TERMS & CONDITIONS
11 Nov 2020
The Cuvasol Technologies Private Limited (hereinafter "Cuvasol"), owns and operates an interactive online platform (the Platform), mobile application (the App) and website ( www.Cuvasol.com the "Site") (together, the Platform, the App and the Site shall be referred to as the "Cuvasol Products") offering individuals around the world the opportunity to track their participation in virtual video interviews, in the locations of their choice, while simultaneously receiving visual information as to their progress. In addition, the Cuvasol Products provide the user the ability to follow their own progress over time and to collect points after every activity which may be exchanged for various products or may be donated.
The words "we", "us" and "our" may be used to represent Cuvasol, its service providers, affiliates, and its subcontractors. The words "you", "your" and "youre" will be used, with the words user to represent all individuals who use the Cuvasol Products. By accessing and using the Cuvasol Products you agree to be bound by these terms and conditions (the "Terms") and any other writings to which they may refer.
Use of the Cuvasol Products constitutes a binding contract between you and Cuvasol. These terms may be modified by Cuvasol and any changes to the same will be effective seven (7) days after the Terms are uploaded to the App and/or Site. Please periodically review these Terms to stay well informed of updates and contact us for any questions regarding the Terms or their modifications.
1.1 Cuvasol Products offer the following features:
i. Personal profile page, including personal details.
ii. Status messages.
iii. Coaching company listings.
iv. Coaching event listings at specified date ranges.
v. Personal tracking of user progress.
vi. Virtual wallet to collect, exchange or donate accumulated points.
1.2 Cuvasol Products require a one-time, free registration via the App only. Users must be at minimum, eighteen (18) years old to use the Cuvasol Products. Usage by persons under eighteen years, or the legal age to form a binding contract in your jurisdiction, requires the consent of their parent or guardian. Cuvasol does not accept any liability for the misuse of the Cuvasol Products by someone under the age of eighteen.
1.3 You may access the registration form via the App in the Apple Store or Google Play. You may register by providing your name, email address and a password or you may register using your Facebook or Google Sign-in account information via the App. Once registered, your profile will request your first name, last name, date of birth, education. This information is used for performance indicator assessments and the information you enter here is entirely at your discretion.
1.4 Usage of the App
1.4.1 The App may only be used on Apple iPhones, Android phones, and other smartphones or devices.
1.4.2 Subject to the users consent, relevant data is transmitted from the smartphone to the Platform and is stored in Google Cloud located in the US.
1.4.3 The user hereby confirms their acceptance of mobile carrier costs they may incur while using the Cuvasol Products as a result of the transmission of video or audio data from their smartphone to either Apple or Google. Users are encouraged to refer to the terms and conditions of their mobile provider for further details as to any costs or usage requirements.
1.4.4 The user may access affiliates or third-party providers offering items for purchase using the collected points and/or payment via credit card. The purchase of such items is not managed or operated by Cuvasol or the Cuvasol Products. Please consult the terms and conditions of such third party and affiliate providers when exchanging points and making a credit card purchase.
1.5 Effect of Registration
1.5.1 By registering, the user confirms his/her knowledge and acceptance of these Terms.
1.5.2 Each user shall be entitled to use only one (1) active account at a time with Cuvasol. In the event the user deletes their account they will be required to register a new account.
1.5.3 Following successful registration, the user can log on to the Platform by either (i) entering his/her email address and their chosen password, or (ii) accomplishing the login via Facebook Connect or Google Sign-In.
1.6 Rights of Cuvasol
1.6.1 Cuvasol reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
1.6.2 Cuvasol reserves the right to contact you at any time to verify your registration data.
1.7 User Identity Cuvasol is not responsible for the actual identity of the user since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages.
2.1 General Cuvasol allows for the delivery of software, text, graphics, images, video, audio and data (collectively the Content) which is owned by us or may be provided through an arrangement we have with other affiliates, subcontractors or business partners. This Content is protected by trademark and/or copyright laws in India, the US and Europe and any unauthorized use of the Content may violate our copyright and trademark rights.
2.2 Cuvasol permits its users to use the Cuvasol Products in accordance with these Terms. You may not sell, transfer, assign, license, sublicense or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute or otherwise use our Content in any way for any public or commercial purpose except to use the features which by their nature involve publishing or sharing of Content with the public. You may upload, save, publish, distribute, transmit, and share content you create or which you own or to which you have the rights, with other users.
2.3 Disclosure Cuvasol shall have the right to save your content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary to:
2.3.1 comply with statutory law, or court or administrative orders.
2.3.2 ensure compliance with these Terms.
2.3.3 react to claims of breaches of law raised by third parties. or
2.3.4 safeguard the rights, property, or personal safety of Cuvasol, its users and the public.
2.4 Use of Content The user grants Cuvasol the irrevocable, free, non-exclusive and unlimited right to use or dispose of all content generated, transmitted, saved and published by such user. Accordingly, Cuvasol shall have the right to use, irrespective of the type of usage, all content submitted or created by the user via their use of the Cuvasol Products for any activity of Cuvasol or any company affiliated with Cuvasol. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this regard, the user waives, to the extent legally permissible, all intellectual property and moral rights
2.5 Supervision Cuvasol shall not be responsible for inaccurate content created by users, e.g., details regarding interview answers etc. Cuvasol does not claim ownership of any content created by users and will not supervise such content.
2.6 Deletion Cuvasol reserves the right to delete content created by users, such as videos, images without giving reasons.
3. GENERAL OBLIGATIONS
3.1 Fraud protection
3.1.1 You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at support@Cuvasol.com of any unauthorized or fraudulent use
3.1.2 Cuvasol will not refund any amounts paid by you to third party providers or affiliates, you must contact such parties directly.
3.1.3 Cuvasol has the right to close or delete the account of any user in the event of any unauthorized or fraudulent use of the account.
3.2 Promotions and Free Offers Cuvasol may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.
3.3 Changes to the App Cuvasol reserves the right to change options or features in the App. In most cases Cuvasol makes changes to the App to enhance or improve it.
4. USER OBLIGATIONS AND CONDUCT
4.1 Each user of the Cuvasol Products must:
4.1.1 only save, publish, transmit and distribute such content, e.g. photos, audio, text, representations, or videos, if the user is the owner and/or is authorized to pass on such content. If the user is not the owner of such rights with respect to content provided by it, the user guarantees to Cuvasol all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content.
4.1.2 not save, publish, transmit or distribute any content which is racist, insulting, discriminating, sexual in nature, threatening, harassing, impersonates another user or person, encourages, or glorifies violence/hate or is otherwise illegal.
4.1.3 not send messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam to other users.
4.1.4 not carry out any disrupting interferences in the Cuvasol network, including the Cuvasol Products, by use of technical or electronic aids, such as hacking attempts, brute force attacks, planting of viruses/worms/trojans and other disrupting attempts regarding Cuvasol software or hardware; not send messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam to other users;
4.1.5 not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, the accessible details, usernames, or email addresses of users without the consent of the respective owner.
4.1.6 not use the Cuvasol Products for commercial purposes unless specifically approved by us.
4.1.7 provide prompt notice via email to support@Cuvasol.com of any detected breaches of these obligations.
5. BREACH OF USER OBLIGATIONS
5.1 Sanctions To ensure the proper and reliable provision of Cuvasol Products, Cuvasol imposes the following sanctions upon breach of obligations 4.1.1 to 4.1.6 by a user:
5.1.1 a warning.
5.1.2 deletion of content.
5.1.3 temporary deactivation of user account; and
5.1.4 deletion (irrevocable deactivation of account).
5.2 The type of sanction shall depend on the purpose, impact, and type of breach considering Cuvasol interests.
5.3 Termination. In the event a user account is deleted in accordance with section 4, the respective user shall not be permitted to register again.
6.1 Discontinuation of App Cuvasol reserves the right to discontinue the App. All users shall be given notice of the discontinuation of the App. Please note, during the notice period the two following limitations apply:
6.1.1 It may not be possible to download the App on another device.
6.1.2 Cuvasol will not update the App during this period. Therefore, if the operating system of your device is updated or if other relevant third-party technical services change during this period, it may not be possible to use the App any longer. Cuvasol assumes no liability for this.
6.2 Notice. Cuvasol may give notice as mentioned under section 6.1 by email or through communication within the Site or the Platform.
7.1 User Termination. Each user shall have the right to terminate the use of Cuvasol Products (i.e. to delete their account) at any time via his/her account settings. Such termination shall be confirmed to the user.
7.3 Cuvasol Termination. Cuvasol reserves the right to delete a users account for reasons due to gross breaches of the users obligations as set forth in these Terms and any ancillary agreements.
8. REPRESENTATIONS AND WARRANTIES
8.1 Limitation Cuvasol does not claim or warrant the following:
8.1.1 the Cuvasol Products will always be available, or they and the necessary hardware and software will be completely free from errors; and
8.1.2 the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded, or distorted by third parties.
8.2 Own Risk The user uses the Cuvasol Products exclusively at his/her own risk. This applies, without limitation, to:
8.2.1 the related use of any hardware, including, but not limited to, (i) the respective smartphone, (ii) chest straps, and (iii) smartphone dongles.
8.2.2 downloading the users own- and third-party content; and
8.2.3 any use by the user of data created or provided by Cuvasol, including, but not limited to recommendations for actions. The user explicitly acknowledges any such data or content may contain errors, and Cuvasol does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
8.3 External Content Additionally, Cuvasol does not make any representations or warranties with respect to external links, banners or other information and marketing offers which may be made accessible to the user. Any contractual arrangements entered into between the user and a third-party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third-party provider only. Cuvasol does not make any representations or warranties with respect to products or services of third-party providers.
9. LIMITATION OF LIABILITY
9.1 General Cuvasol shall be liable as currently provided by law only if Cuvasol has caused a certain damage willfully or with gross negligence. Cuvasol shall not be liable for damages, pecuniary losses, lost profits, or damages resulting from claims of third parties.
9.2 Content Unless required by law, neither Cuvasol nor any of its business affiliates shall be liable for damages resulting from the use of a users or third partys content made accessible through the use of the Platform or other forms of use of the Cuvasol Products. This also applies to damages resulting from errors, problems, viruses, or loss of data. If you are a copyright owner or agent and believe any user content infringes upon your rights, you may submit a notification pursuant to the Digital Millennium Copyright
Act (DMCA) by providing us with your fully complete DMCA notice as per 17 USC 512(c)(3) to support@Cuvasol.com
9.3 Downloads Cuvasol assumes no liability for downloaded material or material obtained because of using the Cuvasol Products. The user is solely responsible for any damages caused by such materials to his/her computer or smart phone system or for information which is lost because of downloading materials from any of the Cuvasol Products.
9.4 Conflicts The user is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The user acknowledges and accepts that Cuvasol will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
10. INDEMNIFICATION BY USERS
10.1 Indemnification The user shall indemnify Cuvasol for all claims, demands or actions raised by third parties as a result of a users infringement of such third partys rights in connection with content uploaded to any of the Cuvasol Products by such user, as a result of users own breach of these Terms or as a result of any other usage by such user of applications available from Cuvasol. The user shall bear the costs of any legal proceedings and accounting fees, in which Cuvasol may be involved in connection with such claims, including all court costs and attorneys fees to the extent permitted by law, unless the user was not at fault in causing such infringement.
10.2 Support In the event a claim is brought by a third party, the user shall promptly, truthfully, and completely make available to Cuvasol all information held by such user which may be necessary to verify such claim and defend against it. Any additional claims for damages to which Cuvasol may be entitled to bring against the user shall not be affected.
11. CHANGES TO THE TERMS
11.1 General Cuvasol reserves the right to amend these Terms from time to time, in writing only, for several reasons including, without limitation, commercial reasons, to comply with applicable law or regulations, or for customer service reasons. At any time, the then-current version of these Terms is available for viewing in the App and on the Site.
12.1 Severability Clause In the event individual provisions of these Terms shall be or become invalid, all other terms and conditions shall remain in full force and effect.
12.2 Governing Law and Jurisdiction These Terms and all contractual relations and litigation between the users and Cuvasol shall be governed by Indian laws, excluding the conflict of law-provisions.
12.3 Place of delivery and exclusive court of jurisdiction shall be Bangalore, Karnataka India. For any questions or comments regarding the Terms please contact us at: 1140, 1st cross, 1st block, HAL 3rd stage, Bangalore 560075, Karnataka or email us support@Cuvasol.com