Udgham Innovations Private Limited, with its address at AB1-204, Mapsko Casabella, Sector 82, Gurugram, 122004, provides innovative software solutions. These Terms establish the legally binding agreement between you, the user ("User," "you," or "your"), and Udgham Innovations regarding your access to and use of our Software.
By clicking "I Agree," checking a box indicating your acceptance, or otherwise using any part of our Software, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to use the Software.
To use our Software, you must be at least 18 years old and have the legal capacity to enter into a binding contract. By using the Software, you represent and warrant that you meet these eligibility requirements.
Account Creation: To access certain features of our Software, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process.
Account Security: You are solely responsible for maintaining the confidentiality of your account login credentials (username and password) and for all activities that occur under your account. You agree to notify Udgham Innovations immediately of any unauthorized use of your account or any other breach of security.
Company's Rights: We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Software if we suspect that your account information is inaccurate, incomplete, or if you violate these Terms.
License Grant: Subject to your compliance with these Terms, Udgham Innovations grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Software for your internal business purposes or personal use, as applicable, according to the specific service plan you have subscribed to.
License Restrictions: You agree not to:
- Sell, rent, lease, sub-license, distribute, or otherwise transfer the Software or any rights granted herein.
- Decompile, disassemble, reverse engineer, or attempt to derive the source code of the Software.
- Modify, adapt, translate, or create derivative works based on the Software.
- Attempt to gain unauthorized access to our systems or networks.
- Use the Software for any unlawful purpose or in any way that infringes upon the intellectual property rights of others.
- Introduce any viruses, worms, Trojan horses, or other malicious code into the Software.
Pricing: Details regarding our pricing, subscription plans, and any one-time fees will be provided on our website or within the Software. All fees are quoted in [Currency, e.g., Indian Rupees (INR)] unless otherwise specified.
Payment Methods: We accept various payment methods as indicated on our platform. By providing payment information, you authorize us to charge the applicable fees to your chosen payment method.
Refund Policy: All fees paid are generally non-refundable unless otherwise explicitly stated in writing by Udgham Innovations or as required by applicable law.
Price Changes: We reserve the right to change our prices at any time. We will provide reasonable notice of any price changes by posting the new prices on our website or notifying you directly.
Taxes: You are responsible for all applicable taxes, duties, and levies, excluding taxes based on Udgham Innovations’ income.
Company Ownership:The Software, including all its content, features, and functionality (such as text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software), and all intellectual property rights related thereto, are and will remain the exclusive property of Udgham Innovations Private Limited or its licensors. These Terms do not grant you any ownership rights in the Software.
User Content:If the Software allows you to upload, submit, or store content ("User Content"), you retain all ownership rights in your User Content. By uploading User Content, you grant Udgham Innovations a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content solely for the purpose of operating and providing the Software and services to you. You represent and warrant that you have all necessary rights to grant us this license.
Trademarks:Udgham Innovations’ name, logos, and all related names, designs, and slogans are trademarks of Udgham Innovations Private Limited. You must not use such marks without our prior written permission.
Your privacy is very important to us. Our Privacy Policy, explains how we collect, use, store, and disclose your personal information. By using the Software, you agree to the terms of our Privacy Policy. While we implement reasonable security measures, we cannot guarantee the absolute security of your data. You are responsible for maintaining the security of your own data within the Software.
You agree to use the Software only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Software. Prohibited conduct includes, but is not limited to:
- Engaging in any form of harassment or offensive behavior.
- Transmitting or posting any unsolicited or unauthorized advertising, promotional materials, or any other form of similar solicitation (spam).
- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Interfering with or disrupting the integrity or performance of the Software or data contained therein.
The Software may contain links to third-party websites, applications, or services that are not owned or controlled by Udgham Innovations. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
"AS IS" Basis: The Software is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. Udgham Innovations disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
No Guarantees:Udgham Innovations does not warrant that the Software will be uninterrupted, error-free, secure, or that any defects will be corrected. We do not warrant that the Software will meet your specific requirements or expectations.
Limitation of Liability: To the fullest extent permitted by applicable law, in no event shall Udgham Innovations Private Limited, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Software; (ii) any conduct or content of any third party on the Software; (iii) any content obtained from the Software; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Our total aggregate liability for any claims arising out of or related to these Terms or the Software shall not exceed the amount you paid to Udgham Innovations for the use of the Software in the twelve (12) months preceding the claim, or INR 1,000, whichever is greater
You agree to indemnify, defend, and hold harmless Udgham Innovations Private Limited and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms or your use of the Software.
By User:You may terminate your account and stop using the Software at any time by following the instructions provided within the Software or by contacting us.
By Company: We may terminate or suspend your account and access to the Software immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Effect of Termination: Upon termination, your right to use the Software will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing LawThese Terms shall be governed and construed in accordance with the laws of India, specifically the jurisdiction of Gurugram, Haryana, without regard to its conflict of law provisions.
Informal Resolution: We encourage you to contact us directly to resolve any disputes informally.
Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended. The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement of both parties. The seat and venue of arbitration shall be Gurugram, Haryana. The language of the arbitration shall be English.
Waiver of Class Action: You agree that any disputes will be resolved on an individual basis only and that you will not bring any claim as a plaintiff or class member in any purported class, consolidated, or representative proceeding.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Software after those revisions become effective, you agree to be bound by the revised terms.
Entire Agreement: These Terms constitute the entire agreement between you and Udgham Innovations regarding the use of the Software and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Waiver: No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Udgham Innovations to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Udgham Innovations may freely assign or transfer its rights and obligations under these Terms without restriction.
Force Majeure: We will not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
If you have any questions about these Terms, please contact us at:
Udgham Innovations Private Limited
AB1-204, Mapsko Casabella
Sector 82, Gurugram – 122004
udgham2020@gmail.com
