Last Modified: 03/05/2024
AGREEMENT TO OUR LEGAL TERMS
We are AI Dyma ("Company," "we," "us," "our"), a company registered
in India at Mayuresh Square Belapur, Navi Mumbai, Maharashtra
400614.
We operate the website https://dyma.ai (the "Site"), as well as any
other related products and services that refer or link to these
legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at +91 9930555230, email at
contact@dyma.ai, or by mail to Mayuresh Square, Belapur, Navi
Mumbai, Maharashtra 400614, India.
These Legal Terms constitute a legally binding agreement made
between you, whether personally or on behalf of an entity ("you"),
and AI Dyma, concerning your access to and use of the Services. You
agree that by accessing the Services, you have read, understood, and
agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE
WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The Services are intended for users who are at least 18 years old.
Persons under the age of 18 are not permitted to use or register for
the Services. We recommend that you print a copy of these Legal
Terms for your records.
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Services from other locations do so
on their own initiative and are solely responsible for compliance
with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.),
so if your interactions would be subjected to such laws, you may not
use the Services. You may not use the Services in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights
in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the
"Content"), as well as the trademarks, service marks, and logos
contained therein (the "Marks"). Our Content and Marks are protected
by copyright and trademark laws (and various other intellectual
property rights and unfair competition laws) and treaties in the
United States and around the world. The Content and Marks are
provided in or through the Services "AS IS" for your personal,
non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive,
non-transferable, revocable license to:
* access the Services; and
* 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 or internal business
purpose.
Except as set out in this section or elsewhere in our Legal Terms,
no part of the Services 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
whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other
than as set out in this section or elsewhere in our Legal Terms,
please address your request to: contact@dyma.ai. If we ever grant
you the permission to post, reproduce, or publicly display any part
of our Services or Content, you must identify us as the owners or
licensors of the Services, Content, or Marks and ensure that any
copyright or proprietary notice appears or is visible on posting,
reproducing, or displaying our Content. We reserve all rights not
expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES " section
carefully prior to using our Services to understand the (a) rights
you give us and (b) obligations you have when you post or upload any
content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services
("Submissions"), you agree to assign to us all intellectual property
rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and dissemination
for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to,
or participate in blogs, message boards, online forums, and other
functionality during which you may create, submit, post, display,
transmit, publish, distribute, or broadcast content and materials to
us or through the Services, including but not limited to text,
writings, video, audio, photographs, music, graphics, comments,
reviews, rating suggestions, personal information, or other material
("Contributions"). Any Submission that is publicly posted shall also
be treated as a Contribution.
You understand that Contributions may be viewable by other users of
the Services and possibly through third-party websites. When you
post Contributions, you grant us a license (including use of your
name, trademarks, and logos): By posting any Contributions, you
grant us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and license to: use, copy, reproduce, distribute, sell,
resell, publish, broadcast, retitle, store, publicly perform,
publicly display, reformat, translate, excerpt (in whole or in
part), and exploit your Contributions (including, without
limitation, your image, name, and voice) for any purpose,
commercial, advertising, or otherwise, to prepare derivative works
of, or incorporate into other works, your Contributions, and to
sublicense the licenses granted in this section. Our use and
distribution may occur in any media formats and through any media
channels.
This license includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you
provide.
You are responsible for what you post or upload: By sending us
Submissions and/or posting Contributions through any part of the
Services or making Contributions accessible through the Services by
linking your account through the Services to any of your social
networking accounts, you:
* confirm that you have read and agree with our "PROHIBITED
ACTIVITIES (#prohibited) " and will not post, send, publish, upload,
or transmit through the Services any Submission nor post any
Contribution that is illegal, harassing, hateful, harmful,
defamatory, obscene, bullying, abusive, discriminatory, threatening
to any person or group, sexually explicit, false, inaccurate,
deceitful, or misleading;
* to the extent permissible by
applicable law, waive any and all moral rights to any such
Submission and/or Contribution;
* warrant that any such
Submission and/or Contributions are original to you or that you have
the necessary rights and licenses to submit such Submissions and/or
Contributions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions and/or
Contributions; and
* warrant and represent that your
Submissions and/or Contributions do not constitute confidential
information.
You are solely responsible for your Submissions and/or Contributions
and you expressly agree to reimburse us for any and all losses that
we may suffer because of your breach of (a) this section, (b) any
third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation
to monitor any Contributions, we shall have the right to remove or
edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in
breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and
report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately
refer to the “COPYRIGHT INFRINGEMENTS” section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all
registration information you submit will be true, accurate, current,
and complete; (2) you will maintain the accuracy of such information
and promptly update such registration information as necessary; (3)
you have the legal capacity and you agree to comply with these Legal
Terms; (4) you are not a minor in the jurisdiction in which you
reside; (5) you will not access the Services through automated or
non-human means, whether through a bot, script or otherwise; (6) you
will not use the Services for any illegal or unauthorized purpose;
and (7) your use of the Services 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
Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Services. You
further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration
date, so that we can complete your transactions and contact you as
needed. Sales tax will be added to the price of purchases as deemed
required by us. We may change prices at any time. All payments shall
be in US dollars.
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorize us to
charge your chosen payment provider for any such amounts upon
placing your order. We reserve the right to correct any errors or
mistakes in pricing, even if we have already requested or received
payment.
We reserve the right to refuse any order placed through the
Services. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order. These
restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same
billing or shipping address.
We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or
distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and
automatically renew unless cancelled. You consent to our charging
your payment method on a recurring basis without requiring your
prior approval for each recurring charge, until such time as you
cancel the applicable order. The length of your billing cycle is
annual.
Cancellation
You can cancel your subscription at any time by logging into your
account. Your cancellation will take effect at the end of the
current paid term. If you have any questions or are unsatisfied with
our Services, please email us at contact@dyma.ai.
Fee Changes
We may, from time to time, make changes to the subscription fee and
will communicate any price changes to you in accordance with
applicable law.
Refunds and Cancellations Policy
We are using Razorpay (razorpay.com) to raise funds for our program.
As per the refund policy of Razorpay
(https://razorpay.com/docs/payment-gateway/refunds/), if the
contributor opts to avail refund, the amount will be reversed to the
original payment method used in making the payment. For example, if
a credit card was used to make the payment, the refund will be
pushed to the same credit card. Razorpay does not charge any
processing fee for refund. However, the transaction fee and GST
levied by Razorpay at the time of payment capture will not be
reversed to your account.
Depending on the bank’s processing time, it can take 5-7 business
days for the refunds to reflect in the customer’s bank account or
card balance.
7. SOFTWARE
We may include software for use in connection with our Services. If
such software is accompanied by an end user license agreement
("EULA"), the terms of the EULA will govern your use of the
software. If such software is not accompanied by a EULA, then we
grant to you a non-exclusive, revocable, personal, and
non-transferable license to use such software solely in connection
with our services and in accordance with these Legal Terms. Any
software and any related documentation is provided "AS IS" without
warranty of any kind, either express or implied, including, without
limitation, the implied warranties of merchantability, fitness for a
particular purpose, or non-infringement. You accept any and all risk
arising out of use or performance of any software. You may not
reproduce or redistribute any software except in accordance with the
EULA or these Legal Terms.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than
that for which we make the Services available. The Services may not
be used in connection with any commercial endeavours except those
that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
* Systematically retrieve data or other content from the
Services to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from
us.
* Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account information
such as user passwords.
* Circumvent, disable, or otherwise
interfere with security-related features of the Services, including
features that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Services and/or the Content
contained therein.
* Disparage, tarnish, or otherwise harm, in
our opinion, us and/or the Services.
* Use any information
obtained from the Services in order to harass, abuse, or harm
another person.
* Make improper use of our support services or
submit false reports of abuse or misconduct.
* Use the
Services in a manner inconsistent with any applicable laws or
regulations.
* Engage in unauthorized framing of or linking to
the Services.
* Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use
and enjoyment of the Services or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation,
or maintenance of the Services.
* Engage in any automated use
of the system, such as using scripts to send comments or messages,
or using any data mining, robots, or similar data gathering and
extraction tools.
* Delete the copyright or other proprietary
rights notice from any Content.
* Attempt to impersonate
another user or person or use the username of another user.
*
Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics
interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as "spyware" or
"passive collection mechanisms" or "pcms").
* Interfere with,
disrupt, or create an undue burden on the Services or the networks
or services connected to the Services.
* Harass, annoy,
intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to you.
* Attempt to
bypass any measures of the Services designed to prevent or restrict
access to the Services, or any portion of the Services.
* Copy
or adapt the Services' software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
* Except as permitted by
applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a
part of the Services.
* Except as may be the result of
standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Services, or use or launch any unauthorized
script or other software.
* Use a buying agent or purchasing
agent to make purchases on the Services.
* Make any
unauthorized use of the Services, including collecting usernames
and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretences.
* Use the Services
as part of any effort to compete with us or otherwise use the
Services and/or the Content for any revenue-generating endeavour or
commercial enterprise.
9. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate
in blogs, message boards, online forums, and other functionality,
and may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Services, including but not
limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by
other users of the Services and through third-party websites. As
such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
* The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
* You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize
us, the Services, and other users of the Services to use your
Contributions in any manner contemplated by the Services and these
Legal Terms.
* You have the written consent, release, and/or permission of each
and every identifiable individual person in your Contributions to
use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your Contributions
in any manner contemplated by the Services and these Legal Terms.
* Your Contributions are not false, inaccurate, or misleading.
* Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain letters,
spam, mass mailings, or other forms of solicitation.
* Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libellous, slanderous, or otherwise
objectionable (as determined by us).
* Your Contributions do not ridicule, mock, disparage, intimidate,
or abuse anyone.
* Your Contributions are not used to harass or threaten (in the
legal sense of those terms) any other person and to promote violence
against a specific person or class of people.
* Your Contributions do not violate any applicable law, regulation,
or rule.
* Your Contributions do not violate the privacy or publicity rights
of any third party.
* Your Contributions do not violate any applicable law concerning
child pornography, or otherwise intended to protect the health or
well-being of minors.
* Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
* Your Contributions do not otherwise violate, or link to material
that violates, any provision of these Legal Terms, or any applicable
law or regulation.
Any use of the Services in violation of the foregoing violates these
Legal Terms and may result in, among other things, termination or
suspension of your rights to use the Services.
10. CONTRIBUTION
LICENSE
By posting your Contributions to any part of the Services you
automatically grant, and you represent and warrant that you have the
right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use, copy, reproduce,
disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and voice)
for any purpose, commercial, advertising, or otherwise, and to
prepare derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the foregoing.
The use and distribution may occur in any media formats and through
any media channels.
This license will apply to any form, media, or technology now known
or hereafter developed, and includes our use of your name, company
name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise
been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on
the Services. You are solely responsible for your Contributions to
the Services and you expressly agree to exonerate us from any and
all responsibility and to refrain from any legal action against us
regarding your Contributions. We have the right, in our sole and
absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them
in more appropriate locations on the Services; and (3) to pre-screen
or delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorize
any Contributions to place them in more appropriate locations on the
Services; and (3) to pre-screen or delete any Contributions at any
time and for any reason, without notice. We have no obligation to
monitor your Contributions.
11. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or
ratings. When posting a review, you must comply with the following
criteria: (1) you should have first-hand experience with the
person/entity being reviewed; (2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hateful
language; (3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age,
marital status, sexual orientation, or disability; (4) your reviews
should not contain references to illegal activity; (5) you should
not be affiliated with competitors if posting negative reviews; (6)
you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements; and (8) you
may not organize a campaign encouraging others to post reviews,
whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We
have absolutely no obligation to screen reviews or to delete
reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily
represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any
claims, liabilities, or losses resulting from any review. By posting
a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sub licensable
right and license to reproduce, modify, translate, transmit by any
means, display, perform, and/or distribute all content relating to
review.
12. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit
the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in
our sole discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Services in a manner designed
to protect our rights and property and to facilitate the proper
functioning of the Services.
14. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately
notify us using the contact information provided below (a
"Notification"). A copy of your Notification will be sent to the
person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law you
may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that
material located on or linked to by the Services infringes your
copyright, you should consider first contacting an attorney.
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you
use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL
TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, 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
if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of
the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Services. We will not be liable to you or any
third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in
these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or
releases in connection therewith.
17. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and
construed in accordance with the laws of the State of California
applicable to agreements made and to be entirely performed within
the State of California, without regard to its conflict of law
principles.
18. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a "Dispute"
and collectively, the "Disputes") brought by either you or us
(individually, a "Party" and collectively, the "Parties"), the
Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least
thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the
other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms,
including any question regarding its existence, validity, or
termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European
Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according to the Rules of this ICAC, which, as a result of referring
to it, is considered as the part of this clause. The number of
arbitrators shall be three (3). The seat, or legal place, or
arbitration shall be Mumbai, India. The language of the proceedings
shall be English. The governing law of these Legal Terms shall be
substantive law of India.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute
to be brought in a purported representative capacity on behalf of
the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding
arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations
of theft, piracy, invasion of privacy, or unauthorized use; and (c)
any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to
be illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
19. CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or
update the information on the Services at any time, without prior
notice.
20. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE 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 SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF
ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
21. 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, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO
US DURING THE six (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING OR 5000 INR. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. 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)
your Contributions; (2) use of the Services; (3) breach of these
Legal Terms; (4) any breach of your representations and warranties
set forth in these Legal Terms; (5) your violation of the rights of
a third party, including but not limited to intellectual property
rights; or (6) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding
the foregoing, 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, at your
expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which
is subject to this indemnification upon becoming aware of it.
23. USER DATA
We will maintain certain data that you transmit to the Services for
the purpose of managing the performance of the Services, as well as
data relating to your use of the Services. 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 Services. You agree that we shall have no
liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any
such loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online
forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, 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
SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
25. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in writing
at 1625 North Market Blvd., Suite N 112, Sacramento, California
95834 or by telephone at (800) 952-5210 or (916) 445-1254.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us
on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These
Legal Terms operate to the fullest extent permissible by law. 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 or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these
Legal Terms and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that
these Legal Terms will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of these Legal Terms and the lack
of signing by the parties hereto to execute these Legal Terms.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us
at: AI Dyma Pvt Ltd. Mayuresh Square, Belapur Navi Mumbai,
Maharashtra 400614 India
Phone: +91 9930555230
contact@dyma.ai