Terms of Use Services

This Terms of Service Agreement ("Agreement") contains the terms and conditions that govern your access to and use of the Services (as defined below) and is an agreement between YugCorp Consultancy Private Limited (hereinafter "YugCorp") and you or the entity you represent (hereinafter, "User"). This Agreement takes effect from the time (hereinafter the "Effective Date") when you click the "I Accept" button or check box presented with these terms or, if earlier, when you use any of the Service Offerings. You represent to us that you are lawfully able to enter into contracts. If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.

1. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated as provided hereafter.
2. Termination for Convenience.
   The User may terminate this Agreement for any reason by providing us notice and closing your account for all Services for which we provide an account closing mechanism. YugCorp may terminate this Agreement for any reason by providing at least 30 days’ advance notice.
3. Termination for Cause.
   
   1. Either party may terminate this Agreement for cause if the other party is in breach of this Agreement and the breach remains uncured for a period of 30 days from receipt of notice by the other party.
   2. YugCorp may also terminate this Agreement immediately upon notice to you (A) if our relationship with a third-party partner who provides software or other technology, we use to provide the Services expires, terminates or requires us to change the way we provide the software or other technology as part of the Services, or (B) in order to comply with the law or requests of governmental entities.

1. "Platform" means the website and the mobile application and any other user interface developed by YugCorp for providing the Services.
2. "Services" means each of the services made available by us or our affiliates through the Platform developed by us, including those Services described in the Service Section of the website, However Services do not include Third-Party Content.
3. "Termination Date" means the effective date of termination provided in accordance with Clause 1.2. and 1.3., in a notice from one party to the other.

1. The User may access and use the Services in accordance with this Agreement. The User shall comply with the terms of this Agreement and all laws, rules, regulations and policies applicable to the use of the Services.
2. To access the Services, the User must create a user account associated with a valid email address and a valid form of payment along with all other required details. Unless explicitly permitted, the User will only create one account per email address.

1. YugCorp may change or discontinue any of the Services from time to time, subject to at least 15 days prior notice if YugCorp discontinues material functionality of Services that the User is using, except that this notice will not be required if the 15 days’ notice period
   (a) would pose a security or intellectual property issue to us or the Services,
   (b) is economically or technically burdensome, or
   (c) would cause us to violate legal requirements.
2. YugCorp may modify this Agreement (including any Policies) at any time by posting a revised version on the Platform or by otherwise giving notice in accordance with the provisions of this Agreement; provided, however, that YugCorp will provide at least 90 days’ advance notice for any adverse changes. Subject to the 90-day advance notice requirement with respect to adverse changes, the modified terms will become effective upon posting or, if we notify the User by email, as stated in the email message. By continuing to use the Service Offerings after the effective date of any modifications to this Agreement, the User agrees to be bound by the modified terms. It is the User’s responsibility to check regularly for modifications to this Agreement as informed by the means as stated in this clause.

1. YugCorp shall ensure implementation of reasonable and appropriate measures designed to secure the User’s content or data from unlawful loss, access or disclosure.
2. YugCorp will not access or use User’s content or data except as necessary to maintain or provide the Services, or as necessary to comply with the law or a binding order of a governmental body. Unless it would violate the law or a binding order of a governmental body, YugCorp will give notice of any legal requirement or order resulting in the access of User’s content or data.
3. Upon termination of this Agreement, the Parties shall immediately return or, if instructed, destroy all content or data in the Parties’ possession belonging to the other Party.
4. Any content or data not capable of being destroyed or returned shall be continued to be kept confidential and private even after the termination of this agreement.

1. Except to the extent caused by YugCorp’s breach of this Agreement,
   (a) the User is responsible for all activities that occur under its account, regardless of whether the activities are authorized by or undertaken by the User, their employees or a third party (including their contractors, agents or End Users), and
   (b) we and our affiliates are not responsible for unauthorized access to the account.
2. The User will ensure that the Content will not violate any of the Policies or any applicable law. the User is solely responsible for the development, content, operation, maintenance, and use of their Content.
3. The User is responsible for properly configuring and using the Services and otherwise taking appropriate action to secure, protect and backup their accounts and content in a manner that will provide appropriate security and protection, which might include use of encryption to protect from unauthorized access and routinely archiving the Content.
4. The log-in credentials and private keys generated by the Services are for the User’s internal use only and should not be sold, transferred or sublicensed to any other entity or person, except to agents and subcontractors performing work on User’s behalf.
5. Upon termination, you remain responsible for all fees and charges you incur during the period of use of the services.
6. It is the User’s responsibility to ensure that, it owns all right, title, and interest in and to the content and data and has all rights in the content and date necessary to grant the rights contemplated by this Agreement; and none of the content violates any third party’s rights.
7. Neither the User nor any of its affiliate shall use the Services in any manner or for any purpose other than as per the Agreement between the Parties.
   The User shall not attempt to
   (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Services,
   (b) reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Services,
   (c) access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas, or
   (d) resell or sublicense the Services.
   The User shall not misrepresent or embellish the relationship between the Parties (including by expressing or implying that we support, sponsor, endorse, or contribute to the User’s business endeavors). The User shall not imply any relationship or affiliation except as expressly permitted by this Agreement.

1. The User shall defend, indemnify, and hold harmless YugCorp and its affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any third-party claim concerning:
   (a) User's use of the Services (including any activities under the User’s account and use by its employees and personnel);
   (b) breach of this Agreement or violation of applicable law; or
   (c) a dispute between you and any third party.
   The User shall reimburse YugCorp for reasonable attorneys' fees, as well as for employees' and contractors' time and materials spent responding to any third party subpoena or other compulsory legal order or process associated with third party claims described in (a) through (c) above at our then-current hourly rates.
2. The Parties shall defend, indemnify, and hold harmless each other against any third-party claim alleging that any of the Party’s content or services infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement. A Party shall not be liable for this if they have provided reasonable prior notice for ceasing the use of services until such claim can be settled, changed or terminated.

1. YugCorp shall not be liable to the user for any indirect, incidental or exemplary damages (including damages for loss of profits, revenues, goodwill, opportunities or customers).
2. Further, YugCorp shall not be liable for any compensation, damages or liability arising out of
   (a) the User’s inability to use the Services in case of termination of the Agreement, any unanticipated, unscheduled or unavoidable downtime or unavailability of the services;
   (b) any costs incurred in procuring alternative services or goods;
   (c) any investment or expenditure made in connection with the Services or this Agreement; and
   (d) any unauthorized access, alteration, deletion, damage or loss of any content or data as a result of a third party’s conduct.
3. In any case the maximum liability for YugCorp under this Agreement shall not exceed the amount actually paid by the User for the Services that gave rise to the liability. This is subject to the maximum amount of liability permitted by applicable laws.