Terms And Conditions

Please read the terms and conditions below

1. Acceptance of terms with care

Ownchat (hereinafter referred to as "platform"/ "mobile application") is a website and mobile application premised client communication assimilation platform operated and powered by iEYAL SOLUTIONS (hereinafter referred to as "ownchat"/ "we"/ "us"/ "our") which is Located at 80/5, Nethaji Rd, Thiruvarur, Tamil Nadu, India 610001.

This document is a totally legal contract to buy among the registered or unregistered user of the platform and us in regards to the use of the platform and establish forth the terms and conditions by which you might very well access and use the platform and our relevant sites, assistance, apps, product lines, and content.

The terms of this document will be efficient upon your affirmation of the same (implicitly or explicitly in digital form, by clicking on the "i AGREE FOR PRIVACY POLICY & TERMS OF SERVICES" tab or by use of the platform and/or generating a registered account on the platform (hereinafter referred to as "account") and will regulate the partnership.

This document is an electronic document under the act on information technology 2000, and the rules presented there to, as available, as well as the updated regulations relating to digital records in numerous legislation as amendments made by the information technology act, 2000. A computer system creates this electronic record, and no physical or digital signatures are required.

THIS DOCUMENT DOES NOT CONFORM TO THE PROVISIONS OF THE GENERAL DATA PROTECTION REGULATION 2016/679 ("GDPR"). As a result, IF YOU ARE A RESIDENT OF THE EUROPEAN UNION ("EU"), YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE SERVICES TO EU TERRITORIES. ADDITIONALLY, WE DO NOT REPRESENT OR WARRANT TO YOU THAT WE ARE GDPR COMPLIANT.

PLEASE CAREFULLY READ THIS DOCUMENT. BY USING THE PLATFORM AND OUR SERVICES, YOU ACKNOWLEDGE, AGREE, AND CONSENT TO THIS DOCUMENT. PLEASE DO NOT USE THIS PLATFORM IF YOU DO NOT AGREE WITH THE TERMS OF THIS DOCUMENT. YOU HEREBY GIVE US YOUR UNCONDITIONAL ASSETS OR CONTRACTS TO ACCESS AND USE YOUR PERSONAL DETAILS THAT YOU HAVE VOLUNTARILY PROVIDED TO US IN CONNECTION WITH THE USE OF THE PLATFORM AND THE SERVICES, AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF THE INFORMATION TECHNOLOGY ACT, 2000.

By providing Us with Your details or using the Platform and the Services provided thereof in, You hereby consent to Us collecting, storing, processing, and transferring any or all Personal Details (Defined in Our Privacy Policies) and Non-Personal Details as specified in this document, and You further agree that such collection, use, storage, and transfer of information shall not cause Any harm or unjust gain suffered by you or another person.

This Terms of Service and the Services supplied by Us are solely for organisations, entities, businesses, and other legal entities. Any natural person acting outside the boundaries of economic activity and for objectives other than trade, commerce, craft, or profession is excluded from the definition of consumers.

To access and utilise this Platform, you must be at least eighteen (18) years old. A minor (someone under the age of 18) is not permitted to use the Platform's Services. Your entity or organisation, on whose behalf You are accessing the Platform and using the Services, must have been formed in accordance with applicable laws.

Suppose You are using the Services on behalf of a corporation, partnership, or other similar entity. In that case, You represent and warrant that You have the ability to sign for and bind the such company in order to accept these Terms of Service.

Your usage of Our Services and access to the Platform are also subject to Our Privacy Policy (before signing up) and Privacy Policy (after/during signing up), the terms of which are readily accessible through the Platform and are incorporated herein by reference. You acknowledge that all agreements, notifications, disclosures, and other communications that we deliver to you electronically satisfies our need to communicate with you in writing under all applicable laws.

Before You use or subscribe to, and/or begin participating in or utilising the Platform, it is depicted and guaranteed that You, the Platform User, have fully read, understood, and agree to the Terms of Use as revised from time to time without notice to You. It is recommended that you examine these Terms of Service on a regular basis for any modifications.

We will make reasonable efforts to notify You of any changes to the Terms of Service by posting a notice on the Platform. Your continued use of the Platform and the Services after the date of the new Terms of Use shall be deemed Your acceptance of the updated Terms of Use. You may not use the Platform or Services if You do not agree to or wish to be bound by the amended Terms of Use.

We may launch new versions of the Platform or introduce new and expanded scopes of Services from time to time, which will be subject to these Terms of Use and any other terms of Service that may apply to such extra new versions or Services.

2. OwnChat Services

The Platform provides Users who have registered to Our membership plan with access to and usage of a secure and available virtual, cloud-based software that allows the integration of all client communications in a single platform using the WhatsApp Business API ["OwnChat Services"]. You acknowledge and agree that the Platform relies on WhatsApp Business API to deliver OwnChat Services to Users. As a result, any changes to the WhatsApp Business API may have an impact on, and potentially preclude Us from providing OwnChat Services. The Platform has no control over the supply of services through the WhatsApp Business API or their technical setup.

OwnChat Services are only intended for commercial use or internal business objectives within the entity or organisation that the Users represent, not for personal or home use. The Ownchat Services must be used exclusively for their intended purposes and goals. Furthermore, the Users are responsible for getting internet access and the equipment required to use the Ownchat Services.

Provided by OwnChat include, but are not limited to :

a) Chatbot

You can build your entity's/digital organisation's assistant by installing the Ownchat WhatsApp Chatbot. As a result, You can deliver automated responses to Your customers' inquiries.

b) Numerous Agents

If Your subscription plan includes WhatsApp workspace, You are entitled to add as many agents as your subscription plan allows (i.e., Your employees and others) to the WhatsApp workspace that will have access.

c) Private notes

Private notes in a chat and against contacts can be added by authorised personnel. Your employees within the corporation or organisation will be restricted or given access to information via private notes.

d) Content Distribution

You can produce text messages, images, videos, location, contact, audio, and other types of content ("Your Content") and share them with others.

e) Templates for WhatsApp Messages

Subject to WhatsApp's approval, you can design Your Own customised WhatsApp Message Templates (as stated in the WhatsApp documentation). Furthermore, You recognize the applicable fee for such WhatsApp Message Templates and are liable for any mandatory mark-up payments to OwnChat in connection with the use of WhatsApp Message Templates.

To be clear, WhatsApp Template Messages refer to certain message formats that have been vetted and approved by WhatsApp and that businesses utilise to deliver messages to their clients. WhatsApp has transitioned to conversation-based pricing, which may be found here

3. SIGN-UP AND ACCOUNT REGISTRATION PROCESS

If you want to use OwnChat Services, you must first join up with Ownchat Services by completing the steps outlined below:

• For a free trial, please contact Us via the Platform's website (https://ownchat.app) ("Website") and supply Us with Your work email and active mobile number. After entering Your work email and active mobile number, the OTP will be sent to respective mobile number and upon OTP confirmation the Website will send You to our Sandbox account, where You will be asked to link your WhatsApp number with our shared Sandbox number in order to enjoy the capabilities of Ownchat Services for Your business. Furthermore, certain information about You and Your company, including but not limited to:
• We will seek the name of Your organisation or entity;
• registered address of Your organisation/Yourself;
• purpose of the entity;
• website of Your entity,
• business classification, contact number, and so forth.
• You must apply directly from the Ownchat portal for WhatsApp Business API enabled by a certain Business Service Provider. You must select assisted enrollment from the ownchat onboarding team. Our team will give any advice or demonstrations required to get your company up and running with your Ownchat.
• Following such demo(s) of Ownchat Services, if You wish to sign up for Ownchat Services, an Ownchat Onboarding Guide in the form of a Google Form ("Guide") will be sent to your work email requesting information about your organisation/business, including but not limited to business incorporation documents, utility bills, social media credentials, WhatsApp number to be integrated in order to use the Platform, and so on ("Registration Data").
• You must share the duly completed Guide with Us, as well as agree to these Terms of Use and the relevant WhatsApp Business terms and conditions. We will distribute the Guide to WhatsApp for review and approval. Once WhatsApp has reviewed and validated the Guide, the phone number you provided will be permitted to access the WhatsApp Business API services. Upon such acceptance, We will send a one-time password ("OTP") and a signup link to Your WhatsApp number listed in the Guide.
• Furthermore, by clicking the sign-up link, You agree to create an Account as defined in clause 4 below in order to utilise Ownchat services.

4. ACCOUNT REGISTRATION AND ACCOUNT MAINTENANCE:

The above-mentioned sign-up link will redirect You to the Website, and in order to use the Ownchat Assistance on the Platform, You will need to create an Account on the Platform and register as an enrolled Account holder of the Platform by signing up in the manner engendered on the Platform with such other data as might be sought from You, after which You will receive a password and username (Login Credentials).

You will be prompted to give information about your organisation. As the Account's creator, You warrant and represent that You are the properly authorised representative and signatory of the entity named in the Account, and that the information given is accurate, comprehensive, and not deceptive. The entity named in the Account hereby accepts these Terms of Service. These Terms of Service take effect immediately on the date the account is established and authenticated. For efficient communication, you must promptly notify us of any changes to the information you provided by updating the data.

You recognize that if any Registration Data given by You is false, incorrect, out of date, or incomplete, We have the right to indefinitely suspend, terminate, or block access to Your Account on the Platform, you agree:

to restrict access to Your password or other login information by anyone or entity other than authorised representatives from Your organisation,

• to prevent anyone other than duly authorised from Your organisation from accessing Your password or other login information,
• to not intentionally use another person's name or email address without permission,
• to not use a profane, insulting, or otherwise improper email or profile name,
• to prevent any third party from using Your login information, Registration Data, or Account,
• to alert Us of any activity in your Account, even if such activity was not initiated by You

We reserve the right to change or add to the Registration Data information fields required to create an Account at any time. You undertake to quickly fill out any additional or changed information forms that We may seek.

In some situations, You will also need to adjust Your Account and/or operating system settings to grant Us access to Your other details, such as the address book/contacts, as well as enable the geolocation and camera/microphone functionalities. Your registration with Us is subject to Our approval and will become valid once We either confirm or activate Your account.

Password & Security

You should keep Your Login Credentials confidential and not divulge or disclose them to anyone. You are obligated to safeguard Your Login Credentials from unauthorised disclosure. If You feel there has been a security breach, such as disclosure, theft, or unauthorised use of Your ID, You must contact Us immediately.

If We have reason to suspect that Your ID is being used in a manner that is not permitted by these Terms of Service, We have the right to suspend access privileges immediately upon notification to You and to prohibit access from Your ID until the matter is rectified.

Communication with a Third Party

You give Us with Your contact information, including Your email address, when you create an account on Our Platform. You hereby affirmatively consent to Us using Your email address to send You notifications about important service announcements and other administrative communications related to Your use of the Platform, as well as certain marketing and other advertising communications from Us and Our third-party advertising partners. You can choose not to get certain notifications; however, you cannot choose not to receive certain services or administrative notifications. If you do not want to receive such Platform-related notifications, the only method to opt out is to stop using and deleting the Platform.

We simply deny liability for any communications aimed directly to You from implicitly or explicitly in link with the Platform that You would receive, as well as any deeds You may take or refuse to take as a consequence of any such third-party communications, and takes no responsibility for verifying the identity or truthfulness of the source or subject matter of any such third-party Communications.

Termination of Platform Access and Account Deletion

We retain the right to disable Your Account at any time.

• if You do not comply any of the terms contained in these Terms of Use and/or WhatsApp Business Policies;
• if actions take place on Your Account that, in Our absolute discretion, would or might cause damage to Us and/or the Platform;
• impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations;
• or if You have engaged in inappropriate conduct.

We could also disable Your Account, and suspend or terminate Your access to the Platform if You bring a claim against Us or a claim involving the Platform. We also reserve the right, in Our sole discretion, to seek and obtain any other remedies available to Us under any applicable laws and regulations or at equity as a result of Your breach of these Terms of Use or any other act or omission by You that gives rise to a claim by Us, and Our disablement of Your Account or suspension or termination of Your use of, or access to, the Platform is without prejudice to, and shall not be deemed a waiver of, the foregoing.

If We terminate, limit, or suspend Your right to use the Platform, You are forbidden from registering and creating a new Account in Your name, a fictitious or borrowed name, or the name of any third party, even if You are acting on behalf of the third party, without Our prior written consent.

This Terms of Use will continue in effect and enforceable against You even if Your right to use the Platform is cancelled, limited, or suspended.

You can cancel Your Account at any time and for any reason by sending an email to support@ownchat.app. We will assess the respective Account in connection to the pending Subscription Fee once We receive such a request for cancellation.

We will terminate the Account from the Platform only when such review is completed. However, You should be aware that We reserve the right to preserve Your Registration Data in an anonymous form, as well as any other information submitted "as-is" as part of legislative requirements.

Regardless of anything written in this Terms of Use, all clauses of this Terms of Use that, by their nature, should survive the expiration or termination shall continue in full force and effect beyond the expiration or termination of this Terms of Use.

Your Assent

You recognize and offer your complete and unqualified approval to:

• Your Account Information will be permanently stored on a computer database that We will maintain, own, and control.
• Your Account Information may be shared with any other third-party entity with whom We have a commercial relationship.
• Your Account Information may be shared with other third-party organisations in its original form, as part of or aggregated with other third-party entities.
• We share your account information with Our partners, licensors, and affiliates.
• Receiving links to third-party websites and services, as well as displaying advertisements for third-party service providers with whom We have a commercial connection (collectively, "Third-Party Links & Advertisements").
• Receive telephone calls, text messages about Our Services, including promotional calls and messages about Our Services, and product updates from Us if You give Your mobile number or any other contact information ("Mobile Contact Number") while opening an Account or interacting with Us.

SUBSCRIPTION PLAN:

To use the ownchat Services, the User can select an appropriate plan from the subscription plans shown on the Platform's pricing page https://ownchat.app/pricing and agree to pay the applicable charge listed in the selected subscription plan ("Subscription Fee").

You will pay the Subscription Fee on a monthly/quarterly/half-yearly/annual basis within seven (7) days of the billing date. Unless the account is discontinued or You provide written notice of non-renewal at least thirty (30) days prior to the expiration of the applicable subscription term, your membership to the ownchat Services will renew automatically.

You acknowledge that the subscription plan You select may be amended from time to time and that it is Our responsibility to notify You of such changes in the subscription plan. Payment terms are non-cancelable, regardless of usage by You, and Subscription Fees paid are non-refundable except as expressly specified in these Terms of Use.

We accept payment authorization on Our Platform via the following payment services:

RazorPay.

We accept the following payment options via the payment services listed above:

• Credit Cards: Visa, MasterCard, and American Express credit cards, both domestic and international.
• debit cards.
• Internet banking.
• UPI.

If an undisputed Subscription Fee(s) is more than thirty (30) days overdue, We may suspend Your access to the Platform, including, but not limited to, Your Account, until such unpaid Subscription Fee(s) are paid in full.

The Subscription Fee does not include any taxes, levies, fees, or other similar governmental assessments, such as value-added, sales, use, or withholding taxes levied by any local, state, provincial, or foreign jurisdiction (collectively "Taxes"). You agree to pay all relevant direct or indirect taxes related with its purchases under this agreement, which will be itemised on the invoice to the extent We are legally required to collect them.

The Subscription Price does not include any charges imposed by WhatsApp Business API for Template Messages or Conversations; we will generate an invoice based on message/conversation consumption on a monthly basis, and you need to pay the invoices within 7 days of receipt. We reserve the right to charge You for this additional service, and You have the option to accept or deny such charges and not use the linked channel.

The customer is responsible for paying all fees incurred (such as foreign remittance, bank transfer, and processing fees), and Ownchat will receive the full amount listed on the invoice.

Downgrades and Upgrades

You can switch between Subscription Plans at any time. You acknowledge that lowering Your membership may result in the loss of features or capacity of the Services as they were available to You prior to downgrading Your subscription. Such loses will not be the subject of our liability.

When You upgrade or downgrade, the new Subscription Fees take effect immediately. When you upgrade, the new Subscription Fees for the current month will be charged pro-rated and must be paid in line with these Terms of Service. Subsequent months will be charged in full in accordance with the new Subscription Fees, and any credits will be duly adjusted.

There will be no upgrade/downgrade refunds, half month credits, or unused month refunds for accounts that are still open. No exceptions will be made in order to treat everyone equally.

Whatsapp Business API

The User Acknowledges and agrees that Ownchat has collaborated with Whatsapp Business Service Providers to deliver the Services via the Platform. The User understands and agrees that the Platform is connected with the WhatsApp API, and that We may exchange certain Registration Data with WhatsApp. We disclaim any liability resulting from Your usage of the WhatsApp API via the Platform. Furthermore, You agree to obey the terms and conditions set out by WhatsApp for the use of WhatsApp Business:

• https://www.whatsapp.com/legal/business-policy
• https://www.whatsapp.com/business/api/
• https://www.whatsapp.com/legal/commerce-policy/
• https://developers.facebook.com/docs/whatsapp/api/rate-limits

You acknowledge and accept that WhatsApp may amend its rules, including but not limited to the WhatsApp Business Policy, at any time and without notice; by continuing to use the WhatsApp Business Products through our Platform following such changes, You consent to such changes.

You represent and guarantee that You are not in breach of the WhatsApp Commerce Policy and do not fall under any of the restricted industries listed in the WhatsApp Commercial Policy. You acknowledge that, in accordance with its policies, WhatsApp Business can impose limits on the number of messages that businesses can send each day.

Furthermore, WhatsApp reserves the right to examine, approve, or reject any WhatsApp Message Templates (as described in WhatsApp documentation) supplied by You at any time.

WhatsApp does not provide a mechanism to be notified when a WhatsApp user blocks Your sender, nor does it provide a way to access a list of WhatsApp users who have blocked You.

If You Cause Harm to WhatsApp or Its Users, Violate or Encourage Others to Violate Our Terms or Policies, or If You Violate or Encourage Others to Violate Our Terms or Policies, as Determined by WhatsApp in Our Sole Discretion, WhatsApp reserves the right to limit or remove Your access to or use of the WhatsApp Business API and other WhatsApp Business Products.

If WhatsApp terminates your account for violating any WhatsApp Business rules or policies, WhatsApp may block You and Your Organization from using the WhatsApp Business API and other WhatsApp Business Products in the future.

We will accept no responsibility for any such infringement. Any additional charges incurred as a result of this will be borne by You.

Once you've registered on Our Platform, you won't be able to use the WhatsApp number you registered with us on WhatsApp Business App or WhatsApp Mobile App on another platform.

Message Template for WhatsApp

• WhatsApp has the right to change allowed message types and related policies at any time.
• You may only initiate chats if you use approved WhatsApp Message Templates and pay the necessary fees.
• WhatsApp Message Templates must adhere to WhatsApp's guidelines and be used exclusively for their intended purpose.
• At any time, WhatsApp reserves the right to examine, approve, or reject any WhatsApp Message Template.
• You agree to accept responsibility for the variable WhatsApp Message Template fees billed by Us.
• WhatsApp has transitioned to conversation-based pricing, which may be found here

7. SERVICE ACCESS AND USE ON THE PLATFORM

You are not utilised to use the Platform or its Services to host, display, upload, change, publish, transmit, save, update, or share any information that:

• belongs to someone else and over which You have no authority.
• is defamatory, obscene, pornographic, pedophilic, invading third-party privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to current laws
• is hazardous to the child
• any patent, trademark, copyright, or other intellectual rights
• violates any legislation in effect at the time.
• deceives or misleads the addressee regarding the origin of the message, or knows and deliberately conveys any material that is obviously false or misleading in nature but might fairly be interpreted as a fact
• impersonates someone else
• threatens India's unity, integrity, defence, security, or sovereignty, cordial relations with foreign states, or public order, or incites the commission of any cognizable offence or hampers the investigation of any offence, or insults another nation.
• contains a computer virus or any other computer code, file, or programme designed to disrupt, destroy, or limit the functionality of any computer resource
• is obviously false and untrue, and is written or disseminated in any manner with the goal to deceive or harass a person, entity, or agency for financial gain or to cause harm to any person.
• any unlawful information that is prohibited under any law currently in force in relation to the interest of India's sovereignty and integrity; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offence relating to the above; or any information that is prohibited under any law currently in force.
• any third-party private information, such as addresses, phone numbers, email addresses, or any personally identifiable information
• You agree not to use the Platform for any of the following purposes:
• upload, post, email, or otherwise make available or transmit any material containing software viruses or any other computer code, files, or programmes designed to disrupt, destroy, or limit the performance of any computer software or hardware or telecommunications equipment;
• interrupt the usual flow of discussion, cause a screen to "scroll" faster than other Users of the Service can type, or otherwise act in a way that negatively affects other Users' ability to engage in real-time exchanges or use the service as offered by Us;
• Start interfering with or destabilise the Platform, servers, or networks connected to the Platform, or refuse to obey any requirements, guidelines, regulations, or restrictions of networks connected to the Platform;
• either intentionally or unintentionally infringe any applicable local, state, national, or international law, including, but not limited to, regulations espoused by Indian securities, exchange control, and other regulatory authorities, rules of any Indian securities exchange, and a rule of any Indian securities exchange.
• create unauthorised copies, alter, accommodate, translate, decompile, dismantle, reverse engineer, or create any derivative works of the Services or any subject matter included therein, including any files, tables, or documentation (or any portion thereof), or determine or seeks to identify any source code, methodologies, techniques, or analysis methods embodied by the Services or any derivative works thereof; distribute, license, exchange, or sell, in whole or in part, any of the Services or any derivative works thereof;
• use the Services for any commercial or illegal purpose, including conveying or facilitating any commercial advertisement, solicitation, or spamming, without our express written approval.
• incorporate the Services, in whole or in part, into any other programme or product In such a circumstance, we reserve the right, at our sole discretion, to cancel the Service and Your accounts or limit access to the Services.
• impersonate another person, or fraudulently declare or otherwise misrepresent Your relationship with another person, infringes on any party's patent, trademark, trade secret, copyright, or other proprietary rights ("Rights");
• attempting to use or gain access to another user's/patient's/account, practitioner's service, or system, or creating a false identity on the Services.
• use the Service to
• sell any advertising, sponsorships, or promotions other than those permitted by Us on, around, or within the Service or Content; or
• sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales.
• In addition to the foregoing, You must follow Our Privacy Policies as they are modified from time to time, a copy of which is available on our Platform.
• You are solely responsible for any & all information that you communicate or share on the Platform. Your conversations using the Platform will be encrypted by WhatsApp company, and We will have no access to such communications via the Platform. In the case of non-compliance with these Terms of Service, We may immediately cancel Your registration with Us and/or prevent Your access to the Platform and Services.
• You acknowledge that the Platform can include third-party material or links to third-party sites or assistance, such, as, but not limited to, ads that are not owned or managed by Us. They are just offered as a resource for allusion and ease. We do not control any such third-party content and are not responsible for its accessibility or correctness in terms of content, advertising, or goods or services, and the inclusion of such third-party content does not constitute or imply any form of recommendation or endorsement by Us. We will not be held liable or responsible for any third-party content transmitted using the Platform.
• By using the Platform, You expressly release and retain Us harmless from any and all liability arising from Your use of any third-party communications and third-party content, including any damage or loss caused as a result of any interactions between You and any third parties, or as a result of the existence of such third-party content on the Platform or its failure to function as intended. It is Your obligation to assess the accuracy and usefulness of information gained from third-party sources.

8. PROTECTION OF PERSONAL DATA

Our responsibility to utilise Personal Data will be limited to the purpose for which such Personal Data was collected.

Personal information.

Subject to these Terms of Service, We will collect Your Registration Data as a result of providing our Services.

• We agree that we will not divulge or use any of Your Registration Data for any reason other than carrying out Our duties under this agreement.
• Without Your prior written approval and subject to the additional requirements of this article, we will not share Your Personal Data to any third party, including Our third-party service providers.
• technical, employ administrative and physical safeguards to prevent unauthorised use or dissemination of Your Personal Details, rapidly provide such information about its privacy and security systems, policies, and methods as You may request relating to its formalities and supervisory obligations under applicable laws and regulations, and
• immediately inform You in the event of any actual or apparent theft, unauthorised use, or disclosure of any of Your Registration Data.
• provide You with notification thereof, as well as any additional information and assistance that may be reasonably requested.

9. RIGHTS TO INTELLECTUAL PROPERTY AND PLATFORM LICENSE

The copyright, information right, and other rights of intellectual property in the Platform, product lines, and Services, including but not limited to the Onboarding Guide, Registration Information, texts, graphics, logos, button icons, images, audio, clips, digital downloads, software, data compilations, and technology being used or making appearances or transmitted through it ("Intellectual Property"), belong to Us or Our affiliates or licensors. All rights not expressly granted in these Terms of Use are reserved by Us and Our licensors.

• We offer You a limited, non-exclusive, reversible, royalty-free, non-transferable, non-assignable, non-sublicensable right and license to use and utilize the Platform and the Services provided on the Platform, subject to these Terms of Use and solely within the limits granted by Us herein. This license does not permit the Platform's dissemination, sales, or commercial use.
• You may not re-use Our Platform's Services or systematically extract any part of the material, nor may you use any robots, data mining, or extraction tools to re-use Our Platform. Furthermore, without our prior written permission, You shall not develop or publish anything that incorporates elements of Our Platform (for example, Our Services and their prices).
• "Ownchat" and "ieyalsolutions," as well as Our logos and local language equivalents of the aforesaid trademarks, as well as certain product names appearing on this Platform (collectively, the "ieyalsolutions Marks"), are trademarks or registered trademarks of ieyalsolutions. Except as expressly provided in these Terms of Use or as expressly authorized in writing by Us, You may not use any ieyalsolutions Marks or ieyalsolutions Intellectual Property alone or in combination with other words or design elements, including in any press release, advertisement, or other promotional or marketing material or media, whether written, oral, electronic, visual, or any other form.
• References to third parties' trademarks on this Platform, including but not restricted to Our payment service providers and other service providers, are for identification purposes only and do not imply that such parties have authorized this Platform or any of its Services. These Terms of Service do not grant You any rights to utilize the trademarks of such other third parties.

10. WARRANTIES AND REPRESENTATIONS

You represent and warrant the following:

• You are completely capable and competent to enter into this Terms of Use, and You have the right, authority, and capacity to enter into and be bound by this Terms of Use, as well as to abide by the terms and conditions set forth herein, and You will do so.
• You shall not use any of the Services in any way that goes beyond the functionality of the Services.
• You agree not to attempt to gain unauthorised access to any of the Services or any networks, servers, or computer systems that are linked to the Services.
• You must not use the Services in any way that could harm or impair the Services or our underlying systems and security.
• You agree not to use the Services in any way that is prohibited or supports or encourages illegal conduct, including (but not limited to) infringement of copyright or data theft.
• Without Our specific consent, you may not utilize any intellectual property, whether held by Us or other third parties, including the copyrighted content published on the Platform, for personal or third-party gain.
• You agree not to change, adapt, translate, or reverse engineer any of the Services (e.g., by creating a shadow site or Website that mirrors the said Services, or substantially mirrors said Services).
• You agree to quickly report and bring to Our attention each time Your Mobile Contact Number appears on the Telecom Regulatory Authority of India ("TRAI") Do Not Disturb/National Consumer Preference Register List following the Primary Registration.
• You recognize and acknowledge that any calls or messages received from Us on Your Mobile Contact Number are not unsolicited.
• You will not do or fail to do anything that will expose Us to liability or cause Us to lose (in whole or in part) the Services of Our Internet service providers (ISPs) or other partners, suppliers, contractors, or vendors.

11. CONFIDENTIALITY

Each Party understands and agrees that in carrying out these Terms of Service, it may have access to or be exposed to Confidential Info of the other Party, either directly or indirectly.

Each Party recognizes and agrees that: all Confidential Information shall remain the exclusive property of the Disclosing Party; it shall not utilize the other Party's Confidential Information for any purpose other than the performance of the Agreement;

It shall not reveal the other Party's Confidential Information to any third party, except to its workers, officials, contractors, representatives, and service providers on a need-to-know basis in connection with the Agreement, provided that such allowed persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms of this Agreement.

It will return or destroy all Confidential Information of the Obligee upon the termination of the Agreement or at the Disclosing Party's request (subject to applicable law and, with respect to Us and Our internal record-keeping procedures).

Each Party recognises and agrees that:

• all Confidential Information shall remain the exclusive property of the Disclosing Party; it shall not utilise the other Party's Confidential Information for any purpose other than the performance of the Agreement;
• It shall not reveal the other Party's Confidential Information Information to any third party, apart from to its employees, officers, contractors, agents, and service providers on a need-to-know basis in connection with the Agreement, provided that such permitted persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms of this Agreement.
• Upon termination of the Agreement or at the request of the Disclosing Party, it shall return or destroy all Confidential Information of the Disclosing Party (subject to applicable law and, with respect to Us and Our internal record-keeping obligations)

Notwithstanding the foregoing, Confidential Information shall not include any information that:

• is or becomes part of the public domain through no act or negligence on the part of the Receiving Party;
• was posses by the Recipient prior to the date of signing up for the Account without a responsibility of secrecy;
• is divulged to the Recipient by a third party under no confidentiality obligation;
• is required to be submitted by applicable law, court order, subpoena, or governmental authority, provided the Receiving Party notifies the Disclosing Party of such requirement and provides the Disclosing Party with a reasonable opportunity to contest or limit such required disclosure

12. WARRANTIES ARE DISCLAIMED

YOUR USE OF THE PLATFORM IS AT YOUR SOLELY RISKY. TO THE LIMITED EXTEND NOT EXPRESSLY STATED IN THESE TERMS OF USE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT

WE MADE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURATE, CURRENTNESS, COMPREHENSIVENESS, OR RELIABILITY OF ANY RESOURCES OFFERED THROUGH THE PLATFORM OR THIRD PARTY SERVICES LINKED TO THE PLATFORM, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY SERVICE ISSUES, ERRORS, OR INACCURACIES.

PERSONAL INJURY OR Destruction Of property OF ANY NATURE Whatever RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR Safe SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.

WE DO NOT GUARANTEE, ENDORSE, WARRANT, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANS YOU SHOULD USE YOUR FULLEST DECISION AND TAKE CARE WHERE APPROPRIATE WHEN PURCHASING A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT.

NEITHER WE NOR OUR AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT IT WILL ALWAYS BE ACCESSIBLE;NOR DO WE MAKE ANY WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, OR THE TIMELINESS, ACCURATE, RELIABILITY, COMPREHENSIVENESS, OR INFO, MATERIALS, OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH USE OF THE PLATFORM.

OUR AFFILIATES AND LICENSORS MAKE NO WARRANTY THAT THE PLATFORM IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS, NOR DO THEY GUARANTEE THAT ANY PERSONAL INFORMATION YOU PROVIDE WILL NOT BE MISAPPROPRIATED, APPREHENDED, DELETED, DESTRUCTED, OR USED BY OTHERS. WE MAY, WITHOUT NOTICE, CHANGE, SUSPEND, WITHDRAW, OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS.

13. LIABILITY LIMITATIONS

UNDER ANY OTHER SITUATIONS WILL WE, OUR AFFILIATES, LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, WORKERS, OFFICIALS, EXECUTIVES, CORPORATE PARTNERS, OR RESPONDENTS BE LIABLE FOR ANY DIRECT, IMPLICIT, INCIDENTAL, PIVOTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION

WHATEVER HEAVILY RELIANT YOU PUT ON THE COMPREHENSIVENESS, ACCURATENESS, OR PRESENCE OF ANY ADVERTS, OR AS A OUTCOME OF ANY RELATIONSHIP OR PAYMENT BETWEEN YOU AND ANY ADVERTISER OR SPONSOR FOR WHOM THE ADVERTS WOULD SEEM ON THE SERVICE, ANY CHANGES WE MAY END UP MAKING TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY ABSTINENCE IN THE PROVIDING (OR ANY FEATURES WITHIN THE SERVICES) C) THE DELETION, CORRUPTION, OR FAILURE TO STORE ANY CONTENT OR OTHER COMMUNICATIONS DATA RETAINED OR TRANSMISSION BY OR THROUGH THE SERVICES; YOUR FAILURE TO GIVE US WITH CORRECT ACCOUNT INFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS IN REVENUE, BUSINESS DEFICIT, LOSS OF GOODWILL OR REPUTATION OF THE BUSINESS, BUSINESS DISRUPTION, OR LOSS OF BUSINESS POTENTIAL.

WE WILL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE PREVENTED BY FOLLOWING OUR ADVICE TO APPLY A FREE UPDATE, OR FOR ANY DAMAGE CAUSED BY YOUR FAILURE TO FOLLOW INSTALLATION GUIDELINES OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

YOU WILL BE LIABLE FOR ANY MOBILE CHARGES ASSOCIATED WITH YOUR USE OF OUR SERVICE, INCLUDING TEXT MESSAGING AND DATA CHARGES.

TO THE HIGHLY MAGNIFIED PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY EMERGENCE OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF INSTANCE AND WITHOUT RESTRICTION, ANY CARRIER, COPYRIGHT HOLDER, OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY

14. INDEMNITY

YOU AGREE TO INDEMNIFY, PROTECT, AND HOLD INOFFENSIVE US, OUR ASSOCIATES, LICENSORS, DISTRIBUTORS, AGENTS, LEGISLATORS, AND OTHER AUTHORIZED USERS/PATIENTS/PRACTITIONERS FROM AND ALSO AGAINST ANY AND ALL DAMAGES, IMPACTS, OBLIGATIONS, AND COSTS ARISING FROM OR IN CONNECTION.

NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER INDIA'S APPLICABLE LAWS. THESE TERMS OF USE HAVE NO EFFECT ON YOUR STATUTORY RIGHTS AS A USER.

15. COMMONLY ASKED QUESTIONS ("FAQ")

We also publish Frequently Asked Questions (FAQ) on the Platform in which We address some frequent questions that You, as a User, may have while accessing the Platform and using Our Services.

16. MECHANISM OF GRIEVANCE REDRESSAL

Any complaints, abuse, or concerns regarding the use, processing, and disclosure of Information submitted by You, or any violation of these Terms of Use or any relevant legislation, shall be immediately reported to the authorised Grievance Officer listed below:

17. MAJEURE FORCE

We shall be reassured of all obligations, if any, in the event of a failure to perform caused directly or indirectly by an act of unforeseen circumstances or causes further than our proper control, such as, with no limitation, acts of God, war, hardware and equipment problems, electrical energy failures or variances, did strike, labor issues, riots, social unrest, scarcities of labor and raw materials, epidemics, pandemics, lockdown (state-wide or nation-wide), nativity, natural disasters,orders of local or international courts or tribunals, failure of third parties to execute, or any other reason beyond Our reasonable control You also acknowledge and agree that We are not responsible or liable for any incompatibility between the Platform and any other website, service, software, or hardware, or for any delays or failures in transmitting or transacting on the Platform in an accurate or timely manner.

18. GENERAL

All notices must be sent to Us through email or to You at the email or postal address you supply.

Any waiver of Our rights or remedies under these Terms of Use will be effective only if it is in writing, signed by Our duly authorised representative, and applies only to the circumstances for which it is given. Our omission to exercise or enforce any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy, nor does it preclude future assertion or enforcement of that right or remedy.

No single or partial exercise of any right or remedy precludes or limits the later exercise of that right or remedy or other rights or remedies.

This Terms of Use, together with Our Privacy Policies, which are incorporated herein by reference, comprise the parties' entire agreement with respect to the subject matter.

The clause titles in these Terms of Service are provided for convenience only and have no legal or contractual significance. The terms "including" and "including" signify "without limitation."

The provision(s) of these Terms of Service shall be interpreted in accordance with each other, as well as applicable Laws (including applicable laws depending on the User's jurisdiction), and shall be enforced to the utmost degree permitted under applicable Laws. Furthermore, the provisions in these Terms of Service are enforceable independently of one another, and their validity is unaffected if any other provision(s) is found to be invalid.

The clause titles in these Terms of Service are provided for convenience only and have no legal or contractual significance. The terms "including" and "including" signify "without limitation."

The provision(s) of these Terms of Service shall be interpreted in accordance with each other, as well as applicable Laws (including applicable laws depending on the User's jurisdiction), and shall be enforced to the utmost degree permitted under applicable Laws. Furthermore, the provisions in these Terms of Service are enforceable independently of one another, and their validity is unaffected if any other provision(s) is found to be invalid.

You confirm that You do not have a relationship with Us as an employee, contractor, agent, or partner. We are simply providing You with the Services based on your request. Furthermore, You are acting on Your own behalf or on behalf of another person in the manner specified in the Terms of Use.

These Terms of Use, as well as any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims), shall be governed and construed in accordance with Indian Law. You agree that the courts of Chennai, Tamil Nadu, will have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms of Use.