1. AGREEMENT
1.1. Acceptance
By accessing our products and services at Esha Labs LLP (“Esha Labs”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree with any part of these Terms, you may not use our services.
1.2. Updates to Terms
Esha Labs reserves the right to update and modify these Terms at any time without prior notice. It is your responsibility to review these Terms periodically for changes.
2. DATA PROTECTION
2.1. Compliance with Indian Data Protection Bill
Esha Labs agrees to comply with the provisions of the Indian Data Protection Bill in handling and processing personal data of users.
2.2. Data Collection and Usage
Esha Labs collects and uses personal data in accordance with applicable laws and regulations for the purposes specified in our Privacy Policy.
3. USER OBLIGATIONS
3.1. Accurate Information
Users must provide accurate and complete information when using our services.
3.2. Security Measures
Users are responsible for maintaining the security of their account and must not share their login credentials with others.
4. INTELLECTUAL PROPERTY
4.1. Ownership
All intellectual property rights related to our services and products, including but not limited to software, media, content, and trademarks, belong to Esha Labs.
4.2. License
Users are granted a limited, non-exclusive, and non-transferable license to use our services for their intended purposes.
5. LIMITATION OF LIABILITY
5.1. Disclaimer
Esha Labs shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of our services.
5.2. Limitation of Liability
In no event shall Esha Labs’ total liability exceed the amount paid by the user, if any, for the services provided.
6. TERMINATION
6.1. Termination by User
Users may terminate their account at any time by following the instructions provided on our platform[i.e Online and/or Offline platforms ].
6.2. Termination by Esha Labs
Esha Labs reserves the right to terminate or suspend accounts that violate these Terms or applicable laws.
7. DISPUTE RESOLUTION
7.1. Governing Law
These Terms shall be governed by and construed in accordance with the laws of India.
7.2. Arbitration
Any disputes arising out of or relating to these Terms shall be resolved through arbitration in accordance with the Arbitration and Conciliation Act.
8. GENERAL PROVISIONS
8.1. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
8.2. Entire Agreement
These Terms constitute the entire agreement between the user and /or organisation and Esha Labs regarding the use of our services. By using Esha Labs’s services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
9. Refund Policy
9.1 Any payments made by the Subscriber/Organisation/Entity to Esha Labs for the Products and Services are non-refundable. Once a payment has been processed, it cannot be refunded under any circumstances. The Subscriber/ Organisation/Entity acknowledges and agrees to this non-refundable policy as a condition of using Esha Labs Services.
10. Beta Service
10.1 We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we, Esha Labs LLP, have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services.
10.2 We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service.
10.3 We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Esha Labs LLP will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the Beta Services for any reason.
11.Restrictions on Use
11.1 Transfer or make the Services available to any third party without prior authorization.
11.2 Provide services based on the Services without prior written permission.
11.3 Share user licenses or use them for more than one individual without reassigning the license.
11.4 Attempt to disassemble, reverse engineer, or decompile the Services unless permitted by law.
11.5 Use third-party links without agreeing to their terms and conditions.
11.6 Post links to third-party sites or use their logo or company name without permission.
11.7 Attempt to gain unauthorized access to the Services or related systems.
11.8 Use the Services in a way that could damage, disable, or harm any server, network, or computer system.
11.9 Send or store material containing harmful computer codes, files, or programs.
11.10 Interfere with the integrity, security, or performance of the Services.
11.11 Host, display, upload, modify, or share information belonging to others without consent.
11.12 Violate any applicable laws.
11.13 Use the Services for competitive or benchmarking purposes.
11.14 Remove or obscure proprietary notices in the Services.
11.15 Use the Services in a manner that threatens national unity, security, or sovereignty.
11.16 Create false identities to mislead others.
11.17 Transmit false information with intent to mislead or harass.
11.18 Use the Services for activities prohibited by law in India.
12. Spamming and Illegal Activities
12.1. You agree to be solely responsible for the contents of your transmissions through the Services.
12.2. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, insulting, harassing, libelous, invasive of another’s privacy (including bodily privacy), abusive, threatening, harmful, vulgar, pornographic, paedophilic, harmful to children, obscene, racially or ethnically objectionable, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another.
12.3. You agree not to use the Services for the transmission of “junk mail/sms”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email.
12.4. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
13. Third Party Applications
13.1. Esha Labs LLP Services integrate with many third-party applications (hereinafter “Third Party Applications”).
13.2. Access and use of the Third Party Applications may require acceptance of terms of service and privacy policies applicable to such Third Party Applications (hereinafter “Third Party Terms”).
13.3. You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application.
13.4. You acknowledge and agree that Esha Labs LLP is not liable for any Third Party Applications.
13.5. While we will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that Esha Labs LLP may, at any time and in our sole discretion, and without any notice to you, suspend, restrict, or disable access to or remove from Esha Labs LLP Services any Third Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill, or other intangible losses.
14. Fees and Payments
14.1 Automatic Renewal and Payment
The Services are available under subscription plans of various durations. Payments for subscription plans of a duration of less than a year can be made only by advance payment of full amount in UPI /IMPS /RTGS /NEFT /Cheque.
Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription/ Contract.
If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. if you have not informed us that you do not wish to renew the subscription/ Contract, you will be presumed to have authorized Esha Labs LLP to charge the subscription fee to the Account number/Cards last used by you.
14.2 Changes in Pricing and Taxes
From time to time, we may change the price of any Service or charge for the use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then-current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
In the event any tax such as GST, VAT, sales tax, or the like is chargeable by Esha Labs LLP in accordance with any local, state, provincial, or foreign laws with respect to your subscription to our Services (“Taxes”), Esha Labs LLP will invoice you for such Taxes.
You agree to pay Esha Labs LLP such Taxes in addition to the subscription/contract fees.
15. Hosting Location
15.1 Cloud Facility Mapping
The location of the cloud facility serving you depends on the available region/country mapping at sign-up.
Account migration may occur due to updates in region/country to cloud facility mapping.
15.2 IP Address Verification
15.2.1 Your region/country is determined by your IP address at sign-up.
15.2.2 Falsifying your IP address is prohibited and may lead to actions like migrating your account or account closure.
15.2.3 If your actual region/country differs from records, actions may include migration to the correct cloud facility or account closure.
15.2.4 If served from outside your region/country with a Esha Labs LLP office locally, data may or may not be stored in your region/country.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ESHA LABS LLP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ESHA LABS LLP MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE, OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ESHA LABS LLP, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
YOU AGREE THAT ESHA LABS LLP SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ESHA LABS LLP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ESHA LABS LLP’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED FIFTY THOUSAND RUPEES (₹ 15,000) OR THE FEES PAID BY YOU DURING THE THREE (3) MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS LOWER.
By using our services, you acknowledge that you have read, understood, and agreed to these Terms and our Privacy Policy. This Agreement was last updated on 31-March-2024. It replaces any prior agreement(s) and is effective between You and Esha Labs LLP as of the date of You first executing an Order Form subscribing/Purchasing for the Products and Services.
Indemnification
You agree to indemnify and hold harmless Esha Labs LLP, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines, and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violation of any provisions of the Agreement, or any other claim related to your use of the Services.
Governing law and Jurisdiction
Any controversy or claim arising out of or relating to the Terms shall be settled and adjudicated exclusively by the courts of Udupi in accordance with the laws of India without regard to conflict of law principles.
End Of Terms Of Service
If you have any questions or concerns regarding this Agreement, please contact us at [email protected].