Terms of Use

Contents

●      Preamble
●      Content of the Website
●      Your use of the Website
●      Links and Hyperlinks
●      Intellectual Property
●      Disclaimers
●      Limit of liability
●      Indemnity
●      Grievance redressal
●      Prohibition against airing grievances in the public
●      Confidentiality of grievance redressal proceedings
●      Prohibition against offensive public posts, criticism, etc.
●      Removal of violating posts
●      Right to injunctive relief
●      Waiver
●      Severability
●      Force Majeure
●      Communication/Notice
●      Dispute redressal; Jurisdiction
●      Amendment
●      Entire Agreement  

PREAMBLE
The Terms of Use control your use of this website at https://www.zemosolabs.com("Website") or ZemosoTechnologies Inc., an entity registered both in Delaware and headquartered in Texas, or Zemoso Technologies Ltd, an entity registered in India (in short “Zemoso”, “We”, “Us”, “Our” and the “Company”) is engaged in the business, inter alia, of providing Software development services (the “Services”). 

By using this Website or its Products and Services, You Agree and Warrant that you have read, understood, and agreed to be bound by these terms. If you do not accept these terms, you must not use - and are not authorized to use all or any portion of the company's Website and its products or services.  

Company reserves the right, at its sole discretion, to change, modify, add or remove portions of this Terms of Use, at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the website subsequent to the changes made will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. 

By using our Services, you acknowledge that you have read our Privacy Policy available at https://www.zemosolabs.com/privacy (“PrivacyPolicy”). 

This Terms of Use constitutes a binding and enforceable contract between Zemoso and You in relation to the use of this Website. Please read them carefully before you use the services of this Website. 

CONTENT OF THE WEBSITE
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled and licensed by or to Zemoso, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. 

Except as expressly provided in this Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Zemoso’s express prior written consent. 

YOUR USE OF THE WEBSITE
You should not use this Website in an unlawful manner; you must respect the Website Terms of Use and follow the Privacy Policy. 

Under no situations or circumstances, will the Company be liable for any change in the content which it provides on the website through its products and services, including but not limited to any errors, omissions, loss, or damage experienced in connection with the use of exposure, any content made available via our products, services, or various resources such as email, blog etc. 

Our services are free to any user with access to the Internet. However, we are not responsible for the charges incurred for the usage of hardware, software, or internet services provider fee. Also, the user is fully responsible for the proper functioning of computer hardware and internet access. 

We make sure that users get un interrupted access to our service, even though there is no obligation to do so.  

Company is not responsible and is not obligated for issues in your network or server beyond certain limits. 

You should not copy, distribute, and indulge in plagiarism with Website content. 

LINKS AND HYPERLINKS TERMS
This Website may have links to other websites. We do not undertake any control on the content of these websites; nor are we responsible for their website content.  

INTELLECTUAL PROPERTY
All material available on this Website are protected by copyright and trademark laws. The owner of the copyrights and trademarks are Zemoso, its affiliates, or other third party licensors. The material on the site, including text, graphics, code and/or software is copyrighted and belongs to Zemoso, therefore you may not duplicate, modify, publish, or reproduce the content in any manner. While you are granted a limited and non-exclusive right to use the Website for the restricted purpose as set forth in this Terms of Use, you acknowledge and agree that we are the sole and exclusive owner of the Website and as such are vested with all Intellectual Property Rights and other proprietary rights in the Website and services provided by us. 

Zemoso has all the rights to disable or prohibit access to the users who do not respect and involve in the infringement of Zemoso intellectual property.  

DISCLAIMERS
Zemoso do not promise that the Website or any content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and its contents are delivered on an "as-is" and "as-available" basis. All information provided on the Website is subject to change without notice. Zemoso cannot ensure that any files or other data you download from the Website will be free of viruses or contamination or destructive features. Zemoso disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness of the Product or Services for a particular purpose. Zemoso disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website. You assume total responsibility for your use of the Website and any linked sites. Your sole remedy against Zemoso for dissatisfaction with the site or any content is to stop using the Website or any such content.  

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Zemoso reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. 

LIMIT OF LIABILITY
You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the service through or from the Website or other wise; (ii) unauthorized access to or alteration of your transmissions or data. 

INDEMNITY
You agree to indemnify and hold the Company and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand (including legal expenses and the expenses of other professionals) made by a third party due to or arising out of your breach of this Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party. 

GRIEVANCE REDRESSAL
By agreeing to this Terms of Use, you undertake to first escalate all your grievances only to and through the designated Grievance Officer as set-forth herein. Any legal redressal sought by you prior to exhaustion of the alternative grievance redressal remedy shall be deemed pre-mature.  

If You have any questions or concerns or any disputes under this Terms of Use please contact us at info[@]zemosolabs.com or using the details provided on our ‘Contact Us’ page. We will use reasonable efforts to respond promptly within one month from the date of receipt grievance to requests, questions or concerns You may have regarding Our use of Personal Information about You. 

PROHIBITION AGAINST AIRING GRIEVANCES IN THE PUBLIC
By agreeing to this Terms of Use, you undertake not to air any of your grievances against Zemoso or our services, systems, process, personnel, etc in the open to the press, or in any public utterance, or on any media platform including social media.  

This prohibition shall operate absolutely during pendency of any grievance redressal process and any subsequent legal adjudicatory process opted by either party.  

CONFIDENTIALITY OF GRIEVANCE REDRESSAL PROCEEDINGS
Both parties shall maintain strict confidentiality of the grievance redressal proceedings. 

PROHIBITION AGAINST OFFENSIVE PUBLIC POSTS,CRITICISM, ETC.
You shall not directly/indirectly/anonymously in your own name or in the name of any other person, post, upload, display, modify, publish, transmit, update or share any information or communication including to the press, or in any public utterance, or on any media platform including social media, make any imputation against Zemoso or make a statement of fact or opinion that is offensive of Zemoso or its personnel, etc, including posting any information bonafide (including data, message, text, images, sound, voice, codes, computer programs , software and databases or micro film or computer generated microfiche), which is accusatory, harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of Zemoso’s or any third party’s privacy, hateful or racially/ethnically objectionable, disparaging, unlawful, or which has effect of an adverse criticism of  Zemoso in any manner whatsoever. 

REMOVAL OF VIOLATING POSTS
We shall have an unconditional right without notice to you, to take all requisite lawful steps including for immediate suspension, withdrawal, removal and deletion of any violating posts or such part of the post that, which in the sole opinion of Zemoso, does not comply with the conditions as set forth this Terms of Use or applicable law.  

RIGHT TO INJUNCTIVE RELIEF
In the event of breach of any Terms, you agree that Zemoso will be irreparably harmed and may not have an adequate remedy in money or damages. The Company therefore, not withstanding anything contrary in any law, shall be entitled in such event to obtain injunctive reliefs against such a breach from any court of competent jurisdiction. The Company's right to obtain such relief shall not limit its right to obtain other remedies 

WAIVER
Neither failure nor delay on the part of any party to exercise any right, remedy, power, or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power, or privilege. No term of this Terms of Use shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach. 

SEVERABILITY
In the event any provision of thisTerms of Use is held invalid or unenforceable under the applicable laws of India/US, the remainingprovisions shall continue in full force and effect, and the Terms of Use shallb deemed to be reformed by replacing such invalidated or unenforceableprovision with a valid and enforceable provision that gives effect as closelyas possible to the intentions of the parties as expressed by the invalidated orunenforceable provision. 

FORCE MAJEURE
Zemoso will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earth quake, epidemic, pandemic, power failure, or other similar events beyond our control that may prevent or delay service provisioning. 

COMMUNICATION/NOTICE

When you visit our Website or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on our Website. You agree that all agreements, notices, disclaimers, and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing. 

DISPUTE REDRESSAL; JURISDICTION
In the unlikely event of a dispute relating to the services and use of our Website, the dispute shall be subjected to the jurisdiction of the courts at Texas only, to the exclusion of all other courts. 

Anycomplaints should be routedthrough our Grievance Officer. 

‍The Grievance Officer is identified abovepursuant to the provisions of applicable laws including but not limited to theIndian Information Technology Act, 2000 and the Indian Consumer Protection Act,2019, and the Rules enacted under those laws. 

AMENDMENT
We reserve the right to unilaterally amend or modify this Terms of Use without giving any prior notification to You. We shall however publish the revised/updated Terms of Use on the Website so that you are aware of the revisions, modifications and amendments made by us to this Terms of Use. You acknowledge and agree that it is your responsibility to check the Website periodically for any revisions ,modifications, and amendments. Your continued use of or access to the Site, the and the Services, subsequent to any changes made to this Terms of Use shall constitute acceptance of those changes. 

ENTIRE AGREEMENT
This Terms of Use, along with the Privacy Policy, and any additional guidelines, rules, and/or disclaimers posted on the Website constitutes the entire agreement governing your use of our Website and supersedes any prior agreements, if any, relating to any matter dealt within this Terms of Use. 

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