Terms of Service

Effective from: 17 October 2022
APXORTECHNOLOGY SOLUTIONS PRIVATE LIMITED, having its registered office at D. No:39-18-16,Industrial Estate Post, Vamsi Nagar Madhavadhara, Vishakhapatnam - 530007   (“us”,“we”, or “our”, “Company” or “Apxor”) is the owner and operates the website available at [www.apxor.com] or and all other variations of the same (collectively referred to as “Platform”).

The Company requests the User (as defined below) to carefully go through these terms & conditions (“Terms of Service” or “TOS”or “Terms”) prior to accessing the Platform or availing Services (as defined below) using the Platform. If User continues to browse and use the Platform to avail Services, User irrevocablyand unconditionally is agreeing to comply with, abide by and be bound by all these obligations as stipulated in this TOS, which together read with our privacy policy available at ​https://www.apxor.com/privacy-policy; and any other applicable policies referred to herein or made available on the Platform(collectively referred as “Terms and Conditions”). The Terms and Conditions shall govern the Company’s relationship with User in relation to the usage of the Platform. These Terms and Conditions supersede all previous oral, written terms and conditions (if any) communicated to User and shall act as a binding agreement between Company and the User.

IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.

1. Definitions

Service(s)”means services provided through the Platform, as described in further detail under clause 3 below. The Services provided through the Platform may change from time to time, at the sole discretion of the Company.“User”or “you” shall mean any person or entity who shall avail Services on the Platform, or his/her representatives or affiliates who are registered on the Platform. 

2. Updation of Terms and Conditions

Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified or revised by us from time to time with/without notice to you. To ensure that you are aware of any additions, revisions, amendments or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time. The updated Terms and Conditions shall be effective immediately and shall supersede these. We shall not be under an obligation to notify you of any changes to the Terms and Conditions. You shall be solely responsible for reviewing the Terms and Conditions from time to time for any modifications. If you continue to use the Platform/Services after the Updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the Updated Terms and Conditions. Any reference to Terms of Service, TOS, made herein shall refer to the latest version of the Terms of Service.  

3. Service(s) provided to Users

3.1. The Company provides a digital nudging solution used by product companies to create effective in-app experiences without requiring any engineering effort.

4. Eligibility

4.1. By using Platform, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in the Platform is available only to persons who can formlegally binding contracts.

5. User Account Registration

5.1. Userwho is at least 18 years of age may create an account and avail the Services. In order to use the Platform, you have to create an account (“Account”).
5.2. You can create Account by signing upon the Platform using your email ID.  

6. Platform License

6.1. Subject to your compliance with the TOS, Company grants you a limited, non-exclusive,non-transferable license:
(i) to view, download and print any content of Platformsolely for your personal and non-commercial purposes; and
(ii) to access,modify, edit and download any content, to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted herein.

6.2. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast orotherwise exploit the Platform and Services, except as expressly permitted inthe TOS. No licenses or rights are granted to you by implication or otherwiseunder any intellectual property rights owned or controlled by Platform or its licensors, except for the licenses and rights expressly granted in the TOS.

7. Fees 

7.1. You agree to Pay to us any fees for the Services availed by you, in accordance withthe pricing plan (“Subscription Fees”)in the Order Form. Payment against fees can be made online through creditCard/internet banking etc. or any mode of payment which is made available tothe User in the Platform. The Fees paid by you is non-refundable, except asprovided in these Terms and Conditions.

7.2. Our Services can be availed as a subscription model (“Subscription”). This means that when you choose to avail our Services, you will be billed as per the Plan chosen (“Billing Cycle”). We reserve the right toalter/modify/suspend/discontinue any terms and conditions associated with the Plan including but not limited to the period, rate, services included in the Plan. Further, we shall give you notice of any change made to the features of the Plan prior to the expiry of your applicable Billing Cycle.

7.3. Any change in Subscription Fees will be intimated to you in advance.

7.4. Any new Service taken by the User will be subject to the pricing in the relevant Order Form.

7.5. Payment for the Services by the entity may be processed through the third-party internet payment service providers. By purchasing any Services through the Platform, the entity hereby consents and agrees to abide by such third-party internet payment service providers’ applicable terms and conditions and privacy policies. The entity agrees and acknowledges that the Company has no responsibility or liability under the terms and conditions and policies of the third-party internet payment service provider. In the event such third-party internet payment service providers’ customer terms and conditions or privacy policies are not acceptable to you, please do not purchase such Services through the Platform.

8. Cancellation and Refund Policy

You may, cancel your subscription by providing a 30-day notice to the Company. However, there shall be no refunds inthis instance. For any queries pertaining to the Cancellation and Refund, please contact support@apxor.com.

9. Use of Your Information and Content and other content displayed on the Platform

9.1. If you create, transmit, submit, display or otherwise make available an information while using the Services, you may provide only information that you own or have the right to use. We may only use the information you provide as permitted by our Privacy Policy and applicable law. For example, we will never share your personally identifiable information without your prior permission. Please closely review our Privacy Policy for more information regarding how we use and disclose your personal information. Our Privacy Policy is hereby incorporated into these Terms of Use by this reference.

9.2. We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services pursuant to our internal recordretention and/or destruction policies. We (may/may not) make use of third-partycloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensurethat the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.

9.3. You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process, applicable laws or government requests;
(b) enforce these TOS;
(c) respond to claims that any of your usage of the Platformviolates the rights of third parties;
(d) detect, prevent, or otherwise addressfraud, security or technical issues; or
(e) protect the rights, property, orpersonal safety of the Platform, its users, or the public.

9.4. You agree to only provide such information that does not violate the law or any person’s rights (includingintellectual property rights).

10. Third PartyServices

While availing Services, the Company may provide the option to Users to connect with third-party service providers. It is clarified that the Company cannot be held liable for such third-party service providers.  It is hereby stated that Company shall in no way be responsible for any acts or omissions of such third parties. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User’s own risk and we make now arranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors. We shall not be responsiblefor any transaction or dissemination of information that may take place while accessing these third-party websites unless. 

11.  Rules andConduct

11.1.  As acondition of use, you promise not to use the Services for any purpose that is prohibited by the TOS; or other rules or policies implemented by us from time to time; or in violation of any applicable laws.

11.2.  By way of example, and not as a limitation, you shall not (and shall not permitany third party to) take any action that:
(i) Would constitute a violation of any applicable law, rule or regulation;
(ii) In fringes on any intellectual property or other right of any other person or entity;
(iii) Is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or
(iv) Impersonates any person or entity. The Company reserves the right to disableany Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Company is concerned that You may have violated the Terms of Use), or for no reason at all with or without notice to the User/Users.

11.3.  Additionally, you shall not share any information that:
(i) May be harmful to minors or children below the age of 18 (eighteen) years;
(ii) Threatens the unity, integrity, defence, security or sovereignty of the country, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insultingany other nation; and
(iii) Is invasive of another’s privacy, hateful, orracially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(iv) Harms minors in any manner;
(v) Infringes any patent, trademark, copyright orother proprietary rights;
(vi) Violates any laws for time being; and
(vii) Impersonate any person.

11.4.  Further more, you shall not (directly or indirectly):
(i) Take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or itsthird party providers’) infrastructure;
(ii) Interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
(iii) Bypass any measures we may use to prevent or restrict access tothe Platform (or parts thereof);
(iv) Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction;
(v) Modify, translate, or otherwise create derivative works of any part of the Platform; or
(vi) Copy,rent, lease, distribute, or otherwise transfer any or all of the rights thatyou receive here under.

11.5.  You will not access the Platform, and/or its Services, or the personal information of other Users, available on the Platform in order to build a similar or competitive website, product, or service.

11.6.  If are an Individual, you will not access the Platform and/or its Services for the purpose of hiring, recruiting or inviting any other User to attend any program,event, function, seminar, conference, talk, etc.

11.7.  You agree to immediately notify us of any unauthorised use, or suspected unauthorized use of Your Account, or any other breach of security, in relation to Your personal information on the Platform.

11.8.  One Account shall not be used by more than one User. Any use of an Account by a third-party would deem to be unauthorised usage. The Company reserves the right to disable any such Account from the Platform. 

12. Alerts Provided by The Company

12.1. The Company provides you with multiple automatic alerts while providing Services.

12.2. You understand and agree that any alerts provided to you through the Platform maybe delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, ormisdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. 

13. Contact You 

You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:

13.1.  Obtaining feedback in relation to Platform or our Services;

13.2.  In order to alert you regarding our Services;

13.3.  Obtaining feedback in relation to any other Users listed on the Platform;

13.4.  Any events or initiatives that you may be interested in as part of the community ofusers

13.5.  Resolvingany complaints, information, or queries by other Users regarding your critical content; and;

13.6.   You agree to provide your fullest co-operation further to such communication by Company. By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can use and share such feedback forany purpose without any compensation to you and we are under no obligation to keep such feedback confidential.

14. Profile Ownership and Editing Rights

We ensure easy access to the Users by providinga tool to update your profile information. We reserve the right to moderate the changes or updates requested by you and we shall take an independent decision whether to publish or reject the requests submitted for the respective changesor updates in your profile. You hereby represent and warrant that you are fully entitled, under applicable law, to provide information as part of your profileor otherwise while using our Services, and that no such information breachesany third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoingrepresentation, we may modify or delete parts of your profile information atour sole discretion with or without notice to you.

15. Rights and Obligation relating to the usage of the Platform

Users shall be prohibited from carrying out the any illegal acts in the Platform including but not limited to acts mentioned below:

15.1.  Violating or attempting to violate the integrity or security of the Platform.

15.2.  Transmittingany information on or through the Platform that is disruptive or competitive tothe provision of our Services.

15.3.  Intentionally submitting on the Platform any incomplete, false or inaccurate information.

15.4.  Making any unsolicited communications to other Users.

15.5.  Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform.

15.6.  Circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.

15.7.  Any unlawful activities in the Platform which are prohibited by laws of India.

15.8.   The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement(including the Privacy Policy) by a User, we shall have the right to immediately terminate your access or usage rights to the Platform and Services and to remove non-compliant information from the Platform.

We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitivepersonal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.

16. Companyand User Materials

While rendering Services, Company directly or throughits representatives, may provide Users with certain materials relevant to the Services, which may be in the form of audio, video, written and oral content (“Company Materials”). Company Materials shall be the exclusive property of the Company. User hereby agrees and acknowledges that he/she shall ensure that the Company Materials are not shared with any third party, without Company’s written consent and any breach of such nature shall cause financial and irreparable injury to Company. Company hereby provides User with a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the Company Materials solely for its personal purpose and not for any commercial use. While availing Services, User may submit various materials to Company in the form of audio/video/written content, (“User Materials”). User hereby provides Company with an exclusive, transferrable, perpetual and irrevocable license to use the User Materials for its use. User hereby agrees and acknowledges that User Materials shall not infringe any intellectual property rights of third party and shall be responsible for any claims a risingout of infringement.

17. Modification

We reserve the right, at any time and in with solediscretion, to change, modify, or amend the Platform (in whole, or in part) or any of its Services (in whole, or in part), in compliance with the applicable legal and regulatory framework. You agree that We will not be liable to You for any change, modification or amendment of the Platform or its Services, or any part thereof.

18. Support

18.1. The Company offers an email-based support system. In case you require any assistance or support, you may access support resources or contact our support by emailing at support@apxor.com.

18.2. The Company shall revert to every complaint within 48 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 30 days of receipt of the complaint. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.

18.3. The User agrees and acknowledges that theCompany shall address and attempt to resolve the complaint received inaccordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as awarranty. 

19. Termination 

19.1. Termination/ Suspension of Services: We have the right to temporarily suspend access tothe whole or any part of the Services for any reason what so ever (including but not limited to technical/operational reasons) and shall be under no liability to you in such an event. Further, we may, but shall not be obliged to, give You notice of any interruption of access to the Service. We may temporarily suspend access to the whole or any part of the Services for pre-scheduled maintenance. The intent to temporarily suspend access for pre-scheduled maintenance shall be communicated to you 48 hours in advance via email to the email id provided by you upon creation of your Account. If you choose to access the Platform or avail Services during such pre-scheduled maintenance, we cannot guarantee the availability of the Services and/or functionality of the Platform.

19.2. Termination/Suspension of Accounts: We may terminate your usage of the Platform at anytime for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

20. Disclaimer

THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANYCONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANYKIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY (INCLUDING) ITSDIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANTTHAT:

(A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME ORLOCATION;
(B) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(D) THE RESULTS OF USING THE SERVICE WILL MEET YOURREQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATESDO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVELIMITATIONS MAY NOT APPLY TO YOU. 

21. Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its,and its affiliates’/subsidiaries/joint venture partners’ employees,contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to
(i) your use or misuse of, or access to, the Services andPlatform; or
(ii) your violation of the Terms and Conditions; or any applicablelaw, contract, policy, regulation or other obligation. We reserve the right toassume the exclusive defense and control of any matter otherwise subject toindemnification by you, in which event you will assist and cooperate with us inconnection therewith.

22. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENTSHALL COMPANY  (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS,PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES
(I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL,PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER,
(II) FOR YOURRELIANCE ON THE SERVICES
(III) FOR ANY DIRECT DAMAGES
(IV) FOR ANY MATTERBEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THEPOSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.

23. Exemptions to liability of Company 

You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability ofServices or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
1.    Your failure to cooperate.
2.    Your unavailability and/or unresponsiveness.
3.    Your failure to provide accurate and complete information.
4.    Your failure to provide or facilitate the submission of User Materials in timely manner;
5.    Any event beyond Company’s reasonable control.

24. Governing Law 

These Terms and Conditions shall be governed by the laws of Indiawithout regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located at Hyderabad,Telangana.

25. ARBITRATION

In theevent of any dispute and/or difference which may arise between the Parties inconstruing, constructing and assigning any meanings to the terms contained in this Agreement or the non-fulfillment of any of its terms by either of the Parties, the Parties shall resolve the same acting in good faith by giving each other a Notice in writing of existence of all such disputes and/or differences and may accordingly enter into mediation proceedings. On non-resolution of all or any of such disputes or differences through any of such good faith negotiations and appropriate mediation proceedings, the Parties shall refersuch disputes/differences/disagreement to arbitration in accordance with the provisions of Indian Arbitration and Conciliation Act, 1996 or any statutory amendments thereof. The Arbitral Tribunal shall consist of a sole arbitrator tobe appointed upon the mutual agreement of Service Provider and the Client. The Parties hereto mutually agree and confirm that the arbitration proceedings shall be held in Hyderabad, India and the decisions of the duly appointed Arbitrator shall be final and binding on the Parties. The language of Arbitration shall be English.  

26. Miscellaneous 

26.1.  Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Services and usage of Platform. 

26.2.  If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effectand enforceable. 

26.3.  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. 

26.4.  TheTerms and Conditions are personal to you, and are not assignable or transferable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations here underwithout any consent.

26.5.  Noagency, partnership, joint venture, or employment relationship is created as aresult of the Terms and Conditions and neither party has any authority of anykind to bind the other in any respect. All notices under the Terms andConditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent fornext day delivery by recognized overnight delivery service.

26.6.  All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service. 

27. Grievance Redressal Mechanism

Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to: 

‍Attention: Lakshmi Prasanna Dhanisetty
‍EmailID: prasanna.dhanisetty@apxor.com
Address: Room 212, CIE Cloud City, Vindhya C4, Gachibowli, Hyderabad -500032.

The grievance officer will acknowledge the receipt of anycompliant within forty-eight hours and redress the complaint within one month from receipt of the complaint.

28.  Contact 

If you have any questions regarding the Services or usage of the Platform, please contact Company at support@apxor.com.
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