TERMS OF SERVICE
 

1. Introduction

Welcome to Vyoma Linguistic Labs Foundation (“Company”, “Vyoma Labs” “we”, “our”, “us”). These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages and app located at www.digitalsankrit.com and Progressive Web App: https://digitalsanskrit.com/?utm_source=superpwa&utm_medium=superpwa&utm_campaign=superpwa%2F (“Website” / “Service”) operated by Vyoma Labs.

These Terms have to be read along with our policies governing the use of the Website including the Privacy Policy, Intellectual Property Policy. These Terms apply to all visitors, registered users, subscribers and others who wish to access or use our Service (“User” / “Users”). Our Privacy Policy also governs your use of our Website and explains how we collect, safeguard and disclose information that results from your use of our Website.

Your agreement with us includes these Terms,Intellectual Property Policy, Refund and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Terms and Agreements, and agree to be bound by them. If you do not want to be bound by the Terms and the Agreements, you must not subscribe to or use the Service. These Terms, Agreements and various other policies are binding as per the provisions of applicable Indian laws including the Information Technology Act of 2000, Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021, and the Digital Personal Data Protection Act, 2023.

If you do not agree with (or are unable to comply with) the Terms and the Agreements, then you may not use our Service.

2. Our License to you

Subject to these Terms and all the Agreements, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to use our Service. Using our Service does not give you ownership of any intellectual property rights in our Service or the content you access.

You agree that you shall not:

• Republish material from this Website (including republication or replication on another website);
• Sell, rent or sub-license material from the Website;
• Show any material from the Website in public;
• Reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose or any other purpose apart from the intended purpose of learning as per the provisions of the Website;
• Edit or otherwise modify any material on the Website.

3. User Account

In order to use our Service, you will need to register for a personal account (“User Account”) by providing an email address and a password that is unique.

You agree that you will never divulge or share access to your User Account with any third party for any reason. You also agree that you will create, use and/or access only one User Account, and that you will not use any User Account other than your own.

You shall not impersonate any person or misrepresent your identity, including another person’s username, password, e-mail address and name. You also agree to promptly notify us of any unauthorized use of your account or any other breach of site security that you become aware of. You are responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities, content and materials related to your account.

In setting up your User Account, you may be prompted to enter information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Service.

In addition to the registration process, as part of your use of our Service, we may obtain certain information about you. Some of this information may be Personally Identifiable Information. We may use, maintain and store this information to provide certain services to you now and in the future, for the purpose of marketing. Please also refer to our Privacy Policy in this regard.

Your account may be suspended or terminated for failure to comply with the Terms with or without notice.

4. Contests and Promotions

Any contests (hackathons) or other promotions (collectively, “Promotions”) made available through our Website may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, Promotion rules will apply.

5. Subscription plans and charges

There are three types of subscription plans (“Plan/s”):

• Free Plan, with zero subscription fees for trial access;
• Gold Plan with limited access; and
• Platinum Plan for unlimited access to the contents in the Website.

There are subscription charges for the “Gold Plan” and “Platinum Plan” Users. The content you have access to on the Website will depend on the Plan you have subscribed for. The term of subscription is 1 (one) year. At the end of the term of subscription, you have the option of renewing the subscription. If you choose not to renew the subscription, you will cease to have access to the exclusive content for the paid subscribers.

During the subscription period, Users will have access to any new content added to their subscription tier. While we endeavour to keep adding content to different tiers regularly, we do not undertake any obligation to update the Service at regular intervals. We may also change or update the content for each subscription tier and move existing content across subscription tiers, at our sole discretion without prior notice to you.

There is no auto-subscription feature in the Service. You will have to renew your subscription by paying the subscription charges, at the end of the term of subscription. Vyoma Labs, may, in its sole discretion and at any time, modify the Terms to revise subscription fees, for the use of our Service. You will be notified of any such changes through your registered email id.

Any registered paid User may request for a refund of the entire subscription fees within 30 (Thirty) days from the date of subscription, if the Registered User is not satisfied with the Service. While we sincerely hope that no such situation would arise, a request for full refund may be made by sending us an e-mail at [email protected]. No refunds (except as required by law) will be made after a lapse of 30 (Thirty) days from the date of subscription.

7. Content

Our Service might allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through our Website, including its legality, reliability, and appropriateness.

By posting Content on or through our Service, you represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

We take no responsibility and assume no liability for Content you or any third party posts on or through our Website. However, by posting Content using our Website, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website. You agree that this license includes the right for us to make your Content available to other users of our Service, who may also use your Content subject to these Terms.

Vyoma Labs has the right to monitor and edit all Content provided by users, but is not obligated to do so.

8. Distribution and reuse

This Website is the exclusive property of Vyoma Labs. You may not modify, transmit, reuse, download, repost, copy, or use the content on this Website, whether in whole or in part, without express, prior written consent from Vyoma Labs.

9. Acceptable use policy

You may use our Service only for lawful purposes and in accordance with these Terms. You agree not to use our Service:

• In any way that violates any applicable national or international law or regulation;

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;

• To transmit, or procure the sending of any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;

• In any way that infringes upon the rights of others, or in any way that is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend the Company or users of the Service or expose them to liability;

• To conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting) on or in relation to this Service.

Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service;

• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Website;

• Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent;

• Use any device, software, or routine that interferes with the proper working of the Service;

• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Website is stored, or any server, computer, or database connected to the Service;

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;

• Take any action that may damage or falsify Company rating;

• Otherwise attempt to interfere with the proper working of the Service.
  
  

10. Use by minors

By accessing or using the Service, you warrant and represent that you are at least 18 (Eighteen) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the Terms, Agreements and Policies pertaining to the use of the Website.

For use of the Service by minors, the User Account has to be created by a parent or a legal guardian, who shall be bound by these Terms, Agreements and policies pertaining to the use of the Service. The parent or the legal guardian shall monitor the usage of the Service by a minor. The parent or the legal guardian undertakes that s/he will not share any personal data pertaining to their child/ren while using the Service.

11. Intellectual property policy

The Website and its original content, features and functionality are and will remain the exclusive property of Vyoma Labs and its licensors. All intellectual property rights, including copyright on the Website and its contents vests exclusively with Vyoma Labs. Unauthorised use or copying of the content hosted on the Website is strictly prohibited.

The trademarks, names, logos and service marks (collectively “Trademarks”) displayed on this Website are the registered and unregistered Trademarks of Vyoma Labs. Nothing contained on this Website should be construed as granting any license or right to use any Trademark without the prior written consent and / or licence of Vyoma Labs.

Vyoma Labs respects the intellectual property rights of our users, third party content providers, and other third parties and expects our users to do the same when using the Website.

12. Cookies

 Our Service uses Cookies. For more information on the use of Cookies, please refer toCookies
and our Privacy Policy.

13. Grievance redressal mechanism

In compliance with the Information Technology Act, 2000 and the Rules thereunder, Vyoma Labs has put in place a grievance redressal mechanism for addressing any complaints or concerns regarding the use, processing or disclosure of information provided by you or breach of these Terms.

Any complaints / concerns in this regard shall be addressed to the Grievance Redressal Officer through e-mail. Copyright owners who believe their rights have been infringed while using the Sercie should contact the Grievance Redressal Officer through e-mail. Vyoma Labs is not liable for any complaints directed to any other e-mail id or officer of the Company.

Grievance Redressal Officer

Sri Venkatasubramanian P.

Designation: COO, Vyoma Labs

E-mail: [email protected]

Please include the following details in your communication:

• Clear identification of the information provided by you while using the Website;
• Your name, address, telephone number, e-mail address;
• The information which you believe has been processed incorrectly or disclosed without authorisation.

For concerns / complaints related to copyright infringement, your communication must include:

• Identification of the copyrighted work, or, in the case of multiple works at the same location, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity. You must include sufficient information for us to locate the material (e.g., URL, IP address, computer name);
• Information for us to be able to contact the complaining party (e.g., email address, phone number);
• A statement that the complaining party believes that the use of the material has not been authorised by the copyright owner or an authorized agent;
• A statement that the information in the notification is accurate and that the complaining party is authorised to act on behalf of the copyright owner.
  
  

14. Error reporting and feedback

You may provide us feedback directly at [email protected] with information concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

15. Links to other websites

Our Service may contain links to third party web sites or services that are not owned or controlled by Vyoma Labs.

Vyoma Labs has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Vyoma Labs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party websites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.

16. Disclaimer of warranty

The Service is provided by the Company on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Website, or the information, content or materials included therein.

17. Limitation of liability

Except as prohibited by law, you will hold us and our officers, content creators, teachers, course instructors, consultants, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortuous action, or arising out of or in connection with the Terms and the Agreements. Except as prohibited by law, if there is liability found on the part of the Company, it will be limited to the amount paid for the Service, and under no circumstances will there be consequential or punitive damages.

18. Termination & survival clauses

We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may discontinue using our Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property rights, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

19. Indemnification

You agree to defend, hold harmless, and indemnify Vyoma Labs and the Vyoma Labs’ officers, chief functionaries, governing board members, managers, employees, students, participants, teachers, and their respective affiliates, officers, faculty, students, fellows, governing board members, agents and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to your use of the Website, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature.

20. Entire Agreement
    

These Terms, together with the Agreements, constitute the entire agreement between you and Vyoma Labs in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.

21. Waiver And severability
    

No waiver by Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

22. Changes to service
    

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service to users, including registered users and paid subscribers.

23. Amendments to Terms
    

Vyoma Labs may revise these Terms from time-to-time. Revised Terms and conditions will apply to the use of the Service from the date of the publication of the revised Terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.

By continuing to access or use our Service after any revisions to the Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you are no longer authorized to use our Service.

24. Communications
    

By providing user information on this Website, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all of these communications from us by following the unsubscribe link or by emailing us at [email protected].

25. Governing law & dispute resolution
    

• These Terms and the Agreements shall be governed by the laws of the Republic of India.

• If any dispute arises between the user and the Company (collectively, the “Parties”) in connection with or relating to these Terms, the Parties hereto shall endeavour to settle such dispute amicably through mediation involving the management of the Company.

• In case of failure to reach an amicable settlement through mediation, after reasonable attempts by the Parties, which attempt shall continue for not less than 30 (Thirty) days after the notification of the dispute to the other Party, the dispute shall be finally settled by arbitration.

• The number of arbitrators shall be 3 (Three); each Party shall nominate 1 (One) arbitrator, the two party-nominated arbitrators shall jointly decide and appoint the third arbitrator.

• The arbitration proceedings shall be conducted in accordance with the Indian Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Bengaluru (Karnataka), India. The arbitration agreement shall be governed by the laws of India and the proceedings of arbitration shall be in the English language. The arbitration proceedings shall be conducted online.

• The award of the arbitrators shall be final and binding on the Parties.
  
  

26. Acknowledgement
    

By using our Service, you acknowledge that you have read these Terms, Agreements and policies pertaining to the Service, and agree to be bound by them.

27. Contact Us
    

Please send your feedback, comments, requests for technical support by email: [email protected].