Terms of Service
TERMS OF SERVICE AGREEMENT
Effective Date: November 15, 2024 (Date of Last Revision)

This Official Terms of Service Agreement ("the Agreement" or "TOS") constitutes a legally binding contract between Techno Perk ("the Company," "we," or "us") and the individual or entity accessing or utilizing the Platform ("the User"). By registering for, accessing, or using the services provided by Techno Perk (the "Platform"), the User expressly accepts and agrees to be bound by all terms and conditions stipulated herein. If the User does not consent to these terms, access to the Platform must be terminated immediately.

I. Acceptance and Formal Definitions

1.1. Acceptance of Terms

The use of the Platform is conditioned upon the User's assent to and compliance with this entire Agreement. The User acknowledges that this Agreement is enforceable against them to the fullest extent permitted by law.

1.2. Definitions

II. Eligibility and Account Management

2.1. Minimum Age Requirement

The Platform is restricted to Users who have attained the age of thirteen (13) years or the age of majority in their applicable jurisdiction, whichever is higher. Any registration by an ineligible party is a material breach of this Agreement.

2.2. Account Integrity

The User is exclusively responsible for maintaining the confidentiality and security of their login credentials and for all activities that occur under their account. The User must immediately notify the Company of any unauthorized access or security breach. The Company reserves the right to suspend or terminate accounts containing inaccurate, incomplete, or deliberately misleading registration information.

III. User Content and License Grant

3.1. Ownership and Responsibility

The User retains all proprietary rights to their User Content. The User is solely liable for the legality, reliability, and appropriateness of all Content shared on the Platform.

3.2. License to Company

By posting User Content to the Platform, the User hereby grants the Company a worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to use, reproduce, modify, display, and distribute said Content for the sole purpose of operating, developing, and improving the Platform and services. This license terminates when the User deletes their Content or account, except where Content has been shared with others who have not deleted it.

IV. Prohibited Conduct and Termination

4.1. Mandatory Compliance

The User agrees to comply with all domestic and international laws, statutes, ordinances, and regulations. Prohibited activities include, but are not limited to, the posting of Content that is illegal, defamatory, hateful, abusive, threatening, or infringing upon the intellectual property rights of third parties.

Account Termination: The Company reserves the irrevocable right to suspend or terminate the User's access to the Platform, without prior notice or liability, for any violation of this Agreement, for engaging in harmful or fraudulent activities, or for any conduct deemed detrimental to the integrity of the Platform.

V. Intellectual Property Rights

All intellectual property rights pertaining to the design, structure, code, algorithms, visual interface, Company trademarks, and logos of the Platform are the exclusive property of Techno Perk or its licensors, protected under applicable intellectual property laws. The User is prohibited from copying, reverse-engineering, or creating derivative works from the Platform without the Company's express written consent.

VI. Indemnification and Disclaimer of Warranties

6.1. Indemnity

The User agrees to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, and employees from any claim, demand, damages, or losses, including reasonable legal fees, arising out of the User's use of the Platform or the breach of any term of this Agreement.

6.2. Disclaimer

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

VII. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL), ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE PLATFORM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION IS TO CEASE USE OF THE PLATFORM.

VIII. Governing Law and Dispute Resolution

8.1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

8.2. Exclusive Jurisdiction

The User agrees that any dispute or claim arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Muzaffarpur, Bihar, India.

IX. Modification and Contact Information

9.1. Modification of Terms

The Company reserves the right to modify or replace these Terms at any time at its sole discretion. Any substantial amendment will be communicated to the User through a prominent notice on the Platform or via electronic mail. Continued use of the Platform after the effective date of the revised Terms constitutes the User's acceptance of the new Agreement.

Official Contact for Legal and Terms Inquiries:

Please direct all formal correspondence regarding this Agreement to:

Email: info@toperk.com

Address: Techno Perk, Azad Road, Chandwara, Muzaffarpur, 842001, India