Terms And Condition

Terms of Use

This Terms of Use is last Updated on October 1, 2022.

1. Introduction

These Terms of Service (“Agreement” or “Terms of Service”) are a legally binding agreement between you (the “User,” “you,” or “your”) and AvtarLabs. (“AvtarLabs,” “we,” “us,” “our”). You acknowledge and agree that your use of the AvtarLabs platform for various services hosted on the domain www.avtarlabs.com (collectively the “Platform”) will be governed by this Agreement, our Privacy Policy, and any related terms.

If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at teamavtarlabs@avtarlabs.com.

Your use of our Platform shall constitute your acceptance of this Agreement and to all of the terms and conditions stated under this Agreement and our Privacy Policy referenced herein.

PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION PROVISION 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 AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING AND NAVIGATING THROUGH OUR PLATFORM THROUGH OUR WEBSITE, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS OUR PRIVACY POLICY REFERENCED HEREIN. 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 AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE OUR Platform .

Capitalized terms not defined herein shall have the same meaning ascribed to them under our Privacy Policy.

2. Privacy policy

Our Privacy Policy describes how we handle the personal and business information you provide to us when you register for our Platform . You understand that through your use of our Platform , you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the US, and/or other countries for storage, processing and use by AvtarLabs and our affiliates.

3. Eligibility & access restrictions

To be eligible to use our Platform , you must meet the following criteria and represent and warrant that you:
a. are 18 years of age or older;
b. are not currently restricted from accessing our Platform , or not otherwise prohibited from having an account,
c. are not our competitor, or are not using our Platform for reasons that are in competition with us;
d. will only maintain one registered account at any given time;
e. have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
f. will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and
g. agree to provide at your cost all equipment, browser software, and internet access necessary to use our Platform .

4. Service license

Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Platform to:
a. use our Platform for your use in accordance with this Agreement on any devices owned or otherwise controlled by you strictly in accordance with this Agreement
b. install our extension for your use in accordance with this Agreement on any supported browsers owned or otherwise controlled by you.

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS OR USE OF OUR PLATFORM. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO AVTARLABS FOR THE ABILITY TO ACCESS OR USE OUR PLATFORM.

5. Access and service restrictions

You agree that our Platform, including but not limited to the Website, graphics, trademarks, and editorial content, contains proprietary content, information, and material, which are owned by AvtarLabs and/or our licensors, including our customers, brands and agencies, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of our Platform or in any manner that is inconsistent with the terms contained in this Agreement.

You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Platform , in any manner, and you will not exploit our Platform in any unauthorized way whatsoever, including but not limited to, using our Platform to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use our Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our Platform .

6. Reservation of rights

You acknowledge and agree that our Platform are provided for your use. Except to the extent necessary to access and use our Platform , nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our Platform , whether expressly, by implication, estoppel, or otherwise. AvtarLabs and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

7. Access rights

AvtarLabs website is hosted at https://www.avtarlabs.com. You agree that we have the right to disable your access and use rights, at any time if, in our opinion, you have violated any provision of this Agreement and/or our Privacy Policy. You agree to cooperate with us if the security of our Platform is compromised by you or another person through the use of our Platform. We will not be liable for any loss or damage arising from your failure to comply with this Section.

We collect personal and business information (as set forth in our Privacy Policy), which we need, from you when you register to use our Platform . This information is necessary for us to provide our Platform to you and is stored on our servers to enable us to continue to provide our Platform to you. Upon your written request, we will provide you with a list of all of the Personal Information that we store on you within sixty (60) days of receiving your request. Also, upon your prior written request, we will delete any such information within sixty (60) days of receiving your request. Notwithstanding, please note that, if you ask us to delete all such information, we will not be able to continue to provide our Platform to you. Please send your requests to us at teamavtarlabs@avtarlabs.com.

8. Required conduct and prohibited conduct

As a condition to access our Platform , you agree to this Agreement and to strictly observe the following:

Required Conduct
a. Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
b. Provide accurate information to AvtarLabs and update from time to time as may be necessary;
c. Review our Privacy Policy; and
d. Review and comply with notices sent by AvtarLabs, if any, concerning our Platform .

Prohibited Conduct
a. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Platform (excluding any user content);
b. Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Platform , or any part thereof;
c. Utilize information, content or any data you view on and/or obtain from our Platform to provide any service that is competitive with us;
d. Imply or state, directly or indirectly, that you are affiliated with or endorsed by AvtarLabs unless you have entered into a written agreement with us;
e. Adapt, modify, or create derivative works based on our Platform or technology underlying our Platform , or other users’ content, in whole or in part;
f. Rent, lease, loan, trade, sell/re-sell access to our Platform or any information therein, or the equivalent, in whole or part;
g. Access, reload, or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications;
h. Use manual or automated software, devices, scripts robots, other means or processes to “scrape”, “crawl” or “spider” any web pages contained in the Website;
i. Use automated methods to add contacts or send messages;
j. Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of our Website
k. Attempt to or actually access our Platform by any means other than through the interface provided by AvtarLabs;
l. Attempt to or actually override any security component included in or underlying our Platform ;
m. Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
n. Remove any copyright, trademark, or other proprietary rights notices contained in or on our Platform , including those of both AvtarLabs or any of our licensors;
o. Use any information obtained from our Platform to harass, abuse, or harm another user; or
p. Engage in any action or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive.

9. Avtarlabs communications

You understand and agree that you may receive information from AvtarLabs via email. You hereby consent to receive communications via email. You acknowledge that you may incur additional charges or fees from your wireless provider for these communications, data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not AvtarLabs.

Email Contact. We may send promotional messages about us and our products and services related to our Platform to your email. When you send us a query email at , you are providing us with consent to send emails to you for replying to your queries at your provided email address. By providing your email address, you agree with these Terms of Service and our Privacy Policy.

10. Payment

Our Platform is currently provided to you at a subscription basis. In the event, that we change this in the future, we will communicate such modification to you as per the procedure detailed under Section 19 or as otherwise specified in another agreement between AvtarLabs and you.

11. Indemnification

You agree to indemnify, defend, and hold AvtarLabs and our officers, employees, managers, directors, customers, and agents (the “Indemnitees”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against AvtarLabs and our Indemnitees arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, fraud, or willful misconduct of you or your employees, agents, or contractors; (iii) incorrect information provided by you in your account or elsewhere; or (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.

12. Disclaimers

Your access to and use of our Platform or any content are at your own risk. You understand and agree that our Platform are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Platform or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Platform or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Platform ; and (iv) whether our Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Platform , will create any warranty or representation not expressly made herein.

AvtarLabs DOES NOT REVIEW, VERIFY, REVISE, ENDORSE, OR OTHERWISE APPROVE ANY CONTENT CREATED OR POSTED BY OUR USERS, AND COMMUNICATED TO OTHER USERS OR THIRD PARTIES VIA OUR Platform , BUT AvtarLabs WILL REMOVE CONTENT THAT VIOLATES ANY LAWS OR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL AvtarLabs BE LIABLE IN ANY WAY FOR ANY CONTENT CREATED OR POSTED BY OUR USERS FOR, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH CONTENT. THE CONTENT IS SOLELY CREATED BY OUR USERS, AND AvtarLabs SPECIFICALLY DISCLAIMS ANY AND ALL ROLE WHATSOEVER WITH RESPECT TO THE CREATION OR POSTING OF SUCH CONTENT.

13. Limitation of liability

You acknowledge and agree that, in no event will AvtarLabs be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of this Agreement, or the use of, or the inability to use, our Platform , including, without limitation, any information made available through our Platform pursuant to this Agreement. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed one times (1x) the aggregate of payments received under this Agreement. The foregoing limitation of liability will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury arising from the use of our Platform . Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that AvtarLabs may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of AvtarLabs’s liability will be the minimum permitted under applicable law.

14. Termination

You may terminate this binding legal Agreement with AvtarLabs by providing thirty (30) days prior written notice, with a possible termination charge.

We reserve the right to suspend or terminate your account or cease providing you with access to all or part of our Platform at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated this Agreement or our Privacy Policy, (ii) you create risk or possible legal exposure for AvtarLabs; or (iii) our provision of our Platform to you is no longer commercially viable. We will make reasonable efforts to notify you of such termination by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, this Agreement shall terminate, including, without limitation, your license to use our Platform .

All sections, which by their nature and context are intended to survive the termination of this Agreement, will survive.

15. Copyright infringement/DMCA notice

If you believe that any content on our Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998(“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
a. Your physical or electronic signature;
b. Identification of the copyrighted work(s) that you claim to have been infringed;
c. Identification of the material on our Platform that you claim is infringing and that you request us to remove;
d. Sufficient information to permit us to locate such material;
e. Your address, telephone number, and email address;
f. A statement that you have a good faith that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
g. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

16. Assignment

This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.

17. Anti-bribery and export compliance

You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our Platform in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) our Platform to any destination, person, entity or end-use prohibited or restricted under the US law without prior US government authorization to the extent required by the applicable export control regulations, including without limitation, to any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the Export Administration Regulations or the Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by the applicable regulations.

18. Modifications

We reserve the right, at our sole discretion, to change or modify this Agreement at any time. In the event, we modify the terms of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. We will inform you about the modifications via email, on our Platform by posting a modified version of this page, or by a comparable means within a reasonable time period. Your continued use of our Platform shall constitute your consent to such changes.

19. Relationship of parties

The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. The User has no power or authority to bind AvtarLabs to any obligation, agreement, debt or liability. The User shall not hold itself out as an agent or representative of AvtarLabs.

20. Governing law

This Agreement shall be governed by the laws applicable in the state of Tamil Nadu, India.

21. Third party sites

The Services may contain links or connections to third party websites or services (collectively, “Third Party Services,” and each a “Third Party Service”) that are not owned or controlled by AvtarLabs.
We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service that you visit or utilize.
You acknowledge that your use of such Third Party Services is governed solely by the terms and conditions and privacy policy of such Third Party Services (including, but not limited to, the YouTube Terms of Service located at https://www.youtube.com/t/terms), that by using the Services you agree to be bound by such terms and conditions and privacy policies, and that AvtarLabs does not endorse, is not liable for, and makes no representations regarding Third Party Services, their content, or the manner in which any such Third Party Service uses, stores, or processes

Content and Customer Data.
a. AvtarLabs is not liable for any damage or loss arising from or in connection with your use of or access to Third Party Services and your reliance on the policies, privacy practices, and data security processes of any Third Party Service.
b. AvtarLabs is not responsible or liable for any changes to or deletion of Content or Customer Data by Third Party Services. Certain functions of the Services may depend on the functionality, or the available functionality, of certain Third Party Services.
c. AvtarLabs does not control such functionality, and the functionality of Third Party Services may change without any notice to us
d. AvtarLabs may stop providing access to certain functions of the Services if we determine, in our sole discretion, that the availability and functionality of Third Party Services warrant such cessation of functions
e. AvtarLabs will not be liable to you for any refunds or any damage or loss arising from or in connection with (a) any such change of availability or functionality by any Third Party Services, or (b) any resulting change to the Services.
f. You irrevocably waive any claim against AvtarLabs with respect to such Third Party Services.

22. Miscellaneous

This Agreement along with our Privacy Policy constitutes the entire agreement between you and AvtarLabs and supersedes any prior agreements between you and AvtarLabs with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in this provision, and the other provisions of this Agreement to remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party's failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive.

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