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Terms of Service

IMPORTANT: ekala AI Private Limited, a company incorporated under the Companies Act, 2013, with its registered office at 930F, 1st D Main, 2nd Phase Girinagar, Bangalore 560085 (hereinafter referred to as "Company"), is the sole owner of the services and associated domain names and trademarks.

These Terms of Service ("Terms") constitutes a binding contract between the Company and you ("User"). The User's use or access to the Services shall be governed by these Terms. If the User does not agree to these Terms in full or in part, the User must not use or access the Services.

1. Services

1.1 Scope of Services

The Company is offering various services to every registered User (collectively "Services").

1.2 Service Modifications

The Company may at its sole discretion discontinue, modify, change, or remove any of the Services offered without any notification to the Users.

1.3 Error Corrections

If you become aware of any errors on the Services, you shall contact the Company with the details of the errors. The Company shall make all reasonable efforts to carry out corrections but shall not have any further liability to the User.

2. Applicability of the Terms

2.1 User Consent

By using the Services, you hereby give unconditional consent to:

  • These Terms
  • The Privacy Policy incorporated herein by reference
  • Any other notice, disclaimer, or policy applicable to the Services

2.2 User Representations

You represent and warrant that you are fully able and competent to lawfully enter into and form contracts, and agree to the terms, conditions, obligations, and warranties set forth in these Terms.

3. Registration

3.1 Account Registration

To use the Services, you may be required to register and log in. You shall register by providing the Company with the requisite personal information, including your name, email address, and any other information specified by the Company from time to time.

3.2 Accuracy of Information

You represent and warrant that any information you provide is correct and complete in all material respects. You shall be solely responsible for keeping such information updated.

3.3 Account Security

Upon successful registration, the Company shall issue you a unique account identifier. You shall be solely responsible for maintaining the confidentiality and security of your account. You are solely responsible for the activity that occurs on your account. You must notify the Company immediately of any breach of security or unauthorized use.

3.4 User Liability

You shall be liable in relation to any losses of the Company or others due to unauthorized use of your account.

4. Consideration and Payment Terms

4.1 Charges

The Company shall charge such subscription amounts as it determines in its sole discretion from time to time. In consideration of being rendered the Services, you shall pay the Company such charges.

4.2 Payment Methods

All payments shall be made by credit card, debit card, or such other method as the Company may specify from time to time.

4.3 Non-Refundable Charges

All charges shall be paid in advance of availing the Services and shall be non-refundable. The Company shall not refund any amount regardless of the reason for termination of these Terms.

4.4 Taxes

All taxes shall be charged extra at actuals and you shall pay the same.

4.5 Non-Payment Consequences

Non-payment of charges shall result in suspension or termination of these Terms and your ability to use the Services.

5. Use of the Services

5.1 Lawful Use

You represent and warrant that you shall make use of the Services as a prudent, reasonable and law-abiding user. You shall be responsible for the usage of the Services and shall ensure compliance with all applicable laws.

5.2 Prohibited Activities

You agree not to:

  • Use any data mining, robots or similar data gathering and extraction methods in connection with the Services
  • Use the Services to do anything that is contrary to law, decency or morality
  • Use the Services to make unsolicited offers, advertisements, or send spam
  • Take any action that would cause the Company to suffer losses
  • Reverse engineer, disassemble, or modify any source or object code or software accessible through the Services
  • Collect or harvest personally identifiable information from the Services for any commercial purpose
  • Copy, reproduce, or transmit content on the Services without authorization
  • Hack, circumvent, disable, or interfere with security features of the Services
  • Transmit or distribute viruses, trojan, worms, or any malicious material

5.3 Third-Party Links

The Services may contain links to other applications and websites which are not moderated or operated by the Company. The Company has no control over such links and accepts no responsibility for them. Your use will be subject to the terms of use of such third-party applications.

5.4 Compliance with Law

In your use of the Services, you shall comply with all domestic and international laws, ordinances, rules, regulations, and requirements of any governmental authority with jurisdiction over you.

6. Termination and Suspension

6.1 Right to Terminate

The Company may terminate the Services at any time with or without notice, and for any or no reason, with absolutely no liability to you.

6.2 Termination for Breach

The Company reserves the right to terminate these Terms without notice if you have violated these Terms or any other guidelines published in respect of the Services.

6.3 Suspension for Inaccurate Information

The Company may suspend or terminate your access if it is discovered that information you provided at registration is materially inaccurate or false, or if you fail to keep such information updated.

7. Warranty Disclaimer

USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER'S SOLE RISK. THE SERVICES AND ANY DATA, INFORMATION, SOFTWARE, OR SERVICES MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE," "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SERVICES WILL CONSTITUTE OR CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED HEREIN.

8. Intellectual Property

8.1 Company Ownership

The Company and its licensors shall be the sole and absolute owners of the Services, including but not limited to the content, layout, designs, trademarks, logos, and other insignia of trade, all of which are subject to protection under patent, copyright, trademark and trade secret laws.

8.2 Limited License

You may use the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or reproduce the content in any format nor may you use any content in connection with any business or commercial enterprise.

8.3 Consequences of Infringement

Any unauthorized copying or use shall entail immediate termination of these Terms without prejudice to the other rights and remedies of the Company.

9. Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, EMPLOYEES, OR CONTRACTORS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS OPPORTUNITIES, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO USE OF THE SERVICES.

THE MAXIMUM LIABILITY OF THE COMPANY SHALL BE LIMITED TO INR 1000/- (INDIAN RUPEES ONE THOUSAND ONLY).

YOU ACKNOWLEDGE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY.

10. Indemnity

You hereby agree to defend, indemnify and hold harmless the Company, its affiliates, officers, employees, from and against any and all third-party claims, damages, obligations, losses, liabilities, costs or expenses (including attorney's fees) arising from: (i) your use of the Services; (ii) your violation of any provision of these Terms; (iii) your violation of any third-party right; or (iv) your violation of any representations and warranties.

11. Governing Law and Arbitration

11.1 Governing Law

These Terms are governed by and shall be construed in accordance with the laws of India without respect to its conflict of laws provisions.

11.2 Dispute Resolution

Disputes shall be attempted to be resolved amicably for thirty (30) days. Unresolved disputes shall be referred to an independent, sole arbitrator appointed by the Company in accordance with the Arbitration and Conciliation Act, 1996.

11.3 Jurisdiction

You hereby consent to the exclusive jurisdiction of the Courts in Bangalore.

12. Amendments

These Terms may be amended at any time by the Company. All amendments shall be binding on you effective 24 hours after the amended Terms are made available. It shall be your sole responsibility to check this page regularly for any changes. If you do not agree with any amendment, you shall stop using the Services.

13. Miscellaneous

13.1 Headings

All headings used in these Terms are for convenience only and shall not affect the construction hereof.

13.2 Severability

If any provision of these Terms is prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition, and such prohibition shall not invalidate the balance of such provision nor the remaining provisions hereof.

13.3 Force Majeure

If the performance of obligations hereunder is prevented or delayed by reasons of natural calamities, war, civil disturbance, or other reasons beyond reasonable control (each a "Force Majeure Event"), then to the extent either party is prevented from performing their obligations, such party shall be excused from performance for so long as the Force Majeure Event continues.

13.4 Assignment

The right to use the Services is personal to you and is not transferable by assignment, sublicense, or any other method to any other person or entity.

14. Contact Us

If you have any questions about these Terms or our Services, please contact us at:

Email: contact@ekalaai.com