TERMS AND CONDITIONS WITH END USER LICENSE AGREEMENT (EULA)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, WHICH COVER THE END USER LICENCE AGREEMENT(EULA) to governs your use of the Application, their associated upgrades, patches, and updates and related services (“Product”) currently provided or which will be provided by TECHIFY SOLUTIONS PRIVATE LIMITED, or any one of its subsidiaries or affiliated companies (collectively referred to as the “Company”).

The Application product licensed under this Agreement is currently branded as AI CardVault (the “Product”), owned and operated by Techify Solutions Pvt. Ltd. Certain terms may vary based on the End User’s jurisdiction, subject to applicable law.

This EULA sets out the basis on which the company makes the Products available to you (“User” or “You”) and on which You may use them. Company’s Privacy Policy (« Privacy Policy ») forms an integral part of this EULA. By installing or using the Product, you agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all time. If You do not agree with one of these, please do not install or use the Product.

If You have any other document and/or agreement with company having certain conflicting terms, the terms mentioned in this EULA shall supersede. Company reserves the right to change, modify, add or delete articles in this EULA at any time, at is sole discretion.

1. PRODUCT LICENSE (To be read with Annex B).

1.1 LICENCE GRANT. This agreement (this “Agreement”) between Company, having its registered office at: 716, Binori Bsquare 3, Sindhubhavan Road, Bodakdev, Ahmedabad – 380054, Gujarat, India , and the individual or legal entity that logs in and uses the Company’s mobile application or Ai CardVault (“End User” and/or “You”), is effective on the date You use the application, or when You click “I Agree” or otherwise indicate acceptance of this Agreement (the “Effective Date”).

Subject to the terms of this Agreement, Company grants to End User, during the License Term (as defined below), a non-exclusive, non- transferable, non-sub-licensable right and license to use the Company’s proprietary Application and related documentation, whether in mobile, web-based, for which the subscription may or may not have been taken by end user (now known and addressed as the “Product”) for the intended purposes of the Application and End User’s internal business purposes only. The “License Term” begins on the Effective Date and shall continue for so long as the End User continues to use or access the Product, unless earlier terminated in accordance with this Agreement.

This Agreement supersedes any other agreement between Company and End User with respect to the Application. The End User shall not resell, sublicense, or commercially exploit the Application or any extracted data as a standalone product. The Application shall not be used for unlawful surveillance, unsolicited bulk communication, or violation of event organizer policies. The license granted to you under this Agreement is personal, non-exclusive, non-transferable, and non-assignable. You shall not sell, resell, sublicense, rent, lease, distribute, transfer, or otherwise commercially exploit the Product, any license, access credentials, credits, or any part thereof, whether for consideration or otherwise, without the Company’s prior written consent.

1.2 EVALUATION USE. The Company provides access to its application and related services on a subscription basis, pursuant to which the Customer may opt for either monthly or annual subscription plans, as made available from time to time. Access to the application is granted through a secure, login-based authentication system and does not involve the issuance or delivery of any physical or digital license keys, as applicable in traditional Application distribution models.

The Customer is granted a limited, non-exclusive, non-transferable, and revocable right to access and use the application during the valid subscription term, strictly in accordance with the terms of this Agreement and the selected subscription plan. The Company shall have the right to terminate, downgrade, limit or otherwise modify the Application at any time without notice or compensation, and no warranty, indemnity, availability, Maintenance or Support obligations of Company will apply to application.

1.3 MAINTENANCE AND SUPPORT. “Support” is defined as Company’ obligations to respond to support requests as described during project presentation and as may be declared by company in user manuals or otherwise from time to time. “Maintenance” has the meaning as notified in the company’s offerings from time to time. The company under the maintenance shall help in fixing the minor functional defects not materially impacting core usage if any, however the same shall be addressed at sole discretion of company.

Company will provide Maintenance and Support for the Application to you regardless of free of paid version of the application, but for free version of the Application, maintenance and support shall be provided strictly on a best-effort basis, at the sole discretion of the Company. The Company does not guarantee any response time, resolution, or availability of Support for such free or trial users.

For users who have subscribed to a paid or premium version of the Application, and subject to timely payment of all applicable subscription or usage fees, the Company shall provide Maintenance and Support for the duration of the applicable paid subscription period. Maintenance shall include reasonable efforts to address minor functional defects not materially impacting core usage; however, the determination of whether an issue constitutes a bug, and the manner, timeline, and priority of fixing such bug, shall remain at the sole discretion of the Company. Maintenance and Support shall automatically terminate upon the expiry or termination of the End User’s paid subscription or upon termination of this Agreement for any reason. The Company reserves the right to modify, suspend, or discontinue Maintenance and/or Support offerings, in whole or in part, at any time, provided that such changes shall not materially and adversely affect paid subscribers during an active subscription period.

1.4 EXPORT. The Application, Documentation and Product are subject to local and extraterritorial export control laws and regulations. Each party will comply with such laws and regulations governing use, export, re-export, and transfer of the Application, Documentation and Product and will obtain all required local and extraterritorial authorizations, permits or licenses, if any.

The End User acknowledges and agrees that all data generated, uploaded, processed, or stored through the Application or website, including personal data and business information, is hosted and processed on cloud servers located in the United States of America or such other jurisdictions as may be determined by the Company from time to time. By accessing the Application or website and/or by clicking “I Agree” or otherwise indicating acceptance of this Agreement, the End User expressly consents to such cross-border transfer, storage, and processing of data, including outside India. Cross-border transfers shall be subject to appropriate safeguards as required under applicable data protection laws.

The End User represents and warrants that its access to and use of the Product, and the transfer of any data through the Product, does not violate any applicable export control, data protection, or foreign trade laws, including restrictions imposed under Indian law. The Product may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which is not permissible under Indian Laws. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

2. FEES.

2.1 PRICING. The Product is offered under a free version and one or more paid versions, as made available by the Company from time to time.

(a) Free Version- Access to the free version of the Application is provided without charge and is subject to feature and usage limitations as described in Annexure A (Scope of Work). The Company reserves the right to modify, restrict, or discontinue the free version at any time.

(b) Paid Subscription Plans- The paid version of the Application is available under monthly and annual subscription plans, each of which provides enhanced or unlimited access to usage credits, subject to the terms of this Agreement and Annexure A. All subscription fees are payable in advance for the selected subscription period. Subscription access shall commence only upon successful receipt of payment by the Company. There is no automatic renewal or auto-debit facility (As of now). Upon expiry of the applicable subscription period, the End User must manually renew the subscription to continue access to paid features. Failure to renew shall result in automatic downgrade to the free version, subject to applicable limitations.

(c) Credit Purchases (Top-Up / Bundles)- In addition to subscription plans, the Company may offer the option to purchase usage credits on a standalone basis (“Credit Bundles”) for a fee as displayed within the Application or on the Company’s website. Credits purchased under such bundles shall be subject to pricing, validity, and usage terms as communicated at the time of purchase and as set out in Annexure A. All credits, whether included with a subscription or purchased separately, are non-transferable, non-refundable, and may be subject to expiry or lapse conditions as specified in Annexure A. The Company reserves the right to revise subscription fees, credit pricing, or plan structures at any time. Any such changes shall apply prospectively and shall not affect already paid and active subscription periods.

2.2 PAYMENTS. All fees payable under this Agreement shall be paid in advance, in the manner and through the payment methods made available by the Company from time to time. Payment obligations are non-cancellable, and all amounts paid are non-refundable, except as expressly required under applicable law. The Company reserves the right, without liability, to suspend or restrict access to the paid version of the Application if payment is unsuccessful, incomplete, or reversed, or if the applicable subscription period expires without renewal. If the End User purchases subscriptions or credits through a third-party platform, app store, or authorized payment intermediary, the payment terms, refund policies, and billing mechanics of such third party shall apply in addition to this Agreement.

3. CONFIDENTIALITY

3.1 SCOPE AND RESTRICTIONS. “Confidential Information” means all information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”) that is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential due to the nature of the information and the circumstances surrounding the disclosure.

The Receiving Party will: (a) not use the Disclosing Party’s Confidential Information for any purpose outside of this Agreement; (b) not disclose such Confidential Information to any person or entity, other than its affiliates, employees, consultants, agents and professional advisers who have a “need to know” for the Receiving Party to exercise its rights or perform its obligations hereunder, provided that such affiliates, employees, consultants, and agents are bound by agreements or, in the case of professional advisers, ethical duties respecting such Confidential Information in accordance with the terms of this clause 3; and (c) use reasonable measures to protect the confidentiality of such Confidential Information. If the Receiving Party is required by applicable law or court order to make any disclosure of such Confidential Information, it will first give written notice of such requirement to the Disclosing Party, and, to the extent within its control, permit the Disclosing Party to intervene in any relevant proceedings to protect its interests in its Confidential Information, and provide cooperation to the Disclosing Party in seeking to obtain such protection.

3.2 Clause 3.1 will not apply to information that the Receiving Party can document: (a) was rightfully in its possession or known to it prior to receipt without any restriction on its disclosure; (b) is or has become public knowledge or publicly available through no fault of the Receiving Party; (c) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (d) is independently developed by employees of the Receiving Party who had no access to such information.

3.3 EQUITABLE RELIEF. The Receiving Party acknowledges that unauthorised disclosure of the Disclosing Party’s Confidential Information could cause substantial harm to the Disclosing Party for which damages alone might not be a sufficient remedy and, therefore, that upon any such disclosure by the Receiving Party the Disclosing Party may seek appropriate equitable relief in addition to whatever other remedies it might have at law or equity.

3.4 ACCESS TO PRODUCT. Restrictions of age may be imposed to access online services and features in compliance with local laws. Company may in no case be held responsible for reduced user comfort. Our App is a web-based product for computer and no installation is required. It works fine with popular browsers like Google Chrome, Microsoft edge, Firefox Mozilla, however advance version and normal screen size are the best suited. For mobile, app through authorized source is required (example Google Play store or Apple app store).

3.5 CHANGES TO THE PRODUCT. Company reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on company’s website. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may immediately withdraw from the product’s further usage without any demand for the refund or otherwise wherein the agreement shall be stated and acknowledged to be have been mutually terminated and end user must immediately uninstall the Product and destroy all copies of the Product.

Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes. COMPANY may update, replace, or modify AI models or processing logic or Product for any reason or without any specific reason, without notice at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that COMPANY may stop to support previous versions of the Product upon availability of an updated version.

COMPANY’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. COMPANY also reserves the right to amend the Rules of Conduct to place limits on the use of the Product.

4. PROPRIETARY RIGHTS.

Company and its suppliers own and shall retain all intellectual property rights, in and to the Application and the results of any Services. All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, data fields, videos, audio-visual effects, domain names, AI workflows, prompt engineering, model orchestration logic and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by Company or its licensors.

This Product may contain certain licensed materials and, in that event, Company’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without Company’s prior permission and, if applicable, Company’s licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by Company. This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.

5. DATA PROTECTION.

For the purposes of applicable data protection laws, the End User acts as the Data Controller and the Company acts as a Data Processor with respect to personal data processed on behalf of the End User. The Parties shall comply with all applicable data protection and privacy laws in force in India from time to time.

The End User acknowledges and agrees that, by accessing or using the Application, website, and/or by clicking “I Agree”, the End User provides free, specific, informed, unconditional, and unambiguous consent for the collection, processing, storage, and transfer of personal data and business information in accordance with this Agreement and the Company’s privacy policy, including cross-border transfer and storage of data on cloud servers located outside India, including in the United States of America.

The Company shall implement reasonable technical and organizational measures to protect personal data against unauthorized access, disclosure, alteration, or destruction. Notwithstanding the foregoing, the Company shall not be responsible for any data loss or breach arising from factors beyond its reasonable control, including third-party cloud service providers, force majeure events, or actions of the End User.

The End User represents and warrants that it has obtained all necessary consents and authorizations from any third party whose personal data is uploaded, stored, or processed through the Application, and shall indemnify the Company against any claims arising from breach of this obligation. All user data processed, transmitted, or stored in connection with the Product shall be encrypted at rest and in transit using commercially reasonable encryption standards. The Company implements appropriate technical and organizational security measures designed to protect data against unauthorized access, loss, or misuse; however, no system or method of transmission can be guaranteed to be completely secure.

6. TERM AND TERMINATION.

The term of this Agreement shall commence on the Effective Date and shall continue in effect until terminated in accordance with the terms of this Agreement (the “ Term ”). For End Users accessing the paid version of the Application, the Term shall be linked to the applicable active subscription period. For End Users accessing the free version, the Term shall continue for so long as the End User uses or accesses the Application.

Either party may terminate this Agreement upon written notice if the other party commits a material breach of this Agreement and fails to cure such breach within thirty (30) days from receipt of written notice thereof. Notwithstanding the foregoing, the Company may terminate this Agreement and/or suspend or terminate the End User’s access to the Application immediately, without prior notice, in the event of the End User’s breach of this Agreement, misuse of the Application, violation of applicable law, non-payment of fees, or use of the Application in a manner that may cause harm to the Company, other users, or third parties.

Either party may terminate this Agreement with immediate effect upon written notice if the other party becomes insolvent, enters liquidation, suspends payment of its debts, or becomes subject to any bankruptcy or similar proceedings.

Upon expiry or termination of this Agreement for any reason: (a) all rights and licenses granted to the End User under this Agreement shall immediately cease, and the End User shall discontinue all access to and use of the Application; (b) any paid subscription shall automatically terminate, and the End User’s account may be downgraded to the free version or permanently deactivated, at the Company’s discretion; (c) all usage credits, subscription entitlements, and access rights shall immediately lapse without compensation; and (d) each party shall destroy or permanently delete the other party’s Confidential Information in its possession or control, except where retention is required by applicable law.

All fees paid under this Agreement are non-refundable, and no refunds, credits, or pro-rata adjustments shall be provided under any circumstances, including upon termination, suspension, expiry, downgrade, or non-renewal of the subscription, except as mandatorily required under applicable law. The provisions which by their nature are intended to survive termination, including but not limited to confidentiality, data protection, limitation of liability, indemnity, governing law, and dispute resolution, shall survive termination of this Agreement. Following termination, limited data export may be permitted subject to the End User’s subscription plan and applicable law.

7. WARRANTIES.

7.1 LIMITED WARRANTY. Company warrants that during the first 30 days following the date the user first purchases or activates a paid subscription of the Application, the Application will, in all material respects, conform to the functionality described in the then-current Documentation for the applicable Application version. Company’ sole and exclusive obligation, and End User’s sole and exclusive remedy, for a breach of this warranty shall be that Company shall be required to repair or replace the Application to conform in all material respects to the Documentation, and if Company is unable to materially restore such functionality within 30 days from the date of written notice of such breach, End User may terminate the license to the affected Application upon written notice End User must notify Company in writing of any warranty breaches within such warranty period, and End User must have installed and configured the Application in accordance with the Documentation to be eligible for the foregoing remedy.

THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION.

7.2 WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. You expressly acknowledge that use of the product is at your own risk. To the fullest extent permissible under applicable law, the product is supplied on an “as is” and “as available” basis. Company and Company’s licensors, channel partners and associated service providers do not make and hereby disclaim any guarantees, conditions, warranties of any kind, express, implied or statutory or other terms including as to: (a) its conformity, accuracy, correctness, completeness, reliability or security (b) its suitability for a particular use; (c) implied warranties of title, non-infringement; (d) its market value; or (e) your satisfaction.

Company does not warrant that the product will be uninterrupted or error-free, that defects will be corrected, or that the product is free of viruses or other harmful components. You assume all responsibility for selecting the product to achieve your intended results, and for the installation of, use of, and results obtained from the product.

Disclaimer: AI-generated outputs during Beta may be incomplete, inaccurate, or experimental. Company makes no warranty regarding accuracy of AI-generated insights. To the fullest extent permissible under applicable law, in no event will Company, Company’s licensors, channel partners and associated service providers be liable for loss or damage suffered in connection with the use of the product or any related third party service. This includes without limitation (a) all losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise, (b) direct loss; (c) accidental loss, (d) incidental loss, (e) consequential loss, (f) indirect loss (g) Punitive losses and/or (h) anticipated losses.

Notwithstanding anything to the contrary, the total aggregate liability of the Company for all claims arising under or in connection with this Agreement shall not exceed the total amount actually paid by the End User to the Company for the Application during the 3 (Three) months immediately preceding the event giving rise to the claim For purposes of this section, Company’s licensors, channel partners and associated service providers are third party beneficiaries to the limitations of liability specified herein and they may enforce this eula against you. Other than as set out in clause 7.1, all other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this Agreement, whether by statute, common law or otherwise, are hereby excluded.

The Application is not fault-tolerant and is not designed or intended for use in hazardous environments, including without limitation, in the operation of aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles or weaponry systems, or any other application in which failure of the Application could lead to death or serious bodily injury of a person, or to severe physical or environmental damage (each, a “High Risk Use”). Company expressly disclaims any express or implied warranty or representation of fitness for High Risk Use. Company shall not be liable to End User for any loss, damage or harm suffered by End User that is directly or indirectly caused by End User’s unauthorized use of the Application to process Prohibited Data.

8. INDEMNITY.

You are solely responsible for any damage caused to the Company, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your usage of this product and/or violation of this EULA. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED COMPANY AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. Company reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify Company. The provisions of this Section shall remain in force after termination of this EULA.

9. FORCE MAJEURE.

Except for payment obligations, neither party hereto will be liable for defaults or delays due to acts of God, or the public enemy, acts or demands of any government or governmental agency, fires, earthquakes, floods, other natural disasters, accidents, or other unforeseeable causes beyond its reasonable control and not due to its fault or negligence.

10. DATA COLLECTION.

Subject to Company’ compliance with data protection laws applicable to it, End User acknowledges and consents that Company may collect, process, store, and use certain information generated through the End User’s access to and use of the Application, website, and related services, which the Company may use for its internal business purposes. In order to provide You with a better experience, adapted services and Product support, COMPANY may collect and store data about You in relation to Your use of the Product, Your connection information and/or other relevant details. Certain data is recorded, archived, analyzed and used to create user statistics. Your privacy is very important to COMPANY and COMPANY will not reveal Your personal data to third parties except when expressly authorised by You to do so or in special circumstances.

COMPANY may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect COMPANY’s rights and those of other users and third parties. COMPANY reserves the right to collect, store and use anonymous data about You. For further information concerning COMPANY’s use of Your personal data, please refer to the Privacy Policy. The information collected may contain the following, without limitation: mobile device unique identity or other device identifiers and settings, carrier, operating system, localization information, date and time spent on the Product, and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information.

The analytics tools and ad serving technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information and may combine the information collected on other company’s Products and services with information collected from other third party websites and mobile products and services and with demographic, advertisement, market and other analytics surveys. You provide your consent for all the above including the storing, transmission of such information to any 3rd countries, processing the data etc., but not limited to The End User expressly acknowledges and consents that data collected may be stored and processed on servers located outside India, including in the United States of America, and that such cross-border data transfer is an integral part of the Application’s operation.

By accessing the Application or website and/or clicking “I Agree”, the End User provides free, specific, informed, unconditional, and unambiguous consent for the collection, storage, processing, analysis, and cross-border transfer of such data in accordance with this Agreement and the Company’s Privacy Policy. For further details regarding the Company’s data handling practices, including data retention, security safeguards, and End User rights, the End User is advised to review the Privacy Policy, which forms an integral part of this Agreement. This clause shall be read together with Clause 5 and the Privacy Policy.”

11. ASSIGNMENT.

End User may not assign this Agreement without the prior written approval of Company and any purported assignment in breach of this clause shall be void. Company may at its discretion assign, transfer, subcontract, novate or otherwise dispose of any or all of its rights, obligations and liabilities under this Agreement and/or any associated rights to assign this Agreement in whole or in part. End User shall, at Company’ request, promptly, and in any event within 15 days, enter into a novation agreement in such form as Company shall reasonably specify in order to enable Company to exercise its rights pursuant to this clause. Upon any assignment of this Agreement by End User that is approved by Company, any licenses that contain an “unlimited” aspect will, with respect to End User or the successor entity, as applicable, be capped at the number of authorised Application units in use immediately prior to such assignment.

12. THIRD PARTY RIGHTS.

A person who is not a party to this Agreement, shall not have any rights under the Contracts Act and any other applicable laws.

13. SEVERANCE.

If any provision of this Agreement (or part of any provision) is held to be void or otherwise unenforceable by any court of competent jurisdiction, such provision (or part) shall, to the extent necessary to ensure that the remaining provisions of this Agreement are not void or unenforceable, be deemed to be deleted and the validity and/or enforceability of the remaining provisions of this Agreement shall not be affected.

14. ENTIRE AGREEMENT.

14.1 This Agreement and its exhibit, together with the Order Form(s) and any statements of work incorporating this Agreement, if applicable, represent the entire agreement between the parties in respect of its subject matter and supersedes and extinguishes all prior negotiations, arrangements, understanding, course of dealings, Business Value Assessments, Joint Success Plans, or agreements made between the parties in relation to its subject matter, whether written or oral.

14.2 Neither party has been given, nor entered this Agreement in reliance of, any warranty, statement, promise or representation other than those expressly set out in this Agreement.

15. GOVERNING LAW AND JURISDICTION.

15.1 This Agreement and any issues, disputes or claims (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of India exclusively.

15.2 The parties agree that the courts of Ahmedabad, Gujarat, India shall have sole and exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) that arises out of or in connection with this Agreement or its subject matter or formation. Notwithstanding the foregoing, Company may bring proceedings in the courts of any other state which have jurisdiction for reasons other than the parties’ choice, for the purpose of seeking: (a) an injunction, order or other non-monetary relief (or its equivalent in such other state); and/or (b) any relief or remedy which, if it (or its equivalent) were granted by the courts of India would not be enforceable in such other country.

16. MISCELLANEOUS.

16.1 The rights and remedies of the parties hereunder will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity.

16.2 The person signing or otherwise accepting this Agreement for each party represents that s/he is duly authorised by all necessary and appropriate corporate action to enter this Agreement.

16.5 End User agrees that Company may refer to End User by its trade name and logo, and may briefly describe End User’s business, in Company’ marketing materials and website.

16.6 This Agreement may be executed in any number of counterparts, each of which when executed and delivered (including delivery of an electronic copy) shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.

16.7 Company may give notice to End User by electronic mail to End User’s email address on record in End User’s account information or by letter sent by first class mail, pre-paid post or airmail to End User’s address on record in End User’s account information. End User may give notice to Company at any time by letter sent by first class mail, prepaid post or airmail to Company at the following address, or such other address as may be notified to End User from time to time: 716, Binori Bsquare 3, Sindhubhavan Road, Bodakdev, Ahmedabad – 380054, Gujarat, India Attention: Legal Department. Notice under this Agreement shall be deemed given: (a) when received, if personally delivered; (b) when receipt is electronically confirmed, if transmitted by email; (c) the next business day after it is sent, if sent by first class postage prepaid post; (d) five business days following postage if sent by pre-paid airmail; and (e) upon receipt, if sent by certified or registered mail, return receipt requested.

16.8 This agreement being an electronic agreement which shall now be deemed as accepted and executed upon installation of this stated product. Both parties agree that this agreement shall be considered as signed and accepted by both parties with their full mutual consent and without any undue influence of any 3rd party and/or any intoxicating substance.