Terms and Conditions
Last Updated: Saturday, December 12, 2020
TABLE OF CONTENTS
2 THE SERVICES.
3 NUMBER OF MONITORED DEVICES; SUPER CHILD+ APP.
4 FEES AND OTHER CHARGES.
6 PERSONAL DATA.
8 ACCOUNT REGISTRATION.
10 INTELLECTUAL PROPERTY RIGHTS.
11 PROHIBITED ACTIVITIES.
12 YOUR CONTENT.
13 CONTRIBUTION STANDARDS.
14 MONITORING AND ENFORCEMENT.
15 THIRD-PARTY SERVICES.
16 APPLE AND ANDROID DEVICES.
17 EXTERNAL SERVICE PURCHASES.
18 APPLE-ENABLED SOFTWARE APPLICATIONS.
20 EFFECT OF TERMINATION.
22 WARRANTY DISCLAIMER.
24 LIMITATION OF LIABILITY.
25 GOVERNING LAW AND DISPUTE RESOLUTION.
Welcome to Inversa Technosoft Pvt Ltd, we are a company based in India. These Terms and Conditions regulate the use and access of Super Parent, Super Child and Super Child+ mobile website and mobile and desktop applications related, linked, or otherwise connected thereto (each an “App” and collectively the “Services”).
By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between Inversa Technosoft Pvt Ltd (hereinafter referred to as “Inversa”, “we”, “us”, or “our”) and you the subscriber of the Services (hereinafter referred to as (“you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).
Through the Services, we provide services for the monitoring and controlling the use of your or your family’s computer devices (“Monitored Devices”) with a parental control panel provided in the Super Parent App which allows you to configure the level and scope of the monitoring and filtering of the Monitored Devices using the Super Child App and Super Child+ App with your account (“Account”), providing you with safe navigation and browsing.
The purpose is to allow you to control the use of these Monitored Devices by children (“Users”) so that both you and Users can benefit from this technology, helping Users to manage behavioural difficulties in accessing and using the Internet on their own.
Service Updates. You acknowledge that Inversa may from time-to-time issue upgraded versions of the Services and may automatically electronically upgrade the version of the Services that you are using on your mobile devices. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms will apply to all such upgrades.
NUMBER OF MONITORED DEVICES; SUPER CHILD+ APP.
Number of Users. When you purchase a subscription for our Services, depending upon the subscription plan chosen by you, you will be able to monitor a set number of Monitored Devices as may be indicated through the Services. You may be charged extra if you want to add Monitored Devices or additional Users (Refer Section 4 for more details regarding price increase).
Super Child+ App. When you subscribe to our Services and install the Super Parent App and the Super Child App, you explicitly give us your permission to install the Super Child+ App on the Monitored Device on which you install the Super Child App. The Super Child+ App is an integral part for achieving the complete functionality of the Super Child App. Therefore, the Super Child+ App shall be automatically installed when you install the Super Child App on a User’s device. The Super Child+ App helps ensure that the Users do not uninstall the Super Child App on their device for security reasons and in order to circumvent restrictions placed by you through the Super Parent App. The Super Child+ App will automatically lock a Monitored Device upon detection of uninstallation of the Super Child App. However, you may uninstall the Super Child+ App at any time by giving consent to uninstall through the Super Parent App at any time by [ENTER UNINSTALLATION PROCESS OF SUPER CHILD+ APP].
FEES AND OTHER CHARGES.
Fees. The fees (“Fees”) for any plan are set forth in the Services. For payment plans of your Account, You agree to pay the Fees set forth in the plan selected by you. Payment is through the online payment system provided by us or as agreed upon by us. On periodic renewal, you will be charged at the then-current price, unless otherwise agreed in writing with us. Payments are non-cancellable and non-refundable. If any User or Monitored Devices are added during the subscription period in addition to the maximum contracted, they will result in an increase in the price of the Fees in accordance with the price levels of the subscriptions contracted at the beginning of that subscription period.
Price updates. The prices for the Services may change at any time during the subscription period by giving you [thirty (30) days] or more written notice. If you do not object to such a price change in writing requesting termination of Services, you will be deemed to have accepted the new prices. New prices applicable to the next renewal or subscription period may be communicated to you prior to subscription renewal. Any continued use of Services after the renewal date will be deemed to have accepted the new prices.
Billing. The invoice will be issued after the online acceptance of the Services and [7 days] before the renewal of the subscription period. You will be billed for additional users for a full period, regardless of the start date of your subscription. Renewals are invoiced as regularly as indicated on the order form. Unless otherwise stated in the order, invoices will be issued in the currency as indicated on the Services. You agree to provide us or our affiliates with complete and accurate billing and contact information.
Mobile Carrier Charges. You may use mobile data in connection with the Services and may incur additional charges from your wireless provider for these Services. You hereby through this reference agree that you are solely responsible for any such charges.
Taxes. Unless otherwise stated, prices do not include applicable taxes. If we are legally obliged to pay or collect taxes for which you are responsible under this paragraph, the relevant amount will be invoiced and paid by you.
To use our Services, you must:
- Be at least of age the age of majority and not disqualified from entering into contracts under any law;
- complete the registration process;
- agree to our Terms; and
- provide true, complete, and up to date legal and contact information
- You represent and warrant that you have the authority to accept these Terms on behalf of the Users.
- By using Services, you represent and warrant that you will use Services only for non-commercial purposes.
- By using Services, you represent and warrant that you meet all the requirements listed above and that you won’t use Services in a way that violates any laws or regulations. Inversa may refuse to provide access to the Services, close Accounts, and change eligibility requirements at any time.
- By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the Services. If you do not meet any of the conditions stated herein, you shall not access/use the Services and must cease to be a user.
To provide you with the Services as mentioned in these Terms it is required that we collect your basic information which may include your name, address, email address, and telephone number (“Personal Data”). You agree that your Personal Data is collected by us through your consent.
We also collect personal information of your children or Users (“User’s Personal Information”) with your consent. The User’s Personal Information collected by us includes your child’s (User’s) first, middle and last name, date of birth, age, gender, and profile photo.
The Term begins as soon as you access the Services and continues as long as you use the Service. By creating an Account and and subscribing to our Services means that you’ve officially “signed” these Terms.
- To access the Services, you need to register for a user Account on the Services. For continuous access to our Services, it is suggested that you provide us with accurate, complete and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective user Account.
- You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.
- You are solely liable and responsible for any activity that occurs on your Account. You agree and understand that you shall not share your user Account password with anybody or do any such act which promotes unauthorized use of your user Account. You shall take all measures to protect your password, including but not limited to, restricting the use of your personal device.
- You must notify us immediately of any change in your eligibility to use the Services, breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either through the Services or through a request made on our Services.
- You understand and agree that by creating a user Account, you agree to receive communication concerning marketing emails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as legal notice and meet all the legal notice requirements.
Subject to the Terms, Inversa gives you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to the Services (and other items displayed on the Services for download) only for purposes of using the Services in accordance with these Terms. Certain aspects of the Services may require the use of a desktop application provided by Inversa. It is expressly prohibited without the prior express permission from Inversa to use, reproduce, modify, distribute, or store any Content for purposes other than using the Services consistent with these Terms.
INTELLECTUAL PROPERTY RIGHTS.
- The Services contains Intellectual Property of Inversa in the form of content, graphics, videos, audios, text and any other digital content (“Services Content”). This is an agreement for the use of Services, and you are not granted a license to any Services Content under this Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services; (ii) remove any proprietary notices or labels from the Services Content; reproduce or copy the Services Content or any part thereof; (iii) modify, translate, or create derivative works based on the Services Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; or (vii) allow third parties to gain access to the Services or to Services Content in any manner other than as expressly permitted in this Terms and Conditions.
- You acknowledge and agree that the Services, the names and logos and all related product and names, design marks and slogans, and all other material comprising the Services, are the property of Inversa or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Inversa. Your use of the Services confers no title or ownership in the Services or the Marks and is not a sale of any rights in the Services or the Marks. All ownership rights remain in Inversa or its third-party suppliers, as the case may be.
- You acknowledge and agree that any comments, ideas and/or reports provided to us (“Feedback”) shall be the property of Inversa and you hereby irrevocably transfer and assign to Inversa such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
- It is our policy to limit access to our Services of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your Account. If you find that anything on our Services infringes any copyright that you own or control, please contact us using the information provided in Section 28.
- You, and the Users of the Services, agree not to:
- systematically retrieve data or other Services Content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of the Services, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email, or creating Accounts by automated means or under false pretenses.
- use a buying agent or purchasing agent to make purchases on the Services.
- circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Services Content or enforce limitations on the use of the Services and/or the Services Content or Content contained therein.
- engage in unauthorized framing of or linking to the Services.
- trick, defraud, or mislead us and other users of the Services, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of our support services or submit false reports of abuse or misconduct.
- 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.
- interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your Account profile.
- use any information obtained from the Services in order to harass, abuse, or harm another person.
- use the Services as part of any effort to compete with us or otherwise use the Services and/or the Services Content for any revenue-generating endeavor or commercial enterprise.
- attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- delete the copyright or other proprietary rights notice from any Services Content.
- 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.
- 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”).
- except as may be the result of a 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 using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- use the Services in a manner inconsistent with any applicable laws or regulations.
- You, and the Users of the Services, agree not to:
- Through the use of the Services you may create content such as content generated by your use of the Services such as including without limits, custom word lists, schedules you create to allow the Services to flag specific words of interest to you. You are the owner of the content submitted by you and collected by us through your consent (collectively, “Contributions”) on or through the Services. All Contributions must comply with the Contribution Standards set out below in Section 13.
- Any Contributions you submit on the Services will be considered non-confidential and non-proprietary. By providing any Contributions on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your Account settings.
- You represent and warrant that:
- You own or control all rights in and to the Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
- All of your Contributions do and will comply with these Terms.
- You understand and acknowledge that you are responsible for any Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- We are not responsible or liable to any third party for the content or accuracy of any Contributions submitted by you.
- To the maximum possible extent, you hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Contributions, and to sublicense the foregoing rights; and you irrevocably waive, and cause to be waived, against us and its users any claims and assertions of any moral rights contained in such Contributions. This Section shall survive any termination of your Account and the Terms.
- These Contribution Standards apply to any and all Contributions and use of Services. Contributions must in their entirety comply with all applicable central, federal, state, local, and international laws, and regulations. Without limiting the foregoing, Contributions must not:
- contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, hurtful, inflammatory, or otherwise objectionable;
- promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
- be likely to deceive any person
- promote any illegal activity, or advocate, promote, or assist any unlawful act;
- involve circumventing the designated method of payment as provided by us;
- involve any other activity that we may deem in our sole discretion to be unacceptable
- These Contribution Standards apply to any and all Contributions and use of Services. Contributions must in their entirety comply with all applicable central, federal, state, local, and international laws, and regulations. Without limiting the foregoing, Contributions must not:
MONITORING AND ENFORCEMENT.
- We have the right to:
- remove or any Contributions for any or no reason in our sole discretion with or without notice to you.;
- take any action with respect to any Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such Contribution violates the Terms, including the Contribution Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Software or the public, or could create liability for us;
- disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; or
- terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
- Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services or otherwise accessing or using our Services.
- YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE AND HOLD US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND COSTS RESULTING FROM ANY ACTION TAKEN BY US/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
- We do not undertake to review any material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
- We have the right to:
The Services provided by us may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Services. Also, Services Content may contain links to other websites, services, or resources on the Internet. When you access third party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between their operators and us. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
APPLE AND ANDROID DEVICES.
In addition to the terms mentioned in these Terms and Conditions, The following terms apply when you use our Services obtained from either the Apple Store or Google Play (each an “App Distributor”) to access our Services:
- the license granted to you for our Services 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;
- we are responsible for providing any maintenance and support services with respect to the Services as specified in the Terms. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Services;
- in the event of any failure of the Services 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 Services, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the Services;
- you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
- you must comply with applicable third-party terms of agreement when using the Services, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Services;
- you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this Services license contained in these Terms and Conditions, 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 these Services license contained in these Terms and Conditions against you as a third-party beneficiary thereof.
EXTERNAL SERVICE PURCHASES.
When making a purchase through the Services, you may have the option to pay through an External Service, such as with your Apple ID or Google account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, which may change from time to time.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.
To cancel a subscription. If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your Account with us or if you have deleted the Services from your device.
For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not us. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com.
Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, we may terminate your Account immediately in our sole discretion, on the basis that you have determined that you do not want our subscription. In the event that your chargeback or other payment reversal is overturned, please contact us using the information at the end of this page. We will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account.
- APPLE-ENABLED SOFTWARE APPLICATIONS.
Inversa offers Services that are intended to be operated in connection with products that are made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Services that are made available for your use in connection with an Apple-branded product (such Services, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:
Inversa and you acknowledge that these Terms are between Inversa and you only, and not with Apple, and that as between Inversa and Apple, Inversa, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You shall not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Inversa’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Inversa and you acknowledge that Inversa, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Inversa and Apple, Inversa, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties and (iii) you are not located in any other country or jurisdiction from which you would be barred from using the Services by applicable law.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Inversa as follows:
Inversa and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof. Accordingly, the parties acknowledge and agree that Inversa enters into this Section (“Apple-Enabled Software Applications”) for its own benefit and on its own behalf and also as an agent for the benefit and on behalf of Apple and its subsidiaries with respect to the exercise and enforcement of all rights, benefits and remedies of Apple and its subsidiaries (but not any obligation or burden) in this Section (“Apple-Enabled Software Applications”) which rights, benefits and remedies shall be enforceable by Inversa in its own right and also as agent for and on behalf of each of Apple and its subsidiaries. Inversa may amend, terminate, or rescind these Terms without the consent of Apple or any such subsidiary.
We reserve the right to terminate your access to all or any part of the Services at any point of time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You may terminate your Account if you wish to do so by placing a request on our Services. Any such termination shall immediately revoke all licenses granted under these Terms, and you shall effective immediately be prohibited from accessing or using the Services or Content for any reason. All fees paid hereunder are non-refundable. The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability and indemnification.
EFFECT OF TERMINATION.
Upon termination of these Terms, your right to use the Services will automatically terminate immediately. You understand that any termination may involve deletion of your Contributions associated therewith from our databases. Inversa will not have any liability whatsoever to you for any termination of these Terms, including deletion of your Contributions, with the exception of any liability with regard to your Personal Data and the User’s Personal Information, if applicable.
To the maximum extent permissible by applicable law, you hereby absolutely release Inversa and its affiliates as well as all other users of the Services from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Services, including any disputes which may arise between users and the acts or omissions of third parties.
THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. THE USE OF THE SERVICES IS AT YOUR AND THE USERS SOLE RISK. THE SERVICES ARE PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. INVERSA, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES IS OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR APP, SERVICES CONTENT, OR PRODUCT REFERRED TO IN THE SERVICES IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE SERVICES PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE SERVICES PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE SERVICES SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE SERVICES.
You acknowledge and agree that you shall at all times defend, indemnify, and hold harmless us, our affiliates and each of our and our affiliates’ including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Services; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal Data and User’s Personal Information; (d) infringement by you (or any third party using your Account or identity in the Services) of any intellectual property or other rights of any person or entity; or (e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defences at your expense, including reasonable attorneys’ fees incurred by us.
LIMITATION OF LIABILITY.
THE USE OF THE SERVICES OFFERED BY US IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE SERVICES FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE SERVICES, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE SERVICES, OR (V) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OR GREATER THAN ANY FEES PAID BY YOU FOR USING OF THE SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. NOTHING IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS..
GOVERNING LAW AND DISPUTE RESOLUTION.
The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of the India applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts located at [ENTER STATE] with respect to any matter or claim, suit, action or proceeding arising under or related to these Terms.
Any dispute concerning the subject matter of these Terms, or the breach, termination or validity thereof (a “Dispute”) will be settled exclusively in accordance with the procedures set forth herein. The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within fifteen (15) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be as may be mutually decided by the Parties. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.
We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the Services (including but not limited to, the availability of any featured content, or database,) at any time or instance by posting a notice through the Services. We may also do so by sending you a notice via email, via the Services, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may if required to do so restrict your access to parts or all of the Services without notice or liability. We endeavour to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications.
When you continue to use the Services after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms in effect at the time of such use.
- Entire agreement and severability. These Terms are the entire agreement between you and us with regards to the Services. These Terms supersede all prior, contemporaneous communications and proposals made (whether oral, written or electronic) between you and us with regards to the Services. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- Relationship of the parties. You and Inversa are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship you nor any fiduciary duty.
- Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third-party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
- Assignment. You agree that these Terms are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.
- Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Term of Service. Notices to us shall be sent by email to email@example.com. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.
- No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
- Compliance. Solely you and the Users are responsible for your compliance with all applicable laws, including without limitation export and import regulations.
- Interpretation. The headers are provided only to make this agreement easier to read and understand.
You may get in touch with us through our Services or the address given below:
Inversa Technosoft Pvt Ltd,
#84, 4th floor, 22nd main, Banashankari 2nd stage, Bangalore 560070, Bengaluru, Karnataka 560061