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Jovian - Learn Data Science and ML with free hands-on online courses | Product Hunt

Terms of Service

Background and Objective

The Platform (defined below) is owned and operated by SwiftAce Inc., a Delaware corporation headquartered at 291 S Milpitas Blvd, Suite 217, FalconX, Milpitas, CA 95035. SwiftAce Inc. has a fully-owned subsidiary in India, SwiftAce AI Private Limited, a company incorporated under the provisions of Companies Act, 2013, with its registered office at 58-14-94/1/4, FF-202, Merripalem Vuda Layout, Visakhapatnam-530009, Andhra Pradesh, India. SwiftAce Inc and SwiftAce AI Private Limited are collectively referred to as “Company ” "we," "us,", "our", “Jovian”.

The Company requests You (as defined below) to carefully go through these terms & conditions (“Terms of Service” or “Agreement” or “ToS”) prior to using or accessing the Platform. If You continue to use this Platform, You irrevocably and unconditionally agree to comply with, abide by and be bound by all the obligations stipulated in this ToS, which together read with our Privacy Policy available at https://jovian.ai/privacy-policy.html. (“Privacy Policy”) and any other applicable policies referred to herein or made available on the Platform, shall govern the Company’s relationship with You in relation to the Platform and shall be considered as a part of these ToS. This ToS only applies to the Platform. If there is any third-party platform, website or services undertaken or linked to this Platform, please note that the terms of use of such third parties shall apply, unless expressly and specifically stated. The User alone shall be responsible for the use of the Services of such third parties. These ToS supersede all previous oral and written terms and conditions (if any) communicated to You and shall act as a binding Agreement between Company and the Users (as defined hereunder). If you do not agree to be bound by all terms and conditions captured in this TOS, please do not use the Platform or Services.

Definitions

Account” shall mean the account created by a User as per terms set out under the ToS which enables the User to access and use the Services provided on the Platform.

Platform” shall mean the website available at https://www.jovian.ai/ or any other platform which will be made available to render the services.

"Content" shall mean and includes, without limitation, any information, data (including but not limited to any visual data), projects, text, reports, blogs, User profiles, software, datasets, source code, tags, graphs/graphics, scripts, photos/images, and interactive features generated, provided, or otherwise made accessible either by you or by us or our partners or sponsors on or through the service.

Intellectual Property” means patents, trademarks, service marks, design rights copyrights, know-how and other similar rights or obligations held by the us, whether registerable or not.

"Service(s)" shall mean such services provided through the Platform. Notwithstanding anything contained here, the services may change from time to time, at the sole discretion of the Company.

You” or “User(s)” or “Consumer” shall mean any end user or his/her representatives or affiliates who has completed the registration process, as described under account registration below. Unless repugnant to the context thereof, the term “User” shall also include any casual visitor of the Platform.

Services

The Company is in the business of, inter alia, providing an online Software as a Service (SaaS) Platform for sharing and collaborating on data science projects, wherein users can create an Account to upload their projects on the Platform for sharing publicly or privately, comment on other users’ reproduced work. We also provide on-premise and private cloud deployment of Services for enterprises. Other users visiting a user’s profile can view all public projects created by the user. A user can also see his/ her own private and secret projects. Apart from projects, the public profile also shows an activity feed or timeline, which lists all the public actions the user has performed on the platform, including but not limited to creating, updating, editing or deleting projects, etc.

A project uploaded to the Platform can consist of many things: datasets, source code, graphs, analysis of data, input & output files like CSVs, images etc. Projects created on the Platform have one owner, but they can have multiple collaborators. The creator can add collaborators via email or by providing their Platform username. Users can also create teams on the Platform. Each user shall always remain liable for any content uploaded by him/ her.

The Platform provides a small installable module in the form of an open-source python library (https://github.com/JovianML/jovian-py) that users are required install on their own computers in order to analyze data, train models, plot graphs, etc. When the python library is invoked in the code, it picks up all the relevant information like code, dataset, development dependencies, etc. and uploads them to the user’s Account. A user is required to provide an API key from their Account, which is stored on their computer to uniquely identify them on that computer and associate their work with their Account.

Our Services allow messaging and sharing of information in many ways, which includes sharing the profile details and sending direct messages to the other Users. We are not obligated to publish any information or content on our Platform and can remove it in our sole discretion, with or without notice. Information and content that You share or post may be seen by other Users on the Platform. We have made certain privacy settings available to all Users and we will honour the choices You make about who can see your content or information. However, it is advisable that the Users use such privacy settings in a manner which suits their preferences while using the Platform. There are 3 privacy options for projects: public, secret and private. Public projects are visible on a user’s profile, where they can be seen by other people, show up in Google search results, and can be featured on promotional emails and/or blog posts sent by Jovian. Anyone on the internet may access a user’s public projects. Private projects are those for which the creator has to explicitly grant access to other users of the Platform, for them to be able to see & modify the project. Access is granted by entering the Jovian username or registered email. Secret projects are hidden from a user’s profile, and are not indexable by search engines. The user can share the link of a secret project with others, and they can then view the secret project.

You can repost content from App elsewhere, provided that you attribute the content back to the App and respect the rights of the original poster, including any “not for reproduction” designation. Further, You may enable another online service provider, such as a social networking service such as Google, YouTube, Slack, LinkedIn, Facebook, Twitter, blogging sites, etc. (“Integrated Service Provider”), to be directly integrated into your account on the Application. By enabling an integrated service, You are allowing us to pass to, and receive from, the Integrated Service Provider your log-in information and other Content. For more information about our use, storage, and disclosure of information related to you and your use of integrated services within the Application, please see our Privacy Policy. Note that your use of any Integrated Service Provider and its own handling of your Content and information is governed solely by their terms of use, privacy policies, and other policies.

A User is the owner of all Content, information, data, and material that is generated, uploaded, accessed, interpreted, and/or analysed through the Platform and/or Services. The User shall ensure that the Content does not infringe or violate any intellectual property rights, publicity/privacy rights, law or regulation; and/or contain any viruses or programming intended to damage, surreptitiously intercept or expropriate any system, data or personal information.

The Company is not and shall not be obliged to review the Content for accuracy or potential liability, and the User shall fully indemnify, defend and hold the Company harmless from and against any and all damage, losses, costs, or liabilities that may be caused to the Company due to a breach of any of the above conditions. For complete deletion of a project or Content from the Platform, a User needs to contact support and place a request.

You acknowledge and agree that we may preserve Your Content and may also disclose your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Application, its users, or the public.

The company also provides on-premise or private cloud deployment, i.e. setting up a private instance of the Platform for use within a particular company only. All the accounts, projects, data etc. for a private instance are managed separately and independently from the publicly hosted Platform. Private cloud deployment is hosted on a particular company’s own cloud infrastructure. It is managed and distributed through AWS Marketplace, Google Cloud Platform Marketplace, or Microsoft Azure Marketplace. The company is required to comply with the listing requirements for each such marketplace and the Users shall provide the Company reasonable assistance for the same. In cases where the aforesaid marketplaces cannot be used, the Company may offer a custom deployment on the customer’s infrastructure or on the Company’s infrastructure. Accounts, projects, data etc. in private deployments will reside within the customer’s infrastructure and the Company shall have the right to collect metadata in the form of usage information, telemetry, request logs, system failures, etc. to improve and support the Platform. On-premise and private cloud users may upgrade the Platform to newer versions for free as long as they continue to pay as per the provided payment terms. On premise and private deployment can only be used with a valid licence. Every on-premise deployment has an in-built mechanism to check the payment status of the deployment, and a user will be prevented from using the Platform if the licence is not valid. A user must not attempt to prevent the licence check or otherwise modify or use the Services or the Platform.

Subscription to Services

Subject to the terms herein, the Company hereby grants to the User a non-sub licensable, non-transferable, non-exclusive subscription to access and use the Service. The User shall ensure that its employees, account managers or anyone else acting on its behalf, comply with the terms and conditions set out in this TOS. The User also agrees to refrain from taking any steps such as reverse assembly or reverse compilation of the Platform and/or Services to derive a source code equivalent to the same. The Company’s Intellectual Property licensed to the User shall not be reproduced, distributed or copied in whole or in part. The User shall have access to the necessary support required to use the Services from time to time.

The User hereby represents and warrants that it shall:

  • not use the Platform and/or Services in a manner that is prohibited by any law or regulation; and

  • be responsible for any acts or omissions on the part of the end User who uses the Platform and/or Services and any Content posted by such User.

Payment and Taxes

In order to use the Platform and/or certain Services, you must pay the company as per the terms set out at https://www.jovian.ai/pricing.

The User must pay the charges by bank transfer or using such payment details as are notified by the Company to the User from time to time. Except as specifically prescribed in this TOS, each Party is separately responsible for their own taxes payable in connection with this Agreement. All sums payable (if any) shall be paid in full, free of all deductions and withholdings of any kind except where any deduction or withholding is required by law. The charges exclude GST , or other applicable taxes. Where GST or other tax is payable, User agrees that the Charges will be increased by an amount equivalent to the GST, or other taxes as applicable.

Updation of Terms of Service

The Company reserves the right, in its sole discretion, to modify or replace all or any part of the ToS, or change, suspend, or discontinue all or any part of the Services at any time by posting a notice on the Platform. Your continued use of the Platform following the changes to the ToS constitutes acceptance of those changes.

Eligibility

In order to access and use the Platform or register You must be an individual and should be at least eighteen (18) years old and should be competent to get into contracts in accordance with the Indian Contact Act, 1872.

Registration and Account Integrity

If You wish to avail our Services while using our Platform You will first be asked to create an account with us. As part of the registration process/ for creating your account, You will need to provide us with the following information such as your first name, last name, mobile number, and email address.

Any information shared by the User on the Platform may be shared with other third parties to ensure that the Services are rendered efficiently. It is the responsibility of the User to ensure that the information provided is accurate, secure, valid, up-to-date and not misleading. The User shall be solely liable for any information that is uploaded using the User’s Account and the User agrees to fully indemnify and hold harmless Jovian, its affiliates/ subsidiaries/ joint venture partners and each of its, and its affiliates’/ subsidiaries/ JV partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys fees. The User shall not create a username using (i) the names and information of another person; or (ii) using words that are the trademarks or the property of another party (including ours); or (iii) words that are vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach of the above conditions.

The User shall ensure the security of the Account. The User shall immediately notify Jovian in writing of any unauthorized use of his/her account, or any other Account-related security breach upon the same being noticed.

You can access the Platform through your Account maintained in the Platform. The Account is provided on an ‘as-is’ basis. While Jovian strives to maintain the highest levels of Platform availability, Jovian shall not be liable for any interruption that may be caused to the User’s access of the Services or to his/her Account on the Platform.

You agree to: (1) choose a strong and secure password (2) keep your password secure and confidential; and (3) be solely responsible for anything that happens through the Jovian Account.

Rules and Conduct

As a condition of use, You promise not to use the Platform or the Service for any purpose that is prohibited by the ToS or other rules or policies implemented by Jovian from time to time or any other applicable law.

To ensure the discussions on the Platform help our Users to be more productive Jovian has put in place a set of guidelines outlining the activities that are acceptable on the Platform, and what is inappropriate. These guidelines are intended to provide guidance and restrictions governing the use of, and participation in, our Services.

  • Be Nice. The Platform should not be used to harm others or to air personal grievances and disputes.

  • Respect Jovian’s Rights. Don't violate the rights of Jovian. The Users shall not suggest that they are affiliated with or endorsed by Jovian when they are not.

In addition to the guidelines mentioned above, You shall not display, download, modify, publish, transmit, update or share any information that You receive as a part of Services being offered to You and You shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes any Intellectual Property or other right of any other person or entity; (iii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) impersonates any person or entity, (v) harm minors in any way, (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature, (vii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation, or (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

Jovian reserves the right to remove any Content (including your profile) from the Platform at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content via the report/spam button, or if Jovian is concerned that You may have violated the Terms of Service), with or without notice to the User/Users.

Permission

Jovian hereby grants You permission to access and use the Service as set forth in these ToS provided You shall not (directly or indirectly):

  • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;

  • bypass any measures we may use to prevent or restrict access to the Service (or parts thereof);

  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction;

  • modify, translate, or otherwise create derivative works of any part of the Platform or Service; and

  • copy, rent, lease, distribute, or otherwise transfer any or all of the rights that You receive hereunder.

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password mining or any other illegitimate means.

You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, including any Account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.

The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.

In case of non-compliance with any applicable laws, rules or regulations, or the ToS (including the Privacy Policy) by a User, we shall have the right to immediately terminate your access or usage rights to the Platform and Services and to remove non-compliant information from the Platform.

Your Use of the Content

You understand and acknowledge that:

  • The Content is provided to You in an ‘as is’ manner and Jovian is not responsible for the Content uploaded by You and the other Users on the Platform. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Jovian or the respective licensors of Jovian. Jovian and its licensors reserve all rights not expressly granted in and to the Service and the Content.

  • While accessing the Platform, Service and the Content provided by Jovian, You understand that the Content made available on the Platform is based on indicative fields and Jovian is not responsible for the accuracy, usefulness, safety, or Intellectual Property rights of or relating to such Content or Services. You further understand and acknowledge that You may be exposed to Content that is inaccurate and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Jovian with respect to the Content and the Services provided.

  • You understand that your Content may be republished and if You do not have the right to submit Content for such use, it may subject You to liability, and that Jovian will not be responsible or liable for any use of your Content by Jovian in accordance with this ToS.

  • You understand that any other Content You find on or through the Platform is the sole responsibility of the User who originated such Content.

  • You are not relying on Jovian to, and that You understand that we do not, endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content or communications posted via the Platform or endorse any opinions expressed via the Platform.

  • You understand that by using the Platform, You may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, and that You have no claim against Jovian for any such material.

Use of Your Information and Content

You should only provide content and information that is your own or have the right to use. We do not claim ownership of your content. Instead, when you share any content on the Platform, You hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, perpetual worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.

We reserve the right to maintain, delete or destroy all information, Content and materials uploaded on the Platform pursuant to our internal record retention and/or destruction policies, upon reasonable notice provided to You. We may make use of third party cloud services provider or our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the Content stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the Content to be permanently deleted, irretrievable, or temporarily inaccessible.

Third Party Content or Service

Jovian may provide Users with links to, or contact information for, third party sites or services. Jovian is not responsible for, and does not endorse, any third-party content, sites, or services mentioned on the Platform. For example: we may use data from third-party partners, to show You ads, offers, and other sponsored content that we believe will be meaningful to You. And we try to make that content as relevant as all your other experiences on the Platform. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties whom the User may connect with through a mechanism facilitated by the Company. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User’s own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party Users/vendors.

Use and protection of Intellectual Property Rights

Jovian owns the title over all the Intellectual Property on the Platform (except your personally identifiable information). No information, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Jovian’s express permission. You are hereby given a limited licence to use the Platform, subject to your agreement of these Terms.

When You upload, submit, store, send or receive content that may include feedback, videos to or through our Platform, You give Jovian a worldwide, perpetual license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights You grant in this license are for the limited purpose of operating, promoting, and improving the Platform, and to develop new ones. Notwithstanding anything contained herein, You hereby release Us from any liability which may arise as a cause of You publishing any content on the Platform including but not limited to videos.

Alerts and Notifications

The Platform provides You with multiple automatic alerts and notifications. You understand and agree that any alerts provided to You through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by You or any third party in reliance on an alert.

Further, in the process You agree that we may contact You through telephone, email, SMS, or any other means of communication for the purpose of:

  • Obtaining feedback in relation to Platform or our Services;

  • Obtaining feedback in relation to any other User of the Platform;

  • Resolving any complaints, information, or queries by other Users regarding your Critical Content; or

  • For sending promotional and marketing messages.

By submitting suggestions or other feedback regarding our Services or Platform to Jovian, You agree that Jovian can use and share such feedback for any purpose without compensation to You and Jovian is under no obligation to keep such feedback confidential.

Content Ownership and Copyright Conditions of Access

We authorize the User to view the Content available on or from the Platform only. User shall not modify our Content or reproduce, display, publicly perform, distribute, or otherwise use our Content in any way for any public or commercial purpose or for personal gain.

Profile Ownership and Editing Rights

We ensure easy access to the Users by providing a tool to update your profile information upon registration. We reserve the right to moderate the changes or updates requested by You, and we shall take the independent decision whether to publish or reject the requests submitted for the respective changes or updates in your profile. The ownership of the User profile vests with the User. However, the ownership of all the Content, except User profile belongs to the Company.

Support

Jovian offers email-based and online support tools. You may access support resources or contact our support by emailing at hello@jovian.ai. The Company does not make any promises regarding how quickly we will respond to your request for support, or that we will be able to fix any problems You may be having. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.

Termination

The Company reserves the right to suspend or terminate your access to the Platform and the Services with or without notice and to exercise any other remedy available under law including but not limited to in cases where:

  • You are in breach of any of the terms and conditions contained herein,

  • The Company is unable to verify or authenticate any information provided to Company by You,

  • The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User, or

  • The Company believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Company, or are contrary to the interests of the Platform.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same Account, a different Account, or re-register under a new Account. On termination of an Account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the ToS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

Confidentiality

Confidential Information shall mean all written or oral information, proprietary to the Company, including, source code, object code, customer lists, employee lists / policies, samples, models, data, designs, programs, drawings, tools, concepts, formulae, algorithms, processes, technical specifications, synchronization interfaces, material prepared by the Company including derivative works. All data, information, and material by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential. A User shall share or disclose any Confidential Information of the Company with any third party, except with the prior written consent of the Company and as per the terms and conditions of this Agreement.

The Company shall undertake all reasonable best efforts to protect the User’s Confidential Information, and to ensure that no third party can access the same, except authorized personnel of the Company to carry out maintenance work/ troubleshooting/ technical work.

Each Party agrees that it shall in no event, circumvent, attempt to circumvent, avoid, by-pass or in any manner enter into any business transactions with any third party by making use of any Confidential Information disclosed to it by the other Party, other than for the provision of the Platform and/or Services.

Both Parties shall immediately cease to use the other Party’s Confidential Information and within ten (10) days return the Confidential Information of the other Party following the earlier of: the termination of this Agreement; or the written request of the disclosing Party in this regard.

During the Term and for a period of three (3) years thereafter, each Party agrees to maintain all Confidential Information in the same manner and with the same protection as it accords to its own Confidential Information, but in no event using less than reasonable care, and to use such Confidential Information only as permitted under this Agreement. Each Party agrees to only disclose the other Party’s Confidential Information to its employees: (a) on a need to know basis; and/or to (b) consultants, advisors, agents, vendors, etc. who are informed of the nondisclosure/ non-use obligations imposed under this Agreement. All such employees, consultants, advisors, agents, vendors, etc. shall be required to assume obligations of confidentiality equal to or greater than the obligations that the Receiving Party has assumed in this Agreement with respect to the Confidential Information. Both Parties shall take steps as each determines appropriate to implement and enforce such non-disclosure/non-use obligations.

Data Protection and Security

The Company agrees to deploy several methods to prevent the unauthorized content viewing, copying, and accessing of any of the User's Confidential Information, which covers all material breaches including but not limited to preventing unauthorized access to platform, making an attempt to copy screens, workflow, system, report, inference, algorithms, concepts, User content in any form and/or User core business processes implemented on the Company Platform. In order to ensure the security of the User's Confidential Information, the company has enacted a confidentiality, security and safety framework.

The Company undertakes and warrants to process and store the data in accordance with applicable laws of India.

The User warrants to the Company that it has the legal right to disclose all Content/ data that it does in fact disclose to the Company under or in connection with this Agreement.

Representations and Warranties

Each Party hereby represents, warrants and covenants that:

  • The party has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement;

  • The party will comply with all applicable legal and regulatory requirements applying to the exercise of the party's rights and the fulfilment of the party's obligations under this Agreement; and

  • The party has access to all necessary know-how, expertise and experience to perform its obligations under this Agreement.

Disclaimer

The Platform and/or Service (including, without limitation, any content) is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The company and its directors, employees, agents, suppliers, sponsors and partners do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content available at or through the service is free of viruses or other harmful components; (d) the results of using the service will meet your requirements; (e) the platform, work product, or any activities or items related to this terms of service shall be free from defects. Your use of the service is solely at your own risk.

The Company shall not be liable for any delay, loss of Content/data/information or other failure of performance during the scheduled downtime. The Platform and/or Service is provided "as is" and "as available" without representation or warranties of any kind. The Company makes no warranties as to the availability of uninterrupted, error free, completely secure, or virus free services as the Platform and/or Services are dependent on third party service providers. The Company shall not be liable for any delay, down time, loss of Content/data/ information or other failure of performance, if the cause or circumstances for the same is beyond the reasonable control of the Company, but will use reasonable best efforts to correct any performance problem brought to its attention. The Company shall not be responsible for incidental, indirect or consequential damages arising out of or in connection with the service or materials provided hereunder.

The Company’s total liability under or in connection with these TOS, whether in tort or contract (including for breach of warranty, negligence and strict liability in tort), will be limited to the actual direct damages incurred but will not exceed the amounts actually paid to the Company by the User in the six (6) month period immediately preceding the User’s formal written notice of the claim for liability hereunder. The Company will be liable for any consequential or indirect damages, regardless of the form of action or the theory of recovery, even if it has been advised of the possibility of such damages.

User Responsibilities

The User is solely responsible for the Intellectual Property content transmitted by it using the Platform and/or Services at its end, and shall defend, indemnify and hold harmless the Company from and against all liabilities and costs (including reasonable attorneys’ fees) directly arising from any and all third-party claims by any person based upon the content claimed to be the User’s Intellectual Property. The User is not permitted to resell the Services. The User shall use the Services only for lawful purposes. The User shall implement security procedures necessary to limit access to the Platform and/or Services to the User’s authorized Users (User means Users account manager or anyone having access to the dashboard at the User’s end) for the use of the Platform and/or Services and excludes end-users who will be using the Services to put their postings). The User shall ensure the security of its account and confidentiality of its password. The Platform and/or Service is not meant as a data storage or backup service, and the User shall maintain an independent backup of Content. The User is responsible for establishing designated points of contact to interface with Platform and/or Services.

Acknowledgements and warranty limitations

The User acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this Agreement, the Company gives no warranty or representation that the Platform and/or Services will always be wholly free from defects, errors and bugs.

The User acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this Agreement, the Company gives no warranty or representation that the Platform and/or Services will always be entirely secure.

The User acknowledges that the Platform and/or Services are designed to be compatible only with that software and those systems specified as compatible in the specifications provided by the Company; and the Company does not warrant or represent that the Platform and/or Services will be compatible with any other software or systems.

Intellectual Property

The User acknowledges that Company retains all right, title and interest in the Intellectual Property including Platform and/or Services and all software, materials, formats, interfaces, information and data (except Content generated by User and its users), content and Company proprietary information and technology used by Company or provided to User in connection with the Platform and/or Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by User or learned as a result of User's use of the Platform and/or Services, and that the Platform and/or Services is protected by intellectual property rights owned by or licensed to the Company. Other than limited permission to use the Platform and/or Services provided by the Company as expressly set forth in this Agreement, no other license or other proprietary rights in the Platform and/or Services are granted to the User and all such rights are hereby expressly reserved by the Company.

Force Majeure

We shall be not be responsible for delays or failures in performance of the Platform or the services provided resulting from labour conflicts, industry wide shortages of labour or material, acts of war or civil disruption, governmental action, acts of God and other natural disasters which is beyond the reasonable control of Us.

Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/JV partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Service or the Platform or use in contravention of the terms mentioned in this TOS, or (ii) your violation or breach of the ToS or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event you will assist and cooperate with us in connection therewith and bear the expenses or reimburse the Company with the reasonable attorney fees and court fees.

Governing Law

This ToS shall be governed by and construed in accordance with the laws of India without regard to the conflict of law provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform or Services, the terms or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts at Vishakhapatnam and You hereby accede to and accept the jurisdiction of such courts.

Miscellaneous

The ToS along with the Privacy Policy constitutes the entire agreement between a User and Jovian with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between the User and Jovian with respect to the Service. If any provision of the ToS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the ToS will otherwise remain in full force and effect and enforceable. The failure of Jovian to exercise in any respect any right provided for herein shall not be deemed a waiver of any rights hereunder. The ToS are personal to You, and are not assignable or transferable by You except with Company’s prior written consent. No agency, partnership, joint venture, or employment relationship is created as a result of the ToS and neither party has any authority of any kind to bind the other in any respect.