Terms and Conditions

Last Updated: June 15, 2024

Welcome to Arthivio. These Terms and Conditions ("Terms") govern your access to and use of the Arthivio mobile application and the website at https://arthivio.com (collectively, the "Services"), operated by Arthivio ("we," "us," or "our").

Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our Services and updating the "Last Updated" date. Your continued use of our Services following the posting of any changes constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically.

3. Account Registration and Security

3.1 Account Creation

To use certain features of our Services, you may need to register for an account. When registering, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to:

• Create a strong password and keep it confidential;
• Restrict access to your account and device;
• Notify us immediately of any unauthorized access to your account or any other breach of security;
• Take responsibility for all activities that occur under your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to, violations of these Terms or inactivity. You may also request to delete your account at any time through our Services.

4. User Content and Conduct

4.1 User Content

"User Content" refers to any content, information, communications, or material that you submit, post, upload, share, store, or otherwise provide through our Services.

4.2 Content License

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with operating and providing our Services.

4.3 Content Restrictions

You agree not to post, upload, or share User Content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy;
• Infringes any patent, trademark, copyright, or other intellectual property right;
• Contains software viruses or any other code designed to interrupt, destroy, or limit the functionality of any computer software or hardware;
• Impersonates any person or entity or falsely states or misrepresents your affiliation with a person or entity;
• Contains personal or identifying information about another person without their explicit consent;
• Constitutes unauthorized or unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation;
• Contains material that exploits people under the age of 18 in a sexual or violent manner.

4.4 Prohibited Conduct

You agree not to:

• Use our Services for any illegal purpose or in violation of any local, state, national, or international law;
• Harass, abuse, or harm another person or group, including our team members;
• Interfere with or disrupt our Services or servers or networks connected to our Services;
• Attempt to access accounts, computer systems, or networks connected to our Services without authorization;
• Use any data mining, robots, or similar data gathering or extraction methods on our Services;
• Create multiple accounts for disruptive or abusive purposes;
• Use our Services in any manner that could disable, overburden, damage, or impair the Services;
• Share your account credentials with any third party or allow any third party to access your account.

5. Content Moderation

We reserve the right, but are not obligated, to monitor, review, screen, and remove any User Content at our sole discretion, at any time and for any reason, without notice to you. We are not responsible for any User Content posted by users of our Services.

6. Intellectual Property Rights

6.1 Our Intellectual Property

Our Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel, are owned by us, our licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 Limited License to You

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial use only.

6.3 Restrictions

You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Services, except as expressly permitted;
• Delete or alter any copyright, trademark, or other proprietary notices;
• Access or use our Services for any commercial purposes;
• Decompile, reverse engineer, or otherwise attempt to obtain the source code of our Services.

7. Third-Party Links and Services

Our Services may contain links to third-party websites, services, or content that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these third parties.

8. Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

IN NO EVENT WILL WE, OUR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

10. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of our Services or your violation of these Terms.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. You agree that any dispute arising from or relating to the subject matter of these Terms shall be resolved exclusively in the courts located in Kolkata, India.

12. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

13. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and us regarding your use of our Services and supersede all prior and contemporaneous written or oral agreements between you and us.

14. Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law.

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