Terms and Conditions
We guarantee your data privacy
These terms and
conditions ("Terms
of Service") set out the terms and conditions for use of
https://techbuddyai.com/ (the "Site") and
any features, subdomains, content (except as specified hereunder),
functionality, products, services (including the Services), media,
applications, or solutions offered on or through the Site and/or through any
modes, medium, platform or format (hereinafter collectively referred to as the
"Platform"/
"Techbuddy AI
Platform").
These Terms of Service
apply to all users of the Platform, including without limitation, all users who
visit the Platform and any user who accesses the Platform and creates an
account on the Platform to use the Services collectively referred to as "you",
"your",or "User(s)"). These Terms of Service along with
the Privacy Policy, and
any other terms and conditions, rules, policies or guidelines included in these
Terms of Service or Privacy Policy by reference and/or as updated on the
Platform or otherwise communicated to you from time to time (including terms
and conditions of other third party platforms that may be used or accessed for
gaining access to the Platform or using the Services on the Platform
(collectively referred to as the "Platform Term(s)"), defines the relationship
between you and Techbuddy AI, and they shall govern your use of the Platform
and the Services (defined below) offered therein. Your access to the Platform
and use of Services is subject to your acceptance of the Platform Terms and
such acceptance of the Platform Terms forms a legally binding agreement between
you and Techbuddy AI ("Agreement"). Hence, please take your time
to read the Platform Terms in their entirety.
From time-to-time,
updated versions of the Platform Terms may be made available as aforesaid for
your reference. By visiting and accessing the Platform, providing your Personal
Information (as
defined in the Privacy Policy), using the Services offered or
by otherwise signing your agreement when the option is presented to you, you
hereby expressly accept and agree to the Platform Terms. If you do not agree to
any of the terms or do not wish to be bound by them, then please do not use the
Platform in any manner.
When we speak of "Techbuddy AI",
"we", "us", and "our", we collectively
mean Unacademy
Inc. – a company incorporated in Delaware, USA and all of its
affiliates which have license to host the Platform and offer Services. Kindly
refer to the ‘About
Techbuddy AI’ section of these Terms of Service to know more
about Techbuddy AI.
All capitalized terms
are defined/have the meaning assigned to it under these Terms of Service. In
other words, if you find any word herein that has its first letter capitalized,
then it means that we have explained the meaning such word has in the context
of these Terms of Service and/or the Platform Terms; if not here, then it will
be provided in the relevant Platform Terms – when we refer to any such term in
these Terms of Service, we will try and specify where in the Platform Terms you
can find the meaning/definition.
Table of Contents
·
About Techbuddy AI
·
Platform Services
·
Eligibility and Access
to the Platform
·
Your Accounts
·
Use of the Platform
·
Termination of Account
·
Intellectual Property
Ownership and License
·
Claims relating to the
use of third-party Intellectual Property
·
Ownership of Techbuddy
AI Intellectual Property
·
Techbuddy AI’s Rights
·
Platform Availability
·
Pricing, Payments and
Refund
·
Communications
·
Privacy Policy
·
Feedback
·
Prohibited Use
·
Linked Websites
·
Disclaimer
·
Indemnity and Release
·
Limitation of Liability
·
OFAC (Office of Foreign
Asset Control)
·
Applicable Laws and
Jurisdiction
·
California Civil Code
Section 1789.3
·
General Provisions
·
Contact for User
Support/Queries
·
Contact Us
About Techbuddy AI: The Techbuddy AI Platform is
owned, managed, operated, and offered by Unacademy Inc, a company incorporated
in Delaware, USA having its place of business at c/o Vistra (Delaware) Ltd.,
3500 South Dupont HWY, Dover, Kent, Delaware- 19901.
Platform Services: Techbuddy AI is a Platform that
offers Services which uses AI to assist Users to generate content for specific
purposes ("Generated
Content") in response to content inputted by the User ("User Content Inputs").
For the purpose of the
Platform Terms, usage of the terms "Platform Services"/ "Services" shall
mean and include all the services referred to in this section and such other
products or services as may be offered by Techbuddy AI through the Platform
and/or in association thereof.
Eligibility and Access to the Platform:
The Platform is intended
for access and use by Users aged 18 or older. If you are not at least 18
years old, you are prohibited from accessing or using the Platform. Users may
also include a company, a firm, sole proprietorship or other association of
individuals engaged in commercial or professional activities.
You may access and use
the Platform without creating an account on the Platform, however only a User
who creates an account on the Platform shall be eligible to store/save any User
Content Inputs and Generated Content on the Platform and/or use any additional
features of the Services which may be offered on the Platform.
Your Accounts: You may be allowed to save any
User Content (defined
below) and Generated Content once you create an account on the
Platform.
You are responsible for
maintaining the confidentiality of your account and password to access the
Platform. You acknowledge that except as provided herein, your account is
personal to you and agree not to provide any other person with access to the
Platform and to restrict access to your device to prevent any unauthorized
access to your account. You agree to accept responsibility for all activities
that occur under your account. You should use particular caution when accessing
your account from a public or shared computer so that others are not able to
view or record your username, password, or other personal information. You
should take all necessary steps to ensure that the password is kept
confidential and secure at all times, and if you have any reason to believe
that your password has become known to anyone else, or if the password is
being, or is likely to be, used in an unauthorized manner, you agree to
immediately change your password or inform us of any unauthorized access to or
use of your username or password, so that we are able to help you stop or
prevent such unauthorized access. Please ensure that the details you provide us
are correct and complete and inform us immediately of any changes to the
information that you provided when registering.
You represent that the
information provided by You at the time of sign up or when requested by
Techbuddy AI, are correct, true, and accurate, and You agree to update the same
as and when there is any change in the said information. Please read our Privacy
Policy to understand how we handle Your information.
Further, to access the
Platform, create, develop and/or use the Services on the Platform, you will
need to use a "Supported/Compatible
Device" which means a personal computer, mobile phone, portable
media player, or other electronic device that meets the system and
compatibility requirements and on which you are authorized to operate the
Platform. The Supported/Compatible Devices to access the Platform and/or avail
the Services may change from time to time and, in some cases, whether a device
is (or remains) a Supported/Compatible Device may depend on software or systems
provided or maintained by the device manufacturer or other third parties. Accordingly,
devices that are Supported/Compatible Devices at one time may cease to be
Supported/Compatible Devices in the future. Thus, kindly make sure that the
device that you use is compatible with our system/software to use the Platform
and avail the Services offered therein.
Use of the Platform: Subject to your compliance with
the other terms and conditions of the Agreement, Techbuddy AI hereby grants to
you a royalty free, limited, personal, non-exclusive, revocable,
non-transferable, non-sublicensable license to access and use the Services as
may be set forth in these Terms or otherwise agreed in writing (emails included).
With respect to any
Generated Content, you agree to use the Services in a manner that is consistent
with the Usage Policies of
Open AI, which is incorporated herein by reference, as determined by Open AI at
it sole discretion.
The User agrees to
review, edit and revise the Generated Content to their own liking before
publishing/displaying/using it and shall be solely responsible for any claims
arising out of and in relation to the Generated Content.
Termination of Account: You may terminate
your account by discontinuing the use of you account. If you wish to delete
your account, you may, at any time by either writing to us from your registered
email id at the email address provided under ‘Contact for User Support/Queries’ section below
or by using the delete option provided within your account on the Platform (if
available).
Techbuddy AI may
terminate or suspend your account and prohibit access to your account,
immediately, without prior notice, in its sole discretion for any reason,
whatsoever, but not limited to breach of Platform Terms.
F your account is
deleted/terminated (regardless of the reason), you will no longer have access
to your account on the Platform and any deletion once processed is
irrecoverable. Techbuddy AI is not responsible for the loss of your information
upon deletion and Techbuddy AI shall not be liable to any party in any way for
the inability to access any User Conten (defined below) or Generated Content arising from any
deletion/termination.
Intellectual Property Ownership and License :
Ownership of User Content: You shall remain
the sole owner of any data uploaded or published or submitted by you on the
Platform, including without limitation, any code, audio files, video files, any
software which is owned by or licensed to you, the underlying source and object
code of such software, instructions embedded in any form of digital documents
and other data, information, or material made available by you on the Platform,
including User Input Content ("User Content") and Techbuddy AI does
not claim any ownership over User Content made available by you on the
Platform.
You agree and
acknowledge that Techbuddy AI has no control over and assumes no responsibility
for User Content and by using the Platform, you expressly relieve Techbuddy AI
from any and all liability arising from User Content. You agree that User
Content created by you does not contain any material that infringes
intellectual property rights of any other party and that you have necessary
licenses from the owners to use any material as part of your User Content. You
shall solely be responsible for all claims in respect of your User Content
published on the Platform.
License to Generated Content: Subject to your
compliance with the Platform Terms, Techbuddy AI and its licensors grant you a
non-exclusive, worldwide, license, with the right to sublicense, to use, copy,
modify, sell, create derivative works based upon, distribute, publicly display,
and publicly perform Generated Content for your lawful business purposes.
You agree and
acknowledge that Techbuddy AI has no control over and assumes no responsibility
for Generated Content and by using the Platform, you expressly relieve
Techbuddy AI from any and all liability arising from Generated Content. You
shall solely be responsible for all claims in relation to the Generated Content
displayed/published/used by you.
License to Techbuddy AI: You hereby grant
Techbuddy AI a non-exclusive, transferable and sublicensable (solely as set
forth herein), worldwide, royalty-free license to use, host, store, copy,
communicate, distribute, publish, create derivative works based upon, publicly
display and publicly perform User Content solely as reasonably required (i) to
operate and provide the Services, (ii) to perform our obligations under the
Platform Terms and other written agreement with you; (iii) to provide, monitor,
correct, and improve the Platform and Services related thereto; (iv) to
aggregate User Content with other data; and (vii) to comply with applicable
laws.
Claims relating to the use of third-party intellectual
property:
At Techbuddy AI, we
respect the intellectual property of others just as much ours and, hence, if
you believe that your intellectual property rights or of any person you are
aware of , have been used in a way that gives rise to concerns of infringement,
then kindly write to us at support@techbuddyai.com with complete
details as required hereunder.
If Techbuddy AI has
knowledge of or has any reason to believe that any content on the Platform
violates the intellectual property rights of Techbuddy AI or other users, then
we reserve the right to remove access to such content in accordance with
takedown practices specified hereinbelow.
Copyright Complaints and Takedown Policy: All complaints/
notices of alleged copyright infringements or violations received by Techbuddy
AI shall be processed, investigated and appropriate actions will be taken in
the following manner:
For content published on
the Platform, complaints/ notices of alleged copyright infringements or
violations received by Techbuddy AI shall be dealt with in accordance with the
Digital Millennium Copyright Act (see 17 U.S.C. § 512(c)(3)) (“DMCA”) and other
applicable intellectual property laws. If you, in good faith, believe that your
work or that of a person you know, has been copied in a way that constitutes
copyright infringement or violation, a notification of claimed copyright
infringement or violation should be emailed to Techbuddy AI’s designated
copyright agent at support@techbuddyai.com Subject line: “DMCA Takedown
Request”) which contains the information stated hereinbelow. You may also send
the said information by mail at: ou may also send the said information by mail
at: Unacademy Inc., Attention: DMCA Takedown Request, Vistra (Delaware) Ltd,
3500, South Dupont, HWY, Dover, Kent, DE 19901, Delaware, USA.
Please note that by
claiming copyright infringement you are initiating a legal process, kindly be
sure to consider whether fair use, fair dealing, or a similar exception to
copyright apply before you report.
To be effective, the
notification you send to us must be in writing and contain the following
information:
An electronic or
physical signature of you or the person authorized to act on behalf of the
owner of the copyright or other intellectual property interest;
A description of the
copyrighted work or other intellectual property that you claim has been
infringed;
A description of where
the material that you claim is infringing is located on the Platform, with
enough detail that we may find it on the Platform;
Your address, telephone
number, and email address;
A statement by you that
you have a good faith belief that the disputed use is not authorized by the
copyright or intellectual property owner, its agent, or the law;
A statement by you, made
under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright or intellectual property owner or authorized to
act on the copyright or intellectual property owner’s behalf.
Please note that we may
send a copy of any infringement claim received to the person whose User Content
was reported as infringing, and such person will have the right to respond to
your notice in accordance with the applicable laws. Only if we believe to have
reasonable grounds that shows proof of any infringement or if there are any
court orders, we will take down the infringing content in accordance with the
Platform Terms and applicable laws.
If you submit a notice
of infringement that knowingly materially misrepresents that any content,
information, or communication on the Platform is infringing upon a copyright,
you may be held liable for damages and attorneys’/lawyers’ fees.
Trademarks and Other Intellectual Property Rights: A product or
service branded with the Techbuddy AI name or logo is a reflection of Techbuddy
AI. Unless you are one of our licensees, we don’t allow others to make, sell,
or give away anything with our name or logo on it.
Further, if you believe
that your intellectual property rights (other than copyrights) or that of any
person you know have been used in a way that gives rise to concerns of
infringement, then kindly write to us at support@techbuddyai.com with a
description of the trademark or intellectual property that you claim has been
infringed, a description of where the material that you claim is infringing is
located on the Platform, with enough detail that we may find it on the
Platform, and your address, telephone number, and email address.
Designated Copyright Agent:
Legal Department,
Techbuddy AI
Email ID: support@techbuddyai.com
Ownership of Techbuddy AI’s Intellectual Property Rights: Techbuddy AI and /
or its affiliates own / have necessary licenses to all information and
materials (in whatever form or media) provided or communicated to you by or on
behalf of Techbuddy AI including but not limited to, the Platform, illustrations,
letters, images, ideas, concepts, the layout, design, flow, look and feel of
the Platform, logos, marks, graphics, audio files, video files, any software
which is owned by or licensed to Techbuddy AI and / or its affiliates, the
underlying source and object code, instructions embedded in any form of digital
documents and other data, information, or material made available to you by
Techbuddy AI ("Techbuddy
AI Content"). Techbuddy AI Content specifically excludes any
content uploaded by the Users, including without limitation, User Content or
Generated Content on the Platform. Techbuddy AI Content, including its
trademarks, will not be used, modified, or altered by you in any way. You
acknowledge and agree that you do not acquire any ownership or rights to the
Techbuddy AI Content or the Platform by use of the Platform. You acknowledge
and agree that the Techbuddy AI Content is protected by the copyright, trademark,
patent, trade secret and other intellectual property or proprietary rights laws
and any unauthorize use, reproduction, modification, distribution,
transmission, republication, display or performance of the Techbuddy AI Content
and any component thereof is strictly prohibited.
Techbuddy AI’s Rights: In respect of the
entire Platform, Techbuddy AI reserves the following rights:
Techbuddy AI reserves
the right to put on-hold or reject or suspend or terminate your
registration/account on the Platform for the purpose of complying with the
legal and regulatory requirements.
Techbuddy AI reserves
the right to remove you and/or the User Content and Generated Content without
notice if you violate any provisions of the Platform Terms.
Techbuddy AI may modify,
terminate, or refuse to provide Services at any time for any reason, without
notice.
Notwithstanding anything
contrary stated in the Platform Terms, in its sole discretion, Techbuddy AI may
remove anyone from the Platform at any time for any reason.
Techbuddy AI reserves
the right to access your account and/or the User Content or your Generated
Content in order to respond to requests for technical support, to maintain the
safety and security of the Platform, legal purposes and for other legitimate business
purposes, as necessary, in Techbuddy AI’s discretion.
Techbuddy AI has no
obligation to monitor any content that appears on the Platform or review any
conduct occurring through the Platform, including any interactions between
Users, however, if Techbuddy AI receives notice or becomes aware of, any
violation of the Platform Terms, then, Techbuddy AI reserves the right to
refuse your access to the Platform, terminate accounts or remove such violating
content at any time without notice to you.
Platform Availability: Your access to the
Platform may occasionally be suspended or restricted to allow for repairs,
maintenance, or due to the introduction of new facilities or services at any
time without prior notice. We will attempt to limit the frequency and duration
of any such suspension or restriction. You agree that Techbuddy AI will
not be liable for any losses that may be incurred by you if for any reason all
or part of the Platform is unavailable at any time or for any period for use.
Pricing, Payments and Refund:
Platform Pricing and Payment: Techbuddy AI may
charge fees from Users to access particular features and functionalities of the
Platform (“Fee(s)”) through multi-tiered paid plans as described on our Pricing Page (“Subscription”/“Subscription Plan”).Please read the
below terms applicable for the purchase of your Subscription:
We offer various types
of Subscription Plans, and Techbuddy AI’s Fee structure for each Subscription
Plan differs. Please go through the details provided on our Pricing Page
carefully before making any purchase.
Our billing cycles
depend on the Subscription Plan you select while purchasing. Payment will be
charged to your chosen payment method at confirmation of your purchase in
accordance with the billing cycle applicable for your Subscription Plan.
We may use third-party
service provider(s) to manage all our Subscriptions, including their purchases,
renewals, cancellations, and invoicing (“Subscription Manager(s)”). Accordingly, we may
not collect any payment related information such as credit/debit card details,
upis, and bank account details from you, and all such Sensitive Personal Data,
in such cases, shall be collected and processed by such Subscription Manager(s).
Subject to your authorization and applicable laws, You agree that Techbuddy AI
may, if applicable, as per your chosen Subscription Plan, charge any recurring
service to the credit card or debit card that you provide at the time of your
first purchase of the Subscription through the Subscription Manager(s) or as
updated by you through the Subscription Manager(s), provided such updation
takes place prior to upcoming billing period, as applicable.
You agree to pay all
fees and charges that are made to your account and that you are solely
responsible for payment of these fees and charges. If you have not completed
payments for your Subscriptions, we may restrict your access to the Platform
until your account becomes current and paid in full.
Your payments to
Techbuddy AI shall be subject to applicable taxes including without limitation
Goods and Service Taxes (GST) and Value Added Taxes (VAT) or other similar
taxes as may be applicable in your country of residence/from where you have
created your account on the Platform/ purchased the underlying Subscriptions.
We reserve the right to
pursue fees owed to us using collection methods which may include charging
other payment methods on file with us and/or retaining collection agencies or
legal counsel.
If you are unclear on
the payments applicable to your Subscription Plan, then please write to us at
the email address provided in the ‘Contact for User Support/Queries’
section below.
We reserve the right to
change/revise the pricing of the Subscriptions. For existing Subscriptions for
which the applicable fees have been already received by us, we will implement
the price changes during the next billing period or renewal of the Subscription.
We further reserve the
right to offer custom plans and pricing in addition to what is offered on the
Pricing Page, which include offering custom billing and payment terms, that are
different from our standard terms.
We have also enabled
integration of third-party payment providers to facilitate better payment
options to you, which may vary depending on your territory or the Subscription
you choose ("Third-Party
Payment Providers").
Third-Party Payment
Providers may also charge you fees to use or access their services and may
require your Personal Data to complete any transaction for the Platform.
Further, to facilitate completion of your payments to us through the Platform
or avail the payment options provided to you, you may be redirected to an
external website operated by the Third-Party Payment Provider(s).
Further, pursuant to the
payment option you may choose, you may be required to enter into a separate
agreement with the relevant Third-Party Payment Provider. This agreement with
the Third-Party Payment Provider is an independent contract/agreement between
you and such Third-Party Payment Provider and Techbuddy AI shall in no manner
be a party to the same. Techbuddy AI only facilitates various payment options
to you and is not offering the payment by itself in any manner.
You agree that you are
solely responsible for all charges that occur through such Third-Party Payment
Providers and acknowledge and agree to indemnify, defend, and hold harmless
Techbuddy AI, its licensors, their affiliates, and their respective officers,
directors, employees, and agents from any loss arising out of or related to the
use of the Platform or any purchases made through the Platform. This obligation
will survive your use of the Platform and termination of your Agreement with
us.
Techbuddy AI cannot and
does not (i) guarantee the adequacy of the privacy and security practices
employed by or the content and media provided by the Third- Party Service
Providers or its respective websites or (ii) control collection or use of your
Personal Data by such Third-Party Service Providers. Hence, prior to using any
services offered by a Third-Party Service Providers, we suggest that you read
their terms and conditions, privacy policy and other policies, that may apply,
to understand their terms of usage and to understand how your Personal Data is
being processed. Techbuddy AI is not affiliated to any Third-Party Service
Provider and neither Techbuddy AI nor any of the Third-Party Service Providers
are agents or employees of the other.
For the purpose of the
Platform Terms-
“Third-Party Service Providers” shall mean and
include Subscription Manager(s), Third-Party Payment Providers, and any
third-party payment gateways and/or aggregators used to collect payments of
Techbuddy AI’s Fee.
“Loss” means all losses, liabilities, damages, awards,
settlements, claims, suits, proceedings, costs, and expenses (including
reasonable legal fees and disbursements and costs of investigation, litigation,
settlement, judgment, interest, and penalties). Techbuddy AI shall not be
liable to you for any claims arising out of any act or omission on the part of
the Third-Party Service Provider(s) including, but not limited to, any lost,
stolen, or incorrectly processed payments. Techbuddy AI expressly disclaims any
responsibility and liability for all services provided by the Third-Party
Service Provider(s).
Please note that all
Fee(s) payments are collected by Techbuddy AI only through the Platform and not
through any third parties (except Third-Party Service Provider(s)). We do not
usually authorize any third party (except Third-Party Service Provider(s)) to
collect monies on our behalf; however, if we have authorized any third party
then such third party will have received a written authorization from Techbuddy
AI either by way of any agreement or an authorization letter. Kindly verify
with such third party before you make any payments to them, alternatively, you
can always check with us by writing to us at email address provided under the ‘Contact for User
Support/Queries’ section below.
Further, Techbuddy AI is
solely authorized to offer discounts / offers, if any, on Techbuddy AI’s Fee.
These discounts / offers are communicated on the Platform or via direct
communication to you from Techbuddy AI via email, SMS, phone, or such other means
of communication, and can be availed only through the Platform, unless
otherwise specifically communicated by Techbuddy AI. Other than Techbuddy AI,
no person is allowed to offer any discounts on Techbuddy AI’s Fee offered on
the Platform. Techbuddy AI shall not be liable for any claims arising from such
unauthorized discounts / offers offered by any person (including any
third-party platform), other than Techbuddy AI.
Cancellation and Refund:
You may cancel your
Subscription at any time by writing to us at support@techbuddyai.com. However, please
note there shall be no refund of the Fee already paid for your Subscription,
unless otherwise specified herein. Where the User has cancelled a
non-refundable Subscription Plan, the User shall continue to have access to all
the features associated with the said Subscription Plan till the end of the
billing cycle.
However, if you are
dissatisfied with the Subscription purchased, you may place a request for
refund of the Fee paid at the time of purchasing the Subscription, by writing
to us at support@techbuddyai.com. However, only refund
requests placed within 48 hours from the time of purchase shall be considered
by Techbuddy AI. Please note that refunds approved by Techbuddy AI shall be
subject to a non-refundable transactional fee which shall vary from country to country.
Communications: When you visit the Platform, you
are communicating with us electronically. You may be required to provide a
valid email ID and phone number and certain other details while creating an
account or purchasing any subscription for the Services offered. We may
communicate with you by e-mail, SMS, phone call or by posting notices on the
Platform or by any other mode of communication. By providing your information
you authorize Techbuddy AI, its affiliates, and their respective employees,
agents, and contractors to initiate electronic communications by email,
telephone calls, or such other mode of communication with respect to your use
of the Platform and regarding the products and services (including the
Services), newsletters, marketing and promotional materials offered by
Techbuddy AI and / or its affiliates. These communications may be made by or on
behalf of Techbuddy AI, even if your phone number is registered on any state or
central do not call list. Telephone calls may be recorded. You acknowledge that
your telephone operator and/or internet service provider may have levied
certain charges on you vis-à-vis your communications with Techbuddy AI as it
constitutes availing their services, and you agree to be responsible for all
such charges, and Techbuddy AI will not be responsible for any such charges. Do
not submit your information if you do not consent to being contacted by
telephone, text, email, or such other mode of communication. Further, you will
always have an option to unsubscribe / opt out from any promotional
communications sent by Techbuddy AI and / or its affiliates either by following
the relevant instructions that may be communicated via text, email, or such
other mode of communication in which you received a promotional communication
or by disabling the options provided within your account on the Platform.
Please note that –
If you opt out of
promotional communications, we may still send you transactional communications,
such as service announcements, administrative and legal notices, and
information about your account, without offering you the opportunity to opt out
of these communications; and
Opting out of
promotional communications only affects future communications from us. If we
have already provided your information to a third party (as stated in our
Privacy Policy) before you changed your preferences or updated your
information, you may have to change your preferences directly with that third
party.
We do not sell your
Personal Information to third parties.
Privacy Policy: All our collection, processing,
sharing, and storing of any Personal Information collected from you to enable
the Services shall be in accordance with our Privacy Policy. Kindly read the
same to understand the security measures undertaken by Techbuddy
AI to safeguard your Personal Information. Should you have any queries in
respect of the same, please feel free to right to us at privacy@Techbuddy AI.so.
Feedback: If you choose to submit
suggestions, ideas, comments, or questions containing product feedback about
the Platform or any of the Services, either through the Platform or otherwise
("Feedback"), then you grant Techbuddy AI and its affiliates a
worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use
(and full right to sublicense), reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, transmit, and display such Feedback
in any form. You shall have no intellectual property right in the Platform as a
result of Techbuddy AI’s incorporation of your Feedback in the Platform.
Prohibited Use: You hereby agree not to use the
Platform for any purpose other than for which the access is granted to you and
that in your use of the Platform, you will, at all times, comply with all
applicable laws and regulations. Further, you agree not do or attempt to do any
of the acts described in this section, or assist, encourage, request, or permit
any person to engage in any of the acts described in this section. You agree
not to -
Use the Platform or
Services for any illegal purpose or in violation of any local, state, national,
or international law;
Interfere with
security-related features of the Platform, including by disabling or
circumventing features that prevent or limit access to or use of any content,
or by using any account credentials that are not your own;
Interfere with the
operation of the Platform or the proper working of the Services or any User’s
use of the Platform, including by interfering with, intruding into, disrupting,
or making repeated accesses or requests that cause performance degradation to
any network, equipment, server, or software system used to host or otherwise
implement the Platform;
Use any means of
automated data collection or indexing, including by use of data mining tools,
scripts, repeated data requests, robots, or any other method to collect, copy,
or aggregate information hosted on the Platform for any purpose in including
for re-utilization of any substantial parts of this Platform, without Techbuddy
AI’s express prior written consent.
Use the Services in a
way that causes societal harm including but not limited to, (i) misleading end
users that any Generated Content was human-generated and (ii) generating spam.
Collect or store any
Personal Information from the Services from other users of the Services without
their express permission.
Decipher, decompile,
disassemble, reverse assemble, reverse compile, decompile, reverse engineer any
component or software used to provide Services.
Attempt to access or
search the Services or download content from the Services using any engine,
software, tool, agent, device or mechanism (including spiders, robots,
crawlers, data mining tools or the like) other than the software and/or search
agents provided by Techbuddy AI;
Use our Services for any
activities amounting to abuse or misuse of the Services including collecting,
uploading, transmitting, displaying, or distributing any User Content/Generated
Content that :
Belongs to another
person and to which you do not have any right;
Is defamatory, obscene,
pornographic, paedophilic, invasive of another’s privacy including bodily
privacy, insulting or harassing on the basis of gender, libelous, racially or
ethnically objectionable, relating or encouraging money laundering or gambling,
or promoting enmity between different groups on the grounds of religion or
caste with intent to incite violence or otherwise inconsistent with or contrary
to the laws in force;
Is harmful to a child;
Infringes any patent,
trademark, copyright or other proprietary rights of another;
Violates any law,
statue, ordinance or regulation or Platform Terms;
Deceives or misleads any
User about the origin of the message or knowingly and intentionally
communicates any information which is patently false and untrue or misleading
in nature;
Impersonates another
person;
Threatens the unity,
integrity, defense, security or sovereignty of India, friendly relations with
foreign States, or public order, or causes incitement to the commission of any
cognizable offence or prevents investigation of any offence or is insulting other
nation;
Contains software virus
or any other computer code, file or program designed to interrupt, destroy or
limit the functionality of any computer resource;
False, inaccurate or
misleading;
Contain any viruses,
trojan horses, worms, cancelbots or other computer programming routines that
may damage, detrimentally interfere with, surreptitiously intercept, or
expropriate any system, data or Personal Information.
Linked Websites: The Platform may contain links
to third-party websites including but not limited to social media websites or
other resources. We provide these links only as a convenience and are not
responsible for the content, products, or services on or available from those
websites or resources or links displayed on such sites. You acknowledge sole
responsibility for, and assume all risk arising from, your use of any
third-party websites or resources.
Disclaimer: you agree that the platform,
content, and all materials are provided on an "as is" and "as
available" basis and your use of the platform shall be at your sole risk.
To the fullest extent permitted by law, techbuddy ai, its officers, directors,
employees, and agents disclaim and exclude all warranties, express or implied,
in connection with the platform and your use thereof. To the fullest extent
permitted by law, techbuddy ai excludes all warranties, conditions, terms or
representations about the accuracy, security, reliability, quality,
availability or completeness of the platform, user content/generated content on
the platform, or the content of any sites so linked and assumes no liability or
responsibility for any (i) errors, mistakes, or inaccuracies in user
content/generated content or any content on the platform, (ii) personal injury
or property damage, of any nature whatsoever, resulting from your access to and
use of the platform, (iii) any unauthorized access to or use of our secure
servers and/or any and all personal information and/or financial information
stored therein, (iv) any interruption or cessation of transmission to or from
the platform, (v) any bugs, viruses, trojan horses, or the like which may be
transmitted to or through the platform by any third party, and/or (vi) any
errors or omissions in users content/generated content or any other content or
for any loss or damage of any kind incurred as a result of the use of user
content/generated content or any other content that is posted, emailed,
transmitted, or otherwise made available via the platform as techbuddy ai is
strictly an intermediary as under the information technology act, 2000.
Techbuddy ai does not warrant, endorse, guarantee, or assume responsibility for
user content/generated content or the platform advertised or offered by a third
party through the platform or any hyperlinked services or featured in any
banner or other advertising, and techbuddy ai will not be a party to or in any
way be responsible for monitoring any transaction between you and third-party
providers of user content or services. As with the purchase of a service
through any medium or in any environment, you should use your best judgment and
exercise caution where appropriate.
Indemnity and Release: To the extent
permitted by applicable law, you agree to defend, indemnify and hold harmless
Techbuddy AI, its affiliates, their respective officers, directors, employees
and agents, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to
attorney’s fees) arising from: (i) your access to or use of the Services/
Platform; (ii) your violation of any of the Platform Terms; (iii) any claim
regarding your User Content/ Generated Content; (iv) your actual or alleged
infringement, misappropriation or violation of Techbuddy AI’s, its licensors’
or any third party’s intellectual property or proprietary rights or (v) your
violation of any applicable laws. This defense and indemnification obligation
will survive these Terms of Service and your use of the Techbuddy AI Platform.
You hereby expressly
release Techbuddy AI, its affiliates and any of their respective officers,
directors, employees and agents from any cost, damage, liability or other
consequence of any of the actions/inactions of any third-party vendors or
service providers and specifically waive any claims or demands that you may
have in this behalf against any of Techbuddy AI, its affiliates and any of
their respective officers, directors, employees and agents under any statute,
contract or otherwise.
Limitation of Liability: to the fullest
extent permitted by law, in no event shall techbuddy ai, its affiliates, their
respective officers, directors, employees, or agents be liable to you for any
direct, indirect, incidental, special, punitive, losses or expenses or
consequential damages whatsoever resulting from any (i) from the use of or
inability to use the services, (ii) errors, mistakes, or inaccuracies in
user content/generated content or any other content on the platform, (iii)
personal injury or property damage, of any nature whatsoever, resulting from
your access to and use of the platform, (iv) any unauthorized access to or use
of our secure servers and/or any and all personal information and/or financial
information stored therein, (v) any interruption or cessation of transmission
to or from the platform, (vi) any bugs, viruses, trojan horses, or the like,
which may be transmitted to or through our platform by any third party, and/or
(vii) any loss or damage of any kind incurred as a result of your use of any
content posted, emailed, transmitted, or otherwise made available via the
techbuddy ai platform, whether based on warranty, contract, tort, or any other
legal theory, and whether or not techbuddy ai is advised of the possibility of
such damages.
We understand that, in
some jurisdictions, warranties, disclaimers and conditions may apply that
cannot be legally excluded, if that is true in your jurisdiction, then to the
extent permitted by law, techbuddy ai and its affiliates limit their liability for
any claims under those warranties or conditions to supplying you the techbuddy
ai platform again.
You specifically
acknowledge that techbuddy ai shall not be liable for user content/generated
content or the defamatory, offensive, or illegal conduct of any third party and
that the risk of harm or damage from the foregoing rests entirely with you.
The techbuddy ai
platform is controlled and offered by techbuddy ai and / or its affiliates
depending upon your jurisdiction. Techbuddy ai makes no representations that
the techbuddy ai platform is appropriate or available for use in other
locations. Those who access or use the techbuddy ai platform from other
jurisdictions do so at their own volition and are responsible for compliance
with local law.
The aggregate liability
of techbuddy ai to you for any and all claims arising from or in relation to
these terms or relating to the use of (or any inability to use) the platform
shall under no circumstances exceed the amount paid/payable by you to use the servces
or inr 1,000/-, whichever is lesser.
OFAC (Office of Foreign Asset Control): You represent and
warrant that you are not and nor are you owned or controlled directly or
indirectly by, any person, group, entity or nation named on any list issued by
the Department of the Treasury's Office of Foreign Asset Control ("OFAC" ),
or any similar list or by any law, order, rule or regulation or any Executive
Order of the President of the United States, including Executive Order 13224,
as a "Specially Designated National and Blocked Person", terrorist,
or other banned or blocked person (any such person, group, entity or nation
being hereinafter referred to as a ("Prohibited Person"); (ii) you
are not (nor are you owned or controlled, directly or indirectly, by any
person, group, entity or nation which is) acting directly or indirectly for or
on behalf of any Prohibited Person; (iii) you (and any person, group, or entity
which you control, directly or indirectly) have not conducted nor will conduct
business nor have engaged nor will engage in any transaction or dealing with
any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or
regulation, including, without limitation, the making or receiving of any
contribution of funds, good or services to or for the benefit of a Prohibited
Person in violation of the U.S. Patriot Act or any OFAC rule or regulation;
(iv) you are not prohibited by any sanctions program as maintained by OFAC from
transacting with Techbuddy AI, including those sanctions programs currently in
effect with respect to Cuba, Iran, North Korea, Syria, Venezuela, or Crimea. In
connection with the foregoing, it is expressly understood and agreed that the
representations and warranties contained in this subsection shall be continuing
in nature.
Applicable Laws and Jurisdiction: The Platform Terms
shall be governed by and construed in accordance with the laws of State of
Delaware, U.S.A. and you agree, as we do, to submit to the exclusive
jurisdiction of the courts at State of Delaware, U.S.A.
California Civil Code Section 1789.3: Californian Users
are entitled to know that they may file grievances and complaints with
California Department of Consumer Affairs, 400 R Street, Suite 1080,
Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email
to support@techbuddyai.com
General Provisions:
Legal Notices: In the event of any other
disputes or claims arising from the use of the Techbuddy AI Platform or the
Services, please get in touch with us.
Modification, Amendment or Termination: Techbuddy AI may,
in its sole discretion, modify or revise the Agreement and policies at any
time, and you agree to be bound by such modifications or revisions. Your
continued use of the Platform post any modification of the Agreement shall be
taken as your consent and acceptance to such modifications. Nothing in the
Agreement shall be deemed to confer any third-party rights or
benefits. You are advised to check our Platform frequently to see recent
changes and to keep yourself updated with the most recent updates.
Force Majeure: Techbuddy AI shall not be liable
for failure to perform, or the delay in performance of, any of its obligations
if, and to the extent that, such failure or delay is caused by events
substantially beyond its control, including but not limited to acts of God,
acts of the public enemy or governmental body in its sovereign or contractual
capacity, war, terrorism, floods, fire, strikes, epidemics / pandemics, civil
unrest or riots, power outage, and/or unusually severe weather.
Miscellaneous: If any part of the Agreement is
found to be unlawful, void or unenforceable, that part of the Agreement will be
deemed severable and will not affect the validity and enforceability of any
remaining provisions. Any notice required to be given in connection with the
Platform shall be in writing and sent to the registered office of Techbuddy AI.
We do not guarantee continuous, un-interrupted or secure access to the
Platform, and operation of the Platform may be interfered by numerous factors
outside our control. Headings are for reference purpose only an on no way
define, limit, construe or describe the scope or extent of such section. Our
failure to act with respect to any breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.
Contact for User Support/Queries: For queries
relating to Services offered by Techbuddy AI, please write to us at support@techbuddyai.com
Contact Us: If you have concerns or queries
regarding the Platform Terms, you may write to us by email at support@techbuddyai.com