Terms of Service

1. Acceptance of Terms

By accessing or using our Service, you confirm that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms, in which case the terms "you" or "your" shall refer to such entity.

2. Eligibility & Authority

The Service is intended solely for users who are eighteen (18) years of age or older. By using the Service, you represent and warrant that:

• You are at least 18 years old and capable of forming a binding contract.
• You are not barred from using the Service under the laws of the United States, India, or any other applicable jurisdiction.
• Your use of the Service does not violate any applicable law or regulation.

3. User Accounts

To access certain features, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Security: You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities. Perenexa cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

4. License & Access

Subject to your compliance with these Terms, Perenexa grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business or personal purposes.

Restrictions:

You shall not:

• License, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Service.
• Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service.
• Access the Service in order to build a similar or competitive website, product, or service.

5. Subscriptions & Payments

Fees: Certain aspects of the Service may be provided for a fee. You agree to pay all applicable fees related to your use of the Service.

Billing Cycle: Paid services are billed in advance on a recurring and periodic basis (e.g., monthly or annually). Your subscription will automatically renew unless canceled at least 24 hours before the end of the current billing period.

Taxes: Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities (e.g., GST/VAT). You are responsible for paying all such taxes.

Refunds: Except where required by law, payments are non-refundable. Perenexa reserves the right to issue refunds or credits at our sole discretion.

6. User Content & Data Ownership

Ownership: You retain full ownership of all data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("User Content") that you upload, post, or store on the Service. We claim no intellectual property rights over the material you provide.

License to Us: By submitting User Content, you grant Perenexa a worldwide, royalty-free license to host, copy, transmit, and display your content solely as necessary to provide the Service to you and to improve our algorithms (in anonymized aggregate form).

7. Acceptable Use Policy

You agree not to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any local, state, national, or international law.
• Violating or encouraging others to violate any third-party right, including by infringing or misappropriating any third-party intellectual property right.
• Interfering with security-related features of the Service, including by disabling or circumventing features that prevent or limit use or copying of any content.
• Interfering with the operation of the Service or any user's enjoyment of the Service, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
• Using any data mining, robots, or similar data gathering or extraction methods.

8. Intellectual Property Rights

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Perenexa Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both India and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Perenexa.

9. Suspension & Termination

We may terminate or suspend your account and bar access to the Service 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.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account via the dashboard settings.

10. Warranty Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PERENEXA INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PERENEXA INC., ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS 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, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

IN NO EVENT SHALL PERENEXA'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO PERENEXA FOR THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.

12. Indemnification

You agree to defend, indemnify, and hold harmless Perenexa Inc. and its licensee and licensors, 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), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

13. Governing Law

These Terms shall be governed by and defined following the laws of India, without regard to its conflict of law provisions. Perenexa Inc. and yourself irrevocably consent that the courts of Ahmedabad, Gujarat shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

14. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to this Agreement, including the validity, invalidity, breach, or termination thereof, shall be settled by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat of the arbitration shall be Ahmedabad, Gujarat. The language of the arbitration shall be English.

15. Modifications

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

17. Chargebacks & Payment Disputes

If you dispute a charge through your bank or payment provider ("Chargeback") without first contacting Perenexa to seek resolution, we reserve the right to immediately suspend your account pending investigation.

Initiating a fraudulent or unjustified Chargeback constitutes a material breach of these Terms. You agree that Perenexa may recover all associated costs, including administrative fees, payment processor penalties, legal fees, and collection costs.

This clause does not limit your rights under applicable consumer protection laws.

18. Beta Services

From time to time, Perenexa may offer access to experimental or pre-release features ("Beta Services"). Beta Services are provided for evaluation purposes only.

• May contain errors or defects.
• May be modified or discontinued at any time without notice.
• Are provided "AS IS" without warranties of any kind.
• Are excluded from any service level commitments.

Your use of Beta Services is voluntary and at your sole risk.

19. API License & Usage

If Perenexa provides application programming interfaces ("APIs"), you are granted a limited, revocable, non-exclusive license to access and use the APIs solely to integrate with the Service.

You shall not:

• Exceed reasonable rate limits or attempt to circumvent usage restrictions.
• Reverse engineer, scrape, or extract data beyond authorized access.
• Use the API to replicate or compete with the Service.

We reserve the right to suspend or revoke API access at any time to protect system integrity.

20. Force Majeure

Perenexa shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental actions, internet service disruptions, sanctions, embargoes, or cloud infrastructure outages.

Obligations shall be suspended for the duration of such force majeure event.

21. Export Control & Sanctions Compliance

The Service may be subject to export control and economic sanctions laws of India, the United States, the European Union, and other jurisdictions.

You represent and warrant that:

• You are not located in, under the control of, or a national or resident of any country subject to comprehensive sanctions.
• You are not listed on any government denied-party or restricted persons list.
• You will not use the Service in violation of applicable export laws.

22. Copyright & Intellectual Property Complaints

If you believe that content on the Service infringes your copyright or intellectual property rights, you may submit a written notice including:

• Identification of the copyrighted work claimed to be infringed.
• Identification of the allegedly infringing material.
• Your contact information.
• A statement of good faith belief.
• A statement under penalty of perjury that the information is accurate.

Notices should be sent to: legal@perenexa.com.

23. Service Level Disclaimer

Unless explicitly stated in a separate written agreement signed by Perenexa, we do not guarantee uninterrupted availability, uptime, or performance metrics of the Service.

Any uptime statistics shared publicly are informational and do not constitute binding commitments.

24. Class Action Waiver

You agree that any disputes shall be resolved solely on an individual basis and not as part of any class, collective, consolidated, or representative action.

You waive any right to participate in a class action lawsuit or class-wide arbitration.

25. Severability

If any provision of these Terms is held invalid or unenforceable, such provision shall be modified to reflect the parties' intention, and the remaining provisions shall remain in full force and effect.

26. Entire Agreement

These Terms, together with our Privacy Policy and any additional written agreements, constitute the entire agreement between you and Perenexa regarding the Service and supersede all prior agreements or understandings.