, virus, communication, unauthorized access, theft, destruction, alteration or use of records on the Platform. We are not responsible for any of your tax obligations or liabilities related to the use of the Platform.

11.

AVAILABILITY AND ACCESSIBILITY OF PLATFORM

11.1

We control and operate this Platform from India and make no representation that the Platform and/or materials and the content available on the Platform are appropriate to be used or will be available for use in other locations outside India. If you use this Platform from outside India, you agree that you chose to do so with a clear understanding that the Platform makes no representation regarding suitability, availability or compliance of the Platform with applicable laws, rules or requirements in your country or operation. You represent and warrant that you are entirely responsible for compliance with all local laws, regulations and/or requirements that apply to your use of the Platform.

11.2

These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

11.3

We have several websites offering products, services, content, and various other functionalities to specific regions worldwide. The Service(s) offered in one region may differ from those in other regions due to availability, local or regional laws, shipment, and other considerations. We do not make any warranty or representation that a User in one region may obtain the Service(s) from our site in another region and we may cancel a User's order or redirect a User to the site for that User's region if a User attempts to order Service(s) offered on a site in another region.

11.4

Information that we publish on the World Wide Web may contain references or cross references to our products, programs and Service(s) that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs, or Service(s) in your country.

11.5

We have a strong notice and takedown mechanism in place in case it is brought to our knowledge that the Platform is being misused for any illegal or fraudulent activity by any User. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such an account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

11.6

You affirm that you own the copyrights of the media assets that you process through the Platform and have not breached any provisions of the Copyright Act, 1957. You shall be responsible for any negligence or fraudulent activity with respect to the media assets processed by you on the Platform.

11.7

We frequently monitor the Account activity in order to avoid fraudulent accounts and transactions. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent transaction, prior to initiation of legal actions, we reserve the right to immediately delete your Account.

12.

THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES

12.1

In your use of the Platform, you may enter into correspondence with, any third-party service providers or purchase any goods and/or services from or participate in promotions of advertisers or members or sponsors of Platform or access any other third-party website linked to the Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third-party service providers. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.

12.2

You agree and understand that the Platform is mere a facilitator in providing you to collaborate, transfer, centralize and/or automate your workflow across different platform(s). We are not responsible to collect, store, gather, process etc any data that you provide on the Platform. You understand that the Platform provides a software solution for any User to export data/information etc to certain third party platform(s), that are made available on the Platform.

13.

COPYRIGHTS IN CONTENT

13.1

The Platform may contain material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights (“Content”). All copyright and other intellectual property rights in the Content are either owned by us or have been licensed to us by the owner(s) of those rights so that we can use the Content as part of Service. All Information, including text, graphics and sound and all trademarks displayed on the Platform are either owned by or licensed to us.

13.2

You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organization to material available on the Platform.

13.3

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

13.4

You must not use any part of the Content on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.

13.5

You may use and display the Content on your personal computer for your internal business use subject to the grant of a limited, revocable, personal, non-exclusive and non-transferable license to you by us.

13.6

You may not: (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or otherwise use any Content contained on the Platform, except as set out in these Terms. These restrictions apply in relation to all or part of the Content available on the Platform You will not (a) copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system; (b) reproduce any part of the Content or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (c) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the Content or Platform; or (d) link any other material to the Content displayed on the Platform, without our express written consent.

13.7

The license granted to you does not include a license for: (a) resale of Service or use of the Platform or Content other than as specified or provided under this Terms, (b) use of Service in any derogatory or in violation of any laws, (c) any use of Platform, the Service(s) and/or of Content other than as contemplated in these Terms, and (d) any downloading or copying of login credentials of User, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of our Content

13.8

If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at  support@boltic.io .

14

INTELLECTUAL PROPERTY RIGHTS

14.1

Each Party shall, solely and exclusively own worldwide, in perpetuity, including renewal and extension periods, their respective Intellectual Property and nothing in these Terms shall be construed as conferring ownership of the Intellectual Property rights to other Party in any manner whatsoever.

14.2

Notwithstanding anything contained in these Terms, the Intellectual Property rights in any software, including routines, data structures, protocols, programs, templates, interfaces, application programming interfaces, software development kits, developer tools, technical documentation, updates, and other related materials, whether tangible or intangible for, that has been made available to you by the Company including  the Platform, Account or any other products/services or deliverables created, suggested and/or developed by you for and on behalf of the Company (“Company’s Proprietary Rights”) either before or after your acceptance of these Terms, shall exclusively vest with Company, in perpetuity.

14.3

You recognize that the Company is the owner of the Platform and the logo, trademark, if any, including but not limited to its variants and you shall not directly or indirectly, attack or assist another in attacking the validity of, or Company’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of Company’s Proprietary Rights, you shall report the same at support@boltic.io with all relevant information.

14.4

Company hereby grants to you, for the Term, a non-exclusive, non-assignable, non-sub-licensable and revocable license to use Company’s Proprietary Rights or any other rights only to the extent as may be specifically allowed by Company in writing and as per these Terms.

14.5

Except as specified hereinabove, nothing contained in these Terms shall be construed to grant any rights and title to the User in Company’s Proprietary Rights.

14.6

In addition to any other remedies available to Company under these Terms or otherwise, any unauthorized use, alteration, modification, reproduction, publication, disclosure or transfer of Company’s Proprietary Rights will entitle Company to any available equitable remedy against the User.

14.7

Upon termination by either or both Parties, all rights relating to Company’s Proprietary Rights, along with modifications thereto, shall continue to vest with Company.

14.8

You shall not reverse assemble or reverse compile or reverse engineer in any manner whatsoever or directly or indirectly allow or cause a third-party to reverse assemble or reverse compile or reverse engineer in any manner whatsoever the whole or any part of Company’s Proprietary Rights.

15.1

You shall grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material, data, document(s) etc. , posted/imported by you on the Platform ("User Content”) for the purpose of providing Service(s) under the Terms without additional approval. We do not claim ownership of the User Content i.e. materials, information, data, images etc. that you provide to us. We may use our rights under this license to perform our obligations and exercise our rights under the Terms. You represent, warrant, and agree that you have all necessary rights in the User Content to grant this license.

15.2

Submissions and unauthorised use of any materials contained on the Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. 

15.3

We do not pre-screen User Content and it is in our sole discretion to refuse or remove any User Content from any part of the Service(s), including if we determine in our sole discretion that the products or services that are offered violates these Terms and/or applicable laws.

15.4

We reserve the right to terminate access to this Platform at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. Any provision of the Terms which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms shall survive the termination or expiration of the Terms.

16.1

During the Term, a Party (“Receiving Party”) may receive or have access to certain Confidential Information (defined hereinafter) belonging and/or relating to the other Party and its affiliates (“Disclosing Party”).

16.2

Confidential information shall mean to include but not be limited to prospective products and / or services, know-how, algorithms, schematics, formulae, strategic data (technical, financial, commercial or otherwise), process information, methods of operation, flowcharts, or diagrams; prospective new ventures; policies and procedures regarding the design, development, marketing, pricing and distribution of existing and prospective products and / or services; research methods and results; creative and programming tools, methodologies, techniques; the identities of customers, employees, business partners, distributors and / or suppliers (actual or prospective), business plans, financial accounts, and sales records; business practices, operation or security procedures, internal policies; employment and contractor relationships; or consulting services (“Confidential Information”)

16.3

The Receiving Party shall keep Confidential Information of the Disclosing Party in confidence. The Receiving Party shall use commercial reasonable and necessary safety measures and steps to maintain the confidentiality and secrecy of Disclosing Party’s Confidential Information from public disclosure, and the Receiving Party shall, at all times, maintain appropriate measures to protect the security and integrity of the Disclosing Party’s Confidential Information. The Receiving Party shall not, without the Disclosing Party’s prior written consent, divulge any of its Confidential Information to any third-party other than the Receiving Party’s officers, employees, agents, affiliates or representatives who have a need to know for the purposes of these Terms, ensuring that they comply with same level of obligation in maintaining the Confidentiality as per these Terms.

16.6

The Parties acknowledge and understand that any disclosure or misappropriation of any of the Confidential Information in violation of these Terms, may cause irreparable harm to the non-disclosing Party, the amount of which may be difficult to ascertain. Without prejudice to any other rights available to the disclosing Party under these Terms or otherwise, Disclosing Party shall have the right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any such further disclosure or breach and for such other relief as such non-disclosing Party shall deem appropriate. To clarify, such right shall be in addition to the remedies otherwise available to a Party, at law or in equity.

16.7

These Terms shall not restrict the Receiving Party from complying with any legal requirement to disclose Confidential Information, provided that the Receiving Party shall to the extent that it is not prohibited from doing so by applicable law, promptly notify the Disclosing Party of such legal requirement so that the Disclosing Party may seek to quash such order and to obtain a protective order requiring that the relevant Confidential Information be held in confidence by such court or agency or, if disclosed, be used only for the purposes for which the order was issued. The Receiving Party shall cooperate fully with the Disclosing Party in any such proceeding.

16.8

The confidentiality obligations enlisted hereinabove for the Company shall survive for the Term of this Agreement.

17.1

You represent and warrant that: (a) your use of Platform and/or Service(s) will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with personal information and/or Service(s) is true, accurate and lawful; (c) use of the User Content and material you supply does not breach any applicable Agreement or these Terms and will not cause injury to any person or entity (including that the User Content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel and/or restrict you from using the Service(s) and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

17.2

You will use Platform for lawful purposes only and will not undertake any activity that is harmful to Platform or its Content or otherwise not envisaged through the Platform. You have a limited license to access and use Platform, solely for the purpose of availing the Service(s), subject to these Terms.

18.3

Limitation of Liability: In no event, Company’s aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond Rs. 5,000/- (Indian Rupees Five Thousand only) made pursuant to an order under which such liability has arisen and been established. Notwithstanding anything contained hereinabove, the Company disclaims itself from all liabilities having incurred due to contraventions of any applicable laws or rules including laws of any foreign jurisdictions by the Users.

Both Parties agree to conduct all their dealings in an ethical manner and with the highest business standards. Both Parties agree to adopt appropriate processes to prevent offering any illegal gratification in the form of bribes or gifts either in cash or in kind, in the course of all dealings with each other or any other third parties for the purpose of this Agreement and to comply with any anti-bribery and anti-corruption laws. Any instances of such violations will be viewed in a serious manner and Company reserves the right to take all appropriate actions or remedies as may be required under the circumstances including terminating this Agreement with immediate effect. You will provide all possible assistance to the Company in order to investigate any possible instances of unethical behavior or business conduct violations of employees or
hired persons or agents of yours.

In accordance with the applicable law, any concern, feedback which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Service(s) being availed hereunder, may be directed by you to such customer support personnel at the below mentioned coordinates:

Shopsense Retail Technologies Limited
1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B, 
Ajit Nagar, Kondivita, Andheri East, Mumbai 400093
Email: support@boltic.io

In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Service(s) being availed hereunder, may be directed by you to such grievance officer at the below mentioned coordinate:

Name: Ms Sana Kazi
‍Designation: Grievance Officer
‍Email Address: grievance@gofynd.com

Name: Mr Abhimanyu Mallik
‍Designation: Nodal Officer
‍Email Address: compliance@gofynd.com

25.

APPLICABLE LAW AND JURISDICTION

These Terms are governed by and to be interpreted in accordance with the applicable laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. Subject to the dispute resolution process set out in clause below, Parties agree to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.

Parties shall endeavour to amicably, through discussions, settle and resolve any dispute or difference arising out of or in relation to this Terms (“Dispute”) within 15 (fifteen) days from the commencement of such Dispute. In case of such failure, the Dispute shall upon the expiry of the aforesaid period, be referred to e-arbitration to be conducted by a sole arbitrator, who shall be jointly appointed by the Parties from the panel of available e-arbitrators. All arbitration proceedings may be conducted through mode available on the internet or any other information and communication technology (including but not limited to video call system, telephone or mobile, fax, e-mail facilities) which can be beneficially used to solve disputes. All Arbitration proceedings shall be held in accordance to the provisions of Arbitration and conciliation Act, 1996. The Language of Arbitration shall be English. The arbitral award shall be final and binding on the Parties. The award may include costs, including reasonable advocates’ fees and disbursement.

We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.

No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will be interpreted so as to give effect, to the
greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.