TERMS OF SERVICE
- General
- This document is an electronic record under the laws of India which require publishing of Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the Services provided by the Company mentioned in the Website. This Document is being generated by a computer system and it does not require any physical or digital signatures. The Website appstarai.com (hereinafter referred to as the “Website”) which is owned and operated by AppStar AI (hereinafter referred to as the “Company”), having its offices at H No: 17-8, Plot No 484 Street No 16, HMT Swarnapuri Colony, Miyapur Hyderabad Rangareddy Telangana -500049.
- Where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
- You are advised to read and understand these Terms of Service(“Terms”) carefully as moving past the home page or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the Company. These terms are to be read along with the Privacy Policy and any other policies on the Application.
- The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- The use of this Website and it’s Services by the User is solely governed by these Terms as well as the Privacy Policy and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If You continue to access, use this Website and its’s Services, you are agreeing to comply with and be bound by the following terms and conditions of use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other.
- The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website and its services following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Website and its services. If the User does not adhere to the changes, You must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.
- Definitions
For the purpose of these Terms of Use (Terms), wherever the context so requires,
- ‘Party’ &‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires;
- “Terms”, “Terms and conditions”, “Policy”, “T&C”, “Agreement” shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our Website;
- “Third Party” refers to any person other than the “User” the “Company”, or the “Website”;
- “We”, “Us”, “Our”, shall mean the Company;
- “You”, “Your”, “User” refers to the user of the Website. “User” is anyone who is visiting, accessing, browsing or using the Services offered by the Website.
- Registration, Eligibility and Access
Registration on the Website is not mandatory for fully availing the Services provided by Us. A non-registered User can browse through the content of the Website. In order to fully avail the service of the Website the User needs to send Us a message using contact forms or Alternatively the Users can send Us an E-mail to info@appstarai.com as displayed on the Home page of the Website.
You would be required to comply with the following:
- You will not provide any false personal information.
- You will not make a false request by sending us message.
- You will not use our Website or its Services if you are under the age of 18 years.
- About the Company:
The Company is dealing with a mobile platform which offers customized tools of website development and marketing services to as per the specific requirements of the Clients.
We aim to define an end to end solution by providing website marketing to all its customers who are potential business entrepreneurs. We provide customized online platform to enhance the client’s marketplace and also offers end to end software product development with various technologies like Java, .NET, PHP. With years of experience and dedicated team We has garnered affirmative recognition from the clients
- SERVICE OVERVIEW
The Website is a web-based platform which enables the User to access various Services listed in it including but not limited to Web Designing, Web Applications development, E- Commerce Applications development, Development of Mobile Apps, IT Training and Digital Marketing.
The User can click on the services tab to know about the services offered by the Website.
- ELIGIBILITY
The User/Business User represents and warrants that they are competent and eligible to enter into legally binding agreements and that they have the requisite authority to bind themselves to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User/Business User may not use the Website or its Services if they are not competent to contract under the Indian Contract Act, 1872, or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
- DISCLAIMER REGARDING SERVICES
The Website is just an intermediary, bridging the gap between Users desiring to apply for and avail the aforementioned services listed therein. The Website does not represent any institution, it merely facilitates the Users in availing the services. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties. You acknowledge that the Company has no relationship with you other than to providing you with this service.
The Company approaches third party vendors for websites development and hosting related activities. Further the Company does not guarantee for proper functioning of the services or servers. In-case if Company servers are down for maintenance or for any other reasons they will be brought back as per the Service Level Agreement of the third-party vendor. The Company does not take backups of dedicated accounts or the Services purchased by You. So, if servers don’t function as desired or crashed due to any reasons, we cannot guarantee of reproducing the Users/customers data, files or any other information present on the servers. Your use of the Services is at your sole risk. The Company is not responsible for backup. The Company is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on the servers.
- TERM/TERMINATION
These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Applications, Website, Web apps developed, and other services and tools provided by the Company.
You may terminate Your use of the Service at any time by unsubscribing the services. We may suspend or terminate Your use of and access to the services at any time and for any reason, in our sole discretion. Such suspension or termination shall not limit our right to take any other action against You that we consider appropriate.
- PAYMENT
The browsing of the Website is free, and charges will be levied for use of the Services. In a case of change in pricing terms, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site.
- COMMUNICATIONS AND ADVERTISEMENTS
By using this Website and its Services, it is deemed that You have consented to receiving telephonic calls, SMSs and/or emails from Us at any time we deem fit. We shall reach out to communicate with You and enhance Your experience while using the Website and its Services. From time to time, the Company may display several advertisements within the Website and also during the use of the Website. These advertisements shall also inform You about the new services released by us. These communications include but are not limited to contacting You through information received from Third Parties. Such communications by Us is for purposes that inter alia include clarification calls, marketing calls and promotional calls. These communications shall be sent to You on the telephone number and/or email id provided by You for the use of this Website and its Services which are subject to our Privacy Policy. In case You wish to stop receiving notifications from Us with regard to marketing and promotional calls with regard to any communication received from Us, You are required to send an email to info@appstarai.com
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us. In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations. The sharing of the information provided by You shall be governed by our Privacy Policy.
- USER’S OBLIGATIONS
You are a restricted user of this Website.
- You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website or its Services and its Services. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website or its Services is not permitted.
- We host Customer/Clients Websites. So, Customer/Client should not host other Company Websites and or misuse the brand name, data, information of other Companies or any other third parties. Customer/Client will be responsible for copyrights of entire Website including brand name used for Websites, content, images, graphics, all links present in the Website and any other data or information provided in the process of developing, hosting and maintaining the Websites.
- You agree not to access (or attempt to access) the Website or Services by any means other than through the interface that is provided by Applications, Websites, Web apps developed as part of our services listed in the company website and other services and interfaces provided by the Company. The use of deep-link, 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 Website or its Services, or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or its Services, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website or its Services. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
- In places where the interface that is provided by the Company or its applications developed as part of the services listed in the Website allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website or its Services);
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” under the relevant laws of India.
- Post any file that infringes the copyright, patent or trademark of other legal entities;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or its Services or another’s computer;
- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- Probe, scan or test the vulnerability of the Website or its Services or any network connected to the Website or its Services, nor breach the security or authentication measures on the Website or any network connected to the Website or its Services. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website or its Services, or any other customer of the Website or its Services, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website or its Services;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website or its Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or its Services or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
- Use the Website or its Services or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or its Services or other third parties;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside INDIA;
- Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Threaten the unity, integrity, defense, security or sovereignty of INDIA or any other country, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
- Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside INDIA;
- Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers.
- You shall not engage in advertising to, or in solicitation of, other Users of the Website or its Services to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or its Services or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website and its Services. It shall be a violation of these Terms of Service to use any information obtained from the Website or its Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information including the identity of the persons providing information or materials on the Applications, Websites, Web and mobile apps developed as part of services listed in the website and other services provided by the Company) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
- You hereby represent and warrant that you have all necessary rights in and to all content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
- Backing up personal data to a hosting account is prohibited. Our Services are designed to host your website, not serve as a data repository. We reserve the right to remove backups from your hosting account.
- REVIEWS, FEEDBACK AND SUBMISSIONS
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Website or its Services or otherwise disclosed, submitted or offered in connection with use of the Website or its Services (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Site will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Site. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make, and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit. Further, any reliance placed on Comments available on the Site from a third party shall be at your sole risk and expense.
- INTELLECTUAL PROPERTY RIGHTS
All information, content, services and software displayed on, transmitted through, or used in connection with the Website or its Services, (hereinafter referred to as the “Content”), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website or its Services , and solely for Your personal, non-commercial use.
You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website or its Services, not to insert any code or product or manipulate the content of the Website or its Services in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
You agree to indemnify, defend and hold harmless this website/company including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of service. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Website or its Services, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights.
In no event shall the Company/Website, its officers, directors, employees, partners or suppliers be liable to you, the vendor or the user or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the website, services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
- THIRD PARTY CONTENTS/ADS
Our Website will incorporate information and ads from third party websites and applications including but not limited to various payment gateways, which will be incorporated on the Website from time to time. Our Website merely displays such information and is not responsible for the authenticity or content of such information from third party Website and applications.
- GOVERNING LAW
Arbitration: These Terms of Service including the privacy policy shall be governed by Indian law. Any disputes arising out of or in connection with these Terms of Service shall be governed by the laws the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be in English language.
Applicable Law: You agree that the laws of the New Delhi, India, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the courts of New Delhi and we each agree to personal jurisdiction in those courts.
- PRIVACY POLICY
The Privacy Policy is separately available on the Website and can be perused by you at your convenience.
- MISCELLANEOUS PROVISIONS
- Entire Agreement: The terms and conditions set forth in this Agreement and any additional or different terms expressly agreed by the Parties shall constitute the entire agreement and understanding of the Parties with respect to each Service and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Parties shall always remain subject to the terms of this Agreement.
- Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
- CONTACT US
If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can contact us by sending an e-mail to info@appstarai.com .