A. DEFINITIONS AND INTERPRETATION
1. “User” or “You” or “Your” refers to a natural person who has accepted this Agreement in order to download and use the Web-App.
2. Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for.
3. Headings and captions are used for convenience only and not for interpretation of the Agreement.
4. Any reference to a natural person shall, include his/her heirs, executors and permitted assigns and any reference to a juristic person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
B. YOUR APPROVAL
1. You approve of and accept this Agreement by accessing or using the Web-App or any of the content available within the App from any device.
2. You can accept this Agreement only if:
(a) You are of the legal age, eligibility and mental capacity to form a binding contract with Powerbag pursuant to Your use of the Web-App; and
(b) You are not legally barred from using the Web-App.
C. PROVISION OF THE WEB-APP
1. The Web-App is designed to provide You with cross testing of your website on various devices.
2. The Web-App may include links to other mobile applications and/or websites (some of which may be automated search results) which may contain materials that are objectionable, unlawful, or inaccurate. We do not endorse or support these links or the products and services they provide; these links are provided for Your convenience only. We are not responsible or liable for the content or accuracy of such links.
3. In order to provide the Web-App to You, We may request You to register and/or provide information about yourself. We trust that any information provided by You will always be true, accurate, complete and updated.
4. The content displayed on the Web-App is for Your non-commercial and personal use. You are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any content displayed on the Web-App.
5. We may stop provision of the Web-App (or any part of the Web-App), permanently or temporarily, to You or to Users generally or may modify or change the nature of the Web-App and/or these Terms at Our sole discretion, without any prior notice to You. Your use of the Web-App following any such modification constitutes Your deemed acceptance to be bound by the Agreement (or as it may be modified).
D. YOUR AGREEMENT WITH Powerbag
1. A violation of this Agreement may result in a legal liability upon You and that nothing in this Agreement should be construed to confer any rights to any third party. You are responsible for Your conduct and activities while using the Web-App, and for any consequences thereof.
2. If any provision of the Agreement is found to be unenforceable under the applicable law, it will not affect the enforceability of the other provisions of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
3. We may choose to not act with respect to a breach of this Agreement by You or others but this does not mean that We cannot act with respect to subsequent or similar breaches. Our intended or intended failure to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.
E. USING THE WEB-APP
1. This Web-App is available in a free as well as a paid version.
2. You will use the Web-App only for such purposes as is permitted by (a) this Agreement; and (b) any law, regulation or generally accepted practices or guidelines applicable in the country of which You are a citizen, in which You are a resident or from where You use the Web-App.
3. Powerbag also grants You a non-exclusive, non-transferable license to access such content on the Web-App which is owned by Powerbag. For using any content owned by a third party, You still require a license from such third party, We don’t license such content to You and Your use of content owned by a third party is governed by applicable terms and conditions prescribed by such third party.
F. RESTRICTIONS ON YOUR USE
1. You will not use the Web-App or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement.
2. You will not access (or attempt to access) the content provided through the Web-App by any means other than through the Web-App, unless You have been specifically allowed to do so in a separate written agreement with Powerbag.
3. You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Web-App or any component or content thereof, available to third parties.
4. You will not circumvent or disable any digital rights management, usage rules, or other security features of Web-App; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Web-App; and not use the Web-App in a manner that threatens the integrity, performance, or availability of the Web-App.
5. You will not attempt to or engage in any activity that may:
(a) reverse engineer, decompile or otherwise extract the source code related to the Web-App or any part thereof, unless it is expressly permitted by Powerbag to You in writing or is required by the applicable law;
(b) use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Web-App or content thereof;
(c) collect information about users of the Web-App for any illegal or unlawful purpose;
(d) create any user accounts by automated means or under false or fraudulent pretences for using the Web-App;
(e) transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Web-App;
(f) use the Web-App in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Web-App, or interfere with any other third party's use and enjoyment of the Web-App;
(g) carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Web-App or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Web-App or any part of the Web-App or any user of the Web-App;
(h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Web-App; or
(i) obtain any materials or information through any means not intentionally made available, in the opinion of Powerbag, through the Web-App.
6. You will not impersonate another person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any person or entity, including, but not limited to Our officials, employees, agents, partners, affiliates, dealers and franchisees.
1. Your access to the Web-App may be terminated if:
(b) You do not pay the requisite fee, if chosen a paid version.
2. We may have to terminate Your access to the Web-App if:
(a) We are required to do so by law (for example, where the access to and/or provision of the Web-App to You becomes, unlawful);
(b) The third party, if any, with whom We offered the Web-App to You has terminated its relationship with Us or ceased to offer the related services to Us or to You;
(c) The provision of Web-App to You, is no longer commercially viable or feasible for Us; or
(d) You are a repeat infringer of this Agreement.
3. We may terminate this Agreement at any time, with or without notice and may procure disabling Your access to the Web-App and/or barring You from any future use of the Web-App.
4. You may terminate this Agreement at any time by terminating Your access to the Web-App. However, Your certain obligations under this Agreement shall continue to prevail even on such termination.
5. When this Agreement comes to an end, all of the legal rights, obligations and liabilities that You and Powerbag have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.
H. INTELLECTUAL PROPERTY
1. Your use of the Web-App is, and at all times shall be, governed by and subject to the laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by Your use of the Web-App through Your device.
2. Powerbag owns and retains all the intellectual property rights to the summarized content made available to You through the Web-App by Powerbag but does not claim ownership rights to the original sources of information, which are instead held by the sites to which the Web-App may link You.
3. All trademarks, brands and service marks of the Web-App are the property of Powerbag only. Powerbag owns all of the copyrights and database in relation to the Web-App.
4. The Web-App and any underlying technology or software used in connection with the Web-App may contain rights of Powerbag or its affiliates or any third party. For use of any third party’s intellectual property, You may need to get permission directly from the owner of the intellectual property.
5. Any intellectual property which is not specifically mentioned to be owned by Powerbag is owned by their respective owners and the owners have a right to take appropriate actions against You for any violation, infringement or passing off.
6. Powerbag respects the intellectual property rights of others and does not hold any responsibility for any violations of any intellectual property rights by You.
2. You are responsible for maintaining the confidentiality of passwords associated with any device You use to access the Web-App. Accordingly, You are solely responsible for all activities that occur with Your device. If You become aware of any unauthorized use of Your device, You will notify the relevant authorities as soon as possible.
J. LIMITATION OF LIABILITY AND INDEMNIFICATION
1. Your use of the Web-App or any content available thereof is entirely at Your own risk and We shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to Your use of the Web-App.
2. You may terminate Your access to the Web-App if You are not satisfied with the Web-App.
3. You shall defend, indemnify and hold Powerbag, and its officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fee that may result from or alleged to result from (a) Your use of the Web-App; or (b) Your breach of any rules, regulations and/or orders under any applicable law.
4. You are also responsible for any breach of Your obligations under the Agreement and/or for the consequences of any such breach.
5. No refund will be processed under any circumstances.
K. NO WARRANTIES
1. We shall make our best efforts to make the Web-App available to You in the best possible manner. However, We disclaim all warranties in relation to the Web-App, whether express or implied, including but not limited to:
(a) The Web-App being constantly available or available at all;
(b) Installation or uninstallation choices in relation to the Web-App being successfully executed in all cases;
(c) That Web-App will always function without disruptions, delay or errors;
(d) Your personal ability to use the Web-App;
(e) Your satisfaction with the use of the Web-App;
(f) The accuracy of the data provided by the Web-App;
(g) The security and privacy of Your data;
(h) That all bugs or errors in relation to the Web-App will be corrected;
(i) That the Web-App will be compatible with all devices and all networks;
(j) That the Web-App is fit for a particular purpose or use; or
(k) That the Web-App and the contents thereof are accessible in every location.
2. Powerbag, its officers, directors, employees, affiliates and agents and any other service provider responsible for providing access to the Web-App in connection with this Agreement will not be liable for any acts or omissions, including of a third party, and including those vendors participating in Powerbag offerings made to You, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties, or for damages associated with Powerbag, or equipment that it does not furnish, or for damages that result from the operation systems, equipment, facilities or services provided by third parties that are interconnected with Powerbag.
L. GOVERNING LAW AND DISPUTE RESOLUTION
1. The Web-App may be controlled and operated through any country and may be subject to the laws of that country in which they are controlled and operated. If You use the Web-App from any location, then, You are responsible for compliance with the local laws applicable to You.
2. This Agreement shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Delhi, India.
3. You and Powerbag agree that any cause of action arising out of Your use of the Web- App must be commenced within 3 (three) months after the cause of action accrues or You become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action shall be permanently barred.
1. Powerbag may post notices within the Web-App or send you notices on the e-mail address that You may have shared with Us. You will have received such notices within 3 (three) days of Us sending the notice. Your continued use of the Web-App on expiry of such 3 (three) days shall constitute Your receipt and acceptance of the notices sent to You.
1 Payments made on the Web-App in exchange of the services provided will not be refunded under any circumstances
1. The contents provided through the Web-App may include technical inaccuracies or typographical errors. Powerbag may make changes or improvements to the Web-App at any time. The contents or any information available on the Web-App is provided "as is" and “as available” and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. Powerbag does not warrant that the functions contained in the contents will be uninterrupted or error-free, that defects will be corrected, or the servers that make them available, are free of viruses or other harmful components. Powerbag makes no commitment to update the materials on the interface. The above exclusion may not apply to You, to the extent that applicable law may not allow the exclusion of implied warranties. Powerbag shall not be liable for any misuse or data theft as a consequence of Your use of the Web-App.
2. YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU WILL NOT USE THE WEB-APP IF YOU DO NOT UNDERSTAND, AGREE TO BECOME A PARTY TO, AND ABIDE BY ALL THE TERMS SPECIFIED IN THIS AGREEMENT. ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN LEGAL LIABILITY UPON YOU. NOTHING IN THE AGREEMENT SHOULD BE CONSTRUED TO CONFER ANY RIGHTS TO ANY THIRD PARTY OR ANY OTHER PERSON.