Terms of Services
These terms of service are entered into by and between You (“you” or “your” or “User”) and DataRishi Private Limited ("Company," "we," "our," or "us" or “Datamuni”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively "Terms of Service"), govern your access to and use of https://datamuni.ai, including any content, functionality, and services offered on or through https://datamuni.ai website and the mobile application (the "Platform").
Please read the Terms of Service carefully before you start to use the Platform.
By using the Platform [or by clicking to accept or agree to the Terms of Service when this option is made available to you], you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at www.datamuni.ai/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the Platform.
If you are accessing the Platform on behalf of any entity you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and, by accepting these Terms, you are hereby binding such entity to the Terms.
Creating a Datamuni Account:
In order to access certain features of the Datamuni Platform, you may need to create an account (a “Datamuni Account”). You must be at least eighteen (18) years old to have a Datamuni Account and not live in an area in which use of the Platform is prohibited by applicable law.
User Obligations:
When creating a Datamuni Account, you must provide current, accurate, and complete information as requested by Datamuni. You are responsible for keeping the details of your Datamuni Account current and you are solely responsible to maintain the confidentiality over such details, including your password and account credentials. You also assume all liabilities and responsibilities for activities that occur under your Datamuni Account. You may not permit another party to access your Datamuni Account or assign your Datamuni Account to another party. Further, you are solely responsible for your use of the Paltform and your computer, internet and data security.
Contributions:
If you have a Datamuni Account, you may be able to upload information on the Platform such as comments, ideas or suggestions for new or improved software products, technologies, marketing/advertising campaigns or product names, data, articles, documents, discussion forum threads, blog entries, computer code, such as software sample code, source code, scripts, patches, bug fixes, binaries or executables, or other data, material or information (individually and collectively "Contributions"). You represent and warrant that you have all rights to make Contributions available on the applicable Datamuni Platform, and, therefore, you grant to Datamuni, and its agents, licensees, and assigns, a perpetual, worldwide, non-exclusive, sublicensable, transferable, no-charge, royalty-free, irrevocable license to use, reproduce, modify, distribute, display, perform and otherwise fully exploit such Contributions for any and all purposes. Contributions are completely voluntary and are not confidential. Do not upload any Contribution which contains sensitive, personal, or otherwise confidential data of yours or any third party, such as your employer or customers. Datamuni is not a data processor of such data and the Platform shall not be used to store such data content. Datamuni reserves the right to remove at any time, without notice, any Contribution for any or no reason. However, Datamuni has no obligation to monitor or remove Contributions, and Datamuni assumes no responsibility or liability for Contributions shared on the Platform. Datamuni does not endorse or represent it has verified the credibility of any Contributions, including any hyperlinks provided within Contributions. You are solely responsible for any actions you may take based on Contributions, information, or advice you receive through the Platform.
Conduct:
You may use the Platform for lawful purposes and in accordance with these Terms of Service. Therefore, you must abide by the following guidelines at all times and You agree to:
- Not engage in any unlawful and/or offensive conduct on the Platform. In particular, do not post, publish, or distribute any defamatory, obscene, infringing or other unlawful material or information on the Platform.
- Not violate any applicable law or regulation.
- Not to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
- Not to engage in any conduct that resricts or inhibts anyone’s use or enjoyment of the Platform, or which determined by us, may harm the Company or other users, or expose them to any sort of liability.
- Not use the Platform in any manner that could disable, overnurden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real-time activities through the Platform.
- Not use to robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Not to use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressely authorized in these Terms of the Service, without our prior written consent.
- Not engage in personal attacks, trolling, or any type of "flaming" of other users.
- Not engage in disruptive, non-constructive activity on the Platform, such as persistent off-topic contributions.
- Not attempt to incite or assist other users to violate these Terms.
- Not contribute content that you do not have the rights to share on the Platform.
- Not post any instructions, software or other materials that would allow participants or third parties to harm other users' computers or to inappropriately access software or websites.
- Not use the Platform to transmit any computer programs that contain destructive features, such as viruses, worms, time bombs, Trojan horses, or other harmful components.
- Not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.
- Not impersonate any other person than yourself, or falsely represent your credentials.
- Not use the Platform to spam other users, including sending identical and irrelevant submissions to many different discussion groups, mailing lists or communities.
- Not misrepresent the source of anything you contribute. Not distribute or otherwise publish any content containing a solicitation of funds, promotion, or advertisement for yourself, your business, or others.
- Not solicit other users of the Platform to use or join or become members of any other service, group, or organization.
- Not rely on the Paltform for the safe and secure storage of any materials. Platform is not designed as the primary place to store any of these materials, and Datamuni is not responsible for the alteration, deletion or loss of any stored items. Create back-ups for any materials that you contribute to the Platform.
General:
Violations. If you breach these Terms, whether or not Datamuni is aware of such breach, your authorization to use the Platform automatically terminates. Upon such termination, you shall immediately (i) delete your Datamuni Account, (ii) stop accessing the Platform, and (iii) destroy any material you obtained or derived from the Platform. You shall only be permitted to re-access the Platform upon Datamuni’s written permission. Modification by Datamuni. We reserve the right to modify, limit, suspend, or terminate the Platform, and/or these Terms, at our sole discretion and without notice. Datamuni may, but is not obligated to, notify you of such changes. You should periodically check these Terms for any modification. Your continued use of any part of the Platform after Datamuni posts such changes to the Terms (regardless of whether Datamuni has specifically notified you of such changes) shall indicate your agreement to be bound by the revised Terms. Datamuni will not be liable to you or any third-party for any claims or actions arising or resulting from your use, visit, or participation in the Platform and for any modification, suspension, or termination of the Platform, the Terms, and/or your Datamuni Account. Void Where Prohibited. These Terms are void where prohibited by law and the right to access the Platform is revoked in such jurisdictions. You agree that if you become resident in such a jurisdiction, you will immediately cease all use and access of the Platform. Waiver. Datamuni may only waive its rights or your obligations in writing. Datamuni’s failure to notice your breach of these Terms or failure to enforce or insist upon your obligations set herein shall not be construed as a waiver of rights or obligations.
Third Party Web Sites, Content, Products and Services:
The Platform may contain products, services, materials, hyperlinks, and other content from third parties (collectively "Third Party Content"). These links are available through the Platform merely as a convenience, for informational purposes and the inclusion of such links does not constitute or imply any endorsement or recommendation. You agree that Datamuni is not responsible for the availability of any Third Party Content. You should refer to the applicable terms posted on Third Party Content websites before you use them. You understand that you bear all risks associated with the access to and use of such Third Party Content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Datamuni is not responsible for: (a) the quality of third party products or services; or (b) fulfilling any of the terms of your agreement with any third party seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Datamuni is not responsible for any loss or damage of any sort you may incur arising from Third Party Content.
Disclaimer:
DATAMUNI HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. THE PLATFORM AND ALL THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DATAMUNI AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DATAMUNI AND ITS SUPPLIERS MAKES NO WARRANTY THAT THE PLATFORM AND ITS CONTENTS (I) WILL MEET YOUR REQUIREMENTS, (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, (III) WILL PROVIDE ACCURATE, COMPLETE, OR RELIABLE RESULTS, OR (IV) WILL MEET YOUR EXPECTATIONS. ANY PLATFORM CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR SOLE DISCRETION AND RISK. DATAMUNI AND ITS SUPPLIERS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE(S) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTRIBUTIONS AND/OR THIRD PARTY CONTENT.
Limitation of Liability:
IN NO EVENT SHALL DATAMUNI OR ANY OF ITS SUPPLIERS, PARTNERS OR AFFILIATES BE LIABLE FOR ANY DAMAGES INCURRED BY YOU OR ANY THIRD PARTY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM (A)YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE PLATFORM OR ANY CONTENT ON THE PLATFORM; (B) YOUR RELIANCE UPON ANY PLATFORM CONTENT, (C) DATAMUNI’S TERMINATION OR SUSPENSION OF YOUR ACCESS TO ALL OR ANY PART OF THE PLATFORM, (D) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (E) FOR ANY MATTER BEYOND THE CONTROL OF DATAMUNI WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DATAMUNI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DATAMUNI’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR YOUR USE OF CONTRIBUTIONS, AND OTHER DATAMUNI ACCOUNT SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OR WARRANTY OR OTHERWISE), WILL NOT EXCEED ONE HUNDRED INDIAN RUPEES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY DATAMUNI PARTY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF DURATION OF SUCH WARRANTY AND THE EXTENT OF THE DATAMUNI PARTY'S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
Indemnification:
If Datamuni and/or its subsidiaries, affiliates, directors, officers, agents, and employees should incur any third party claims arising out of or in any way related to (a) your breach of these Terms, (b) your use of the Platform, or (c) your Contributions or anything you upload or make accessible through the Platform, you agree to indemnify, defend, and hold harmless Datamuni and its subsidiaries, affiliates, directors, officers, agents, and employees from any such liability, and from all loss, claims, costs, demands, debts and causes of action in connection therewith, including reasonable attorney's fees and expenses.
Privacy Notices:
Any personal information processed by Datamuni about you from your use of the Platform is governed by the Datamuni Privacy Policy.
Applicable Law; Dispute Resolution:
These Terms of Service shall be governed by and construed in accordance with the laws of India and any dispute, controversy or claim arising out of or in connection with these Terms of Service or the breach, termination or invalidity thereof, shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and any amendments thereof. Such dispute or difference shall be referred to a sole arbitrator mutually appointed by the Parties or, upon the failure of the Parties to agree upon a sole arbitrator, a sole arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Bangalore, India and all arbitral proceedings shall be conducted in English. Notwithstanding anything contained herein, Datamuni would be entitled to obtain an ex-parte interim injunction order(s) restraining the other party to prevent any loss/anticipated loss either in material terms or in terms of Intellectual Property or causing damage/loss/harm to reputation/goodwill of Datamuni, its representatives, associates or permitted assigns.
Copyright Policy:
You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. Datamuni may terminate the Datamuni Account, deny access to a site or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another.
Intellectual Property
The Platform and its entire content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Service permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows: Your computer may temporarily store copies of such material incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not: Modify copies of any materials from this site. Delete or alter any of the copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Service, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Grievance Redressal Mechanism
In case a User has any complaints or grievance pertaining to (i) any Content that a User believes violates these Terms (other than an infringement of Intellectual Property Rights), (ii) Users’ access to the Platform or (iii) any Content which a User believes is, prima facie, in the nature of any material which is obscene, defamatory towards the complainant or any person on whose behalf such User is making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to: admin@datamuni.ai. In the complaint or grievance, the User shall include the following information: Name and contact details: name, address, contact number and email address Relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person The name and age of the person aggrieved or affected by the subject matter of the complaint, in case the User is acting on behalf of such person and a statement that the User is authorised to act on behalf of such person and to provide such person‘s personal information to Probo in relation to the complaint/grievance Description of the complaint or grievance with clear identification of the Content in relation to which such complaint or grievance is made A statement that the User believes, in good faith, that the Content violates these Terms of Service A statement that the information provided in the complaint or grievance is accurate. Datamuni respects the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners. Users are requested to send Datamuni a written notice/ intimation if Users notice any act of infringement on the Platform, which must include the following information: A clear identification of the copyrighted work allegedly infringed; A clear identification of the allegedly infringing material on the Platform; Contact details: name, address, e-mail address and phone number; A statement that the User believes, in good faith, that the use of the copyrighted material allegedly infringed on the Platform is not authorized by the User’s agent or the law; A statement that the information provided in the notice is accurate and that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; User’s signature or a signature of the User’s authorized agent. The aforesaid notices can be sent to the Company by email at: admin@datamuni.ai. On receiving such a complaint, grievance or notice, Datamuni reserves the right to investigate and/or take such action as Datamuni may deem appropriate. Datamuni may reach out to the User to seek further clarification or assistance with the investigation, or verify the statements made in the complaint, grievance or notice, and the User acknowledges that timely assistance with the investigation would facilitate the redressal of the same. The name and title of the Grievance Redressal Officer is as follows: Name: Sabyasachi Haldar, Email: admin@datamuni.ai, Address: 8th Floor, Paras Downtown, Golf Course Road, Sector 53, Gurugram 122002, Haryana, India. The Grievance Officer identified above pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the Rules enacted under those laws. The Company reserves the right to replace the Grievance Redressal Officer at its discretion through publication of the name and title of such replacement on the Platform, which replacement shall come into effect immediately upon publication.