Version 2.0 - Last updated on 22 November 2022
COHESIVE PLATFORM - TERMS OF SERVICE
These terms and conditions (“Terms of Service”) set out the terms and conditions for use of http://cohesive.so/ (the “Site”) ”), and any features, subdomains, content (except as specified hereunder), functionality, products, services (including the Services), media, applications, or solutions offered on or through the Site and/or any application and/or through any modes, medium, platform or format, including through Secure Digital (‘SD’) cards, tablets or other storage/transmitting device (hereinafter collectively referred to as the “Platform”/ “Cohesive Platform”).
When we speak of “Cohesive”, “we”, “us”, and “our”, we collectively mean Sorting Hat Technologies Private Limited — a company incorporated in India and all of its affiliates which have license to host the Platform and offer Services. Kindly refer to the ‘About Cohesive’ section of these Terms of Service to know which Cohesive entity your Agreement will be with.
All capitalized terms are defined/have the meaning assigned to it under these Terms of Service. In other words, if you find any word herein that has its first letter capitalized, then it means that we have explained the meaning such word has in the context of these Terms of Service and/or the Platform Terms; if not here, then it will be provided in the relevant Platform Terms – when we refer to any such term in these Terms of Service, we will try and specify where in the Platform Terms you can find the meaning/definition.
These Terms of Service are split into two parts: Part 1: describes the general terms and conditions that apply to all Users of the Platform who visit the Platform; and Part 2: describes the terms that apply to any User that obtains a license to use a free version or a paid version of the Services which are accessed through the Platform (“Subscriber(s)”).
PART 1: GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL USERS
Table of Contents:
A. About Cohesive and the Platform
B. Platform Services
C. Eligibility and Access to the Platform
D. Age Requirements to register and use the Platform
G. Ownership of Cohesive’s Intellectual Property
I. Copyright, Trademarks, and Intellectual Property Rights
J. Claims against User Content
K. Cohesive’s Rights
L. Code and Conduct
M. Linked Websites
O. Limitation of Liability
P. OFAC (Office of Foreign Asset Control)
Q. Applicable Laws and Jurisdiction
R. General Provisions
S. Contact for User Support/Queries
T. Contact Us
U. California Civil Code Section 1789.3
A. About Cohesive and the Platform: The Cohesive Platform is owned, managed, operated, and offered by Sorting Hat Technologies Private Limited, a company incorporated under the (Indian) Companies Act, 2013, having its registered office at Maruti Infotech Centre, 3rd Floor, A-Block, Domlur, Koramangala Inner Ring Road, Bangalore- 560 071, India (“Cohesive”).
B. Platform Services: Cohesive Platform is an Environment-as-a-Service (“EaaS”) based platform that offers for interested Users inter-alia the ability to launch environments on demand. These environments might be hosted on Cohesive’s cloud account or the User's, depending on the products or services as may be offered by Cohesive.
For the purpose of the Platform Terms, usage of the terms “Platform Services”/ “Services” shall mean and include all the services referred to in this section and such other products or services as may be offered by Cohesive through the Platform and/or in association thereof.
C. Eligibility and Access to the Platform:
The Platform is intended for access and use by individuals who meet the ‘Age Requirements’ specified hereinbelow. “Users” may also include a company, a firm, sole proprietorship, or other association of individuals engaged in commercial or professional activities.
D. Age Requirements to register and use on the Platform (“Age Requirements”):
Cohesive reserves the right to terminate your Subscription and / or restrict your access to the Platform, if it is discovered that you do not meet the Age Requirements and/or the consent to register and use the Platform is not obtained as above. You acknowledge that Cohesive does not have the responsibility to ensure that You conform to the aforesaid Age Requirements. It shall be Your sole responsibility to ensure that the required qualifications are met.
Further, the permission given by Cohesive to access and use the Platform under these Terms of Service is subject to the following conditions:
E. Communications: When you visit the Platform, you are communicating with us electronically. You may be required to provide a valid email ID and phone number and certain other details while requesting for access to the Platform or while enrolling or purchasing any Subscription (defined in Part 2 of the Terms of Service) for the Services offered. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. By providing your information you authorize Cohesive, its affiliates, and their respective employees, agents, and contractors to initiate electronic communications by email, telephone calls, or such other mode of communication with respect to your use of the Platform and regarding the products and services (including the Services), newsletters, marketing and promotional materials offered by Cohesive and / or its affiliates. These communications may be made by or on behalf of Cohesive, even if your phone number is registered on any state or central do not call list. Telephone calls may be recorded. You acknowledge that your telephone operator and/or internet service provider may have levied certain charges on you vis-à-vis your communications with Cohesive as it constitutes availing their services, and you agree to be responsible for all such charges, and Cohesive will not be responsible for any such charges. Do not submit your information if you do not consent to being contacted by telephone, text, email, or such other mode of communication. Further, you will always have an option to unsubscribe / opt out from any promotional communications sent by Cohesive and / or its affiliates either by following the relevant instructions that may be communicated via text, email, or such other mode of communication in which you received a promotional communication or by disabling the options provided within your account on the Platform.
Please note that –
To understand the Personal Information shared by you with us to enable the Services, please read the ‘Personal Information of Authorized Users’ section in Part 2 of this Terms of Service.
G. Ownership of Cohesive’ s Intellectual Property Rights: Cohesive and / or its affiliates own / have necessary licenses to all information and materials (in whatever form or media) provided or communicated to you by or on behalf of Cohesive including but not limited to, the Platform, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Platform, logos, marks, graphics, audio files, video files, any software which is owned by or licensed to Cohesive and / or its affiliates, the underlying source and object code, instructions embedded in any form of digital documents and other data, information, or material made available to you by Cohesive (“Cohesive Content”). Cohesive Content specifically excludes any content uploaded by the Users, including without limitation, User’s Content on the Platform. Cohesive Content, including its trademarks, will not be used, modified, or altered by you in any way. You acknowledge and agree that you do not acquire any ownership or rights to the Cohesive Content or the Platform by use of the Platform. You acknowledge and agree that the Cohesive Content is protected by the copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and any unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance of the Cohesive Content and any component thereof is strictly prohibited.
You confirm and undertake not to utilize any data mining tools, robots, or similar data gathering and extraction tools to extract for re-utilization of any substantial parts of this Platform, without Cohesive’s express prior written consent.
H. Feedback: If you choose to submit suggestions, ideas, comments, or questions containing product feedback about the Platform or any of the Services, either through the Platform or otherwise (“Feedback”), then you grant Cohesive and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use (and full right to sublicense), reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, and display such Feedback in any form. You shall have no intellectual property right in the Platform as a result of Cohesive’s incorporation of your Feedback in the Platform.
I. Copyright, Trademarks, and other Intellectual Property Rights: At Cohesive, we respect the intellectual property of others just as much ours and, hence, if you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement of your intellectual property (including your copyrights and trademarks), then kindly write to us at firstname.lastname@example.org with complete details as required hereunder.
If Cohesive has knowledge of or has any reason to believe that any Cohesive Content on the Platform violates the intellectual property rights of Cohesive or other Users, then we reserve the right to remove access to such content. All complaints/ notices of alleged copyright infringements or violations received by Cohesive shall be processed, investigated and appropriate actions will be taken in the following manner:
For all User Content published in respect of Services offered , complaints/ notices of alleged copyright infringements or violations received by Cohesive shall be dealt with in accordance with the Indian Copyright Act, 1957 (as amended from time to time). If you, in good faith, believe that your work or that of a person you know, has been copied in a way that constitutes copyright infringement or violation, a notification of claimed copyright infringement or violation should be emailed to Cohesive at email@example.com (Subject line: “Copyright: Takedown Request - India”) which contains the information stated hereinbelow.
Please note that by claiming copyright infringement you are initiating a legal process, kindly be sure to consider whether fair use, fair dealing, or a similar exception to copyright apply before you report.
To be effective, the notification you send to us must be in writing and contain the following information:
(a). an electronic or physical signature of you or the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b). a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c). a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
(d). Your address, telephone number, and email address;
(e). a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
(f). a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please note that we may send a copy of any infringement claim received to the person whose User-generated Content was reported by you as infringing, and such person will have the right to respond to your notice in accordance with the applicable laws. Only if we believe to have reasonable grounds that show proof of any infringement or if there are any court orders, we will take down the infringing content in accordance with the Platform Terms and applicable laws.
If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Platform is infringing upon a copyright, you may be held liable for damages and attorneys’/lawyers’ fees.
J. Claims Against User Content: Cohesive does not monitor or have any control over or does not warrant, and makes no claim or representation regarding the accuracy, completeness, or usefulness of any User Content provided on the Platform by its Users and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, such User Content. Cohesive disclaims all liability and responsibility arising from any reliance placed on such materials by you. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Cohesive Content, are solely the responsibility of the User providing those materials.
K. Cohesive’s Rights: In respect of the entire Platform, Cohesive reserves the following rights:
• Cohesive reserves the right to put on-hold or reject or suspend or terminate your registration on the Platform for the purpose of complying with the legal and regulatory requirements.
• Cohesive reserves the right to remove you and/or the User Content without notice if you violate any provisions of the Platform Terms.
• Cohesive may modify, terminate, or refuse to provide Services at any time for any reason, without notice.
• Notwithstanding anything contrary stated in the Platform Terms, in its sole discretion, Cohesive may remove anyone from the Platform at any time for any reason.
• Cohesive reserves the right to access your account and/or the User Content in order to respond to requests for technical support, to maintain the safety and security of the Platform, legal purposes and for other legitimate business purposes, as necessary, in Cohesive’s discretion.
Cohesive has no obligation to monitor any content that appears on the Platform or review any conduct occurring through the Platform, including any interactions between Users, however, if Cohesive receives notice or becomes aware of, any violation of the Platform Terms, then, Cohesive reserves the right to refuse your access to the Platform, terminate accounts or remove such violating content at any time without notice to you.
L. Content and Conduct
M. Linked Websites: The Platform may contain links to third-party websites such as social media websites. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
N. Disclaimer: YOU AGREE THAT THE PLATFORM, CONTENT, AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COHESIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, COHESIVE EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY, SECURITY, RELIABILITY, QUALITY, AVAILABILITY OR COMPLETENESS OF THE PLATFORM, USER’s CONTENT ON THE PLATFORM, OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN USER’s CONTENT OR ANY CONTENT ON THE PLATFORM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN USER’s CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF USER’s CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM AS COHESIVE IS STRICTLY AN INTERMEDIARY AS UNDER THE INDIAN INFORMATION TECHNOLOGY ACT, 2000. COHESIVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR USER’s CONTENT OR THE PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COHESIVE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER’s CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
O. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COHESIVE, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN USER’s CONTENT OR ANY OTHER CONTENT AVAILABLE AT COHESIVE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR COHESIVE PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE COHESIVE PLATFORM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR COHESIVE PLATFORMS BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN USER’s CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COHESIVE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COHESIVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, COHESIVE AND ITS AFFILIATES LIMIT THEIR LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO SUPPLYING YOU THE COHESIVE PLATFORM AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT COHESIVE SHALL NOT BE LIABLE FOR USER’s CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE COHESIVE PLATFORM IS CONTROLLED AND OFFERED BY COHESIVE AND / OR ITS AFFILIATES DEPENDING UPON YOUR JURISDICTION. COHESIVE MAKES NO REPRESENTATIONS THAT THE COHESIVE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE COHESIVE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
THE AGGREGATE LIABILITY OF COHESIVE TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF (OR ANY INABILITY TO USE) THE PLATFORM, OR OTHERWISE ARISING UNDER PART I OF THESE TERMS OF SERVICE, SHALL UNDER NO CIRCUMSTANCES EXCEED INR 1,000/-.
P. OFAC (Office of Foreign Asset Control): You represent and warrant that you are not and nor are you owned or controlled directly or indirectly by, any person, group, entity or nation named on any list issued by the Department of the Treasury's Office of Foreign Asset Control ("OFAC" ), or any similar list or by any law, order, rule or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a "Specially Designated National and Blocked Person", terrorist, or other banned or blocked person (any such person, group, entity or nation being hereinafter referred to as a ("Prohibited Person"); (ii) you are not (nor are you owned or controlled, directly or indirectly, by any person, group, entity or nation which is) acting directly or indirectly for or on behalf of any Prohibited Person; (iii) you (and any person, group, or entity which you control, directly or indirectly) have not conducted nor will conduct business nor have engaged nor will engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, good or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation; (iv) you are not prohibited by any sanctions program as maintained by OFAC from transacting with Cohesive, including those sanctions programs currently in effect with respect to Cuba, Iran, North Korea, Syria, Venezuela, or Crimea. In connection with the foregoing, it is expressly understood and agreed that the representations and warranties contained in this subsection shall be continuing in nature.
Q. Applicable Laws and Jurisdiction: The applicable law and jurisdiction is dependent upon which entity forming part of the Cohesive group is offering you the Platform and the Services, which in turn is dependent upon the Subscription chosen by you. Illustratively, Services provisioned in respect of Subscriptions, Cohesive shall be the entity rendering the Services and, accordingly, the Agreement shall be governed by and construed in accordance with the laws of India; and you agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore, Karnataka, India.
R. General Provisions:
Contact for User Support/Queries: For queries relating to Services offered by Cohesive , please write to us at firstname.lastname@example.org.
S. Consumer Grievances:
Nodal Officer Details –
Name: Tony Mathew (Legal Department)
Grievance Officer Details –
Name: Nishant Jain
T. Contact Us: If you have concerns or queries regarding the Platform Terms, you may write to us by email at email@example.com or by post to:
Sorting Hat Technologies Pvt Ltd,
Maruti Infotech Centre, 3rd Floor,
A-Block, Domlur, Koramangala Inner Ring Road,
Bangalore- 560 071, Karnataka, India
U. California Civil Code Section 1789.3: Californian Users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to firstname.lastname@example.org.
Subject Matter of Subscription
Relevant Entity for Agreement
Sorting Hat Technologies Pvt. Ltd. (Cohesive)
Maruti Infotech Centre, 3rd Floor, A-Block, Domlur, Koramangala Inner Ring Road, Bangalore- 560 071
PART 2: TERMS AND CONDITIONS APPLICABLE TO ALL SUBSCRIBERS
Table of Contents:
A. Your Accounts
B. Subscription Terms
C. Pricing and Payments
D. Cancellation and Refund Policy
E. Use of the Platform
F. Intellectual Property and License to User’s Content
G. Control of the Platform and Services
H. Personal Information, Security and Compliances
J. Deletion of Account
K. Platform Availability
L. Term and Termination
O. Indemnity and Release
The terms and conditions in this Part 2 of the Terms of Service govern all use of the Services described offered to and used by you as a Subscriber. The Services are offered to you subject to your acceptance of all the terms and conditions contained in the Platform Terms (without modification). Additionally, depending on the type of Subscription (defined) purchased by you, there may be an additional Service Order (defined hereinafter) between you and Cohesive; “Service Order” is any document (including any web form) agreed to between you and Cohesive which sets forth, as applicable, the Services licensed by Cohesive under the chosen Subscription, any relevant pricing and other additional terms and conditions for rendering of Services. Such Service Order(s) will also be deemed to be incorporated in the “Agreement”. Multiple Service Orders may be entered into between you and Cohesive, and each Service Order will reference this Agreement and will be deemed to be part of this Agreement, unless otherwise specifically agreed between you and Cohesive in writing (emails included).
THE PART 2 OF THE AGREEMENT IS EFFECTIVE AS OF THE DATE THAT YOU BECOME A SUBSCRIBER.
A. Your Accounts: Access to the Platform and the Service offered therein shall be made available to you subject to the Subscription purchased by you. Further, once you have the access, depending upon the type of the Subscription, you may have the option to provide limited or full access of your account to multiple persons, either through Third-Party Providers (defined hereinafter) or through other options that may be made available to you on the Platform (“Authorized Users”); in your sole discretion, you may choose to authorize the Platform to connect to third party software applications and platforms, such as your GitHub or Bitbucket account (“Third-Party Provider”) to import data, such as your GitHub or Bitbucket account user name and email address and member user names and email addresses. These Third-Party Providers are not under Cohesive’s control. We do not endorse any Third-Party Providers. Please refer the terms and conditions of such Third-Party Providers to understand their applicability in respect of the above.
Please ensure that all Authorized Users are bound by the Platform Terms, and you shall be solely responsible for any and all acts or omissions by the Authorized Users. It is clarified that, any reference to ‘you’ under the Platform Terms shall mean and include all your Authorized User(s).
You are responsible for maintaining the confidentiality of your account . You acknowledge that except as provided herein, your account is personal to you and agree not to provide any other person with access to the Platform and to restrict access to your device to prevent any unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password (if any) or other personal information. You should take all necessary steps to ensure that the password (if any) is kept confidential and secure at all times, and if you have any reason to believe that your password (if any) has become known to anyone else, or if the password (if any) is being, or is likely to be, used in an unauthorized manner, you agree to immediately change your password (if any) or inform us of any unauthorized access to or use of your username or password (if any), so that we are able to help you stop or prevent such unauthorized access. Please ensure that the details you provide us are correct and complete and inform us immediately of any changes to the information that you provided when registering.
Please note that we reserve the right to reject or put on-hold your registration on the Platform as may be required to comply with any legal and regulatory provisions , and also reserve the right to refuse access to the Platform, terminate accounts, remove content at any time without providing any notice to you, and/or reserve the right to disable any account, feature, or identifiers, whether chosen by you or provided by us, at any time if, in our opinion, the said identifiers, or you have violated any provision of the Platform Terms.
Further, to access the Platform, create, develop and/or view User’s Content on the Platform, you will need to use a “Supported/Compatible Device” which means a personal computer, mobile phone, portable media player, or other electronic device that meets the system and compatibility requirements and on which you are authorized to operate the Platform. The Supported/Compatible Devices to access the Platform and/or avail the Services may change from time to time and, in some cases, whether a device is (or remains) a Supported/Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Supported/Compatible Devices at one time may cease to be Supported/Compatible Devices in the future. Thus, kindly make sure that the device that you use is compatible with our system/software to use the Platform and avail the Services offered therein.
B. Subscription Terms: Cohesive allows you access to the Platform through a multi-tiered paid subscription plan categorized based on the features and functionalities offered (“Subscription”). Cohesive may also offer Subscriptions at no cost (forever or for a limited period of time), at its sole discretion. Any specific terms of a Subscription purchased by you may be recorded via the Service Order (defined above) or otherwise in writing (emails included). You can purchase Subscriptions by following the instructions you encounter as you navigate through the Platform.
Certain general terms that are applicable to your purchase of Subscription(s) (including any Subscription offered at no cost) –
C. Pricing and Payments: To ensure continued availability of the Service you have subscribed, you are required to pay all applicable fees and charges that are made to your account. You agree that you are solely responsible for payment of these fees and charges. The payments for Subscriptions are payable in full and in advance and is valid until the completion of the applicable Subscription Period or until otherwise cancelled or terminated in accordance with the terms of this Agreement.
Further, if you have authorized us specifically, then the payments for Subscriptions are automatically charged at the beginning of each billing period, unless you withdraw your authorization or submit a cancellation request to us directly through your account prior to the start of the billing period or in writing via email to the email address provided in the ‘Contact for User Support/Queries’ section in Part 1 of these Terms of Service. Payment for your Subscription will be charged upon the anniversary of its billing period. Subject to your authorization and applicable laws, you agree that Cohesive may charge any recurring service to the credit card or debit card that you provide at the time of your first purchase of the Subscription or as updated by you through your account on the Platform, provided such updation takes place prior to upcoming billing period.
Your payments to Cohesive shall be subject to applicable taxes including without limitation Goods and Service Taxes (GST) and Value Added Taxes (VAT) or other similar taxes as may be applicable in your country of residence/from where you have created your account on the Platform/ purchased the underlying Subscriptions.
If you have not completed payments for your Platform Subscriptions, we may restrict your access to the Platform until your account becomes current and paid in full. We reserve the right to pursue fees owed to us using collection methods which may include charging other payment methods on file with us and/or retaining collection agencies or legal counsel.
We reserve the right to change/revise the pricing of the Platform Subscriptions. However, any such change or revisions to the Subscription pricing will be implemented during the renewal of your Subscription.
We further reserve the right to offer custom plans and pricing (including discounts and / or special offers) in addition to what is offered on the Platform, which include offering custom billing and payment terms, that are different from our standard terms.
We use third-party payment gateways and/or aggregators to process payments applicable to the Services offered by us. Third-party payment gateway(s) made available to you may vary depending on the Subscription you choose. Similarly, we have also enabled integration of third-party payment providers to facilitate better payment options to you, which may vary depending on your territory or the Subscription you choose. Third-party payment gateways/aggregators and third-party payment providers shall collectively be referred to as “Third-Party Service Providers”.
Further, pursuant to the payment option you may choose, you may be required to enter into a separate agreement with the relevant Third-Party Service Provider. This agreement with the Third-Party Service Provider is an independent contract/agreement between you and such Third-Party Service Provider and Cohesive shall in no manner be a party to the same. Cohesive is only facilitating various payment options to you and is not offering the payment by itself in any manner.
You agree that you are solely responsible for all charges that occur through such Third-Party Service Providers and acknowledge and agree to indemnify, defend, and hold harmless Cohesive, its licensors, their affiliates, and their respective officers, directors, employees, and agents from any loss arising out of or related to the use of the Platform or any purchases made through the Platform. This obligation will survive your use of the Platform and termination of your Agreement with us. For purposes of the Platform Terms, “Loss” means all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs, and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest, and penalties). Cohesive shall not be liable to you for any claims arising out of any act or omission on the part of the Third-Party Service Provider(s) including, but not limited to, any lost, stolen, or incorrectly processed payments. Cohesive expressly disclaims any responsibility and liability for all services provided by the Third-Party Service Provider(s).
Please note that all Subscription payments are collected by Cohesive only through the Platform and not through any third parties (except Third-Party Service Provider(s)). We do not usually authorize any third party (except Third-Party Service Provider(s)) to collect monies on our behalf; however, if we have authorized any third party then such third party will have received a written authorization from Cohesive either by way of any agreement or an authorization letter. Kindly verify with such third party before you make any payments to them, alternatively, you can always check with us by writing to us at email address provided under the ‘Contact for User Support/Queries’ section below.
Further, Cohesive is solely authorized to offer discounts / offers, if any, on the Subscription prices. These discounts / offers are communicated on the Platform or via direct communication to you from Cohesive via email, SMS, phone, or such other means of communication, and can be availed only through the Platform, unless otherwise specifically communicated by Cohesive. Other than Cohesive, no person, including without limitation any third-party platform, are allowed to offer any discounts on the Subscription prices offered on the Platform. Cohesive shall not be liable for any claims arising from such unauthorized discounts / offers offered by any person (including any third-party platform), other than Cohesive.
D. Cancellation and Refund Policy: You may cancel your Subscription by writing to us at email address provided in the ‘Contact for User Support/Queries’ section in Part 1 of these Terms of Service. However, please note that the cancellation will become effective at the end of the then-current billing period; in other words, we will not renew your Subscription, but the existing Platform Subscription will continue until the end of its billing period and there shall be no refund of the fee already paid for the same, unless otherwise specifically agreed between you and Cohesive in writing. So, please read these terms and conditions carefully before subscribing to any of the Subscriptions.
When you cancel your Subscription, Cohesive may disable access to features made available to you upon your purchase of Subscription, while your account may continue to exist on the Platform.
E. Use of the Platform: Subject to and in consideration of timely payments towards the Subscription by you, and your compliance with the other terms and conditions of the Agreement, Cohesive hereby grants to you and your Authorized Users, solely during the Subscription Period, a royalty free, limited, personal, non-exclusive, non-transferable, non-sublicensable license to access and use the Services as may be set forth in these Terms of Service and other Platform Terms or applicable Service Order or otherwise agreed in writing (emails included). Cohesive Platform for your own personal, non-commercial and private use on an ‘as is’ basis in accordance with these Terms of Service and other Platform Terms.
You shall provide accurate, current and complete information required to enable your Authorized Users on the Platform in accordance with this Agreement, and to maintain the accuracy of such information during the use of the Services. You shall require Authorized Users to maintain proper password security, and for maintaining the confidentiality of your account. Without limiting any of your other responsibilities under the Agreement, you are responsible for the actions of your Authorized Users, of anybody accessing the Platform using the credentials of any Authorized User, and of any other individuals to whom you have given access to the Services.
F. Intellectual Property and License to User’s Content:
You shall remain the sole owner of any data uploaded or published or submitted by you on the Platform, including without limitation, any code, audio files, video files, any software which is owned by or licensed to you, the underlying source and object code of such software, instructions embedded in any form of digital documents and other data, information, or material made available by you on the Platform (“User’s Content”) and Cohesive does not claim any ownership over User’s Content made available by you on the Platform.
G. Control of the Platform and Services: The method and means of providing the Services shall be under the exclusive control, management, and supervision of Cohesive.
You shall retain the sole responsibility for your information technology infrastructure, including computers, servers, software, databases, electronic systems (including database management systems) and networks, whether operated directly by you or through the use of third-party services.
Upon termination or expiration of the Services, Cohesive may permanently delete or render all or parts of User’s Content unreadable. You are responsible for regular back-ups and management of User’s Content in a manner consistent with the reasonable industry standards. Cohesive has no obligation to protect User’s Content that you have chosen to store or transfer outside of Cohesive’s systems (for example, offline or on-premises storage). Cohesive shall have no liability related to any loss of User’s Content to the extent that such loss would have been avoided if you had met your obligations hereunder.
Further, you hereby represent and warrant that you have the necessary rights and full power and authority to provide Personal Information, including that of your Authorized Users (as stated under these Terms of Service) to Cohesive.
I. Publicity: Unless otherwise specifically agreed by you and Cohesive in writing (emails included), you hereby grant Cohesive the permission to use your name and logo(s) in connection with promotion of Cohesive products and services. All representations of your logo shall be exact copies of those used by you in design, color, and other details. Except as expressly set forth in this section, nothing in the Agreement gives Cohesive any right, title or interest in your logos, trademarks, service marks or trade names.
J. Deletion of Account: As a Subscriber, you may delete your account at any time by either writing to us at the email address provided under ‘Contact for User Support/Queries’ section below or by using the delete option provided within your account on the Platform (if available). If your account is deleted (regardless of the reason), you will no longer has access to your account on the Platform and your User Content may no longer be available; any deletion once processed is irrecoverable. Cohesive is not responsible for the loss of your information and/or User Content upon deletion and Cohesive shall not be liable to any party in any way for the inability to access User Content arising from any deletion. Please note that all accounts will remain active unless you explicitly ask us to delete it, and applicable Subscription payments shall continue to be deducted until cancelled by you or until your account is deleted on your request (as stated in the ‘Pricing and Payments’ section above) or otherwise terminated in accordance with the Platform Terms
K. Platform Availability: Your access to the Platform may occasionally be suspended or restricted to allow for repairs, maintenance, or due to the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. You agree that Cohesive will not be liable for any losses that may be incurred by you if for any reason all or part of the Platform is unavailable at any time or for any period for use.
L. Term and Termination:
M. Representations: You represent and warrant that (i) you own all User’s Content or have obtained all permissions, releases, rights or licenses required to engage in posting and other activities (and allow Cohesive to perform its obligations) in connection with the Services without obtaining any further releases or consents; (ii) User’s Content and other activities in connection with the Services, and Cohesive's exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy, or publicity, or other personal or proprietary right and User’s Content is not defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iii) you will use the Services only in compliance with the Platform Terms and all applicable laws and regulations.
N. Confidentiality: Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose business, technical, product or financial information or data relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information of Cohesive includes non-public information regarding features, functionality, and performance of the Services. Your Proprietary Information includes non-public personal data provided by you to Cohesive to enable the provision of the Services and that you upload to the Services (collectively, "Your Data"). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or termination of this Agreement, whichever is later, or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was rightfully in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without confidentiality restrictions by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party as evidenced by its internal files. If a Receiving Party is required by law or a governmental agency to disclose the Disclosing Party's Confidential Information, the Receiving Party must provide reasonable notice to the Disclosing Party of such required disclosure so as to permit the Disclosing Party a reasonable period of time to seek a protective order or limit the amount of Confidential Information to be disclosed.
O. Indemnity and Release: To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Cohesive, its affiliates, their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your or your Authorized Users’ use of and access to the Platform; (ii) your or your Authorized Users’ violation of any term of the Platform Terms; (iii) your or your Authorized Users’ violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that User’s Content caused damage to a third party; or (v) violation of any applicable laws. This defense and indemnification obligation will survive these Terms of Service and your use of the Cohesive Platform.
You hereby expressly release Cohesive, its affiliates and any of their respective officers, directors, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of any third-party vendors or service providers and specifically waive any claims or demands that you may have in this behalf against any of Cohesive, its affiliates and any of their respective officers, directors, employees and agents under any statute, contract or otherwise.