The Homework App is property of and operated by Infybytes AI Labs Private Limited, a private limited company registered under the Companies Act 2013, and having its registered office at Room no. 4 floor 1 Bhive Workspace (Office space & Coworking No.22) 15th Cross Road, Sector 4 HSR Layout Bangalore, Karnataka – 560102 (“Company”). By accessing or using https://www.thehomeworkapp.ai/ (“Site”), the mobile applications, including “Homework App” (“Application”), and any features, subdomains, content (including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames), functionality, products, services, media, applications, or solutions offered on or through the Site and/or the Application, and/or through any modes, medium, platform or format by the Company (collectively referred to as the (“Product”)), you signify that you have fully read, fully understood and unconditionally agree to be bound by these Terms and Conditions and any other rules, policies or guidelines published on the Product as applicable to you (“T&C”), and any Applicable Law. These T&C are an electronic record under Information Technology Act, 2000 and the rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. As used in these T&C, “Users” shall mean anyone who uses or accesses the Product on any computer, mobile phone, tablet, console or any other device (collectively, “Device”). Your continued use of the Product shall be constituted as your acceptance to the T&C, as revised from time to time. If you do not agree with these T&C, please do not access and use the Product. The Company reserves to block your access to the Product at any time, and without any reason

For the purposes of these T&C:

(a) “we”, “our” and “us” shall mean the Company and/or third-party service providers engaged by the Company to render certain services on the Product;

(a) “we”, “our” and “us” shall mean the Company and/or third-party service providers engaged by the Company to render certain services on the Product;

(c) “Age Requirement(s)” shall mean the attainment of at least 18 (eighteen) years of age to register and use the Product;

(d) “Applicable Law(s)” means all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye laws, regulations, notifications, guidelines, policies, directions, directives/orders of any government, statutory authority, tribunal, board or court in India, whether in effect as of the adoption of these T&C or thereafter; and

(e) any reference to “paragraph” shall mean the paragraphs under these T&C.

These T&C shall be read together with the privacy policy adopted by the Company, as may be amended or modified from time to time (“Privacy Policy”).

1. Terms and conditions subject to change

(a) We reserve the right to update or modify these T&C at any time without prior notice. Your access and use of the Product following any such change constitutes your agreement to follow and be bound by these T&C, as updated or modified from time-to-time, and the Company disclaims all liabilities. The Company will communicate any updates to these T&C to the Users on the email address registered with their Account (as defined below). However, we encourage you to review these T&C at reasonable intervals

(b) You agree to receive installations and updates to the Product from time to time as released by the Company. These updates are designed to improve, enhance, and further develop the Product and may take the form of bug fixes, enhanced functions, new software modules and completely new versions of the Product. You agree to receive such updates (and permit the Company to deliver these to you) as part of your use of the Product. It is clarified that (i) by registering your Account (as defined below) and/or by receiving such installs and updates you shall be signalling your agreement to these T&C in their then current form, (ii) the Company disclaims all liability from your use of a previous version or any other version, other than the current version of the Product.

2. Eligibility

(a) You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these T&C. You shall not access and use the Product if you are not competent to contract under the Indian Contract Act, 1872.

(b) If you represent a company or body corporate under Applicable Law, you shall be eligible to access the Product on its behalf only if (i) you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity, and (ii) you have fulfilled such additional eligibility requirements as the Company may require in connection therewith.

(c) If you do not fulfil the Age Requirement, you may use the Product with the consent of, and under the supervision of your parent or legal guardian (“Parent”). Accordingly, in such a case, the Parent must agree to these T&C at the time of registration on the Product. It is clarified that persons who do not fulfil the Age Requirement are not eligible to register on the Product by themselves. The Company reserves the right to terminate the Account and / or restrict access to the Product, if it is discovered that you do not meet the Age Requirement and/or the consent to register and use the Product has not been validly obtained from the Parent. You acknowledge that the Company does not have the responsibility to ensure that you conform to the Age Requirement. It shall be your sole responsibility to ensure that the required qualifications are fulfilled. By using the Product, you, through your actions, affirm that the Age Requirement is fulfilled.

3. Intellectual Property Policy

(a) The Product constitute ours and, if any, our licensor’s intellectual property. Unless expressly specified in these T&C, all intellectual property and derivative works generated from, or originating from the Product shall belong to the Company. Copyright laws in all applicable jurisdictions protect the Product.

(b) You may access and use the Product for your personal or internal requirements only. You are not entitled to, directly or indirectly, duplicate, distribute, create derivative works of, display, or commercially exploit the Product without our prior written permission of the Company. If you would like to request permission to commercially use the Product, you may contact us on care@octoapp.ai

(c) The Company and its licensors (if any) are the sole owners of the underlying software and source code associated with the Product and all the trademarks, copyright and any other intellectual property rights of any nature in the Product.

4. User Account, Passcode & Security

(a) As part of the registration process, you must create an account on the product (“Account”) and identify an administrative username and password for the same. The Company reserves the right to refuse registration of, or cancel such accounts and passwords on the Product as it deems inappropriate. You are responsible for maintaining the confidentiality of the passcode and your Account and are fully responsible for all activities that occur under your passcode or Account.

(b) You hereby acknowledge that the deletion of the Product from the Device does not constitute termination of your Account, and agree to undertake the process detailed herein in order to complete de-registration. If and when you are desirous of having your name and other details removed from the records of the Company, upon receiving your written request to that effect, we shall, subject to the Privacy Policy, remove and/delete all such information. The Company will comply with adhere to the provisions of the Privacy Policy when dealing with your information.

5. Customer Communications

(a) Accepting these T&C, implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Product. Automated messages may be played when the mobile/telephone is answered whether by you or someone else. If an agent or representative calls, they may also leave a message on your answering machine, voice mail, or send one via SMS.

You certify, warrant, and represent that the mobile/telephone numbers and/or email addresses and any other information that you have provided to us are your own and not someone else's and are true, accurate, current, and complete. You represent that you are permitted to receive calls at each of the mobile/telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to notify us whenever you stop using a particular mobile/telephone number(s) and/or email address (es).

6. User Obligations

(a) In consideration of the Company granting you the rights hereunder, you hereby agree not to use the Product for any purpose that is unlawful under any Applicable Laws and/or in violation of the terms of these T&C and the Privacy Policy. You shall not use the Product in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any of our servers, or interfere with any other party's use and enjoyment of the Product. You shall not attempt to gain unauthorized access to any functions and features, other User accounts, computer systems or networks connected to any of our servers, in any manner, including, through hacking, password mining or any other means. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms related to the Product, or any software, documentation or data related to the Product.

(b) The Product is made available to you for your own personal and non-commercial use alone. Neither shall you, nor shall you allow any third-party to: (i) make and/or distribute copies of, or any deliverable generated by, or any data or documentation related to the Product; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms related to the Product; and/or (iii) create derivative works of the Product.

(c) You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Product, including, without limitation, modems, hardware, servers, software, operating systems, networks, web servers and the like (collectively, “Equipment”). You agree that any and all operations associated with your Account and emanating from your Equipment, shall be assumed to have been initiated by you.

(d) In the event your Device is stolen or broke, you should, as early as possible, write to the Company on care@octoapp.ai to block your Account and change the password associated therewith until the Account is restored with you. All liability arising out of the theft of your Device, or any misuse of your Account shall be your liability and the Company shall not be liable in any manner whatsoever.

(e) You are responsible for any and all activities that occur in your Account. You agree to notify the Company immediately of any unauthorized use of the Account or any other breach of security.

(f) You shall be liable for losses incurred by the Company or any other party due to a third party’s use of your Account. You shall not use any other person’s account at any time, without the permission of the concerned account holder.

(g) You agree to refrain from sharing or transferring links generated on the Product by a User, unless such sharing or transferring is expressly permitted by such User.

(h) The Company shall make all reasonable efforts to ensure that your information is kept confidential. However, the Company shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage due to (i) theft of your Device, (ii) negligence, or (iii) failure to maintain the security of your Equipment.

(i) You shall ensure strict compliance with all laws, rules and regulations applicable to you while using the Product. You represent, warrant and covenant that all data and/or information provided by you to Company from time to time does not, and shall not breach any obligation with any third party; and shall not infringe upon the intellectual property (including the rights therein) of any third party.

(j) You understand and acknowledge that upon using the Product, you authorize us to access third party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited powers and authorize us with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with services and facilities available on the Product, as fully to all intents and purposes as you might or could do in person. You acknowledge and agree that when we access and retrieve information from third party sites, we are acting as your agent, and not the agent of, or on behalf of the third party. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.

7. Indemnification

(a) You agree to protect, defend and indemnify us and hold us and our representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (i) your access and use of the Product in violation of these T&C, (ii) any infringement of intellectual property of the Company or other right of anyone, by you or any other user of your Account, and/or (iii) your infringement of intellectual property (including the rights therein) of a third party.

(b) The Company shall not be liable for any loss to you or your organization, arising out of or in any way connected with the Product. In the event any court or authority having the force of Applicable Law holds the Company liable for any disputes arising from these T&C, to the extent permitted by Applicable Law, the gross aggregate liability of the Company shall not exceed INR 1,000 (Indian Rupees One Thousand only).

(c) Notwithstanding anything to the contrary, the Company and its suppliers (including but not limited to all equipment and technology suppliers), officers, affiliates, representatives, contractors and employees shall not be responsible or liable with respect to any subject matter of these T&C for: (a) error or interruption of use, loss, inaccuracy or corruption of data; (b) cost of procurement of substitute goods, services or technology; (c) loss of business; or (d) any matter beyond the Company’s reasonable control.

(d) The terms of this provision will survive any termination or cancellation of these T&C, your Account, or your use of the Product.

8. Warranties

(a) The Product is provided on an “as is” and on an “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability or fitness of the Product for a particular purpose and non-infringement.

(b) The Company shall make reasonable efforts to always make the Product available. However, we make no warranty that the Product shall meet your requirements, be uninterrupted, timely, secure, and/or error free. Further we do not make any warranty as to the results that may be obtained from the use of the Product or as to the accuracy, reliability and/or quality of the output derived therefrom.

(c) The Company shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond our control, including failures of or problems with the internet or part of the internet, hacker attacks (attempted or executed), denial of service attacks and/or viruses or other malicious software attacks or infections.

(d) Any material downloaded or otherwise obtained through the Product is done at your own discretion and risk and you are solely responsible for any damage to your Device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the service will create any warranty not expressly stated in these T&C.

(e) The Product is intended for use in India only. The Company does not provide the Product in any jurisdiction other than India and does not undertake compliance with any foreign data protection laws. Persons from foreign jurisdictions are prohibited from using the Product.

9. Severability

If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future Applicable Laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

10. Termination

(a) The Company may terminate your use of the Product at any time after giving notice of the termination to you.

(b) Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of the Product.

11. Waiver

Any failure on the part of the Company to require performance of any provision of these T&C shall not affect its right to full performance thereof at any time thereafter, and any waiver by the Company of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.

12. Assignment

You shall not assign or transfer any rights, obligations, or privileges that you have under these T&C, without the prior written consent of the Company. Subject to the foregoing, these T&C will be binding on the successors and assignees of the Company. Any assignment or transfer in violation of this clause will be deemed null and void.

13. Independence from platforms

(a) The Product is independent of any platform on which it is located. The Product is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).

(b) Your download, installation, access to or use of the Product is also bound by the terms and conditions of the Operator

(c) You and the Company acknowledge that these T&C are concluded only between you and the Company, and not with an Operator; the Company, and not the Operators, is solely responsible for the Product and the content thereof to the extent specified in these T&C.

(d) The Company is solely responsible for providing any maintenance and support services with respect to the Product. You and the Company acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Product

(e) The Parties agree that:

- to the maximum extent permissible by law, the Consumer Protection Act, 2019 and any other applicable consumer protection legislation does not apply to the Product; and

- it is fair and reasonable that the Parties are bound by this paragraph 13(e).

(f) You must comply with all applicable third party terms of agreement when using the Product (e.g. you must ensure that your use of the Product is not in violation of your Device agreement or any wireless data service agreement).

14. Updates

(a) The Company reserves the right to update the Product, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time. Update packages will be sent to you on your Device for download and installation.

(b) You hereby agree to install the updates from time to time and acknowledge that the Company will only be able to provide Account support for the Product if you ensure to install all updates upon receiving notifications thereof when using the Product.

15. Validity of T&C

These T&C shall become applicable when you complete the registration process and create an Account, and shall remain valid and binding on you for so long as you maintain the Account.

16. Governing Law and Jurisdiction

These T&C (and by extension, the Privacy Policy) are governed and construed in accordance with Applicable Law. By using the Product, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bengaluru, Karnataka in the event of any disputes arising out of or in relation to your access to and use of the Product.

Contact Infromation: care@octoapp.ai