Last Updated: 4/11/2020
Terms & Conditions
CustomFit.ai a product of Valley Monks Pvt. Ltd. CustomFit.ai (Hereafter referred to as ‘CustomFit.ai' ) services, products, etc, which are made available on the CustomFit.ai website and its sub-domains, PaaS platform, Cloud SDK's, and any other software or services offered by CustomFit.ai in connection with any one of the products/ services, can be availed by the interested person (which expression unless repugnant to the context and meaning thereof shall always mean and include all person/s, company/ies, partnership firms or any other legal entity/ies, etc, who are beneficiary/s of the services of CustomFit.ai ) subject to the acceptance of the terms and conditions mentioned herein below as well as all the rules, regulations and laws in force or modified or amended from time to time and are made applicable to the services and operations of CustomFit.ai.
TERMS AND CONDITIONS OF THE AGREEMENT FURTHER WITNESSES AS BELOW:
CustomFit.ai's ASSURANCE:-
We assure you that we will make the best possible efforts on our part to make our service/s as best as we can. However, usage of our services/product/s by you is your sole discretion and we, therefore, request you to satisfy yourself fully regarding the suitability for the products/ services used by you.
YOUR/BENEFICIARY'S OBLIGATIONS/COMMITMENTS:
a) Account on the Site and its Security:
If you create any account/s on the Website or avail any services available thereon, you will be solely responsible for maintaining the security of the said account as well as all the activities are done through the said account. CustomFit.ai will be neither responsible nor liable for any acts of omission/s or commission/s, including any damages of any sort resulting from any of your acts. However, it shall be your responsibility to immediately notify CustomFit.ai of any unauthorized uses of the said account or any other breaches of security.
b)The responsibility of Contributors:
The entire responsibility for any material, links, messages on forums, comments, feedback, code, etc posted on the Website by you and any harm/damage etc, caused therefrom, will be yours and CustomFit.ai will not be responsible for the same in any manner. You are entirely responsible for such content and any harm resulting from that Content. It shall be your responsibility to ensure that the content made available by you or any other act/s performed by you or anybody on your part does not violate any provisions of law nor does it infringe any person’s right/s in any manner. Content made available by you and the responsibility/ies arising therefrom will always be that of yours. You shall always be responsible to take the necessary steps to ensure that:
–Downloading, copying and use of the content/s will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
– If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content/s, including but not limited to any software, or (ii) secured from your employer a waiver as to all right/s in relation with the said Content/s;
– You have fully complied with any third-party license/s relating to the Content/s, and have done all the necessary things for successfully passing through to the end user/s as per the required terms of the third party license/s or any other applicable laws and norms;– The Content/s do not contain or install any virus/es, worm/s, malware, Trojan horses or other harmful or destructive content/s;
– The Content/s is/are not spam, and does/do not contain unethical or unwanted commercial content/s designed to drive traffic to third party site/s or boost the search engine rankings of third party site/s, or to further unlawful act/s (such as phishing) or mislead recipient/s as to the source of the material (such as spoofing);
– The Content/s is/are not pornographic and does/do not contain any threat/s or incite violence towards an individual, group/s or entity/ies and does not violate the privacy or publicity right/s of any third party;
Without limiting any of the above representations or warranties, CustomFit.ai has all the right/s, in its sole discretion to:
(i) Refuse or remove any content that, in CustomFit.ai reasonable opinion, violates any policy of CustomFit.ai or is in any way harmful or objectionable, or
(ii) Terminate or deny access to and use of the Website to any individual or entity for any reason as per the sole discretion of CustomFit.ai. In case CustomFit.ai initiates any of the previously mentioned steps, it will not be under any obligation to refund any amount/s previously paid by anyone to CustomFit.ai, in relation with their services/facilities.
We assure you that we will make the best possible efforts on our part to make our service/s as best as we can. However, usage of our services/product/s by you is your sole discretion and we, therefore, request you to satisfy yourself fully regarding the suitability for the products/ services used by you.
YOUR/BENEFICIARY'S OBLIGATIONS/COMMITMENTS:
a) Account on the Site and its Security:
If you create any account/s on the Website or avail any services available thereon, you will be solely responsible for maintaining the security of the said account as well as all the activities are done through the said account. CustomFit.ai will be neither responsible nor liable for any acts of omission/s or commission/s, including any damages of any sort resulting from any of your acts. However, it shall be your responsibility to immediately notify CustomFit.ai of any unauthorized uses of the said account or any other breaches of security.
b)The responsibility of Contributors:
The entire responsibility for any material, links, messages on forums, comments, feedback, code, etc posted on the Website by you and any harm/damage etc, caused therefrom, will be yours and CustomFit.ai will not be responsible for the same in any manner. You are entirely responsible for such content and any harm resulting from that Content. It shall be your responsibility to ensure that the content made available by you or any other act/s performed by you or anybody on your part does not violate any provisions of law nor does it infringe any person’s right/s in any manner. Content made available by you and the responsibility/ies arising therefrom will always be that of yours. You shall always be responsible to take the necessary steps to ensure that:
–Downloading, copying and use of the content/s will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
– If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content/s, including but not limited to any software, or (ii) secured from your employer a waiver as to all right/s in relation with the said Content/s;
– You have fully complied with any third-party license/s relating to the Content/s, and have done all the necessary things for successfully passing through to the end user/s as per the required terms of the third party license/s or any other applicable laws and norms;– The Content/s do not contain or install any virus/es, worm/s, malware, Trojan horses or other harmful or destructive content/s;
– The Content/s is/are not spam, and does/do not contain unethical or unwanted commercial content/s designed to drive traffic to third party site/s or boost the search engine rankings of third party site/s, or to further unlawful act/s (such as phishing) or mislead recipient/s as to the source of the material (such as spoofing);
– The Content/s is/are not pornographic and does/do not contain any threat/s or incite violence towards an individual, group/s or entity/ies and does not violate the privacy or publicity right/s of any third party;
Without limiting any of the above representations or warranties, CustomFit.ai has all the right/s, in its sole discretion to:
(i) Refuse or remove any content that, in CustomFit.ai reasonable opinion, violates any policy of CustomFit.ai or is in any way harmful or objectionable, or
(ii) Terminate or deny access to and use of the Website to any individual or entity for any reason as per the sole discretion of CustomFit.ai. In case CustomFit.ai initiates any of the previously mentioned steps, it will not be under any obligation to refund any amount/s previously paid by anyone to CustomFit.ai, in relation with their services/facilities.
Warranty Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
**c) Intellectual Property: **
By the present agreement, CustomFit.ai has not transferred to you any of its or third party intellectual property rights nor does it promise to do so.
d) Changes:
CustomFit.ai reserves the right, at its sole discretion, to modify or replace any part of this Agreement and the same will also be binding on you. It is your responsibility to check this Agreement periodically for changes. Your continual use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes by you. CustomFit.ai may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement or any modification of terms and conditions, effected by CustomFit.ai at the relevant time and will also be binding on you, in case you avail the same.
e) Termination:
CustomFit.ai may terminate your access to all or any part of the Website and its subdomains at any time, with or without cause or notice, effective immediately and you shall have no grievance/s, claim/s etc for the same. However, if you wish to terminate this Agreement or your CustomFit.ai account (if you have one), you may simply discontinue using the Website.
*f) Disclaimer of Warranties:
The Website is provided on “as is” basis. CustomFit.ai and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CustomFit.ai nor its suppliers and licensors make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you whatever download from, or otherwise obtain content or services through, it is at your own discretion and risk and that CustomFit.ai will not be liable for any claims of any sort from anybody in relation to any of its services.
g) Limitation of Liability:-
CustomFit.ai or its supplier/s or licensor/s or anyone associated with CustomFit.ai in relation to the services/facilities, provided under this agreement, will not be liable for any claim of any sort from you or anyone claiming through or on your behalf for negligence, strict liability or other legal or equitable reliefs etc, including :-
(i) Any special, incidental or consequential damage/s; OR
(ii) The cost of procurement of substitute product/s or service/s; OR
(iii) For interruption of use or loss or corruption of data; OR
(iv) For any reason whatsoever; OR
h) General Representation and Warranty:
You represent and warrant that:
**a)**Your use of the Website will be in strict accordance with the CustomFit.ai Privacy Policy, and other terms & conditions of this Agreement as well as all applicable laws and regulations (including without limitation, any local laws or regulations in your country, state, city, or other governmental area) regarding online conduct and acceptable content and also include all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
b)**Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
**i) Indemnification:
You agree to indemnify and hold harmless CustomFit.ai, its contractor/s, and its licensor/s, and its respective director/s, officer/s, employee/employees and agent/s from all claims and expenses, including attorney fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
j) Jurisdiction:
For any dispute/s, whatsoever, arising out of or in relation with the present agreement, the courts in India will have jurisdiction for adjudicating and deciding the same.
k)DMCA/Copyright Policy
CustomFit.ai respects copyright law and expects its users to do the same. It is CustomFit.ai's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
i)General Prohibitions and CustomFit.ai’s Enforcement Rights
You agree not to do any of the following
1. Post, upload, publish, submit or transmit any Content that:
(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive;
(iv) is defamatory, obscene, pornographic, vulgar or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
(vii) promotes illegal or harmful activities or substances.
2. Use, display, mirror or frame the Services or any individual element within the Services, CustomFit.ai's name, any CustomFit.ai trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CustomFit.ai’s express written consent;
3. Access, tamper with, or use non-public areas of the Services, CustomFit.ai’s computer systems, or the technical delivery systems of CustomFit.ai’s providers;4. Attempt to probe, scan or test the vulnerability of any CustomFit.ai system or network or breach any security or authentication measures;
4. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by CustomFit.ai or any of CustomFit.ai’s providers or any other third party (including another user) to protect the Services or Content;
5. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by CustomFit.ai or other generally available third-party web browsers;
6. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or another form of solicitation;
7. Use any meta tags or other hidden text or metadata utilizing a CustomFit.ai trademark, logo URL or product name without CustomFit.ai’s express written consent;
8. Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
9. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
12. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
13. Impersonate or misrepresent your affiliation with any person or entity;
14. Violate any applicable law or regulation; or
15. Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
**c) Intellectual Property: **
By the present agreement, CustomFit.ai has not transferred to you any of its or third party intellectual property rights nor does it promise to do so.
d) Changes:
CustomFit.ai reserves the right, at its sole discretion, to modify or replace any part of this Agreement and the same will also be binding on you. It is your responsibility to check this Agreement periodically for changes. Your continual use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes by you. CustomFit.ai may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement or any modification of terms and conditions, effected by CustomFit.ai at the relevant time and will also be binding on you, in case you avail the same.
e) Termination:
CustomFit.ai may terminate your access to all or any part of the Website and its subdomains at any time, with or without cause or notice, effective immediately and you shall have no grievance/s, claim/s etc for the same. However, if you wish to terminate this Agreement or your CustomFit.ai account (if you have one), you may simply discontinue using the Website.
*f) Disclaimer of Warranties:
The Website is provided on “as is” basis. CustomFit.ai and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CustomFit.ai nor its suppliers and licensors make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you whatever download from, or otherwise obtain content or services through, it is at your own discretion and risk and that CustomFit.ai will not be liable for any claims of any sort from anybody in relation to any of its services.
g) Limitation of Liability:-
CustomFit.ai or its supplier/s or licensor/s or anyone associated with CustomFit.ai in relation to the services/facilities, provided under this agreement, will not be liable for any claim of any sort from you or anyone claiming through or on your behalf for negligence, strict liability or other legal or equitable reliefs etc, including :-
(i) Any special, incidental or consequential damage/s; OR
(ii) The cost of procurement of substitute product/s or service/s; OR
(iii) For interruption of use or loss or corruption of data; OR
(iv) For any reason whatsoever; OR
h) General Representation and Warranty:
You represent and warrant that:
**a)**Your use of the Website will be in strict accordance with the CustomFit.ai Privacy Policy, and other terms & conditions of this Agreement as well as all applicable laws and regulations (including without limitation, any local laws or regulations in your country, state, city, or other governmental area) regarding online conduct and acceptable content and also include all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
b)**Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
**i) Indemnification:
You agree to indemnify and hold harmless CustomFit.ai, its contractor/s, and its licensor/s, and its respective director/s, officer/s, employee/employees and agent/s from all claims and expenses, including attorney fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
j) Jurisdiction:
For any dispute/s, whatsoever, arising out of or in relation with the present agreement, the courts in India will have jurisdiction for adjudicating and deciding the same.
k)DMCA/Copyright Policy
CustomFit.ai respects copyright law and expects its users to do the same. It is CustomFit.ai's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
i)General Prohibitions and CustomFit.ai’s Enforcement Rights
You agree not to do any of the following
1. Post, upload, publish, submit or transmit any Content that:
(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive;
(iv) is defamatory, obscene, pornographic, vulgar or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
(vii) promotes illegal or harmful activities or substances.
2. Use, display, mirror or frame the Services or any individual element within the Services, CustomFit.ai's name, any CustomFit.ai trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CustomFit.ai’s express written consent;
3. Access, tamper with, or use non-public areas of the Services, CustomFit.ai’s computer systems, or the technical delivery systems of CustomFit.ai’s providers;4. Attempt to probe, scan or test the vulnerability of any CustomFit.ai system or network or breach any security or authentication measures;
4. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by CustomFit.ai or any of CustomFit.ai’s providers or any other third party (including another user) to protect the Services or Content;
5. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by CustomFit.ai or other generally available third-party web browsers;
6. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or another form of solicitation;
7. Use any meta tags or other hidden text or metadata utilizing a CustomFit.ai trademark, logo URL or product name without CustomFit.ai’s express written consent;
8. Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
9. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
12. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
13. Impersonate or misrepresent your affiliation with any person or entity;
14. Violate any applicable law or regulation; or
15. Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
