Terms of Use
Last updated: 27 June, 2024
This Term of Use includes important information about your personal data and we encourage you to read it carefully.
As one of our 32 exclusive early adopters, you will enjoy a special 68% discount off our regular price for the first three months.
While we are still in the final stages of development, we appreciate your patience and support. You can start using Harmony.OS after 30 business days, with no additional fees for the first 3 months.
Thank you for joining us on this journey to MakeMakaan making simple!
1. Acceptance of Terms
This Terms of Use constitutes a legally binding agreement between you (“you” or “User”) and HarmonyBuild Ventures Private Limited. (“we,” “our,” or “Company”), as the owners and operators of [https://makemakaan.com](https://makemakaan.com/) (the “Site”). By accessing or using any part of the Site, you agree to be bound by these Terms of Use.
THESE TERMS OF USE INCLUDE PROVISIONS FOR BINDING ARBITRATION ON AN INDIVIDUAL BASIS – WHICH INCLUDES A WAIVER OF A RIGHT TO A JURY TRIAL OR A RIGHT TO FILE A CLASS ACTION.
2. Definitions
The following terms shall be capitalized throughout this Terms of Use and shall be defined as follows:
– Authorized Users: Individuals authorized by User to access and use the services provided by the Site.
– User Data: Any data or information submitted, uploaded, imported, integrated, or communicated by User to Company, including Personal Data relating to any Data Subject.
– Personal Data: Information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to their physical, physiological, genetic, mental, economic, cultural, or social identity.
– Service Data: Any statistical and/or other benchmark data gathered by Company from User’s use of the services. Service Data shall not contain Personal Data.
3. Eligibility
By agreeing to these Terms of Use, you represent and warrant that you (a) are at least 18 years of age or otherwise have the power to enter into a binding contract in your country of residence, and (b) possess all the necessary authority to enter into these Terms of Use on behalf of the registered account holder.
4. Services
Pursuant to these Terms of Use, Company shall provide to User the services selected by User through the Site. Company may provide updates to the services at any time.
5. Authorized Users
User may authorize additional users to access the services for additional service fees pursuant to the terms of the plan purchased by User. All Authorized Users shall be subject to the terms and conditions of these Terms of Use. Each Authorized User will have their own unique login credentials. User shall be responsible for maintaining the confidentiality and security of account login credentials and is responsible for any and all activities that occur under User’s account.
6. End User License Agreement
Company hereby grants User a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable, worldwide license to access and utilize the Site and services for the subscription term in accordance with the terms of these Terms of Use.
7. User Data License
During the term of the services, User hereby grants to Company a non-exclusive, sub-licensable, royalty-free, worldwide right and license to collect, process, store, host, copy, transmit, display, distribute, disseminate, modify, and create derivative works of any and all User Data for the purposes of (a) providing the services, and (b) performing analytics on User Data.
8. Service Ownership
Company and its licensors own and retain all right, title, and interest, including all intellectual property rights, in and to the services, including any updates, improvements, modifications, and enhancements to it. Except for the rights expressly granted in these Terms of Use, User shall acquire no other rights, express or implied, in or to the services, and all rights not expressly provided to User hereunder are reserved by Company and its licensors.
9. Service Data Ownership
Company expends significant resources gathering, assembling, and compiling the Service Data and such Service Data constitutes an original compilation protected by applicable copyright laws. Company shall retain all right, title, and interest to any Service Data created, generated, and/or derived from User’s use of the services. Company shall retain the unrestricted right, in its sole and absolute discretion, to utilize such Service Data for any purpose whatsoever, both commercial and non-commercial, without compensation or accounting to you. To the extent we do not automatically own any Service Data upon its creation, you hereby assign all right, title, and interest in and to such Service Data to Company.
10. Idea Submissions License
We consider any suggestions, ideas, proposals, or other material submitted by users, whether solicited or unsolicited (collectively, the “Feedback”) to be non-confidential and non-proprietary. We shall not be liable for the disclosure, use, or exploitation of such Feedback. You hereby grant to Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, and transferable right and license to incorporate, use, publish, and exploit the Feedback for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
11. Promotional License
User grants to Company the unrestricted right and license to use User’s name and logo to market and promote the services. This includes the worldwide right to copy, translate, broadcast, transmit, distribute, exhibit, perform, publish, and display User’s name and logo as incorporated into Company’s marketing and promotional materials. Company is granted no other rights to User’s name and logo and acknowledges that it shall not gain any proprietary interest in User’s name and logo. Company is under no obligation to make use of or to provide compensation for any of the rights or permissions granted. Company shall be the exclusive owner of all right, title, and interest, including copyright, in Company’s marketing and promotional materials. This license may be terminated at any time with thirty (30) days written notice to support@makemakaan.com.
12. Free Subscriptions/Free Trials/Beta Services
If User has initiated services by selecting a Free Trial or other Beta Services (“Free Trial”) offered by Company, such Free Trial services will be available to User free of charge until the earlier of (a) the date on which the term of the selected Free Trial services expires or is terminated, or (b) the start date of any paid services plan. Paid services are subject to the terms and conditions in effect upon purchase of the applicable services plan.
13. Fees and Term
Month-to-Month Fees & Payment
User expressly authorizes Company to charge the applicable recurring service fees associated with the services plan selected by User on the Site (“Subscription Fees”) pursuant to the authorized payment method provided by User.
Yearly Fees & Payment
User expressly authorizes Company to charge the applicable recurring Subscription Fees pursuant to the authorized payment method provided by User. For yearly services, Users will be charged the Subscription Fees in full at the commencement of the subscription term.
Subscription Term
The term of the subscription will commence on the date the services plan is selected and shall continue for the periodic subscription term chosen by User on the Site (“Subscription Term”), and any renewal thereof, until terminated pursuant to these Terms of Use.
Late Payments
Company reserves the right to suspend or terminate the services for payments that are more than five (5) days past due. Past due payments will accrue interest at the greater of 1.5% monthly or the highest interest rate allowable under applicable law.
No Refunds
Subscription Fees will not be prorated upon cancellation and/or termination and all fees paid through the date of termination are nonrefundable.
Cancellation
All purchases are non-refundable. You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services, please email us at support@makemakaan.com
Taxes
User is responsible for paying any applicable governmental sales, use, value-added, commodity, harmonized, and other taxes imposed on your purchase or use of the services. To the extent Company is required to collect such taxes, the applicable tax will be added to User’s billing account.
14. Subscription Services Automatic Renewal
Service plans will automatically renew for additional periods equal to the expiring Subscription Term, unless either Party gives the other notice of non-renewal prior to expiration of the applicable Subscription Term. For yearly Subscription Terms, you must provide notice of your intention to not renew [10] days prior to the end of the then-current Subscription Term. The fees for the automatic renewal term will be the same as that during the immediately prior term (exclusive of any promotional discounts) unless Company provides prior notice of a fee increase at least ten (10) days before the end of the applicable Subscription Term. User may cancel the services renewal within the Site dashboard at any time.
15. Use Restrictions
User will not, directly or indirectly, alter or modify the Site or services, or reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Site or services or any software, documentation, or data related to the Site or services.
16. Confidentiality & Non-Disclosure
In providing the services, Company may have access to User’s confidential and proprietary User Data (“Confidential Information”). To the extent such Confidential Information is disclosed to Company:
1. Non-Disclosure Obligation: Company shall not disclose any Confidential Information to any third party for any reason without User’s prior written consent, other than to its employees or agents who have a need to know about such information in order to provide the services.
2. Required Disclosure: In the event Company is requested or required by legal process to disclose any of the Confidential Information, Company shall give User prompt notice so that it may seek a protective order or other appropriate relief prior to any such disclosure. In the event that such protective order is not obtained, Company shall disclose only that portion of the Confidential Information that its legal counsel advises that it is legally required to disclose, and shall work with User to minimize the extent and effect.
3. Injunctive Relief: Both parties understand and agree that money damages will not be a sufficient remedy for any breach of this Section and that either party shall be entitled to seek specific performance and injunctive relief as a remedy for any breach of this Section.
17. Warranties & Disclaimers
Warranties
User represents and warrants that (a) it has all necessary power and authority to enter into and perform its obligations under these Terms of Use; and (b) its use of the services will be in accordance with all applicable laws, rules, and regulations.
Disclaimers
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE SERVICES AND THE SITE ARE PROVIDED ON AN “AS IS” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
18. Indemnification
User agrees to defend, indemnify, and hold harmless Company and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) User’s access to or use of the services, or (b) User’s violation of these Terms of Use.
19. Limitation of Liability
Limitation
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO USER FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Maximum Liability
IN NO EVENT WILL COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS PAID BY USER TO COMPANY FOR THE SERVICES DURING THE THREE (3) MONTHS PRECEDING THE DATE OF THE CLAIM.
20. Termination
Termination for Cause
Either party may terminate these Terms of Use for cause: (a) upon 10 days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (b) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.
Termination for Convenience
Either party may terminate these Terms of Use for convenience at any time, provided that such termination will become effective at the end of the then-current Subscription Term.
Effect of Termination
Upon termination or expiration of these Terms of Use, User’s right to access and use the services will immediately terminate and User will promptly pay any unpaid fees due through the end of the then-current Subscription Term. Sections 2, 6, 7, 9, 10, 16, 17, 18, 19, and 21 will survive any expiration or termination of these Terms of Use.
21. General
Entire Agreement
These Terms of Use constitute the entire agreement between you and Company and supersede all prior agreements and understandings, whether written or oral, relating to its subject matter.
Governing Law
These Terms of Use are governed by the laws of the State of Maharashtra, without regard to its conflict of law principles. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located in Pune, Maharashtra to resolve any dispute or claim arising from these Terms of Use.
Dispute Resolution
All disputes, controversies, or claims arising out of or relating to these Terms of Use will be resolved through confidential binding arbitration held in Pune, Maharashtra in accordance with the Rules of the Indian Council of Arbitration. The arbitrator’s award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable, the provision will be modified so as to make it enforceable to the maximum extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
No waiver of any term or condition of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notices
All notices required or permitted under these Terms of Use will be in writing and delivered to the addresses specified on the Site or to such other address as may be provided by notice to the other party.
Force Majeure
Neither party will be liable for any delay or failure in performance due to causes beyond its reasonable control.
Assignment
User may not assign these Terms of Use or any of its rights or obligations hereunder without the prior written consent of Company, which consent may be withheld at Company’s sole discretion.
Relationship of the Parties
Nothing in these Terms of Use will create a partnership, joint venture, agency, or employment relationship between the parties.
22. Contact Us
If you have any questions about these Terms of Use, please contact us at support@makemakaan.com.