Introduction
The following terms and conditions (“Terms”) govern your access to and use of the website available at https://techserv.ai and any associated pages, content, features or services accessible via this website (collectively, the “Site”).
In these Terms, the expressions below shall have the following meanings:
- “User”, “you” or “your” means any person who accesses, browses, uses or interacts with the Site, whether on their own behalf or on behalf of an organization.
- “TechServ”, “we”, “us” or “our” means the entity that owns and operates the Site and any of its group entities, affiliates or permitted assigns.
- “Content” means any and all information, text, graphics, logos, icons, images, audio or video clips, code, software, data compilations, documents, and other material made available on or through the Site.
By accessing or using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms, as amended from time to time. If you do not agree to these Terms, you must not access or use the Site.
1. Changes To Terms And Site
TechServ reserves the right, at its sole discretion, to modify, update or replace any part of these Terms at any time without prior notice.
The most current version of the Terms will be posted on the Site and will indicate the “Last Updated” date. Your continued use of the Site after any changes are posted constitutes your acceptance of those changes.
TechServ may, at any time and without notice, change, suspend or discontinue any aspect or feature of the Site, including the availability of any Content, tools or services.
2. Eligibility And Scope Of Use
The Site is intended for business and professional users (such as enterprise customers, channel partners, and similar stakeholders) and is not directed at individual consumers for personal, family or household purposes.
By using the Site, you represent and warrant that you have the legal capacity under applicable law to enter into a binding agreement, and where you are using the Site on behalf of an organization, that you are duly authorized to accept these Terms on its behalf.
Commercial Agreement Prevalence:
These Terms govern your use of the Site only. Any separate commercial agreement, subscription terms, master services agreement or other contract executed between you and TechServ for products or services will prevail over these Terms to the extent of any inconsistency.
3. Access, Accounts And Security
TechServ may, in its discretion, make certain areas or features of the Site accessible only to registered users or authorized partners. Where registration is required, you must provide accurate, current and complete information and keep such information up to date.
You are responsible for maintaining the confidentiality and security of any login credentials, API keys or authentication mechanisms associated with your access to the Site and for all activities that occur under your account.
You must promptly notify TechServ of any actual or suspected unauthorized use of your account, compromise of your credentials, or any other breach of security. TechServ shall not be liable for any loss or damage arising from your failure to comply with these obligations.
4. Permitted And Prohibited Use
You may use the Site and Content solely for lawful purposes and in accordance with these Terms, for evaluating or engaging with TechServ’s offerings, solutions and thought leadership.
You agree that you will not, directly or indirectly:
- ✓Use the Site or Content in any manner that violates any applicable law, regulation or third-party rights.
- ✓Copy, reproduce, modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Site or any underlying software, except to the limited extent permitted by mandatory applicable law.
- ✓Circumvent, disable or otherwise interfere with any security-related features or technical restrictions of the Site.
- ✓Use any robot, spider, scraper, crawler, data mining tools, scripts or other automated means to access, monitor or copy any portion of the Site without TechServ’s prior written consent.
- ✓Introduce any malware, viruses, Trojan horses, worms, logic bombs or other harmful or disruptive code to or through the Site.
- ✓Impersonate any person or entity, misrepresent your affiliation with any person or entity, or otherwise engage in fraudulent, misleading or deceptive conduct in connection with the Site.
5. Intellectual Property Rights
All rights, title and interest in and to the Site and Content, including but not limited to software, source code, interfaces, design, layout, text, graphics, logos, icons, images, audio, video, data compilations, and all related intellectual property rights, are and shall remain the exclusive property of TechServ and/or its licensors.
Except as expressly permitted by these Terms or by TechServ in writing, no Content or portion of the Site may be copied, reproduced, modified, adapted, translated, republished, uploaded, posted, transmitted, publicly displayed, publicly performed, encoded, stored, sold, licensed or otherwise distributed in any form or by any means.
All trademarks, service marks, logos, trade names and other brand features displayed on the Site are the property of TechServ or their respective owners. Nothing on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any such marks without the prior written permission of TechServ or the relevant owner.
6. User Content And Feedback
The Site may permit you to submit, upload or otherwise provide certain information, content, suggestions, ideas, feedback or other materials to TechServ (collectively, “User Content”), including through contact forms, demo requests, or other interaction points.
You represent and warrant that you have all necessary rights in and to any User Content that you provide and that such User Content does not infringe any intellectual property, privacy, confidentiality or other rights of any third party and is not unlawful, offensive, defamatory or otherwise objectionable.
License Grant to TechServ:
By providing any User Content, you grant TechServ a worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable license to use, reproduce, distribute, display, perform, modify, adapt, create derivative works from and otherwise exploit such User Content for the purposes of operating, improving and promoting the Site and TechServ’s business, in compliance with applicable privacy laws.
TechServ shall have no obligation to maintain the confidentiality of any User Content, except to the extent such information is expressly identified as confidential by you and is accepted as such by TechServ in writing or is otherwise protected under a separate non-disclosure agreement.
7. AI And Automation-Related Disclaimers
The Site may describe or provide access to AI-driven tools, models, analytics, automations or decision-support features designed to assist with IT sales, marketing, opportunity qualification, pricing, proposal creation or other workflows (collectively, “AI Features”).
Any outputs, recommendations, scores, insights or other results generated by AI Features are produced algorithmically based on data, parameters and context and may be incomplete, inaccurate or unsuitable for your specific use case.
Decision-Support Only Notice:
Such outputs are intended as decision-support only and are not a substitute for your own professional judgment, due diligence or independent verification. TechServ does not provide legal, financial, investment, accounting, tax, regulatory or other professional advice via the Site or AI Features, and nothing on the Site should be construed as such. You should consult your own qualified advisers before relying on any information or output for decision-making.You remain solely responsible for how you interpret and use any AI-generated output and for all decisions and actions taken (or not taken) in reliance on such output.
8. No Warranty
The Site and all Content (including any descriptions of AI Features, case studies, metrics, whitepapers, blogs or marketing materials) are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express, implied or statutory.
To the maximum extent permitted by applicable law, TechServ expressly disclaims all warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, timeliness, quality, suitability and availability.
Without limiting the foregoing, TechServ does not warrant that:
- The Site will meet your requirements or expectations.
- The Site will be uninterrupted, timely, secure, error-free or free from vulnerabilities or harmful components.
- Any results, information or outputs obtained from the Site will be accurate, reliable or suitable for any particular purpose.
9. Limitation Of Liability
To the maximum extent permitted by applicable law, in no event shall TechServ or its directors, officers, employees, agents, contractors, licensors, partners or affiliates be liable for any indirect, incidental, consequential, special, exemplary or punitive damages, or for any loss of profits, revenue, data, business, goodwill or anticipated savings, whether in contract, tort (including negligence), strict liability or otherwise, arising out of or in connection with your use of, or inability to use, the Site or any Content.
To the maximum extent permitted by applicable law, TechServ’s aggregate liability for all claims arising out of or in connection with the Site and these Terms, regardless of the form of action, shall not exceed the amount (if any) actually paid by you to TechServ for access to the Site during the twelve (12) months immediately preceding the event giving rise to such claim.
The limitations and exclusions in this section shall apply even if an exclusive remedy fails of its essential purpose and regardless of whether TechServ has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such cases, the limitations shall apply to the fullest extent permitted by law.
10. Indemnity
You agree to indemnify, defend and hold harmless TechServ and its directors, officers, employees, agents, contractors, licensors, partners and affiliates from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
- Your access to or use of the Site or Content.
- Your violation of these Terms or any applicable law.
- Your infringement or alleged infringement of any intellectual property, privacy or other rights of any third party.
- Any User Content submitted or provided by you.
TechServ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with TechServ in asserting any available defenses.
11. Information Accuracy And Reliance
The information and Content on the Site may include forward-looking statements, illustrative metrics, performance indicators, industry commentary or case studies that are provided for general informational purposes only and may not reflect current conditions or results.
While TechServ endeavors to ensure that information on the Site is obtained from sources believed to be reliable and is updated periodically, TechServ does not warrant the accuracy, completeness or adequacy of any information or Content and expressly disclaims any liability for errors or omissions.
Any reliance you place on information or Content made available on the Site is strictly at your own risk.
12. Third-Party Sites, Services And Content
The Site may contain links or references to third-party websites, platforms, tools, resources, content or services (“Third-Party Services”) that are not owned, controlled or operated by TechServ.
Any such links or references are provided solely for convenience and informational purposes and do not constitute or imply any endorsement, sponsorship, recommendation or responsibility by TechServ with respect to such Third-Party Services or their operators.
TechServ is not responsible for the availability, security, content, accuracy, policies or practices of any Third-Party Services and shall have no liability for any loss or damage arising out of or relating to your access to or use of any Third-Party Services. Your use of Third-Party Services is subject to the terms and conditions and privacy policies applicable to such services.
13. Data Privacy And Cookies
TechServ’s collection, use, disclosure and processing of any personal data in connection with the Site is governed by its Privacy Policy, as may be amended from time to time and made available on the Site.
By using the Site, you acknowledge that you have read and understood the Privacy Policy and consent to the processing of your personal data in accordance with it and applicable data protection laws.
The Site may use cookies, web beacons and similar technologies to collect certain information about your device and usage patterns for purposes including functionality, analytics and improvement of the Site. Your browser settings may allow you to refuse or delete cookies, but this may affect certain functionalities of the Site.
14. Suspension And Termination Of Access
TechServ may, in its sole discretion and without prior notice, suspend, restrict or terminate your access to all or any part of the Site at any time, including where TechServ believes that you have violated these Terms, engaged in fraudulent or abusive activity, or posed a risk to the security, integrity or reputation of the Site or TechServ.
Upon any termination of your access, your right to use the Site will immediately cease. The provisions of these Terms that by their nature are intended to survive termination (including, without limitation, provisions relating to intellectual property, AI and automation-related disclaimers, no warranty, limitation of liability, indemnity, governing law and dispute resolution) shall continue in full force and effect.
15. Antifraud and communications
From time to time, you may receive emails, messages or other communications that appear to be from TechServ but are fraudulent or spoofed. You are solely responsible for verifying the authenticity of any communication purporting to originate from TechServ before acting on it or sharing any sensitive information.
TechServ shall not be liable for any loss or damage arising from phishing, spoofing, email fraud, or other fraudulent communications that are beyond its reasonable control.
16. Compliance with laws
You agree to use the Site in compliance with all applicable laws, regulations and industry-specific requirements, including those related to anti-bribery, anti-corruption, export controls, sanctions, competition, data protection and privacy.
You shall not use the Site to transmit or process any data or content whose use or transmission is prohibited under applicable law or that would cause TechServ to be in violation of any applicable law.
17. Governing Law And Dispute Resolution
These Terms and any dispute, controversy or claim arising out of or relating to these Terms, the Site or your use thereof shall be governed by and construed in accordance with the laws of India, without regard to its conflict-of-laws principles.
Jurisdiction Notice:
Subject to any mandatory dispute resolution mechanisms under applicable law, the courts having jurisdiction at Bengaluru, Karnataka shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms and your use of the Site, and you consent to the personal jurisdiction of such courts.
18. Miscellaneous
If any provision of these Terms is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
No failure or delay by TechServ in exercising any right, power or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any further exercise thereof or the exercise of any other right, power or remedy.
You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without TechServ’s prior written consent. TechServ may assign or transfer these Terms or any rights or obligations hereunder in its discretion, including to any affiliate or in connection with a merger, acquisition, corporate reorganization or sale of assets.
These Terms, together with any other policies or notices referenced herein or posted on the Site (such as the Privacy Policy), constitute the entire agreement between you and TechServ with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, communications or agreements, whether written or oral, relating to such subject matter.