Terms & Conditions

1. AGREEMENT TO TERMS

This “Terms of Use” forms a binding agreement that is legal between you, whether as an individual or on behalf of an entity (“you”), and APPWRK IT Solutions, operating as APPWRK IT Solutions (“APPWRK IT Solutions,” “we,” “us,” or “our”). This agreement governs your access to and use of the APPWRK website and any related media, including other websites, mobile platforms, or applications linked to it (collectively, the “Site”). By accessing or using the “Site,” you have confirmed that you, as an individual or on behalf of an entity, are reading, understanding, and agreeing to be bound by these “Terms of Use.” IF, IN CASE, YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN YOU ARE STRICTLY PROHIBITED FROM CONTINUING THE USAGE OF THE SITE, AND YOU MUST DISCONTINUE USAGE IMMEDIATELY.

Additional terms and conditions may be posted on the Site occasionally and are considered part of these Terms of Use by reference. We reserve the right to modify these Terms at our sole discretion. If we make any changes, their indication will be through the updation of the date displayed in “Last Updated’, and by continuing to use the Site after such updates, you acknowledge and accept the revised Terms. It is considered your sole responsibility to thoroughly go through and review the “Terms” periodically to stay informed.

Any information presented on the Site is not intended for access or use in jurisdictions where it would violate laws or require us to comply with specific registration requirements. If you choose to access the Site from outside these permissible areas, you do so at your own risk and are solely responsible for ensuring compliance with local laws.

Additionally, the Site is not designed to adhere to industry-specific regulations. If your use of the Site would require compliance with such regulations, you may not use it.

The usage of the Site is only intended for users who are aged 18 and above. Individuals under 18 are not permitted to use or register for the Site.

2. INTELLECTUAL PROPERTY RIGHTS

The Site and all its elements, including source code, databases, software, functionality, website designs, audio, video, text, images, and graphics (collectively known as the “Content”), in addition to service marks, logos, and trademarks (“Marks”), are owned, controlled, or licensed by us. They are protected under copyright, trademark, and other intellectual property laws. Both the provided Content and Marks on the Site are provided “AS IS” and are only intended for your personal and informational use.

Unless it has been given permission in terms of use, not a single part of the Site, its Content, or Marks is allowed to be copied, reproduced, republished, uploaded, sold, distributed, translated, licensed, posted, encoded, or publicly displayed, or is allowed to be used for commercial purposes without our prior written consent.

If you meet the eligibility requirements to continue using the Site, we will grant you a limited license for continued usage and access. You may download or print portions of the Content you have rightful access to, which is strictly for non-commercial and personal use. Any right that has not been granted to you by us means that it is reserved by us, including rights to the Site, its Content, and Marks.

3. USER REPRESENTATIONS

By using the Site, you confirm and warrant that:

You have the legal capacity and agree to abide by these Terms of Use.
You are not a minor in your place of residence.
You are not allowed access to the Site through non-human means, such as bots or scripts.
You cannot use the Site for any illegal or unauthorized means.
Your continued use of the Site complies with all applicable laws and regulations.
Suppose you provide false, inaccurate, outdated, or incomplete information. In that case, we have the full right to terminate or suspend you and your account and deny any future or current access to the Site (or any part of it).

4. PROHIBITED ACTIVITIES

You are only permitted to use the Site for its intended purposes as approved. Any unauthorized commercial use is strictly prohibited.

As a user of the Site, you must not:

You may not systematically collect or retrieve data from any page within the Site to create a directory or database without written permission.
Mislead or deceive us or other users, especially regarding sensitive account details.
Bypass or interfere with security features, including those that prevent copying or restrict access to Content.
Disparage, tarnish, or harm APPWRK IT Solutions or the Site.
Use information that is extracted from any page within the Site to harass, harm, or abuse others.
Any misuse of our support services or a false submission using false or abusive reports.
Violate any applicable laws or regulations.
Engage in unauthorized framing or linking of the Site.
Upload or transmit malware, spam, or any material that disrupts the Site’s functionality.
Automate interactions using bots, scripts, or data mining tools.
Remove any notices of copyright or proprietary issues from any Content.
Impersonate another user or use someone else’s username.
Upload or transmit spyware, web bugs, cookies, or similar data collection mechanisms.
Disrupt the Site, its networks, or connected services.
Harass, intimidate, or threaten our employees or agents.
Attempt to bypass Site restrictions on access or usage.
Copy, modify, or reverse-engineer the Site’s software.
Use unauthorized automated systems like scrapers, bots, or offline readers.
Use a purchasing agent to buy items on the Site.
Collect user data for unsolicited emails or create fake accounts.
Use the Site for competing purposes or commercial gain.
Advertise or offer goods/services without approval.
Copy Content or submit false information.

Violating these rules may result in suspension or termination of access to the Site.

5. USER-GENERATED CONTRIBUTIONS

The Site may allow you to interact, share, and contribute through blogs, message boards, forums, and other features. You can submit text, videos, images, comments, suggestions, or other materials (“Contributions”). These Contributions may be publicly visible on the Site or third-party platforms, meaning they are considered non-confidential and non-proprietary.

By submitting Contributions, you confirm and warrant that:

Your content does not infringe on any third party’s trademarks, copyrights, trade secrets, patents, or other rights.
You own or have the necessary rights, permissions, and licenses to share your Contributions and allow their use as outlined in these Terms.
You have obtained permission from any identifiable individuals appearing in your Contributions.
Your Contributions are not false, misleading, or deceptive.
They do not contain unauthorized advertisements, promotions, spam, or solicitations.
Your Contributions are not obscene, defamatory, offensive, harassing, violent, or otherwise inappropriate.
They do not encourage harm, harassment, or discrimination against individuals or groups.
Your content does not violate any laws, privacy rights, or child protection regulations.
They do not include offensive comments related to race, nationality, gender, sexual orientation, or disabilities.
They do not violate these Terms of Use or link to content that does.

Any violation of these terms may cause the actions of termination or suspension of allowing you to access the Site.

6. CONTRIBUTION LICENSE

By posting Contributions on the Site, you grant us an unlimited, worldwide, perpetual, royalty-free, sublicensable, and transferable license that allows us to copy, use, modify, distribute, display, broadcast, and create derivative works from your Contributions. This applies to all media formats, whether existing or developed in the future, for commercial, advertising, or other purposes.

This license also includes the right to use your name, business name, trademarks, or other identifiers associated with your Contributions. It is to be noted that you renounce any moral rights in your content and confirm that no such rights have been asserted.

Despite this license, you retain ownership of your Contributions and any associated intellectual property. We do not claim ownership over your content or are liable for any statements or representations made in your Contributions. You are the one who holds full responsibility for your submissions and agrees not to hold us accountable for any related claims.

We reserve the right to:

Edit, modify, or remove any Contributions at our discretion.
Re-categorize or relocate Contributions for better organization.
Pre-screen or delete Contributions without prior notice.

We are not obligated to monitor Contributions but may do so as needed.

7. SUBMISSIONS

By providing any questions, suggestions, feedback, or other information regarding the Site (“Submissions”), you give your full acknowledgment along with the agreement that the Submissions are not subject to being confidential and have the right to be our property. We will hold all intellectual property rights over these Submissions. We will have unrestricted rights to use, distribute, or commercialize them for any legal purpose without needing acknowledgment or compensation from you. You expressly waive any moral rights related to these Submissions and confirm that you created them or have the necessary rights to submit them. You further agree that there will be no legal recourse against us for any perceived misappropriation or infringement of proprietary rights in connection with your Submissions.

8. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain links to external platforms (“Third-Party Websites”) and display various forms of content from third parties (“Third-Party Content”), including but not limited to articles, videos, text, applications, graphics, and other materials. We do not review, verify, or monitor the accuracy, appropriateness, or reliability of these Third-Party Websites or Third-Party Content. Therefore, we are not responsible for any content, opinions, privacy policies, or other policies found within Third-Party Websites or associated with Third-Party Content.

Including, linking to, or permitting the use of any Third-Party Website or Third-Party Content does not indicate our endorsement or approval. If you choose to leave our Site and access any Third-Party Website or engage with Third-Party Content, you do so at your own risk, and our Terms of Use will no longer apply. Please review the terms and conditions and privacy policies of any third-party platform you access.

Furthermore, any purchases you have made using Third-Party Websites are considered transactions solely between you and the third party. We do not accept any liability for such purchases and disclaim any responsibility for issues arising from them. You agree to hold us harmless from any harm, losses, or damages related to your use of Third-Party Content or interactions with Third-Party Websites.

9. SITE MANAGEMENT

We retain the right, though not limited to the obligation, to:

Continuously monitor the Site to ensure it corresponds with these Terms of Use.
Take appropriate legal action against any individual or entity violating the law or these Terms, including but not limited to reporting them to relevant authorities.
Restrict, remove, or turn off any Contributions, either in whole or part, that we determine, at our sole discretion, violate these Terms.
Delete or turn off any files or content that seem to be large or place an undue burden on our systems.
Management of the Site in a manner that safeguards our rights and property while maintaining its proper functionality.

10. PRIVACY POLICY

We are committed to protecting your data privacy and security. By continuing to use the Site, you acknowledge and agree to be fully bound by APPWRK’s Privacy Policy, which can be found within this Terms of Use. The Privacy Policy details how we collect, store, use, and protect your data.

The Site’s data infrastructure is located in India, and by accessing it from a jurisdiction with divergent data protection regulations, you expressly consent to the cross-border transfer, processing, and storage of your data in compliance with Indian legal frameworks.

11. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We fully and wholeheartedly respect the intellectual property rights of others. Suppose you believe any material on or accessible through the Site infringes upon a copyright you own or control. In that case, you must promptly notify our agent, Designated for Copyright issues, using the contact information below (a “Notification”). Your notification will be made a copy and will be forwarded to whoever is the individual who has posted or stored the material in question. Please be aware that you may be liable for damages under federal law if you make false claims in a Notification. If you are uncertain whether the material on the Site violates your copyright, consider consulting an attorney before proceeding.

All Notifications must comply with the requirements of the DMCA and must include the following details:

Either the electronic or physical signature of an individual authorized and allowed to act on behalf of the copyright owner of the allegedly infringed material.
Identification of the work that is and is also claimed to be infringed, or if, in case, multiple copyrighted works on the Site that the Notification or a list of such works cover.
Identification of the allegedly infringing material or the subject of infringing activity, including details sufficient for us to locate the material.
The complainant’s contact information must include a telephone number, address, and, if available, an email address.
A comprehensive statement affirms that the complaining party has a good faith belief that the use of the material in question is not authorized by the owner of the copyright, its agent, or the law.
A statement that conveys that the information presented in the Notification is accurate and that under the penalty of perjury, the party complaining is authorized to act on behalf of the copyright owner.

Counter Notification

Suppose you believe the content you posted was removed from the Site due to an error or a mistaken identity. In that case, it is allowed to submit a Counter Notification in writing to our agent appointed for Copyright using the provided contact details (a “Counter Notification”). To be valid under the DMCA, your Counter Notification must include the following:

Identify the content or material turned off or removed and where it was initially available before removal or disabling.
A statement that states its complete agreement to the jurisdiction of the District Court in your location.
Please provide a statement confirming that you will fully accept the service of process issued by the party that filed the original Notification or their agent.
Your name, address, and telephone number.
A statement issued under the penalty of perjury affirming your faith and belief that the material was not only removed but also/ or disabled due to a misidentification or mistake.
Your physical or electronic signature.

If we receive a valid counter-notification, we will restore the removed content unless we are first notified by the party that submitted the original notification and that they have filed a court action to prevent you from engaging in infringing activity. Please note that if you knowingly misrepresent that your removed content was mistakenly taken down, you may be liable for damages, including legal costs and attorney fees. Filing a false Counter Notification constitutes perjury.

12. TERM AND TERMINATION

These Terms of Use will remain in effect if you continue using the Site. WITHOUT THE LIMITATION TO ANY OTHER PROVISION OF THESE TERMS, WE FULLY HAVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT ANY NOTICE OR LIABILITY, TO DENY THE ACCESS ALONG WITH THE USAGE OF THE SITE (INCLUDING THE BLOCKING OF ANY SPECIFIC IP ADDRESSES) TO ANY PARTY OR INDIVIDUAL FOR ANY REASON, INCLUDING BUT NOT LIMITED TO A VIOLATION OF THESE TERMS OF USE ALONG WITH ANY APPLICABLE LAW OR REGULATION. WE MAY ALSO TERMINATE YOUR USAGE OF THE SITE OR ANY PARTICIPATION INVOLVED IN THE SITE OR DELETE ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME WITHOUT WARNING, AT OUR SOLE DISCRETION.

Suppose we have suspended or terminated your account for any reason. In that case, you are prohibited from the creation of a new account creating a new account under your direct name, a false or borrowed name, or under the name of a third party, which includes the situation if you are acting on behalf of that third party. In addition to termination or suspension, we reserve the right to take legal action as necessary, including definitely but not limited to pursuing civil, criminal, and injunctive remedies.

13. MODIFICATIONS AND INTERRUPTIONS

We retain the complete right to modify, remove, or alter any content as we wish on the Site at any time and for any reason without prior notice. It is to be noted that we do not have any obligation to update any information on the Site. We also have the right to modify, suspend, or discontinue all or part of the Site without prior notice. We shall not be held liable at any point to you or any third party about the cause of any price changes, modifications, suspensions, or discontinuations of the Site.

We do not guarantee that the Site will be available at all times. Technical issues, including hardware or software failures or maintenance procedures, may result in interruptions, delays, or errors. We reserve the right to update, revise, suspend, discontinue, or otherwise modify the Site without prior notice. You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Site during periods of downtime or discontinuation. These Terms of Use do not obligate us to maintain or support the Site, nor do they require us to provide any related corrections, updates, or releases.

14. GOVERNING LAW

These Terms shall be governed by, construed, and enforced in accordance with the Indian legal frameworks. APPWRK IT Solutions and you irrevocably agree that the courts of India shall have exclusive jurisdiction to resolve any disputes arising out of or in connection with these Terms.

15. DISPUTE RESOLUTION

Informal Negotiations

To facilitate a swift resolution and minimize costs that come in association with any controversy, claim, or dispute that is related to these Terms of Use (individually referred to as a “Dispute” and collectively as the “Disputes”), both you and we (we can refer each using the term “Party” and collectively using the term “Parties”) are automatically agreeing to attempt to resolve any Dispute (except for those explicitly excluded below) through any informal negotiations for a minimum of at least 30 days before initiating arbitration. These informal negotiations shall commence upon written notice from one Party to the other.

Restrictions

The Parties agree that arbitration shall be strictly limited to the Dispute between the Parties individually. To the maximum extent permitted by law:

(a) Arbitration shall not be combined with processing of any sort.

(b) It is to be noted that there will be no right or authority for any Dispute to be arbitrated on a class-action basis or under class-action procedures.

(c) There shall be no right or authority for any Dispute to be used as a liability and brought in a representative capacity that acts on behalf of the general public or any other individuals.

Exceptions to Informal Negotiations and Arbitration

In case of the occurrence of a dispute, the following are exempt from any of the above provisions regarding informal negotiations and binding arbitration:

(a) Any Dispute concerning the enforcement, protection, or validity of a Party’s intellectual property rights.

(b) In case of any Dispute arising from or related to any allegations of privacy, invasion of privacy, theft, or unauthorized use.

Suppose any part of this provision is deemed unlawful or unenforceable. In that case, neither of the parties shall have the right to elect to arbitrate any Dispute that falls within that specific portion. Instead, such Disputes shall be resolved in a court of competent jurisdiction, as mentioned above, and both Parties fully agree to submit to that court’s jurisdiction.

16. CORRECTIONS

Understandably, the Site may contain typographical errors, inaccuracies, or omissions in descriptions, pricing, availability, and other details. We fully reserve the right to amend, correct, and update any information on the Site without prior notice to you or any users at any time.

17. DISCLAIMER

IT IS TO BE NOTED THAT THE SITE IS PROVIDED TO THE USERS ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THROUGH CONTINUING YOUR USAGE OF THE SITE, YOU AGREE THAT OUR SERVICES ARE AT YOUR SOLE RISK. IN ADDITION TO THIS, TO THE MAXIMUM EXTENT THAT IS PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES RELATING TO THE SITE AND YOUR USE OF IT, INCLUDING, IT IS BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ALONG WITH NON-INFRINGEMENT.

WE CLEARLY STATE THAT WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS OR ACCURACY OF THE SITE’S CONTENT OR ANY CONTENT ON WEBSITES LINKED TO THE SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR THE FOLLOWING:

(1) ERRORS, INACCURACIES, OR OMISSIONS IN CONTENT AND MATERIALS.

(2) ANY PERSONAL INJURY OR DAMAGE IN PROPERTY THAT ARISES FROM YOUR USE OF THE SITE.

(3) THE UNAUTHORIZED ACCESS TO OR ANY USAGE OF OUR SERVERS THAT ARE SECURE AND ANY CONFIDENTIAL, PERSONAL OR FINANCIAL INFORMATION THAT IS STORED WITHIN THE DEFINED SPACE.

(4) INTERRUPTIONS OR DISRUPTIONS IN TRANSMISSION TO OR FROM THE SITE.

(5) VIRUSES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED THROUGH THE SITE BY THIRD PARTIES.

(6) ANY ERRORS OR OMISSIONS IN THE MATERIALS OR THE CONTENT OR ANY LOSS OR DAMAGE THAT RESULTS THE USE OF CONTENT AVAILABLE THROUGH THE SITE.

WE DO NOT WARRANT, ENDORSE, OR GUARANTEE ANY SERVICE OR PRODUCT THAT IS BEING ADVERTISED OR OFFERED BY ANY THIRD PARTIES THROUGH THE SITE, ANY WEBSITE THAT MAY BE LINKED, OR ANY BANNER OR OTHER ADVERTISING. WE SHALL NOT BE RESPONSIBLE FOR MONITORING TRANSACTIONS BETWEEN YOU AND THIRD-PARTY SERVICE OR PRODUCT PROVIDERS. AS WITH ANY PURCHASE, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE NECESSARY.

18. LIMITATIONS OF LIABILITY

IT IS TO BE NOTED THAT NO MATTER WHAT THE CIRCUMSTANCES, WE, ALONG WITH OUR EMPLOYEES, DIRECTORS, OR AGENTS CAN BE HELD TO BE LIABLE TO YOU OR ANY 3RD-PARTY FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, THAT INCLUDE BUT IS NOT ONLY LIMITED TO PROFIT LOSS, REVENUE LOSS, DATA LOSS, OR ANY OTHER DAMAGES THAT RESULT FROM THE USAGE OF THE SITE BY YOU, EVEN IN CASE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19. INDEMNIFICATION

You, with your full contest, are agreeing to defend, indemnify, and hold us harmless, along with all our respective affiliates and subsidiaries, in addition to our respective officers, partners, agents, or employees, from any sort of loss, damage, liability, claim, or demand including reasonable attorneys’ fees and expenses brought by any third party due to or arising from:

(1) Contributions by you

(2) Your usage of the Site.

(3) Breach of these Terms by you.

(4) The violation of any representations and warranties you have made under these Terms of Use.

(5) Your infringement upon any 3rd party’s rights includes but is not limited to intellectual property rights.

(6) Any deliberate harmful act toward another person who is using the Site with whom you interacted through the Site.

Notwithstanding the above, we reserve the right—at your expense—to take exclusive control of the defense and management of any matter for which you are required to indemnify us, and you agree to fully cooperate, at your expense, with our defense against such claims. We will try to notify you of any action or claim or those proceedings subject to this indemnification clause as soon as we become aware.

20. USER DATA

We bring to your attention that we store and maintain certain data that you transmit to the Site to manage the Site’s functionality and track your interactions. While we conduct regular backups for data, you are solely responsible for any data you transmit or any activity linked to your use of the Site. We also do not hold any liability for any loss or corruption of such data. Through your usage of the Site, you waive any claims against us regarding the loss or corruption of your data.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

You acknowledge engaging in electronic communication by accessing the Site, sending us emails, or submitting online forms. You fully consent to continue receiving electronic communications from us and agree that all agreements, notices, disclosures, and other messages provided electronically, whether via email or through the Site, fulfill any legal requirements that such communications be in writing.

BY USING THE SITE, YOU ACCEPT THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND RECORDS, ALONG WITH THE DELIVERY IN ELECTRONIC FORM NOTICES, POLICIES, AND TRANSACTION RECORDS CARRIED OUT BY US OR THROUGH THE SITE. You expressly waive any rights or legal obligations under relevant laws, regulations, or rules that require original (non-electronic) signatures, the retention of physical records, or non-electronic transaction processes.

22. MISCELLANEOUS

In addition to any policies or operational rules published on or about the Site, these Terms of Use constitute the entire understanding and agreement between the two parties, “you” and “us.” Failure to enforce or reinforce any right or provision in these Terms of Use shall not be interpreted as a waiver of such right or provision. These Terms of Use shall be enforced to the maximum extent law permits.

We reserve the right to transfer and assign all of our rights and a part of them, along with their obligations, to others at any time. We shall not be held responsible for any loss, damage, delay, or failure to act in circumstances beyond our control.

If any provision or part of these Terms of Use is found to be unlawful, invalid, or unenforceable, then that particular portion shall be severed. But it is to be noted that the remaining provisions shall remain in full force and effect. No partnership, joint venture, employment, or agency relationship is established between the two parties “you” and “us” that can come as a result of this Terms of Use or through the personal usage by you of the Site.

You agree that these Terms of Use shall not be interpreted against us simply because we were the ones who put them into use. Along with that, you waive any defenses that can arise based on the electronic nature associated with these “Terms of Use” and the non-occurrence of any signature in the physical form of both parties involved.