Last Updated on August, 24, 2024
Introduction
Insightopia Private Limited, known by its brand name ‘Numberz’ (“we”, “our”, “us”), has developed a knowledge base platform (the “Platform”) which allows its users gain deeper insights into their data, enabling streamlined operations, increased productivity, and more informed decision-making. By minimizing dependence on individual expertise, our platform empowers employees and cultivates a culture of innovation and collaboration, which is crucial for staying competitive.
Applicability of these terms and conditions
These Terms and Conditions (the “Terms”) govern your use of the Platform. They are applicable to all visitors, users and others who wish to access and use the Platform. These Terms are applicable for the testing phase of the Platform and will be amended before the Platform ‘go live’ date. Your continued usage of the Platform indicates your acceptance of the Terms and agreement to be bound by the same. You acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree with (or cannot comply with) the Terms, then you may not avail our services offered through the Platform.
Eligibility to use the services
The Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. By the use of the Platform you confirm that you possess the legal authority and capacity to create a binding legal obligation, including to be bound by these Terms and your use of the Platform does not violate any law, statute, ordinance, rule, regulation or contract applicable to you.
Use of the platform
In order to assist us in providing the services through the Platform you will be required to register and create an account on the Platform ("Account"). During the registration process, you will be required to provide certain information to us and you will establish a username and a password (your “Account Credentials”).
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safeguarding your Account Credentials. You agree not to disclose your Account Credentials to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. By registering for an Account, you agree that we may send you occasional emails relevant to your Account or to your use of the services.
You must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security that you become aware of. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.
You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, at our sole discretion. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, incomplete, or not correct.
We also reserve the right to refuse service or terminate accounts for any reason, in our sole discretion without prior notice. You understand that by registering on our Platform to avail our services, you may need to provide and upload certain documents and information, which may contain sensitive information. You will ensure that you have all rights and consents as may be required to upload these documents on he Platform.
Intellectual property
1. Ownership of Intellectual Property
All title, interest, and intellectual property rights in the Platform are retained by us, our affiliates, partners, or licensors and are protected by Indian and international copyright, trademark, patent, and intellectual property laws. "Intellectual Property" includes, but is not limited to, trademarks, copyrights, trade secrets, confidential information, proprietary software, and related assets, whether registered or not, and is protected worldwide.
2. Restrictions on Use
Our Intellectual Property may not be used in connection with services not provided by us without written consent. Unauthorized use includes any actions likely to cause confusion, disparagement, or discredit to us. All other Intellectual Property not owned by us but appearing on the Platform belongs to their respective owners.
3. Prohibited Actions
Except as explicitly permitted, you may not copy, sell, assign, license, reproduce, distribute, modify, disassemble, decompile, reverse engineer, create derivative works, or otherwise exploit any part of the Platform without our express consent.
4. Permitted Use of Content
You may use information intentionally made available on the Platform only if:
(1) You do not remove any copyright, trademark, or proprietary notices.
(2) You make no modifications to any content.
(3) You use any images, audio, or graphics only with their accompanying text.
(4) You do not make any additional warranties regarding the information.
(5) You do not claim ownership over any part of the Platform.
Framing or using any of our trademarks, logos, or proprietary elements without express written consent is prohibited. You may not use our logos or trademarks as part of any link without permission.
5. License for Personal Use
We grant you a limited license for personal use of the Platform. Commercial use, downloading, or modifying the Platform without our consent is prohibited.
6. Termination for Breach of Terms
Any breach of these Terms results in the immediate termination of your right to use the Platform. We also reserve the right to end your authorization to use any services on or through the Platform.
7. Ownership of Developed Intellectual Property
Any Intellectual Property you develop or discover while using the Platform will belong to us. Any discoveries or inventions related to the Platform must be immediately disclosed to us and will be our exclusive property.
Permitted use, Prohibited use and copyrights
1. License and Access Subject to your compliance with these Terms, we grant you a personal, non-exclusive, limited right to access and use the Platform. Any commercial use or exploitation of the Platform, its data, or contents is strictly prohibited. The rights granted do not extend to the design, layout, or look and feel of the Platform, as these are protected by intellectual property rights.
2. Prohibited Uses You agree not to use or allow others to use the Platform for purposes including, but not limited to:
a) Inciting violence.
b) Exploiting or harming minors, including through inappropriate content.
c) Transmitting material that encourages criminal activity or breaches laws or codes of practice.
d) Sending unsolicited promotional material (spam, junk mail).
e) Impersonating others or any entity.
f) Engaging in activities that infringe upon the rights of others or are illegal, fraudulent, or harmful.
g) Making unauthorized copies of copyrighted materials.
h) Posting content without proper rights or permissions.
i) Infringing upon intellectual property or proprietary rights.
j) Manipulating identifiers to obscure the origin of content.
k) Using our domain names as return email addresses.
l) Posting harmful code (viruses, spyware) that can damage the Platform or user devices.
m) Overloading or impairing servers and networks connected to the Platform.
n) Violating any laws, requirements, or regulations.
o) Interfering with Platform security or affiliated sites.
p) Disrupting user experience through attacks like denial-of-service.
q) Circumventing Platform digital rights management.
r) Accessing unauthorized content.
s) Using non-provided interfaces to access the Platform.
t) Engaging in reverse engineering or screen scraping.
u) Using automatic methods (deep-links, robots) to increase traffic or access Platform content improperly.
v) Altering Platform software.
w) Copying material on the Service without authorization.
x) Using any device or software that interferes with Platform functionality.
y) Engaging in activities not permitted by law or these Terms.
z) Violating any terms specified in these Terms.
3. Rights to Act on Violations We reserve the right to respond to any violation of these Terms, including cooperating with authorities in any investigation of suspected violations. We may disclose any necessary information to comply with applicable laws, refuse to post or remove content, and restrict access at our discretion.
4. Indemnification and Disclaimer By accessing the Platform, you acknowledge potential exposure to materials that may be offensive. You waive any rights or remedies regarding such exposure and agree to indemnify us and our affiliates against claims related to your use of the Platform.
5. Intellectual Property on Third-Party Sites If you use or display our intellectual property on third-party websites, we may require removal of such material at any time. Unauthorized use of our name, logo, or intellectual property may result in legal action.
6. Platform Modification We reserve the right to modify, suspend, discontinue, or eliminate any feature of the Platform without notice or liability. Your use of the Platform is subject to these Terms, and we shall not be liable for any resulting modification, suspension, or discontinuation.
By using the Platform, you agree to abide by these Terms and assume all risks associated with changes to the Platform.
Right to monitor
We reserve the right to monitor the use of the Platform at any time as we deem appropriate and to remove any materials that, in our sole discretion, may be illegal, may subject us to liability, may violate these Terms, or are, inconsistent with the purpose for the Platform.
Security
1. Data Transfer Acknowledgment Despite our efforts to secure the Platform, you acknowledge that electronic and telephonic data transfers may be susceptible to interception. We cannot guarantee that data transfers using the Platform will remain private.
2. Security Instructions We may issue instructions for Platform security from time to time, and you agree to comply with them.
3. Prohibited Security Violations You are prohibited from violating or attempting to violate the Platform’s security, including:
(a) Accessing data not intended for you or logging into unauthorized servers.
(b) Attempting to probe, scan, or test system/network vulnerabilities or to breach security or authentication without authorization.
(c) Attempting to disrupt service to any user, host, or network via actions such as submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing.”
(d) Sending unsolicited emails, including promotions or advertisements.
4. Legal Consequences and Investigations Violations of system or network security may lead to civil or criminal liability. We may investigate potential violations and cooperate with law enforcement in prosecuting offenders. You agree not to use any device, software, or routine to interfere with the Platform’s operations.
5. Prohibited Navigational Methods You further agree not to use or attempt to use any unauthorized tools (such as browsers, spiders, robots, avatars, or intelligence agents) to navigate or search the Platform except for the search tools provided on the Platform or standard third-party web browsers.
Indemnity
You agree to indemnify, defend and hold us harmless from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or in connection with (i) your breach of these Terms; or (ii) any claims made by any third party due to, or arising out of, or in connection with, your use of the Platform; or (iii) any claim that any content, information or materials provided by you caused damage to a third party; or (iv) your violation of any rights of another, including any intellectual property rights. We may notify you of any claims arising for which you need to indemnify us. You will then be required to consult with us regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on our part, without our express prior written consent which can be withheld or denied or conditioned by us in our sole discretion. In no event shall we be liable to you for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those related to, the use of, or the inability to use, the Platform, materials and functions related thereto, the services, user’s provision of information via the Platform, 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 Platform.
Disclaimer
1. Platform and Services Provided "As Is" The Platform, Services, and any Third-Party Content are provided by us "as is" without any warranty, express, implied, statutory, or otherwise. This includes implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We make no guarantee that:
(i) The Platform or Services will meet your needs or function without interruption, errors, or security issues.
(ii) The results obtained from using the Platform or Services will be accurate or reliable.
(iii) The quality of the Platform or Services will meet your expectations.
(iv) Any errors in the Platform or Services will be corrected.
No advice or information from us, whether oral or written, creates any warranty not explicitly stated in these Terms.
2. Limitation of Liability for User and Third-Party Content To the fullest extent permitted by law, we disclaim liability for User Content and Third-Party Content related to intellectual property rights, privacy, publicity, or other legal considerations. We are not liable for the misuse, loss, modification, or unavailability of any User or Third-Party Content.
3. Platform Accuracy and Availability While we strive for accuracy, we do not warrant or represent the quality, accuracy, or completeness of any information, product, or service on the Platform. We are not responsible for any delay, inability to use the Platform, or related functionalities, nor for any information, software, products, or related graphics obtained through the Platform. We shall not be liable for issues such as contract disputes, negligence, strict liability, or other claims resulting from Platform use.
4. Platform Maintenance and User Responsibility We are not responsible for Platform availability during maintenance or unexpected technical issues beyond our control. Users download any material or data from the Platform at their own risk and are solely responsible for any resulting damage to their systems or data loss.
5. No Professional Advice The Platform provides general information and is not intended as professional advice. For specific questions on law, tax, or financial planning, consult a qualified professional in the relevant field.
6. Legal Exclusions The above exclusions do not affect any warranties that cannot be excluded or limited under applicable law.
Termination
You agree that we may, at our sole discretion and without prior notice, terminate your access to the Platform and block future access if you violate these Terms. You also acknowledge that any violation of these Terms may cause irreparable harm to us, for which monetary damages may be inadequate. Therefore, you consent to our seeking injunctive or equitable relief, as necessary, in addition to any legal remedies.Additionally, we may terminate these Terms (or any portion thereof) with you at any time, with or without notice, if:We are required by law to do so, or upon request by law enforcement or government agencies.We determine that providing the services to you is no longer commercially viable.We elect to discontinue access to the Platform or any part of the services.We encounter unexpected technical issues that prevent the Platform or services from functioning.Upon suspension or termination, you may not continue to use the Platform under the same, a different, or a new account. Termination will revoke access to your data, messages, files, and any material kept on the Platform.Certain terms intended to survive termination will remain in effect until we choose to end them.
Governing law and jurisdiction
These Terms shall be governed in all respects by the laws of India. The courts at Bangalore, India shall have exclusive jurisdiction and you hereby accede to and accept the jurisdiction of such courts
