TERMS OF USE :

1.SCOPE

WOOBLE SOFTWARE PRIVATE LIMITED, 307(B), Royal Arcade, Raghunathpur, Nandankanan Rd, Patia, Bhubaneswar, Odisha 751024, together with its wholly owned subsidiaries (collectively "WOOBLE") have created, own, and operate multiple websites, (each individually referred to hereunder as an “WOOBLE Website” and collectively “WOOBLE Websites”). The WOOBLE Websites allow you ("You" or "Your") and other WOOBLE software experts, developers, users, and other interested parties (each, a "User" and collectively, "Users") to engage in a variety of activities, such as find information, purchase and/or research WOOBLE and related software and services, obtain support for WOOBLE software and services, share information with WOOBLE and third parties, post comments, blog, provide reviews, vote on prospective features, and engage in conversations and activities related to WOOBLE's products and services. The Websites also include information created and published by WOOBLE (“WOOBLE Materials”) and third parties (“User Content”), such as text, images, photographs, graphics, audio and video, data, code, and software (collectively, the WOOBLE Materials and User Content are referred to as “Content”).

2.ACCEPTANCE OF TERMS

Your access and use of the WOOBLE Websites is subject to and governed by these Terms of Use, also referred to as “TOU”, including any additional or different disclaimers, legal notices, agreements, or terms and conditions that may apply to Your use of or access to any particular WOOBLE Website, WOOBLE Materials, or User Content. If there is a conflict between the terms in this TOU and any additional legal terms, the additional legal terms shall control. This TOU forms a legally binding agreement between You and WOOBLE. By clicking an “I Accept” button as part of a registration process,or attempt to access or use any WOOBLE Website, WOOBLE Materials, or User Content or or otherwise demonstrating your consent to this TOU through a process established by WOOBLE,You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, You should not click the “I Accept” button (or equivalent) or attempt to access or use any WOOBLE Website, WOOBLE Materials, or User Content.

WOOBLE may modify the TOU to reflect changes in WOOBLE’s business, applicable law, or for other reasons deemed necessary by WOOBLE. Changes in the terms of the TOU will be effective when notice of such change is posted, Your continued use ofthe WOOBLE Websites, the WOOBLE Materials, and the User Content after any changes to these TOU are posted will be considered acceptance of those changes.

3.PAYMENT

You will honor your payment obligations. You understand that there may be fees and taxes that are added to our prices. Signing up for a trial WOOBLE account is free. If You buy any of our paid subscriptions (“Initial, Maestro, Royal”), You agree to pay us the applicable fees and taxes and to additional terms specific to the paid subscription.

Failure to pay these fees will result in the termination of Your paid subscription. Also, You agree that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  • WOOBLE may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in Your services and to use to pay other services You may buy.
  • If You purchase a subscription, Your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
  • All of your purchases of services are subject to WOOBLES’s Refund and Cancelation policy.
  • WOOBLE may calculate taxes payable by You based on the billing information that You provide us at the time of purchase.

Third-Party Payment Processing- WOOBLE does not store any card details directly, WOOBLE converts these data using 256 encryption. WOOBLE uses third-party payment processors to process payments, for instance when Users subscribe for paid services. Your use of the website and services of such third-party payment processors is governed by such processor's policies. You authorize WOOBLE and/or third-party payment processors to store and continue billing your specified payment method (e.g credit card) even after such a payment method has expired, to avoid interruptions in Your paid services and to facilitate easy payment for new services. All information that You provide WOOBLE and/or third-party payment processors in connection with a purchase or other monetary transaction must be accurate, complete, and current. You represent and warrant that such information is true and that You are authorized to use the applicable payment instrument.

You can get a copy of Your invoice through Your WOOBLE account settings under “Purchase History” and it will be dropped to your email ID at the time of purchase.

4.NOTICES AND MESSAGES

You are okay with us providing notices and messages to You through our websites and contact information. If Your contact information is out of date, You may miss out on important notices.

You agree that WOOBLE will provide notices and messages to You in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

5.USER CONTENT/LICENSE TO WOOBLE

WOOBLE does not claim ownership of User Content that you post, upload, input or submit to any WOOBLE Website. By posting, transmitting or uploading any User Content, including any article, information, data, code, text, software, documentation, graphic, image, marketing material, video, photograph, message, suggestion, feedback, idea, or posting to any forum, wiki, or blog on any WOOBLE Website, You grant to WOOBLE a perpetual, irrevocable (subject to mandatory data protection requirements), non-exclusive, world-wide, fully-paid up and royalty free license to use such User Content without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. This license includes, without limitation, the irrevocable (subject to mandatory data protection requirements) right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license; to make, have made, offer to sell, sell, lease, or otherwise distribute any User Content or product; and to practice any method, embodying such User Content (including the right to sublicense any of the foregoing).

You represent and warrant to WOOBLE that You have the right, title, and/or authority to grant such license to WOOBLE. WOOBLE may elect not to post or publish User Content that You submit. If WOOBLE elects to post or publish Your User Content, WOOBLE may in its sole discretion withdraw the posted or published User Content for any reason and without notice even if WOOBLE has previously indicated to You that WOOBLE might or will post the User Content You have submitted.

You acknowledge and agree that the relationship between You and WOOBLE is not a confidential, fiduciary, or other special relationship. WOOBLE shall have the right, but not the obligation, to use Your name, likeness, biography and other information about You that You have provided in connection with any use of the User Content You submit, and WOOBLE may continue to use this information after any termination of your account till it completes the legal compliances. Nothing in this TOU shall prohibit or restrict WOOBLE’s right to create or obtain User Content or submissions similar to or competitive with the User Content that You have submitted.

6.PERMISSIBLE USE OF WOOBLE WEBSITES AND CONTENT

The WOOBLE Websites, the WOOBLE Materials, and the User Content are for your commercial use, that is, your use must not be intended for or directed towards monetary compensation. You may not copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, rent, lease, or sell the WOOBLE Websites, WOOBLE Materials, or User Content. You may, however, download, store, and display on your computer or other electronic device, solely to view, listen to, play and print WOOBLE Materials and User Content; provided that: (a) the WOOBLE Materials and User Content may only be used for informational, purposes and will not be copied or posted on any computer network, or otherwise published, broadcast, or distributed in any manner or media; and (b) the WOOBLE Materials and User Content may not be modified or altered in any way, including any copyright notices.

You may NOT use the WOOBLE Websites in any manner that could damage, disable, overburden, or impair any WOOBLE server, or the network(s) connected to any WOOBLE server, or interfere with any other party's use and enjoyment of any WOOBLE Website. You may not attempt to gain unauthorized access to any WOOBLE Website, other accounts, computer systems or networks connected to any WOOBLE server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the WOOBLE Websites.

You agree NOT to use an WOOBLE Website to: publish, upload, post, email, transmit or otherwise make available any User Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property; (f) defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity or business integrity; (g) impersonate any person or entity, including, but not limited to, an WOOBLE official, WOOBLE employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity; (h) forge email headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the WOOBLE Websites; (i) download any file or User Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner; (j) interfere with or disrupt the servers, or networks which support the WOOBLE Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the WOOBLE Websites; (k) violate any applicable local, state, national or international law and any regulations;harvest, collect, or store personal information or data of other users.

7. SERVICE AVAILABILITY

WOOBLE may change or end any service/subscription or modify our prices prospectively.

WOOBLE may change, suspend or discontinue any of our services. WOOBLE may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

WOOBLE doesn't promise to store or keep showing any information and content that you’ve posted. You agree that WOOBLE has no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.

8. TERMINATION OF USE

You agree that WOOBLE may, in its sole discretion, at any time, terminate or limit your access to, or use of, any or all of the WOOBLE Websites or any WOOBLE Material or User Content. In the event You are in material breach of the TOU, WOOBLE may, at its sole discretion, suspend or terminate Your account, delete Your Content from the WOOBLE Website, and refuse You any current or future use of an WOOBLE Website without notice. WOOBLE shall not be liable to You or any third party for any such suspension or termination.

If You wish to terminate your account, you may do so by submitting your request via email to [email protected]. Please note that in the event that you elect to terminate your account, WOOBLE has the right and may elect to continue to post and publish on the Websites personally identifying information associated with User Content that You have posted.

9. WOOBLE CONTACT

WOOBLE is not obligated to evaluate or provide any comments to you regarding User Content that you submit. At WOOBLE’s sole discretion, WOOBLE may contact you with critiques, updates, feedback, status or questions regarding your submission. In no event will any such contact or communication from WOOBLE obligate WOOBLE to adopt your submission, provide a timeframe for evaluation, or even provide any additional communication regarding your submission.

10. CONFIDENTIAL INFORMATION

WOOBLE Websites are intended to be public forums, and You agree not to provide WOOBLE or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Any User Content that You send or upload to an WOOBLE Website will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such User Content.

You agree not to reproduce any Confidential Information to which you are provided access through an WOOBLE Website in any form except as authorized at the time of disclosure. Any reproduction of Confidential Information shall remain the property of WOOBLE or the third party that has prepared such information and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (c) not to disclose any Confidential Information to any party without the prior written consent of WOOBLE or the third party that has prepared such information. You do not acquire any rights in Confidential Information except the limited rights as described herein. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the WOOBLE Software or WOOBLE Websites, or compete with WOOBLE Software or WOOBLE Websites in whole or in part. As used herein, ‘ Confidential Information’ shall mean all trade secrets, intellectual property rights, and other information WOOBLE or third parties protect against unrestricted disclosure to others which is (i) either labeled Confidential and accessed through a restricted or non-public area of an WOOBLE Website or pursuant to software downloads, or (ii) reasonably identifiable as confidential based on the type of information and the manner of its disclosure. As used herein ‘reasonable steps’ means those steps You and/or Your Company take to protect Your own Confidential Information, which shall not be less than the industry standard of care.

ALL USER CONTENT POSTED BY YOU TO AN WOOBLE WEBSITE, WHETHER INTO A PUBLIC FORUM, SHALL BE AT YOUR OWN RISK, AND WOOBLE TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF AN WOOBLE WEBSITE.

11. YOUR INFORMATION,PRIVACY, AND DATA PROTECTION

Some of the WOOBLE Websites require that You become a registered user. Before you can use these Websites, You have to register with WOOBLE and provide WOOBLE with certain information, which may include personally identifiable information, such as your first name, last name, billing address, shipping address and your email address (“Personal Data”). By providing WOOBLE with Personal Data, You expressly agree that WOOBLE may collect, use, store and otherwise process Your Personal Data for the purpose of providing You with access to the Websites and related activities and communications in which You agree to participate.

You are responsible for and agree to provide WOOBLE with complete, true, and current information, including Personal Data, and to keep Your Personal Data accurate and up to date. You can always correct or update Your Personal Data. Furthermore, You may request information about Your Personal Data stored with WOOBLE, or the correction or deletion of Your Personal Data by contacting [email protected]. Please note that if You request the deletion of your account or Personal Data, You might not be able to further access and use the WOOBLE Websites and your User Content.

You are solely responsible with regard to usage and security of Your password and any activities that occur under Your account. You shall not use the account of anyone else at any time. You understand and agree that WOOBLE collects, uses, stores and otherwise processes Your personal information and utilization data.

YOU AGREE TO COMPLY WITH THE TERMS OF THE WOOBLE PRIVACY STATEMENT, WHICH CAN BE FOUND BY CLICKING ON THE ‘PRIVACY POLICY’ LINK AT THE BOTTOM OF EACH WEB PAGE ON WOOBLE WEBSITES.

12. INTELLECTUAL PROPERTY RIGHTS

As used herein, ‘Intellectual Property Rights’ means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.

All Intellectual Proprietary Rights to any WOOBLE Software, the WOOBLE Websites, WOOBLE Materials, and User Content belongs to WOOBLE or the individual or entity that submitted it. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any WOOBLE Software, the WOOBLE Websites, any WOOBLE Materials, or any User Content for any reason, unless otherwise expressly permitted by the TOU or by law. You hereby agree to assign and do assign to WOOBLE (and WOOBLE accepts such assignment) any modifications or derivative works of any WOOBLE Software, the WOOBLE Websites, and WOOBLE Materials made by You in contravention of this limitation without remuneration of any kind.

13. RESPONSIBILITY FOR CONTENT AND LINKS

WOOBLE IS ONLY RESPONSIBLE OR LIABLE FOR THE CONTENT POSTED ON AN WOOBLE WEBSITE TO THE EXTENT REQUIRED BY THE INDIAN LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF CONTENT SHALL BE AT YOUR OWN RISK.

Any Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content. WOOBLE does not represent or endorse the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any Content provided by third parties on an WOOBLE Website. WOOBLE may remove any Content posted on an WOOBLE Website at WOOBLE’s sole discretion, but, if You believe that material that You hold the copyright on is being infringed upon on any WOOBLE website, please notify WOOBLE by sending an email to [email protected]

WOOBLE Websites may contain links to external websites. WOOBLE shall not be responsible for the contents of any linked website, or any changes or updates to such websites. Additionally, WOOBLE shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any software, content, goods or services available on or through any such linked website. WOOBLE does not control and/or review the linked web-pages and the information provided by third parties.

14. TRADEMARKS

The trademark ‘Wooble’, its logo, and other Services Marks and logos owned by and/or licensed to WOOBLE and/or its Affiliates. There will be certain trademarks of third parties; these marks are used for representation purposes only and WOOBLE does not claim any rights over these trademarks.

15. INDEMNITY

You agree to indemnify and hold WOOBLE, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your User Content or Your usage of an WOOBLE Website, Your culpable breach of this TOU, any additional legal terms, or WOOBLEs Privacy Statement, Your unauthorized use of any WOOBLE-owned Intellectual Property, or Your alleged violation of any other rights of a third party.

16. EXCLUSION OF WARRANTIES

WOOBLE Websites and Content are being provided to You “AS IS”. To the fullest extent allowable by law, WOOBLE does not guarantee or warrant any features or qualities of any WOOBLE Website or Content, or give any undertaking with regard to any other quality. Statements and explanations on WOOBLE Websites and Content in promotional material or on WOOBLE Website and/or documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published WOOBLE description of or advertisement except to the extent WOOBLE has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of WOOBLEs management.

17. LIMITATION OF LIABILITY

WOOBLE will not be liable or responsible in any way for any User Content posted on or linked from an WOOBLE Website, including, but not limited to, any errors or omissions in Content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any Content or other material accessed on or through any WOOBLE Website and made available by a third party.

The following applies if You access an WOOBLE Website from outside the European Union:

TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, WOOBLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WOOBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE AN WOOBLE WEBSITE, WOOBLE SOFTWARE, OR WOOBLE MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY WOOBLE SOFTWARE, WOOBLE MATERIALS OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON AN WOOBLE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON AN WOOBLE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO AN WOOBLE WEBSITE OR WOOBLE MATERIALS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY WOOBLE AND IN CASE OF WOOBLE’S STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.

The following applies if You access an WOOBLE Website from within the European Union:

IRRESPECTIVE OF THE LEGAL REASONS, WOOBLE AND WOOBLE’S AFFIALIATES AND SUBSIDIARIES SHALL ONLY BE LIABLE IN THE CASES SET OUT BELOW: ANY MANDATORY LIABILITY UNDER APPLICABLE PRODUCT LIABILITY LAWS; GROSS NEGLIGENCE AND WILFUL MISCONDUCT; PERSONAL INJURY OR DEATH RESULTING FROM WOOBLE’S OR ITS AFFILIATES’ OR SUBSIDIARIES NEGLIGENCE OR WILFUL MISCONDUCT; SLIGHT NEGLIGENT BREACH OF A SIGNIFICANT CONTRACTUAL OBLIGATION (AN OBLIGATION WHOSE COMPLETION ALLOWS FOR A PROPER PERFORMANCE OF THIS TOU AND IN WHOSE COMPLIANCE WITH YOU CAN GENERALLY TRUST). IN THIS CASE, WOOBLE’S OR ITS AFFILIATES’ OR SUBSIDIARIES’ LIABILITY SHALL BE LIMITED TO SUCH DAMAGES WHICH ARE TYPICAL FOR THIS TYPE OF AGREEMENT AND PREDICTABLE AT THE POINT IN TIME OF THESE TO ENTERING INTO FORCE. IN ALL OTHER CASES, NEITHER WOOBLE NOR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS AND SUBCONTRACTORS SHALL BE LIABLE FOR ANY KIND OF DAMAGES OR CLAIMS HEREUNDER.

18. APPLICABLE LAW

This site is controlled, operated and administered by WOOBLE from its offices within Bhubaneswar, Odisha,India. The TOU shall be governed by the laws of the Republic of India without giving effect to its conflict of laws provisions. You agree that the appropriate court in Cuttack, Odisha, India will have the exclusive jurisdiction to resolve all disputes arising under these TOU, and You consent to personal jurisdiction in such a forum.

19. SURVIVAL

Your confidentiality obligations hereunder shall survive termination of Your account. Upon any termination of Your account, or WOOBLE’s written request, You must cease use of Confidential Information, and/or WOOBLE Websites, and return or destroy all Confidential Information in Your possession or control. Clause 8 (TERMINATION OF USE), Clause 10 (CONFIDENTIAL INFORMATION), Clause 11 (YOUR INFORMATION,PRIVACY,AND DATA PROTECTION), Clause 15 (INDEMNITY), Clause 16 (EXCLUSION OF WARRANTIES), Clause 18 (APPLICABLE LAW) and any other clause/provision of the TOU which by their nature are designed to survive termination shall survive any termination or expiration of the terms of this TOU.

20. WAIVER AND SEVERABILITY

The failure of WOOBLE to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be invalid or unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.

21. ENTIRE AGREEMENT

The TOU represents the entire arrangement between the Parties in respect of its subject matter and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to its subject matter. No collateral agreements have been made.