Terms & Conditions

This Terms of Service agreement (“Agreement“) governs your (“You“, or “Your“) use of services made available by JBK Infotech Private Ltd. (“JBK” “We“, “Us“, or “Our“), website at the URL https://www.managemylawsuits.com/, https://www.jbkinfotech.com, and any other service, product, app, sub-domain or website provided by JBK that explicitly specified the applicability of Agreement including, but not limited to, free demo, paid services, enterprise services and/or any other service made available by JBK that indicate the applicability of this Agreement. JBK is entering into this Agreement on behalf of itself and its Affiliates (as defined below). Please carefully read the contents of this Agreement before using the Services (as defined below).

By undertaking any of the following actions, You demonstrate that You have read and agree to this Agreement: (1) by signing up for a Free Demo (as defined below), (2) by signing up for a paid service, (3) by using the Service (as defined below), (4) by ticking a box indicating acceptance of this Agreement, or (5) by creating an account on the Website (as defined below). You further indicate that You have read, understood, and agree to the following, each as updated by JBK from time to time: (1) Privacy Policy and (2) Cookie Policy. The latest version of these documents can be accessed at:

• Privacy Policy: https://www.managemylawsuits.com/privacy/
• Cookie Policy: https://www.managemylawsuits.com/cookie-policy/

If the individual accepting this Agreement is accepting on behalf of a company or other legal entity, such individual represents that they have the authority to bind such entity to these terms and conditions. If the individual accepting this Agreement does not have such authority or does not agree with this Agreement, such individual must not accept this Agreement and may not use the Services.

This Agreement is effective between You and JBK as of the date on which You accept the Agreement. You are only entitled to use the Services for which You have subscribed and paid and Your use of the Services is subject to Your compliance with all the terms of the Agreement.

1. DEFINITIONS
   For purposes of clarity and interpretation, certain words and expressions that may or may not defined elsewhere have their meaning set out below:
   1. “Affiliates”means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of
      more than 50% of the voting interests of the subject entity.
   2. “Agreement”means this Terms of Service agreement and includes the Privacy Policy, Cookie Policy, and any other additional terms and conditions as may be agreed upon by the parties in writing prior to the provision of additional
      services by JBK.
   3. “Applicable Law”means any law, rules, regulations, ordinances, orders, directives, codes, judgements, decrees, licenses, authorizations, and directives, as applicable from time to time.
   4. “Confidential Information”means and includes all non-public and/or private information disclosed by the Disclosing Party to the Receiving Party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of Subscriber (as defined below) includes Subscriber Data (as defined below). Confidential Information of JBK includes non-public aspects of the software, documentation related to the Services, and JBK’s technical know-how, materials, product development plans, marketing plans, and business information. Notwithstanding anything to the contrary above, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third Party without breach of any obligation owed to the Disclosing Party, or (iv) is independently developed without access to or use of any Confidential Information.
   5. “Content”means audio, text, interactive content, and other content provided on the Website and Services.
   6. “Disclosing Party”means the party that discloses Confidential Information to the other party.
   7. “Force Majeure Event”means an event or effect that cannot be reasonably anticipated or controlled, which even by the exercise of reasonable diligence cannot prevent non-performance, and in particular, performance of the Services.
      These occurrences and events include, but are not limited to: acts of God; acts of government; acts of war; acts of public enemies; acts of terror; strikes or other labor problems; natural disaster; floods; fires; earthquakes; epidemic;
      pandemic; civil unrest; riots; explosions; outages; general Internet brown-outs or black-outs or shortage of bandwidth; hardware failures; hacking, denial of service or ransomware attacks; actions of the elements; or other similar
      causes beyond the control of Subscriber or JBK in the performance of this Agreement.
   8. “Free Demo(s)”means Services that JBK makes available to Subscriber at no cost, including but not limited to services provided for evaluation purposes without a fee.
   9. “Malicious Code”means code, files, scripts, agents, or programs intended to cause damage or harm, including but not limited to, viruses, worms, time bombs, and Trojan horses.
   10. “Order”has the meaning assigned to it in Clause 3.2 of this Agreement.
   11. “Receiving Party”means the party that received Confidential Information from the other party.
   12. “Service” means all products, services, subscriptions, JBK Content, and Third-Party Content, that are availed by Subscriber or its Users, or provided to Subscriber or Subscriber’s Users by JBK, on or through the Website.
   13. “Subscriber” means (i) in the case of an individual accepting this Agreement on his or her own behalf, such individual; (ii) in the case of an individual accepting this Agreement on behalf of a company or other legal entity, the
       company or other legal entity on behalf of which such individual is accepting this Agreement; or (iii) any person who has subscribed to the Services provided by JBK.
   14. “Subscriber Data” means all electronics data or information submitted by Subscriber or stored by JBK for Subscriber.
   15. “Subscribed Services” means Services that Subscriber purchases for a fee, as distinguished from Free Demo.
   16. “Third-Party” means third party(ies) contracted by JBK to provide services on or through the Website.
   17. “User” means any individual authorized by the Subscriber implicitly or explicitly to use the Service. In case the Subscriber is an individual using the Services on its own behalf, User means such Subscriber.
   18. “Website” means and includes https://www.managemylawsuits.com/, https://www.jbkinfotech.com and, any other
       service, product, app, sub-domain or website provided by JBK that explicitly specifies the applicability of this Agreement.
   19. “You” or “Your” means Subscriber and/or User, as may be applicable depending upon the context in which it is used.
2. JBK’S RESPONSIBILITIES.
   1. Provision of Subscribed Services. JBK will:
      1. make the Services available to the Subscriber pursuant to this Agreement. JBK grants a non-exclusive, non-transferable, revocable, limited license to access and use the Service and its content in accordance with this Agreement;
      2. use commercially reasonable efforts to make the Services available except for (i) planned or unplanned downtime, and (ii) any Force Majeure Event under the terms of this Agreement; and
      3. provide the Services in accordance with Applicable Laws and government regulations, and subject to use of the Services in accordance with this Agreement.
   2. Subscriber Data. Subscriber understands and agrees that JBK collects certain data and information about the Subscriber and its Users as described in the Privacy Policy. Subscriber agrees to the collection of such data on behalf
      of itself and its Users. JBK will maintain appropriate administrative, physical, and technical safeguards for the protection of the security, confidentiality, and integrity of Subscriber Data, as described in Our Privacy Policy. Those
      safeguards include, but are not limited to, measures designed to prevent unauthorized access to or disclosure of Subscriber Data (other than by Subscriber or Users themselves).
   3. JBK’s Personnel. JBK will be responsible for the performance of its personnel (including its employees and contractors) and their compliance with JBK’s obligations under this Agreement, except as otherwise specified explicitly in
      this Agreement.
3. SUBSCRIPTION TERMS.
   1. Subscription Plans. Subscriber understands and agrees that the Services provided by JBK are provided through subscription fee-based program, as updated from time to time.
   2. Order Placement and Confirmation. To avail the Services, the Subscriber must purchase a subscription plan by placing an order to JBK (“Order“). Subscriber understands and agrees that the Order is an offer to JBK to obtain
      the Services. Placing the Order or paying for the Order does not guarantee that the Services would be provided. Order confirmation is subject to acceptance by JBK at its sole discretion. Order confirmations will be provided by
      JBK by way of sending an email to the Subscriber. Subscriber understands and agrees that JBK may, at its sole discretion, cancel or not process Order(s). In the event that JBK does not accept an Order, JBK will return the subscription
      fees received by JBK. You understand and agree that JBK may, at its sole discretion, request You to furnish proof of identity to verify Your identity prior to providing Order confirmation.
4. Use of Service.
   1. No Warrantee. JBK acts as a facilitator for managing the legal activities of Subscriber. You understand and agree that JBK is not a law firm or advocate as per as per the Indian Advocates Act, 1961. JBK provides its Services through proprietary software as a Service that We host for the Subscribers. JBK does not warrant or represent that the information made available through this website is proper, correct, complete, accurate and/or reliable.
   2. Usage Limits. JBK may place technical or non-technical limitations on the use of the Service(s) by Subscriber and/or User, such as based on the plan or subscription or services purchased by a Subscriber, or to protect the Service or Website, or to ensure fair usage (“Usage Limits“). JBK shall not be liable for any loss or damage faced by You or any third party as a result of any Usage Limit. JBK may, where technically possible and feasible, offer to increase Usage Limits subject to payment of an additional fee. Subscriber understands that JBK may refuse to increase a Usage Limit for any reason or no reason at its sole discretion.
   3. YOUR RESPONSIBILITIES.
      1. You understand and agree that:
         1. You shall be solely responsible and liable for Your conduct and breach of this Agreement by You. Subscribers are solely responsible and liable for the conduct of its Users and breach of this Agreement by its Users;
         2. You shall use commercially reasonable efforts to prevent unauthorized access to or use of Services, and promptly, but in no case later than forty-eight (48) hours of gaining such knowledge, notify JBK of any such unauthorized access or use;
         3. You shall be solely liable and responsible for ensuring that Your account is not used by or on behalf of any third-party;
         4. if You are a Subscriber, You shall be solely liable and responsible for handling of Your client’s information;
         5. You shall be solely responsible for compliance with any state or federal laws applicable;
         6. You shall be solely responsible for ensuring that the information specified in Your Order is/are accurate. In the event that any information is/are incorrect, it is Your sole responsibility to notify JBK;
         7. You must provide true, accurate, and current information as requested by JBK at any time, and promptly and regularly update Your information to maintain its accuracy and completeness. JBK reserves the right to suspend or terminate Your account and refuse any and all current or future use of the Service, in whole or in part, by You for providing any information that is untrue, inaccurate, incomplete or not current; and
         8. the Services include certain inherent risks that cannot be eliminated from the Services. You agree and acknowledge to undertake the risks and hereby release JBK from any and all liabilities arising out of such risks.
      2. Any use of the Services in breach of the foregoing by You that in JBK’s judgment threatens the security, integrity, or availability of JBK’s services, may result in JBK’s immediate suspension of the Services; however, JBK will use commercially reasonable efforts under the circumstances to provide You with notice and an opportunity to remedy such violation or threat prior to any such suspension.
5. Usage Restrictions.
   1. Services Restrictions. You shall not:
      1. share an account with any third party, share login credentials of an account with any third party, or use any third party’s account to access the Service;
      2. use a Service to store or transmit Malicious Code;
      3. interfere with or disrupt the integrity or performance of any Service or third-party data contained therein;
      4. misuse Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions provided by JBK;
      5. attempt to gain unauthorized access to any Service or its related systems or networks;
      6. attempt, permit, or undertake direct or indirect access to or use of any Services in a way that circumvents a contractual usage limit, or use any Services to access or use any of JBK’s or third-party’s intellectual property except as permitted under this Agreement;
      7. use any robot, spider, other automatic device, or manual process to monitor or copy the Contents without taking prior written permission from JBK;
      8. except to the extent permitted by Applicable Law, disassemble, reverse engineer, rent, lease, sell, sub-license or decompile a Service or access it to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, functions or graphics of the Service, (iii) copy any ideas, features, functions or graphics of the Service, or (iv) determine whether the Services are within the scope of any patent; and/or
      9. engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. JBK reserves the right to notify You of Your abusive or excessive usage to provide You with an opportunity to reduce such usage to a level acceptable to JBK.
6. LEGAL RESTRICTIONS.
   1. You shall not host, display, upload, modify, publish, transmit, store, update, or share any information that:
      1. belongs to another person and to which You does not have any right;
      2. is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
      3. is harmful to any child;
      4. infringes any patent, trademark, copyright or other proprietary rights;
      5. violates any law for the time in force;
      6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
      7. impersonates another person;
      8. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
      9. contains software virus or any other computer code, file or program designated to interrupt, destroy or limit the functionality of any computer resource; and/or
      10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
7. Modifications to the Service.
   1. Changes to the Services. JBK may add, alter, or remove features from any Service, at any time at its sole discretion. JBK may limit, suspend or discontinue a Service at any time in its sole discretion. Provided, however, that no such addition, alteration, removal, limitation, suspension, or discontinuation, will result in an overall decrease in the functionality available to, and used by, the Subscriber during the then ongoing term of subscription. Notwithstanding anything above, JBK may undertake or implement any such alteration, removal, limitation, suspension, or discontinuation, if required for compliance with the Applicable Law, law enforcement, court order, third-party intellectual property rights, or other legal obligation. Where possible and feasible, JBK will provide reasonable notice of not less than two weeks for any such suspension or discontinuation.
   2. New Services. JBK may introduce new products and services to complement the existing Services. If such new services are not included in Your existing Subscribed Services, JBK reserves the right and sole discretion to decide whether or not the new services will be made available to Subscriber, whether or not such new services will be made available as part of Subscriber’s existing subscription, and whether or not the availability of such new services shall be subject to payment of an additional charge. Subscriber may, at Subscriber’s sole discretion, choose to provide comments or feedback to JBK. JBK may, but shall have no obligation to, use the comments or feedback to improve Service(s) offered by JBK.
8. FREE DEMO.
   1. JBK may provide Free Demo of certain Services for the purpose of evaluation, subject to the terms of this Agreement.
      1. Free Demo are provided without any fee up to certain limits. Usage beyond those limits will require purchase of additional resources or Services. Subscriber acknowledges that the provision of Free Demo is subject to the limits placed upon them by JBK and agrees not to attempt to circumvent any such limits. Subscriber should review the applicable Service’s documentation during the Free Demo period to become familiar with the features and functions of the Service before making a purchase. JBK may terminate Subscriber’s access to Free Demo or any part thereof at any time without prior notice and without any liability to Subscriber or any third party, including but not limited to Subscriber’s Users.
      2. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, FREE DEMO or free services ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND JBK DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS. SUBSCRIBER AGREES THAT JBK SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY KIND WITH RESPECT TO: (I) THE SERVICES PROVIDED WITHOUT ANY FEE (INCLUDING BUT NOT LIMITED TO FREE DEMO, AND ACCESS TO THE WEBSITE WITHOUT A SUBSCRIPTION), INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMAGES ARISING OUT OF SUBSCRIBER’S USE OF THE SERVICES PROVIDED WITHOUT ANY FEE, AND/OR (II) ANY BREACH BY SUBSCRIBER OF THIS AGREEMENT, AND/OR ANY OF SUBSCRIBER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. WITHOUT LIMITING THE FOREGOING, JBK AND ITS AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT TO SUBSCRIBER THAT: (a) SUBSCRIBER’S USE OF THE FREE DEMO WILL MEET SUBSCRIBER’S REQUIREMENTS, (b) SUBSCRIBER’S USE OF THE FREE DEMO WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR, OR (c) DATA OR INFORMATION PROVIDED BY JBK WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS CLAUSE 8 OR CLAUSE 14 below, THE SUBSCRIBER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO JBK AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF THE SUBSCRIBER’S USE OF THE SERVICES DURING THE FREE DEMO PERIOD, ANY BREACH BY SUBSCRIBER OF THIS AGREEMENT, AND ANY OF SUBSCRIBER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.
      3. JBK may modify or discontinue the provision of Free Demo (or any part thereof) at any time without notice. JBK shall not be liable to You or any third party for such modification or discontinuation. JBK may in its sole discretion, but has no obligation to, elect to provide You with an opportunity to retrieve Your data from the Free Demo prior to, or following, the termination of the Free Demo.
9. Payment Terms.
   1. Fee. Subscriber will pay all fees as specified by JBK. Except as otherwise agreed by and between parties, (i) fees are based on Services provided by JBK, and (ii) payment obligations are non-cancelable and fees are non-refundable.
   2. Change in Fee. JBK may change the fees charged for the Services at any time and from time to time. The changes will become effective only at the end of the then-current billing cycle of the applicable Subscribed Services. JBK will provide You with reasonable prior written notice of any change in fees to give You an opportunity to cancel any on-going subscriptions before the price change becomes effective.
   3. Effect of Non-Payment: JBK has the right to suspend services if the Subscriber does not pay the fees on time. JBK may suspend and/or delete the Subscriber and its Users’ accounts for failure to pay the fees on time. Any and all data or information created by You may be deleted by JBK if the Subscriber fails to pay the applicable service fees or if the Subscriber does not renew the subscription.
   4. Late Payment: In the event that the Subscriber fails to make a timely payment as stipulated in the agreed-upon payment terms, the Subscriber shall be liable to pay a late payment fee. The late payment fee shall be calculated at a rate of 10% per annum on the outstanding amount from the due date until the date of full payment.
   5. Refund. JBK is neither liable nor responsible to refund the amount for any delay and/or disruption to the Service caused due to the technical failures, internet disruptions, hacking, piracy, riot, network connectivity, war, act of God and/ or any other Force Majeure Event etc. In the event that JBK in its sole discretion agrees to provide, or is held liable or responsible for providing, any refund, JBK will refund the subscription fees for the affected Subscribed Services on a pro-rated basis. In the event that JBK accepts a refund request, the Subscriber will be required to provide information necessary to process the refund request, including but not limited to bank account number, IFSC code, account holder name, and branch name. Please note that processing a refund may take up to 21 working days from the receipt of such information from the User to refund the amount.
   6. Taxes. JBK’s fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, goods and service, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes“). Subscriber is responsible for paying all Taxes associated with its purchases hereunder. If JBK has the legal obligation to pay or collect Taxes for which Subscriber is responsible under this Clause 9, JBK will invoice Subscriber and Subscriber will pay that amount unless Subscriber provides JBK with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, JBK is solely responsible for taxes assessable against it based on its income, property, and employees.
10. Proprietary Rights and Licenses.
    1. Reservation of Rights. Subject to the limited rights expressly granted hereunder, JBK, its Affiliates, its licensors and content providers reserve all of their rights, titles, and interests in and to the Services, logos, software, Content, and other materials created by them, including all of their related intellectual property rights. JBK owns all rights, titles, and interests in and to JBK’s registered and unregistered, domestic and foreign trademarks, service marks, trademark applications, service mark applications, trade names, patents, patent applications, copyrights, copyright applications, discoveries, know-how and trade secrets of and relating to the Service. You agree not to remove and to always include any and all copyright and intellectual property notices attached to intellectual property owned by or otherwise licensed to You by JBK, its Affiliates, its licensors and/or its content providers, including but not limited to all templates and learning materials. No one may copy, reproduce, transmit, post, distribute or create, derivative works from the Services without express, prior written authorization from JBK. No rights are granted to You hereunder other than as expressly set forth herein.
    2. License by Subscriber to JBK. Legal or case sensitive documents created or uploaded by the Subscribers, are and will remain under the ownership of the Subscriber. You hereby grant to JBK, and its Affiliates a worldwide, royalty-free, non-exclusive, limited license to host, copy, use, transmit, display and distribute any intellectual property as necessary to perform JBK’s obligations under this Agreement. In addition to the foregoing, Subscriber hereby grants to JBK a non-exclusive, worldwide, irrevocable, royalty-free right to use Subscriber’s name, logo, mark and/or testimonials in marketing materials and customer lists, including but not limited to on the Website.
    3. License by Subscriber and User to Use Feedback. JBK may occasionally request feedback from You regarding Your use of the Service. You grant to JBK, its Affiliates, assignees, subsidiaries, and successors a worldwide, perpetual, irrevocable, and royalty-free license to use and incorporate into its products and services any suggestion, enhancement request, recommendation, correction or other feedback provided by You relating to the operation of JBK’s or its Affiliates’ services without any obligations to You, including but not limited to acknowledgement, limitation, or notice of any kind.
11. CONFIDENTIALITY and Non-Disclosure.
    1. Protection of Confidential Information. As between the parties, each party retains all ownership rights in and to its Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind, but in no event less than a reasonable degree of care to: (i) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees, contractors, and service providers, who need that access for purposes consistent with this Agreement and who have confidentiality obligations not materially less protective of the Confidential Information than those herein. If the Subscriber sends any data, content or material to JBK through e-mail or by any other means except uploading to Subscriber’s own account in the Service, such information will be treated as non-confidential. Notwithstanding anything to the contrary above, JBK may disclose: (a) the terms of this Agreement to a subcontractor or independent third-party service provider(s) to perform JBK’s obligations under this Agreement, under terms of confidentiality materially as protective as set forth herein; and/or (b) as required or permitted by Clauses 10.2 and/or 10.3 above.
    2. Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law, law enforcement, or a court order, to do so, provided that the Receiving Party gives: (a) prior written notice of the compelled disclosure to the Disclosing Party (to the extent legally permitted); and (b) reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. JBK may disclose Confidential Information of the Subscriber to the extent compelled by Applicable Law, law enforcement, or a court order, to do so. If the Receiving Party is compelled by law or a legal proceeding to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information.
12. REPRESENTATIONS AND WARRANTY DISCLAIMERS.
    1. Representations. Each party represents that it has (i) no legal or contractual obligations that prevent it from entering into this Agreement; and (ii) the legal power to do so. Each individual executing this Agreement on behalf of a party hereby represents and warrants that it is authorized to do so on behalf of such party.
    2. Subscriber’s Warranties. Subscriber represents and warrants that: (a) it and all its Users have the necessary licenses and rights to use the Services and to provide data or information to JBK, (b) it will, at all times, provide true, accurate, and up to date information to JBK, and (c) it will make all payments on time.
    3. JBK’s warranties. JBK represents and warrants that during an applicable subscription term: (a) this Agreement will accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Subscriber’s data, (b) JBK will not materially decrease the overall security of the Services, (c) the Services will be provided in a workmanlike manner that conforms to the relevant, prevailing industry standard, and (d) JBK will not decrease the overall functionality of the Services. For any breach of the warranty above, Subscriber’s exclusive remedies are those described in Clauses 16.3 and 16.4 below.
    4. Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN, JBK DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND JBK SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOTMENT, DELAY IN SERVICES, RESULTS OBTAINED FROM USING THE WEBSITE, ERRORS OR DEFFECTS IN THE WEBSITE OR SERVICES, OR NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FREE DEMO (IF APPLICABLE) IS PROVIDED “AS IS”, AND AS AVAILABLE EXCLUSIVE OF ANY WARRANTY WHATSOEVER. JBK EXPRESSLY DISCLAIMS THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE, OR RELIABLE. ANY CONTENT DOWNLOADED THROUGH THE WEBSITE, IS DONE AT YOUR OWN RISK AND YOU SHALL REMAIN SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED BY SUCH CONTENT, INCLUDING ANY LOSS OF DATA OR DAMAGE CAUSED TO YOUR DEVICE.
    5. Legal Disclaimer. JBK DOES NOT MAKE ANY KIND OF CLAIM, REPRESENTATION, OR WARRANTY THAT THE SERVICES OFFERED WILL PROVIDE A LEGAL BENEFIT TO YOU. JBK IS NOT AN ADVOCATE OR A LAW FIRM. THE SERVICES PROVIDED ARE NOT A REPLACEMENT OF, AND DO NOT CONSIST OF, ANY LEGAL ADVICE. JBK MAY use data OR INFORMATION OBTAINED from the websites of various courts including the Supreme Court of India, the High Courts, various lower courts, AND OTHER GOVERNMENT WEBSITES OR SERVICES. COPYRIGHT IN SUCH DATA OR INFORMATION MAY be OWNED BY such courts / aUTHORITIES / WEBSITES AND ARE PROVIDED AS PER THE TERMS OF SERVICE OF THESE WEBSITES. JBK CANNOT BE HELD LIABLE FOR ANY CONTENT SOURCED FROM SUCH THIRD PARTIES.
13. Indemnification.
    1. Indemnity by JBK. JBK will defend at its expense any cause of action brought against You, to the extent that such cause of action is based on a claim that the Service, as hosted by JBK for Subscriber, infringes a patent, copyright, or trade secret of a third party. JBK will pay those costs and damages finally awarded against Subscriber pursuant to any such claim or paid in settlement of any such claim if such settlement was approved in advance by JBK. The Subscriber may retain its own counsel at the Subscriber’s own expense.‍
    2. No Liability. JBK will have no liability for any claim of infringement based on: (i) Services which have been modified by parties other than JBK where the infringement claim would not have occurred in the absence of such modification; (ii) Your use of the Service in conjunction with data or third-party software where use with such data or third-party software gave rise to the infringement claim; (iii) Your use of the Service outside the permitted scope of the Agreement; (iv) use of Service(s) provided for no fee including but not limited to Free Demo; (v) breach of Agreement by You; and/or (vi) for data or information obtained through a third-party as described in Clause 12.5 above.
    3. Remedies. In the event a claim is made or likely to be made, JBK may (i) procure for Subscriber the right to continue using the Service under the terms of the Agreement, or (ii) replace or modify the Service to be non-infringing without a material decrease in functionality. If neither of the foregoing options is commercially reasonably available, JBK or Subscriber may terminate Subscriber’s subscription to the affected Subscribed Service upon written notice to the other party, subject to a pro-rated refund for the remaining duration of the affected Subscribed Service.
    4. Indemnity by Subscriber.  Subscriber will defend,  indemnify, and hold JBK and its officers, directors, employees, consultants, sub-contractors and/or agents harmless from and against any and all damages, costs, liabilities, expenses (including, without limitation, reasonable attorneys’ fees), and settlement amounts incurred in connection with any claim arising from or relating to Subscriber’s: (i) breach of any of its obligations set forth in this Agreement; (ii) actual or alleged use of the Services in violation of this Agreement or Applicable Law by Subscriber or its User; or (iii) any actual or alleged infringement or misappropriation of third party intellectual property rights arising from data, information, or other materials, provided to JBK by the Subscriber or otherwise added into the Service by the Subscriber or its User.
    5. Indemnification Procedures. Each indemnifying party’s obligations as set forth in this Clause 13 are subject to the other party: (i) giving the indemnifying party prompt written notice of any such claim or the possibility thereof; (ii) giving the indemnifying party sole control over the defence and settlement of any such claim; and (iii) providing full cooperation in good faith in the defence of any such claim. Any settlement of a claim will not include a financial or specific performance obligation on, or admission of liability by, the party against whom the claim is brought.
    6. Exclusive Remedy. This Clause 13 states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any third-party claim described in this Clause 13.
14. Limitation of Liability.
    1. Limitation of Liability. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY SUBSCRIBER HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY BUT WILL NOT LIMIT SUBSCRIBER’S PAYMENT OBLIGATIONS UNDER CLAUSE 9.1 above. JBK’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT IS LIMITED TO DIRECT MONETARY DAMAGES. IN NO EVENT WILL JBK BE LIABLE FOR PROVIDING SUBSTITUTE SERVICES.
    2. Exclusion of Consequential and Related Damages. IN NO EVENT SHALL JBK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES (OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES): (1) FOR ANY LOST PROFITS, REVENUES, DATA, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, (2) FOR THE USE OR INABILITY TO USE THE SERVICE, (3) FOR ANY INACCURACY, ERROR OR OMISSION IN SERVICES, OR (4) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF JBK OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE ABOVE OR IF JBK’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS IN ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
    3. Essential Basis. SUBSCRIBER ACKNOWLEDGES THAT JBK HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE DISCLAIMERS OF WARRANTIES (Clause 12.4 above), LEGAL DISCLAIMERS (CLAUSE 12.5 above) AND LIMITATION OF LIABILITY (Clause 14), AND THE SAME FORM AN ESSENTIAL BASIS FOR THE BARGAIN BETWEEN THE PARTIES.
15. LOSS OF DATA.
    1. The Subscriber acknowledges that that JBK is not responsible for any loss of data due to electronic failure, resulting from accidental or deliberate deletion, network or system outages, backup failure, file corruption, or any other reasonable causes.
16. Terms and Termination.
    1. Term of the Agreement. This Agreement commences on the date Your first accept it and continues until the subscription has been terminated by either party as per the terms of this Agreement. Subscriptions for Subscribed Services renew automatically until the subscription is cancelled by the Subscriber or this Agreement is terminated by either party.
    2. Termination by Us. JBK may terminate this Agreement and/or Subscribed Service(s), under this Agreement for a cause (a) upon 30 days written notice to Subscriber of a breach of this Agreement by Subscriber if such breach remains uncured at the expiration of such period, or (b) immediately upon sending a written notice if Subscriber becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, assignment for the benefit of creditors, or (c) immediately upon breach of obligations under Clauses 9, 10, 11, 12 or 13, or (d) upon 30 days written notice to Subscriber without assigning any reason.
    3. Termination by Subscriber. Subscriber may terminate this Agreement for cause (a) upon 30 days’ written notice to JBK of a material breach of this Agreement by JBK if such breach remains uncured at the expiration of such period, or (b) immediately upon sending a written notice if JBK becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.
    4. Refund or Payment Upon Termination. If this Agreement is terminated by Subscriber under Clause 16.3, or by JBK under Clause 16.2(d), then JBK shall refund to Subscriber any prepaid fees covering the remainder of the term after the effective date of termination on a pro-rated basis. In no circumstances shall JBK be liable to refund any amount to Subscriber for termination of this Agreement or any Service by Subscriber except if such termination has been done by Subscriber or JBK under Clause 16.2(d) or 16.3 above. Termination of this Agreement does not relieve Subscriber of its obligation to pay for Services provided by JBK prior to the effective date of such termination.
    5. Surviving Provisions. Clauses, clauses and provisions of this Agreement that by their nature are intended to survive termination or expiration, will survive any termination or expiration of this Agreement for a period of three (3) years, except as otherwise provided in this Agreement or required by Applicable Law, including but not limited to the following Clauses: 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16.4, 16.5, 17, and 18.
17. DISPUTE RESOLUTION.
    1. Good Faith Consultation. The parties agree that they will attempt to resolve through good faith consultation, any dispute or difference in respect of, concerning, or connected with, the interpretation of this Agreement or performance of obligations under this Agreement, or otherwise arising out of this Agreement. The parties agree that such good faith consultation will begin promptly after either party has delivered a written request for such consultation to the other party.
    2. Arbitration. In the event that the parties are not able to resolve a dispute within thirty (30) days in accordance with the mechanism provided in Clause 17.1 above, the dispute shall be settled by a single arbitrator appointed by mutual consent of both parties. In the event that the parties to this Agreement fail to appoint an arbitrator within fifteen (15) days from the date of expiry of the mechanism specified above, an arbitrator may be appointed by a court of competent jurisdiction. The venue and seat of arbitration shall be in Bengaluru, India, only. The decision of the arbitrator shall be binding upon the parties, and can be enforced in a court of competent jurisdiction. The Clause 17.2 constitutes a binding consent by the parties for any proceedings in terms hereof and no party shall be entitled to withdraw from the proceedings.
18. General Provisions.
    1. Modification of this Agreement. We reserve all rights to modify the Agreement at Our sole discretion from time to time. You shall be responsible for regularly reviewing this Agreement for modifications. The last date of modification of this Agreement will be displayed on this page. We may, for Our convenience only and without waiving Your obligation to periodically review the Agreement, attempt to notify You of significant modifications to this Agreement through the Website, in an email notification, or through reasonable means. The modification will be in effect after the completion of seven (07) days from the date when the notification was posted or sent, except that the following categories of modifications may be made effective immediately: (a) modifications required to provide new features without negatively affecting Your rights under this Agreement; (b) modifications made to correct typographical errors; and/or (c) modifications made to comply with legal obligations or third-party rights, including but not limited to Our or Your obligations under the Applicable Law. You understand and agree that Your registration on, or continued access or use of, the Website beyond the effective date of such modifications shall be deemed to be Your acceptance of all modifications.
    2. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign this Agreement in its entirety, without the other party’s consent to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Notwithstanding the foregoing, if a party is acquired by, sells substantially all of its assets to, or undergoes a change of control in favor of, a direct competitor of the other party, then such other party may terminate this Agreement upon written notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors, and permitted assigns.
    3. Interpretation. In this Agreement, titles and headings are for convenience only and shall not affect the construction of any provision of this Agreement; references to either gender include references to all genders; “or” means “and/or”; and singular includes plural and plural includes singular.
    4. Force Majeure. Upon the occurrence of a Force Majeure Event, the parties agree to excuse performance under this Agreement and not hold the other liable for the delay in or failure of performance under this Agreement. Any such delay in or failure of performance shall not constitute a default or give rise to any liability for damages.
    5. Entire Agreement. This Agreement is the entire agreement between JBK and Subscriber regarding Subscriber’s use of Services and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
    6. Notices. Notices by JBK under this Agreement may be shown in the user interface of the Website, or sent to the contact information provided by You. Notices by You to JBK may be sent to the contact information provided in Clause 18.13 below.
    7. Waiver. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right unless otherwise agreed between the parties in writing
    8. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect.
    9. Third Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
    10. Relationship of Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Each party will be solely responsible for payment of all compensation owed to its employees, as well as all employment-related taxes.
    11. Remedies for Violations: JBK reserves the right to seek all remedies available at law and in equity for violations of these Terms.
    12. Governing Law and Jurisdiction. The Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflict of law. The courts of Bengaluru, India shall have sole and exclusive jurisdiction for all disputes arising out of the Agreement.
    13. Contact Us. For any questions or concerns related to the Agreement, please contact Us at dshivhare@jbkinfotech.com.

Last modified: April 04, 2025