Terms and Conditions

Agreement To Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Sookshum Labs Technologies Private Limited, doing business as Sookshum Labs (“Sookshum Labs,” “we,” “us,” or “our”), concerning your access to and use of the https://www.sookshum-labs.com website as well as any other related media form, media channel, mobile website, or mobile application (collectively, the “Site”). We are Sookshum Labs Technologies Private Limited, a company registered in India.

You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you to any changes by updating the “Last updated” date, and you waive any right to receive specific notice of each such change. Please ensure you check the applicable Terms every time you use our Site — continued use after a revised version is posted means you accept the changes.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation. The Site is not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.) or the Gramm-Leach-Bliley Act (GLBA) — if your interactions would be subject to such laws, you may not use this Site. The Site is intended for users who are at least 18 years old; persons under 18 are not permitted to use or register for the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property and unfair competition laws. The Content and Marks are provided “AS IS” for your information and personal use only.

Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our express prior written permission. Provided you are eligible to use the Site, you are granted a limited license to access and use it, and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in the Site, the Content, and the Marks.

User Representations

By using the Site, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make it available, and it may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. As a user of the Site, you agree not to:

• Systematically retrieve data or other content to create or compile a collection, compilation, database, or directory without our written permission.
• Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including those preventing or restricting use or copying of Content, or enforcing usage limits.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site, or use information obtained from the Site to harass, abuse, or harm another person.
• Make improper use of our support services, or submit false reports of abuse or misconduct, or use the Site inconsistently with applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Site, or upload/transmit viruses, Trojan horses, or other disruptive material, including excessive capitalization or spamming.
• Engage in any automated use of the system — scripts, data mining, robots, or similar data-gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content, or impersonate another user or person.
• Upload or transmit material that acts as a passive or active information collection or transmission mechanism (gifs, 1×1 pixels, web bugs, cookies, or similar “spyware”/“passive collection mechanisms”).
• Interfere with, disrupt, or create an undue burden on the Site or its connected networks or services, or harass, intimidate, or threaten our employees or agents.
• Attempt to bypass any measure of the Site designed to prevent or restrict access, or copy or adapt the Site’s software (Flash, PHP, HTML, JavaScript, or other code).
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software making up the Site.
• Use, launch, develop, or distribute any automated system (spider, robot, cheat utility, scraper, or offline reader) that accesses the Site, except as may be the result of standard search engine or browser usage.
• Use a buying or purchasing agent to make purchases on the Site, or make unauthorized use of the Site, including collecting usernames/emails by electronic or other means, or creating accounts by automated means or false pretenses.
• Use the Site as part of any effort to compete with us, or otherwise use the Site and/or Content for any revenue-generating endeavor or commercial enterprise.

User Generated Contributions

The Site does not currently offer users the ability to submit or post content. We may, however, provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site — text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively, “Contributions”). Contributions may be viewable by other users and through third-party websites, and any Contributions you transmit may be treated in accordance with our Privacy Policy.

When you create or make available any Contributions, you represent and warrant that: the creation, distribution, transmission, and public display of your Contributions do not and will not infringe the proprietary rights of any third party; you own or have the necessary licenses, rights, consents, and permissions to use and authorize us and other users to use your Contributions as contemplated by these Terms of Use; you have the written consent of every identifiable individual person in your Contributions to use their name or likeness; and your Contributions are not false, inaccurate, or misleading, not unsolicited or unauthorized advertising or spam, not obscene, lewd, violent, harassing, or otherwise objectionable, do not ridicule or abuse anyone, do not violate any applicable law, regulation, or third party’s privacy or publicity rights, and do not otherwise violate any provision of these Terms of Use.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

Contribution License

You and the Site agree that we may access, store, process, and use any information and personal data that you provide, following the terms of the Privacy Policy and your choices. By submitting suggestions or other feedback about the Site, you agree that we can use and share that feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions — you retain full ownership of all of your Contributions and any related intellectual property rights. We are not liable for any statements or representations in your Contributions, and you are solely responsible for them and agree to exonerate us from any responsibility and to refrain from any legal action against us regarding your Contributions.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site (“Submissions”) provided by you are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, warrant that they are original with you or that you have the right to submit them, and agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Third-Party Website And Content

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, software, and other content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Content are not investigated, monitored, or checked for accuracy or completeness by us, and we are not responsible for them, including their content, accuracy, privacy practices, or other policies. Inclusion of or linking to any Third-Party Website or Content does not imply our approval or endorsement.

If you decide to leave the Site to access a Third-Party Website or use/install Third-Party Content, you do so at your own risk, and these Terms of Use no longer govern — you should review the applicable terms and privacy practices of any site you navigate to. Any purchases through Third-Party Websites are exclusively between you and that third party, and we take no responsibility for them; you agree to hold us harmless from any harm, loss, or damage relating to or resulting from any Third-Party Content or contact with Third-Party Websites.

Controls For Do-Not-Track Features

Most web browsers and some mobile operating systems and applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized, so we do not currently respond to DNT browser signals or any other mechanism that automatically communicates a choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you in a revised version of this notice.

Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including reporting such user to law enforcement; (3) refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof, in our sole discretion; (4) remove from the Site or otherwise disable files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Site to protect our rights and property and facilitate its proper functioning.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in India — if you access it from any other region with laws governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use you are transferring your data to India, and you agree to have it transferred to and processed there.

Term And Termination

These Terms of Use remain in full force and effect while you use the Site. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses) to any person for any reason or for no reason, including breach of any representation, warranty, or covenant in these Terms or of any applicable law. We may terminate your use or participation, or delete any content or information you posted, at any time without warning, in our sole discretion.

If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even on their behalf. We reserve the right to take appropriate legal action in addition to termination or suspension, including civil, criminal, and injunctive redress.

Modifications And Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason, at our sole discretion and without notice — we have no obligation to update any information on the Site, and may modify or discontinue all or part of it without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times — we may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance. Nothing in these Terms obligates us to maintain and support the Site or to supply any corrections, updates, or releases.

Governing Law

These Terms shall be governed by and defined following the laws of India. Sookshum Labs Technologies Private Limited and you irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute arising in connection with these Terms.

Dispute Resolution

You agree to irrevocably submit all disputes related to these Terms, or the relationship established by this Agreement, to the jurisdiction of the courts of India. Sookshum Labs Technologies Private Limited also maintains the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information on the Site at any time, without prior notice.

Disclaimer

The Site is provided on an as-is and as-available basis. You agree that your use of the Site and our Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use of it, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties about the accuracy or completeness of the Site’s content, or the content of any linked websites, and assume no liability for any errors or inaccuracies in content, personal injury or property damage resulting from your access to and use of the Site, unauthorized access to our secure servers and any information stored therein, any interruption or cessation of transmission to or from the Site, any bugs or viruses transmitted through the Site by any third party, or any errors or omissions in content or any loss or damage incurred from content posted, transmitted, or otherwise made available via the Site.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website, and we will not be a party to or responsible for monitoring any transaction between you and third-party providers. As with any purchase through any medium, you should use your best judgment and exercise caution where appropriate.

Limitations Of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, or loss of data, arising from your use of the Site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary herein, our liability to you for any cause, regardless of the form of action, will at all times be limited to the amount paid, if any, by you to us during the one (1) month period prior to any cause of action arising. Certain laws do not allow limitations on implied warranties or the exclusion of certain damages — if these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties in these Terms; (4) your violation of the rights of a third party, including intellectual property rights; or (5) any overt harmful act toward another user with whom you connected via the Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims; we will use reasonable efforts to notify you of any such claim upon becoming aware of it.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing its performance, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption.

Electronic Communications, Transactions, And Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site, and waive any rights or requirements under any statute, regulation, or other law in any jurisdiction requiring an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits other than by electronic means.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of that right or provision. These Terms of Use operate to the fullest extent permissible by law, and we may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site, and you agree that these Terms will not be construed against us by virtue of having drafted them.

Contact Us

In order to resolve a complaint regarding the Site, or to receive further information regarding use of the Site, please contact us at [email protected].