Introduction

This Author Terms and Conditions agreement (“Terms and Conditions”) governs your (“Author”, “You”, “Your”) interactions with, and use of, content, software, and services, provided by Appblocks Technologies Private Limited (“Company”, “We”, “Us” or “Our”) on behalf of itself and its Affiliate (as defined below) Appblocks Technology India Private Limited, at or through the website at https://www.appblocks.com/ and any other software or websites provided by Us that indicates the applicability of this agreement. Collectively, the abovementioned websites and software are referred to in this Agreement as “Platform”.

This Author Terms and Conditions agreement is applicable if You create, upload, distribute, or otherwise provide, Blocks (as defined below).

If you are an individual accepting this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “You” and “Your” refer to such entity. If you do not have such authority, or do not agree with the terms of this agreement, you cannot and must not accept this agreement, and you cannot use the Platform.

By undertaking any of the following actions, You demonstrate that You have read, understood, and agree to, these Terms and Conditions: (i) by creating an account on or through the Platform; (ii) by ticking a box indicating acceptance; (iii) by uploading any content or software on the Platform, or offering Your services on the Platform; (iv) by otherwise interacting with the Platform. This agreement is effective between You and Company as of the date of Your acceptance of this agreement (“Execution Date”).

The Platform may provide the ability to view, upload, download, or distribute, certain software, content, or services. You acknowledge and agree that in order to use the ability to upload, distribute or otherwise provide Blocks, You must create an account on the Platform. Company does not charge any fee for creating an account on the Platform. Your interactions with the Platform are governed by this agreement. Please read this agreement carefully before using the Platform. Use of some some materials and services included in or accessed through the Platform may be subject to additional terms and conditions.

The Privacy Policy, available at https://www.appblocks.com/pages/privacy-policy/ as updated from time to time (“Privacy Policy”) applies to personal information collected during Your interactions with the Platform.

This Agreement, the Privacy Policy and other legal documents, may be modified from time to time at the sole discretion of Company. The date on which such legal document was last updated will be available on its respective page. Please check the respective pages of applicable legal documents regularly for changes.

Definitions

  1. “Affiliate(s)” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
  2. “Agreement” means this Terms and Conditions, the Privacy Policy, Content License, and all annexures, schedules, and exhibits thereto.
  3. “App” means a software (including source code and/or binary code) in a specified Space. Apps may contain single or multiple Blocks.
  4. “Applicable Law” means and includes legislations, rules, regulations, notifications, court orders, and other applicable legal requirements, but does not include contractual obligations.
  5. “Author(s)”, “You”, and “Your”, means and includes individuals and/or legal entities that upload Content to the Platform, distribute Content on or through the Platform, and/or share Content on or through the Platform.
  6. “Author Content” means Content provided by Author on or through the Platform.
  7. “Block” means software, including source code and/or binary code, provided to You or by You on or through the Platform, and any modified versions and copies of, and upgrades, updates, and additions to such software.
  8. “Computer” means a virtual or physical device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions, including without limitation desktop computers, laptops, tablets, mobile devices, telecommunication devices, Internet-connected devices, and hardware products capable of operating a wide variety of productivity, entertainment, or other software applications.
  9. “Compatible Computer” means a Computer that meets the minimum hardware specifications and Software Requirements necessary to operate, install, or use a particular Block, or Content, as specified on the respective Product Page on the Marketplace. Compatible Computers may vary depending on the Block, or Content, in question, and may include specific hardware, software, operating systems, processing power, memory, storage, graphics capabilities, or other components necessary for proper functioning.
  10. “Content” means and includes text, audio, video, fonts, Block, Block Documentation, or any other content, provided by Us, You, or other users of the Platform, on or through the Marketplace.
  11. “Content License” means the license provided by Author to a Customer to use specific Content, under the terms of specified on the Product Page.
  12. “Customer(s)” means and includes individuals and/or legal entities that download, or otherwise obtain Content, on or through the Platform.
  13. “Documentation” means and includes technical documentation, usage manuals, and/or any other documentation.
  14. “Force Majeure Event” includes act of God, act of war, act of government, fire, epidemic, pandemic, flood, strike, riots, civil unrest, general internet hacking, or any other event that is beyond the parties’ control.
  15. “Marketplace” means the digital service that is part of the Platform, that allows You to conclude transactions involving licenses for Blocks, Documentation, or any other Content.
  16. “Product Page” means the page on the Platform that describes any single Content, or multiple Contents that are available in a combined group or package. Product Page may provide additional information such as Software Requirements and Compatible Computers.
  17. “Platform” has the meaning assigned to it above.
  18. “Privacy Policy” has the meaning assigned to it above.
  19. “Representative(s)” means and includes Affiliates, and employees, agents, officers, directors, advisors, accountants, legal representatives, consultants, or/and contractors, of You or Company, or Your or Our respective Affiliates. Your Representatives further includes Your Users.
  20. “Run” and “Running” mean the act of starting, initiating, executing, running, or using, a software on a Computer. A software is “running” on a Computer if the software process was started, initiated, executed, run, or used, but has not been terminated and has not exited.
  21. “Software Requirements” means the minimum and/or recommended software specifications, settings, and configurations, necessary for a Computer to effectively run, install, or use a Block, or Content, as specified on the respective Product Page on the Marketplace. Software Requirements may include, but are not limited to, operating system versions, pre-installed software, and network connectivity, and may be subject to change at the discretion of the provider of the respective Block, or Content.
  22. “Space” means a virtual space for individually or collaboratively performing actions related to Apps and Blocks. Such actions may include, but are not limited to, modification of Blocks, and Running Blocks.
  23. “Taxes” means and includes any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, goods and service, use or withholding taxes, assessable by any jurisdiction whatsoever.
  24. “Term” has the meaning assigned to it in Section 8.1 of this Terms and Conditions.
  25. “Terms and Conditions” means this Platform Terms and Conditions agreement.
  26. “User” means any individual authorized or permitted by You to interact with the Platform. In the event that You are an individual, “User” means You.

Platform

  1. Marketplace. Subject to the terms and conditions of the Agreement, Company may, but has no obligation to, provide access to the Marketplace, and the ability to upload, download, access, distribute, and/or share, Content on or through the Marketplace. Company may, but has no obligation, provide the ability to post, modify, and/or delete, reviews and/or ratings. Company may, at its sole discretion and without prior notice, remove or disable any reviews, ratings, and/or Product Page(s).

Author’s Warranties, Rights, and Obligations.

  1. Author’s Warranties. Author hereby warrants that:
    • if Author is an individual, Author is at least 18 years of age or the age of majority in Author’s jurisdiction;
    • Author has the ability, and where required, Author is appropriately authorized, to enter into this Agreement;
    • all Content provided by Author shall be Author’s original creative work, and Author’s sole and exclusive property, and no third party has any ownership or any other intellectual property right over such Content, including but not limited to copyright, trademark, service mark, patent, and all other intellectual property rights, and that no part thereof shall constitute an infringement of any third-party intellectual property;
    • Author has no contractual, legal, or other obligations or restrictions that would prevent Author from performing Author’s obligations under the Agreement and/or applicable Content Licenses;
    • Author shall comply with all applicable laws and third-party intellectual property rights in the performance of Author’s obligations under the Agreement and applicable Content Licenses;
    • any activity by Company under Section 3.6, will not result in the violation of any Applicable Law or third-party rights; and
    • Author will perform all duties and obligations in a professional and workmanlike manner, and in accordance with acceptable industry practices.
  2. Author’s Obligations. You agree that You shall:
    • be the sole Party responsible and liable for, and shall use, the Platform, and Content, only in compliance with the Agreement, Applicable Law, and third-party intellectual property rights;
    • be the sole Party responsible and liable for all claims arising out of Your Content;
    • ensure that You provide all relevant and necessary information in each Content’s Documentation, including but not limited to ensuring that information related to Compatible Computers and Software Requirements is accurate and up-to-date;
    • be the sole Party responsible for testing and ensuring that Your Content, including but not limited to Your Blocks, at all times conform to their respective Documentation and the description on their respective Product Page, including but not limited to ensuring that Your Blocks work as intended;
    • keep confidential all information related to, or obtained from, Customers that obtain Your Content through the Platform. You shall not use any information obtained from Customers for any purpose other than the purpose of providing Your Content to Customers. You shall limit Your use and disclosure of all information related to, or obtained from, Customers only to the extent necessary to fulfil Your obligations to such Customers and/or Company. You shall not use any information obtained from, or related to, Customers for the purpose of marketing Your products and/or services. You shall not use any information obtained from, or related to, Customers, for the benefit of any third-party;
    • be the sole Party responsible for compliance with all Your obligations to third-parties that acquire Your Author Content through the Platform, including but not limited to Your obligations under applicable Content Licenses;
    • be the sole Party responsible for Your own conduct and the conduct of Your Representatives, including all acts and omissions, and compliance with Your obligations under the Agreement and Content Licenses by You and Your Representatives;
    • be the sole Party responsible for all expenses and costs incurred by You related to the performance of Your duties and obligations under the Agreement, and the exercise of Your rights under this Agreement. The foregoing includes, but is not limited to, payment of all amounts related to Your business and activities, including but not limited to fees or costs related to Your access to the Internet, software, and devices, all expenses and costs incurred by You in the performance of Your duties and obligations under the Agreement, and payment of Your Taxes, Your Representatives’ salaries, compensation, and other benefits or obligations related to Your Representatives. For clarification, Company shall not be liable, and shall not be responsible, for any payments related to Your business, Your Representatives, or otherwise related to You; and
    • comply with all policies, procedures, and guidelines, provided by Company to You from time to time.
  3. Listings on Marketplace.
    • Providing Block Listings. Subject to Your compliance with this Agreement, Company may provide You with the ability to upload, share, provide, or otherwise distribute Your Content, including but not limited to Your Blocks. You agree to provide all information requested by Company including, but not limited to, information necessary to verify ownership of Content, and any additional Content (such as screenshots, description, or videos) requested by Company for the Marketplace. You understand and agree that Company reserves the right to refuse to allow You to display, distribute, or otherwise provide, on or through the Marketplace, any Content at any time at its sole discretion with or without providing any reason. You understand and agree that Company further reserves the right to remove or block any Content on the Marketplace at any time at its sole discretion.
    • License to Customer.Company may, at its sole discretion, specify one or more Content Licenses under which Content may be distributed on or through the Marketplace. If You choose to distribute any Content on or through the Marketplace, You must choose any one or more of the Content Licenses for the distribution of such Content (“Your Chosen Licenses”) from the list of Content Licenses specified by the Company. By choosing Content Licenses, You agree to all terms and conditions of Your Chosen Licenses. Customers may choose to obtain Your Content under any one or more of Your Chosen Licenses. You agree that Customers that obtain Your Content from the Marketplace in compliance with the agreement between Customer and Company, will automatically be provided with the relevant license(s) chosen by the Customer, under the terms of the applicable Content License. Notwithstanding anything to the contrary above, You may not revoke any license provided to a Customer other than as explicitly provided under the terms of the applicable Content License. You hereby grant to Company the right, but not an obligation, to undertake any action on Your behalf necessary to revoke any license granted to a Customer, in the event that a Customer breaches the applicable Content License, or the agreement between Customer and Company.
    • License Assignment by Customer. Author understands and agrees that Customer may be required by Company, in its sole discretion, to designate an acquired license for use within a single App and/or Space prior to using the Block.
    • License Transfer by Customer. Author understands and agrees that Customer may be permitted by Company, in its sole discretion, to assign or transfer Content License(s) to any other User, App, Space, and/or any third party.
    • License Breach. Author understands and agrees that Company does not control the actions of third parties, including but not limited to Customers, and that Company shall not be liable or responsible for any action or inaction by a Customer, including but not limited to compliance with Content License.
    • Disputes With Customers. Disputes related to Author Content, including but not limited to disputes related to the Content License, revocation of licenses by You, and third-party intellectual property rights, must be resolved between You and Customer only, and Company will not be a party to any such dispute. Company has the right, but not the obligation, to act, in its sole discretion, on behalf of Author and/or Customer, in order to settle any dispute between You and Customer.
  4. Author’s Compliances.
    • Compliance with Law. You shall be the sole liable and responsible party for: (i) compliance with Applicable Law, including but not limited to, acquiring and maintaining all permits and licenses, undertaking all registrations, and performing all other actions necessary to fulfil Your obligations under the Agreement; (ii) the accuracy, quality, and legality of Your Content, and the means by which Your Content is developed or created.
    • Compliance with Third-Party Rights. You shall be the sole liable and responsible party for Your compliance with third-party rights, including but not limited to third-party intellectual property rights, during Your access, use, modification, distribution, and all other activities, of, on, or related to, Content, Platform, or Marketplace.
    • Use of the Platform. You agree that You shall:
      1. provide, upon Company’s request, all information necessary to verify Your identity and/or Your compliance with the Agreement;
      2. not collect, and not share, personally identifiable information about the Customer or any third party, unless explicitly authorized otherwise in writing by such Customer or third party;
      3. not create, upload, share, or otherwise distribute, any malicious Content, including but not limited to viruses, malware, trojan horses, or the like;
      4. use commercially reasonable efforts to prevent unauthorized access to or use of the Platform, and promptly, but in no case later than 48 hours of gaining such knowledge, notify Company of any such unauthorized access or use;
      5. be solely responsible for ensuring that information provided in Your account, and Your User’s accounts is accurate, complete, and up-to-date;
      6. be solely responsible for ensuring that Your account, and Your Users’ accounts, are not used by or on behalf of any third-party without explicit written permission from Company;
      7. be solely responsible for any activity occurring in Your account, and Your Users’ accounts, except any conduct that is directly and solely attributable to Company without Your request or authorization;
      8. not post, modify, publish, upload, or share, any review or Content that is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, harmful to a child, harassing, libellous, racially or ethnically objectionable, misleading, infringes any patent, trademark, copyright or other proprietary rights of the third party and/or Company, related to or encourages money laundering or gambling, patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person, or is otherwise inconsistent with Applicable Law.
    • Removal of Your Content. In the event You do not comply with the Agreement or an applicable Content License, Company may, at its sole discretion, and without affecting its other rights or Your other obligations, remove, or delist, the Block(s) and/or Content that do not comply with the Agreement or Content License (as the case may be). In the event of repeated non-compliance, Company may, at its sole discretion: (i) remove or disable Your account on the Platform; (ii) remove, disable, or de-list, any or all Blocks and/or other Content provided by You on the Platform; and/or (iii) make any or all Blocks and/or other Content provided by You on the Platform unavailable for distribution.
  5. Compensation to Author. Company will not be liable or responsible for making any payments to You under the Agreement. Your sole compensation for the Content and services provided by You is the attribution to Your name on the Marketplace. Authorization to Company. Author hereby authorizes Company to have a worldwide, irrevocable (except as provided explicitly in the Terms and Conditions), sub-licensable, license to use, copy, modify, publish, distribute, display, transmit, store, and create derivative works, of or from Author’s intellectual property, including but not limited to Author’s name, logo, and Author Content, as required, to exercise Company’s rights and fulfil Company’s obligations under the Agreement. Notwithstanding anything to the contrary above, Author hereby additionally and explicitly authorises Company to provide Licenses to Customers on behalf of the Author. Author hereby authorizes Company and its Affiliates the right to undertake all actions necessary on behalf of the Author to terminate or revoke Licenses. Author understands and agrees that, except as explicitly provided otherwise in the Agreement, Licenses provided to Customers cannot be revoked by the Author.

Licensing and Intellectual Property

  1. License by You to Company. You grant to Company and its Affiliates an exclusive, royalty-free, irrevocable, perpetual, worldwide and sub-licensable license to use, reproduce, host, publish, translate, create derivative work from, distribute, and display Content posted, uploaded, provided, or shared, by You on the Platform.
  2. Reservation of Rights. Subject to the limited rights expressly granted in the Agreement, no other rights are granted by Company or its Affiliates to You. Company and its Affiliates own all rights, titles, and interest in and to Company’s registered and unregistered, domestic and foreign trademarks, service marks, trademark applications, service mark applications, trade names, patents, patent applications, copyrights, copyright applications, discoveries, know-how and trade secrets of and related to Company. You are expressly forbidden from copying, reproducing, transmitting, posting, distributing and/or creating derivative works, of or based on Company’s and/or its Affiliates’ intellectual property without express, prior written authorization from Company’s authorized representative.

Warranty Disclaimers and Limitation of Liability

  1. Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, COMPANY DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PLATFORM AND CONTENT ARE PROVIDED “AS IS,” AND “AS AVAILABLE” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. COMPANY EXPRESSLY DISCLAIMS THAT PLATFORM, SERVICES, DOCUMENTATION, AND/OR CONTENT, WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE, OR RELIABLE.
  2. Limitation of Liability. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF COMPANY, TOGETHER WITH ALL OF ITS AFFILIATES AND THEIR RESPECTIVE REPRESENTATIVES, ARISING OUT OF OR RELATED TO THE AGREEMENT, EXCEED THE TOTAL AMOUNT RECEIVED BY COMPANY FROM YOU HEREUNDER FOR THE SERVICE GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE, OR INR 500 (INR FIVE HUNDRED), WHICHEVER IS LOWER. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER AN ACTION IS IN CONTRACT OR TORT, AND REGARDLESS OF THE THEORY OF LIABILITY. COMPANY’S (AND ITS REPRESENTATIVES’) LIABILITY FOR DAMAGES UNDER THIS AGREEMENT IS LIMITED TO DIRECT MONETARY DAMAGES. IN NO EVENT WILL COMPANY BE LIABLE FOR PROVIDING SUBSTITUTE CONTENT OR SERVICES.
  3. xclusion of Liability for Author Content. IN NO EVENT SHALL COMPANY BE LIABLE OR RESPONSIBLE FOR AUTHOR CONTENT.
  4. Exclusion of Consequential and Related Damages. IN NO EVENT SHALL COMPANY OR ITS REPRESENTATIVES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY: (1) FOR ANY LOST PROFITS, REVENUES, DATA, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES; (2) FOR AN INABILITY TO USE THE PLATFORM, CONTENT, OR SERVICES; OR (3) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE ABOVE, OR IF COMPANY OR ITS REPRESENTATIVES’ REMEDY OTHERWISE FAILS IN ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
  5. Essential Basis. OU ACKNOWLEDGE THAT COMPANY HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THIS CLAUSE 5, AND THE SAME FORMS AN ESSENTIAL BASIS FOR THE BARGAIN BETWEEN THE PARTIES.

Indemnification

he parties to the Agreement shall defend and indemnify each other, and each other’s respective Representatives, against any claims described in this clause and shall pay the amount of any resulting adverse final judgment or approved settlement, but only if the defending party is promptly notified in writing of the claim and has the right to control the defence and any settlement of it. The party being defended must provide the defending party with all requested assistance, information, and authority, and must take all reasonable action to mitigate its losses arising from the third-party claim. Company shall defend and indemnify You only in the event that Company has mispresented You. You shall defend and indemnify Company in the event of non-compliance with Applicable Law, misrepresenting Company, breach of the Agreement and/or Content License, non-performance of obligations under the Agreement, distribution of harmful or malicious Content, and/or breach of intellectual property rights of Company or any third-party.

Dispute Resolution

  1. Disputes between You and Company.
    • Good Faith Discussions. Company and You agree that they will attempt to resolve through good faith discussions, any dispute or difference in respect of, concerning, or connected with, the interpretation of the Agreement, performance of obligations under the Agreement, or otherwise arising out of the Agreement. The Parties agree that such good faith discussions will begin promptly after either Party has delivered a written request for such discussions to the other Party.
    • Arbitration. If the Parties are unable to resolve a dispute within thirty (30) days in accordance with the mechanism provided above, the dispute(s) may be resolved only through arbitration. Either Party may notify the other Party of its intention to initiate the arbitration proceedings. A single arbitrator will be appointed by mutual consent of both Parties within thirty (30) days of the notice of intent to initiate arbitration proceedings. In the event that the Parties fail to appoint an arbitrator within the abovementioned period, an arbitrator may be appointed by a court of competent jurisdiction. The venue and seat of arbitration shall be in Thiruvananthapuram, India only. The decision of the arbitrator shall be binding upon the Parties and shall be enforceable by a court of competent jurisdiction. This clause constitutes a binding consent by the Parties for any proceedings in terms hereof and neither Party shall be entitled to withdraw from the proceedings.
  2. Survival of Dispute Resolution. This section on Dispute Resolution shall survive in the event that these Terms and Conditions, the Agreement, or any part thereof, fails to come into force, or is cancelled or otherwise terminated for any reason.

Term and Termination

  1. Term. The term of this Terms and Conditions commences on the date on which it is first executed by You, and continues until it is terminated under the terms of this Terms and Conditions (“Term”).
  2. Account Suspension and Deletion. Company may disable, suspend access to, or delete, inactive accounts in the event that the account is not accessed for a period of at least one (1) year. In the event that an account is deleted by Company, these Terms and Conditions will be terminated automatically without further notice.
  3. Termination by You. The Terms and Conditions may be terminated by You for cause: (i) upon written notice of not less than thirty (30) days if Company has breached any of the obligations under the Agreement and has not cured that breach within the notice period; or (ii) immediately upon written notice if Company becomes insolvent, and/or initiates or undergoes a bankruptcy proceeding.
  4. Termination by Company. Company may terminate this Terms and Conditions with or without cause: (i) upon written notice of not less than thirty (30) days if You have breached any of the obligations under the Agreement and have not cured that breach within the notice period; (ii) immediately upon written notice if You are involved in any fraudulent or illegal activity; (iii) immediately upon written notice if You become insolvent, and/or initiate or undergo a bankruptcy proceeding; or (iv) upon sixty (60) days’ written notice to You with or without assigning any reason. Company may combine a notice for termination of this Terms and Conditions with notices for termination of any or all other parts of the Agreement.
  5. Effects of Termination. Upon termination of this Terms and Conditions: (i) Company may, at its sole discretion, disable or delete Your account(s); (ii) You may lose access to Your account(s) and all information and Content present in Your account(s), including but not limited to the ability to upload, modify, or distribute Content Company will not be liable or responsible for providing any amount to You for termination of the Agreement or this Terms and Conditions. For clarification, termination of this Terms and Conditions or the Agreement: (i) does not release You from Your obligations to Customers; and (ii) does not result in automatic termination of Content Licenses. Content Licenses are between You and the relevant Customer, and are not affected by the termination of this Terms of Service.
  6. Surviving Provisions. The sections titled “Author’s Warranties, Rights, and Obligations”, “Licensing Terms and Intellectual Property”, “Warranty Disclaimers and Limitation of Liability”, “Indemnification”, “Dispute Resolution”, “Effects of Termination”, “Surviving Provisions”, “General Clauses”, and such other parts of this agreement that by their nature survive termination or expiry of this agreement, shall survive termination or expiry of this agreement for the longest period permitted under Applicable Law.

General Clauses

  1. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its own or other conflict of law principles. Courts in Thiruvananthapuram, Kerala, India shall have the sole and exclusive jurisdiction over all maters arising from this Agreement.
  2. Force Majeure Event. Any delay caused due to Force Majeure Event shall not constitute a default and shall not give rise to any liability or damages caused to the parties.
  3. Agreement to Governing Law and Jurisdiction. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.
  4. Third-Party Websites, Apps, and Services. The Platform may contain links to third-party websites, apps or services. Company do not guarantee, approve, or endorse the information or products available on such third-party websites, apps, or services. You assume complete responsibility and risk of Your use of any external website, apps, or services. You are hereby informed to exercise utmost caution when visiting or using any third-party website, app, or service. Use of third-party websites, apps, or services, may be subject to their own terms and privacy policies. Company has no control over the collection of Your data, and other activities performed by third-parties. Company do not operate or control, and have no responsibility for the activities of third-parties, and the information, products and services found on any third-party websites, apps or services. Company do not represent and do not endorse the accuracy or reliability of information, products and/or services provided on or through any third-party websites, apps, or services, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement, and implied warranties of merchantability or fitness for a particular purpose.
  5. Notices. Except as otherwise specified in this Agreement, all notices related to this Agreement will be in writing and will be effective upon (a) personal delivery to the Party or to an executive officer of the Party to whom the same is directed, (b) the second business day after mailing if sent by registered or certified mail, postage and charges prepaid, or (c) the day of sending by email if sent without receipt of any delivery failure notice. Notices by Company to You may be sent to any contact information available to Company, including but not limited to Your address or email address as specified in Your account. Notices by You to Company must be sent only to support@appblocks.com with the subject line “ATTN: LEGAL NOTICE under Platform Terms and Conditions”. Unless stated otherwise in the response, any written, electronic or in paper, response to the applicable notice shall be deemed a waiver of any dispute relating to the adequacy of such notice.
  6. Modifications. This Terms and Conditions and/or the Privacy Policy may be modified by Company at its sole discretion. Company may, for convenience only, but shall have no obligation to, notify You of modifications to this Terms and Conditions and/or the Privacy Policy. You agree to check their respective pages regularly for any changes. This page will always display the date on which this Terms and Conditions was last updated or modified. Similarly, the Privacy Policy will always display the date on which they were last modified. In case of any modifications to this Terms and Conditions and/or the Privacy Policy, that may affect your rights under the respective legal document, Company may, without affecting your obligation to periodically check this page and the Privacy Policy for modifications, provide you a reasonable notice of not less than 7 days by email or through the interface of the Platform, except that the notice may be immediate in the event that modifications are required to implement new features or functionality,to comply with Applicable Law, law enforcement request, or third party rights, including but not limited to third-party intellectual property rights.
  7. Interpretation. In this Agreement, except where explicitly indicated otherwise, the singular includes the plural and the plural includes the singular; references to any gender include references to all genders; the word “or” means “and/or”; the word “any” means “any and/or all”; and titles and headings are for convenience only, and do not affect the interpretation of the text.
  8. Order of Precedence. In the event of a conflict between this Terms and Conditions and/or the terms of a specified Content License, the order of precedence shall be (from highest to lowest): (i) the terms of the specified Content License; and (ii) this Terms and Conditions.
  9. Assignment. Your rights and obligations, set forth in the Agreement, cannot be assigned or transferred to any third-party unless explicitly agreed otherwise by Company in writing.
  10. Waiver. No waiver shall be effective unless made in writing and signed by the waiving Party. The failure of any Party to require the performance of any term or obligation of this Agreement, or the waiver by any Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation, and shall not be deemed a waiver of any subsequent breach.
  11. Relationship of the Parties. The relationship of the Parties is that of independent contractors. Nothing in the Agreement creates any form of a partnership, joint venture or business relations of arrangement(s) between the Parties.
  12. Third-Party Beneficiaries. This Agreement is effective between Company and You only. There are no other third-party beneficiaries under this Agreement.

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