Last Updated: September 23, 2024

AGREEMENT TO OUR LEGAL TERMS

We are TRAKYO VENTURES LLP, doing business as Trakyo ("Company", "we", "us", "our"), a company registered in India at Kozhikode, Kerala 673639. We operate the website trakyo.com, the mobile application Trakyo (the "App"), and any other related products and services that refer or link to these Legal Terms (collectively, the "Services").

You can contact us by email at hello@trakyo.com or by mail to Kozhikode, Kerala 673639, India.

These Legal Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity) and TRAKYO VENTURES LLP, concerning your access to and use of the Services. BY ACCESSING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE LEGAL TERMS. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USE IMMEDIATELY.

The Services are intended for users aged 18 and above. Persons under the age of 18 are not permitted to use or register for the Services.

The information provided through the Services is not intended for distribution in any jurisdiction where such distribution would be contrary to law or would subject us to any registration requirement. Users who access the Services from outside India do so at their own initiative and are responsible for compliance with local laws.

2.1 Our Intellectual Property

We own or are licensed to use all intellectual property rights in our Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics ("Content"), as well as all trademarks, service marks, and logos ("Marks"). These are protected by copyright and trademark laws in India and internationally.

2.2 Your Use of Our Services

Subject to compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and download or print Content for your personal, non-commercial use only. Any other use requires our prior written permission.

Requests for permission should be directed to: hello@trakyo.com

2.3 Your Submissions

By submitting questions, comments, suggestions, or feedback ("Submissions"), you assign all intellectual property rights in such Submissions to us. We may use Submissions for any lawful purpose without acknowledgment or compensation.

By using the Services, you represent and warrant that:

•        All registration information you submit is true, accurate, current, and complete

•        You will maintain the accuracy of your registration information

•        You have the legal capacity to agree to these Legal Terms

•        You are not a minor in your jurisdiction of residence

•        You will not access the Services through automated or non-human means

•        You will not use the Services for any illegal or unauthorised purpose

•        Your use of the Services will not violate any applicable law or regulation

You may be required to register to access certain parts of the Services. You agree to keep your password confidential and are responsible for all activity under your account. We reserve the right to remove or change usernames we deem inappropriate.

We make every effort to accurately display product colours, features, and specifications. However, we cannot guarantee that your electronic display will accurately reflect actual products. All products are subject to availability, and we reserve the right to discontinue any product at any time. Prices are subject to change without notice.

We accept the following forms of payment:

•        Visa

•        Mastercard

•        All UPI Applications

All payments are in Indian Rupees (INR). You agree to provide accurate and complete payment information. We reserve the right to refuse or cancel any order at our sole discretion, including orders that appear to be placed by dealers or resellers.

Sales tax will be applied as required. We may correct pricing errors even after payment has been received.

Please refer to our separate Refund and Return Policy document, which forms part of these Legal Terms.

You agree not to:

•        Systematically retrieve data to compile databases or directories without our written permission

•        Trick, defraud, or mislead us or other users

•        Circumvent or interfere with security-related features of the Services

•        Disparage or harm us or the Services in any way

•        Use information from the Services to harass, abuse, or harm another person

•        Submit false reports of abuse or misuse of support services

•        Use the Services in a manner inconsistent with applicable law or regulation

•        Upload viruses, trojans, spyware, or any malicious code

•        Engage in any automated use of the Services, including bots, scripts, or data mining tools

•        Delete or alter copyright or proprietary rights notices

•        Attempt to impersonate another user or person

•        Interfere with or disrupt the Services or connected networks

•        Decompile, disassemble, or reverse engineer any part of the Services

•        Use the Services for any revenue-generating or commercial enterprise not endorsed by us

To the extent the Services allow you to submit or post Contributions (text, images, videos, or other content), you represent and warrant that your Contributions:

•        Do not infringe any third-party intellectual property, copyright, patent, trademark, or trade secret rights

•        Are accurate and not misleading

•        Are not offensive, discriminatory, defamatory, or otherwise objectionable

•        Do not violate the privacy or publicity rights of any third party

•        Comply with all applicable laws and regulations

By making Contributions, you grant us a licence to access, store, and use your Contributions in accordance with our Privacy Policy. You retain ownership of your Contributions but agree that we may use feedback without compensation.

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on devices you own or control. You agree not to decompile, reverse engineer, or modify the App, and not to use it for any purpose other than as intended.

Where the App is obtained through the Apple App Store or Google Play, additional terms from those distributors may apply.

We reserve the right to: monitor the Services for violations; take legal action against violators; restrict, disable, or remove Contributions or content; and otherwise manage the Services to protect our rights and ensure proper functioning.

We care about data privacy and security. Please review our Privacy Policy, which is incorporated into these Legal Terms. By using the Services, you agree to be bound by our Privacy Policy. The Services are hosted in India. If you access the Services from another region, your data may be transferred to and processed in India.

These Legal Terms remain in effect for as long as you use the Services. We reserve the right to deny, suspend, or terminate your access at any time and without notice, at our sole discretion. If your account is terminated, you may not create a new account without our express permission.

We reserve the right to change, modify, or remove the contents of the Services at any time without notice. We do not guarantee uninterrupted availability and accept no liability for interruptions, delays, or errors in the Services.

These Legal Terms are governed by and construed in accordance with the laws of India. TRAKYO VENTURES LLP and you irrevocably submit to the exclusive jurisdiction of the courts of India to resolve any disputes arising in connection with these Legal Terms.

17.1 Informal Negotiations

Before initiating formal proceedings, the parties agree to attempt to resolve any dispute informally for a period of 30 days. Informal negotiations commence upon written notice from one party to the other.

17.2 Binding Arbitration

If informal negotiations fail, disputes shall be resolved through binding arbitration conducted in English, seated in Kozhikode, Kerala, India, and governed by the substantive laws of India. The number of arbitrators shall be one (1).

17.3 Restrictions

Arbitration shall be conducted on an individual basis. No arbitration may be joined with another proceeding, and no class action arbitration is permitted.

17.4 Exceptions

Disputes regarding intellectual property rights, allegations of theft or piracy, invasion of privacy, unauthorised use, or claims for injunctive relief are excluded from the arbitration requirement.

We reserve the right to correct any errors, inaccuracies, or omissions in the Services at any time without prior notice.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to defend, indemnify, and hold harmless TRAKYO VENTURES LLP and its officers, agents, partners, and employees from and against any loss, damage, liability, or claim arising from: (1) your use of the Services; (2) breach of these Legal Terms; (3) breach of your representations and warranties; (4) violation of a third party's rights; or (5) any harmful act toward another user.

We may retain certain data you transmit for the purpose of managing the Services. You are solely responsible for all data you transmit. We accept no liability for loss or corruption of your data.

By using the Services, you consent to receive electronic communications. You agree that electronic agreements, notices, and records satisfy any legal requirement for written communications.

If you opt in to receive SMS communications from us, you may opt out at any time by replying STOP to any message. Standard message and data rates may apply, as determined by your carrier.

For assistance with SMS communications, email: hello@trakyo.com

These Legal Terms and any policies posted by us constitute the entire agreement between you and us. If any provision is found unlawful or unenforceable, it shall be severed without affecting the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created by these Legal Terms.

TRAKYO VENTURES LLP

Kozhikode, Kerala 673639, India

Email: hello@trakyo.com

Website: https://trakyo.com