TERMS & CONDITIONS

Last Updated: 01/07/2024

“Dawa.AI” SOFTWARE LICENSE AGREEMENT

This constitute a legally binding agreement pertains to usages and services of the software program, “Dawa.AI” and concerning access to and use of the Dawa.AI website, as well as any other media form, media channel, website, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”) and/or creation of account with on the Site (by choosing any of the options provided, from time to time) for, inter alia, accessing/using Services at the Site.

That “Oabco Innovations Private Limited” which is hereinafter will referred as “Company” had created, developed software program,“Dawa.AI” and its own all the rights pertaining to use of this program, its ancillary applications and associated services which are provide by the Company from time to time.

That any individual, legal entity, that uses this program in entirety or in part thereof will be hereinafter referred as “LICENSOR” which includes the Licensor, his successors, anybody is acting and/or claiming through/under it/him. If Licensor are agreeing to this Agreement not as an individual but on behalf of company, government, or other entity for which it is acting (for example, as an employee of Company/Firm/Organization etc or governmental official), then “Licensor” means that entity and it is an binding entity to this Agreement.

By clicking on the “I agree” (or similar button or checkbox) that is presented to Licensor at the time of Order, or by using or accessing the Software, Licensor indicate his/its assent to be bound by this Agreement. Licensor agree that by accessing the Site, Licensor have read, understood, and agreed to be bound by all of these Terms of Service. If licensor do not agree with all of these terms of service, then licensor is expressly prohibited from using the site and licensor must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby, expressly incorporated herein, by reference. Company reserve the right, in its sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. Company will alert Licensor about any changes by updating the "Last updated" date of these Terms of Service, and Licensor waive any right to receive specific notice of each such change. Please ensure that Licensor check the applicable Terms every time Licensor use Company Site so that Licensor understand which Terms apply. Licensor will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by Licensor continued use of the Site on and from the date such revised Terms of Service are posted.

Company control and operate the Site from Company’s offices in NAGPUR, Maharashtra, India. Company make no representation that the Site is appropriate, lawful, or available for use in any location other than India. As such, if any person chooses to access or use the Site from locations outside India, do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access/ use of the Site from jurisdictions where the content or practices of the Site are illegal, unauthorized, or penalized is strictly prohibited.

USER REPRESENTATIONS

SERVICES

PRIVACY

CONSENT TO COMMUNICATIONS

USER REGISTRATION & CONDUCT

Protection

Upon successfully registering with our Site, Licensor agree to be responsible for ensuring that the user identification and password required for Licensor’s access and use of the Services on the Site are kept safe and confidential. Licensor will promptly notify Company upon discovery if the security of Licensor’s user identification or password may be compromised. Dawa.AI cannot be and will not be liable for any loss or damage arising from Licensor’s failure to comply with this section.

Not an Offer

Unless expressly stated otherwise, no description or information pertaining to the Services offered on the Site shall be construed as an offer by Company or the relevant third party, but may constitute an invitation for Licensor to subscribe/use. Once a request for a Service is placed (whether with Company or with the relevant third party through Company), the same shall be deemed concluded when Company or the relevant third party have accepted Licensor’s request for the same or have provided Licensor with the Service pursuant to Licensor’s request.

User Contributions

Company may provide Licensor with the opportunity to create, submit, post, email, display, transmit, upload or publish content and materials to Company or on the Site, including but not limited to text, writings, invoices, photographs, graphics, comments, suggestions, or personal information and any other material. Contributions may be viewable by Company for research and development purposes. As such, any Contributions Licensor transmit may be treated in accordance with the Privacy Policy of the Site. Licensor acknowledge and agree that Company may generate revenues, increase goodwill, or otherwise increase our value based on Licensor’s use of the Site, and Licensor will have no right to share in this revenue, goodwill or value whatsoever. Licensor further acknowledge that Licensor have no right to receive any income or other consideration from Company with respect to Licensor’s use of the Site and/ or any of Licensor’s Contributions.

Representation and Warranties on Licensor’s Contributions

When Licensor create or make available any Contributions, Licensor, thereby, represent and warrant that:

SUBMISSIONS

Licensor acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site and/ or the Services (“Submissions”) provided by Licensor to Company are non-confidential and shall become our sole property. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to Licensor. Licensor, hereby, waive all moral rights to any such Submissions, and Licensor, hereby, warrant that any such Submissions are original with Licensor or that Licensor have the right to submit such Submissions. Licensor agree there shall be no recourse against Company for any alleged or actual infringement or misappropriation of any proprietary right in Licensor’s Submissions.

INTELLECTUAL PROPERTY RIGHTS

PROHIBITED ACTIVITIES

SITE MANAGEMENT

Company reserve the right, but not the obligation, to: (A) monitor the Site for violations of these Terms of Service; (B) disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances determined by Company in our sole discretion; (C) with or without prior notice, suspend or terminate Licensor’s account if activities occur on Licensor’s account which, in our sole discretion, would or might constitute a violation of these Terms, cause damage to or impair the Services, infringe or violate any third-party rights, damage our reputation, or violate any applicable laws or regulations; (D) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (E) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) Licensor’s ability to use any of our Services or any portion thereof; (F) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (G) otherwise manage the Site in a manner designed to protect our, our members, and third party rights and properties and/ or to facilitate the proper functioning of the Site.

TERM AND TERMINATION

MODIFICATIONS AND INTERRUPTIONS

DISCLAIMER

LIMITATIONS OF LIABILITY

INDEMNITY

To the fullest extent permissible by law, Licensor agree to defend, indemnify, and hold Company harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, without limitation, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(A) use of the Site and/ or the Services;
(B) breach of these Terms of Service;
(C) any breach of Licensor’s representations and warranties set forth in these Terms of Service;
(D) Licensor’s violation of the rights of a third party, including but not limited to intellectual property rights; and/ or
(E) any overt harmful act toward any other user of the Site with whom Licensor connected via the Site.
Notwithstanding the foregoing, Company reserve the right, at Licensor’s expense, to assume the exclusive defence and control of any matter for which Licensor are required to indemnify Company, and Licensor agree to cooperate, at Licensor’s expense, with our defence of such claims. Company will use reasonable efforts to notify Licensor of any such claim, action, or proceeding, which is subject to this indemnification upon becoming aware of it.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. Company reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

GOVERNING LAW AND JURISDICTION

GENERAL

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