Terms of service


These terms of use (these “Terms”) set forth the legally binding terms and conditions of  your access to and use of any websites, mobile sites, mobile applications, products or services (the “Services”) offered by Restolabs (“Restolabs”, “us”, “our”, and “we”). The “Customer”, “you”, “your” shall refer to any natural person or entity and its authorized users that subscribes or uses the Services. 

By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Limitation on Use: You must be 18 years of age or older to become a member and end user of the Products and Services offered by Restolabs. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. We do not knowingly collect any personal information from individuals under 18. If we learn we have collected or received personal information from a person under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a person under 18, please contact us at support@restolabs.com.  


1. Accounts
Account Creation.
In order to use certain features of the Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site.  

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You agree to immediately notify Restolabs of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  Restolabs  cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.


2. Access to the Services: Subject to these Terms, Restolabs grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own business purposes, in accordance with the Account type you are currently subscribing to.Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions:
(a) you shall not attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law; and
(b) you shall not access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms.Restolabs reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. 
You agree that Restolabs will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof No Support or Maintenance. You acknowledge and agree that Restolabs will have no obligation to provide you with any support or maintenance in connection with the Services except to the extent agreed to in writing excluding any End Users’ Personal Data (defined below) that we may access in the course of providing the Services, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Restolabs. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly described in your plan.



3. End UserPersonal Data:
You acknowledge and agree that as part of the Services we will collect End Users’ Personal Data. You alone shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Personal Data. You hereby grant (and you represent and warrant that you have the right to grant) to Restolabs a nonexclusive, royalty-free and fully paid, worldwide license (with the right to sublicense) to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the End Users’ Personal Data for the purpose of supporting your use of the Services and providing the Services to you.  We hereby agree that we will not sell, license, rent or otherwise share any End User Personal Data with any third party except as necessary in the performance of the Services.Other Data. “Other Data” means any and all information that is not Personal Data, including information derived from Personal Data that is (i) anonymized by removing any personal or other information so the data is in no way attributable to a specific customer or any individual; (ii) combined with the other data; and (iii) presented in a way which does not reveal the End User’s identity. Restolabs shall be entitled (without further compensation to the other) to use, share, market, license, sell, store, and otherwise exploit the Other Data to the maximum extent permitted by law and in any manner it deems appropriate.


4. Acceptable Use Policy: The following terms constitute our “Acceptable Use Policy”:You agree not to use the Services to upload, transmit, display, or distribute any content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding Users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; or (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services).We reserve the right (but have no obligation) to review any content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your content, terminating your Account, and/or reporting you to law enforcement authorities.



5. Disclaimers: THE services are PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND “Restolabs”(AND OUR Vendors) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. Restolabs DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. “Restolabs” IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


6. Indemnification: You agree to indemnify and holdRestolabs(and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms or the policies or agreements which are incorporated herein, (c) your violation of applicable laws or regulations, (d) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality or privacy right or (e) any disputes or issues between you and any third party.  Restolabs reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of Restolabs.  Restolabs will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services. 


7. Limitation on Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Restolabs (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF Restolabs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


8. Term and Termination. This Agreement will continue to apply to you until terminated by either you or Restolabs. However, you acknowledge and agree that the perpetual license granted by you in relation to Customer Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of this Agreement for any reason. We may terminate this Agreement or suspend your access to the Services at any time, including in the event of your actual or suspected unauthorized use of the Services and/or Content, or non-compliance with this Agreement. If you or Restolabs terminate this Agreement, or if we suspend your access to the Services, you agree that we shall have no liability or responsibility to you and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate this Agreement at any time.  Any provision of this Agreement which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of this Agreement. 


Copyright Policy. We respect the intellectual property of others and ask that our Customers do the same.  We have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Customers who are repeat infringers of intellectual property rights, including copyrights.  If you believe that any of the copyrighted material, which is directly available via the Services is unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to Indian Copyright Act c)) must be provided to our designated Copyright Agent with your physical or electronic signature with identification of the copyrighted work(s) that you claim to have been infringed with identification of the material on our services that you claim is infringing and that you request us to remove;sufficient information to permit us to locate such material with your address, telephone number, and e-mail address with a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and 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. Please note that, pursuant to Indian copyright act, any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Restolabs
Attn: Copyright Agent
C-15, sector 65Noida,
India
support@restolabs.com