Privacy Policy &
Terms and Conditions

1.1 Permissible Age: The Service(s) are only available to individuals aged 13 (Thirteen) years or older or equivalent minimum age under the Applicable Laws (“Permissible Age”). By using the Service(s) or agreeing to terms and conditions contained herein, you warrant and represent to Archezy that you are of Permissible Age or in the event you are below Permissible Age, then your Account is provided to you as a result of a request by an approved educational institution or established as part of the Organisation. In the event, you are below the Permissible Age, the Organisation which requested your Archezy ID shall be responsible for obtaining a valid parent/guardian consent. Such Organisation hereby represents and warrants that any request for Archezy ID for a user under Permissible Age has been submitted after obtaining valid consent of parent/guardian of such user to use the Service(s). Archezy hereby reserves the right to restrict the access/use of the Service(s) and/or Account to a user who is not of a Permissible Age

1.2. Registration Data: You agree to provide accurate and complete information when you register with Archezy, and as you use, the Service(s) (“Registration Data”), and you agree to update your Registration Data to keep it accurate and complete, at all times. You represent and warrant to Archezy that the Registration Data provided by You are true and correct in all respect. It is hereby agreed that failure to provide accurate, current and complete Registration Data may result in the suspension and/or termination of your Account. You agree that Archezy may store and use the Registration Data you provide for use in maintaining and billing fees to your Account.

1.3. Account: As a registered user of the Service(s), you must establish an account with Archezy (“Account”) using an account ID and password (collectively referred to as “Login Details”). In order to use the Service(s), you must enter your Login Details to authenticate your Account. You hereby agree that Archezy reserves the right to limit the number of Archezy Account that may be created from a device and the number of devices associated with an Account. Based on the package selected by you, Your Account will be allocated with different packages of users & storage capacity as described in the Archezy Pricing page on website i.e. www.archezy.com (“Website”). Further, you may purchase additional users & storage for your Account as provided in Clause 8.3.

1.4. Devices
(a). You hereby agree and understand that use and/or access of the Service(s) may require compatible devices, Internet access, software (fees may apply), periodic updates and such factors may affect the performance of the Service(s)
(b). The latest version of required software may be required for certain transactions or features.
(c). You hereby agree that it shall be your responsibility for meeting and confirming to these requirements and additional requirements, as applicable, for accessing/using the Service(s).

1.5. Term: This Agreement shall be effective upon you clicking ‘I Agree’ or you access the Service(s) and will remain in force during the term of any Service(s). The initial term of the Service(s) is of free trial period, as per selected package, from the first day of the month following the date the Service(s) is first made available and will automatically renew for additional 1 (One) month or year, as the case may be unless terminated by either party Before the next billing cycle.

2.1 Payment of Subscription Fee : You, on your or an Organisation’s behalf, will pay the fees payable to Archezy for the supply of Service(s) in respect of the package selected by you (“Subscription Fee”) on or before end of the term without set-off, counterclaim or deduction. Archezy may restrict the access of all users in the organisations, when all amounts are due but not paid to Archezy.

2.2. Payment of Taxes on Subscription Fee : The Subscription Fees are exclusive of taxes, and you will also pay applicable taxes and duties (including withholding taxes, goods and services tax (GST) or other taxes but excluding income taxes imposed on Archezy). You will provide to Archezy written evidence of any withholding tax paid by you or any tax exemption on which you have to rely.

2.3. Changes to Subscription Fees : During the term of a Service(s), Archezy may increase or adjust the Subscription Fee by providing You at least 30 (Thirty) days prior written notice. In the event, you do not agree to the increased Subscription Fees, you may terminate the Agreement for Service(s) By cancelling subscriptions before the end of ongoing payment cycle or renewal.

2.4. Timely Payment :
You are responsible for the timely payment of all subscription fee and for providing Archezy with valid card or payment account details for payment of all subscription fees. If Archezy is unable to successfully charge your credit card or payment account for fees due, Archezy reserves the right to revoke or restrict access to your users login, stored Content, delete your stored Content, or terminate your Account. You shall provide all account information required by Archezy to enable such transactions. You acknowledge and agree that if you do not provide all required account information, Archezy shall have the right to terminate your Account.

2.5. Payment in case of Organisation : In the event, you are an Organization, you hereby agree to have Archezy charge your payment method on a recurring basis for members of your Organisation who upgrade their users & storage, as the case may be. You hereby agree that Archezy may also obtain pre-approval for an amount of the transaction and contact you periodically by email to the email address associated with your Archezy ID for billing reminders and other storage account-related communications.

2.6. Change in Payment Details : In the event, you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must change your information online in the Account Information section; this may temporarily disrupt your access to the Service(s) while Archezy verifies your new payment information. We may contact you via email regarding your Account, for reasons including, without limitation, reaching or exceeding your storage limit.

3.1 Service(s) : Archezy will provide the Service(s) to you using reasonable skill and care and you will use the Service(s) in accordance with the operating specifications to run or access the Service(s) and Applicable Law(s) and regulations and in accordance with this Agreement. Additionally, you agree not to use the Service(s) for any illegal purposes.

3.2 Usage : Archezy permits you to use the Service(s) within the scope of use of which you have subscribed with Archezy and paid Subscription Fee. Any information, software, or other materials provided to in relation to the Service(s) (“Materials”) and communications facilities or networks in connection with the Service(s), may only be used to access the Service(s) and benefit from the rights granted under the Agreement. Archezy may make available to you an open API to achieve interoperability between a Service and any other software applications or technology, which you may use where applicable, subject to Archezy then-current Fees (if any).

3.3 Excess Use : Access to the Service(s) is limited to the scope as per the Service(s) subscribed from Archezy and for which you have paid subscription fee. In the event, your use exceeds said limits (such as the number of users, storage, transactions (including returns), entities, and/or territories) Archezy shall immediately upon becoming aware intimate you with respect to such excess use. Thereafter, Archezy shall be entitled to charge additional fees for the excess use at then-current Archezy pricing

3.4 Protection of Service(s) : In the event, your use of the Service(s) or any other behaviour, which intentionally or unintentionally, threatens Archezy’s ability to provide the Service(s) or other systems, Archezy shall be entitled to take all reasonable steps to protect the Service(s) and Archezy’s systems, which may include suspension of your account or access to the Service(s). Archezy shall be entitled to terminate your Account on account of repeated violations of the limitations as mentioned herein.

3.5 Availability of the Service(s) : The Service(s) or any feature or part thereof, may not be available in all languages or all countries and Archezy makes no representation that the Service(s), or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service(s), you do so at your own initiative and are responsible for compliance with any Applicable Laws. Archezy reserves the right to modify, alter, amend, at any time, terms and conditions contained herein and to impose new or additional terms or conditions on your use of the Service(s). However, in event of any material change in the terms and conditions herein or Service(s), Archezy will provide you 30 (Thirty) days’ advance notice unless it would not be reasonable to do so on account of circumstances or changes arising from legal, regulatory, or governmental action, to address user security, user privacy, or technical integrity concerns, to avoid Service(s) disruptions to other users, or due to a natural disaster, catastrophic event, war, or other similar occurrences which are outside Archezy’s reasonable control.

3.6 Usage Restrictions : You will not: (i) copy or modify any part of the Service(s); (ii) use or provide the Service(s) in a white-labelled basis, or otherwise, for the benefit of any third party (other than third parties to the extent they are expressly permitted under the Agreement to receive access to the Service(s); (iii) use with any Materials, or communications facilities or networks provided by or on behalf of Archezy, other than to receive and properly use the Service(s); or (iv) merge, decompile, disassemble, or reverse-engineer Software/Service(s) or change the filename of Service(s).

3.7 Your Conduct while using the Service(s) : You hereby agree that you will NOT use the Service(s) to: (a). engage in any copyright infringement or other intellectual property infringement (including uploading any Content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement; For purpose of this Agreement, “Content” means any information that may be generated or encountered through use of the Service(s), such as data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. (b). forge any TCP-IP packet header or any part of the header information in an email or a newsgroup posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service(s); (c). upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service(s) (or any part thereof), or any other computer software or hardware; (d). interfere with or disrupt the Service(s) (including accessing the Service(s) through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service(s), or any policies, requirements or regulations of networks connected to the Service(s) (including any unauthorized access to, use or monitoring of data or traffic thereon); (e). plan or engage in any illegal activity; (f). gather and store personal information on any other users of the Service(s) to be used in connection with any of the foregoing prohibited activities; (g). not attempt to gain any unauthorized access to any portion or feature of the Service(s), or any other systems or networks connected to the Service(s) or to any server, computer, network, or to any of the Service(s) by hacking, password ‘mining’ or any other illegitimate means; and/or (h). violate or attempt to violate the security of the Service(s), including, without limitation, accessing data not intended for you or logging onto a server or an account, which you are not authorized to access

In the event of the occurrence of any event in Clause 3.7, Archezy reserves the right to reject or block or terminate or suspend the relevant Archezy ID or email address or Account, as the case maybe.

3.9 Update: From time to time, Archezy may update the Software used by the Service(s). In order to continue your use of the Service(s), such updates may be automatically downloaded and installed onto your device or computer. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software.

3.10 Export Control and Sanctions: You will not obtain, retain, use, or provide access to the Service(s) to any third party in a manner that may breach any applicable export control or economic sanctions or Applicable Law(s).

3.11 Interactive Service(s): Some Service(s) might contain Interactive Service(s) i.e. features which allow you to contribute content or facilitate interactivity among various other users such as instant messaging, chatrooms, forums, polls or bulletin boards. You accept and will ensure that you comply with the terms as applicable on the Interactive Service(s) available on the Website and any other similar terms applying to Interactive Service(s) of which Archezy will notify you. Archezy does not routinely monitor and accepts no liability for, the material posted via Interactive Service(s). Interactive Service(s) are not transaction services and any transaction conducted through an Interactive Service(s) is at your own risk.

3.12 Use of Location-based Service(s) : (a). Archezy, its partners and licensors may provide certain features or Service(s) that rely upon device-based location information using GPS or similar technology, where available and crowd-sourced Wi-Fi access points and cell tower locations. (b). In order to use such location-based features or Service(s), You hereby consent to Archezy, its partners and licensors, to collect, use, transmit, process and maintain your location data, including but not limited to the geographic location of your device and information related to your Account and any devices registered thereunder, including but not limited to your Archezy ID, and name, and device type. (c). You may withdraw your consent to Archezy, its partners and licensors’ collection, use, transmission, processing and maintenance of location and Account data at any time by not using the location-based features and turning off Location Service(s) in Settings (as applicable) on your device. (d). You further agree that, when using third-party service that uses or provide location data as part of the Service(s), you are subject to such third party’s policies and you should review such third party’s terms and privacy policy on the use of location data. (e). Archezy will use reasonable skill and due care in providing the Service(s), but neither Archezy nor any of its Service(s) and/or content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Service(s). It is clarified here that LOCATION-BASED SERVICE(S) ARE NOT INTENDED OR SUITABLE FOR USE AS AN EMERGENCY LOCATOR SYSTEM.

3.13. Back Up: You are responsible for backing up, to your own computer or other devices, any important documents, images or other Content that you store or access via the Service(s). Archezy shall use reasonable skill and due care in providing the Service(s), but, TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ARCHEZY DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT OR DATA YOU MAY STORE OR ACCESS THROUGH THE SERVICE(S) WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND IN ANY EVENT ARCHEZY SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, OR LOSS ETC.

4.1 Third-Party Material: Certain Information, material, components or features of the Service(s) may include materials from third parties and/or hyperlinks to other web sites, resources. Because Archezy may have no control over such third party sites and/or materials, you acknowledge and agree that Archezy is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any content, advertising, products or materials on or available from such sites or resources.

4.2. Liability in respect of Third Party Material: You further acknowledge and agree that Archezy shall not be responsible or liable in any way for any loss, damage or cost you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such information, advertising, products or materials on or available from such sites or resources.

4.3. Reporting to Third Party: Archezy may provide Third Party Provider with details of your usage of, and any suspected breach of this Agreement relating to, that Third Party Provider’s Information or Materials or Service(s).

5.1 You hereby agree and acknowledge that, as agreed between the parties, all including but not limited to graphics, user interface, the scripts and software used to implement the Service(s), and any software provided to you as a part of and/or in connection with the Service(s) the rights in and to patents, trademarks, Service(s) marks, trade and Service(s) names, copyrights, know-how and trade secrets, and all other rights or forms of protection of a similar nature or having a similar or equivalent effect which may subsist anywhere in the world now existing or hereafter arising (“Intellectual Property Rights”) in the Service(s) (including information and materials) are (a) either owned by or licensed by Archezy or its Affiliates or a third party and (b) hereby reserved to Archezy unless specifically granted in the materials. You will not remove or conceal any proprietary rights notice in the Service(s) and will include such notices on any copy it is permitted to make.

5.2 Archezy acknowledges that, as agreed between the parties, all Intellectual Property Rights in your materials, if any, are exclusively owned by you or your affiliates and Archezy shall neither have nor claim any charge, lien, title or interest on the Intellectual Property Rights for any reason whatsoever.

5.3 Archezy may collect and use information related to your use of the Service(s), to test, develop, improve and enhance its Service(s), as long as such information is not identifiable to you or any individual User.

5.4 Use of Name: Other than as necessarily required for the provision of the Service(s), neither party may use the other party’s name, trademarks or any derivatives of them, except for internal purposes or as required by Applicable Law or regulation, without the other’s prior written consent, not to be unreasonably withheld.

5.5 No portion of the Service(s) shall be reproduced, copy, duplicate, publish, transmit, distribute, display, sell, resell, rent, trade or create derivative work of the Service(s) (or any part thereof) for any purpose, except as expressly permitted in these terms.

5.6 THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE(S), EXCEPT FOR USE OF THE SERVICE(S) AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

6.1 : You will not reveal your Account information including Login Details to anyone else and you are solely responsible for maintaining the confidentiality and security of your Account and Login Details and for all activities that occur on or through your Account.

6.2 : You agree to immediately notify Archezy in event of any security or privacy breach of your Account. Archezy shall not be responsible for any, direct or indirect, loss or damage arising out of the User’s failure to comply with this requirement.

6.3 : You further acknowledge and agree that the Service(s) is designed and intended for personal use on an individual basis and you should not share Your Account information and/or Login Details with another individual.

6.4 : Each party will use reasonable efforts to (a) scan the Service(s) and its related systems for any code or device which is designed or intended to impair the operation of any computer or database or prevent or hinder access to, or the operation of, any program or data, using detection software generally accepted in the industry, (b) secure its computing environments according to generally accepted industry standards to ensure that the Service(s) cannot be accessed by any unauthorised person or malicious software, and (c) remedy any security breach of which it becomes aware.

7.1. Support: To assist in resolving technical problems with the Service(s), you can call on [+91 9978636901] to resolve your issues. You can also reach through email at [info@archezy.com or support@archezy.com•] which Archezy will try its best to resolve the same within 2-3 business working days from the receipt of the issue from your side. You will provide Archezy with reasonable assistance to resolve the issues.

7.2. Support Exceptions: If Archezy elects to provide support for any of the following, then an additional fee may apply: (a) issues caused by you or third party information or materials; (b) any Service(s), or any versions of Service(s), that Archezy had/has advised you are unsupported; (c) issues caused by your failure to follow Archezy’s instructions or specifications; (d) Service(s) not located in or conforming to the operating environment specified in the Agreement; (e) issues caused by accidents, modifications, support, relocation or misuse of the Service(s) not attributable to Archezy; or (f) Your networking or operating environment.

7.3. Feedback: Archezy might provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Service(s). You agree that Archezy will be free to use any feedback you provide for any purpose without payment of charges/fee to you. It is hereby clarified that Archezy is not bound to implement the suggestions or proposals or feedback rendered by you.

8.1. Changes to Service(s): You can change subscription of your Account by upgrading or downgrading Service(s) by paying the revised Subscription Fee for the changed Service(s). Further, Archezy reserves the right to modify or change a Service(s) from time to time but will not change its fundamental nature and Archezy will notify in advance You of all changes to Service(s).

8.2. Technical Changes: If Archezy initiates a change in the hardware, software, data or communications requirements, formats or protocols for any Service(s) that will affect your systems or your ability to continue receiving the Service(s), then Archezy will provide You at least 30 days prior written notice of such change.

8.3. Purchase of additional Users & Storage: You can purchase additional users & storage for your Account on a subscription basis which will take effect immediately from the date of payment of the revised fee as per the additional storage and applicable users for upgraded or top-up/booster plan. Any downgrade to your users & storage or plan will take effect on the next annual or monthly billing date.

8.4. Payment for Upgraded Users & Storage: Upon up-gradation of your users & storage on your device or computer, Archezy will automatically charge on a recurring basis the users & storage fee as per the number of users or storage plan you choose, including any applicable taxes, to the payment method associated with your Archezy ID or the payment method associated with your Organisation account.

8.5. Cancellation of upgrade: In the event, you choose to cancel your upgrade following initial purchase or, if you are on an annual/monthly payment plan, following the commencement of any renewal term, you may do so by informing Archezy with a clear statement within 15 (Fifteen) days from when you received your e-mail confirmation by contacting Customer Support. You do not need to provide a reason for cancellation. To meet the cancellation deadline, you must send your communication of cancellation before the 15 day period has expired.

9.1. Suspension: Archezy may suspend, upon notice, all or part of a Service(s) and your rights in relation to that Service(s) if: (a) Archezy is required to do so by a Third Party affected by a breach of the Agreement; (b) breach of this Agreement; (c) Archezy is required to do so by Applicable Law or regulation or (d) in order to protect Archezy’s systems and security. Any such suspension may continue until Archezy is satisfied that the condition is remedied. You will still be required to pay the subscription fee during any period of suspension.

9.2. Termination by Archezy: Archezy may, with prior written notice of 15 days to you, terminate all or any Service(s) in whole or in part, or modify it or the terms on which it is provided, if all or part of that Service(s), on any reason including but not limited to: (a) depends on an agreement between Archezy and a third party, and that third party agreement or the third party’s materials or other input is modified or terminated; (b) becomes illegal or contrary to any law, regulation, guideline or request of any regulatory authority; or (c) becomes subject to a claim or potential claim that it infringes or violates the rights of any third party; (d) the insolvency or bankruptcy proceeding is initiated against you or your organisation.

9.3. Refunds: Upon termination of Service(s) either by you or Archezy, there shall no refund from Archezy of any Subscription Fees and/or other amounts paid by You.

9.4. Consequences: The following termination, and at any time with respect to Confidential Information, (a) at your request, Archezy will promptly return, delete or destroy your Materials and Confidential Information, and (b) at Archezy request you will promptly return, delete or destroy all Information, Materials, and Archezy’ Confidential Information. However, each party may retain copies to the extent required by and used only to (i) comply with Applicable Law or regulation, and (ii) support the enforcement or defence of a party’s rights under the Agreement.

10.1 Each party (“Receiving Party”) will hold in confidence any and all information in any form, whether oral or written, of a business, financial or technical nature which the recipient reasonably should know is confidential and which is disclosed by a party in the course of the Agreement or which is designated by a party as confidential prior to the other party obtaining access thereto expect excluded under this Agreement (“Confidential Information”) disclosed by other party (“Disclosing Party”). Receiving Party will not disclose any part of it to any third party except to its Affiliates, consultants and third-party contractors (including financial advisors, accountants and attorneys) who are acting on behalf of the Receiving Party and are bound by, or are otherwise protected by legal privilege or confidentiality and non disclosure commitments substantially similar to those contained in this Agreement

10.2 If a Receiving Party is legally compelled to disclose the Disclosing Party’s Confidential Information, the Receiving Party shall (a) provide prompt notice (if legally permissible) to the Disclosing Party so that the Disclosing Party can seek a protective order or other appropriate remedy, and (b) limit any such disclosure to the extent of the legal requirement and the disclosed information will remain Confidential Information despite such disclosure.

10.3 Exceptions: These obligations of confidentiality do not apply to information which: (a) is or becomes (through no act or omission of the Receiving Party), generally available to the public; (b) becomes known to the Receiving Party or any of its Affiliates on a non-confidential basis through a third party who is not subject to any obligation of confidentiality with respect to that information; (c) was lawfully in the possession of the Receiving Party or any of its Affiliates prior to such disclosure; (d) is independently developed by the Receiving Party or any of its Affiliates; or (e) the Disclosing Party agrees is not confidential or may be disclosed, to the extent of that consent.

11.1. Data Privacy Laws: The parties will at all times process any and/or all your information relating to an identified natural person or a natural person who can be identified directly or indirectly, by means reasonably likely to be used by the controller of the information, or any other natural or legal person provided to Archezy for the provision of the Service(s) (“Personal Data”) in accordance with the Applicable Laws and regulations governing the processing of your Personal Data as well as any and all legal conditions that must be satisfied in relation to the collection, transfer, processing, storage, and destruction of your Personal Data.

11.2 You confirm that any of your Personal Data that it discloses to Archezy (including when it uploads such your Data into the Service(s) is disclosed in accordance with the laws and regulations applicable to You.

11.3. Cooperation. The Parties shall use reasonable efforts to assist one another in relation to the investigation and remedy of any claim, allegation, action, suit, proceeding or litigation with respect to alleged unauthorized access, use, processing or disclosure of your Personal Data.

11.4. Protective Measures: Each party will maintain and will require all third-party data processors each such party engages to maintain, appropriate physical, technical and organizational measures to protect your Personal Data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access.

12.1. General Disclaimer :

ALL WARRANTIES, CONDITIONS AND OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW INCLUDING, WITHOUT LIMITATION, WARRANTIES OR OTHER TERMS AS TO THE SUITABILITY, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

ARCHEZY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY REFERRED TO AS “OUR AFFILIATES”) DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICE(S), INFORMATION OR MATERIAL SUPPLIED BY ARCHEZY WILL BE UNINTERRUPTED OR FREE OF ANY ERROR, INACCURACIES, INTERRUPTIONS, DELAYS, OMISSIONS OR ERRORS (“FAULTS”) OR THAT ALL FAULTS WILL BE CORRECTED. ARCHEZY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR COST RESULTING FROM ANY SUCH FAULTS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE(S) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARCHEZY AND OUR AFFILIATES EXPRESSLY DISCLAIM 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. YOU AGREE THAT FROM TIME TO TIME ARCHEZY MAY REMOVE THE SERVICE(S) OR ANY PART THEREOF FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE(S) IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

TO AVOID ANY DOUBT, ALL IMPLIED CONDITIONS OR WARRANTIES ARE EXCLUDED IN SO FAR AS PERMITTED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, ARCHEZY AND OUR AFFILIATES, MAKE NO WARRANTY THAT (I) THE SERVICE(S) WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE(S) WILL BE TIMELY, UNINTERRUPTED, SECURE OR FAULT-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE(S) WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE(S) WILL BE CORRECTED.

ARCHEZY AND OUR AFFILIATES DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE(S) WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ARCHEZY DISCLAIMS ANY LIABILITY RELATING THERETO.

ANY MATERIAL/CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE(S) IS ACCESSED AT YOUR OWN DISCRETION AND SOLE RISK, AND ANY DECISIONS MADE OR ACTIONS TAKEN BASED ON THE INFORMATION CONTAINED IN OR GENERATED BY THE SERVICES AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR THE PREPARATION, CONTENT, ACCURACY AND REVIEW OF ANY DOCUMENTS, DATA, OR OUTPUT PREPARED OR RESULTING FROM THE USE OF THE SERVICES. IN NO EVENT ARCHEZY OR ITS THIRD-PARTY PROVIDERS SHALL BE LIABLE FOR ANY PENALTIES, INTEREST OR TAXES ASSESSED BY ANY GOVERNMENTAL OR REGULATORY AUTHORITY.

YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE(S) IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE(S) COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

12.2. No Advice: You understands that Archezy is not responsible for any loss, damage or cost resulting from any of your decisions, or anybody accessing the Services through You, that are made in reliance on the Services, including decisions relating to the sale and purchase of instruments or legal, compliance and/or risk management decisions. You agree that it uses the Services at its own risk in these respects.

13.1. Limited Liability: The Parties hereby agree that Archezy’s aggregate liability to the other in any calendar year for any loss, damage or cost (in contract, tort including negligence or otherwise) arising out of or in connection with the Agreement will not exceed the subscription fee payable by You to Archezy for the applicable Service(s) which forms the basis for the claim(s) during the 12 (Twelve) months immediately preceding the incident (or the first incident in a series) giving rise to any claim for those damages. Provided that, to the extent exclusions or limitations which are specifically prohibited under Applicable Law, you agree that:

ARCHEZY AND OUR AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE(S), OR OTHER INTANGIBLE LOSSES (EVEN IF ARCHEZY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE(S); (II) ANY CHANGES MADE TO THE SERVICE(S) OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE(S) OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE(S); (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE(S); AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE(S).

14.1. Indemnity: You agree to defend, indemnify and hold Archezy and Our Affiliates harmless from any claim or demand, including reasonable attorney’s fees, made by a third party, relating to or arising from (i) any Content/Material you submit, post, transmit, or otherwise make available through the Service(s); (ii) your use of the Service(s); (iii) any violation by you of this Agreement; (iv) any action was taken by Archezy as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (v) your violation of any rights of another including but not limited to the intellectual property right of any third party. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service(s).

14.2. The decision of Archezy to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service(s), or to take any other action during the investigation of a suspected violation or as a result of Archezy’s conclusion that a violation of this Agreement has occurred, shall be final and conclusive and binding on you. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement.

14.3. You acknowledge that you are responsible for all use of the Service(s) using your Account and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless Archezy from and against any and all claims and demands arising from the usage of your Account, whether or not such usage is expressly authorized by you.

15.1. Notices: All notices under the Agreement must be in writing and sent by email (except for notices of breach of the Agreement which may not be sent by email) or registered mail, courier, fax or delivered in person at the address provided by the Parties.

15.2. Choice of Law and Jurisdiction: The Agreement and any dispute or claim arising out of or in connection with the Agreement will be governed by and construed in accordance with the laws of India. Each party hereby consents to the non-exclusive jurisdiction of the courts of law in Surat, Gujarat (and their appeal courts) to settle all disputes or claims arising out of or in connection with the Agreement.

15.3. Force Majeure: Neither party will be liable for any loss, damage or cost or failure to perform its obligations under the Agreement due to circumstances beyond its reasonable control. If such circumstances cause material deficiencies in the Services and continue for more than 30 days, either party may terminate any affected Service upon prior written notice to the other party.

15.4. Assignment: Neither party may assign or transfer (by operation of law or otherwise) any right or obligation under the Agreement without the other party’s prior written consent, which may not be unreasonably withheld or delayed. Any assignment in violation of this clause shall be null and void. However, Archezy may, without Your consent, assign the Agreement or any rights granted in the Agreement, in whole or part, either (a) to an Affiliate; (b) in connection with Archezy’ or an Affiliates’ sale of a division, product or service; or (c) in connection with a reorganization, merger, acquisition or divestiture of Archezy or any similar business transaction.

15.5. No right of Survivorship: Unless otherwise required by Applicable Laws, you agree that your Account, as well as any Information, Materials or other rights provided with a Service, are non-transferable and non-sublicensable by you. Any rights to your Archezy ID or Content within your Account terminate upon your death or dissolution of the Organisation. Upon receipt of a copy of a death or dissolution certificate, your Account may be terminated, and all Content within your Account deleted by Archezy. You may contact Archezy Support at our Website for further assistance.

15.6. No right in Archezy Resources: Nothing in this Agreement shall be construed to convey to you any interest, title, or license in an Archezy ID, email address, domain name, iChat ID, or similar resource used by you in connection with the Service(s).

15.7. No Resale of Service(s): You agree that you will not reproduce, copy, duplicate, publish, transmit, distribute, display, sell, resell, rent, trade or create derivative work of the Service(s) (or any part thereof) for any purpose.

15.8. Severability: If any part of the Agreement that is not fundamental is illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it legal and enforceable. If such modification is not possible, the part will be deemed deleted. Any such modification or deletion will not affect the validity and enforceability of the remainder of the Agreement.

15.9. No Waiver: If either party delays or fails to exercise any right or remedy under the Agreement, it will not have waived that right or remedy.

15.10. Entire Agreement and Non-Reliance: The Agreement contains the entire understanding between the parties regarding its subject matter and supersedes all prior agreements, understandings, negotiations, proposals and other representations, verbal or written, in each case relating to such subject matter. Each party acknowledges that in entering into the Agreement it has not relied on any representations made by the other party that is not expressed in the Agreement.

15.11. Amendment: The Agreement may be varied only by a written amendment signed by both Parties.