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                                                                                     TERMS AND CONDITIONS
                                                         
AGREEMENT TO OUR LEGAL TERMS

 


We are Probtosoft Technologies ("Company," "we," "us," "our"), a company registered in India
at Pashan, Pune, Maharashtra 411008.


We operate the website https://www.probtosoft.com/ (the "Site"), the mobile application Maha
Scholar (the "App")
, as well as any other related products and services that refer or link to
these legal terms (the "Legal Terms") (collectively, the "Services").


You can contact us by email at info@probtosoft.com or by mail to Pashan, Pune, Maharashtra
411008, India.


These Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ("you"), and Probtosoft Technologies, concerning your
access to and use of the Services. You agree that by accessing the Services, you have read,
understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE
WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.


We will provide you with prior notice of any scheduled changes to the Services you are
using. The modified Legal Terms will become effective upon posting or notifying you by
info@probtosoft.com, as stated in the email message. By continuing to use the Services after
the effective date of any changes, you agree to be bound by the modified terms.


All users who are minors in the jurisdiction in which they reside (generally under the age of
18) must have the permission of, and be directly supervised by, their parent or guardian to
use the Services. If you are a minor, you must have your parent or guardian read and agree
to these Legal Terms prior to you using the Services.


We recommend that you print a copy of these Legal Terms for your records.

 


TABLE OF CONTENTS


 1. OUR SERVICES
 2. INTELLECTUAL PROPERTY RIGHTS
 3. USER REPRESENTATIONS

 4. USER REGISTRATION

 5. PURCHASES AND PAYMENT

 6. CANCELLATION

 7. PROHIBITED ACTIVITIES
 8. USER GENERATED CONTRIBUTIONS

 9. CONTRIBUTION LICENSE
10. GUIDELINES FOR REVIEWS
11. MOBILE APPLICATION LICENSE
12. SOCIAL MEDIA
13. ADVERTISERS
14. SERVICES MANAGEMENT
15. PRIVACY POLICY
16. COPYRIGHT INFRINGEMENTS
17. TERM AND TERMINATION
18. MODIFICATIONS AND INTERRUPTIONS
19. GOVERNING LAW
20. DISPUTE RESOLUTION
21. CORRECTIONS
22. DISCLAIMER
23. LIMITATIONS OF LIABILITY
24. INDEMNIFICATION
25. USER DATA
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
27. MISCELLANEOUS
28. CONTACT US

 

 


1. OUR SERVICES


The information provided when using the Services is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or would subject us to any registration requirement

within such jurisdiction or country. Accordingly, those persons who choose
to access the Services from other locations do so on their own initiative and are solely

responsible for compliance with local laws, if and to the extent local laws are applicable.


2. INTELLECTUAL PROPERTY RIGHTS


Our intellectual property


We are the owner or the licensee of all intellectual property rights in our Services, including
all source code, databases, functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the "Content"), as well as the
trademarks, service marks, and logos contained therein (the "Marks").


Our Content and Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties in the United States and
around the world.


The Content and Marks are provided in or through the Services "AS IS" for your personal,
non-commercial use only.


Your use of our Services


Subject to your compliance with these Legal Terms, including the "PROHIBITED
ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable
license to:


       ■ access the Services; and
       ■ download or print a copy of any portion of the Content to which you have properly gained access.


solely for your personal, non-commercial use.


Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and
no Content or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express prior
written permission.


If you wish to make any use of the Services, Content, or Marks other than as set out in this
section or elsewhere in our Legal Terms, please address your request to:
info@probtosoft.com. If we ever grant you the permission to post, reproduce, or publicly
display any part of our Services or Content, you must identify us as the owners or licensors
of the Services, Content, or Marks and ensure that any copyright or proprietary notice
appears or is visible on posting, reproducing, or displaying our Content.


We reserve all rights not expressly granted to you in and to the Services, Content, and
Marks.


Any breach of these Intellectual Property Rights will constitute a material breach of our Legal
Terms and your right to use our Services will terminate immediately.


Your submissions and contributions


Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to
using our Services to understand the (a) rights you give us and (b) obligations you have
when you post or upload any content through the Services.


Submissions: By directly sending us any question, comment, suggestion, idea, feedback,
or other information about the Services ("Submissions"), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to you.


Contributions: The Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality during which you may create,
submit, post, display, transmit, publish, distribute, or broadcast content and materials to
us or through the Services, including but not limited to text, writings, video, audio,
photographs, music, graphics, comments, reviews, rating suggestions, personal
information, or other material ("Contributions"). Any Submission that is publicly posted
shall also be treated as a Contribution.


You understand that Contributions may be viewable by other users of the Services.


When you post Contributions, you grant us a license (including use of your name, trademarks,
and logos): By posting any Contributions, you grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast,
retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in
part), and exploit your Contributions (including, without limitation, your image, name, and
voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative
works of, or incorporate into other works, your Contributions, and to sublicense the
licenses granted in this section. Our use and distribution may occur in any media formats
and through any media channels.


This license includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and personal
and commercial images you provide.


You are responsible for what you post or upload: By sending us Submissions and/or posting
Contributions through any part of the Services or making Contributions accessible
through the Services by linking your account through the Services to any of your social
networking accounts, you:


■ confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and
will not post, send, publish, upload, or transmit through the Services any
Submission or post any Contribution that is illegal, harassing, hateful, harmful,
defamatory, obscene, bullying, abusive, discriminatory, threatening to any person
or group, sexually explicit, false, inaccurate, deceitful, or misleading;
■ to the extent permissible by applicable law, waive any and all moral rights to any
such Submission and/or Contribution;
■ warrant that any such Submission and/or Contributions are original to you or that
you have the necessary rights and licenses to submit such Submissions and/or
Contributions and that you have full authority to grant us the above-mentioned
rights in relation to your Submissions and/or Contributions; and
■ warrant and represent that your Submissions and/or Contributions do not
constitute confidential information.


You are solely responsible for your Submissions and/or Contributions and you expressly
agree to reimburse us for any and all losses that we may suffer because of your breach of
(a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.


We may remove or edit your Content: Although we have no obligation to monitor any
Contributions, we shall have the right to remove or edit any Contributions at any time without
notice if in our reasonable opinion, we consider such Contributions harmful or in breach of
these Legal Terms. If we remove or edit any such Contributions, we may also suspend or
disable your account and report you to the authorities.


Copyright infringement


We respect the intellectual property rights of others. If you believe that any material available
on or through the Services infringes upon any copyright you own or control, please
immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.


3. USER REPRESENTATIONS


By using the Services, you represent and warrant that:

(1) all registration information you submit will be true, accurate, current, and complete;

(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;

(3) you have the legal capacity and you agree to comply with these Legal Terms;

(4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;

(5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;

(6) you will not use the Services for any illegal or unauthorized purpose; and

(7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have
the right to suspend or terminate your account and refuse any and all current or future use of
the Services (or any portion thereof).


4. USER REGISTRATION


You may be required to register to use the Services. You agree to keep your password
confidential and will be responsible for all use of your account and password. We reserve the
right to remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise objectionable.


5. PURCHASES AND PAYMENT


We accept the following forms of payment:


- Visa
- Mastercard
- PayPal
- UPI


You agree to provide current, complete, and accurate purchase and account information for
all purchases made via the Services. You further agree to promptly update account and
payment information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact you as needed.
Sales tax will be added to the purchase price as we deem required. We may
change prices at any time. All payments shall be in Indian Rupees.


You agree to pay all charges at the prices then in effect for your purchases and any
applicable shipping fees, and you authorize us to charge your chosen payment provider for
any such amounts upon placing your order. We reserve the right to correct any errors or
mistakes in pricing, even if we have already requested or received payment.


We reserve the right to refuse any order placed through the Services. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same customer account, the
same payment method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers, or distributors.


6. CANCELLATION


All purchases are non-refundable. Subscriptions once paid for cannot be canceled. Your
cancellation will take effect at the end of the current paid term.


If you are unsatisfied with our Services, please email us at support@probtosoft.com.


7. PROHIBITED ACTIVITIES


You may not access or use the Services for any purpose other than that for which we make
the Services available. The Services may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:


■ Systematically retrieve data or other content from the Services to create or
compile, directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
■ Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
■ Circumvent, disable, or otherwise interfere with security-related features of the Services,
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Services and/or the Content contained therein.
■ Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
■ Use any information obtained from the Services in order to harass, abuse, or harm
another person.
■ Make improper use of our support services or submit false reports of abuse or
misconduct.
■ Use the Services in a manner inconsistent with any applicable laws or regulations.
■ Engage in unauthorized framing of or linking to the Services.
■ Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Services.
■ Engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction
tools.
■ Delete the copyright or other proprietary rights notice from any Content.
■ Attempt to impersonate another user or person or use the username of another user.
■ Upload or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as "spyware" or "passive collection
mechanisms" or "pcms").
■ Interfere with, disrupt, or create an undue burden on the Services or the networks or
services connected to the Services.
■ Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to you.
■ Attempt to bypass any measures of the Services designed to prevent or restrict access to
the Services, or any portion of the Services.
■ Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
■ Except as permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the Services.
■ Except as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or
launch any unauthorized script or other software.
■ Use a buying agent or purchasing agent to make purchases on the Services.
■ Make any unauthorized use of the Services, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretenses.
■ Use the Services as part of any effort to compete with us or otherwise use the Services
and/or the Content for any revenue-generating endeavor or commercial enterprise.
■ Use the Services to advertise or offer to sell goods and services.
■ Sell or otherwise transfer your profile.


8. USER GENERATED CONTRIBUTIONS
 

The Services may invite you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by other users of the Services
and through third-party websites. As such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make available any Contributions,
you thereby represent and warrant that:


■ The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not infringe
the proprietary rights, including but not limited to the copyright, patent, trademark,
trade secret, or moral rights of any third party.
■ You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Services, and other users
of the Services to use your Contributions in any manner contemplated by the
Services and these Legal Terms.
■ You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness of
each and every such identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Services and these Legal
Terms.
■ Your Contributions are not false, inaccurate, or misleading.
■ Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
■ Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us).
■ Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
■ Your Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or class of
people.
■ Your Contributions do not violate any applicable law, regulation, or rule.
■ Your Contributions do not violate the privacy or publicity rights of any third party.
■ Your Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
■ Your Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
■ Your Contributions do not otherwise violate, or link to material that violates, any
provision of these Legal Terms, or any applicable law or regulation.


Any use of the Services in violation of the foregoing violates these Legal Terms and may
result in, among other things, termination or suspension of your rights to use the Services.


9. CONTRIBUTION LICENSE


By posting your Contributions to any part of the Services or making Contributions accessible
to the Services by linking your account from the Services to any of your social networking
accounts, you automatically grant, and you represent and warrant that you have the right to
grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully paid, worldwide right, and license to host, use, copy, reproduce, disclose,
sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate into other works,
such Contributions, and grant and authorize sub-licenses of the foregoing. The use and
distribution may occur in any media formats and through any media channels.


This license will apply to any form, media, or technology now known or hereafter developed,
and includes our use of your name, company name, and franchise name, as applicable, and
any of the trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of
your Contributions and any intellectual property rights or other proprietary rights associated
with your Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Services. You are solely responsible for
your Contributions to the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your Contributions.


We have the right, in our sole and absolute discretion,

(1) to edit, redact, or otherwise change any Contributions;

(2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and

(3) to pre-screen or delete any Contributions at any time and for any reason, without notice.

(4) we have no obligation to monitor your Contributions.


10. GUIDELINES FOR REVIEWS


We may provide you with areas on the Services to leave reviews or ratings. When posting a
review, you must comply with the following criteria:

(1) you should have firsthand experience with the person/entity being reviewed;

(2) your reviews should not contain offensive profanity or abusive, racist, offensive, or hateful language;

(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age,
marital status, sexual orientation, or disability;

(4) your reviews should not contain references to illegal activity;

(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;

(7) you may not post any false or misleading statements; and

(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.


We may accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily
represent our opinions or the views of any of our affiliates or partners. We do not assume
liability for any review or for any claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free,
fully paid, assignable, and sublicensable right and license to reproduce, modify, translate,
transmit by any means, display, perform, and/or distribute all content relating to review.


11. MOBILE APPLICATION LICENSE


Use License


If you access the Services via the App, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the App on wireless electronic devices
owned or controlled by you, and to access and use the App on such devices strictly in
accordance with the terms and conditions of this mobile application license contained in
these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile,
reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2)
make any modification, adaptation, improvement, enhancement, translation, or derivative
work from the App; (3) violate any applicable laws, rules, or regulations in connection with
your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including
any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the
App for any revenue-generating endeavor, commercial enterprise, or other purpose for which
it is not designed or intended; (6) make the App available over a network or other
environment permitting access or use by multiple devices or users at the same time; (7) use
the App for creating a product, service, or software that is, directly or indirectly, competitive
with or in any way a substitute for the App; (8) use the App to send automated queries to any
website or to send any unsolicited commercial email; or (9) use any proprietary information
or any of our interfaces or our other intellectual property in the design, development,
manufacture, licensing, or distribution of any applications, accessories, or devices for use
with the App.


Apple and Android Devices


The following terms apply when you use the App obtained from either the Apple Store or
Google Play (each an "App Distributor") to access the Services: (1) the license granted to
you for our App is limited to a non-transferable license to use the application on a device that
utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with
the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are
responsible for providing any maintenance and support services with respect to the App as
specified in the terms and conditions of this mobile application license contained in these
Legal Terms or as otherwise required under applicable law, and you acknowledge that each
App Distributor has no obligation whatsoever to furnish any maintenance and support

services with respect to the App; (3) in the event of any failure of the App to conform to any
applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase price, if any, paid for the
App, and to the maximum extent permitted by applicable law, the App Distributor will have no
other warranty obligation whatsoever with respect to the App; (4) you represent and warrant
that (i) you are not located in a country that is subject to a US government embargo, or that
has been designated by the US government as a "terrorist supporting" country and (ii) you
are not listed on any US government list of prohibited or restricted parties; (5) you must
comply with applicable third-party terms of agreement when using the App, e.g., if you have
a VoIP application, then you must not be in violation of their wireless data service agreement
when using the App; and (6) you acknowledge and agree that the App Distributors are
third-party beneficiaries of the terms and conditions in this mobile application license
contained in these Legal Terms, and that each App Distributor will have the right (and will be
deemed to have accepted the right) to enforce the terms and conditions in this mobile
application license contained in these Legal Terms against you as a third-party beneficiary
thereof.


12. SOCIAL MEDIA


As part of the functionality of the Services, you may link your account with online accounts
you have with third-party service providers (each such account, a "Third-Party Account") by
either: (1) providing your Third-Party Account login information through the Services; or (2)
allowing us 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 and warrant
that you are entitled to disclose your Third-Party Account login information to us and/or grant
us access to your Third-Party Account, without breach by you of any of the terms and
conditions that govern your use of the applicable Third-Party Account, and without obligating
us to pay any fees or make us subject to any usage limitations imposed by the third-party
service provider of the Third-Party Account. By granting us access to any Third-Party
Accounts, you understand that (1) we may access, make available, and store (if applicable)
any content that you have provided to and stored in your Third-Party Account (the "Social
Network Content") so that it is available on and through the Services via your account,
including without limitation any friend lists and (2) we may submit to and receive from your
Third-Party Account additional information to the extent you are notified when you link your
account with the Third-Party Account. Depending on the Third-Party Accounts you choose

and subject to the privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party Accounts may be
available on and through your account on the Services. Please note that if a Third-Party
Account or associated service becomes unavailable or our access to such Third-Party
Account is terminated by the third-party service provider, then Social Network Content may
no longer be available on and through the Services. You will have the ability to disable the
connection between your account on the Services and your Third-Party Accounts at any
time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not
limited to, for accuracy, legality, or non-infringement, and we are not responsible for any
Social Network Content. You acknowledge and agree that we may access your email
address book associated with a Third-Party Account and your contacts list stored on your
mobile device or tablet computer solely for purposes of identifying and informing you of
those contacts who have also registered to use the Services. You can deactivate the
connection between the Services and your Third-Party Account by contacting us using the
contact information below or through your account settings (if applicable). We will attempt to
delete any information stored on our servers that was obtained through such Third-Party
Account, except the username and profile picture that become associated with your account.


13. ADVERTISERS


We allow advertisers to display their advertisements and other information in certain areas of
the Services, such as sidebar advertisements or banner advertisements. We simply provide
the space to place such advertisements, and we have no other relationship with advertisers.


14. SERVICES MANAGEMENT


We reserve the right, but not the obligation, to: (1) monitor the Services for violations of
these Legal Terms; (2) take appropriate legal action against anyone who,
in our sole
discretion, violates the law or these Legal Terms, including without limitation, reporting such
user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent technologically feasible)
any of your Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Services in a manner designed to protect our rights and property and
to facilitate the proper functioning of the Services.


15. PRIVACY POLICY


We care about data privacy and security. By using the Services, you agree to be bound by
our Privacy Policy posted on the Services, which is incorporated into these Legal Terms.
Please be advised the Services are hosted in India. If you access the Services from any
other region of the world with laws or other requirements governing personal data collection,
use, or disclosure that differ from applicable laws in India, then through your continued use of
the Services, you are transferring your data to India, and
you expressly consent to have your
data transferred to and processed in India.


16. COPYRIGHT INFRINGEMENTS


We respect the intellectual property rights of others. If you believe that any material available
on or through the Services infringes upon any copyright you o
wn or control, please
immediately notify us using the contact information provided below (a "Notification"). A copy
of your Notification will be sent to the person who posted or stored the material addressed in
the Notification. Please be advised that pursuant to applicable law you may be held liable for
damages if you make material misrepresentations in a Notification. Thus, if you are not sure
that material located on or linked to by the Services infringes your copyright, you should
consider first contacting an attorney.


17. TERM AND TERMINATION


These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO RE
ASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES
OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU
POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.


If we terminate or suspend your account for any reason, you are prohibited from registering
and creating a new account under your name, a fake or borrowed name, or the name of any
third party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.


18. MODIFICATIONS AND INTERRUPTIONS


We reserve the right to change, modify, or remove the contents of the Services at any time
or for any reason at our sole discretion without notice. However, we have no obligation to
update any information on our Services. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.


We cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or for any reason

without notice to you. You agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed
to obligate us to maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.


19. GOVERNING LAW


These Legal Terms shall be governed by and defined following the laws of India. Probtosoft
Technologies and yourself irrevocably consent that the courts of India shall have exclusive
jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.


20. DISPUTE RESOLUTION


Informal Negotiations


To expedite resolution and control the cost of any dispute, controversy, or claim related
to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either
you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.


Binding Arbitration


Any dispute arising out of or in connection with these Legal Terms, including any question
regarding its existence, validity, or termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European Arbitration Chamber
(Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a
result of referring to it, is considered as the part of this clause. The number of arbitrators
shall be 3. The seat, or legal place, or arbitration shall be Pune, India. The language of the
proceedings shall be English. The governing law of these Legal Terms shall be substantive
law of India.


Restrictions


The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative capacity on behalf of the general
public or any other persons.


Exceptions to Informal Negotiations and Arbitration


The Parties agree that the following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal
or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and
the Parties agree to submit to the personal jurisdiction of that court.


21. CORRECTIONS


There may be information on the Services that contains typographical errors, inaccuracies,
or omissions, including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to change or update
the information on the Services at any time, without prior notice.


22. DISCLAIMER


THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5)

ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS
OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.


23. LIMITATIONS OF LIABILITY


IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.


24. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates,
and all of our respective officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) your Contributions; (2) use of the
Services; (3) breach of these Legal Terms; (4) any breach of your representations and
warranties set forth in these Legal Terms; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (6) any overt harmful act toward any
other user of the Services with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.


25. USER DATA


We will maintain certain data that you transmit to the Services for the purpose of managing
the performance of the Services, as well as data relating to your use of the Services.
Although we perform regular routine backups of data, you are solely responsible for all data
that you transmit or that relates to any activity you have undertaken using the Services. You
agree that we shall have no liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any such loss or corruption of
such data.


26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES


Visiting the Services, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than electronic means.


27. MISCELLANEOUS


These Legal Terms and any policies or operating rules posted by us on the Services or in
respect to the Services constitute the entire agreement and understanding between you and
us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not
operate as a waiver of such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or part of a provision of
these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part
of the provision is deemed severable from these Legal Terms and does not affect the validity
and enforceability of any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these Legal
Terms or use of the Services. You agree that these Legal Terms will not be construed against
us by virtue of having drafted them. You hereby waive any and all defenses you may have
based on the electronic form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.


28. CONTACT US


In order to resolve a complaint regarding the Services or to receive further information
regarding the use of the Services, please contact us at:
Probtosoft Technologies
Pashan,
Pune, Maharashtra 411008,

India.


support@probtosoft.com
 

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