These Terms of Use (“Terms”) describe the terms under which Seekify Technologies Private Limited
(“We”, “Our”, “Us”) provide a user of Our Service(s) (“You”, “Your” or “User”) access to and use of Our Service(s)
via our Platform. By accessing and/or using Our Platform, a) You agree to be bound by these Terms and
acknowledge having read the privacy policy (“Privacy Policy”); b)You warrant to us that you are of
18 years or above and are competent to enter into this agreement and c) You warrant that, in the event
You are entering into these Terms on behalf of any entity/company or its group, You possess the
requisite authority to bind such entities, company or its groups to these Terms. If You do not agree to
these Terms, You should immediately cease using Our Service(s) and exit from Our Platform.
We reserve the right to change, modify or otherwise alter these Terms at any time without prior
notice. Such changes and/or modifications shall become effective immediately upon being posted on
the Platform herein. It is Your responsibility to review these Terms periodically for updates/
changes. Your continued use of the Services following the posting of changes/ modifications shall
constitute Your acceptance to the revised Terms.
1. GRANT OF RIGHTS
1.1. Subject to Your compliance with these Terms, You shall have the limited, non-exclusive,
revocable right to access and use the Platform and the Services it offers purely for personal
and non-commercial use. The Service(s) offered to You are constantly evolving and being
improved upon, and thus, may change from time to time without prior notice to You. In
addition, We may stop (permanently or temporarily) providing the Service(s) to You without
any prior notice. We also retain the right to create limits on use and storage at Our sole
discretion without prior notice to You.
2. USER ACCOUNT
2.1. In order to access the Platform and use our Service(s), You shall create and register an
Account by filling in Our online registration form. The registration form shall include details
such as Your name, email id, phone number and any other such information required. By
registering, You agree that all information provided by You is true and accurate and that You
will maintain and update this information as and when required. In the event wherein the
information disclosed by You is identified as inaccurate/false, We have the right to suspend
or terminate Your Account and to refrain from providing You access to any and all current or
future use of the Services.
3. ACCEPTABLE USE
3.1. You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute,
time share or otherwise commercially exploit or make the Platform and/or Service(s)
available to any third party; (b) modify, adapt, or hack the Platform and/or Service(s) or
otherwise attempt to gain or gain unauthorized access to the Platform and/or Service(s) or
related systems or networks; (c) use the Platform and/or Service(s), store or transmit data in
violation of applicable laws and regulations, including but not limited to violation of any
person’s privacy rights; (d) use the Platform and/or Service(s) to store or transmit any
content that infringes upon any person’s intellectual property rights or is unlawful, racist,
hateful, abusive, libelous, obscene, or discriminatory; (e) use the Platform and/or Service(s)
to knowingly post, transmit, upload, link to, send or store any viruses, malware, trojan
horses, time bombs, or any other similar harmful software.
3.2. In the event of violation of terms under clause 3.1, We shall have the right to takedown any
User Content in addition to the right to suspend or terminate Your Account and to refrain
from providing You all current or future use of the Service at Our discretion.
3.3. You agree to undertake appropriate steps to ensure that your use of the Services complies
with all applicable laws including the local laws in your jurisdiction.
3.4. You understand that the quality of the User Content may vary from device to device, and
may be affected by a variety of factors, such as location, speed of Your internet connection
etc. You agree and acknowledge that you are responsible for all internet charges incurred for
using the Platform.
4. DISCLAIMERS REGARDING USER CONTENT
4.1. You understand that you are using the Platform and/or Service(s) and accessing the User
Content on your volition and that You may be exposed to User Content that might be
offensive, harmful and/or inaccurate. You acknowledge that We neither endorse nor assume
any liability for the User Content uploaded or submitted by other Users. You agree and
acknowledge that We have no obligation to pre-screen or monitor, or edit the User Content
posted by Users through the Services that may be available on the Platform. However, We
reserve the right wherein We may elect to pre-screen, monitor or edit any User Content to the
extent required to be in compliance with applicable laws and these Terms.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. Except for the rights granted to You under clause 1, all rights, title and interest in and to all
intellectual property and/or proprietary rights, title and interest in or related to the Platform
and the Service(s) , including patents, inventions, copyrights, trademarks, domain names,
trade secrets or know-how (collectively, “Intellectual Property Rights”) shall belong to and
remain exclusively with Us.
5.2. You hereby grant Us a worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable
and transferable license to use, reproduce, prepare derivative works of, display, modify, re-
brand, publish, adapt, make available online or electronically transmit, and perform and
distribute such User Content to all Users to stream and download and to use the User Content
to advertise and promote the Platform and Service(s).
5.3. We shall also have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and
perpetual license to incorporate into the Service(s) or otherwise use any of Your suggestions,
enhancement requests, recommendations or other feedbacks. All rights not expressly
provided to You herein are reserved.
6. SUSPENSION AND TERMINATION
6.1. These Terms will continue to apply until Your Account is terminated by either You or Us.
We reserve the right to terminate, suspend or restrict Your Account or Your use of the
Platform at any time, without notice if We identify that You have violated these Terms or
applicable laws.
6.2. Following the termination of Your Account either by You or by Us, You may contact Us for
the deletion of your information.
7. DATA COLLECTION AND PRIVACY
7.1. You agree and understand that We collect, store and use any information that You provide to
Us, subject to Our Privacy Policy. By agreeing to these Terms, You hereby agree to Our
Privacy Policy, which may be updated by Us from time to time.
8. DISCLAIMER OF WARRANTIES
8.1. THE PLATFORM AND THE SERVICE(S) ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY
EXCLUDED.
8.2. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE ACCESS TO THE
PLATFORM AND ITS SERVICES, WHICH IS PROVIDED OVER INTERNET AND
VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND
OUR CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR
FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.
9. LIMITATION OF LIABILITY
9.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL WE BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST
SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, IMPACT ON
BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS
OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF
LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT,
WARRANTY, BREACH OF STATUTORY DUTY,NEGLIGENCE OR OTHERWISE,
EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES
OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY AND THAT OF
OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND
LICENSORS, RELATING TO THE PLATFORM AND/OR THE SERVICE(S), WILL BE
LIMITED TO INR (INDIAN RUPEES) 100 (ONE HUNDRED).
9.2. IN JURISDICTIONS WHICH DO NOT PERMIT THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
10. INDEMNIFICATION
10.1. You hereby agree to defend, indemnify and hold harmless Us, our Affiliates, licensors, third
party partners, officers, directors, employees and agents, from and against any and all
claims, damages, actions, losses, liabilities, costs, and expenses (including but not limited to
attorney's fees) arising from: (i) Your use of and access of the Platform and its Service; (ii)
Your User Content contributed to the Platform (iii) Your violation of these Terms; (iv) Your
violation of any third party rights (v) Your violation of any applicable laws. This
indemnification obligation will survive the expiry or termination of these Terms and Your
use of the Service.
11. MISCELLANEOUS
11.1. Entire Agreement: The Terms and Our Privacy Policy are the entire and exclusive
agreement between Us and You regarding the Platform and the Services and these Terms
supersede and replace any prior agreements between Us and You regarding the Platform and
its Services.
11.2. Severability; No Waiver: If any provision in these Terms is held by a court of competent
jurisdiction to be unenforceable, such provision shall be modified by the court and
interpreted so as to best accomplish the original provision to the fullest extent permitted by
applicable law, and the remaining provisions of these Terms shall remain in effect. Our non-
exercise of any right under or provision of these Terms does not constitute a waiver of that
right or provision of these Terms.
11.3. Relationship of the Parties: The Parties are independent contractors. These Terms do not
create a partnership, franchise, joint venture, agency, fiduciary or employment relationship
among the Parties.
11.4. Survival: All clauses which, by their nature are intended to survive, including without
limitation Clauses 5 (Intellectual Property Rights), 8 (Disclaimer of Warranties), 9
(Limitation of Liability), 10 (Indemnification), 11 (Miscellaneous) and 12 (Definitions) shall
survive the termination/expiry of these Terms. Termination shall not limit either party’s
liability for obligations accrued as of or prior to such termination or for any breach of These
Terms.
11.5. Notices and Consent to Electronic Communications: All notices from Us under these Terms
may be delivered in writing (i) by nationally recognized overnight delivery service
(“Courier”) or to the contact mailing address provided by You while subscribing to the
Service(s); or (ii) electronic mail to the e-mail address provided to Your Account. Our
address for a notice is: arihant@seekify.com by electronic mail. All notices shall be deemed to have been
given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt
or, if earlier, two (2) business days after being deposited in the mail or with a Courier as
permitted above.
11.6. Governing Law and Dispute Resolution: These Terms shall be governed by the laws of
India, without regard to any conflict of laws principles. You hereby expressly agree to
submit to the exclusive personal jurisdiction of the courts at New Delhi, India. Any dispute,
claim or controversy arising out of or relating to these Terms or the breach, termination,
enforcement, interpretation or validity thereof, including the determination of the scope or
applicability of these Terms to arbitrate, shall be determined by arbitration in accordance
with the Arbitration and Conciliation Act, 1996 (including any amendments thereof). The
seat shall be New Delhi, India and the language used shall be English. The dispute shall be
resolved by a sole arbitrator who shall be mutually appointed by the Parties. The Parties may
agree to hold and conduct the arbitration proceedings by virtual participation through video
call or voice call.
12. DEFINITIONS
12.1. Account: means any accounts or instances created by or on behalf of User for access and
use of the Platform and its Service(s).
12.2. API: means the application programming interfaces developed, enabled by or licensed to Us
that permits access to certain functionality provided by the Service(s).
12.3. Documentation: means any written or electronic documentation, images, video, text or
sounds specifying the functionalities of the Service(s) provided or made available by Us to
Users through the Service(s) or otherwise
12.4. Platform: refers to the mobile application called Seekify’s “Seekho” (which is an online
short video format, user-based community seeking to impart knowledge and encourage
learning), through which Service(s) to the Users are provided.
12.5. Seekify Content: includes the text, software, scripts, graphics, photos, sounds, music,
videos, audio-visual combinations, interactive features, message boards, chat, and other
original content of Ours that a User may view or access through the Platform.
12.6. Service(s): mean the services provided by Us which includes features provided on the
Platform that allows Users of the Platform to interact with each other, Seekify Content and
shall include any updates, modifications or improvements to the Service(s), including
individually and collectively, the Software, the API and any Documentation.
12.7. Software: means software provided by Us (either by download or access through the
internet) that allows a User to use any functionality in connection with the Service(s).
12.8. User Content: means the content posted, uploaded, transmitted, shared, stored or
downloaded by the User and includes texts, photos, graphics, sounds, videos, audio-visual
combinations and all other forms of content shared amongst other Users.