These Website Terms of Service ("Terms") govern your access to and use of applybird.co and any associated subdomains, web pages, applications, free tools, content and materials made available by Applybird Technologies Private Limited ("Applybird", "we", "our" or "us") (together, the "Website").
By accessing or using the Website, whether as a guest or a registered user, you ("you" or "user") agree to be bound by these Terms. If you do not agree, do not access or use the Website.
The Website — including our marketing pages and any free or trial features — is distinct from our paid data products and services (the "Services"). The Services are provided solely under a separate written agreement, which may include a Master Services Agreement / Order Form, a Data Processing Agreement and a Permissible Use Policy (together, the "Services Agreement").
Nothing in these Terms grants you any right to access, use, license, copy or resell our data products. If there is any conflict between these Terms and a signed Services Agreement with respect to the Services, the Services Agreement prevails for the Services.
We may modify these Terms at any time. Changes take effect when the updated Terms are posted on the Website. Where required by applicable law, we will provide reasonable advance notice (at least 30 days) before material changes take effect. Your continued use of the Website after changes take effect constitutes acceptance. If you do not agree to the updated Terms, your sole remedy is to stop using the Website.
You represent that you have the legal capacity to enter into these Terms and that you are at least 18 years old (or the age of majority in your jurisdiction). If you use the Website on behalf of a company or other entity, you represent that you are authorised to bind that entity, in which case "you" refers to that entity.
You may use the Website only for lawful purposes and in accordance with these Terms. You must not:
We reserve the right to monitor use of the Website and to suspend, restrict or terminate your access, in our reasonable discretion, if you breach these Terms or if your conduct is otherwise unacceptable.
If you create an account, you agree to provide accurate and complete information, to keep your credentials confidential, and to be responsible for all activity under your account. You must notify us promptly at info@applybird.co of any unauthorised use or suspected security breach. We are not liable for losses arising from your failure to safeguard your credentials.
The Website and all of its content — including text, graphics, interfaces, software, code, databases, design, structure, selection, arrangement and "look and feel" (the "Website Content") — are owned by Applybird or its licensors and are protected by applicable intellectual-property laws in India and elsewhere.
We grant you a limited, revocable, non-exclusive, non-transferable right to access and view the Website Content for your internal, lawful and non-commercial purposes, subject to these Terms. No other rights are granted. You may not download, store, copy or exploit the Website Content except as expressly permitted here. For the avoidance of doubt, this licence does not extend to our data products, which are licensed only under the Services Agreement.
"Applybird", our logo and other brand features are trademarks of Applybird. Other names and marks appearing on the Website belong to their respective owners.
If you send us feedback, ideas, suggestions or other materials ("Feedback"), you represent that you have the right to do so, and you grant us a worldwide, perpetual, irrevocable, royalty-free licence to use, reproduce, modify and incorporate the Feedback for any purpose, without obligation or compensation to you. We are not obliged to treat Feedback as confidential.
The Website may contain links to, or integrations with, third-party websites and services that we do not control. We are not responsible for their content, availability or practices, and your use of them is at your own risk and subject to their terms.
We may add, modify, suspend or discontinue any feature or aspect of the Website at any time, and may offer different users different features or service levels, without prior notice and without liability to you.
The Website is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied or statutory, to the maximum extent permitted by applicable law. We specifically disclaim all implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement, and any warranties regarding the availability, accuracy, security, reliability or completeness of the Website or its content. We do not warrant that the Website will be uninterrupted, timely, secure or error-free, or that defects will be corrected.
To the maximum extent permitted by applicable law, Applybird and its directors, officers, employees, affiliates and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business, arising out of or relating to your use of (or inability to use) the Website, regardless of the legal theory and even if advised of the possibility of such damages.
To the extent any liability cannot be excluded, Applybird's total aggregate liability arising out of or relating to the Website will not exceed ₹2,000,000 (Indian Rupees two million). Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
You agree to indemnify and hold harmless Applybird and its directors, officers, employees and agents from and against any claims, liabilities, damages and expenses (including reasonable legal fees) arising out of your use of the Website or your breach of these Terms. We may assume the exclusive defence and control of any matter subject to indemnification, in which case you agree to cooperate.
We may suspend or terminate your access to the Website at any time, with or without notice, including if we reasonably believe you have breached these Terms. Upon termination, the rights granted to you cease. Sections that by their nature should survive termination (including Sections 7, 8, 11, 12, 13, 15 and 18) will survive.
These Terms, and any dispute or claim arising out of or in connection with them or with the Website (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of India, without regard to conflict-of-laws principles.
You and Applybird agree that the courts at Ghaziabad, Uttar Pradesh, India will have exclusive jurisdiction to settle any such dispute or claim, and you irrevocably submit to the jurisdiction of those courts.
You agree to comply with all applicable export-control, sanctions and trade laws, and you represent that you are not located in, or a national of, any country or on any list subject to applicable trade restrictions that would prohibit your use of the Website.
When you contact us or register on the Website, you consent to receive communications and notices from us electronically (for example, by email or by posting on the Website), and you agree that such communications satisfy any legal requirement that they be in writing.