The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
“Agreement” means any legally binding or contractual relationship between the Company and the User, governed by these Terms.
“Company” or “we” or “us” means NeenOpal Intelligent Solutions Private Limited that provides this Website and/or the Service to Users.
“Service” means the service provided by this Website as described in these Terms and on the Website.
“User” or “you” means the end user/customer accessing the Website, its contents, using the Services offered through the Website.
“User’s Content” or “Content” means the texts, data, logos, numbers inserted by the User in templates available on the Website.
“Website” means the forum that enables the provision of the Service(s).
2. Applicability Of Terms
(a)These Terms set out the rights and obligations of all Users regarding the use of the Service. By accessing or using the Website from your personal and/or from your organisational email address, whether automated or otherwise, you agree to be bound by these Terms for availing our Services.
(c)We reserve the right to modify, alter or update these Terms at any time at our sole discretion by posting any such modified, altered or updated version of this agreement on our Website. In such cases, we will appropriately inform the User of these changes.
(d)All such modifications, alterations and updates will become effective immediately upon posting. We encourage you to check this page each time you wish to avail our Services. Your continued use of our Services after any modifications, alterations or updates of the Terms are made, shall constitute your acknowledgement of such changes.
(e)We reserve the right to modify, suspend, or discontinue our Services, at any time and from time to time, temporarily or permanently, in whole or in part, with or without notice.
(f)The User agrees that neither we nor any of our affiliates shall be liable to the User or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part, or of any content, feature or product offered through the Services. The User’s continued use of our Services after such changes will indicate their acceptance of such changes.
(g)If the User chooses to not be bound by these Terms, the User may not access or use our Services as provided over the Website. We encourage our Users to read these Terms carefully before proceeding and using the Website.
3. Product and nature of Services
(a)This Website is a pre-built design templates platform through which the Users can design dashboard wireframes to customize their business requirements in a timely manner. It offers a wide range of widgets including graphs, KPI cards, tables, and many more to use and edit the wireframes.
(b)All the Services displayed on the Website shall constitute an invitation to offer by the Users. The Website provides Users with a platform to efficiently design relevant content by providing them with pre-built templates, and enabling them to create and customise new templates as per their preference, and it does not sell or solicit any service except the Services provided over this Website.
(c)In certain circumstances, the Company can make available the templates customised and created by Users to the other users.
(d)We reserve the right to add or remove Services from its overall offerings without prior notification. The aforementioned shall hereinafter be referred to as “Service(s)”.
4. User Account and Login
If the User agrees to use the Website, the User shall be responsible for maintaining the confidentiality of the Users display name and password and the User shall be responsible for all activities that occur under the Users display name and password. The User agrees that if the User provides any information that is untrue, inaccurate, not current, or incomplete, the Company shall have the unequivocal right to indefinitely suspend or terminate or block access of the Users membership on the Website.
5. Conditions for Use
(a)The User will utilize the Services provided by us, for lawful purposes only and comply with all applicable laws and regulations while using the Website.
(b)The User will provide true, accurate, complete, and current information in all instances where such information is requested from the User. We reserve the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation, the User details are found not to be true (wholly or partly), the Company maintains the right in its sole discretion to reject the registration and debar the User from using the Services of the Website and / or other affiliated websites without prior intimation whatsoever.
(c)The User will use its best and prudent judgment before availing the Services, through this Website doing so at the User’s sole risk.
(d)The User may not use the Website for any of the following purposes:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material which shall include but not be limited to information in any form.
Transmitting material that encourage conduct or incite any activities that result in civil liability or otherwise breaches any relevant laws, regulations or code of practice or constitutes a criminal offence
Gaining unauthorized access to other computer systems.
Interfering with any other person’s use of the Website.
Breaching any applicable laws
Interfering or disrupting networks or web sites connected to the Website.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner including intellectual property and confidential information which shall include but not be limited to design details and colours.
6. Payment Terms
(a)The Services are provided to you without charge up to a certain limit. If the User exceeds the limits of the free Services offered or require access to certain features, the User will be required to pay for a subscription (“Subscription”). The User will not be charged a fee for any Subscription without the User’s specific acceptance of the pricing and the terms therein.
(b)The details about the types of Subscriptions available including their respective limits, available features, and the subscription fees (“Fees”) payable for these Services are set forth on the Website at Mokkup Pricing Plans: Free & Pro and may change from time to time. The Fees are payable upfront in monthly or annual payments in accordance with the terms of the Subscription you have chosen. The Fee may vary by location and will be based on the billing information provided to us at the time of purchase by the User.
(c)You agree and authorize the Company or any third-party payment processor (“Payment Processor”) to charge your credit card, debit card or any other payment provider (“Payment Method”) as agreed to in writing on a monthly or annual basis in accordance with the terms of the Subscription you have chosen. The Company may use a Payment Processor to charge you through a payment account that is linked to your account (your “Billing Account”). The processing of payments from your Billing Account will be subject to the terms and conditions and privacy policies (if any) of the Payment Processor in addition to these Terms.
(d)While availing any of the Payment Methods available on the Website, the Company will not be responsible nor shall it assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
Lack of authorization for any transaction/s.
Exceeding the preset limit mutually agreed between the User and the financial service providers the User deals with.
Any payment issues arising out of the transaction or
Decline of transaction for any other reason/s.
(e)Renewals: Your Subscription will automatically renew on a monthly or annual basis in accordance with the terms of the Subscription you have chosen. You can cancel your subscription at any time. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed.
(f)Taxes: The Fees are inclusive of all taxes unless otherwise specified, within the Service or on an applicable invoice. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your subscription charge.
(g)Cancellation: You can stop using the Service and/or cancel your Subscription at any time via your account settings. If you cancel your Subscription, you will not be entitled to a refund of any Fees already paid and any outstanding Fees will become immediately due and payable.
7. Content Provided by Users
The Company allows the Users to create templates and customise the templates that are already available on the Website. By creating Content on this Website, the Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights. The Users acknowledge and accept that by providing their own Content on this Website they grant the Company a non-exclusive, fully paid-up and royalty-free license to process and make available the Content to other Users, for the operation and better functioning of the Website. To the extent permitted by applicable law, Users waive any moral rights in connection with the Content they provide to the Website.
8. Third Party Websites
9. Intellectual Property Right
(a)Except for the User’s Content, the Company is the sole owner and lawful licensee of all the rights connected with the Website and its content. For the purpose of this clause, the content on the Website includes its design, layout, text, images, graphics, sound, video, etc. as well as non-superficially visual functional elements. The title, ownership and intellectual property rights in the Website and its content shall remain with the Company, its affiliates or licensors of the content, as the case may be.
(b)Copyright: All content on the Website is the copyright of the Company except the third-party content, royalty free images from third party websites, and links to third party websites on the Website, if any.
(c)Trademarks:The Mokkup.ai name, the logo and all related names, logos, product and service names, designs and slogans are trademarks of Mokkup.ai or its licensors. The User must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners
(d)The User agrees that they will not use, publish, reproduce, replicate, reverse engineer, decompile, display, distribute, or modify the proprietary material or any portion thereof, for any purpose or by any means, method, or process. Modification of the materials appearing on the Services or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
The User hereby agree to indemnify and keep indemnified, defend and hold the Company, the Company’s agents, affiliates, representatives, authorized users, employees and assigns harmless from and against any and all losses, damages, liabilities and costs arising from the Users’ use of the Website or the Services and / or the violation of this agreement by the User.
12. Limitation of liability
(a)To the extent permissible by applicable law, in no event shall the Company and its affiliates or their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers be liable to any User for damages of any kind, arising out of or related to the availability, use, reliance on, or inability to use the Website, Services, or any content or other materials on, accessed through or downloaded from the Website or Services, including any direct, indirect, special, exemplary, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
(b)The User’s sole and exclusive remedy for any of the above claims or for disputes against us is to discontinue your use of the Website and/or Services. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by the User under these Terms.
(c)The Company makes use of certain open and closed licenses and portals for rendering its Services. To the extent permissible by applicable law, in no event shall the Company and its affiliates or their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers be liable to any User for damages of any kind, arising out of or related to the use, access, malfunction of the said licenses.
(d)In no event shall the Company be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
The use or the inability to use the Services or products on the Website
Unauthorized access to or alteration of the User's transmissions or data; and
Any other matter relating to the Services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. The Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website. The Users understand and agree that any material and/or data downloaded at the Website is done entirely at User’s own discretion and risk and they will be solely responsible for any damage to their devices or loss of data that results from the download of such material and/or data. The Company’s liability shall be limited to an amount equivalent to the value of products purchased on the Website.
In the event of termination of this agreement or the Terms laid down herein, the provisions relating to limitation of liability, indemnity, intellectual property rights and conditions of use shall survive.
We reserve the rights to remove or deactivate the User’s account if reported or so informed by any other user of the Website or otherwise, for posting inappropriate messages or information through the Website. If the User has questions or concerns or grievances regarding these Terms or any other user, the User can contact us as per these Terms, or wish to make a complaint, please contact us at email@example.com.
No term of these Terms shall be deemed to be waived and no breach excused, unless such waiver or consent is in writing and signed by an Authorized Representative of the Company. Any consent by the Company to, or waiver of a breach by the User, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach(s).
17. Governing Law and Dispute Resolution
18. Disclaimer of Warranties
(a)The Website is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, we do not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:
The Website content;
User content; or
Security associated with the transmission of information to the Website.
In addition, we hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
(c)By accessing or using the Website you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
(d)We do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of action of any kind or character based upon or resulting from any content.
If any provision of these Terms are held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms and the remainder of these Terms shall be interpreted as if such provision were so excluded and shall remain to be enforceable in accordance with its terms; provided however that, in such event these Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
20. No Waiver
The Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
21. Entire Agreement
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