CUSTOMER TERMS OF USE

These Terms of Use (“Terms”) describe the terms under which Seekify Technologies Private Limited

(“We”, “Our”, “Us”) provide a user of Our Service(s) (“You”, “Your” or “User”) access to and use of Our Service(s)

via our Platform. By accessing and/or using Our Platform, a) You agree to be bound by these Terms and

acknowledge having read the privacy policy (“Privacy Policy”); b)You warrant to us that you are of

18 years or above and are competent to enter into this agreement and c) You warrant that, in the event

You are entering into these Terms on behalf of any entity/company or its group, You possess the

requisite authority to bind such entities, company or its groups to these Terms. If You do not agree to

these Terms, You should immediately cease using Our Service(s) and exit from Our Platform.

We reserve the right to change, modify or otherwise alter these Terms at any time without prior

notice. Such changes and/or modifications shall become effective immediately upon being posted on

the Platform herein. It is Your responsibility to review these Terms periodically for updates/

changes. Your continued use of the Services following the posting of changes/ modifications shall

constitute Your acceptance to the revised Terms.


1. GRANT OF RIGHTS

1.1. Subject to Your compliance with these Terms, You shall have the limited, non-exclusive,

revocable right to access and use the Platform and the Services it offers purely for personal

and non-commercial use. The Service(s) offered to You are constantly evolving and being

improved upon, and thus, may change from time to time without prior notice to You. In

addition, We may stop (permanently or temporarily) providing the Service(s) to You without

any prior notice. We also retain the right to create limits on use and storage at Our sole

discretion without prior notice to You.


2. USER ACCOUNT

2.1. In order to access the Platform and use our Service(s), You shall create and register an

Account by filling in Our online registration form. The registration form shall include details

such as Your name, email id, phone number and any other such information required. By

registering, You agree that all information provided by You is true and accurate and that You

will maintain and update this information as and when required. In the event wherein the

information disclosed by You is identified as inaccurate/false, We have the right to suspend

or terminate Your Account and to refrain from providing You access to any and all current or

future use of the Services.


3. ACCEPTABLE USE

3.1. You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute,

time share or otherwise commercially exploit or make the Platform and/or Service(s)

available to any third party; (b) modify, adapt, or hack the Platform and/or Service(s) or

otherwise attempt to gain or gain unauthorized access to the Platform and/or Service(s) or

related systems or networks; (c) use the Platform and/or Service(s), store or transmit data in

violation of applicable laws and regulations, including but not limited to violation of any

person’s privacy rights; (d) use the Platform and/or Service(s) to store or transmit any

content that infringes upon any person’s intellectual property rights or is unlawful, racist,

hateful, abusive, libelous, obscene, or discriminatory; (e) use the Platform and/or Service(s)

to knowingly post, transmit, upload, link to, send or store any viruses, malware, trojan

horses, time bombs, or any other similar harmful software.

3.2. In the event of violation of terms under clause 3.1, We shall have the right to takedown any

User Content in addition to the right to suspend or terminate Your Account and to refrain

from providing You all current or future use of the Service at Our discretion.

3.3. You agree to undertake appropriate steps to ensure that your use of the Services complies

with all applicable laws including the local laws in your jurisdiction.

3.4. You understand that the quality of the User Content may vary from device to device, and

may be affected by a variety of factors, such as location, speed of Your internet connection

etc. You agree and acknowledge that you are responsible for all internet charges incurred for

using the Platform.


4. DISCLAIMERS REGARDING USER CONTENT

4.1. You understand that you are using the Platform and/or Service(s) and accessing the User

Content on your volition and that You may be exposed to User Content that might be

offensive, harmful and/or inaccurate. You acknowledge that We neither endorse nor assume

any liability for the User Content uploaded or submitted by other Users. You agree and

acknowledge that We have no obligation to pre-screen or monitor, or edit the User Content

posted by Users through the Services that may be available on the Platform. However, We

reserve the right wherein We may elect to pre-screen, monitor or edit any User Content to the

extent required to be in compliance with applicable laws and these Terms.


5. INTELLECTUAL PROPERTY RIGHTS

5.1. Except for the rights granted to You under clause 1, all rights, title and interest in and to all

intellectual property and/or proprietary rights, title and interest in or related to the Platform

and the Service(s) , including patents, inventions, copyrights, trademarks, domain names,

trade secrets or know-how (collectively, “Intellectual Property Rights”) shall belong to and

remain exclusively with Us.

5.2. You hereby grant Us a worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable

and transferable license to use, reproduce, prepare derivative works of, display, modify, re-

brand, publish, adapt, make available online or electronically transmit, and perform and

distribute such User Content to all Users to stream and download and to use the User Content

to advertise and promote the Platform and Service(s).

5.3. We shall also have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and

perpetual license to incorporate into the Service(s) or otherwise use any of Your suggestions,

enhancement requests, recommendations or other feedbacks. All rights not expressly

provided to You herein are reserved.


6. SUSPENSION AND TERMINATION

6.1. These Terms will continue to apply until Your Account is terminated by either You or Us.

We reserve the right to terminate, suspend or restrict Your Account or Your use of the

Platform at any time, without notice if We identify that You have violated these Terms or

applicable laws.

6.2. Following the termination of Your Account either by You or by Us, You may contact Us for

the deletion of your information.


7. DATA COLLECTION AND PRIVACY

7.1. You agree and understand that We collect, store and use any information that You provide to

Us, subject to Our Privacy Policy. By agreeing to these Terms, You hereby agree to Our

Privacy Policy, which may be updated by Us from time to time.


8. DISCLAIMER OF WARRANTIES

8.1. THE PLATFORM AND THE SERVICE(S) ARE PROVIDED ON AN “AS IS” AND “AS

AVAILABLE” BASIS. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND

WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY

EXCLUDED.

8.2. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE ACCESS TO THE

PLATFORM AND ITS SERVICES, WHICH IS PROVIDED OVER INTERNET AND

VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND

OUR CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR

FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.


9. LIMITATION OF LIABILITY

9.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

WILL WE BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL,

SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING,

WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST

SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, IMPACT ON

BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS

OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF

LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT,

WARRANTY, BREACH OF STATUTORY DUTY,NEGLIGENCE OR OTHERWISE,

EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES

OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY AND THAT OF

OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND

LICENSORS, RELATING TO THE PLATFORM AND/OR THE SERVICE(S), WILL BE

LIMITED TO INR (INDIAN RUPEES) 100 (ONE HUNDRED).

9.2. IN JURISDICTIONS WHICH DO NOT PERMIT THE EXCLUSION OF IMPLIED

WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE

GREATEST EXTENT PERMITTED BY LAW.


10. INDEMNIFICATION

10.1. You hereby agree to defend, indemnify and hold harmless Us, our Affiliates, licensors, third

party partners, officers, directors, employees and agents, from and against any and all

claims, damages, actions, losses, liabilities, costs, and expenses (including but not limited to

attorney's fees) arising from: (i) Your use of and access of the Platform and its Service; (ii)

Your User Content contributed to the Platform (iii) Your violation of these Terms; (iv) Your

violation of any third party rights (v) Your violation of any applicable laws. This

indemnification obligation will survive the expiry or termination of these Terms and Your

use of the Service.


11. MISCELLANEOUS

11.1. Entire Agreement: The Terms and Our Privacy Policy are the entire and exclusive

agreement between Us and You regarding the Platform and the Services and these Terms

supersede and replace any prior agreements between Us and You regarding the Platform and

its Services.

11.2. Severability; No Waiver: If any provision in these Terms is held by a court of competent

jurisdiction to be unenforceable, such provision shall be modified by the court and

interpreted so as to best accomplish the original provision to the fullest extent permitted by

applicable law, and the remaining provisions of these Terms shall remain in effect. Our non-

exercise of any right under or provision of these Terms does not constitute a waiver of that

right or provision of these Terms.

11.3. Relationship of the Parties: The Parties are independent contractors. These Terms do not

create a partnership, franchise, joint venture, agency, fiduciary or employment relationship

among the Parties.

11.4. Survival: All clauses which, by their nature are intended to survive, including without

limitation Clauses 5 (Intellectual Property Rights), 8 (Disclaimer of Warranties), 9

(Limitation of Liability), 10 (Indemnification), 11 (Miscellaneous) and 12 (Definitions) shall

survive the termination/expiry of these Terms. Termination shall not limit either party’s

liability for obligations accrued as of or prior to such termination or for any breach of These

Terms.

11.5. Notices and Consent to Electronic Communications: All notices from Us under these Terms

may be delivered in writing (i) by nationally recognized overnight delivery service

(“Courier”) or to the contact mailing address provided by You while subscribing to the

Service(s); or (ii) electronic mail to the e-mail address provided to Your Account. Our

address for a notice is: arihant@seekify.com by electronic mail. All notices shall be deemed to have been

given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt

or, if earlier, two (2) business days after being deposited in the mail or with a Courier as

permitted above.

11.6. Governing Law and Dispute Resolution: These Terms shall be governed by the laws of

India, without regard to any conflict of laws principles. You hereby expressly agree to

submit to the exclusive personal jurisdiction of the courts at New Delhi, India. Any dispute,

claim or controversy arising out of or relating to these Terms or the breach, termination,

enforcement, interpretation or validity thereof, including the determination of the scope or

applicability of these Terms to arbitrate, shall be determined by arbitration in accordance

with the Arbitration and Conciliation Act, 1996 (including any amendments thereof). The

seat shall be New Delhi, India and the language used shall be English. The dispute shall be

resolved by a sole arbitrator who shall be mutually appointed by the Parties. The Parties may

agree to hold and conduct the arbitration proceedings by virtual participation through video

call or voice call.


12. DEFINITIONS

12.1. Account: means any accounts or instances created by or on behalf of User for access and

use of the Platform and its Service(s).

12.2. API: means the application programming interfaces developed, enabled by or licensed to Us

that permits access to certain functionality provided by the Service(s).

12.3. Documentation: means any written or electronic documentation, images, video, text or

sounds specifying the functionalities of the Service(s) provided or made available by Us to

Users through the Service(s) or otherwise

12.4. Platform: refers to the mobile application called Seekify’s “Seekho” (which is an online

short video format, user-based community seeking to impart knowledge and encourage

learning), through which Service(s) to the Users are provided.

12.5. Seekify Content: includes the text, software, scripts, graphics, photos, sounds, music,

videos, audio-visual combinations, interactive features, message boards, chat, and other

original content of Ours that a User may view or access through the Platform.

12.6. Service(s): mean the services provided by Us which includes features provided on the

Platform that allows Users of the Platform to interact with each other, Seekify Content and

shall include any updates, modifications or improvements to the Service(s), including

individually and collectively, the Software, the API and any Documentation.

12.7. Software: means software provided by Us (either by download or access through the

internet) that allows a User to use any functionality in connection with the Service(s).

12.8. User Content: means the content posted, uploaded, transmitted, shared, stored or

downloaded by the User and includes texts, photos, graphics, sounds, videos, audio-visual

combinations and all other forms of content shared amongst other Users.