We at Xacmaz Technology Pvt. Ltd. (“our”, “us”, “we”, “Company”) have developed the Blue Sky Analytics website available at: https://blueskyhq.in/ and (ii) the web and mobile application available a https://aqi.breezo.in/ and BreeZo respectively. (collectively referred to as “Platform”). We, via our Platform (i) provide our users (“you”, “your”, “yours”) access to high-resolution and high-frequency environmental data, as well as our newsletter, reports, research articles, videos and updates; and (ii) develop tools to understand and predict climate change. Our mission is to enable you and other stakeholders improve environmental monitoring globally.

These terms of use (“Terms”) govern how you access and use the Platform and any of our services therein, including (i) any API tools (“APIs”) developed by us (ii) newsletter, reports, research articles, videos and updates developed by us (“Research Material”), (iii) any chatbots developed and made available by us on any platforms, including but not limited to the Platform, any third party social media websites and instant messaging sites (collectively referred to as "Bots" ); and (iv) online service, data and information, or products developed by us and made available on the Platform, including BreeZo (available at: https://blueskyhq.in/products/), any other affiliated website in relation to these products operated exclusively by us (collectively “Services”). Please read these Terms carefully before you access and use the Platform or any Service as they constitute the agreement between you as our users and us. Your use of the APIs and any of the Services may be subject to further terms and conditions, as may be released by us from time to time and your use of the APIs and the Services shall be subject to your compliance with such additional terms as well.

By accessing or using the Platform or the Service, or by CLICKING “I AGREE,” “SUBMIT”, OR THE LIKE (if provided) indicating acceptance electronically, you have read, understood, and agree to be bound by these Terms and to the to the collection and use of your information as set forth in our Privacy Policy(available at: Privacy Policy, incorporated by reference into these Terms).

We may revise these Terms as well as update the Platform and our Services from time to time, so please keep visiting this page regularly. If you do not agree with any part of these Terms, please stop using the Platform immediately.

1. Eligibility and Use

In order to use or access our Platform and services, you must be competent to enter into a contract under applicable laws. If you continue using the Platform, then you represent and warrant to us that you are competent to enter into a valid and binding contract under applicable laws. In the event you access or use the Platform or Services for and on behalf of a legal entity (whether a single or multiple entities), you represent and warrant that you have the authority to bind such entity (and its affiliates or associated entities) to these Terms.

To access certain features offered by the Platform, you may need to create a user account (“User Account”). To create a User Account (as and when applicable), you will need to provide us your contact details (e-mail address, telephone number, mailing address etc.), age/date of birth, or any other information required you to provide the services on our Platform. You will also be required to create a unique username and password. You will be responsible for maintaining confidentiality of your User Account, password, and restricting access to your computer or mobile device, and you hereby accept responsibility for all the activities that occur on your User Account. You acknowledge that the information you provide does not infringe any third party rights. If you know or have reasons to believe that the security of your BlueSky User Account has been breached, you should contact our grievance officer immediately as per the contact information provided in these Terms. If we find a security breach or suspected security breach of your User Account, we may require you to change your password, and/or temporarily or permanently block your User Account without us incurring any liability.

In addition, you agree to comply fully with all applicable export laws and regulations to ensure that neither the Services, nor any data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

2. Grant of license

Subject to your full compliance with these Terms, we grant you a non-assignable, non-exclusive, non-commercial, revocable, non-transferable, limited license to access and use the Platform and Services solely for your personal or internal business purpose (as the case may be) as authorized under and in accordance with these Terms. You do not have any permission to download, copy, install, or use the Service for any other purpose without our prior written consent.

Some parts of the Service (including APIs) may be subject to an open-source copyright license agreement and use of said Services will therefore also be governed by the open-source license terms provided with the said Service. We may, in our sole discretion, add or remove functionality from the Platform, including releasing new products, Research Materials, and APIs from time to time.

3. Opt-Out Request

If you provide us with your email address then, we may send you Research Materials and any information we deem relevant regarding our Services, including release of new services or modification to the features of the Services. If you do not wish to receive such messages and notifications and would like to unsubscribe from our mailing lists, you may do so by contacting us at support@blueskyhq.in. Do note that we may still send you information we deem necessary and in your interest despite your unsubscribing from our mailing list.

4. Use of Bots and Chatboxes

We may develop Bots and allow you to connect with us vide various social networking sites as well instant messaging platforms (“SNS Sites”). Please note that your use of the SNS Sites is subject to the terms of use and privacy policies of these SNS Sites, and by using the Bots vide the SNS Sites you represent and warrant that you have the permission and authority to use such Bots. If you access the Bots vide our Platform, then we may require you to share your email ID and/or phone number with us.

You further represent and warrant that using the Bots shall not make us liable in any manner, whatsoever for any loss of information, changes to your SNS Site account privileges and benefits, or any other loss or liability that may be suffered by you.

Subject to the privacy policy of the SNS Site and governing the use of the SNS Site account, any personally identifiable information that you post on such SNS Site may be visible to us. If your SNS Site account becomes unavailable or our access to the same is terminated by the SNS Site or you, the content which was being accessed by us through such SNS Site account or provided to us by you would no longer be available to us.

5. Third-Party Data and Content

In order to host the Platform and provide you the Services we may use various third-party data, software and/or services. While we have appropriate agreements in place with these third parties, we do not accept any liabilities that may arise from our use of/reliance on such third-party data or services.

We may also share content, reading material, information and links to secondary websites on the Platform. However, this does not mean we endorse these third parties or their content or require you to visit these websites, unless provided otherwise expressly. These third-party service providers have their own terms of use and privacy policies and your use of their services shall be subject to these terms. You should use the data and/or avail such services only after you have read their terms of use and privacy policies. If you accept or use any of the data or services provided by such third parties, then you alone shall be liable for any consequences of such use. Further, if you use any third-party service providers to access any of our Services, then your use may be subject to the terms and conditions of such service providers as well.

6. Disclaimers and Limitations

All the data and information on the Platform and Services is invalidated at the time of publication and may be amended, without notice, at any time. While we have exercised reasonable skill and care in compiling the information on the Platform, under no circumstances will we, our employees or agents be liable in contract, tort or otherwise for any direct or indirect, special or consequential loss, injury or damage including loss of revenue, loss of reputation or good will, loss of profit, compute or device failure, lost or corrupted data, interruption of business, arising directly or indirectly use or access of the Platform, the Services and/or APIs or reliance on the information so provided to you.

We accept no responsibility for any of the information that we communicate or Services we provide to you in good faith. We are not responsible for any losses that you might incur from any inaccuracies in our information and data. Our services are provided on an “as is” basis without any representations or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Platform, or Services, including its uninterrupted, timely, secure or error-free provision, or continued compatibility for your use. You further agree and understand that in the event that the data sets available become erroneous or unavailable then we may not be able to provide any Services, information or data to you and any information provided to you may be unusable.

7. Intellectual Property

All rights, interest and title in all content, all images, illustrations, graphics, video clips, text, reports generated, databases, utility models, underlying technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, underlying codes and algorithm, mask works, moral rights, trade secrets, copyrights, trademarks, patent, rights of publicity, trademarks, service marks, logos and designs, data analysis, data models, data sets, formulae and processes, and any upgrades, fixes, improvements or modifications thereto in relation to the Services, Research Material, APIs, API documentation, products or Platform (“Intellectual Property”) unconditionally vests with us and constitutes our exclusive Intellectual Property.

You only have a limited, non-assignable, non-exclusive, non-commercial, revocable, non-transferable license to access our Platform and use its various features for your personal and/or internal business use and lawful requirements only. You do not have the right to duplicate, distribute, creative derivative works of display, or commercially exploit our Intellectual Property, directly or indirectly, without our prior written permission. In the event that you create any derivative works using our Intellectual Property without our explicit written permission then we shall have all ownership and beneficial rights in such derivative work free of charge.

We shall further have a worldwide, non-exclusive, sub-licensable, perpetual, royalty-free and irrevocable right to use any and all text, images, profile information, data, video, content, materials, information or communications, feedback, or hyperlinks to any of the foregoing, that you provide to us, for (i) any marketing as well as product or Service improvement, (ii) formulating reports based on your information and data (in aggregate and anonymous form) to optimize and benchmark our Services for other customers, and (iii) perform such other actions as may be reasonably necessary in connection with your use of the Service. You agree that any feedback or communication you provide to us as provided herein is unsolicited and without restriction and does not place us under any fiduciary or other obligation, and that we are free to use the same without any additional compensation to you, and/or to disclose it on a non-confidential basis or otherwise to anyone. In the event that you provide us with your name, likeness, or image then we shall also have a worldwide, non-exclusive, sub-licensable, perpetual, royalty-free and irrevocable right to use such name, likeness, and images for marketing purposes.

We are committed to ensuring that none of the information or content on the Platform violates the law or infringes third-party intellectual property rights. While we preliminarily review content on the Platform, we are not an adjudicatory authority and cannot determine definitively whether any content violates the law or infringes third-party intellectual property rights. However, if you report any content to us, and if in our reasonable opinion the content so reported violates these Terms, then we will, within 36 (thirty-six) hours of making such a determination, take down such content.

8. Privacy Policy

These Terms incorporate our Privacy Policy available at: [insert link] by reference (“Privacy Policy”). The Privacy Policy provides the manner in which we collect, retain, share, store, and processed your data and information. It also enumerates your rights and our privacy practices. Please go through the Privacy Policy carefully before you start using our Platform and Services.

9. Limitation of liability

Neither we nor any of our affiliates and respective investors, directors, officers, employees or agents shall be liable for any special, incidental, punitive, direct, indirect or consequential damages or losses suffered as a consequence of the use of or the reliance on the Platform. In any case, our total aggregate liability arising from any Dispute shall never exceed Rs. 500 (Rupees Five Hundred).

10. Indemnification

You agree to indemnify and hold harmless us as well as our affiliates and the respective investors, directors, officers, employees and agents thereof from any and all costs, losses, damages, liabilities, claims, including third party costs, claims and damages arising from your breach of these Terms, or from your use of the Platform or Services.

11. Restriction on Use

You will not introduce any trojans, viruses, any other malicious software, any bots or scrape our Platform for any information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. You will not: (i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer, decode or decompile, modify, alter, scrape, or create derivative works of any part of the Platform, or Service, remove any copyright notices and proprietary legends from the Service; (ii) use the Platform or Service in any manner or for any purpose that violates any applicable law; (iii) use the Platform or Service in any manner that could reasonably be interpreted to suggest that the use represents our views. If you do or attempt any such acts, we may terminate your use of the Platform or Services. We may further report such actions to the appropriate law enforcement authorities and proceed against you with legal actions.

You further covenant that you shall not, whether directly or indirectly identify us or display any portion of the Platform on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights. You shall not identify or refer to us, the Platform or any products or Services made available by us in a manner that implies an endorsement or any relationship between us.

You will provide all required notices, and obtain all required consents, that relate to your use of the Platform and Services, and that allow us to receive and use content as permitted under these Terms, including from individuals who use websites, applications, or other products or services that you incorporate the APIs or portions of the Services into and any content that you may receive in relation to the same.

12. Term and Termination

This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Platform and/or Services; and/or (ii) terminate this agreement and your use of the Platform or Services with or without cause.

Upon termination of these Terms, you shall destroy and remove from all websites, applications, computers, hard drives, networks, and other storage media all copies of the Service and/or APIs, you shall stop using all aspects of the Service, and you shall certify to us that such actions have occurred. We shall have the right to inspect and audit your websites, applications, and facilities to confirm the foregoing.

13. Grievance Officer

Sections 5 (Disclaimers and Limitations), 6 (Intellectual Property Rights), 7 (Limitation of Liability), 8 (Indemnity), 11 (Term and Termination), Section 12 (Grievance Officer) and Section 13 (General Provisions) shall survive termination of this agreement.

In order to address any questions or grievances that you may have regarding the use of the Platform, please contact our grievance officer (“Grievance Officer”) in the following manner:

Name: Tejasvini Puri

Email: support@blueskyhq.in

14. General Provisions

Modification We reserve the right to modify, suspend, or discontinue the Platform and any Services provided vide the Platform (in whole or in part) with or without notice to you, in our sole discretion. This includes requiring you to create a user account and providing us with certain personal information to us, as well as charging you a fee for any of the Services we deem fit. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform or Services or any part thereof. If a modification to these Terms, or use restrictions is unacceptable to you, you should immediately stop and discontinue your access and use of the Platform and the Services. Continued use of the Platform and/or Service will be deemed acceptance of any such modifications.

Disputes

These Terms and any action related thereto will be governed by the laws of New Delhi. Any disputes arising out of or related to the Terms, Platform, or the services (collectively, “Dispute(s)”) shall be subject to the jurisdiction of the courts located in New Delhi. Any and all Disputes shall be referred to and finally resolved by arbitration, held in accordance with the provisions of the Arbitration and Conciliation Act, 1996, including any amendment or modification thereto. The arbitral tribunal shall consist of a sole arbitrator appointed by you and us mutually. The seat and venue of arbitration shall be New Delhi. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings, unless otherwise stated in the award.

Assignment

You shall not assign or transfer any right or obligation that has accrued to you under these Terms, and any attempt by you to assign or transfer such rights and obligations, shall be null and void. We may assign or transfer any right or obligations that accrued in our favour, at our sole discretion, without any restriction.

Waiver

Unless otherwise stated expressly, any delay or failure in our exercising of any rights/remedies arising out of these Terms and/or other policies available on the Platform, shall not constitute a waiver of rights or remedies and no single/partial exercise of any rights or remedies, hereunder, shall prevent any further exercise of the rights/remedies by us.

Copyright Notice If you believe that that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify us at legal@blueskyhq.in with the following information in writing:

• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Service;
• Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and e-mail address; and
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.

Communications

You consent to receiving communications from us electronically. This shall include notifications, promotions, advertisements and other communications related to our Platform, information and other content and services. We will communicate with you by e-mail, through push notifications on your computer or mobile device, or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes to any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Platform and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id.

Severability

If any provision of these Terms is held illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held invalid, illegal or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under applicable laws.

Updates

We may update, change and alter these Terms without notice to you. Please visit this page from time to time to remain aware

This Terms of Service (the "TOS") describes your the rights and responsibilities ("You/Customer") when accessing: (i) our publicly available application programming interfaces (the “APIs”), related API Documentation (“API Documentation”) and the data contained in our APIs (“API Data”); (ii) our online hosted services; (iii) the data and information provided to you by us (including, without limitation, through our online hosted services); and (iv) any other technology, platform, dashboard or software of ours' (or our licensors) provided by us to you that provides or allows you to access any of the foregoing (i) through (iv) collectively, the “Service”).

By accessing and/or using our Service, you agree that you have read, understood, and accept the TOS. You should also note that by accepting the TOS or by accessing or using our Service, you agree to be bound by our Privacy Policy and Terms of Use, which are incorporated here by reference. It is important that you read all terms carefully because you will be legally bound to these terms.

For the purpose of this TOS, wherever the context so requires the term "You", "Your", "User" shall mean any natural or legal person, and are of legal age to form a binding contract with Us. By accepting this TOS you are also representing that you are not barred from using or receiving the API’s under the applicable laws of the India or other countries including the country in which you are resident or from which you use the APIs. The term "We", "Us", "Our" "Company" shall mean Xacmaz Technology Pvt. Ltd. (using trade name "Blue Sky Analytics"), our subsidiaries, and affiliated entities, if any. If you are accepting the TOS on behalf of the Customer, you represent that you have the authority to accept this TOS, and bind such entity to the terms contained here. In such case, the terms “you” or “your” shall also refer to the Customer. If you do not have such authority, or if you do not agree with this TOS, you should not use the Service.

1. How do you get access to our Services?

You will need to Register and create an account. For the purpose of accessing and using our Services you will need to register and create an account, you shall provide us with true and correct contact information. Please update the said information as and when necessary.

Once you have successfully registered and provided such information as may be required by us, you will be given an API license key(s) ("API Key") relating to the APIs which will give you access to the public endpoints. If you want access other endpoints, you may need to subscribe to our subscription plans as may be notified from time to time.

All activities that occur related to your account and API Key(s) are your responsibility. You agree to keep such account information and API Key(s) information confidential. You shall not share or provide access to the user account to any third-party except your employees. In any event if you share your account details and/or or API Key(s) information with any third party it shall be solely your responsibility. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. You shall not use the API Key(s) for any purpose other than as necessary to exercise rights granted under the TOS. In the event that you suspect that your account may have been compromised, you must immediately notify us. If we find a security breach or suspected security breach of your account, we may require you to change your password, and/or temporarily or permanently block your account without us incurring any liability.

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences of any such breach.

2. What are the different plans that we provide?

Subscription Plan: We will provide details regarding the number of calls and payment amount via email at the address provided by you. Please ensure that the contact details and email address provided are correct and up to date at all times.

Please note that any email/invoice raised on you pursuant to this API TOS will be an integral part of the said terms of service. In the event of any conflict, the API TOS shall prevail to the extent of the conflict.

Starter Plan: We are also providing limited Services for free for the purposes of testing the use and efficacy of the said data with a limit of 300 calls per month (“Starter Plan”). Once the Starter Plan is over, if you want additional calls, you can contact our team for a subscription plan.

3. How does payment work?

We will we raising an invoice at the end of the month. Full payment must be received within fifteen (15) days from the invoice date. Payment obligations are non-cancellable, and fees are non-refundable and, except as expressly stated in the TOS, fees paid are non-refundable.

We reserve the right to change the subscription plan, and will notify you regrading the same. The new or modified subscription plan (unless otherwise notified) will effective start from the next monthly billing cycle.

In the event you choose to downgrade any subscriptions from a premium paid plan to a free basic plan, you will remain responsible for any unpaid fees under the paid plan, and we shall not be liable to make any refunds or offset the payment payable for the basic plan. Even if you change from a paid plan to a free plan, we will not be liable to refund any money, and Services under the prior paid plan will be deemed fully performed and delivered upon expiration of the initial paid plan subscription term.

Fees are exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively “Taxes”). You will be responsible for paying all Taxes associated with the its purchases of API, except for those taxes based on our net income. Should any payment for the Services be subject to withholding tax by any government, user will reimburse us for such withholding tax.

4. Do you have the right to downgrade the Services?

Yes, under certain circumstances specified here. If any fees owed to us by you (excluding amounts disputed reasonably and in good faith) is overdue for thirty (30) days or more, we may, without limiting our other rights and remedies, downgrade any fee-based Services to free plans until those amounts are paid in full, so long as we have given you ten (10) or more days’ prior notice that your account is overdue. You acknowledge and agrees that a downgrade will result in a decrease in certain features and functionality and potential loss of access to the Services. We also encourage you to compare the subscription plans as may be notified from time to time.

5. What rights do you get on purchasing our Services?

Limited License. So long as you follow the terms provided here, we grant you a limited, non-exclusive, non-assignable, non-transferable, revocable license to (a) access and view the API Data; (b) use the Services to research, develop, test, and support any software application, website, or product; and (c) integrate our APIs with your Application (the term "Application" means any software application, website, or product you create or service you offer using the API). This means that you can use our API and API Data for very limited purpose, and cannot sell, rent, lease, sublicense, redistribute, or permit access to our API and/or API Data to any third party without our express consent.  A more detailed list of terms which govern the grant of license is provided below under question #8.

6. Can we place certain limitations on use of Services?

Yes. We may set and enforces limits on your use of the Services (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented from time to time. If you would like to use any of our Services beyond these limits, you must obtain our express consent. To such approval, contact our team for information at support@blueskyhq.in. We reserve the right to employ security measures to monitor usage of the Services to ensure that you are in compliance.

7. Are there any restriction on the third-party data that we use? If yes, then what are such restrictions?

Yes. Third Party Data is subject to third party license agreements. In connection with the Services, we may make available certain data, content and information provided by third parties (“Third-Party Data”). All or some portions of Third-Party Data may be subject to separate third-party license agreements, including open source license agreements. Notwithstanding anything to the contrary in this TOS, such third-party license agreements will govern your use of such Third-Party Data and control and supersede the TOS to the extent of any conflict herewith. You are responsible for compliance with all third-party license agreements applicable to Third-Party Data. Such third parties may modify their license agreements and set use restrictions from time to time and it is your responsibility to check for updates to such license agreements or use restrictions. If a modification of any third-party license agreement, or use restrictions is unacceptable, you may discontinue use of the Services. Continued use of the Services will be deemed as an automatic acceptance of any such modifications.

8. Can you monetise your product developed on basis of our API?

Yes. You can charge a fee for the product that you create by using and integrating your Application with our APIs and API Data. But under no circumstance can you charge or monetise our APIs or our API Data.

9. Are there any specific terms that you need to follow for continued and uninterrupted use of the Services?

Yes. You are solely and fully responsible and liable to us for the activity that occurs on your account, including the acts or omissions of each authorized user on your account or any other person accessing or using the Service through or in connection with your account**.** You need to ensure that you shall not:

• share your API Key with any third party and keep all login information secure. Accordingly, you should use the API Key as your sole mean of accessing the Services.
• sublicense our Services to a third party.
• use the Services in violation of any applicable law or regulation, or rights of any person, including our and/or any third party’s intellectual property rights, and rights of privacy. You agree that you are solely responsible for: (a) your compliance with all applicable laws and regulations, and (b) monitoring any modifications to applicable laws. You further agree that you shall not use the Services in connection with collection or storage of any data from any persons' unless and until such person has validly consented to such collection of data.
• use the Services in connection with building a competitive Service
• use the Services in a manner that exceeds limits, or constitutes excessive or abusive usage.
• break or circumvent any of our technical, administrative, process or security measures; disrupt or degrade the performance of the Services; or test the vulnerability of our systems/ networks.
• pose a security vulnerability to our users.
• replicate, or compete with our Services.
• reverse engineer or otherwise derive source code, trade secrets, or know-how of Services.
• use the APIs for any activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
• place any advertisements in relation to our Services. You may place advertisements on and around your Application. However, Your advertisements may not resemble or be reasonably likely to confuse users as being our Services or imply that we are endorsing your site or your products/Application.
• create a browser or border environment around the content provided to you as a part of the Services.
• misrepresent your relationship with us, our employees, members, officers or directors.
• use our name, logo, trademark, trade names, service marks, domain names, and other distinctive brand features or other identifier without our express written authorization.
• remove, conceal, or obliterate any copyright or other proprietary notice, source identifier, or credit line.
• link from a website that could be construed as distasteful or offensive, obscene, defamatory, libelous, misleading, or being used for illegal purposes or that infringes upon any intellectual property or other right of any entity or person.
• upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, discriminatory, defamatory, vulgar, obscene, libelous, invasive of another's privacy or without another's permission, hateful, or racially, ethnically or otherwise objectionable to any person for any reason (based on race, sex, religion, nationality, disability, sexual orientation or age), natural or corporate.
• harm minors in any way; impersonate any person or entity, including, but not limited to, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• upload, post or otherwise transmit any falsified, composite, or otherwise non-authentic depictions of events, locations, landmarks, entities or persons (spoofs).
• upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "phishing" or any other form of solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive our services and business.
• upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• interfere with or disrupt our servers or networks or disobey any requirements, procedures, policies or regulations of networks connected to our Services.
• promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals, including, but not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.
• use your access as storage for remote loading or as a door or signpost to another home page, whether inside or beyond our site, without express written permission from us.
• capture, copy or store any portions of the API and/or API Data or any aspects thereof (such as hashed or transformed data), except to the extent permitted by this TOS.
• directly or indirectly impair or dispute the ownership of any part of the data.
• encourage or assist any third-party to do any of the foregoing.

If any unauthorized use is made of the Services and such unauthorized use is attributable to you, you will have to pay us an amount equal to the Fees that we would have charged for such use together with interest at 8% per annum.

10. Do we have any responsibilities? What are our responsibilities?

Yes. You aren't the only one with responsibilities. We have some, too.

We make the Services available to you and your authorized users as described in the TOS; and (b) not use or process your data for any purpose not specified in our Privacy Policy without your prior written instructions. Provided, however, that “prior written instructions” will be deemed to include use of the Services by authorized users and any processing related to such use or otherwise necessary for the performance of this TOS.

Be assured that (a) the Services will perform materially in accordance with this TOS; and (b) subject to applicable law, and the “Downgrade for Non-Payment” (please see question #3), we will not materially decrease the functionality of a Service during a subscription term. For any breach of a warranty in this section, your exclusive remedies are those described in the sections titled “Termination for Cause” and “Effect of Termination”.

We will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned downtime or periodic maintenance work. We expect planned downtime to be infrequent but will endeavour to provide you with advance notice, if we in our reasonable opinion think the interruption it may exceed five 5) continuous minutes.

11. Is your intellectual property over the Application protected?

Yes. You have complete ownership rights in relation to the Application. You will have complete ownership over the products or services you sell after integrating API with the Application. However, you will at no point have any rights over our Services including API, API Data, API Documentation or any content accessed through our APIs or associated with it. Subject to the rights and licenses granted under this TOS, you acknowledge and agree that, we are the sole owner of all rights, title and interest including, any and all worldwide copyright, patent, trademark, trade secret and other intellectual property rights in and to the all APIs, API Data (excluding any public domain data provided through the API), and/or API Documentation.

At no point will our performance of our obligations under this TOS or any term of the TOS will mean or confer upon you any right or license in or to the Services, APIs, API Data and/or API Documentation by implication, estoppel or otherwise.

12. Can you give us feedback on our Services?

Feedback is always welcome! The more suggestions you make, the better the our Services become. If you sends us any feedback or suggestions, there is a chance we will use it, so you grants us (for yourself and all your authorized users and other personnel) an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to you, any authorized user or other customer personnel. You further acknowledge that, by acceptance of your suggestion, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you. If we choose not to implement the suggestion, please don’t take it personally. We appreciate it nonetheless.

13. Do you need to have any specific security measures in place to access and use our Services?

No. However, you should have reasonable security measures in place. Your operating system and software of your web servers, databases, and computer systems must be properly configured and use reasonable security measures to protect your users’ information. We will at no point be responsible for any loss of data to you or your users.

14. Do you need to have any specific privacy policy governing the use of the Application?

Yes. You should have terms of use and privacy policy in place before the Application is offered to third parties. Your privacy policy must meet applicable legal standards and accurately describe the collection, use, storage and sharing of data. You must promptly notify us of any breaches of your user agreement or privacy policy that impact or may impact us, our Services, and our users in any manner.

15. Can the use of Services and this TOS be terminated by us?

Yes. We can at any point change without notice, suspend or discontinue the Services, suspend or terminate your use of the APIs, and/or terminate this TOS if we reasonably believe that you are in violation of any of the terms provided here.

16. Do you have a right to terminate this TOS?

Yes. You may discontinue use of Services and/or terminate this TOS at any point.

17. Are you under any obligations once this TOS is terminated? If yes, what are these obligations.

Yes. Upon the expiration or termination of this TOS for any reason, you agree to delete and otherwise discontinue all uses of the APIs, and the API Data. You shall not access or use our Services in any manner. In no event will any termination relieve you of your obligation to pay any fees payable to us for any periods prior to the effective date of termination. All payments pursuant to this clause shall be made within thirty (30) days of the effective date of termination.

18. Can we change our API and/or TOS?

Yes.  Our Services including APIs are still evolving, and will undergo changes from time to time. We will endeavour to provide advance notice of such changes.

We may also update or modify the TOS from time to time. Please take the time to periodically review this TOS for the latest information on our privacy practices. Your continued access or use of our Services after the date of the updated TOS constitutes your acknowledgment and agreement that you have read, understood and accepted the terms of the updated TOS. If you do not agree to the updated TOS, you must stop accessing or using the Services with immediate effect. The “Last Updated” date at the top of this TOS, reflects the effective date of such terms.

19. Are there warranties provided with the Services?

No. All Services, APIs and Third-Party Data are provided on an “AS IS” basis without any warranties of any kind, and we expressly disclaim any and all warranties, whether express or implied including any implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, accuracy, reliability, quality and completeness. We also make no warranties or provide any guarantee that the use of the Services, or Third-Party Data will be uninterrupted, secure or error free. You acknowledge and agree that you are relying on the Services at your risk.

20. Are you under any confidentiality obligations?

Yes.  You and your authorised user are required to maintain certain confidentiality obligations. You shall keep your user account details, API Keys and all of your credentials confidential and make reasonable efforts to prevent and discourage any third party from using your credentials.

You shall also keep all our communications confidential at all times. Our confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without our prior written consent. Please note that confidential information does not include information that you may have independently developed, that was rightfully given to you by a third party without any confidentiality obligation, or that becomes public through no fault of your own. You may disclose our confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we should not receive notice.

21. Do you need to cite us as a source ?

Yes. You and your authorised user must provide clear and visible attribution to all its recipients of the source, i.e., our Services. You are required to communicate our logo, brand, name, and/or trademark as provided in our branding/trademark usage guidelines or in the documentation for the API. You are required to comply with this obligation whether you directly or indirectly provide or distribute our API (subject to this TOS) to the public in any form including your contribution in publication or any material which contains our API or any adapted or modified form of the API. For this purpose, we hereby grant to you a non-transferable, non-sub-licensable, non-exclusive license while the TOS are in effect to display the attribution for the purpose of promoting or advertising that you use our Services.

22. In the end there are some additional general terms that you should keep in mind:

• Third Party Software: You acknowledge that effective utilization of the Services may require the use of a development tool, compiler and other software and technology of third parties (“Third Party Software”). You are solely responsible for procuring such Third Party Software and technology and the necessary licenses for the use thereof. We make no representation or warranty concerning Third Party Software and shall have no obligation or liability with respect to Third Party Software.
• Publicity: You ****grant us the right to use your name and reference including and your logo (if any) screenshots, video, or other content with your reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to your standard branding/trademark usage guidelines as provided to us from time-to-time. We don’t want to list users who don’t want to be listed, so users may send us an email to support@blueskyhq.in stating that it does not wish to be used as a reference.
• Limitation of Our Liability: Under no circumstances shall we be liable to you or any third party for any indirect, incidental, special, exemplary, consequential, or punitive damage including loss of profits, sales or business or loss of data, or for any amount in aggregate of the fees paid by you in the 1 (one) month preceding the event giving rise to your claim or if no fees apply then more than US $10. You specifically agree that you have relied on this limitation in determining whether to enter into this TOS.
• Your Indemnity: You agree to defend, hold harmless and indemnify us, and our subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users’ use of our Services, Application, APIs, API Data, or violation of this TOS, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit, or action.
• Dispute Resolution: This TOS and any claim, cause of action or dispute (“Claim”) arising out of or related to this TOS shall be governed by the laws of India, regardless of your country of origin or where you access the service from, and notwithstanding any conflicts of law principles. You agree that all Claims arising out of or related to this Agreement must be resolved exclusively in the courts located in the New Delhi, India.
• Severability: If any provision of this TOS is found illegal, void, unenforceable, then the unenforceable provision will be modified to make it enforceable to the maximum extent possible in order to effect the intention of the provision intact. If the provision cannot be so modified, it will be severed and the remaining provisions of this TOS will not be affected in any way.
• Entire Agreement: This TOS and any documents incorporated into this TOS by reference, constitute the entire agreement between you and us regarding the Services and supersedes all prior agreements and understandings between us.
• Notices: We may notify you via the email address associated with your Application.
• Waiver: Our failure to act with respect to a breach of this TOS by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. No representations, statements, consents, waivers shall be deemed legally binding on any us, unless documented in written form.
• Force Majeure: Neither we nor you will be liable by reason of any failure or delay in the performance of its obligations under this TOS on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
• Relationship: You and we are independent contractors. This TOS does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third party beneficiaries to this Agreement under this TOU. You will not make any statement regarding your use of our Services which suggests partnership with, sponsorship by, or endorsement by us without our prior written approval.
• Assignment: You may not assign or delegate any rights or obligations under this TOS, including in connection with a change of control. We may freely assign or delegate all rights and obligations under this TOs, fully or partially without notice to you.
• Surviving Provisions: Provisions related to "Termination", "Intellectual Property", "Representations; Disclaimer of Warranties," "Limitation of Liability," "Indemnification," "Limitations on Indemnifications," and "General Provisions," will survive any termination or expiration of this agreement.

23. How to contact Us?

If you have questions or comments about this TOS, or wish to make use of our Services in any way not permitted by this TOS, please contact us via email on support@blueskyhq.in.