Terms of Use

This Terms of Use (“Terms Of Use”, “TOU”) is a user agreement between You, the end user (“You”/ “Your”), and the FUSKI Ventures Private Limited (“FUSKI”, “the Company”).

This TOU is an electronic record that lays down the terms, conditions, and rules as per the requirements of the Information Technology Act, 2000 (India) and other applicable regulations (as may be amended, modified, re-enacted, consolidated, or replaced from time to time). In accordance with the aforementioned statutes as applicable and amended from time to time but not limited to the same, the TOU shall publish the rules and regulations, Privacy Policy and the terms and conditions for access or usage of the website (i.e., fuski.ai) (“Website”) and mobile Apps. This electronic record does not require any physical or digital signatures.

Users must acknowledge that the Company owns, hosts and maintains the Website and mobile Apps and the TOU and the Privacy Policy (collectively “Company Policies”) shall form a legally binding obligation between the User and the Company.

INTERPRETATION

1.1 In the context of the TOU, “You“, “User” or “Your” wherever used as per the requirement of the context, shall mean any natural or legal person who will access, use or visit the Website and/or any other person who may browse the Website.

1.2 “the Company“, “We“, “Us“, “Our” or “FUSKI” shall mean FUSKI Ventures Private Limited, a company duly incorporated under the provisions of Companies Act, 2013, having its registered office situated at CIE, IIIT, Gachibowli, Hyderabad, Telangana, 500032.

1.3 The captions and headings that have been used in this TOU is merely for reference which at no point can be used to misconstrue the interpretation of the Agreement.

1.4 Any word that is used in singular, plural or with reference to a specific gender shall not be used to limit the application or scope of the TOU or its provisions unless it is otherwise permissible to do so as per the context.

1.5 The use of “hereunder”, “hereto”, “herein, or any other expressions similar in meaning and reference to this TOU shall not be interpreted to have been used for a particular clause of this TOU and used for the TOU as whole.

1.6 The words “include” and/or “including” that have been used shall not be used to interpreting that particular clause of this TOU with a limitation thereafter.

GENERAL

2.1 The Website/mobile Apps provides You the information/content with respect to the range of products/services offered by the Company, testimonials, media highlights and the various activities that the Company is engaged in. All the information and/or content provided on the Website/mobile Apps is for the User’s information and education only, and the access to this Website/mobile Apps is subject to the prior acceptance of this TOU and, the terms and conditions mentioned herein.

2.2 The User by accessing, browsing or using the Website/mobile Apps and by providing any information through the Website/mobile Apps, impliedly or expressly, hereby accepts these TOU and enters into a binding contract with the Company.

2.3 It is thereby acknowledged that the User has read, understood these TOU, and is bound by them, regardless of how the User or anyone on the User’s behalf has accessed or used the Website/mobile Apps. If the User does not want to be bound by the TOU, they must not access and/or use the Website/mobile Apps in any manner whatsoever.

2.4 The following terms and conditions and any amendment or modification made thereto, govern the use of this Website/mobile Apps and any content made available from or through this Website.

2.5 We may at any time without any prior notice in writing or otherwise to the User, change these terms by providing the revised TOU on the Website/mobile Apps. The User may review these terms regularly to ensure that the User is aware of any changes made by Us.

2.6 The continued use of Our Website/mobile Apps by the User, after changes are posted means that the User agrees to be legally bound by these terms as updated and/or amended.

2.7 In case of any violation of these TOU or any additional terms posted on the Website/mobile Apps, We reserve the right to seek all remedies available in law and in equity for such violations.

2.8 No guarantee is provided by Us that the Website/mobile Apps, or any content/information on it, shall be available on a permanent and interruption-free basis. There shall be no liability on Us wherein any content is unavailable at any time/period and the access to the Website/mobile Apps shall be temporary in nature.

2.9 All arrangements that are required for Website/mobile Apps access (including but not limited to, Internet access and an appropriate browser) shall be made by the User.

DESCRIPTION OF SERVICE

We provide AI driven tools in the form of web or mobile apps for self learning and self assessment.

GENERAL CONDITIONS ABOUT THE TERM/(S)

These TOU shall continue to be valid and binding upon the Users until, the User continues to access and use the Website/mobile Apps. We may suspend or terminate the User from the use of the Website/mobile Apps at Our sole and absolute discretion without any notice and cause. Notwithstanding anything stated under these TOU, these terms will survive indefinitely unless and until We choose to terminate them.

PERSONAL INFORMATION OF THE USER

All aspects related to the collection of personal information from You, at the time of registering with the Company, shall be according to the “Privacy Policy” of the Company, which is available at https://fuski.ai/privacy-policy/ , which shall be read as a part of this TOU. The Company respects Your Privacy and assures You that the information collected from You will be used only to provide You, Our Services. Such personal information shall not be made available to any third party.

PROHIBITIONS OF USE

6.1 Your permission to use the Website/mobile Apps is conditioned upon the following use, posting and conduct restrictions. You agree that You will not under any circumstance:

a. Access the Website/mobile Apps for any reason other than Your personal, non-commercial use solely as permitted by the normal functionality of the Website/mobile Apps.

b. Collect or harvest any personal date of any user of the Website/mobile Apps.

c. Use the Website/mobile Apps for the solicitation of the business in the course of trade or in connection with a commercial enterprise.

d. Distribute any part or parts of the Website/mobile Apps without Our explicit written permission (We grant the operators of public search engines permission to use spiders to copy materials from the Website/mobile Apps for the sole purpose of creating publicly available searchable indices but retain the right to revoke the permission at any time on a general or specific basis);

e. Use the Services for any unlawful purpose or for the promotion of illegal activities;

f. Violate any laws, regulations, rules, laws etc. nationally, internationally or at any other similar extent;

g. Attempts to, or harass, abuse, or harm another person or group;

h. Interfere or attempt to interfere with the proper functioning of the Services;

6.2 In order to ensure that the Company is able to provide high quality Services, respond to customer needs, and comply with laws, You hereby consent to let the Company’s employees and agents access Your information and records on a case-to-case basis to investigate complaints or other allegations or suspected abuse.

6.3 You agree to disclose to the Company, and permit the Company to use, give the Company right to disclose to its affiliates / partners / third parties Your information to the extent necessary for the purpose of rendering the Services.

SCOPE OF SERVICES

7.1 The Company hereby grants You the access and right to use the Website/mobile Apps and avail the Services provided by the Website/mobile Apps. The Company reserves the right to update the functionality or the documentation of the Website/mobile Apps and the provision of Services from time to time.

7.2 The Company retains all rights in the Website/mobile Apps and the Services and grants You only a right and license to use the Website/mobile Apps as stated herein. No other license is intended to be granted to You.

7.3 The Company reserves all rights in its name, trademarks, copyrights, and any other intellectual property.

7.4 The Company shall perform all necessary server management and maintenance services with respect to the Website/mobile Apps at no additional cost to You.

7.5 The Company does not guarantee availability of the Website/mobile Apps at all times. The Company shall use reasonable efforts to make the Services available to You, at all times through the Website/mobile Apps.

7.6 However, as the Services are provided over the Internet, data and cellular networks, the quality and availability of the same may be affected by factors outside the Company’s control. Therefore, the Company shall not be liable for non-availability of the Services at any time. The Company may try and restore access to the Website/mobile Apps and the Services on a reasonably and commercially viable basis.

INDEMNITY

You shall indemnify and hold harmless FUSKI, its subsidiaries, our parent companies, directors, contractors, its licensee, affiliates, employees, officers, service partners, service providers or any other third parties in relation and their respective officers, directors, agents, and employees, (as applicable) from any claim, demand or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this TOU, Company Policies, or Your violation of any law, rules or regulations or the rights of a third party.

LIMITATION OF LIABILITY

9.1 The Website/mobile Apps and its Services are being provided on an “As-Is” and “With All Faults and Risks” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.

9.2 It makes no warranty that the functionality of the Website/mobile Apps will be uninterrupted or error free, that defects will be corrected or that the Website/mobile Apps or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

9.3 To the extent permitted by law, the Company will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Company.

9.4 No individual of FUSKI shall be held liable for any injury, loss, claim, or any direct or indirect, incidental, punitive, special, or consequential damages of any kind, including but thereby not limited to without limitation lost profit, lost data, revenue loss or any related damages. The aforementioned loss shall not be claimed even in cases where the damages are based out of contract, negligence, liability of strict nature etc.

9.5 Limitation of liability shall be extending onto other Company Policies apart from this TOU.

TERMINATION

10.1 You may terminate these TOU by sending a notification to Us at hello@fuski.ai with subject line termination of ToU or cease to use the Website/mobile Apps. On termination, You will cease to have access to the Website/mobile Apps or any of the Services.

10.2 The Company reserves the right to suspend, prohibit, terminate and/or restrict You of the Website/mobile Apps upon the violation of the prohibited uses.

10.3 If the Company with reasonable proof suspects or believes that You have failed to comply with the Company Policy and/or TOU, Your actions may be subject to legal liability. The Company may terminate the TOU without any notice, hold You liable against all the amount that may be due up to the date of termination.

APPLICABLE LAW

This ToU is governed and construed in accordance with the laws of India. The courts in Hyderabad alone shall have exclusive jurisdiction to hear disputes arising out of the TOU without any reference to the conflict of law provisions. You agree that the laws of India will apply to these TOU and to the provision of Services by the Company and Your use of the same.

FORCE MAJEURE

The Company shall be under no liability whatsoever in case of occurrence of a force majeure event, including in case of non-availability of any portion of the Website/mobile Apps and/or Services occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure, technology outages, pandemic, failure of technology integration of partners or any other cause whatsoever, beyond the control of the Company. Further, in case of a force majeure event, the Company shall not be liable for any breach of security or loss of data uploaded by You to the Website.

WAIVER

If under any circumstance there is any failure by the Company to enforce the TOU, for whatever reason, it shall not necessarily be construed as a waiver of any right to do so at any time.

SEVERABILITY

If any of the provisions of this TOU are deemed invalid, void, or for any reason unenforceable, that part of the TOU will be deemed severable and will not affect the validity and enforceability of any remaining provisions of the TOU.

ENTIRE AGREEMENT

The TOU as amended from time to time, along with the Company Policies made available from time to time, constitutes the entire agreement and supersedes all prior understandings between the parties relating to the subject matter herein.

(Last updated on 05-Sep-2023)