Terms and Conditions

VeUp Technologies Private limited. ("VeUp Technologies Private limited", "we", "our", or "us") provides an online software platform (the "Versatile Platform") that enables developers and other users to build, host, and deploy BOTS for devices and software applications. These Terms of Service (these "Terms") include the legal terms that we require all developers and other users to accept and implement as a condition of accessing our web services located at www.versatilesmshub.com and other websites owned and/or operated by VeUp Technologies Private limited (the "Website(s)"), and/or accessing or using the application programming interfaces provided on or in connection with the VeUp Technologies Private limited Platform ("API(s)"), including any documentation, materials, code, data (such as logs as defined below), files (such as AIML and Other Files as defined below) and other information or materials made available to you by VeUp Technologies Private limited on or in connection with the APIs (collectively, "VeUp Technologies Private limited Content") to develop Bot s for use in your products or devices (“Devices”) and/or your software applications ("Application(s)"). The "Versatile Platform" includes a sandbox environment and developer portal designed to allow you to access, upload, download, edit, create, store, and interpret files and data in connection with building, hosting, and deploying your Bot (s). Files contained in each Bot may include files written in Artificial Intelligence Markup Language (“AIML Files”), and SETS, MAPS, SUBSTITUTIONS, and SYSTEM files (collectively, “Other Files”). For more information on AIML and Other Files, please check www.versatilesmshub.com. Data may include analytics and bot logs, which may include “Inputs” to, and “Outputs” from, your Bot (s) (“BOTlogs”). "Inputs" are typically text inputs, whether typed or converted from speech utterance or spoken phrase to text, by an individual sent from your Application to VeUp Technologies Private limited servers for processing; "Outputs" are the responses returned to your Application by the VeUp Technologies Private limited Platform.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. VeUp Technologies Private limited reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. BY USING OR CONTINUING TO USE THE VEUP TECHNOLOGIES PRIVATE LIMITED APIS OR BY CLICKING "Sign Up" YOU AGREE TO USE THE VEUP TECHNOLOGIES PRIVATE LIMITED APIS AND OTHER VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT SOLELY IN ACCORDANCE WITH THESE TERMS OF SERVICE, AND YOU AGREE THAT YOU ARE BOUND BY AND ARE A PARTY TO THESE TERMS. THESE TERMS SUPERCEDES ANY PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES CONCERNING SUCH CLAIMS, AND WILL NOT BE MODIFIED OR AMENDED BY ANY PAST, CONTEMPORANEOUS, OR FUTURE AGREEMENTS OR DEALINGS BETWEEN THE PARTIES, WHETHER ORAL OR WRITTEN. YOU WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO AGREE TO AND BE BOUND BY THESE TERMS. IF YOU ACCESS OR USE THE VEUP TECHNOLOGIES PRIVATE LIMITED APIS, OTHER VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT, OR THE VEUP TECHNOLOGIES PRIVATE LIMITED PLATFORM ON BEHALF OF A COMPANY, PRINCIPAL OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND THAT THESE TERMS ARE FULLY BINDING UPON THEM. IN SUCH CASE, THE TERM "YOU" WILL REFER TO YOU AND SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE APIS OR OTHER VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT.

Accounts and Registration
Use of VeUp Technologies Private limited Content
Prohibitions
Acceptable Use Policy
Compliance
Privacy and Security
DMCA
Ownership and License
Updates
Branding and Attribution
Termination
No Warranties
Limitation of Liability
Other Legal Terms and Conditions

1. Accounts and Registration

You need to use a current VeUp Technologies Private limited account or create a new VeUp Technologies Private limited account in order to use the APIs and other VeUp Technologies Private limited Content.
You may use the VeUp Technologies Private limited Content and/or VeUp Technologies Private limited Platform only if you can form a binding contract with VeUp Technologies Private limited , and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Any use or access to the Website(s), APIs, or VeUp Technologies Private limited Platform by anyone under 18 is strictly prohibited and in violation of these Terms.
You must be a human. Accounts registered by “bots”or other automated methods are not permitted.
You are solely responsible for the activity that occurs on your account, including, without limitation, any Customer Data and Account Information (each as defined below) provided under or through your account.
You may create a VeUp Technologies Private limited account using some existing account credentials or via other registration methods we may provide from time to time, in our sole discretion. By connecting to the VeUp Technologies Private limited Platform with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. It is your responsibility to keep your password, account credentials, and accounts secure. You must notify VeUp Technologies Private limited immediately if any unauthorized use, or suspected unauthorized use, of your VeUp Technologies Private limited account occurs or if any other breach of security occurs.
You may never use another user's account without permission. Your login may only be used by one person. A single login shared by multiple individuals is not permitted.
You acknowledge that VeUp Technologies Private limited is not liable for any loss or damage arising from your failure to comply with the above requirements.
You may be required to provide certain information (e.g., your contact details, description of your product or service, your company name, your credit card details, etc., collectively, “Account Information”) as part of the registration process to access the VeUp Technologies Private limited Content, or as part of your continued use of the VeUp Technologies Private limited Content.
You agree that any registration information you give to VeUp Technologies Private limited will always be accurate and up to date, and you agree to promptly notify VeUp Technologies Private limited of any changes in your Account Information.

2. Use of VeUp Technologies Private limited Content

Subject to these Terms, VeUp Technologies Private limited grants you a limited, revocable, non-transferable, non-exclusive, right (without the right to sublicense) to access and use the VeUp Technologies Private limited Content and VeUp Technologies Private limited Platform, solely to the extent necessary for you to host and create bot (s) that operate solely in connection with your Devices and/or Applications. Permitted Access.
You will access (or attempt to access) an API or other VeUp Technologies Private limited Content only as expressly permitted by these Terms and the means described by VeUp Technologies Private limited in the documentation, instructions, or features available based on Your Usage (as defined below). API Calls.
VeUp Technologies Private limited may set limits on the number of API calls that you can make at its sole discretion, for example in the interest of service stability, or, without limiting the foregoing, in accordance with limits based on your free or paid subscription usage (“Your Usage”) of the VeUp Technologies Private limited Platform. VeUp Technologies Private limited may throttle your activity or cease offering you access to the APIs altogether in VeUp Technologies Private limited ' sole discretion. You agree to such limitations and will not attempt to circumvent such limitations. Fees.
Fees, API limits, and access to other features may vary depending on Your Usage. The limits, features, and fees owed for each available paid plan (“Subscription Plan(s)”) are set forth at VeUp Technologies Private limited ' website www.Versatilesmshub.com and are subject to change without notice. You acknowledge and agree to pay all fees, as due, for the full-term of the subscription, regardless of whether the subscription is cancelled prior to expiration or termination of these Terms. No refunds will be given to customers outside of Latin America region for any reason, including, but not limited to, unused Services, regardless of whether the subscription is cancelled prior to expiration or termination of these Terms. You must provide VeUp Technologies Private limited notice of any billing issues or disputes within fifteen (15) days after they first appear on the statement you receive from your bank, credit card company, or other billing company or invoicing. Failure to notify VeUp Technologies Private limited of any billing issues within the fifteen (15) day period will result in your acceptance of the charges and you waive the right to dispute such charges. Failure to pay fully and promptly may result in the deactivation of your account until payment is successfully received.
Some of the software offered by or included in the VeUp Technologies Private limited Content may be offered under an open source license. There may be provisions in the open source license that expressly override some of these Terms, and in those cases, the overriding provisions apply. Accuracy.
We do not guarantee the accuracy of any VeUp Technologies Private limited Content, including any output generated in connection with your use of the VeUp Technologies Private limited Content or VeUp Technologies Private limited Platform. You acknowledge and agree that you use and rely on the VeUp Technologies Private limited Content and the VeUp Technologies Private limited Platform at your own risk, and that VeUp Technologies Private limited will not be liable for any errors or inaccuracies of any VeUp Technologies Private limited Content or the VeUp Technologies Private limited Platform.
VeUp Technologies Private limited may, but is under no obligation to, monitor the use of the VeUp Technologies Private limited Content to ensure quality, improve VeUp Technologies Private limited products and services, or verify your compliance with these Terms. You will not interfere with such monitoring. Compliance with Law.
You will use our APIs and other VeUp Technologies Private limited Content and the VeUp Technologies Private limited Platform only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy, or local laws). You will not use the APIs or other VeUp Technologies Private limited Content to encourage or promote illegal or dangerous activity. You also will require any end users of your Devices or Applications ("End Users") to comply with any applicable law and these Terms. You will not knowingly enable your End Users to violate applicable law or these Terms.

3. Prohibitions

When using any VeUp Technologies Private limited Content and/or the VeUp Technologies Private limited Platform, unless otherwise approved in writing by VeUp Technologies Private limited, the following prohibitions apply:
You will not use the APIs or other VeUp Technologies Private limited Content on behalf of any third party, unless such third party has expressly authorized you to access and use the VeUp Technologies Private limited Content under its account.
You will not copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer, or decompile (except to the limited extent expressly authorized by applicable statutory law), modify, or alter any part of the Website(s), APIs, other VeUp Technologies Private limited Content, or the VeUp Technologies Private limited Platform.
You will not create an application that functions substantially the same as the APIs or other VeUp Technologies Private limited Content and offer it for use by third parties.
You will not use the VeUp Technologies Private limited Content or VeUp Technologies Private limited Platform in connection with any Device or Application that is targeted to children under the age of eighteen (18).
You will not use the VeUp Technologies Private limited Content or VeUp Technologies Private limited Platform in connection with providing any adult entertainment oriented or otherwise pornographic services.
You will not perform an action with the intent of introducing to the Website(s), VeUp Technologies Private limited Content, or VeUp Technologies Private limited Platform or the applications or products of any third party, any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.
You will not use the VeUp Technologies Private limited Content or VeUp Technologies Private limited Platform, or access or control any customer accounts, products, devices, or applications in a manner that could cause harm, damage, or loss to any individual, or otherwise harm, defame, abuse, harass, stalk or threaten others or allow or encourage any third party to do so.
You will not use the APIs, other VeUp Technologies Private limited Content, or the VeUp Technologies Private limited Platform in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in VeUp Technologies Private limited ' sole discretion) to VeUp Technologies Private limited, its service providers, its suppliers, end users of the VeUp Technologies Private limited Platform, End Users, or any individual or entity.
You will not use the APIs, other VeUp Technologies Private limited Content, or the VeUp Technologies Private limited Platform in connection with any inherently dangerous objects, devices, materials, or situations, or in furtherance of any activities likely to cause harm to any individual or property.
You will not: (i) interfere with or disrupt the Website(s), VeUp Technologies Private limited Platform, the APIs, or the servers or networks providing the APIs; (ii) tamper with the security of the any of the hardware, software or networks used by VeUp Technologies Private limited to make the Website(s), VeUp Technologies Private limited Content, or VeUp Technologies Private limited Platform available or tamper with any customer accounts; (iii) disable, circumvent or avoid any security device, mechanism, protocol or procedure established by VeUp Technologies Private limited ; or (iv) permit others to do any of the foregoing.

4. Acceptable Use Policy

Here at VeUp Technologies Private limited, our goal is to help user and user's team do the best work of user's lives, every day. To do this, we need to keep our products and services running smoothly, quickly, and without distraction. For this to happen, we need help from user, our users. We need user not to misuse or abuse our products and services. To describe exactly what we mean by "misuse" or "abuse" - and help us identify such transgressions and react accordingly - we've created this Acceptable Use Policy. Under this policy, we reserve the right to remove content that is inconsistent with the spirit of the guidelines, even if it's something that is not forbidden by the letter of the policy. In other words, if user do something that isn't listed here verbatim, but it looks or smells like something listed here, we may still remove it.

Compromising the integrity of our systems. This could include probing, scanning, or testing the vulnerability of any system or network that hosts our services.
Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the services, related systems, networks, or data
Modifying, disabling, or compromising the integrity or performance of the services or related systems, network, or data
Deciphering any transmissions to or from the servers running the services
Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.), such as:
Using "robots," "spiders," "offline readers,“ or other automated systems to sends more request messages to our servers than a human could reasonably send in the same period of time by using a normal browser
Going far beyond the use parameters for any given service as described in its corresponding documentation
Consuming an unreasonable amount of storage for music, videos, pornography, etc., in a way that's unrelated to the purposes for which the services were designed

5. HOW WE PROTECT YOUR INFORMATION

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

6. International transfers of your personal data

In order for us to provide the Services to you, your personal information might be transferred to, and stored at/processed in the United States, Europe and Asia. Your personal data might also be processed by staff operating outside the European Economic Area (EEA), such as in Asia and the USA, who work for us or for one of our suppliers. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this policy.
For transfers of personal information within the VeUp corporate family, such transfer will be under the Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses), pursuant to Decision 2004/915/EC and 2010/87/EU.
For transfers of data to third parties, such transfers will either (i) be under the Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses), pursuant to Decision 2004/915/EC and 2010/87/EU; or (ii) rely on the EU-US Privacy Shield Framework, to the extent applicable.
You can contact the Data Protection Officer listed below to obtain a copy of the data transfer agreement or more information regarding the relevant safeguard we put in place. For more information about the EU-US Privacy Shield Framework, please visit the U.S. Department of Commerce’s Privacy Shield website.
We and our group companies might have offices and facilities in India and USA. The hosting facilities for our website are situated in United States, Europe and Asia. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en
You acknowledge that the personal data that you submit for publication through our website or services may be available, via the internet, apps, website around the world. We cannot prevent the use or misuse of such personal data by others.

7. Third party websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

8. UNAUTHORIZED ACCOUNTS

If an account or profile was created without your knowledge or authorization, please contact customer support at the brand on which the account or profile is located to request removal of the account or profile.

9. RETENTION OF PERSONAL INFORMATION

We retain your personal information to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will retain your personal information for no more than eight years following the later of (i) the date on which you terminate your use of the Services or (ii) May 25, 2018, unless we are otherwise required by law or regulation to retain your personal information for longer. Notwithstanding the other provisions of this Section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

10. Our policy towards children

VeUp Services are not directed to individuals under 18. We do not knowingly collect Personal Information from children under 18. If we become aware that a child under 18 has provided us with Personal Information, we will take steps to delete such information. If you become aware that a child has provided us with Personal Information, please contact our Support Services at support@versatilesmshub.com

11. Your rights

In this Section, we have summarized the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
Your principal rights under data protection law are:
the right to access;
the right to rectification;
the right to erasure;
the right to restrict processing;
the right to object to processing;
the right to data portability;
the right to complain to a supervisory authority; and
To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
You may exercise any of your rights in relation to your personal data by written notice to us at support@versatilesmshub.com

12. Termination

You may change Your Plan or stop using our APIs and other VeUp Technologies Private limited Content at any time. If you want to terminate your account and these Terms, you must email us at legal@Versatilesmshub.com and inform us of your intention to cancel your account ("Termination Notice") atleast 30days in advance. You may download a copy of your Bot (s), i.e., AIML and Other Files, through the available online interfaces at any time prior to cancelling or deleting your account or within 30 days therein. Subject to the post-termination obligations and the surviving provisions set forth in these Terms, upon our written acknowledgement of our receipt of your Termination Notice, these Terms will terminate. VeUp Technologies Private limited has the right to immediately terminate these Terms or discontinue your use of the Website(s), VeUp Technologies Private limited Platform, the APIs and other VeUp Technologies Private limited Content or any portion or feature thereof for any reason and at any time without liability or other obligation to you. Upon any termination or expiration of these Terms or discontinuation of your access to any VeUp Technologies Private limited Content, you must immediately cease all use of the VeUp Technologies Private limited Platform, any VeUp Technologies Private limited Content (including the APIs), and VeUp Technologies Private limited Marks and delete all copies thereof. Surviving Provisions. When these Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 3 – 8, 10, and 11, 12- 14

13. No Warranties

THE VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT AND VEUP TECHNOLOGIES PRIVATE LIMITED PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT AND VEUP TECHNOLOGIES PRIVATE LIMITED PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT AND VEUP TECHNOLOGIES PRIVATE LIMITED PLATFORM ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WITH OR THROUGH THE VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT OR VEUP TECHNOLOGIES PRIVATE LIMITED PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, VEUP TECHNOLOGIES PRIVATE LIMITED , ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT OR VEUP TECHNOLOGIES PRIVATE LIMITED PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT OR VEUP TECHNOLOGIES PRIVATE LIMITED PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT OR VEUP TECHNOLOGIES PRIVATE LIMITED PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT OR VEUP TECHNOLOGIES PRIVATE LIMITED PLATFORM IS DOWNLOADED AND USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT OR VEUP TECHNOLOGIES PRIVATE LIMITED PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR DATA AND YOUR FILES, AND MUST NOT RELY ON US TO STORE, BACKUP, OR MAKE AVAILABLE TO YOU YOUR DATA OR YOUR FILES, INCLUDING BUT NOT LIMITED TO BOTLOGS, AIML AND OTHER FILES. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VEUP TECHNOLOGIES PRIVATE LIMITED, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT OR VEUP TECHNOLOGIES PRIVATE LIMITED PLATFORM. UNDER NO CIRCUMSTANCES WILL VEUP TECHNOLOGIES PRIVATE LIMITED BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT OR VEUP TECHNOLOGIES PRIVATE LIMITED PLATFORM OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VEUP TECHNOLOGIES PRIVATE LIMITED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT OR VEUP TECHNOLOGIES PRIVATE LIMITED PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT OR VEUP TECHNOLOGIES PRIVATE LIMITED PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT OR VEUP TECHNOLOGIES PRIVATE LIMITED PLATFORM BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT OR OTHER CONTENT OR DATA TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE VEUP TECHNOLOGIES PRIVATE LIMITED PLATFORM; AND/OR (VII) CUSTOMER DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL VEUP TECHNOLOGIES PRIVATE LIMITED , ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING LOWER OF THE AMOUNT YOU PAID TO VEUP TECHNOLOGIES PRIVATE LIMITED HEREUNDER IN THE THREE (3) MONTHS PRIOR TO THE DATE THE LAST CAUSE OF ACTION AROSE or 10000 INR.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VEUP TECHNOLOGIES PRIVATE LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. In using the VeUp Technologies Private limited Content and VeUp Technologies Private limited Platform, you must design and test your Devices and Applications to ensure that your Devices and Applications do not present risks of personal injury or death, property damage, or other losses. You must implement all reasonable security measures to ensure that no third party may gain unauthorized access to the VeUp Technologies Private limited Platform or VeUp Technologies Private limited Content. If you choose to use the VeUp Technologies Private limited Content or VeUp Technologies Private limited Platform in any way, you assume all risk that your use of the VeUp Technologies Private limited Content or VeUp Technologies Private limited Platform causes any damage, harm, injury, or loss, including without limitation to any End Users or other individuals or property. You agree that you are solely responsible for any damage, harm, injury, or loss arising from or relating to your Device or Application or your use of any VeUp Technologies Private limited Content or the VeUp Technologies Private limited Platform, and you agree to hold us harmless from all such damage, harm, injury, or loss.

15. Indemnification

You agree to defend, indemnify and hold harmless VeUp Technologies Private limited and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or related to: (i) your use of and access to the VeUp Technologies Private limited Content (including the APIs) or VeUp Technologies Private limited Platform, including any data or content transmitted or received by you; (ii) your violation or alleged violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) any violation of any third-party right, including without limitation any right of privacy or intellectual property rights, by you, your Customer Data, Device, or Application, or any use thereof; (iv) your violation of any applicable law, rule or regulation; (v) any of your Customer Data or any that is transmitted via your account; (vi) any personal injury or property damage arising from or relating to your use of the VeUp Technologies Private limited Content or VeUp Technologies Private limited Platform or any authorized or unauthorized use of your Device or Application; or (vii) any other party's access and use of the VeUp Technologies Private limited Content or VeUp Technologies Private limited Platform with your unique username, password or other appropriate security code.

16. Other Legal Terms and Conditions

Independent Development :- These Terms do not impair VeUp Technologies Private limited right to develop, manufacture, purchase, use or market, directly or indirectly, alone or with others, products or services competitive with those offered by you.
Confidential Information :- Our communications to you may contain VeUp Technologies Private limited confidential information. If you receive any materials or communications that are clearly confidential or marked confidential, then you will not disclose the VeUp Technologies Private limited confidential information to any third party without VeUp Technologies Private limited's prior written consent.
Notifications and Modification :- VeUp Technologies Private limited may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, sms notice, written or hard copy notice, or through posting of such notice on our website, as determined by VeUp Technologies Private limited in our sole discretion. VeUp Technologies Private limited reserves the right to determine the form and means of providing notifications to our users. VeUp Technologies Private limited is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. VeUp Technologies Private limited may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified' date at the top of this page. Your continued use of the VeUp Technologies Private limited Content or VeUp Technologies Private limited Platform after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or any future Terms of Service, do not use or access (or continue to access) the VeUp Technologies Private limited Content or VeUp Technologies Private limited Platform.
HIPPA Compliance :- You understand and agree that the VeUp Technologies Private limited Platform is not HIPPA compliant and such compliance is not expected to be included within the Services unless otherwise agreed in writing.
Governing Law :- These Terms shall be governed by the internal substantive laws of the INDIA, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Laws of India. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in India, Bangalore for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that India, Bangalore is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Arbitration :- READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM VEUP TECHNOLOGIES PRIVATE LIMITED. For any dispute with VeUp Technologies Private limited, you agree to first contact us at support@versatilesmshub.com and attempt to resolve the dispute with us informally. In the unlikely event that VeUp Technologies Private limited has not been able to resolve a dispute after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), shall be referred to a panel of 3 Arbitrators in accordance with Arbitration and Conciliation Act, 1996 or any statutory modifications or re-enactment thereof for the time being in force. The language of the arbitration shall be English. The venue of such arbitration shall be at Mumbai and the award of the Arbitrator shall be binding on both the parties. If you are using the VeUp Technologies Private limited Content or VeUp Technologies Private limited Platform for commercial purposes, each party will be responsible for paying any Arbitration filing, administrative and arbitrator fees in accordance with rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the VeUp Technologies Private limited Content or VeUp Technologies Private limited Platform for non-commercial purposes: (i) VeUp Technologies Private limited may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from VeUp Technologies Private limited; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing VeUp Technologies Private limited from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
Class Action/Jury Trial Waiver :- WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE VEUP TECHNOLOGIES PRIVATE LIMITED CONTENT OR VEUP TECHNOLOGIES PRIVATE LIMITED PLATFORM FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND VEUP TECHNOLOGIES PRIVATE LIMITED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
General Legal Terms :- These Terms control the relationship between VeUp Technologies Private limited and you. They do not create any third party beneficiary rights. If the VeUp Technologies Private limited Content or VeUp Technologies Private limited Platform is licensed to the United States government or any agency thereof, then the VeUp Technologies Private limited Content and VeUp Technologies Private limited Platform will be deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFARS Section 227.7202 and FAR Section 12.212, as applicable.
Any use, reproduction, release, performance, display or disclosure of the VeUp Technologies Private limited Content or VeUp Technologies Private limited Platform and any accompanying documentation will be governed solely by the terms and conditions of these Terms and is prohibited except to the extent expressly permitted by the terms and conditions of these Terms. The VeUp Technologies Private limited Content and VeUp Technologies Private limited Platform originate in India and are subject to India’s export laws and regulations. The VeUp Technologies Private limited Content and VeUp Technologies Private limited Platform may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from India. In addition, the VeUp Technologies Private limited Content and VeUp Technologies Private limited Platform may be subject to the import and export laws of other countries. You agree to comply with all Indian and foreign laws related to use of the VeUp Technologies Private limited Content and the VeUp Technologies Private limited Platform.
No waiver of any term of these Terms shall constitute a further or continuing waiver of such term or any other term, and VeUp Technologies Private limited failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VeUp Technologies Private limited without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
These Terms, together with any amendments and any additional agreements you may enter into with VeUp Technologies Private limited in connection with the VeUp Technologies Private limited Content or VeUp Technologies Private limited Platform, shall constitute the entire agreement between you and VeUp Technologies Private limited concerning the VeUp Technologies Private limited Content and VeUp Technologies Private limited Platform.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
Contact :- Please contact us at support@versatilesmshub.com with any questions regarding these Terms.