"Applicable Laws" shall mean any statute, law, regulation, ordinance, rule, judgment, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction or any decision or determination by, or any interpretation, policy or administration of any of the foregoing, by any government authority having jurisdiction over the matter in question, whether in effect as on the date of this terms or thereafter.

"Confidential information" shall mean any and all information disclosed to, or otherwise acquired or observed by, receiving party, whether communicated in writing, orally, electronically, photographically, or in recorded or any other form, including, but not limited to, all sales and operating information, existing and potential business and marketing plans and strategies, financial information, cost and pricing information, data media, know-how, designs, drawings, specifications, source codes, technical information, concepts, reports, methods, processes, techniques, operations, devices, and the like, whether or not the foregoing information is patented, tested, reduced to practice, or subject to copyright.

"Content" shall mean the content, including but not limited to text, images, audio/video files etc. shared, uploaded by the users and/ or viewers using the Digital Platform, subject to these Terms. “Content” shall also mean and include any comment, information, idea, concept, review, or technique or any other material contained in any communication that any person may send via any written or electronic medium to us or post on any public platform, including responses to questionnaires

"Device" shall mean a hardware device, software or product of such specifications as may be prescribed by the Service Provider, including VR goggles, computers, handheld devices and any other device.

"Effective date" means the date on which these terms will become effective and binding.

"Intellectual Property" includes ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets; trademarks, service marks, designs, calculations and information, utility models, tools, devices, models, methods, procedures, processes, systems, principles, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, teaching techniques, electronic codes, proprietary techniques, research projects, and other confidential and proprietary information, computer programming code, databases, software programs including their Source Code; data, documents, instruction manuals, records, memoranda, notes, user guides; in either printed or machine-readable form, whether or not copyrightable or patentable, or any written or verbal instructions or comments.

"Login details" means the user id and password of the user that either he has chosen or provided by us.

"Output" means the user created content by using service.

"Person" means any natural person or an artificial juridical person created or recognized under the law and includes a firm, LLP, Company, Trust or Co-operative society.

"Service" means and includes the services offered under the Digital Platform (including the mobile application) and made available by the Service Provider that helps build Virtual reality experiences without any programming knowledge, but excluding any content or applications not provided or created by the Service Provider.

"Subscriber" or "User" means any person authorized to access the Digital Platform by logging in to the User Account.

"Terms" mean this 'Terms of Use' or this 'Agreement' in connection with the Service and includes all recitals, annexures, schedules, exhibits appended hereto and any other texts, requirements, subscription plans, benefits, displayed on or communicated through Digital Platform or any other mode, as may be amended and/or modified from time to time.

"Viewer" means a person who is viewing, navigating or accessing the Digital Platform or Output.

"User account"- means a location on a server created through the Digital Platform by the user upon registration which can be accessed with login details and exclusively operated by the user to access service and his personal information.

"Digital Platform"means a website or a mobile application for VGSA through which services can be accessed or used.

"Service provider" means 'Equations Work It Services Private Limited' or 'We' or 'Our' or 'Us'

The service can be used by any natural person or an artificial juridical person through an authorised representative who shall be a natural person. Such natural person shall be of legal age (i.e. above the age of 18 years) and competent to contract within the meaning of Indian Contract Act, 1872 as amended from time to time. Persons who are incompetent to contract (i.e. minors, lunatics, undischarged insolvents etc.) cannot access or use the Digital Platform or service unless it is done through their legal guardians or parents who are competent to contract.

You may use the service only upon registration on the Digital Platform. We may ask your details such as name, email, phone number and organization name as a pre-requisite for registration and you are required to truthfully and accurately provide all the mandatory information asked during the registration. You represent that you have the valid authority to bind the entity to these terms.

We reserve the right to restrict your access to service or output totally or partially, including termination of the service if, at any stage it is discovered that you are incompetent to contract or have violated these terms.

You are prohibited from selling, trading, or otherwise transferring your account to another person.

The service may be best used and output may be best generated with certain devices that may or may not be provided or endorsed by us. The minimum, standard and maximum requirements for using the service may be provided by us on Digital Platform or communicated to you in any other manner. With technological changes and advancement such requirements may be modified from time to time and may require you to upgrade devices to obtain and generate the best service and output. You will be responsible for arranging, operating, upgrading, and maintaining such devices at your own cost and shall not hold us liable or responsible for any failure on your part to meet such requirements or arrange, operate, upgrade, or manage such devices.

You may not access the Digital Platform if you are our direct competitor, or are, either directly or indirectly involved in the design, manufacturing, development, marketing or distribution of any products or providing any services similar to or substitutable to Vihar Seva Group.

IF YOU REGISTER FOR A FREE TRIAL, THESE TERMS ALSO SHALL BE APPLICABLE TO THAT FREE TRIAL.

Law Applicable to the Terms The Terms are published in compliance of, and are governed by the provisions of Indian law, including but not limited to: (i) the Indian Contract Act, 1872; (ii) the (Indian) Information Technology Act, 2000; and (iii) the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").

Changes to the Terms: We reserve the right to change or modify any portions of these Terms, or any policy or guideline applicable to the Digital Platform and/or the Services, at any time. If you do not agree with such changes, you may cease to use services and Digital Platform and/or cancel the User Account with us without further obligation. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Digital Platform, and your continued use of the Services after such posting will constitute your acceptance of such changes or modifications. Any new features or tools which may be added to the Services shall also be subject to the Terms.

The Digital Platform is an online platform that supports and facilitates its users to gain access to Services.

You acknowledge that, although the internet is often a secure environment, there might be interruptions in service or events beyond our control and any data, while its transmission on the internet may be lost. While it is our objective to make the Digital Platform accessible at all times, the Digital Platform may become unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Service Provider, access to the Digital Platform may be interrupted, suspended or terminated from time to time. We have the right to change or discontinue any aspect or feature of the Digital Platform from time to time, including, but not limited to, the content, hours of accessibility and device needed for access or use. Further, we may discontinue disseminating any portion of information or category of information or may change or eliminate any transmission method and transmission speeds or other signal characteristics. We reserve the right to remove or edit contents on the Digital Platform and/or limit or refuse accessibility to the Digital Platform, without any notice to you.

Free Trial: After registration, you may either choose free trial or the paid subscription plans. The free trial will be available for a limited duration mentioned for that plan and the service shall automatically cease upon expiry of the free trial period unless service is renewed by subscribing for a paid plan before the free trial expires. You can avail free trial only once. Any data you enter into the Services, and any customizations made to the Services by or for you during your free trial, will be permanently lost unless you purchase a subscription to the Services or purchase the upgraded Services, before the end of the trial period. You cannot transfer data entered or customizations made during the free trial to a service that would be a downgrade from that covered by the trial;. During the free trial, the Services are provided "as is" without any warranty.

You will be allotted login details upon successful registration. You may change the password by accessing your user account. You may change all the personal details from your user account except the email id provided at the time of registration.

Being a prepaid service, your subscription and access to service shall continue for the entire duration of your plan and cannot be terminated, stopped, or paused temporarily by you before the expiry of your plan. The subscription amount once paid to us shall not be refunded to you in any event including the event where you fail to use or access Service for any reason whatsoever. Your access to Service and output shall cease upon expiry of the duration of subscription plan.

You understand that it is your duty and responsibility to safeguard the login details and contents of your user account. You undertake that you will not allow to login or login and then allow, any unauthorised person to use or access service or Digital Platform from your user account. You understand and agree that we will not be liable to you or any other person for the consequences arising out of use or misuse of your user account whether intentionally or unintentionally and whether by you or any other person using your user account.

You cannot transfer, lease, license, sell, allow use or gift the rights to use your user account.

You may choose to share output with selective viewers or the general public in accordance with your subscription plan. Each selected viewer shall require login details to view output and he shall be responsible to keep the login details secure.

Fees and Charges

You hereby agree to use service, Digital Platform and output only for the purpose that is legal, proper and in accordance with these terms and any applicable policies or guidelines.

We may provide links on the Digital Platform that may allow you to leave the Digital Platform. The linked sites are neither endorsed by us nor under our control and we shall not be responsible for the contents of any linked site nor any link contained in a linked site. The third party links to our Digital Platform shall be governed by the terms of use and privacy policy of the third party sites.

You hereby understand, agree and acknowledge that you shall not comment, post, transmit, upload, reply, write or remark on our Digital Platform or any social networking websites or applications, instant messaging services, short messaging services, multimedia messaging services, Blogs or any such other interactive or communication services, anything that is or prima facie appears to be incorrect, inappropriate, obscene, derogatory or defamatory to us or any of our brands or hampers our reputation or reputation of any of our brands or devalues or lowers our esteem in the minds of people.

You and the Viewer agree that you and the Viewer shall not use service, Digital Platform or output:

You may communicate with us either through email or telephone on the email address and telephone number mentioned on the Digital Platform. You hereby agree that we may communicate with you through email, telephone or messages on the email address and telephone number that you have provided to us during registration on the Digital Platform or thereafter. You agree to receive information, notifications, updates, offers, new product launches, discounts or such other communication (hereafter collectively known as ‘communication’) from us through email, telephone or messages and that such communication satisfies all the statutory requirements. You hereby consent that notwithstanding the activation of DND service for your telephone number, we can call or send messages to you which are related to your present or past transaction with us.

The Parties acknowledge that during the performance of its obligations herein, each Party ("Receiving party") will have access to certain of the other Party's ("Disclosing party") Confidential Information or Confidential Information of third parties that the disclosing party is required to maintain as confidential. Both the Parties hereby agree that all items of Confidential Information are proprietary to the disclosing party or such third party, to the extent and subject to the restrictions and exceptions provided in these terms, and shall remain the sole property of the disclosing party or such third party.

Subject to use, restrictions and exceptions provided in these terms the receiving party agrees as follows: (i) to use the Confidential Information of disclosing party only for exercising its rights and performing obligations described herein; (ii) not to reproduce and will hold in confidence and protect the Confidential Information from dissemination to, and use by, any third party; (iii) shall not create any derivative work from Confidential Information of disclosing Party; (iv) to provide access of the Confidential Information to its personnel, affiliates, sub-contractors, agents, and/or consultants, if any, on a need to know basis and who have been advised of and have agreed in writing to treat such information in accordance with these terms; and (v) to return or destroy all Confidential Information of the other Party in its possession upon termination or expiration of this Agreement.

Notwithstanding the foregoing, the provisions of Sections 7.1 and 7.2 shall not apply to Confidential Information that (i) is available publicly or in the public domain at the time of its disclosure; (ii) is or becomes available publicly or enters the public domain through no fault of the receiving party; (iii) is rightfully communicated to the receiving party by persons who are not bound by the confidentiality obligations with respect thereto; (iv) is already in the possession of receiving party free of any confidentiality obligations with respect thereto at the time of its disclosure; (v) is independently developed by the receiving party; or (vi) is approved for release or disclosure by the disclosing Party without restriction.

All the rights, title and interest in the Digital Platform and service including the contents thereof is either owned by or licensed to us. Such content may include source code, graphics, designs, music, videos, tradenames, logos, literature, photos, art, sound etc. whether registered or not. You hereby understand that we are not under any obligation to display any marks or identification for aiding you in knowing whether we hold any proprietary or intellectual property rights in service or Digital Platform or any material in question. You hereby agree and acknowledge that you do not acquire any rights whatsoever in the service, Digital Platform or any material or content downloaded or used from the Digital Platform. You shall be liable for any infringement of our proprietary or intellectual property rights where you are directly or indirectly a party to such infringement.

If you are a paid subscriber, you shall hold and retain all the intellectual property rights in your customer data and output hosted on Digital Platform.

If you have subscribed to the free trial, we shall hold all the right, title and interest in the output. Such output shall, in our sole discretion be available for display on Digital Platform for other users.

You understand that we host your output on our Digital Platform and generate a link of the output. Your viewers can view such output only through our Digital Platform by clicking on the link you have provided to them. Therefore, to enable us to provide access of your output to your viewers, improve our Service, analyze data, provide you with technical support, you hereby grant us a perpetual, irrevocable, worldwide, non-exclusive, sub-licensable and royalty-free license to use the output. Use includes use, host, store, modify, communicate, and publish.

We may provide a public area on the Digital Platform (i.e. forum) where you may contribute with your questions, views, opinions, answers, gestures or in any other legal form of expression and such contribution may be viewed by any other user of the Digital Platform. You hereby expressly agree and acknowledge that any material contributed by you on the public area of the Digital Platform is your original work or that you have acquired appropriate rights of the said material and that you hereby grant us perpetual, royalty-free, worldwide, irrevocable and non-exclusive right and license to use, reproduce, distribute, modify, adapt, copy, edit, publish, commercialise, and translate such material either whole or in part worldwide and/or to embed or incorporate such material in other works in any form including in any technology or media now known or hereafter developed for the full term of any copyright that may exist in such material.

You hereby agree and grant us a revocable, non-exclusive, worldwide, royalty-free license to use your organization name and organization logo or app logo solely for marketing purpose to be used on our Digital Platform, printed brochures and advertisements.

We are not liable for any infringement of copyrights, trademarks, or other proprietary or Intellectual Property rights arising out of content posted on or transmitted through the Digital Platform, or items advertised on the Digital Platform, by our other users. Further, you agree not to download any material or content from the Digital Platform.

YOU HEREBY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST OPPORTUNITY, GOODWILL, USE, LOST DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE, MISUSE OR THE INABILITY TO USE SERVICE, DIGITAL PLATFORM OR OUTPPUT; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR DATA; OR (iii) ANY OTHER MATTER RELATING TO SERVICE, DIGITAL PLATFORM OR OUTPUT.

TO THE EXTENT PERMITTED BY LAW OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS INCLUDING THE IMPLIED LIABILITY FOR WARRANTIES AND INDEMNIFICATION LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR SERVICE DURING THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

THE SERVICE PROVIDER HAS NO CONTROL OVER THE ACCURACY, QUALITY AND AUTHENTICITY OF THE CONTENT UPLOADED BY THE USER, VISITOR AND/ OR ANY THIRD PARTY ON THE DIGITAL PLATFORM AND SHALL HAVE NO LIABILITY WITH RESPECT TO, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED IN THE CONTENT THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, COPYRIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.

The Services are controlled and offered by from its facilities in the Republic of India. The Service Provider makes no representation that the Digital Platform is appropriate or available for use in other locations other than those approved by it, from time to time. Those who access or use the Digital Platform from other jurisdictions do so at their own volition and are responsible for compliance with the applicable Law.

You agree to hold harmless, defend and indemnify us, and our subsidiaries, affiliates, directors, officers, agents, and employees, without limitation, against all liability, expense, costs, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature relating to any allegation or third party legal proceeding to the extent arising from or in any way related to your use of, misuse of or inability to use service, Digital Platform or output either on your own account or through any third party, violation of any third Party intellectual property rights or confidential information, violation of these terms. In such a case, we will provide you with a written notice of such claim, suit or action, however failure to provide such written notice shall not absolve you from the liability.

We respond to the notices of alleged infringement of intellectual property rights if they comply with the respective intellectual property rights protection laws. We may also act suo-motu if in our sole opinion any output infringes upon the intellectual property rights of anyone or is against the prevalent laws or in violation of Section 5 hereinabove. If in our sole opinion we find any output to be infringing or against the prevalent laws or in violation of Section 5 hereinabove then we may ask you to remove or delete the output and you shall upon such intimation forthwith remove or delete the output. We reserve the right to remove or delete such output without any intimation or notification to you.

You may read our privacy policy at Privacy Policies to know about our data protection practices and, how we treat your personal information and non-personal information, and protect your privacy when you use or access service, Digital Platform or output. You hereby agree to the use of your data in accordance with our privacy policy.

We will use reasonable efforts in accordance with the prevalent industry standards to provide service, Digital Platform and output in a professional and workmanlike manner. The service, Digital Platform or output may be interrupted temporarily due to scheduled maintenance, unscheduled emergency maintenance or for other reasons beyond our control and we will reasonably try to keep the interruption for a minimum duration.

YOU HEREBY UNDERSTAND AND EXPRESSLY AGREE THAT:

We may terminate service without any prior notice to you if we find in our sole opinion that you have violated these terms. Upon such termination you will not be able to access service or output including your user account and password. You cannot pause, stop or terminate the service before the expiry of its duration.

We reserve the right to modify or discontinue service anytime at our sole discretion. In such an event we shall notify you in advance of the modification or discontinuance of service.

We reserve the right to modify these terms anytime and post the modified terms with the effective date on the Digital Platform. We shall not be held responsible or liable if such modified terms are detrimental to your interests in any manner. You may forthwith cease to use service and Digital Platform if you do not agree with the modified terms.

Notwithstanding any other provisions of these terms, or any general legal principles to the contrary, any provision of these terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms.

We shall not be deemed to be in breach of these terms or otherwise liable to you for any delay in performance or any failure to perform any obligations under this Agreement (and the time for performance shall be extended accordingly) if and to the extent that the delay or failure is due to a Force Majeure Event.

We shall notify you in writing of the nature and extent of the circumstances giving rise to a Force Majeure Event. Notwithstanding the foregoing, each party shall use all reasonable endeavors to continue to perform its obligations for the duration of any Force Majeure Event

For the purpose of this Agreement "Force Majeure" shall mean any events not within the reasonable control of a concerned party and which could not have been reasonably foreseeable, including without limitation, fire, flood, atmospheric disturbance, lightning, storm, typhoon, tornado, earthquake, landslide, soil erosion, subsidence, washout or epidemic or other acts of God, war (whether declared or undeclared), blockade, insurrection, rebellion, mutiny, civil commotion, riot, acts of public enemies or civil disturbance, strike, lockout, or other industrial disturbance, affecting a party, any non-discriminatory acts of government, or compliance with such acts, which directly affects that person’s ability to perform its obligations, if the non-performing Party without fault is failing to prevent or causing the default or delay, and the default or delay could not have been prevented or circumvented by the non-performing Party through the use of alternate sources, workaround plans or other reasonable precautions.

Entire Agreement: The terms and the documents referenced herein constitute the entire agreement between you and us and govern your use of service, superseding any prior agreements between you and us. You may also be subject to additional terms and conditions that may apply when you use or purchase our other products, affiliate services, third-party content or third-party software.

Choice of Law: These terms and your use of Digital Platform shall be governed by the laws of India and you agree to be bound by the courts at Pune, Maharashtra. Your use of the Digital Platform may also be subject to other local, state, national, or international laws.

These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party.

Assignment: We may assign any or all of our rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without our prior written consent, and any such attempted assignment will be void and unenforceable.

Waiver and Severability of Terms: Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms will remain in full force and effect.

Headings: The headings in these terms are for convenience only and have no legal or contractual effect.