These Terms and Conditions are a legal and binding Agreement
between You (“the User”) and Datapuls AI (hereinafter referred
to as "Datapuls AI"). Terms and
Conditions state the grounds on which the User can use and/
or register with this
Datapuls AI (“App”/ “Website”/ “Us”/ “We”/ “Our”/ Datapuls AI). Terms and Conditions are updated from time to time at Our
sole discretion and the most updated version is available on
the Site at all times along with the date of last revision.
Continued use by the User of the Site after any revision
indicates the User’s acceptance of the updated/ revised
Terms and Conditions.
- 1. Eligibility
- Minimum Age : User of the Site must be at least 18 years old to use or to register on the App for the Services. By using the Services on the Site, the User represents and warrants that he/ she is a minimum 18 years old. It is possible that certain Services may have other age requirements and such other age requirements are stated at the relevant places.
- Criminal History. By requesting to use, registering to use, and/or using the Service, the User represents and warrants that the User has never been convicted under any law governing us or the User. Datapuls AI reserves the right to conduct a criminal background check, at any time and using available public records, to confirm possibility of misrepresentation. By agreeing to these Terms and Conditions, the User consents to and authorises such check.
-
Verification. By agreeing to the Terms and
Conditions, User hereby authorises Datapuls AI (and its
third party authentication agency) to conduct
verification checks on the User/ You.
User agrees and understands that Datapuls AI or its third party expert service provider and their associates are not the author or creator of the information coming forth in the Verification Checks. Under this premise and limitations, Datapuls AI or its third party expert service provider or their associates do not warrant accuracy, validity or completeness of the content of the Verification checks. Datapuls AI, expressly disclaims that the Verification checks will meet the User’s aspirations or expectations and shall be performed in an uninterrupted manner. Verification check verifies the existence of the facts and information provided by the User, it does not verify the authenticity of the facts itself.
- 2. Use of App / Website & Services
- Personal Use : Once an account is created with on Datapuls AI, it is for the User’s personal use only. The User may not authorize others to use the account. The account with the Site is non assignable and non-transferable to any third party whether a person or an entity. The User acknowledges and confirms that Datapuls AI is not responsible for third party access to the User’s account that results from theft, hacking or misappropriation of user names and passwords.
- Geographical : The User agrees to at all times use the Services in a manner consistent with this Terms and Conditions and any and all applicable local, state, national and international laws and regulations, including, but not limited to, the one’s of the location where the User is located or is a national of. By using the Services, as a User You represent that you have not been designated by any applicable law or regulation as a person / entity to whom the provisions of the Services can not be provided and who is prohibited from receiving the Services. Registration for, and use of, the Services become void if the same have been prohibited and the User uses or registers with the App. You are responsible for determining whether the user of the Services is legal in your jurisdiction
- Information Submitted : The User is solely responsible for, and assume all liability regarding, (i) the information and content provided at the App for the Service; (ii) the information and content the User posts, transmits, publishes, shares or otherwise makes available (hereinafter"Post") to Datapuls AI for the Services; (iii) User interactions with other Registered Users through the Services; and (iv) the information provided in the Personality Assessment.
- Risk Assumption and Precautions : The User is expected to use his / her best judgement in experiencing any of the benefits/ requirements of the Services / App. The User agrees to take all necessary precautions when meeting individuals through the App and under the Services. In addition, the User agrees and confirms to review and follow the recommendations set forth in the App as pointers to Safety and/ or mailed to User from time to time. The User undertakes to adhere to the Safety pointers and shall all times be responsible for all outcomes of meeting/ sharing information and/ or being in a short or a long term relationship through the Services/ App. It is accepted and understood by the User that at all times the User shall use his/ her judgement and discretion in receiving the Services through the App.
- No Guarantee : Furthermore, Datapuls AI does not make any representations or guarantees regarding the expectations of the User in relation to usage of the Website / App which are not explicity scoped out in the agreement. The User fully understands and accepts that Datapuls AI makes no guarantees, either express or implied, direct or indirect, regarding User’s ultimate compatibility.
- Background and Verification Checks : Datapuls AI engages with third party experts for conducting basic background verification checks and does not take any guarantees for the same other than as offered, represented, warranted and undertaken by such third party experts providing these services to Datapuls AI. By accepting the Terms and Conditions and having a Registered Account with the App, the User has agreed to get the Self Verification Process completed. User agrees and accepts that if the User refuses/ fails to get the Verification check completed then, Datapuls AI at its sole discretion, without any recourse from the User, have the right to terminate the Account. The set of Services offered at the App are linked to completion of the Verification process and the User may receive corresponding permits based on the Verification.
- Content Removal : Datapuls AI reserves the right, but has no obligation, to monitor the information or material User submits to the App or in the public areas of the Services or linked to other public sites. Datapuls AI at all times reserves all rights to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Terms and Conditions or the integrity of any other User or upon the request/ report of any third party. Datapuls AI reserves the right to remove users, in its sole discretion, in order to maintain the quality of experience and authenticity of the App, without any recourse from the User.
- Posting and Communication Restrictions. The User will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the App, which:
- promotes any kind of discriminatory material, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
- contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without prior approval of the owner;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- intended to defraud, swindle or deceive other users of the Services;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses anything or other automated technology to access the Site or Services;
- uses the Site or Services for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18 years of age; or
- is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
- No False Information. By registering with the App, the User undertakes not to provide inaccurate, misleading or false information to Datapuls AI or to any other user or recommended/ suggested matches. If information provided to Datapuls AI, or at the App or another user subsequently becomes inaccurate, misleading or false, within the User’s knowledge then the User will promptly notify the App of such change or discontinue usage of the App/ Services if User does not require the Services any longer.
- No Advertising or Commercial Solicitation. The User undertakes not to advertise or solicit any user to buy or sell any products or services through the App. User is strictly prohibited against transmitting any chain letters, junk or spam e-mail to other users. Further, no User shall use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent of Datapuls AI and the other such User. It is clarified that any such use of information shall be to the sole liability and responsibility of the User engaging in such activity. Breach by any of the Users of the terms of this subsection and sending or posting unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services will cause substantial harm to Datapuls AI, and that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, the User shall be liable and agrees to pay Datapuls AI a minimum of USD 10,000.00 for each such unsolicited communication.
- Single Bona Fide Profile. As a Registered User of the Service, the User is expected to create only one bona fide profile. From time to time, Datapuls AI creates test profiles in order to monitor the operation of the Services and also offers a feature to refer profiles/ prospective Users. The Users, at their will, can accept these offers and refer profiles to Datapuls AI. All references on the App, made by a User shall be of his/ her free will and wish.
- Selection of Profiles. Datapuls AI may offer promotions from time to time on the App and in the context of the Services. Please note for any promotions on the App, the User shall be under no obligation to accept the same. The User acknowledges and accepts that the decision to whether or not to accept the promotion offered or meet or to proceed with meeting or engaging in any relationship with any suggested/ recommended matches will be the sole discretion of the User in question, Datapuls AI shall not be liable or responsible for any outcome whatsoever of such suggestions/ recommendations of matches or offering the promotions on the App. It is clarified that all suggestions/ recommendations are made in good faith and with intentions of well being whether or not to explore those suggestions/ recommendations are solely and totally in the judgement and assessment of the User. User is encouraged to review Our Safety pointers while proceeding with any match in a more committed manner.
- No Harassment of Datapuls AI Employees or Agents. The User is prohibited from harassing, annoying, intimidating or threatening any Datapuls AI employees or agents engaged in providing any portion of the Services. If any User breaches this provision of these Terms and Conditions, then Datapuls AI may take any legal action it deems appropriate against such User without prejudice to Datapuls AI’s any other rights in law or tort.
- Social Media. The App may provide User the option to connect your account to any account on some social networking sites (such as via Facebook, twitter etc.) for the purpose of logging in, uploading information or enabling certain features on the Service. Please note, Datapuls AI owes no responsibility for privacy practices of such websites which are not owned, controlled or managed by Datapuls AI. If in following such links User may be asked to share any information governed under these provisions with the third party websites and thus the User shall be solely responsible for sharing and handling, storing, possessing and use of that information with such third party websites. Usually, third party websites are governed by their own Privacy guidelines and the User is encouraged to review these carefully to understand the handling of information at third party sites. The User is aware and confirms that in such a scenario User will be governed and bound by the policies of the third party website and Datapuls AI will not be liable in any manner for any misuse, thereunder. Each social network allows User to set privacy controls around on their system, and Datapuls AI's collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by Datapuls AI and each social networking site involved, and therefore the available features and shared information are subject to change without notice or consent of the User. All information shared on the App by the User is used in compliance with the Privacy Policy on the App. We recommend User reads the Privacy Policy on the App, carefully.
- Third Party recommendations. Users registered/ registering on the App from third party corporate recommendations will have to follow all procedures and requirements specified on the App including the Verification Process and shall be governed by these Terms and Conditions and the Privacy Policy and are expected to consider Our Safety Guidelines provided on the App. There is no preferred User status for any User on the App. All third party corporations recommending the Site among their work force do so as per their company policies and do not incur any liability from doing so or their referred User receiving the Services on their account.
- 4. Proprietary Rights
- Ownership of Proprietary Information. The User confirms and agrees that Datapuls AI is the owner of highly valuable proprietary information, including without limitation, the platform, technology and other programming used to deliver the service or capabilities to the user (collectively, "Confidential Information"). Datapuls AI owns and hereby retains all proprietary rights in the Services / App, the information provided in the App, including but not limited to, all Confidential Information.
- No Use of Confidential Information. The User undertakes to not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted or copyrightable material, trademarks, or other proprietary information accessible via the App or the information on the App without first obtaining the prior written consent of Datapuls AI, who is the owner of such proprietary rights.
- Other Users' Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. The User undertakes not to copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Confidential Information of Datapuls AI or any information copyrighted or copyrightable or not of third party proprietary information available via the Services or the App.
- License to Posted or Accessed Content. By posting information or content to any profile pages or public area of the Services, or making it accessible to Datapuls AI by linking the User account with the App to any social network accounts (e.g. via Facebook, Instagram etc.), the User grants unconditionally and in perpetuity, and represents and warrants that the User has the right to grant, to Datapuls AI and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, Datapuls AI may create, test or implement new features or programs on the App in which the User may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, the User grants and unconditional and perpetual right to Datapuls AI and consents to terms and conditions (if any) of such features or programs.
- 5. User Information
- Privacy Statement. For information about the collection and possible use of information and material provided by the User on the App please review the Privacy Policy on the App.
- No Contact Information. User agrees that User will not post any e-mail addresses, personal website address, personal phone numbers on a third party website, or other contact information in the "About Me" section of the App or in any other communications the User may have with other users. The User may, at his/ her discretion, exchange such information after the User reaches “anonymous messaging” phase with the appropriate people based on their own consent.
- Disclosure By Law. The User is aware and agrees and consents unconditionally to disclosures of information on the App required to be made: i) under law by Datapuls AI; ii) at the request of a third party under various consent forms; iii) any investigative requirement, or if Datapuls AI, in its sole discretion, believes that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Datapuls AI's, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened; or (4) in support of a fraud/ legal investigation/ verification checks.
- Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Terms and Conditions or the Privacy Policy, Datapuls AI reserves the right, but has no obligation, to disclose any information that the User submits on the App, if in its sole opinion, Datapuls AI suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Information may be disclosed to authorities that Datapuls AI, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials, expert professional investigative agencies. The User understands the provisions of this subsection and grants Datapuls AI unconditional, perpetual right and permission to make such disclosure.
- Use of Anonymous Information for Research. By using the Services, the User permits Datapuls AI to anonymously use the information from the User and User experiences through the Services to continue / contribute to Datapuls AI's research to improve the experience and quality of the App. Such research is conducted by psychologists and behaviour research scientists on the panel of Datapuls AI, and may be published in academic journals. However, all of User responses will be anonymous, and nothing containing User’s personal identifying information shall be published.
- 6. Disclaimer of Warranty
- No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Datapuls AI PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" AND “BEST EFFORTS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, DIRECT, INDIRECT STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE RESULT OF THE SERVICES OR THE APP (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF CORRECTNESS, VALIDITY, ACCURACY APPRORPRIATENESS, FITNESS, COMPATIBILITY FOR A PARTICULAR PURPOSE OR OUTCOME OR NON-INFRINGEMENT. Datapuls AI DOES NOT WARRANT THAT THE USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET THE USER’S REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR RESULT IN THE DESIRED RESULTS. NOR DOES IT REPRESENT OR WARRANT THAT ANY PERSON IS OF THE HIGHEST COMPATIBILITY. Datapuls AI DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES AT ALL TIMES AND THE RESULTS OF THE USE OF THE SERVICES. Datapuls AI DISCLAIMS LIABILITY FOR THE OUTCOME OF THE VERIFICATION CHECKS FOR PARTICUALR USER EXPECTATIONS OR ASPIRATIONS AND VERIFICATION OF FACTS AND INFORMATION PROVIDED BY THE USER FOR SELF VERIFICATION/ VERIFICATION CHECKS. ANY THIRD PARTY ENTITY OR CORPORATE RECOMMENDING THESE SERVICES TO ANY USER WILL NOT BE LIABLE FOR ANY SERVICES OR RESULTS THEREOF PROVIDED TO THE USER. Datapuls AI NOR ANY THIRD PARTY RECOMMENDING ENTITY WARRANTS ANYTHING ABOUT THE USAGE, RESULTS, OUTCOMES, PERFORMANCE OF THE SERVICES, EITHER DIRECTLY OR INDIRECTLY AT ANY POINT IN TIME. ALL RISKS OF RECEIVING THE SERVICES IS TO THE ACCOUNT OF THE USER WHO IS IN COMPLETE AWARENESS AND WILLINGNESS WITHOUT ANY FORCE SUSBSCRIBING TO THE SERVICES.
- Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Datapuls AI, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Datapuls AI DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Datapuls AI, OR (iii) THE BACKGROUND VERIFICATION INFORMATION PROVIDED BY THE THIRD PARTY EXPERT SERVICE PROVIDER AGENCY. UNDER NO CIRCUMSTANCES WILL Datapuls AI BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
- New Features. From time to time, Datapuls AI may offer new features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Datapuls AI's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
- 7. Limitation of Liability
- Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Datapuls AI BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, RESULT OF USING THE SERVICES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR RECOMMENDATION OF THE APP, OUTCOME OF VERIFICATION CHECKS, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Datapuls AI KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL Datapuls AI BE LIABLE FOR ANY LIQUIDATED OR PUNITIVE DAMAGES.
- No Liability for Actions not by Datapuls AI TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Datapuls AI BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, LIQUIDATED, PUNITIVE ARISING OUT OF OR RELATING TO RECOMMENDATION OF THE APP OR SERVICES, THE CONDUCT OF USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, FINANCIAL LOSS AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES OR AS A RESULT OF USING THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM OTHER USERS.
- Information Verification. Datapuls AI and its contractors may use various ways, including engaging third party information verification service providers of verifying information that users have provided. However, none of those ways are perfect, and the User agrees that Datapuls AI and its contractors will have no liability towards the User arising from any incorrectly verified information. At all times the User has the right to undertake information verification of matched users with whom the User is desirous of progressing and exploring.
- 8. Indemnification.
- 9. Communication & Privacy
- 10. Termination
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10.1 These Terms and Conditions become effective upon the User logging / registering on the App and will remain in effect in perpetuity unless terminated hereunder. Either the User or Datapuls AI may terminate the User account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Datapuls AI reserves the right to immediately suspend or terminate the User’s access to any of the Services, without notice, for any reason or no reason. Datapuls AI also reserve the right to remove the User’s account information or data from Services and any other records at any time at Datapuls AI's sole discretion. Datapuls AI does not use the User’s information once this Terms and Conditions are terminated or the Services are not being used, however, some information/ data about the User may remain archived with Datapuls AI. In the event the account is terminated or access denied or suspended due to the breach of these Terms and Conditions or any other reason, then the User agrees that fees paid to Datapuls AI (if any) will be nonrefundable and all outstanding or pending payments will immediately become due and accelerated payment. The User may terminate the account by accessing the Account Settings or the User can stop accessing the Site and using and receiving the Services. Non payment of renewal fees on time will also be an indication of the User’s desire to terminate his/ her account and discontinue receiving the Services. Following any termination of any Registered User's use of the Service, Datapuls AI reserves the right to send a notice thereof to other Registered Users with whom the User has corresponded. If the User wishes to continue exchange with any of the other users after terminating this Terms and Conditions, then that will be at the sole discretion, responsibility and liability of such Users and Datapuls AI will not be responsible for any outcome/ impact or result of such interactions.
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10.2 Termination shall not affect any liabilities incurred by the User prior to the termination or for acts performed while registered with the App which may result in a dispute post termination nor any provision expressed to survive or to be effective on termination shall expire. The obligations set out in this Section shall remain in full force and effect notwithstanding termination.
- 11. Disclaimer
- 12. LIMITATIONS OF LIABILITY
- 13. Force Majeure
- 14. Dispute Resolution
- 15. Other Provisions
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15.1 Agency: This is a principal-to-principal relationship and does not attempt to create any employee-employer or agency relationship. Services are being provided by Us as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between the Parties hereto or any affiliates or subsidiaries thereof or to provide the User with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of Datapuls AI.
- 15.2 Assignments: Datapuls AI may assign, in whole or in part, the benefits or obligations of this Agreement to its associate’s of affiliates of other group company, or any other company, pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of the nature. Datapuls AI shall not require approval or consent of the User, it can at its discretion provide an intimation of such assignment to the User.
- 15.3 Waiver: Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
- 15.4 Survival of Provisions: Terms and Conditions will survive termination of the same by the User or by Datapuls AI.
- 15.5 Severability: If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
- 15.6 Notices: All notices, requests, demands, waivers and other communications required or permitted to be given hereunder shall be contact@Datapuls AI.app
- 15.7 Right to Seek Injunction: The User accepts and acknowledges that the breach of the Terms and Conditions may cause Datapuls AI irreparable harm, and thus confirms and accepts that Datapuls AI will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without any preconditions, in addition to and without prejudice to any other rights or remedies that Datapuls AI may have under law and tort.
- 15.8 Miscellaneous: Terms and Conditions, Privacy Policy and other policies on the App or made known by us from time to time, comprise the entire agreement between the User and us regarding the use of this Service, superseding any prior agreements/ correspondences between the User and us related to the User’s use of this App or Services (including, but not limited to, any prior versions of Terms and Conditions). If any provision of the Terms and Conditions are held invalid, the remainder will continue in full force and effect. The titles are for convenience only and have no legal or contractual effect.
BY USING OUR APP, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE APP AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR APP FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY.
The User agrees to indemnify, defend and hold harmless Datapuls AI, its affiliates, subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) the User’s use of or inability to use the Site or Services, (b) any user postings made by the User , (c) the User’s violation of any terms of this Terms and Conditions or the User’s violation of any rights of a third party, or (d) the User’s violation of any applicable laws, rules or regulations, or (e) the User’s providing any false information to Datapuls AI or conspiring and abetting with any third party for seemingly substantiating such false information to appear as true. Datapuls AI reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, the User will co-operate fully in asserting any available defences in such case.
Datapuls AI may use the User email address to send messages notifying of important changes/ updates to the Services or special offers. User can at any time opt out of this if User does not want to receive such email messages. Users are requested to review our Privacy Policy carefully to understand the usage indicated here.
YOUR USE OF THE APP IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE APP ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER ORGANIZATION, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE APP. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE APP MAY BE OUT OF DATE, AND NEITHER ORGANIZATION, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ORGANIZATION OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
DATAPULS AI DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS APP, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS APP. IN NO EVENT WILL ORGANIZATION, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE APP, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE APP, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Neither Organization nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
In case of any dispute arising out of or in connection with this Terms and Conditions, the User agrees to first try to resolve the dispute informally by contacting the Customer Support Team at contact@Datapuls AI.app but if that doesn't resolve that then it shall be through arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be held in the city of Delhi, India. The language of the arbitration shall be English. The arbitration award shall be final and binding on the parties. The User agrees that the arbitration award may be enforced in any court of competent jurisdiction.
Any claim relating to, and the use of, this App and the materials contained herein is governed by the laws of India. You consent to the exclusive jurisdiction of the state and supreme courts located in Delhi, India. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to our App, and operation of the App may be interfered with by numerous factors outside of our control. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by Organization in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive this agreement shall survive any termination or expiration of this Agreement.