Legal User Agreement

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Legal User Agreement

USER AGREEMENT

This User Agreement ('Agreement') is entered into by and between Enso Webworks Private Limited, a company registered under the laws of India, with its registered office located in Mumbai, India (hereinafter referred to as 'Company,' 'we,' 'us,' or 'our'), and the user ('User,' 'you,' or 'your') accessing and using the https://www.infoprofile.com website, APP (the 'Website'/“APP”), collectively referred to as the 'Parties.' By accessing or using the Website, you agree to be bound by the terms and conditions of this Agreement.

ACCEPTANCE OF TERMS

By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and irrevocably agree to comply with all the terms and conditions set forth in this Agreement. If you do not agree with any of these terms, please do not use the Website.

ELIGIBILITY

  1. You represent and warrant that you are at least 16 years of age and have the legal capacity to enter into binding contracts. If you are using the Website on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this Agreement.
  2. You agree to provide accurate and complete information during the registration process and to keep such information up-to-date at all times.

LICENSE AND RESTRICTIONS

  1. Subject to your compliance with the terms of this Agreement, the Company grants you a limited, revocable, non-transferable, non-exclusive license to access and use the Website solely for your personal and non-commercial purposes. This license does not grant you any rights or licenses to the Company's intellectual property, except as expressly provided herein.

  2. While using the Website, you shall not engage in any of the following activities:

    1. You shall not reverse engineer, decompile, disassemble, or attempt to derive the source code of the Website or any related technology, unless expressly permitted by applicable law.
    2. You shall not attempt to gain unauthorized access to the Website, user accounts, or any connected systems. Any attempt to do so may result in legal action.
    3. You shall not circumvent, disable, or interfere with any security features, technological measures, or access controls employed by the Company to protect the Website.
    4. You shall not use the Website for any commercial purposes without obtaining explicit written permission from the Company. Commercial use includes advertising, marketing, and generating revenue from the Website.
    5. You shall not use the Website to engage in any activity that violates any applicable laws, regulations, or third-party rights. This includes, but is not limited to, activities related to copyright infringement, harassment, and fraud.
    6. You shall not use the Website to distribute viruses, malware, spyware, or any other harmful software. Engaging in such activities may result in legal consequences.
    7. You shall not impersonate individuals, entities, or organizations, including the Company or its representatives. Present yourself truthfully and transparently.
    8. You shall not post, share, or distribute content that violates the content guidelines outlined in this Agreement. Offensive, explicit, or harmful content is strictly prohibited.

  3. The Company reserves the right to terminate or suspend the license granted herein at any time and for any reason without notice. Upon termination or suspension, you shall immediately cease using the Website.

PAYMENT

  1. You’ll honor your payment obligations and are comfortable and do not have any objection to storing with us your payment information. You understand that there may be fees and taxes that are added to our prices/purchases.
  2. If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

  1. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates).

  2. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

USER CONTENT

  1. 'Content' refers to any information, text, data, photographs, graphics, videos, audio clips, comments, messages, links, or other materials that are posted, shared, uploaded, displayed, or transmitted on the website. This includes both user-generated content and any content provided by the website itself or its affiliates. Content encompasses any form of media or communication that is contributed or made available by users or the website, whether publicly or privately, through the platform's features and functionalities.

  2. You retain ownership of the content you post, upload, or submit on the Website ('User Content'). By posting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, sublicensable, and transferable license to use, display, reproduce, distribute, redistribute, remake, modify, share, publicly display, reshare, publicly perform, adapt, and create derivative works from your User Content in any media formats and through any media channels, without further notice or compensation to you, in connection with the operation of the Website. This license includes the right for the Company to display advertisements in connection with your User Content.

  3. You are solely responsible for the accuracy, legality, and appropriateness of your User Content. You agree not to post, upload, or distribute content that violates any applicable laws, infringes on the rights of others, or is offensive, discriminatory, or harmful.

  4. The Company reserves the right, but not the obligation, to review, monitor, censor, edit, develop, proofread, evolve, format, and remove any User Content that violates this Agreement, applicable laws, or is deemed inappropriate in the Company's sole discretion. The Company shall have no liability for the removal or non-removal of User Content.

  5. By posting User Content, you represent and warrant that:

    • You have all necessary rights, licenses, authority, and permissions to grant the Company the license described above.
    • Your User Content does not violate any applicable laws or infringe upon the rights of any third party.
    • Your User Content is accurate, truthful, and does not contain false or misleading information.
    • Your User Content does not contain any offensive, defamatory, hurtful, vile, repulsive, obscene, or harmful material.

  6. The Company has no obligation to return any User Content to you. You should keep a copy of any User Content that you post on the Website with you in your personal/private custody.

  7. The Company will handle User Content in accordance with its Privacy Policy. However, you acknowledge and accept that the Company cannot guarantee the confidentiality of any User Content, and you understand that your User Content may be accessible by other users and third parties you might have or might not have intended to share with.

  8. You acknowledge that the Company may modify or adapt your User Content for technical, functional, and display purposes, without altering its essential meaning.

  9. To the extent allowed by applicable law, you hereby waive any moral rights you may have in your User Content in favor of the Company, including the right to be identified as the author of the User Content.

  10. If you provide the Company with any feedback, suggestions, or ideas regarding the Website or its services, the Company shall have the right to accept, reject, use, modify, and implement such feedback without any obligation to compensate you in any manner whatsoever.

  11. You acknowledge that the Company's use of User Content does not imply any endorsement, approval, or association with you, and the Company shall not be obligated to provide you with any attribution for your User Content.

  12. By posting, uploading, or submitting User Content, you acknowledge that you have read, understood, and agreed to the terms outlined in this section.

INTELLECTUAL PROPERTY

  1. All intellectual property rights related to the Website, including but not limited to trademarks, logos, copyrights, and trade secrets, are solely and perpetually owned by the Company or its licensors.
  2. You may not use, reproduce, modify, distribute, or create derivative works based on the Company's intellectual property without explicit written permission.
  3. If you believe that any content on the Website infringes your intellectual property rights or violates any applicable laws, you may submit a written notice to the Company's designated agent, including the details of the alleged infringement. The Company will promptly investigate and take appropriate action in accordance with applicable laws.
  4. Your use of the Website does not grant you any implied rights or licenses to use the Company's intellectual property, except as expressly provided in this Agreement.
  5. You shall respect the intellectual property rights of the Company and other users. You shall not use the Website to post, share, or distribute content that infringes upon the intellectual property rights of others.
  6. Your use of the Company's intellectual property does not imply any affiliation, sponsorship, or endorsement by the Company of any nature whatsoever. You shall not use the Company's intellectual property in a manner that creates confusion or misrepresents your relationship with the Company.
  7. The Company reserves the right to enforce its intellectual property rights to the fullest extent permitted by applicable law. The Company may take legal action against any unauthorized use, reproduction, or distribution of its intellectual property.
  8. By accessing or using the Website, you acknowledge that you have read, understood, and agreed to the terms outlined in this Intellectual Property Rights (IPR) section.

USER CONDUCT

  1. You agree not to use the Website for any illegal, unauthorized, or prohibited activities, including but not limited to harassment, spamming, impersonation, or spreading malicious software.

  2. You agree not to interfere with the proper functioning of the Website or attempt to gain unauthorized access to any part of it.

  3. You shall conduct yourself in a lawful, ethical, and respectful manner while using the Website.

  4. Your interactions and contributions should adhere to the following guidelines:

    • Treat other users and their viewpoints with respect and courtesy.
    • Avoid engaging in any form of hate speech, discrimination, or personal attacks.
    • Express your opinions and viewpoints in a responsible and constructive manner.
    • Do not engage in behavior that could incite hostility or negativity.
    • Do not engage in harassment, bullying, or stalking of other users.
    • Avoid creating an uncomfortable or hostile environment for others through persistent unwanted interactions or intrusive behaviors or antics.
    • Ensure that the content you post, share, or comment on is appropriate for a diverse audience. Avoid explicit, repulsive, gore, pornographic, vile, offensive, or discriminatory content.
    • Do not spread false information, misleading claims, rumor-mongering, or engage in misinformation. Uphold the integrity of the information shared on the Website.
    • Do not impersonate other individuals, entities, or organizations. Always present yourself truthfully and transparently.

  5. You shall comply with all applicable laws, regulations, and this Agreement while using the Website.

  6. Do not engage in any activity that violates any law or infringes upon the rights of others.

  7. You shall not attempt to gain unauthorized access to the Website, user accounts, or any connected systems.

  8. Do not engage in hacking, cracking, or any form of unauthorized intrusion.

  9. Avoid spamming, excessive self-promotion, or any unsolicited advertising on the Website. Focus on meaningful interactions and contributions.

  10. Do not use the Website to distribute viruses, malware, or other harmful software. Engaging in any form of cyber-attack or harmful activity is prohibited.

  11. You shall cooperate with the Company in any investigation regarding violations of this Agreement or any applicable laws.

  12. Cooperate with the Company's content moderation efforts. If you come across content that violates this Agreement, report it promptly for review. If the Company removes any of your content for violating this Agreement, respect the decision and do not attempt to repost the same content.

  13. Adhere to any community guidelines or policies provided by the Company. Familiarize yourself with the rules that govern interactions on the Website.

  14. Your contributions, including text, images, and links, should comply with content standards outlined in this Agreement. Offensive, explicit, or harmful content is strictly prohibited.

  15. You are legally and ethically responsible for the content you post, share, or contribute on the Website. Ensure that your actions uphold the values and standards of the community.

  16. By accessing or using the Website, you acknowledge that you have read, understood, and agreed to the terms outlined in this User Conduct section.

DISPLAY OF ADVERTISEMENTS

  1. Advertising Placement: You acknowledge, accept, and agree that the Company reserves the right to display advertisements in proximity to the user-generated content you post, share, or contribute on the Website.

  2. Advertisements Format: The Company alone may determine the format, size, and placement of advertisements in relation to your user-generated content. Advertisements may appear within the same page or screen as your content.

  3. User Compensation: You understand and agree that you shall not be entitled to any compensation, royalty, payment, or benefits for the display of advertisements near your user-generated content.

  4. Advertisement Content: 

    1. The Company alone shall have full discretion in selecting and displaying advertisement content.
    2. Advertisements displayed near your user-generated content do not imply any endorsement or association, whether direct or indirect, between you and the advertised products or services.

  5. Non-Interference: You shall not interfere with the placement, visibility, or functionality of advertisements displayed near your user-generated content. Any attempt to interfere with advertisements is strictly prohibited.

  6. Advertisement Modifications: The Company may modify, remove, alter, or update advertisements solely at its discretion without notice. You shall not modify or alter the advertisements in any way.

  7. Revenue Generation: Any revenue generated from the display of advertisements on or near your user-generated content shall be the sole property of the Company. You shall not have any claim or entitlement, direct or indirect, to such revenue.

  8. User Content Independence: The display of advertisements near your user-generated content shall not impact the independence or authenticity of your content. You shall continue to be responsible for the accuracy and integrity of your content.

  9. Advertising Policies: Advertisements displayed on or near user-generated content shall comply with the Company's advertising policies and guidelines. The Company alone reserves the right to reject or remove any advertisements that violate these policies.

BILLING & MEMBERSHIP SUBSCRIPTION

  1. Basic Membership

    • Registration and use of a basic membership on the Platform is free.
    • Basic membership includes access to standard features, such as profile creation, connection with other members, and content sharing.

  2. Premium Membership

    • We offer a Premium Membership subscription service that provides enhanced features and benefits.
    • Premium Membership is available for a subscription fee of $2.99 per month or $29.99 annually.
    • The subscription fee may be subject to taxes and transaction fees depending on your location and the payment method used.
    • Premium members enjoy the following benefits:
      • Enhanced visibility in search results.
      • Access to advanced analytics and insights.
      • Exclusive access to premium content and features.
    • Premium Membership benefits are subject to change, and any modifications will be communicated to members in advance.

  3. Billing and Payment

    • By subscribing to Premium Membership, you authorize Enso Webworks Private Limited to automatically charge your provided payment method for the recurring subscription fee, either monthly or annually, depending on your chosen plan.
    • The automatic payment will occur on the same day each billing cycle, as specified below.
      • Monthly subscriptions are billed on the same day each month.
      • Annual subscriptions are billed on the same day each year.
    • You can opt-out of auto-pay at any time by accessing your account settings on the Platform.
    • If you opt-out before the renewal date, no further charges will be made, and your Premium Membership will expire at the end of the current billing cycle. It is your sole responsibility to cancel auto-pay if you wish to discontinue Premium Membership.
    • You are responsible for ensuring your payment method is valid and has sufficient funds. We accept credit cards, debit cards, and other methods as indicated on the Platform.
    • We reserve the right to change subscription fees at any time, with advance notice. You can accept the new pricing or cancel your subscription.
    • Subscription fees may be subject to taxes and transaction fees, your responsibility.
    • While we use encryption for payment security, internet data transmission is not completely secure.
    • If you dispute a payment, contact our customer support team at support@infoprofile.com for resolution.

  4. Termination of Membership

    • We reserve the right to terminate or suspend your Premium Membership with or without notice if you violate our terms of service/use or engage in any prohibited activities on the Platform.
    • In the event of termination, you will not be entitled to a refund of any subscription fees paid.

  5. Changes to Terms of Billing

    • We may update these terms and conditions, including subscription fees, from time to time. Any changes will be effective upon posting on the Platform, and it is your responsibility to review them periodically.
    • By subscribing to Premium Membership on the Platform, you acknowledge that you have read, understood, and agreed to the terms and conditions outlined above. If you do not agree to these terms, please do not subscribe to Premium Membership.

  6. Refunds

    • We, Enso Webworks Private Limited, may, at our sole discretion, offer refunds for Premium Membership subscriptions on a case-by-case basis.
    • Refund requests will be considered only under exceptional circumstances, and we reserve the right to deny any refund request without issuance of any reason whatsoever.
    • Refund requests, if any, must be made within seven (7) days of the initial purchase date. All refund requests should be submitted in writing to our customer support team at support@infoprofile.com, including your name, username, and a detailed explanation of the exceptional circumstances necessitating the refund.
    • Refunds, if granted, will be issued to the original payment method used for the subscription at our discretion. We may deduct any applicable processing fees, taxes, or transaction costs from the refunded amount.
    • We are not obligated to provide refunds for any subscription fees paid, and no refunds will be offered for reasons including but not limited to dissatisfaction with Premium Membership features or services.
    • If your Premium Membership is terminated by us due to a violation of our terms of service, you will not be eligible for any refund of subscription fees paid.

SERVICE AVAILABILITY

  1. We may change, suspend, or discontinue any of our Services.

  2. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

  3. We don’t promise to store or keep showing any information and content that you’ve posted.

  4. We are not a storage service and you agree and accept that we have no obligation to store, maintain, or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.

  5. Your use of others’ content and information posted on our Services is at your own risk.

  6. Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities.

  7. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. We generally do not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.

DISCLAIMER OF WARRANTIES

  1. The Website is provided 'as is' and 'as available,' without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
  2. We and our affiliates, associates, and permitted assignees make no representation or warranty about the services, including any representation that the services will be uninterrupted or error-free, and provide the services (including content and information) on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, we and our affiliates, associates, and permitted assignees disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability, or fitness for a particular purpose.

LIMITATION OF LIABILITY

  1. To the fullest extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

  2. To the fullest extent permitted by law, we and our affiliates, associates, and permitted assignees will not be liable in connection with this contract for:

    • Lost profits or lost business opportunities.
    • Reputation (e.g., offensive or defamatory statements).
    • Loss of data (e.g., downtime or loss, use of, or changes to, your information or content).
    • Any indirect, incidental, consequential, special, or punitive damages.

  3. We and our affiliates, associates, and permitted assignees will not be liable to you in connection with this contract for any amount that exceeds:

    • The total fees paid or payable by you to us for the services during the term of this contract, if any, or
    • INR 1000/- (One Thousand Indian Rupees Only).

  4. The limitations of liability in this section are part of the basis of the bargain between you and the Company and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, and law) even if we and our affiliates, associates, and permitted assignees have been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

INDEMNIFICATION

  1. You agree to indemnify, defend, and hold the Company harmless from any claims, losses, liabilities, damages, costs, and expenses arising from your use of the Website, your User Content, or your violation of this Agreement.

  2. You shall indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents (collectively referred to as 'Indemnified Parties') from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:

    • Any claim, demand, or action resulting from your use of the Website, including any content you post, share, or contribute.
    • Any claim that your User Content infringes upon the rights of third parties, including intellectual property rights, privacy rights, or other proprietary rights.
    • Any violation of this Agreement, including breaches of obligations, warranties, representations, or user conduct outlined herein.
    • Any harm or damage caused to other users, third parties, or the Company due to your actions, statements, or behavior while using the Website.

  3. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with the Company in asserting any available defenses and providing necessary information.

  4. You shall promptly notify the Company of any claim, demand, or action subject to indemnification. Failure to provide timely notice may limit your obligation to indemnify to the extent that the Company's ability to defend itself is prejudiced.

  5. By accessing or using the Website, you acknowledge that you have read, understood, and agreed to the terms outlined in this Indemnification clause.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in Mumbai only.

AMENDMENTS

The Company reserves the right to modify, amend, or change this Agreement at any time. Updated versions of the Agreement will be posted on the Website, and your continued use of the Website after such changes constitutes your acceptance of the revised Agreement.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and the Company regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, representations, and warranties.

PRIVACY POLICY

Your use of the Website is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. You can review our Privacy Policy.

SEVERABILITY

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

WAIVER

The failure of the Company to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

WAIVER OF CLASS ACTION

Any dispute resolution proceedings, including arbitration, will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive any right you may have to bring an action on a class, consolidated, or representative basis.

ASSIGNMENT

This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by the Company without restriction.

SURVIVAL

The provisions of Sections of User Content, Intellectual Property, User Conduct, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, and Amendment shall survive any termination or expiration of this Agreement.

CONTACT INFORMATION

For any inquiries or concerns related to this Agreement, please contact us at helpdesk@infoprofile.com.

By clicking 'I Agree' or by accessing and using the Website, you acknowledge that you have read, understood, and agreed to the terms and conditions of this User Agreement.