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Terms & conditions.

The agreement that governs your use of the VYNKROH website, content and services.

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Last updated: 1 October 2026

1. Binding effect

This agreement (“Agreement”) is a binding agreement between you (“you”) and VYNKROH, a brand of Mayduke iTech, based in Bengaluru, India (“VYNKROH,” “Company,” “we” or “us”). By using the site at https://vynkroh.ai/ (the “Site”) or any information, materials, images, graphics, data, text, files, links, software, messages, communications, content, organisation, design, compilation, magnetic translation, digital conversion, HTML, XML, Java code and other content related to the Site (collectively “Content”) or services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as the Company may amend them from time to time in its sole discretion. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. Refund policy / cancellation

VYNKROH is committed to providing each customer with exceptional service.

We want you to feel comfortable about transacting business with VYNKROH. Due to the nature of the VYNKROH business and the accessibility of our products immediately upon purchase, there is a strict no refund policy after the subscription starts.

This refund policy is relevant to programs only. Any subscription-based products, such as the VYNKROH membership, VYNKROH member promotional rates, summit and/or event tickets, are non-refundable. However, you may cancel at any time by contacting Customer Support via email at [email protected]. See also our refund policy.

3. Privacy policy

Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy (the “Privacy Policy”) can be found here. Company’s Privacy Policy is expressly incorporated into this Agreement by this reference. When you are required to submit information to use or access the Site, Content or Service, you must complete the registration process by providing the information requested on the form. You agree to the terms in the Company’s Privacy Policy regarding the use of the information you submit.

4. Monthly subscription / autoship

If you purchase our products or services that are subscription based, you agree to pay, and authorise automatic recurring billing of, the subscription fee with your credit card or other payment methods, until subsequently cancelled by you. Your account will be charged every 30 days for monthly subscriptions. You understand and agree that each automatic recurring billing of the subscription fee is non-refundable and will not be prorated, as the service is deemed used when accessed. You authorise the Company to initiate debit entries from the account provided for the subscription fee, as well as any other purchases made on the Site. You may cancel at any time by contacting Customer Support at [email protected].

5. Data processing

VYNKROH provides marketing automation, CRM, communication and business management tools that may process personal data on behalf of its users.

Roles of the parties. Users of the VYNKROH platform act as the Data Controller for any personal data they collect or submit through the platform. VYNKROH acts as a Data Processor, processing such data solely for the purpose of providing and maintaining the platform services.

Scope of processing. Personal data may be processed for activities including customer relationship management, marketing automation, messaging communications, analytics, workflow automation and other platform functionalities.

Types of data processed. Data processed through the platform may include names, email addresses, phone numbers, communication history, social media identifiers and other customer-related information submitted by users.

Security and protection. VYNKROH implements reasonable technical and organisational measures designed to protect personal data against unauthorised access, loss, misuse or alteration.

Third-party service providers. VYNKROH may use trusted third-party service providers to support hosting, infrastructure, communication services, analytics and payment processing necessary to operate the platform.

User responsibilities. Users are responsible for ensuring that they have obtained appropriate consent and a lawful basis for collecting and processing personal data through the platform, and must comply with applicable data protection and privacy laws.

Data rights requests. Users are responsible for responding to requests from their customers regarding access, correction, deletion or portability of personal data processed through the platform.

6. Sub-processors

To operate and deliver the VYNKROH platform services, we may engage trusted third-party service providers (“Sub-Processors”) that assist with infrastructure hosting, communication services, data storage, analytics, payment processing and other technical operations necessary to provide the platform.

These Sub-Processors process personal data only to the extent necessary to support the functionality, performance, security and reliability of the VYNKROH platform.

VYNKROH ensures that any Sub-Processors engaged maintain appropriate confidentiality obligations and implement reasonable security measures to protect personal data.

Sub-Processors may be added or updated from time to time as required to support the continued operation and improvement of the platform.

7. License

Company owns or licenses all intellectual property and other rights, title and interest in and to the Site, Content and Service, and the materials accessible on the Site and Service, except as expressly provided for in the Agreement, including without limitation the trademarks, copyrights and certain technology used in making the Site, its Content and Service available. Except as specifically allowed in this Agreement, the copying, redistribution, use or publication by you of any Content or Service is strictly prohibited. We grant you a limited revocable license to access and use the Site, Content and our Service for its intended purposes, subject to your compliance with this Agreement and, if you are an affiliate of Company, your Affiliate Agreement and Company Policies and Procedures. The revocable license does not include the right to collect or use information contained on the Site or through the Service for purposes that Company prohibits, or to compete with Company.

You acquire no ownership or other interest in, or other license to, any patent, copyright, trademark, trade secret or other intellectual property right or to the Content. You acquire no rights or licenses in or to any trademarks, service marks, trade names or copyrights displayed on the Site. You may not reproduce, republish, distribute, assign, sublicense, retransmit, sell or prepare derivative works of the Site or Content, or resell or make our Service available to others. All rights in and to the Site, Service and our Content not expressly granted in this Agreement remain in us or in our licensors.

If you use the Site or our Service in a manner that exceeds the scope of this license or breaches any relevant agreement, your license shall terminate immediately.

8. Confidentiality

For the purposes of this Agreement, “Confidential Information” shall be deemed to include all the information and materials about the Company, the Site or the Service that: (i) if in written format is marked as confidential, or (ii) if disclosed verbally is noted as confidential at the time of disclosure, or (iii) in the absence of either (i) or (ii) is information which a reasonable party would deem to be non-public information and confidential, including, without limitation, all information provided on or through the Site or Service, trade secrets, inventions, research methods and projects, methods of compiling information, methods of creating databases, data processing programs, software, computer models, source and object codes, product formulations, strategies and plans for future business, product and service development and ideas, potential acquisitions or divestitures, marketing ideas, financial information including with respect to costs, commissions, fees, profits and sales, mailing lists, information concerning our affiliates and customers, potential affiliates and customers and suppliers, and employee information including their respective salaries, bonuses, benefits, qualifications, abilities and contact information.

You acknowledge and agree that the nature of the Confidential Information to which you have, and will continue to have, access derives value from the fact that it is not generally known and used by others in the highly competitive, international industry in which Company engages and operates.

You acknowledge that you are receiving the Confidential Information in confidence, and you will not publish, copy or disclose any Confidential Information without prior written consent from Company. You further agree that you shall not attempt to reverse engineer, de-compile or try to ascertain the source code to our software or any other software supplied hereunder. You acknowledge that you will only use the Confidential Information to the extent necessary to use the Service and promote your business in accordance with your agreements with Company, and that you will use best efforts to prevent unauthorised disclosure of the Confidential Information to any third party.

You agree not to, alone or in association with others, use the Confidential Information to (i) solicit, or facilitate any organisation with which you are associated in soliciting, any employee, affiliate or customer of ours to alter his, her or its relationship with us; (ii) solicit for employment, hire, or engage as an independent contractor, or facilitate any organisation with which you are associated in soliciting for employment, hire, or engagement as an independent contractor, any person who was employed by or under contract with us at any time during the term of this Agreement (provided that this clause (ii) shall not apply to any individual whose employment or contractual relationship with us was terminated for a period of one year or longer); or (iii) solicit business from or perform services for any customer, supplier, licensee or business relation of ours; induce or attempt to induce any such person or entity to cease doing business with us; or in any way interfere with the relationship between any such person or entity and us.

Other than as expressly provided for herein, you do not acquire any right or interest, by license or otherwise, in or to the Confidential Information.

You agree that all originals and any copies of the Confidential Information remain the property of Company. You shall reproduce all copyright and other proprietary notices, if any, in the same form that they appear on all the materials provided by us, on all permitted copies of the Confidential Information made by you. You agree to return all originals and copies of all Confidential Information in your possession or control to us at our request.

You shall be liable for any and all breaches of this Agreement and any unauthorised use or disclosure of Confidential Information. If you become compelled by applicable law, regulation or legal process to disclose any of the Confidential Information, you shall promptly provide us with notice in order for us to seek a protective order or other appropriate remedy. Further, if you become compelled to disclose any of the Confidential Information, you must disclose only that portion of the Confidential Information you are legally required to disclose, as confirmed by a legal opinion of your counsel at your expense.

9. Use of the site, content and service

You may only use the Site, Content and Service to promote your existing business, as expressly permitted in writing by us. You may not cause harm to the Site or Service. Specifically, but without limitation, you may not: (i) interfere with the Site, Content or Service by using viruses, programs or technology designed to disrupt or damage any software or hardware, or which attempts to assess the vulnerability of, or actually violates, any security feature; (ii) access any content or data not intended for you, or log into an account or server that you are not authorised to access; (iii) modify, create derivative works, reverse engineer, decompile or disassemble any technology used to provide the Site or our Service; (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site or our Service, except in the operation or use of an Internet “search engine,” hit counters or similar technology; (v) collect electronic mail addresses or other information from third parties by using the Site or our Service; (vi) impersonate another person or entity; (vii) engage in any activity that interferes with another user’s ability to use or enjoy the Site, Content or our Service; (viii) assist or encourage any third party in engaging in any activity prohibited by this Agreement; (ix) co-brand the Site, Content or our Service; (x) frame the Site or Service; (xi) hyperlink to the Site or Service without the express prior written permission of an authorised representative of Company; (xii) use the Site, Content or Service, in whole or in part, for any purpose that is unlawful, immoral or prohibited by this Agreement or any applicable local, state or national law, rule or regulation; (xiii) use the Site, Content or Service in any manner that could damage, disable, overburden or impair the Site or Service; (xiv) circumvent, or attempt to circumvent, any security feature of the Site; (xv) upload, email or otherwise transmit to or through the Site or Service any advertising, promotional or other unauthorised communication, including, without limitation, “junk mail,” “surveys,” unsolicited email, “spam,” “chain letters” or “pyramid schemes;” or (xvi) incorporate data from any of our databases into any emails or other “white pages” products or services, whether browser-based, based on proprietary client-side applications, or web-based, without our prior, express and written consent.

You agree that you will not make any derogatory statements, either oral or written, or otherwise disparage us, our products, employees, services, work or employment, and will take all reasonable steps to prevent others from making derogatory or disparaging statements. You agree that it would be impossible, impractical or extremely difficult to fix the actual damages suffered by reason of a breach of this paragraph, and accordingly agree that Company may determine to recover damages sustained by reason of each such breach, without prejudice to Company’s right to also seek injunctive or other equitable relief.

If you purchase any of our products or services, you agree that your use of the product or service is limited by this Agreement as well.

Most areas of the Site are password restricted to registered users (“Password-Protected Areas”). If you have registered as an authorised user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorised third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorised use of your account or any other breach of security in relation to your password or the Site that is known to you.

All testimonials and endorsements must comply with Federal Trade Commission (“FTC”) guidelines and other applicable laws and regulations. Claims about a product’s performance or quality must be based on actual experiences. You must disclose connections between yourself and an advertiser that are unclear or unexpected to a customer (for example, whether there is a financial arrangement, employment arrangement or ownership interest). Disclaimers and disclosures must be clear and conspicuous when used, and must be used properly to comply with FTC guidelines.

Statements about a product’s price and availability must be truthful and accurate. Product pricing must show a product’s actual price, must be clearly and conspicuously displayed, along with any material limitations (for example, the cost of shipping or refund restrictions). Falsely suggesting that a product previously sold for a higher price is not permitted. False scarcity statements are not permitted (for example, stating that supplies are limited when there is no actual limit).

You must: (i) accurately state the amount of effort required to succeed with a product or service; (ii) only state that a product or service has qualifying criteria when there are actual criteria that must be met; and (iii) only use third-party trademarks and copyright-protected materials with written permission.

10. Private text “VIP Connected” alerts and notifications

You may be presented with an opportunity to subscribe to our private text “VIP Connected” alerts and notifications. When you do, please understand the following:

  • Your phone number is 100% secure and you will never be spammed.
  • Your phone number will never be shared or sold to any third-party person, service or company.
  • You will only receive important VIP alerts and notifications when new training becomes available, or alerts about our live webinars, etc.
  • You may receive up to 4 messages per week.
  • Message and data rates may apply.
  • You may unsubscribe at any time.
  • Wireless carriers are not liable for any delayed or undelivered messages.

11. User content

User Content means all content created by you, which includes but is not limited to audio, video, images, photographs, logos, illustrations, animations, tools, written posts, comments, data, text, software, graphics, scripts, themes and/or interactive features. Keep in mind that once you post something on a blog, thereby making it available on the Internet and to the public, it may be practically impossible to take down all copies of it. By posting, downloading, displaying, performing, transmitting or otherwise distributing any User Content to the Site or Service, you are granting us a transferable, perpetual, irrevocable, worldwide and royalty-free non-exclusive license (including the right to sub-license) to use, possess, copy, transmit, publicly display, distribute, sell, host, store, cache, disclose, perform, modify, edit, translate, reformat, import, export and prepare derivative works of such User Content through multiple tiers of distribution in any and all media now known or hereafter invented (including, without limitation, the right to conform it to the requirements of any networks, devices, services or media through which the Site or Services are available). Company will not pay you any compensation for the use of your User Content as provided herein. We are under no obligation to post or use any User Content you may provide and may remove User Content at any time in our sole discretion. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorised to post, distribute, display, perform, transmit or otherwise distribute User Content.

Except as otherwise set forth herein, you retain ownership of all intellectual property rights in your User Content, and Company and/or third parties retain ownership of all intellectual property rights in all Content other than User Content. You retain ownership of any intellectual property, URLs and/or domain names you use or post on the Site or Service.

12. Compliance with intellectual property laws

When accessing the Site or using the Content or Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service, Content and Site is at all times governed by and subject to laws regarding intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding intellectual property ownership and use, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit, or that is provided or transmitted using your user name. The burden of proving that any content does not violate any laws or third-party rights rests solely with you.

All trademarks, service marks, trade names and copyrights displayed on the Site or in the Content are proprietary to us or their respective owners.

13. Inappropriate content

You agree not to upload, download, display, perform, transmit or otherwise distribute any material or content that (i) is libellous, defamatory, obscene, pornographic, abusive or threatening; or (ii) advocates or encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national or foreign law or regulation or this Agreement. Company reserves the right to terminate your receipt, transmission or other distribution of any such material or content using the Service and, if applicable, to delete any such material or content from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

Company reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site and Service. If Company determines, in its sole and absolute discretion, that a user has or will breach a term or condition of this Agreement, or that such transaction or communication is inappropriate, Company may cancel such transaction or take any other action to restrict access to or the availability of any material or content that may be considered objectionable, without any liability to you or any third party.

15. Alleged violations

Company reserves the right to suspend or terminate your use of any Service or the Content or Site. To ensure that Company provides a high-quality experience for you and for other users of the Site, Content and Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights or other unauthorised uses of the Site, Content or Service.

Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to suspend or terminate your account or your access to the Site immediately, with or without prior notice to you, and without liability to you, if Company believes that you have violated any of this Agreement, furnished Company with false or misleading information, or interfered with use of the Site, Content or the Service by others.

16. Full power and authority

You represent and warrant that: (i) you have the full power and authority to enter into and perform under this Agreement; (ii) execution and performance of this Agreement does not constitute a breach of, or conflict with, any other agreement or arrangement by which you are bound; (iii) the terms of this Agreement are a legal, valid and binding obligation, enforceable against you; (iv) all content you create to promote Company, its Site, the Content or Service was created without any contribution of any kind from Company including, without limitation, editorial control or approval, that any suggestions regarding content received from Company are made “as is” and without any warranty, and that you have had all marketing materials created by you reviewed by competent legal counsel and solely assume all responsibility for them; (v) you are at least 18 years of age; (vi) your use of the Site and Content is legal in, and does not violate any laws or rules of, the jurisdictions in which you reside or from which you use or otherwise access the Site; (vii) all information (if any) provided by you to us is correct; (viii) your use of the Site, Content and Services shall be in accordance with this Agreement, and your Affiliate Agreement and the Policies and Procedures of Company if you are an affiliate; and (ix) you are capable of assuming, and do assume, any risks related to the use of the Site, Content and Services.

17. Disclaimer of warranties

COMPANY HEREBY MAKES NO REPRESENTATIONS, AND DISCLAIMS ALL WARRANTIES, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT AND THE SERVICE. THIS INCLUDES, WITHOUT LIMITATION, ANY AND ALL WARRANTIES EXPRESS AND IMPLIED, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING; ANY LIABILITY WITH REGARD TO THE SITE, CONTENT AND SERVICES; AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, SERVICES, SOFTWARE AND PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES.

YOUR USE OF THE SITE, SERVICE AND CONTENT IS AT YOUR SOLE RISK. ALTHOUGH OUR CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. WE ARE NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE SITE OR CONTENT OR OTHERWISE USE OR RECEIVE INFORMATION OR SERVICE FROM OR REGARDING THE SITE, CONTENT OR YOUR PURCHASES FROM US. WE DO NOT WARRANT THAT THE SITE OR SERVICE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE SYSTEMS, OR THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR SERVICE.

WE ARE NOT RESPONSIBLE OR LIABLE FOR MAINTAINING ANY CONSUMER DATA, OR FOR THE DELETION, CORRUPTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE OF ANY CONSUMER DATA, OR FOR ANY THIRD-PARTY ACCESS TO ANY CONSUMER DATA.

WE MAKE NO WARRANTY OR REPRESENTATION AS TO THE LEVEL OF SUCCESS, IF ANY, INDIVIDUALS MAY ACHIEVE BY USING ANY OF OUR SERVICES. INDIVIDUAL RESULTS MAY VARY AND DEPEND ON MANY FACTORS, INCLUDING AN INDIVIDUAL’S SPECIFIC FINANCIAL SITUATION, EFFORTS AND ACTIONS. YOU SHOULD SEEK THE ADVICE OF QUALIFIED PROFESSIONALS SUCH AS AN ACCOUNTANT, ATTORNEY AND/OR PROFESSIONAL ADVISOR FOR SPECIFIC ADVICE FOR YOUR BUSINESS.

18. Limited liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATED PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY CONTENT, THE SITE, THE SERVICE OR INFORMATION RELATED TO THE SITE OR SERVICE, AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LITIGATION), (I) ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR OUR PRODUCTS OR SERVICE, (II) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR CONTENT, OR WITH THE DELAY OR INABILITY TO USE THE SITE, CONTENT OR RELATED SERVICE, OR FROM THE USE OR MISUSE OF ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, RELATED GRAPHICS AND CONTENT OBTAINED THROUGH THE SITE, (III) ANY INCORRECT OR MISSING INFORMATION OR DATA, OR (IV) OTHERWISE ARISING OUT OF OR RESULTING FROM LOSS OF YOUR DATA OR INFORMATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY, IF ANY, FOR ANY LOSS OR DAMAGE RELATING TO OR ARISING OUT OF YOUR USE OF THE SITE OR ANY CONTENT WILL NOT EXCEED THE LESSER OF YOUR ACTUAL DAMAGES OR THE CHARGES PAID BY YOU TO US FOR THE SITE FOR A PERIOD OF TWO MONTHS.

WE ARE NOT RESPONSIBLE FOR INTERRUPTED, INACCESSIBLE OR UNAVAILABLE NETWORKS, SERVERS, SATELLITES, INTERNET SERVICE PROVIDERS, WEBSITES OR OTHER CONNECTIONS, OR FOR MISCOMMUNICATIONS, FAILED, JUMBLED, SCRAMBLED, DELAYED OR MISDIRECTED COMPUTER, TELEPHONE OR CABLE TRANSMISSIONS, OR FOR ANY TECHNICAL MALFUNCTIONS, FAILURES OR DIFFICULTIES.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

19. Income disclosure

THE INCOME DISCLOSURE POSTED ON OUR WEBSITE IS INCORPORATED HEREIN BY REFERENCE AND YOU HEREBY REPRESENT THAT YOU HAVE READ AND UNDERSTAND IT.

20. Additional restrictions

You agree that:

  • You are the owner, director, manager or executive officer of an existing business, and you will use the Service, Content and Site only for purposes of enhancing your existing business.
  • You will not use the Site, the Service or the Content to start a new business. You acknowledge that the Site, the Content and the Service are not intended for use in starting a new business. Starting a new business involves complexities that are not addressed by the Site, the Service or the Content.
  • The Company does not and will not offer you advice regarding locations for your business, provide customers or accounts for your business, or purchase from you any services or products you create using the Site, the Content or the Service.
  • The Company does not, and will not, tell you or advise you how to operate your business, including without limitation not providing you any sales or marketing plan for your business.

22. Termination

You agree that Company may suspend or terminate your use of the Site or Service, in its sole discretion, including without limitation if Company believes, in its sole and absolute discretion, that you have breached any term of this Agreement or, if you are an affiliate of Company, your Affiliate Agreement or Company’s Policies and Procedures. You acknowledge and agree that Company shall not be liable to you or any other party for such suspension and termination.

Upon termination, your license to use the Site, Content or Service and everything accessible by or through the Site, Content or Service shall terminate, and the remainder of this Agreement shall survive indefinitely unless and until we choose to terminate it.

Upon termination of any part of this Agreement for any reason, we shall make reasonable efforts to ensure that your User Content is inaccessible and cease use of it; however, you acknowledge and agree that: (i) caching of, copies of, or references to the User Content may not be immediately removed or possible to remove; (ii) such removed User Content may continue in backups (not available to others) for a relatively short period of time; and (iii) due to re-blogging capabilities, such removed User Content may continue to be available (and stored on our servers) through the accounts of other subscribers.

23. Notices

All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) post, (ii) courier, or (iii) electronic mail. If you give notice to us, you must use the following address: Mayduke iTech (VYNKROH), Bengaluru, Karnataka, India, or email [email protected]. If Company provides notice to you, Company will use the contact information provided by you to us. All notices will be deemed received as follows: (A) if delivered by post, seven business days after dispatch; (B) if by courier, on the date receipt is confirmed by such courier service; or (C) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.

24. Indemnity

You agree to indemnify, defend and hold Company, its managers, members, officers, directors, employees, consultants, agents and representatives harmless from and against any and all actions, claims, demands, proceedings, liabilities, damages, judgments, settlements, fines, penalties, costs and expenses, including attorney’s fees and related costs, which (i) arise in whole or in part from your negligence or wrongful act(s) or omission(s); (ii) arise from or are related to a breach of any express warranty contained herein; or (iii) arise from failure to comply with this Agreement. We have no duty to reimburse, defend, indemnify or hold you harmless resulting from, relating to, or arising out of this Agreement, the Site, Content or Service, or your access to or use of the Site, Content or Service.

If an action is brought against Company in respect of any allegation for which indemnity may be sought, Company will promptly notify you of any such claim of which it becomes aware and will: (i) provide reasonable cooperation to you at your expense in connection with the defence or settlement of any such claim; and (ii) be entitled to participate at its own expense in the defence of any such claim.

Company agrees that you will have sole and exclusive control over the defence and settlement of any such third-party claim. However, you agree not to acquiesce to any judgment or enter into any settlement that adversely affects Company’s rights or interests without the prior written consent of Company.

25. Governing law

This Agreement shall be construed in accordance with and governed by the laws of India and the State of Karnataka, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the courts in Bengaluru, Karnataka, in all disputes arising out of or related to the use of the Site, Content or Service. In the event of a dispute between an affiliate and Company arising from or relating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through confidential, non-binding mediation as more fully described in the Policies and Procedures. Company shall not be obligated to engage in mediation as a prerequisite to disciplinary action against an affiliate. If the parties are unsuccessful in resolving their dispute through mediation, the dispute shall be settled totally and finally by arbitration as more fully described in the Policies and Procedures.

Notwithstanding the foregoing, either party may bring an action before the courts seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect its intellectual property rights, including but not limited to customer and/or affiliate lists as well as other trade secrets, trademarks, trade names, patents and copyrights. The parties may also seek judicial enforcement of an arbitration award. You waive any requirement of posting a bond in connection with such an action brought against you.

These Terms of Use do not limit any rights or remedies that we or our suppliers, licensors or other similar entities may have under trade secret, copyright, patent, trademark or other laws.

26. Severability; waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorised representative of the waiving party.

27. Modifications

Company may, in its sole discretion and without prior notice, (i) revise this Agreement; (ii) modify the Site, Content or the Service; and (iii) discontinue the Site, Content or Service at any time for any reason. Company shall post any revision to this Agreement to the Site, and the revision shall be effective immediately upon such posting. In the event of substantive changes to this Agreement, the new terms will be posted to the Site. If any modification is unacceptable to you, your only recourse is not to use the Site and Service and to request an immediate termination of your membership. Your continued use of the Site, Content or the Service following posting of a change notice or new Agreement on the Site will constitute binding acceptance of the changes.

28. Miscellaneous

This Agreement will be binding upon each party hereto and its successors and permitted assigns. This Agreement will not be assignable or transferable by you without Company’s prior written consent. This Agreement, and the related policy statements referred to herein, contains the entire understanding of the parties regarding use of the Site, Content and Service, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding the same. Any rights not expressly granted herein are reserved. No agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.

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