Terms of Use

Axonwise Private Limited – Terms of Use

Updated on: 21st August, 2024

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This terms of use (“Terms of Use”) govern your use of our website https://www.sarvam.ai/ (“Platform”) and product offered through the Platform (hereinafter collectively referred to as “Offerings”) which are owned, controlled and operated by Axonwise Private Limited, a company incorporated under the laws of India, and having its registered office at Villa O-81, Chaitanya Smaran, White Field Hosakote Main Road, Bangalore, Rural Karnataka – 560 067 (“Company” or “Sarvam”).

By accessing or using either or both the Offerings, you signify that you have read, understood and agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, please do not access and/or use the Offerings.
These Terms of Use will be treated as an ‘electronic record’ as defined under the Information Technology Act, 2000 and the rules made thereunder (as modified from time to time). Further, these Terms of Use are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. You hereby explicitly acknowledge that this electronic record is generated by a computer system and does not require any physical or digital signatures.
For the purposes of these Terms of Use, “we”, “our” and “us” shall mean the Company and “you” and “your”, shall mean a user of the Offerings, whether registered or not (“User”).

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PERMITTED USERS

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You represent and warrant that you have the legal capacity and authority to agree to and accept these Terms of Use on behalf of yourself and any person you purport to represent, being either a company, partnership firm, sole proprietorship or any other organisation, and access the Offerings on its behalf as a result of being duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity.
You shall not access and/or use the Offerings if you are not competent to contract under the applicable laws, rules and regulations.

Persons below the age of 18 (eighteen) years shall use the Service only under strict guidance and supervision of their parents/guardians.

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ACCESS

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Subject to the terms hereof, Sarvam grants you permission to use the Offerings as set forth in this Terms of Use, provided that: (i) you will not copy or distribute, any part of the Offerings in any medium or in any manner whatsoever without Sarvam’s explicit authorisation in this regard; (ii) you will not alter or modify any part of the Offerings; and (iii) you will comply with the these Terms of Use.

In order to access and use the Product, you will need to register on the Platform and create a “User” account. Your account gives you access to the Product and its functionality that we may establish and maintain from time to time and in our sole discretion on the Platform.

You must provide your full legal name, valid email address and any other information requested from you, from time to time, in order to complete the registration process and be entitled to use the Product. The Company is not under any obligation to verify the actual identity or authority of the User.

Upon completing the registration process, you will be provided with a user identification code, password, or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you will exit/log out from your account at the end of each session. You are solely responsible and liable for any use and misuse of your identification and password and for all activities that occur under your login name and password.

By completing the registration process, you warrant that: (a) all the data provided by you is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto by regularly updating such information; (c) you affirm that you fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with this Terms of Use; and (d) you are eligible in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Product under applicable laws.

You are responsible for making all arrangements necessary for you to have access to the Offerings. You are also responsible for ensuring that any persons who use the Product through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to the Company for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.

We have the right to disable any User identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use. You will immediately notify Sarvam of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to [insert details of the grievance officer].

You must respond promptly to all email and other correspondence from the Company, including without limitation email and correspondence concerning complaints or concerns regarding your use of your identification code or password or your use of the Product.

You acknowledge and agree that the security and privacy provided by passwords is not complete and can be circumvented in addition to the use of your password being at your own risk. Sarvam shall not be liable for any injury, damage or other consequence, arising out of any inaccuracy in the information provided by for the purpose of availing the Product.

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FEES AND PAYMENT

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The Company shall charge you fees for your use of the Product (“Fees”). The Company may, at its discretion, modify the Fees from time to time. In the event the Company increases the Fees, we may give you at least 30 (thirty) days’ notice and such increase in the Fees will be applicable on your next renewal.

Subsequent to payment of the Fees, you may choose not use the Offerings. However, even under such circumstances, any and all Fees paid by you to the Company shall be non-refundable.

You agree and understand that you will be redirected to third-party payment gateway websites in order to avail the Product. You agree, understand and confirm that the debit card/credit card/net banking/payment wallet details provided by you will be correct and accurate, and you shall not use any debit card/credit card/net banking/payment wallet account which you are unauthorized to lawfully use.

You agree to fully cooperate with us in an effort to resolve any problems we encounter while processing your requested order. We will not have the obligation to provide the Product in the event the payment transaction fails, and the appropriate amount is not duly received.

It is hereby clarified that the Company is only a facilitator in the process of payment, and we are not capturing any credit card/debit card/net banking /payment wallet details of any User. Further the said information will not be utilized and shared by us

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OWNERSHIP OF THE OFFERINGS

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You agree and acknowledge that the Company has the worldwide ownership of the software code, models, training methodology, process flows, products of training, proprietary technology, technical know-how, software tools, controls, designs, algorithms, analyses, class libraries, text, objects, documentation, and anything in relation to the Offerings and all the trademarks, copyright and any other intellectual property rights of any nature in the Offerings.

Subject to these Terms of Use, you may access and/or avail of the Offerings, for your requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit any intellectual property rights associated with the Offerings features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to use such intellectual property rights for purposes other than your user related requirements, you may contact us in the manner provided for herein.

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USE OF THE OFFERINGS

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The Offerings are made available to you for your lawful use only. As a condition of your use/access of the Offerings, you represent and warrant to the Company that you will not use/access the Offerings for any purpose that is unlawful, illegal and/or prohibited by these terms, conditions and notices. You shall not use the Offerings in any manner that could damage, disable, overburden, or impair any server, any network(s) connected to any Sarvam’s server, or interfere with any other party's use and enjoyment of the Offerings.

Your use of the Offerings must: (i) be in accordance with these Terms of Use; (ii) be lawful and must comply with all applicable domestic and foreign laws, regulations, rules and policies; (iii) be only for purposes that are consistent with the spirit and intended purpose of the Offerings; (iv) not infringe the legal rights of any other person, including but not limited to intellectual property rights, proprietary rights, privacy, publicity and personality rights; (v) not be used with any action, device, software or routine that could directly or indirectly, interfere (or attempt to interfere) with the proper working of the Offerings.

You may not be able to access or use the Offerings during: (a) planned downtime for upgrades and maintenance to the Product (of which we will use commercially reasonable efforts to notify you in advance (“Planned Downtime”); or (b) during any unavailability caused by circumstances beyond our reasonable control, such as, any events of force majeure.

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UNAUTHORISED USE

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As a User, you agree not to:

access or using the Offerings in a manner that violates any applicable laws, regulations, or third-party rights;
attempt to gain unauthorized access to other user accounts, systems, or networks associated with the Offerings;

interfere with or disrupt the normal operation of the Offerings, its servers, or networks.
engage in any activity that could harm, disable, overburden, or impair the functionality or security of the Offerings;
modify, reverse engineer, decompile, or disassemble the Offerings or any part thereof.
create any derivative works based on the Offerings without prior written consent from the Company;
use the Offerings for any commercial purposes without obtaining explicit permission from the Company;
circumvent or attempt to circumvent any security measures or technological restrictions implemented by the Company;
upload, input, publish, transmit, store, update or share any information that is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Input;
harvest, collect or store personal information or data of other Users;
do any act that threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
upload/transmit any data which is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
use the Offerings in any manner that damages, disables, overburdens, or impairs or interferes with any other party's use of the Offerings;
attempt to gain unauthorized access to the Product;
use the Product to transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
use the Product to store or transmit malicious code;
remove, from the Offerings, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Offerings; and
use the Product or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content.

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USER CONTENT

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While using the Product, you may provide various forms of inputs, such as text, image, voice or other form of data input ("Input"). You represent and warrant that you have all necessary rights and authority to provide the Input and that it does not violate the intellectual property rights or other rights of any third party.

Once the Product receives your Inputs, it will generate content, results, or other output, in the form of text, voice etc ("Output"), using certain algorithms and processes (both Input and Output shall be collectively referred to as the “Content”).

You agree and acknowledge that the Content shall be owned by you. To the extent possible and permissible by law, the Company hereby assigns to you, the use all intellectual property rights in and associated with the Output.

You must ensure that the Content uploaded, posted, entered, shared or submitted by you:

- is not in violation of any laws;
- is not in violation of anyone's copyright or intellectual property rights; and
- is not vindictive of or targets any person individually or personally on the Product.

In light of the nature of the Product’s algorithms and the potential for similar inputs, it is possible that the Output generated for different Users may be the same or similar. In such cases each User agrees and acknowledges that the Company shall not be liable for any coincidental similarity between Outputs generated for different users.

The Company reserves the right to use the Content to train, improve, and further develop the Product. The User explicitly consents to the use of their Input and Output for these purposes. If the User wishes to deny such consent, they may do so in accordance with the Privacy Policy. However, in such cases, the User's access to certain Offerings may be restricted or denied as a result.

You understand and agree that we have absolute discretion to refuse to upload, delete, respond and/or amend any Input, including without limitation so as, in its sole opinion, to comply with applicable law and/or moral obligations as placed on the Product and in order to avoid infringing any third party’s rights and/or any other rules and/or standards and/or codes of practices that may be applicable to the content or without cause, and without notice to you. This shall be without prejudice to the Company’s right to take recourse to such legal proceedings as may be available to the Company, if the Company finds that you have uploaded or utilized any such content in violation of these Terms of Use.

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PRIVACY POLICY

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Access to and use of the Offerings is also subject to the Company’s privacy policy, available at https://www.sarvam.ai/privacy-policy (“Privacy Policy”). We respect your privacy. The Company will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others. In line with our Privacy Policy, we may collect certain information automatically, including, but not limited to, the type of mobile device or browser you use, your mobile device’s unique device ID, the IP address of your mobile device or browser, your mobile or desktop/laptop/tablet operating system, the type of mobile internet browsers you use, and information about the way you use the Offerings. As is true of most mobile applications, we also collect other relevant information as per the permissions that you provide.

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RIGHTS RESERVED BY THE COMPANY

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The Company has the right to investigate and prosecute any violations of the Terms of Use and the Privacy Policy and the conditions therein to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate these terms and conditions.

In the event you delete your Account with the Company, the Company will delete all such data as are required to be deleted subject to applicable laws.

Our performance as per these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Offerings.

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THIRD PARTY PRODUCTS

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The Product may include other third-party software and/or applications (“Third Party Products”). The Third-Party Products are not under the control of the Company and the Company has no responsibility or liability for any Third-Party Products, its contents, business, products and services, including without limitation any link contained in a Third-Party Product, or any changes or updates to a Third-Party Product.

As part of your usage of the Product, you may have access to certain Open-Source Software (as defined below). The Company has rights to permit your use of such software as envisaged under these Terms of Use. You can derive access to the licenses governing such Open Source Software by sending an email to “contact@sarvam.ai”. In the event of any conflict between these Terms of Use the license terms of any Open Source Software, the latter shall prevail. If for any reason, the Company ceases to have rights to use such Open Source Software or if the Company deems it appropriate, the Company will substitute such software with functionally equivalent software. For the purposes hereof, the term “Open Source Software means open source software as defined by the Open Source Initiative (http://opensource.org) or the Free Software Foundation (http://www.fsf.org) that is made available to you as part of our Offerings, under license terms applicable to such software.

You are hereby granted rights to use such Third-Party Products, subject to all other limitations and conditions herein. The Company reserves the right to replace such Third-Party Products with substantially similar products. All license restrictions, intellectual property protections, disclaimers and limitations herein shall apply to the Third-Party Products. These Terms of Use do not grant any rights to copy, reproduce, modify, or distribute such Third-Party Products provided with the Product.

You shall not make any claim against the Company arising out of or in connection with your use of the Third-Party Products or your dealings with the owners or operators of any of the Third-Party Products.

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INDEMNITY

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• You agree to indemnify, defend and hold harmless the Company and all other persons related to, associated or connected with the Company, from and against any and all liabilities, losses, damages, costs and expenses, including without limitation, legal fees, incurred by the Company or such other person in connection with any claim, demand or other action arising out of, related to, or connected with your use of the Offerings, or your breach of these Terms of Use. This indemnification obligation will survive these Terms of Use.

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LIMITATION OF LIABILITY

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ACCESS TO THESE OFFERINGS, INCLUDING FEATURES OF THE PRODUCT ARE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. THE COMPANY EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF THE CONTENT. YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND THAT THE COMPANY RESERVES THE RIGHT TO TERMINATE YOUR RIGHT TO ACCESS AND AVAIL OF THE OFFERINGS IMMEDIATELY, WITHOUT PREJUDICE TO INITIATING PROCEEDINGS UNDER THE RELEVANT PENAL PROVISIONS UNDER THE INDIAN INFORMATION TECHNOLOGY ACT, 2000 OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY THAT MAY HAVE JURISDICTION OR BE AUTHORIZED TO DO SO IN THIS REGARD FROM TIME TO TIME.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THE OFFERINGS, ITS FEATURES AND FACILITIES OR FOR INTERRUPTED COMMUNICATIONS, DELAY, ETC., OR INABILITY TO USE THE OFFERINGS, THE PROVISION OF OR FAILURE TO PROVIDE THE FEATURES AND FACILITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PRODUCT, OR ANY OTHER SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS CLAUSE SHALL SURVIVE IN PERPETUITY.

IN ANY CASE, THE USER ACKNOWLEDGES AND AGREES THAT OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID FOR AVAILING THE PRODUCT DURING THE 12 MONTHS IMMEDIATELY PRIOR TO THE DATE THE LIABILITY AROSE OR INR [•] (INDIAN RUPEES [•]). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

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DISCLAIMER

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You agree that you are availing of the features and facilities at your own risk. The Offerings are provided on an "AS IS" basis. The Company 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.

The Company makes no warranty that the features and facilities shall meet your requirements, that the Offerings shall be uninterrupted and/or timely and/or secure and/or error free; nor does the Company make any warranty as to the results that may be obtained from the use of the features and facilities or as to the accuracy or reliability of any information obtained from the features and facilities.

There are no representations and warranties, whether express or implied, made by the Company regarding the accuracy and/or quality of any information including but not limited to the Output obtained through the use of the Product.

The Company does not make any warranties or guarantee as to the functionality and experience of its Offerings as the functionality of the same depend on various factors, including but not limited to the device being used by the User, the browser, etc. which is beyond the Company’s control.

You shall ensure that while using the features and facilities of the Offerings, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied by you and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by you.

The Company does not warrant that the Offerings be free of any operational hazards or errors or that it will be free of any virus or/and worm or/and any other harmful components.

The Company does not warrant or guarantee that the Offerings will be continuously secure. Security and privacy risks cannot be completely eliminated, and the Company disclaims any and all liability in connection therewith.

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OUTPUT RELATED DISCLAIMERS

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The Output generated by the Product is based on algorithms and automated processes and is therefore intended for informational purposes only and does not constitute professional advice. The Output may not always accurately reflect real-world scenarios, facts, or circumstances. The Company does not guarantee the correctness, reliability, or accuracy of the Output. You acknowledge that you may encounter content that you find objectionable or offensive.

You should not solely rely on the Output for any decision-making. It is your responsibility to independently verify any information obtained from the Product and to consult with qualified professionals before making any decisions or taking any actions that could affect your health, financial status, legal rights, education, or any other important aspect of your life.

The Company shall not be liable for any loss or damage, including but not limited to indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Output. You hereby waive any claim against the Company for any damages, losses, or liabilities arising out of or in connection with the use of the Output, including but not limited to those resulting from reliance on the Output for making critical decisions.

Any reference to third-party products, services, or information does not constitute an endorsement or recommendation by the Company. You are solely responsible for evaluating any third-party offerings.

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SECURITY

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• The Company has implemented the necessary technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, the Company cannot guarantee that unauthorized third parties will never be able to overcome such measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

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TERMINATION

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The Company may, at any time, in its sole discretion, cease to provide the Offerings to any User.

The Company may, in its sole discretion: (i) without cause, suspend or terminate your Account and your access to the Offerings without any notice or liability to you or any other person; and/or (ii) immediately suspend or terminate your User account and your access to the Offerings if you violate or otherwise fail to comply with these Terms of Use. Upon any suspension or termination: (i) the Company may, subject to applicable law, retain or delete, in its sole discretion, any information or content that you previously submitted in relation to the Offerings; and (ii) you will not and not attempt to create another User account for accessing and using the Offerings without the written consent of the Company.

You acknowledge and agree that the Company shall have no liability to you or any other Users of the Offerings in the event the Company takes any of the aforesaid actions.

Notwithstanding the termination of these Terms of Use, you shall continue to be bound by these Terms of Use in respect of your prior use of the Offerings and all matters connected with, relating to or arising from such use.

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FORCE MAJEURE

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The Company shall not be liable to the User for failure or delay in the performance of the Offerings for the time and to the extent such failure or delay is caused by force majeure, or reasons beyond the reasonable control of the Company.

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AMENDMENTS

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While the Company strives to provide the Offerings of the highest standard, unforeseen circumstances may take place thereby causing the Company to make changes without notice. The Company reserves the right to amend, change and/or modify the terms of these Terms of Use at any time and from time to time in its sole discretion. Such amendments and modifications shall be effective immediately upon posting of the amended/modified agreement on the Product. You agree to review these Terms of Use periodically to be aware of such amendments/modifications and your continued access and/or use of the Product shall be deemed your conclusive acceptance of the amended/modified agreement.

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ASSIGNMENT

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You may not assign or transfer any rights, obligations, or privileges that you have under these Terms of Use. Subject to the foregoing, these Terms of Use will be binding on your successors or permitted assigns. Any assignment or transfer in violation of this clause will be deemed null and void. However, the Company shall have the right to assign its rights and obligations under these Terms of Use to any third-party.

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AGENCY

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Nothing in these Terms of Use is intended to or creates any type of joint venture, employee-employer, partnership, or any fiduciary relationship between you or and the Company. Further, except as expressly provided: (i) neither you nor the Company shall be deemed to be an agent or representative of the other by virtue of these Terms of Use; (ii) neither you nor the Company is authorized to, or will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other; and (iii) without limiting the generality of the foregoing, neither you nor the Company will enter into any contract, agreement, or other commitment, make any warranty or guaranty, or incur any obligation or liability in the name or otherwise on behalf of the other.

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GOVERNING LAW AND JURISDICTION

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These Terms of Use shall be governed in all respects by the laws of India without giving effect to any conflicts of law principles that may require the application of the law of a different state or country.

Any action arising from or relating to these Terms of Use must be brought in a competent court of law situated at Bengaluru, India. The Company’s performance as per these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the Company’s obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Offerings.

You agree to resolve disputes only on an individual basis, pursuant to the provisions of these Terms of Use. You hereby expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, or any other proceeding in which You or any User acts or proposes to act in a representative capacity.

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ELECTRONIC COMMUNICATION

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By accepting these Terms of Use, you expressly grant your consent to receive notices and communication electronically from the Company unless expressly intimated to the Company otherwise. Communications shall be posted on the Product and all such communications will be deemed to be in "writing" and received by you when posted thereon. You are responsible for printing, storing, and maintaining your own records of such communications. All notices to the Company should be sent to the designated email address(es) provided for herein.

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MISCELLANEOUS PROVISIONS

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These Terms of Use constitute the entire agreement between the Company and the User with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings, agreements or communication, written or oral, regarding such subject matter.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck from these Terms of Use and the remaining provisions shall be enforced.

The Company’s failure to act with respect to a breach by you or others of these Terms of Use does not waive the Company’s right to act with respect to subsequent or similar breaches. Further, failure on the part of the Company to exercise or delay in exercising any right hereunder will not be deemed a waiver thereof, nor will any single or partial exercise preclude any further or other exercise of such or any other right.

If you should have any suggestions or questions regarding these Terms of Use, please contact the Company at contact@sarvam.ai.

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