Definitions

In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalized terms wherever used in these Terms shall have the meanings as ascribed hereunder:

1. “Fyno Solutions” shall mean and refer to various services including but not limited to multiple communication platform as a service and customised engagement for messaging channels, that are/ would be offered by the Company through the Platform.
   ‍
2. “Privacy Policy” shall refer the privacy policy adopted by the Company, as issued and made accessible at https://www.fyno.io/privacy-policy 
   ‍
3. “Users”, “You” or “Your”; shall mean any natural or legal person who has access to and is using the Platform for the purpose of availing the Services offered by the Company in accordance with these Terms. The term “Users” “You” or “Your” shall mean and include any other persons/entity who has not created a User Account and are accessing the Platform without such a User Account; and
   ‍
4. “User Account” shall be the account, which the Users shall be required to create with the Platform to avail the entire gamut of Services offered by it.

Introduction

1. Intelligent Acumen Technologies Private Limited is a company incorporated under the Companies Act 2013, having it registered office at 171, 9th Main, Sector 7, HSR Layout, Bangalore - 560102, Karnataka, India ("Company"; "We"; “Our”; “Fyno"). We own, operate and manage the website https://www.fyno.io/ (“Website”) under this brand “Fyno” (“Platform”) whereby We, through the Platform, provide Fyno Solutions in connection with websites and online platform to the Users and all the features, functionalities and other allied services and products therein (“Services”), subject to term and conditions indicated in this document and/or any part of the Platform. 
   ‍
2. The Company provides access to the Platform, including all information, tools and services available from this Platform including access to all the Services, conditioned upon Your acceptance of all terms, conditions, policies and notices stated here. The User’s use of the Platform and related Services, including but not limited to viewing information, acting on such information and the transactions that may be implemented through the Platform, is governed by and shall be subject to these terms and conditions (hereinafter referred as “Terms of Service”), the terms whereof are subject to change at any time, without prior notice to You. Any new features or tools which are added to the current Platform shall also be subject to the Terms of Service. To ensure that You are aware of the changes, please review these Terms of Service and all the documents referred to hereunder periodically.
   ‍
3. If You continue to browse through this Platform, You are agreeing to be bound by the Terms which along with the Privacy Policy, as displayed on the Platform, govern your relationship with us. You confirm that You have also read and have agreed and accepted to be bound by the terms and conditions incorporated in the terms of the Privacy Policy, which shall be deemed to be a part of these Terms of Service.
   ‍
4. In the event You are representing an incorporated entity, You hereby confirm that You have been expressly authorised by such entity to consent these Terms of Service, and such entity agrees to be bound by the terms hereunder.
   ‍
5. These terms of Service set forth the legally binding terms of Your use of the Platform and related services. By proceeding further, You confirm that You have read and have agreed and accepted to be bound by the terms and conditions mentioned herein and incorporated in any additional guidelines or rules applicable to particular services promulgated by the Company on the Platform that may be amended from time to time (“Supplemental Terms”), which shall be deemed to be a part of these Terms of Service. In the event of any conflict between the terms of these Terms of Service and any aforesaid Supplemental Terms, the Supplemental Terms shall prevail. If any of the terms of these Terms of Service or of any of the Supplemental Terms are not acceptable to You, please do not use the Platform. Your continued usage of the Platform after any change constitutes Your acceptance of the amended Terms of Service.
   ‍
6. Kindly read the terms of these Terms of Service carefully before accessing or using the Platform or Services. These Terms of Service shall be legally binding on the Users. 
   ‍
7. These Terms of Service apply to all Users of the Platform, including without limitation users who are browsers, vendors, customers, and/ or contributors of data, content, information, pictorial representations and/or images.

Terms of Use

1. The Company will provide Services to You subject to continuous compliance with the terms and conditions stipulated in this document. The Services are extended through the Platform that enables You to avail the Fyno Solutions provided by the Company on the Platform.
   ‍
2. By using the Platform or Services, you agree to comply with and be legally bound by the Terms of Service. These Terms govern your access to and use of the Platform and Services and constitute a binding legal agreement between you and the Company.
   ‍
3. If you do not agree to these Terms, kindly do not access or use the Website or Services. The User can access the Services directly via the Platform.
   ‍
4. You acknowledge and agree that, by accessing or using the Platform or Services or by availing any Fyno Solutions therein from the Platform, you are indicating that you have read, and that you understand and agree to be bound by these Terms and receive our Services.
   ‍
5. We reserve the right at any time to modify, suspend or discontinue the Service and/ or eliminate any aspect or features of the Platform or the Services (or any part or content thereof) as it deems fit, without notice at any time and shall not be held liable to any third party for such change or modification or discontinuation as specified hereinabove. The Company makes no commitment, express or implied, to maintain or continue any aspect of the Platform/Services. All prices are subject to change, as the Company may deem fit at any time. The Company will notify you about any change in the Terms of Service or the fees or the Services or features of Platforms, via any medium including notice on the Platform.
   ‍
6. The Company may, based on any form of access to the Platform or Services or registrations, including free trials, through any source whatsoever, contact the User through SMS, e-mail and/or call, to give information about its products as well as notifications on various important updates and/or to seek permission for demonstration of its products and/or for marketing purposes. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail. After the registration via the Platform, you acknowledge and agree that the employees of the Company or any person authorised by the Company in this regard, may contact you for the above-mentioned purposes and promotional purposes through telephone, SMS, email etc. The Company shall have the right to monitor the download and usage of the Platform/Services and the contents thereof by the User, as specified in the Privacy Policy of the Company in order to enable effective and efficient usage of the Services and access to improvised and customised Fyno Solutions.
   ‍
7. The Company has taken the best efforts to train the personnel engaged in the sales and customer service departments, however it makes no warranties or representations whatsoever regarding the quality and competence of such personnel. The Company would not be responsible in any manner for any deviant behaviour of any such personnel. The User may give us feedback about the services provided by such personnel and Company reserves the right and discretion to take any action in this regard.
   ‍
8. The Platform/Services or any content, are compatible only with certain devices/tablets/instruments/hardware The Company shall not be obligated to provide workable products and/ or services for any instruments that are not recognized by the Company or which are not compatible with the Company's products and Services. The Company reserves the right to upgrade the table/ type of compatible devices as it may deem fit from time to time.
   ‍
9. The Company shall have no responsibility for any loss or damage caused to device or any other hardware and/ or software and/ or instrument, including loss of data or effect on the processing speed, resulting from your use of our Services.
   ‍
10. The Platform can be accessed from countries around the world and may contain references to services and content that are not available in Your country. These references do not imply that Company intends to announce such services or content in Your country. The Platform and the Service are controlled and offered by the Us from India. Company makes no representations that the Platform or the Service are appropriate or available for use in other locations. Those who access or use the Platform or the Service from other jurisdictions do so at their own volition and are responsible for compliance with local laws of India.

User Eligibility

The Platform and Services can be accessed and used by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which can form legally binding contracts under the applicable law. Only individuals who are eighteen (18) years of age or older may use the Platform and avail Services. The Company reserves the right to terminate the User Account and/ or deny access to the Platform if it is brought to the Company’s notice or if is discovered that the User does not meet the conditions herein.

User Conduct

By agreeing to these Terms of Service, 

1. You represent that You are at least the age of majority in your state or province of residence and You have given Us the consent to allow any of Your minor dependents to use this Platform;
   ‍
2. You will not use any of the Services for any illegal or unauthorized purpose. No User shall be permitted to perform any of the following prohibited activities while availing our Services: 
   I. using the Platform or Services for any unlawful purpose;
   II. use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the  Website/Services, to access, acquire, copy or monitor any portion of the Website/Services, or in any way reproduce or circumvent the navigational structure or presentation of the Website, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Website/Services;
   III. to solicit others to perform or participate in any unlawful acts;
   IV. to violate any international, federal, provincial or state regulations, rules, laws, or any applicable ordinances;
   V. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to infringement or violation of our Intellectual Property Rights or the Intellectual Property Rights of others;
   VI. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
   VII. to submit false or misleading information;
   VIII. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Platform, other Platforms, or the internet;
   IX. to collect or track the personal information of others;
   X. to spam, phish, pharm, pretext, spider, crawl, or scrape;
   XI. for any obscene or immoral purpose;
   XII. to interfere with or circumvent the security features of the Service or any related Platform, other platforms, or the internet;
   XIII. impersonate any person or entity, or falsely state the details;
   XIV. interfere with, or inhibit any user from using and enjoying access to the Platform/ Services, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Platform/Services;
   XV. access or use the Platform/Services in any manner that could damage, disable, overburden or impair any of the Platform’s servers or the networks connected to any of the servers on which the Platform is hosted;
   XVI. use the Platform/ Services for purposes that are not permitted by: (i) these Terms of Service; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction;
   XVII. violate any of the terms specified under the Terms of Service for the use of the Platform/Services;
   XVIII. decompile, reverse engineer, or disassemble the contents of the Platform and/or Services or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform and/or Services, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Platform and/or Services; or
   XIX. reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Platform through which the Service is provided, without express written permission by Us.
   
   We reserve the right to terminate Your use of the Service or any related Platform for violating any of the prohibited uses or any other terms specified herein.
   ‍
3. You will not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws);
   ‍
4. You must not transmit any worms or viruses or any code of a destructive nature. Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.
   ‍
5. Any fraudulent use of this Platform or applicable payment method to avail the Services, which causes any monetary loss to the Company as a result of Your action/inaction shall be recovered from You. Without prejudice to the above, the Company reserves the right to initiate legal proceedings against You for the fraudulent use of this Platform or for any other unlawful act or omission in breach of these Terms of Service;
   ‍
6. The images and pictorial representations on the Platform may be enhanced for advertising purposes;
   ‍
7. You also understand and acknowledge that the use of the Platform requires internet /mobile network connectivity. You shall bear the costs incurred to access and use the Platform and We shall not, under any circumstances whatsoever, be responsible or liable for such costs;
   ‍
8. It is the sole responsibility of the User to ensure that the account information provided by the User is accurate, complete and latest.
   ‍
9. You shall be solely responsible for all activities undertaken through Your User Account, whether or not You have authorized such activities or actions and shall, at all times, keep the Company indemnified in this regard;
   ‍
10. A breach or violation of any of the Terms will result in an immediate termination of Services and may result in reporting to the law enforcement agencies (if deemed necessary by the Company).
    ‍
11. We reserve the right to refuse Service to anyone (without assigning any reason) at any time, at our sole discretion. 
    ‍
12. Your content and information submitted by you on the Platform or any other information collected during your access of the Platform (not including credit card and other critical financial and personal information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices, subject to the terms and conditions specified under the Privacy Policy. 
    ‍
13. You acknowledge and agree that the accessibility to the Platform is dependent on multiple external factors such as internet service providers, location, bandwidth and the Company does not guarantee accessibility to the Platform at all times. In addition to the disclaimers and conditions set forth in the Terms of Service, the Company shall not be liable to the User for any damages arising from your inability to log into your account and access the Services provided via the Platform at any time.

Registration

1. In order to avail the Services and access and use the Platform, the User shall be required to register himself/herself with the Platform and maintain a User Account and receive or establish a password (“Password”) which can be used by you or each of your employees and consultants who are authorized by you to use the Services on your behalf. Additionally, You will also have the option to use a single sign-in feature through Your email account to log-in without providing the Password.
2. The User will be required to furnish certain information and details, including his/her name, mobile number, e-mail address, registered office address, and any other information deemed necessary for the purpose of registration.
3. In registering for the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by our registration form (“Registration Data”) and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4. If you provide any Registration Data that is untrue, inaccurate, not complete or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your User Account and to refuse any and all current or future use of the Service (or any portion thereof) by you. 
5. You are responsible for all activities that occur under your User Account and your Password. You agree to notify Company immediately of any unauthorized use of your User Account or Password or any other breach of security and to exit from your User Account at the end of each session. You agree that you are responsible for any losses arising out of the unauthorized use of Your User Account.
6. After registration, the User can access the Platform and avail the Services available via the Platform.
7. The User understands and acknowledges that there are certain Services which may be accessible only after registration with the Platform and creation of a User Account, in the manner specified above. 
8. Each of the Services or Fyno Solutions will be charged separately and the User shall pay for the Fyno Solution or Service or product he/she wishes to avail as mentioned at the time of registration for availing the Services. 
9. The User can access certain Fyno Solutions on the Website via subscription services. In the event, the User opts for subscription services, the User shall pay for availing the services under the subscription plan either on a monthly or an annual basis, depending on the service plan availed by the User.

Fees and Payment

1. The Company or the party issuing the license to the Company holds all rights to the intellectual property on the Website (including the general structure of the Website) or all other content contained on the Website (including text, graphics, software, drawings, plans, photographs and other pictures, videos, tones, trademarks, and trade symbols), as well as all rights to the technologies implemented within the Platform.
   ‍
2. The trademarks used in connection with the Services are trademarks of the Company (whether registered as such or otherwise). You are not authorized to make any use of them, or to duplicate or copy them in any form. All proprietary rights in the Services, including the design of the Website and the Platform, as well as any software, website, platform, computer code, graphics files, texts, and any other materials included as part of the Services (aside from third-party contents) are the exclusive property of the Company (or, in the case of third-party content, of such third parties), and shall remain their property at all times.
   ‍
3. No part of the Terms of Use affords the User any right in respect of the intellectual property owned by the Company or its licensors.
   ‍
4. Do not copy, distribute, publicly display, publicly perform, transfer to the public, amend, process, create derivative of, sell or lease any part of the foregoing, whether on your own or through or in cooperation with any third party, in any way or using any means, whether electronic, mechanical, optical, through photographic or recording means, or any other means, without obtaining the prior written consent of the Company or other rights holders, as applicable, and subject to the terms of such consent (if any). This provision is effective in respect of any processing, editing or translation performed by the Company on contents input or provided by you to the Services.
   ‍
5. If and to the extent that such consent is granted, you must refrain from removing, deleting or obscuring any message or symbol in respect of the intellectual property rights, such as copyright symbols (©) or commercial symbols (®) associated with the contents that you use.
   ‍
6. Trademarks and advertisements of parties advertising on the Services are the sole property of such advertisers. No use may be made of these, as well, without the prior written consent of the advertisers.

Renewal Policy

1. In order to ensure that you do not experience an interruption or loss of Service, all Services are offered on a yearly license basis, which will be renewed by initiating the process one month prior to the end of the subscription. A designated representative will directly connect with You to commence the renewal process.
   ‍
2. The payment method for renewal will be as per the initially agreed-upon method during the onboarding process. Alternatively, You may choose a new payment method at the time of renewal.
   ‍
3. Upon request of renewal of Services from You, the designated representative of the Company shall notify, in writing, of any change in the pricing. 

Cancellation of Fyno Solutions

1. You agree that you will make any cancellation request by way of a general request ticket that you submit through the Company’s ticketing system or You may cancel Your subscription via the subscription URL provided by the payment processor.
   ‍
2. You may, within 30 (thirty) days from the date of signing-up or (30) thirty days prior to the renewal date, cancel the annual/ biannual service (the “Cancellation Period”), in which case the Company will refund your service subscription fee for the remaining Service Term.  Further, in the event, You request for a cancellation, the refund will be made only for the period for which the Services were not used by You and such a refund would be made as per the then existing subscription charges even if You had availed the subscription at a discounted rate.
   ‍
3. In the event the cancellation is initiated, the refund shall be initiated within a period of 7 (seven) working days, subject to the refund policy of the Company.
   ‍
4. Except as set forth above, your service subscription fee shall be non-refundable. Further, no refund will be made in respect of Fyno Solutions or Services already availed or provided. The Company will initiate any refunds due pursuant to the terms mentioned herein.
   ‍
5. The Company reserves the right to cancel the provision of Services to any User at its sole discretion and the Company shall upon such cancellation pay as and by way of liquidated damages such User the fees that such User had paid the Company in the month prior to such cancelation by Us.

Publicity

You grant us the right to add your name and company logo to our customer list and on Our Platform.

Accuracy, Completeness and Timeless of Information

1. We are not responsible if information made available on the Platform is not accurate or not complete or not current. Any reliance on the material on the Platform is at Your own risk.
   ‍
2. Occasionally there may be information on the Platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Platform is inaccurate at any time without prior notice (including after You have submitted Your order).
   ‍
3. We undertake no obligation to update, amend or clarify information in the Service or on any related Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related platform, should be taken to indicate that all information in the Service or on any related Platform has been modified or updated.
   ‍
4. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. This Platform and the Services are provided on an "AS IS" basis with all faults and without any warranty of any kind.

Modifications to the Service and Prices

We reserve the right at any time to modify, suspend or discontinue the Service and/ or eliminate any aspect or features of the Platform or the Services (or any part or content thereof) as it deems fit, without notice at any time and shall not be held liable to any third party for such change or modification or discontinuation as specified hereinabove. The Company makes no commitment, express or implied, to maintain or continue any aspect of the Platform/ Services. All prices are subject to change, as the Company may deem fit at any time. The Company will notify you about any change in the Terms of Service or the fees or the Services or features of Platforms, via any medium including notice on the Platform.

Optional Tools

1. We may provide You with access to third-party tools which We neither monitor nor have any control over nor do We provide any input. You acknowledge and agree that we provide access to such tools on an “as is basis” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
   ‍
2. Any use by You of optional tools offered through the Platform is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources).
   ‍
3. Such new features and/or services shall also be subject to these Terms of Service.

Third Party Links

1. Certain content, products and services available via our Platform may include materials from third parties.
   ‍
2. Third-party links on this Platform may direct You to third-party Platforms that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or Platforms, or for any other materials, products, or services of third-parties.
   ‍
3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party platforms. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments and Feedback Submissions

1. If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us.
   ‍
2. We are and shall be under no obligation to:
   I. maintain any Comments in confidence;
   II. pay compensation for any Comments; or
   III. respond to any Comments
   ‍
3. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
   
   You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Platform. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments You make and their accuracy. We take no responsibility and assume no liability for any Comments posted by You or any third-party.
   ‍
4. Any feedback provided by the User with respect to the Platform shall be deemed to be non-confidential and may be used on an unrestricted basis to improve the quality of Services offered by the Company. Further, the User represents and warrants that (i) the feedback does not contain confidential or proprietary information of the User or of third parties; and (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) the User is not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances.
   ‍
5. NOTWITHSTANDING ANY PROVISION OF THIS TERMS OF SERVICE OR ANY OTHER DOCUMENT, YOU UNDERSTAND AND AGREE THAT E-MAIL COMMUNICATION IS NOT SECURE, AND THEREFORE YOU AGREE THAT YOU WILL USE THE COMPANY’S TICKETING SYSTEM TO EXCHANGE ALL CREDENTIALS, TECHNICAL INFORMATION AND SERVICE SPECIFIC SUPPORT REQUESTS.

Personal Information

Your submission of personal information is governed by Our Privacy Policy, displayed on the Platform.

Disclaimer of Warranties; Limitation of Liability

1. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
   ‍
2. The Company and Company Representatives do not warrant that (a) the Service will prevent the infection, or re-infection, of the Covered Websites; (b) the Covered Website will operate after it has been cleaned by company; (c) the Service will be secure or available at any particular time or location; (d) any defects or errors will be corrected; (e) any content or software available at or through the service is free of viruses or other harmful components; or (f) the results of using the service will meet your requirements.
   ‍
3. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
   ‍
4. You expressly agree that Your use of, or inability to use, the Service is at Your sole risk. You have sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the Platform and the Service. The Company shall not be liable for and You shall not make any claim whatsoever against the Company for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the Platform or the Service.
   ‍
5. Notwithstanding any other terms of these Terms of Service, the Company our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors (“Company Representatives”) shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Service, or arising from interruption of use or loss or corruption of data or for any other claim related in any way to Your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any Fyno Solution or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Notwithstanding any other terms of these Terms of Service, the Parties agree and undertake that under no circumstances shall the Service Provider be liable to You, for an aggregate amount exceeding (i) the total fees paid to the Service Provider by You or (ii) a sum equivalent to 2% (two percent) of the total outstanding amounts due and payable to the Service Provider by You, whichever is lower.
   ‍
6. Notwithstanding any other terms of these Terms of Service, the liability of the Company towards any user of our Platform and/or the Service arising under or pursuant to these Terms of Service or on account of any other reason, shall at all times be limited to the amount of consideration or fees received by Us from such user for the Service.

Intellectual Property and Properitory Rights

1. Except as expressly stated in the Terms of Service, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Platform and/or Services are proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission of the Company and nothing on the Platform and/or Services shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. The Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Company on such medium. The Platform and Services are protected by the copyright, trademark, patent and other applicable laws of India.
   ‍
2. Subject to Your compliance with the Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Service and Fyno Solutions during the term for which you have purchased a package (“Service Term”) . Except the right specifically mentioned herein, no right, title or interest shall be transferred to the User.
   ‍
3. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights in or associated with the Platform and/or Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of the Company used on or in connection with the Platform, Services, and Fyno Solutions are trademarks of the Company in India and abroad and are subject to the exclusive ownership of the Company. 
   ‍
4. Certain contents on the Platform may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, You agree and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party. You are not permitted to use the same without the consent of the respective third party.

Idemnification

1. You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature, arising directly or indirectly on account of or pursuant to Your use of the Platform and/or the Service or Your breach of these Terms of Service or the documents they incorporate by reference (including the privacy policy of the Platform), or Your violation of any law or the rights of a third-party.
   ‍
2. Notwithstanding the above, in no event shall the Company be liable to you or to any third party for any losses or damages arising out of your use of the Platform or the Services, whether based on warranty, contract, tort (including negligence) or otherwise.
   ‍
3. We will not accept any liability for any loss or damage (actual and consequential) resulting from or in connection with the use of the Platform and/or the inability to use it or for any loss or damage (actual and consequential) resulting from any delay or failure in the performance of the Service on account of any third party or person or due to any technical or technological failure or any other circumstances beyond Our control.

Severability

If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

Breach and Violation of the Terms

1. In the event of any breach of these Terms of Service by the User, the User agrees that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company will be entitled to injunctive relief in addition to all applicable legal remedies.
   ‍
2. Any violation of the Terms of Service or any other policy of the Company by the User may result in immediate suspension or termination of the User account apart from any legal remedy that the Company can avail as per the applicable law. The violation of these Terms could also result in civil or criminal liability under applicable laws.

Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by Us on this Platform or in respect to The Service constitutes the entire agreement and understanding between You and Us and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law and Dispute Resolution

1. These Terms of Service and any separate agreements whereby we provide You Services shall be governed by and construed in accordance with the laws of India and subject to the arbitration provisions below, the Courts of Bangalore will have the sole and exclusive jurisdiction in case of any matter or dispute arising under or pursuant to these Terms of Service. You expressly waive any express or implied objection to the same. 
   ‍
2. ‍Negotiation and Arbitration: All differences or disputes between You and the Company relating to or arising out of or pertaining to these Terms of Service, which cannot be resolved amicably within 30 (thirty) days of the dispute having arisen, shall be referred to arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996, as amended and/or restated from time to time. The arbitration shall be conducted by a sole arbitrator appointed mutually by the disputing parties. The seat and venue for the arbitration shall be Bangalore. The arbitrator’s award shall be final and binding upon the parties. The arbitration proceedings shall be conducted in the English language.

Force Majeure

We shall not be held liable for any of Our obligations under the Terms of Service due to reasons beyond our control such as down time of servers, viruses, strikes, technical snags, system compatibility, natural calamities, acts of war, terror etc. You agree not to hold Us liable for any delay or adverse effect caused due to the occurrence of such an event.

Contact Information

We attempt to make all best endeavours to provide our Users with a content, satisfying and enjoyable experience. In the unlikely event that you face any issues or wish to give any feedback, You can contact the Company at coordinates mentioned below:

Name: Ashwin Agarwal
Email: team@fyno.io
Address: 171, 9th Main, Sector 7, HSR Layout, Bangalore - 560102, Karnataka, India.
Tel: +91 91482 00147 (India)

You acknowledge and agree to the Terms and understand that they shall apply to your use of the Platform and Services. The Company has given you a reasonable opportunity to review these Terms and after reviewing and understanding the Terms, you have agreed to the same.

Notice

All notices served by the Company shall be provided via email to your account or as a general notification on the Platform as the Company may deem fit. Any notice to be provided to the Company should be sent to the registered office of the Company or via e-mail to team@fyno.io. 

Heading

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.