Terms and Conditions
        
        
        
        This Terms of Service (the “Terms”) describes the rights and responsibilities that apply to your use of
          Persius websites, services, and mobile app (collectively, the “Service”), each owned and operated by Persius
          Internet Solutions Pvt Ltd. (“Persius”, “we”, “our” or “us”).
        
        Please read the Terms carefully before using the Service. If you don’t agree to the Terms, as well as
          Persius’s Privacy Policy (the “Privacy Policy”) and Persius’s Community Guidelines
          (the “Community Guidelines”), you may not use the Service. If you are entering into the Terms on behalf of a
          company or other legal entity, you represent that you have the authority to bind such entity to the Terms. If
          you do not have such authority, you must not accept the Terms or use the Service on behalf of such entity. The
          Service is only available to you if you have entered the age of majority in your jurisdiction of residence and
          are fully able and competent to enter into, abide by and comply with the Terms.
        
          - Your Persius Account. If you create an account on the Service (your “Account”), you are responsible for
            maintaining the security of your Account and its Content (as defined below), and you are fully responsible
            for all activities that occur under your Account and any other actions taken on the Service. You must not
            describe or assign Content to your Account in a misleading or unlawful manner, including in a manner
            intended to trade on the name or reputation of others, and Persius may change or remove any description or
            keyword that it considers inappropriate or unlawful, or otherwise likely to cause Persius liability. You
            must immediately notify Persius of any unauthorized uses of your Account or any other breaches of security.
            Persius will not be liable for any acts or omissions by you, including any damages of any kind incurred as a
            result of such acts or omissions.;
For paid Accounts (each, a “Paid Account”), Persius deems the
            person under whose name appears on the credit or charge card or other payment method that pays the charges
            for the Service to be the owner of the Paid Account. If a corporate or other organization’s name appears on
            the credit or charge card or other payment method, that corporation or organization is deemed to be the
            owner. If any dispute arises as to who owns or controls a Paid Account, your most recently provided payment
            method will continue to be charged and you will be responsible to pay for the Service until Persius receives
            written confirmation from the Paid Account email address confirming a change in ownership and control of the
            Paid Account. 
          - Fees and Renewals. Pricing for Paid Accounts will be provided at the time of purchase. Unless
            otherwise set out at the time of purchase or as agreed to by Persius, fees for a Paid Account will be billed
            in advance for each year and are non-refundable. There will be no refunds or credits for partial months of
            service or for periods in which your Paid Account remains open but you do not use the Service.
We
            reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting
            such fee changes to the Service or through email notification to you. You will be liable to pay such
            modified billing rates.
Subject to your payment of applicable fees for a Paid Account, we will
            provide the Service to you for the period of time that you have paid for such Service (the “Subscription
            Period”). At the end of the Subscription Period, your Paid Account subscription will automatically renew for
            an additional Subscription Period until it is expressly cancelled by you as described in the “Termination”
            section below.
If you purchase any fee-based Service, you agree that our third party payment
            gateways, such as Stripe and Paypal, may store your credit or charge card or other payment information. You
            expressly agree that we are authorized to charge you (i) a fee for any applicable Service for which you have
            subscribed, billed on a basis of the Subscription Period, (ii) any other fees for the Service you may
            purchase, (iii) any charges for use of the Service in excess of the usage or other limits placed on your use
            of the Service (and you hereby consent to such charges and agree we are not required to notify you of any
            such charge in advance) and (iv) any applicable taxes in connection with your use of the Service to the
            credit or charge card you provide and to reimburse us for all collection costs and interest for any overdue
            amounts. If the credit or charge card you provide expires and you do not provide new credit or charge card
            information or cancel your Account, you authorize us to continue billing you and you agree to remain
            responsible for any uncollected fees.
You take full responsibility for all taxes and fees of any
            nature associated with the Service, including any sales tax related to any purchase or sale of services or
            goods under the Terms. When purchasing or selling services or goods under the Terms, it is your
            responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and
            remit the correct amounts to the appropriate authority. 
          - Your Responsibilities. If you operate an Account, comment on a screenshot, post material to the
            Service, post links on the Service, or otherwise make (or allow any third party to make) material available
            by means of the Service (any such material, “Content”), you are entirely responsible for the content of, and
            any harm resulting from, that Content. That is the case regardless of whether the Content in question
            constitutes text or graphics. By making Content available, you represent and warrant that:
            
            
            
              - the downloading, copying and use of the Content will not
                infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade
                secret rights, of any third party;
 
              - if your employer has rights to intellectual property you
                create, you have either (i) received permission from your employer to post or make available the
                Content, including but not limited to any software, or (ii) secured from your employer a waiver as to
                all rights in or to the Content;
 
              - you have fully complied with any third-party licenses relating
                to the Content, and have done all things necessary to successfully pass through to end users any
                required terms;
 
              - the Content does not contain or install any viruses or other
                harmful or destructive content;
 
              - the Content is not spam, is not machine- or randomly-generated,
                and does not contain unethical or unwanted commercial content designed to drive traffic to third party
                sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as
                phishing) or mislead recipients as to the source of the material (such as spoofing);
 
              - the Content is not obscene, libelous or defamatory, hateful or
                racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third
                party;
 
              - your Account is not getting advertised via unwanted electronic
                messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar
                unsolicited promotional methods;
 
              - your Account is not named in a manner that misleads your
                readers into thinking that you are another person or company. For example, your Account’s URL or name is
                not the name of a person other than yourself or company other than your own; and
 
              - you have, in the case of Content that includes computer code,
                accurately categorized and/or described the type, nature, uses and effects of the materials, whether
                requested to do so by Persius or otherwise.
 
            
            
            
By uploading Content or otherwise providing Content to Persius , you grant Persius the right to use
            (including the right to host, index, cache and format) and display your Content in connection with providing
            the Service as well as otherwise on the Site and our marketing communications with you and other users and
            prospective users of the Service, including without limitation on our emails, marketing channels and other
            promotional materials (subject to the requirements set out in the Privacy Policy). To the extent we use your
            Content in our marketing communications, unless you expressly permit us to do otherwise, we will always cite
            you as the owner of such Content. This paragraph will survive the termination or expiry of the Terms.
            
Persius reserves the right to refuse or remove any Content or terminate or deny access to your use
            of the Service for any reason whatsoever. Please read the Community Guidelines for rules and advice on what
            types of Content and uses of the Service are appropriate at Persius .
            
            
            If you delete Content, Persius will use reasonable efforts to remove it from the Service, but you
            acknowledge that caching or references to the Content may not be made immediately unavailable.
           
          - Third Party Websites and Content. We have not reviewed, and cannot review, all of the material,
            including computer software, made available through the websites and webpages to which Persius links, and
            that link to Persius . Persius does not have any control over those non-Persius websites and webpages, and
            is not responsible for their contents or their use. By linking to a non-Persius website or webpage, Persius
            does not represent or imply that it endorses such website or webpage. You are responsible for taking
            precautions as necessary to protect yourself and your computer systems from viruses and other harmful or
            destructive content. Persius disclaims any responsibility for any harm resulting from your use of
            non-Persius websites and webpages.
 
          - Intellectual Property. All material available on the Service and all material and services provided
            by or through Persius , its affiliates, subsidiaries, employees, agents, licensors or other commercial
            partners including, but not limited to, software, all informational text, software documentation, design of
            and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant
            messaging, design and functions, files, documents, images, or other materials, whether publicly posted or
            privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by
            us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other
            intellectual property laws.
            
Subject to your compliance with the Terms, during the term of the Terms, Persius grants to you a
            non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the
            Materials that we make available to you.
            
If Persius , in its sole discretion and without notice, considers that there is an immediate
            security or operational risk to the Service, any of its, your or a third party system, then Persius may
            immediately suspend access to or use of the Service. The suspension of use and access is not a breach of the
            Terms. You acknowledge that the preservation of security, confidentiality and data is paramount. Persius has
            no liability to you for suspending the Service under this provision.
            
This section does not apply to Content; however you agree that any ideas, suggestions, concepts,
            processes or techniques which you provide to Persius related to the Service or Persius or its business
            (“Feedback”) are and will be Persius ’s exclusive property without any compensation or other
            consideration payable to you by Persius , and you do so of your own free will and volition. Persius may or
            may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Persius may
            decide into the Service or its business or other products. You hereby assign all rights on a worldwide basis
            in perpetuity to Persius in any Feedback and, as applicable, waive any moral rights.
            
For the purposes of the Terms and the Privacy Policy, “personal information” is any
            information about an identifiable individual, as defined in our Privacy Policy.
            
Persius retains the right to use or share any Aggregated Data generated by anyone using the Service,
            including our users, for the purpose of enhancing and providing the Service. “Aggregated Data” means data
            does not contain personal information and which has been manipulated or combined to provide generalized,
            anonymous information. Where you choose to utilize or connect certain services from third parties with the
            Service, you agree that Persius may share your lead data with such designated third parties. You are still
            responsible for any and all personal information that is part of any Content.
           
          - Changes. Persius reserves the right, at its sole discretion, to modify or replace any part of the
            Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of or
            access to the Service following the posting of any changes to the Terms constitutes acceptance of those
            changes. Persius may also, in the future, offer new services and/or features through the Service (including,
            the release of new tools and resources). Such new features and/or services shall be subject to the Terms.
          
 
          - Termination. Persius may terminate your access to all or any part of the Service at any time, with
            or without cause, with or without notice, effective immediately. If you wish to terminate the Terms or your
            Account (if you have one), you may simply discontinue using the Service. All provisions of the Terms which
            by their nature should survive termination shall survive termination, including, without limitation,
            ownership provisions, warranty disclaimers, indemnity and limitations of liability.
 
          - Disclaimer of Warranties. Your use of the Service and all Content forming part of or related to the
            Service, including any Content you upload or submit and any third party software and Content, are at your
            sole responsibility and risk. The Service are provided on an “as is” and “as available” basis. Persius
            expressly disclaims all representations, warranties, or conditions of any kind with respect to the Service,
            whether express or implied, including, but not limited to, any implied warranties or conditions of
            merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration,
            quiet enjoyment, title, and non-infringement.
            
The service is offered and controlled by Persius from its facilities in India. Persius makes no
            representations that the service is appropriate or available for use in locations other than India. Those
            who access or use the Service from other jurisdictions do so at their own volition and are responsible for
            compliance with local law. We handle complaints of copyright infringement in accordance with our Copyright
            Policy.
           
          - Limitation of Liability. You agree that, under no legal theory, including, but not limited to
            negligence, breach of warranty or condition, breach of contract or tort, will Persius or its owners,
            officers, directors, affiliates, contractors, employees or agents, be liable to you or any third party
            acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages
            or damages for loss of profits, goodwill, use, data, or other intangible losses or the cost of any
            substitute equipment, facilities or services (even if Persius has been advised of the possibility of such
            damages), arising from or relating to the Terms or your use of or your inability to use the Service, or for
            any damages arising from or related to the Terms. Persius ’s total aggregate liability from any and all
            claims under the Terms is limited to the total amounts you paid to Persius in the one (1) year immediately
            preceding the occurrence of loss or damage. To the extent any province, state or jurisdiction does not allow
            the exclusion or the limitation of liability for consequential or incidental damages, Persius ’s liability
            in such province, state or jurisdiction will be limited to the furthest extent permitted by law.
            Notwithstanding the foregoing or anything else herein to the contrary, Persius will not be liable to you or
            any third party acting on your behalf in any way with respect to a trial program or your provision of an
            individual’s personal information to Persius or through the Service. You further agree that the foregoing
            limitations will apply with respect to third party liability of any kind.
            
The foregoing limitations will also apply with respect to any damages incurred by reason of any
            content or services provided on any third party sites or otherwise provided by any third parties other than
            Persius and received by you through or advertised on the Service or received by you on any third party
            sites. You also agree that Persius will not be responsible or liable for any loss or damage of any kind
            incurred as the result of any interactions or dealings with advertisers or as the result of the presence of
            such advertisers on the Service.
            
With respect to any dispute arising out of or related to the Service and/or the Terms: (i) you
            hereby expressly give up your right to have a trial by jury; and (ii) you hereby expressly give up your
            right to participate as a member of a class of claimants, in any lawsuit including but not limited to class
            action lawsuits involving any such dispute.
            
You agree that you will not bring a claim under or related to the Terms more than one (1) year from
            when your claim first arose.
           
          - General Representation and Warranty. You represent and warrant that (i) your use of the Service
            will be in strict accordance with the Terms, the Privacy Policy, the Community Guidelines and all applicable
            laws and regulations (including without limitation any local laws or regulations in your country, state,
            city, or other governmental area, regarding online conduct and acceptable content, and including all
            applicable laws regarding the transmission of technical data exported from the Canada or the country in
            which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual
            property rights of any third party.
 
          - Indemnification. You agree to indemnify, defend, and hold harmless Persius , and its subsidiaries,
            affiliates, co-branders, all third-party advertisers, technology providers, service providers or other
            partners, and each of their respective officers, directors, agents, shareholders, employees and
            representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss,
            damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”)
            incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating
            to the Terms, the Service, including but without limitation in relation to: (a) your use, non-use or misuse
            of, or connection to the Service and any Content; (b) your violation or alleged violation of the Terms; and
            (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as
            set out herein. Persius reserves the right, at your expense, to assume the exclusive defense and control of
            any matter for which you are required to indemnify Persius and you agree to cooperate with Persius ’s
            defense of these Claims. You agree not to settle any matter without the prior written consent of Persius .
            Persius will use reasonable efforts to notify you of any such Claims upon becoming aware of it.
 
          - Miscellaneous. If there is any dispute between you and Persius about or involving the Terms, the
            Service, you hereby agree that the dispute will be governed by and construed in accordance with the laws of
            the Province of British Columbia, Canada, without regard to its conflict of law provisions.
            
Except for any claim involving the ownership of intellectual property, all disputes arising out of
            or in connection with the Terms will be referred to and finally resolved by arbitration under the rules of
            the Republic of India. The appointing authority will be the High Courts and Supreme Court of India. The case
            will be adjudicated by a single arbitrator and will be administered by the High Courts and Supreme Court in
            accordance with its rules. The place of arbitration will be Bangalore, India. The language of the
            arbitration will be English.
            
If any portion of the Terms is deemed unlawful, void or unenforceable by any arbitrator or court of
            competent jurisdiction, the Terms as a whole will not be deemed unlawful, void or unenforceable, but only
            that portion of the Terms that is unlawful, void or unenforceable will be stricken from the Terms.
            
You agree that the Terms are specifically enforceable by Persius through injunctive relief and other
            equitable remedies without proof of monetary damages.
            
The Terms are the entire agreement between us related to the subject matter in the Terms. The Terms
            replace and supersede any other prior or contemporaneous agreement, representation or discussion, oral or
            written, and may not be changed except in writing signed by us, regardless of whether or not the parties act
            under an unsigned “electronic” agreement or rely on such an unsigned agreement.
           
          - Contacting Persius . You may contact Persius by email at [email protected] or by mail at 179/2, GVR ICON, C-13,10TH A MAIN ROAD, Paramahansa Yogananda Rd, 2nd Stage, Indiranagar, Bengaluru, Karnataka 560038, India.