Terms Of Use

1. GENERAL

1.1Eligibility: You affirm that you are either more than 18 years of age or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You further represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties. If you are entering into these Terms on behalf of an entity, organization, or company (a "Subscribing Organization"), you represent and warrant that you have the authority to bind such Subscribing Organization and its Affiliates to these Terms, and you agree to be bound by these Terms on behalf of such Subscribing Organization. In such a case, "You" in these Terms means such Subscribing Organization, its Affiliates, and each User of the Subscribing Organization.

1.2Please note that your access to the Platform or utilization of services offered on the Platform, offers or promotions in relation to the Products as may be provided by us or our affiliates, may be governed by other terms and conditions, policies, or guidelines along with these Terms ("Additional Terms"). If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service. These Terms govern your access and use of the Platform as well as any transaction or dealings thereon.

1.3Please note that we may from time to time change these Terms that govern your use of the Platform. Every time you wish to use our Platform, please check these Terms to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Platform or suspend the operation of the Platform for support or maintenance work, in order to update the content or for any other reason, at any time.

1.4Any accessing, browsing, or otherwise using the Platform indicates your agreement to these Terms, the Privacy Policy of the Platform, and any other policies or guidelines that may be applicable on the Platform (collectively called "Platform Policies") at the time of your access and usage of the Platform and which may be updated from time to time ("the Agreement").

1.5This document is an electronic record in terms of the Information Technology Act, 2000, and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

2. USE & REGISTRATION OF PLATFORM

2.1In order to avail of the Service on the Platform, all you need to do is visit edilitics.com. and register yourself for using the Platform.

2.2Process of Registration: It is straightforward! Sign up on the Platform by using your email ID or phone number and filling up basic information, including a valid email address and any other information indicated as required, and your Edilitics account ("Account") is created! Registration is a one-time process and is free of cost. Edilitics may reject your application for opening an account or may cancel an existing account for any reason, at its sole discretion.

2.3You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on the Platform and to restrict access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.

2.4You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors, and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without notice to you.

3. COMMUNICATION AND UNSUBSCRIPTION

3.1By accepting the Terms of Use, you also accept to receive news, updates, offers/campaign-related SMS to the mobile phone number provided by you. By accessing and using the Platform and/or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email, or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

3.2You can unsubscribe/opt-out from receiving marketing/promotional communications, newsletters, and other notifications from us at any time by following the instructions set out in such communications.

4. PAYMENT

4.1Invoicing and Payment : Access to the Services or certain features of the Services may, now or in the future, require the payment of fees such as subscription fees (“Fees”). Fees may be set forth on our pricing page available at edilitics.com. or on a physical, electronic, or online Order Form, as applicable, which describes such Fees. Edilitics will charge Fees in US dollars or such other currency as specified in the relevant Order Form. Except as otherwise provided herein, all Fees are non-refundable. Edilitics may add new features to the Services on a going-forward basis at any time and may charge additional Fees separately for such additional features if you elect to use them. Edilitics reserves the right to change the Fees charged for any subscription upon the renewal of such subscription. The Initial Term and any Renewal Term of such subscription shall be as set forth in the applicable Order Form.Unless a different payment method is specified otherwise in the applicable Order Form, Edilitics will invoice you in accordance with the relevant Order Form Terms. Unless otherwise stated in the Order Form, invoiced Fees are due fifteen (15) days from the invoice date. If the applicable Order Form states that payment will be by credit card, you will provide Edilitics with valid and updated credit card information, and you shall authorize Edilitics to charge such credit card for all Fees due under the Order Form in accordance with the billing frequency stated on such Order Form. You are responsible for maintaining complete and accurate billing and contact information and notifying Edilitics of any changes to such information. If your payment method fails or your accounts are past due, (a) you agree to pay all amounts due upon demand by Edilitics, (b) Edilitics may collect fees owed using other collection mechanisms (including charging other payment methods you may have on record with Edilitics), (c) Edilitics reserves the right to either suspend or terminate your Account or access to the Service, and/or (d) you agree to pay a late fee of 1.5% per month or the maximum charge permitted by law, whichever is less.

4.2Collection Fee: In the event you fail to pay overdue charges, Edilitics may refer your account(s) to a third party for collection. You agree that if it becomes necessary for Edilitics to refer your invoices to a third party for collection, Edilitics will charge a collection fee at the maximum percentage permitted by applicable law, but not to exceed 18%, to cover the internal collection-related costs Edilitics has incurred on such invoices through and including the date on which Edilitics refers the invoices to such third party. To the extent permitted by law, you agree to pay Edilitics any additional costs and fees Edilitics reasonably incurred to collect amounts outstanding on your invoices.You expressly authorize, and specifically consent to allow, Edilitics and/or its outside collection agencies, outside counsel, or other agents to contact you in connection with any and all matters relating to unpaid past due charges billed by Edilitics to you. You agree that, for attempts to collect unpaid past due charges, such contact may be made to any mailing address, telephone number, cellular phone number, e-mail address, or any other electronic address that you have provided, or may in the future provide, to Edilitics. You agree and acknowledge that any e-mail address or any other electronic address that you provide to Edilitics is your private address and is not accessible to unauthorized third parties.

4.3Payment Disputes: Edilitics shall not exercise its rights under Section 4.1 (Invoicing and Payment) or 4.2 (Collection Fee) with respect to those charges that are under reasonable and good faith dispute and for which you are cooperating diligently to resolve the dispute.

5. PAYMENT

5.1License from Edilitics to You: Subject to the Terms, Edilitics grants you a worldwide, non-exclusive, non-transferable, terminable license to use the Services on the Platform.

5.2Customer Personal Data: To the extent applicable, if you input any Customer Personal Data for processing through the Services (“Customer Data”) within the Services, then you grant Edilitics a worldwide, non-exclusive, royalty-free license for the duration of this Agreement to use such Customer Data. This usage is solely for the purpose of providing the Services to you in accordance with this Agreement and other Platform Policies. Edilitics shall not, now or in the future, sell any Customer Data to any third party. You are solely responsible for storing and maintaining backups and copies of all Customer Data, each of which is stored within your applicable third-party hosting service provider (such as Google Cloud Platform or any other pre-approved platform, as applicable) (the “Cloud Provider”). Edilitics is not responsible for storing any Customer Data and disclaims all liability in connection with any claims that the Customer Data has been lost, deleted, corrupted, or otherwise rendered unusable. Edilitics reserves the right to immediately suspend your use of the Services or, at any time, to remove any Customer Data, with concurrent notice (and provided that Edilitics shall endeavor to provide prior notice when possible or permitted). This is in instances where the failure to immediately suspend such access or remove such Customer Data would violate applicable law or cause material and incurable harm to the rights of a third party or Edilitics.

6. AVAILABILITY AND ACCESSIBILITY OF PLATFORM

6.1We control and operate this Platform from India and make no representation that the materials and the content available on the Platform are appropriate for use or will be available for use in locations outside India. If you use this Platform from outside India, you are entirely responsible for compliance with all applicable local laws. These Terms do not constitute, nor may these Terms be used for or in connection with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

6.2We constantly monitor your account to avoid fraudulent accounts and transactions. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to the initiation of legal actions, we reserve the right to immediately delete such an account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

6.3We authorize you to view and access the Platform solely for personal and non-commercial use and refrain from any actions that endanger the functionality or operation of the Platform. In particular, you are prohibited from carrying out any actions that scan or test weak points of the Platform, Service, software, bypass security systems, or access systems of the software or integrate malware into the Platform.

6.4We reserve the right to terminate your access to this Platform at any time and without notice. Furthermore, this limited license terminates automatically, without notice to you, if you breach any of the provisions of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. Any provision of the Terms that imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms shall survive the termination or expiration of the Terms.

7. CONFIDENTIALITY

7.1Definition: As used herein, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include the Customer Data; Edilitics’s Confidential Information shall include the Services; and Confidential Information of each party shall include the terms and conditions of these Terms and all Work Orders, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party.

7.2Exclusions: However, Confidential Information (other than Customer Data) shall not include any information that (i) is or becomes generally known to the public without a breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without a breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without a breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.

7.3Protection of Confidential Information: Except as otherwise permitted in writing by the Disclosing Party, (i) the Receiving Party shall protect the Disclosing Party’s Confidential Information by using the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care), and shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms, and (ii) the Receiving Party shall limit access to Confidential Information of the Disclosing Party to those of its employees, contractors, and agents (“Representatives”) who need such access for purposes consistent with these Terms and who are bound by confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.

7.4Compelled Disclosure: The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party's Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.

7.5No License: Except as expressly set forth herein, no license or other rights to Confidential Information are granted or implied hereby by either party.

8. ACCEPTABLE USE POLICY ("AUP")

8.1Use the Services for any illegal purpose or in violation of any local, state, national, or international law.

8.2Copy, modify, or distribute any portion of the Services.

8.3Violate, or encourage others to violate, the rights of third parties.

8.4Import or collect any Customer Data or other content that is unlawful, defamatory, libelous, or invasive of privacy or otherwise.

8.5Use the Services to engage in or promote any harmful, offensive, inappropriate, fraudulent, deceptive, or illegal activities.

8.6Sell, sublicense, rent, lease, or otherwise transfer the access granted herein to the Services or any Materials.

8.7Use or apply, directly or indirectly, the Services in any manner competitive with the business of Edilitics.

8.8Use the Services to violate the security or integrity of, or otherwise abuse, any application, computing device, system, or network (each a “System”) of any party, including but not limited to accessing or using any System without permission (including attempting to probe, scan, monitor, or test the vulnerability of a System), forging any headers or other parts of any message describing its origin or routing, interfering with the proper functioning of any System (including any deliberate attempt by any means to overload a System), implementing denial-of-service attacks (inundating a target with communications requests so it cannot respond effectively or at all to legitimate traffic), operating non-permissioned network services (including open proxies, mail relays, or recursive domain name servers), or using any means to bypass System usage limitations.

8.9Attempt to gain access to any Systems or networks that connect to the Services (except as required to access the Services as provided hereunder).

8.1Use the Services to distribute or facilitate the sending of unsolicited mass email or other messages, promotions, or solicitations (e.g., “spam”), including advertising or other announcements of any kind.

8.11Interfere with or disrupt the operation of the Service, including by (i) disassembling, decompiling, reverse engineering, or otherwise attempting to discover the source code of the Service or any part thereof, except to the extent that such activity is expressly permitted by applicable law, (ii) performing any fraudulent activity, including impersonating any person or entity, claiming false affiliations, or accessing the Service accounts of others without permission; or (iii) intentionally interfering with or damaging the operation of the Service or any user’s enjoyment of it, including by uploading or otherwise disseminating viruses or other malicious code.

8.12Attempt to gain access to any Systems or networks that connect to the Services (except as required to access the Services as provided hereunder).

8.13Introduce any trojans, viruses, any other malicious software, any bots, or scrape on the Platform for any information.

8.14Permit or authorize a third party to do any of the foregoing.

9. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS

9.1Service Warranty. Edilitics warrants that the Services will substantially conform to the functionality set forth herein.

9.2Customer Data Warranty. By importing, storing, or processing Customer Data, You affirm, represent, and warrant that:

9.21You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Edilitics and users of the Service to use and distribute Your Customer Data, as necessary, to exercise the licenses granted by You in these Terms including, but not limited to, Your applicable license agreement with the applicable Cloud Provider;

9.22Your Customer Data and the use thereof as contemplated herein, does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

9.3Customer Service Warranty. You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Services, offerings or otherwise, (“Information”) on the Platform shall constitute an invitation to invest in us or any affiliates. Any use of this Platform or the Information is at your own risk.

9.4Information Warranty. We will endeavor to ensure that all information and recommendations, whether in relation to the Information, are correct at the time of inclusion on the Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.

9.5Service Disclaimer. Edilitics does not covenant or provide any representations and warranties that the Services will be made available at all times.

9.6Use Disclaimer. Neither we, nor our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to this Platform. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.

9.7Customer Data Disclaimer. Except as otherwise set forth herein, Edilitics expressly disclaims any and all liability in connection with accuracy and source of Customer Data processed using its Services. Edilitics is under no obligation to edit or control Customer Data that You import to or make available through the Services. Edilitics may, at any time without prior notice, remove any Customer Data that violates these Terms or applicable law, or which violate the rights of a third party or Edilitics.

9.8Nothing contained herein is to be construed as a recommendation to use any Service, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

9.9No Sensitive Use. You acknowledge that the Services are not designed, intended, or authorized to process sensitive information or data, including, but not limited to, protected health information as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), or other sensitive data of You, a User, or a third party (collectively “Sensitive Information”). You shall not use the Services for such purposes or under such circumstances or to process or store Sensitive Information. Edilitics is not aware of, and has no method of detecting whether or not any Customer Data constitutes Sensitive Information. Edilitics EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ITS ACCESS TO, STORAGE OF, OR PROCESSING OF ANY SENSITIVE INFORMATION. You shall indemnify Edilitics for any claims arising from Your breach of this Section.

9.10General Disclaimer. THE PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELVES AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.11Company Disclaimer. To the extent permitted by applicable law, We, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorized access, theft, destruction, alteration or use of records on the Platform.

10. EXPORT TOOLS AND DISCLAIMER FOR EXPORT TOOLS

10.1Export Tools. Edilitics may provide tools within the Service that enable You to export information, including Customer Data, either in downloadable form or directly to third party services (“Export Tools”). By using Export Tools to export to third parties services, You agree that we may transfer such information, including Customer Personal Data, to the applicable service or in the applicable format.

10.2Export Tools Disclaimer. YOU ACKNOWLEDGE THAT EXPORT TOOLS MAY NOT WORK FOR YOUR PURPOSES, AND YOU ACKNOWLEDGE THAT INFORMATION EXPORTED USING EXPORT TOOLS (INCLUDING CUSTOMER DATA) MAY BE INCOMPLETE, CORRUPTED, OR OTHERWISE NOT USEABLE.

10.3The disclaimer with respect to Customer Data in Section 10.2 applies to all exported Customer Data.

11. INTELLECTUAL PROPERTY RIGHTS

11.1The Platform and its Services are owned and operated by Edilitics. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Services provided by Edilitics (the “Content”) are protected by all relevant intellectual property and proprietary rights and applicable laws. Except for any Customer Data, all Content contained in the Services are the property of Edilitics or its third-party licensors. Except as expressly authorized by Edilitics, You may not make use of the Content. Edilitics reserves all rights to the Content which is not expressly granted in these Terms. You retain copyright and any other proprietary rights You hold in the Customer Data that You import to the Services.

11.2You may use and display the Content on your personal computer only for your personal and internal business use subject to the grant of a limited, revocable, personal, non-exclusive and non-transferable license to you by us including using and printing copies of the Service on the Platform for your personal use and store the files on your computer for personal or internal business use only and not for commercial purposes.

11.3You may not: (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or otherwise use any Content contained on the Platform. These restrictions apply in relation to all or part of the Content available on the Platform; (b) copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system; (c) reproduce any part of the Content or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the Content or Platform; or (e) link any other material to the Content displayed on the Platform, without our express written consent.

11.4The license granted to you does not include a license for: (a) resale of Service or commercial use of the Platform or Content, (b) use of Service in any derogatory or in violation of any laws, (c) any use of Platform, the Services and/or of Content other than as contemplated in these Terms, (d) any downloading or copying of login credentials of user, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of Content, and (f) creating and/ or publishing your own database that features parts of the Platform.

11.5If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at support@edilitics.com

12. TRADEMARKS

12.1All the trade names associated with us and all Services and logos denoted with "™" on the Platform are trademarks or registered trademarks of us or our affiliates. Such trademarks may not be used in connection by You, with any product or service that is not our product or service.

13. INDEMNIFICATION

13.1By You: You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against (i) any and all third-party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Platform or the Content or the Services, (ii) violation of any of the provisions of these Terms, (iii) or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

13.2By Edilitics: Edilitics shall defend, indemnify and hold You, and Your respective officers, directors, employees, consultants, affiliates, subsidiaries and agents (“Customer Indemnitees”) harmless against any loss, damage or costs (including reasonable attorneys’ fees) incurred in connection with claims, demands, suits, or proceedings (“Claims“) made or brought against any Customer Indemnitee by a third party alleging that the use of the Service as contemplated hereunder infringes the patent, copyright, trade secret or intellectual property or proprietary rights of such third party, provided that You (a) give written notice of the Claim to Edilitics; (b) give Edilitics control of the defense and settlement of the Claim (provided that Edilitics may not settle any Claim unless it unconditionally releases You of all liability); and (c) provide to Edilitics, at Edilitics cost, all reasonable assistance. Edilitics may, at its expense: (i) procure for You the right to continue using the Service under the terms of these Terms; (ii) replace or modify the Service to be non-infringing without a material decrease in functionality; or (iii) if the foregoing options are not reasonably practicable, terminate the license for the infringing Service and relieve You of any obligation to pay fees for the remainder of the term following the effective date of termination.

14. LIMITATION OF LIABILITY

14.1IN NO EVENT WILL EDILITICS OR ITS AFFILIATES, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT EDILITICS OR ITS AFFILIATES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF EDILITICS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO EDILITICS FOR ACCESS TO AND USE OF THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY SET FORTH IN THESE TERMS IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.

15. APPLICABLE LAW AND JURISDICTION

15.1These Terms are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms or any dispute arising in relation to the Platform whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.

16. FORCE MAJEURE

16.1We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.

17. NO WAIVER

17.1No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

18. SEVERABILITY

18.1If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided, however, that, in such an event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

19. AMENDMENT

19.1These Terms are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms as available on the Platform. Your relationship with the Platform will be governed by the most current version of these Terms, as published on edilitics.com.

20. UPDATES TO SERVICES

20.1Edilitics may develop and provide updates, upgrades, enhancements, bug fixes, and workarounds for the Services on a regular basis ("Updates"). Updates are deemed to be a part of the Services and are included at no additional charge.

21. NO THIRD PARTY BENEFICIARIES

21.1These Terms are for the sole benefit of the signatories and are not intended to benefit any third party.

22. METADATA

22.1Edilitics may collect aggregate data about Your use of the Services that is non-personally identifiable with respect to You or any User or individual (“Aggregated Anonymous Data”), and may use and disclose the Aggregated Anonymous Data for the purpose of enhancing the Services and otherwise for any internal business purpose.

23. RELATIONSHIP BETWEEN PARTIES

23.1Nothing in these Terms shall be construed to create a partnership, joint venture, or agency relationship between the parties. Neither party will have the power to bind the other or to incur obligations on the other’s behalf without such other party’s prior written consent.

24. SURVIVAL

24.1Upon termination of the Terms, any provision which, by its nature or express terms, should survive, will survive such termination or expiration.

25. ASSIGNMENT

25.1Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, Edilitics may assign these Terms in their entirety (including all Work Orders), without the consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

26. MISCELLANEOUS

26.1In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that we will not be liable for any transaction between itself and any such third parties. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of the Platform, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms of Use.

27. FEEDBACK OR CONCERN

27.1If the User has any concerns, feedback, review or any request, the User is free to contact the Company at Customer care id:support@edilitics.com