Terms & Conditions

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The following terms and conditions, as well as any future modifications (the “Terms”), are a contract between you or your company (“you” or “your”) and Hejtech OPC (Pvt. Ltd) (“Grid,” “we,” “us,” or “our”) governing your use, and Grid’s provision, of the Services (as defined below). By using Grid’s software applications, application programming interfaces, Grid Webhooks, communication services, networks, and websites, including, but not limited to www.Gridapp.com, Gridapp.helprace.com, (collectively, the “Services”), you acknowledge that you have read, understood, accept and agree to be bound by the most recent version of these Terms.

You may review the most current version of the Terms at any time on the Grid website at https://Gridapp.com/terms (“Term Page”). Grid reserves the right to update and change the Terms from time to time without notice, effective immediately, by posting the updated Terms on the Term Page. Your continued use of the Services after the revision date of any such changes shall constitute consent to such changes. You agree to review the Terms periodically to be aware of any such revisions. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms.

If you elect to enable additional functionality or features made available through the Services (“Additional Features”), you may be presented with additional terms related to the use of such Additional Features (the “Additional Terms”). By using the Additional Features, you agree and accept the Additional Terms. In the event of a conflict between these Terms and the Additional Terms, the Additional Terms shall govern.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE, OR CEASE YOUR USE OF, THE SERVICES.

1. Grant of Limited License

Subject to your compliance with the Terms including, without limitation, maintaining your registration with current and accurate information and the prompt payment of applicable fees, Grid hereby grants you a non-exclusive, non-transferable, revocable, worldwide license to access and use the Services to communicate with your end-users (“End Users”). All rights not expressly granted to you are reserved by Grid and its licensors.

Without explicit permission from Grid, you may not:

2. End Users

Access to the Services by an End User shall be governed by your End User terms of service (“Your Terms”), provided that you shall be responsible for ensuring that, as between an End User, you and Grid: (i) Grid will at all times retain ownership of all of its intellectual property (as further described in the Section entitled “Grid’s Intellectual Property Rights” below) and End Users are granted no rights to such intellectual property, (ii) Grid makes no direct or implied warranties to End Users, (iii) you shall not make any representation or warranties to End Users with respect to the Service, other than the representation that you have the necessary rights to allow End Users to use the Service, (iv) Grid is the direct and intended beneficiary of Your Terms, and (v) Grid will not be liable in any way to End Users, either directly or indirectly. As between Grid and you, you are responsible for ensuring that End Users do not communicate information in violation of law using the Service, and for advising them against transmitting sensitive information using the Service, including but not limited to health/medical information or personally identifiable information of minors.

3. Fees

Grid reserves the right to charge fees for your use of the Services, as described during the account registration process or when making changes to your account plan (“Subscription”). You agree to pay such Fees in accordance with the terms set forth in such account registration or change to account plan.

All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties associated with your use of the Services, other than on Grid’s income. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you herein.

Grid reserves the right, in Grid’s sole discretion, to change published prices without notice. Furthermore, we reserve the right to change the Fees for the Services tied to your account upon thirty (30) days advance notice of the applicability of such change to the Fees and shall not apply to Fees already charged to your account.

If you purchase a subscription through Grid Premium, your subscription will continue indefinitely until canceled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing until you cancel. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, you must do this through your mobile device platform (e.g., iTunes, Google Play) to avoid additional billing. Please review iTunes Unsubscribe and Google Play Unsubscribe on Grid’s Help Desk and follow the instructions to cancel your subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

You may edit your Payment Method information through your mobile device platform (e.g., iTunes, Google Play). If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the India, you agree that your payment to Grid will be through Razorpay pvt. ltd.

4. Modifications to the Services

Grid reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Grid shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

5. Account Restrictions

You must be legally able to enter into these Terms in your jurisdiction, such as being older than the minimum age of consent to enter into contracts.

You must be a natural person or a natural person representing a company, association, or other organization. Accounts registered by “bots” or other automated methods are in violation of these Terms and will be immediately terminated.

You must provide a valid email address and truthfully provide any other information requested in order to complete the signup process (“Registration Data”) and provide prompt updates to the Registration Data in the event of any changes.

You must not impersonate nor misrepresent your identity or affiliations with other persons or entities.

You are responsible for maintaining the security of your account and password. Grid shall not be liable for any loss or damage from your failure to comply with this security obligation. You are liable for any acts or omissions made using your login and password.

You must not intentionally and maliciously disrupt the reasonable enjoyment of others using the Service.

If your use of the Services causes undue stress on the Services and the systems running the Services, Grid reserves the right to limit or disable your access to the Services without notice.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, employee, member, or officer of Grid will result in immediate account termination.

You may not forge or manipulate headers, data, or network protocols to disguise the origin of Content or otherwise disrupt the intended use of the Services.

6. Content Restrictions

You are responsible for all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages posted, received or sent through the Services (collectively “Content”) and for all activity that occurs under your account, whether done so by you or any End User of the Service who is chatting with you.

We have the right, but not the obligation, to remove Content that we determine in our sole discretion to be “Offensive Content” as defined below. We also have the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such Content or engages in unacceptable behavior on or through the Services.

Grid does not warrant that the Content will be accessible or transferable on the Services either for short term or long term use. To the extent any Content is available for use through the Services, you agree to only use such Content for internal purposes only to address the End User’s needs.

We cannot control all Content posted by third parties to the Services. You agree to use the Services at your own risk. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Grid be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. If you would like to report objectionable materials, you may contact us at support@Gridapp.com.

You may not post any unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable Content, or Content that violates any of these Terms (“Offensive Content”). Examples of such Offensive Content include, but are not limited to:

Grant of License. You represent that you have the authority to and do hereby grant to Grid a non-exclusive, irrevocable license to use the Content made available through the Services to the extent necessary to provide the Services (the “Content License”). Such Content License includes, without limitation, the right to reproduce, compress, transfer, and distribute the Content internally and with third-party service providers to the extent necessary to enable transmission of and access to the Content through the Service.

7. Grid’s Intellectual Property Rights

The Services are protected by copyright, trademark, and other laws of India and foreign countries. Except as expressly provided in the Terms, Grid, its suppliers, and licensors own all rights, title, and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.

Grid always appreciates your feedback or other suggestions about Grid, but you understand that we may use such feedback without any obligation to compensate you for them (just as you have no obligation to offer them). You grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferable, irrevocable, perpetual license to use, modify, adapt, publish, perform, or derive new works from your feedback as we choose.

You may not duplicate, copy, reuse, or reverse engineer any portion of the Services, including, but not limited to, the HTML, CSS, Javascript, visual design elements, features, functions, or graphics without express written permission from us.

All trademarks, service marks, logos, trade names, and any other proprietary designations of Grid used herein are trademarks or registered trademarks of Grid. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

8. Third-party services

As part of your enjoyment of the Services, subject to these Terms, you may grant third party access to your account to provide additional products, services, or labor provided you agree to be responsible for the actions of the third party and to bind the third party to these Terms as your agent.

From time to time, separate applications or services that integrate or interoperate with the Grid Services (collectively, “Add-ons”) may become available, either directly from Grid or independently. If you choose to install, access, or enable an Add-on, you agree that the third-party Add-on provider may acquire access to your account data and information as required for the interoperation or integration of such Add-on and you grant Grid permission to give such Add-on access to your account data and information. Accordingly, such applications are governed by their own terms and conditions and are not considered Services under these Terms.

9. Privacy Policy

We take your privacy seriously. You can view our full explanation of how we handle your privacy on our dedicated privacy policy page (the “Privacy Policy”).

10. 100% Service Guarantee

We will respond to your support inquiries within one business day and we will ensure the Services have no unexpected downtime. If you do not believe we met this service level on any day during the period of your paid subscription, notify us by emailing support@Gridapp.com within 30 days of the issue and we will credit your subscription back for that day.

11. Cancellation

You are solely responsible for properly canceling your paid subscription. An email, phone, chat, or written request to cancel your paid subscription is not considered cancellation. You may cancel your account at any time, for any reason, however, you will need to manage your in-app purchases through your mobile device platform (e.g., iTunes, Google Play) to avoid additional billing. The cancellation of your paid subscription will occur at the end of your current paid-up period.

12. Termination

The grid may terminate your account without notice in the event that you breach any of these Terms. Your termination will take effect immediately and you will not be charged again. In the event of any termination, Grid will not refund any of the prepaid Fees. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Grid reserves the right to refuse service to anyone for any reason at any time.

13. Refunds

Grid is not obligated to provide refunds or credits for partial months or years of the Services, upgrades or downgrades, or unused time during your subscription.

14. Warranty Disclaimers

You expressly understand and agree that:

Grid warrants that your data will be treated in accordance with its Privacy Policy and protected pursuant to Grid’s participation in Privacy Shield, as described in the Privacy Policy. Except as expressly warranted in the terms, all Services are provided “as is” and Grid hereby disclaims all warranties and conditions with regard to the Services, whether express, implied, or statutory, including all warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

Other than as expressly set in these Terms, Grid makes no warranty that:

Any material downloaded or otherwise obtained through the use of the Services are accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from Grid or through or from the Services shall create any warranty not expressly stated in these terms.

15. Limitation of Liability

You expressly understand and agree that Grid and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Grid has been advised of the possibility of such damages) in any way relating to or arising from this agreement. In no event shall Grid or its respective suppliers’ aggregate liability for direct damages under this agreement exceed the fees paid for the immediately preceding month before the claim. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Please note that downgrading your account may result in the loss of content, features, or capacity of your account. Grid does not accept any liability for any such losses.

16. Indemnification

You agree to defend, indemnify and hold harmless Grid, its officers, directors, employees, and agents, harmless for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your connection to or use of the Services, including but not limited to any breach by you of these Terms, any claims arising from the content you submit, post, transmit or make available through the Services, and any misuse of the Services or claims against Grid by an End User.

17. Non-solicitation

You may not use the Services to solicit, interfere with, or endeavor to entice away from Grid any Grid customer, user, or subscriber.

The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Services or by written permission of Grid or by acting as an agent contracted by a third party to act on its behalf.

If you are interested in becoming a Grid partner, reseller, or affiliate, we are happy to talk with you. Interested affiliates, please email team@Gridapp.com or talk to us on live chat.

18. Governing Law

These Terms, your rights and obligations, and all actions contemplated by these Terms shall be governed by the laws of the state of Hyderabad. Any disputes arising under this Agreement shall be heard in the state or High Courts in Hyderabad, Telangana. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

19. Force Majeure

Grid shall not be responsible for any failure to perform due to unforeseen, non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, crime, terrorist attacks, embargoes, acts of civil or military authorities, widespread Internet outages, fire, floods, earthquakes, accidents, strikes, fuel or energy. In the event of any such delay, any applicable period of time for action by Grid may be deferred for a period equal to the time of such delay.

20. Integration and Severability

These Terms are the entire agreement between you and Grid with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Grid with respect to the Services. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

21. Assignment of Terms

The grid may assign or transfer the Terms, in its sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

22. Notices

Any notices or other communications required hereunder, including those regarding modifications to the Terms, will be in writing and given by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

23. Headings for Convenience Only

Headings are for convenience only and have no legal or contractual effect.

Contact

If you have any questions about the Terms of Service

please contact us at

support@mygridclub.com

Copyright © 2021 Hejtech (OPC) Pvt. Ltd.

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