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
(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
- 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.
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”
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
- 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
- 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
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.
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
- 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
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 7194,
Prestige Tranquillity , Bangalore - 49.