Terms of Service

Last updated: February 2025

1. Agreement and acceptance

These Terms of Service ("Terms") are a binding agreement between you ("you," "User") and Werbens Business Private Limited ("Company," "we," "us," "our"). By accessing or using the Werbens website, platform, APIs, or any related services (collectively, the "Service"), you agree to be bound by these Terms. If you do not agree, you may not use the Service.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts. By using the Service, you represent that you meet these requirements and that all information you provide is accurate. The Company reserves the right to refuse service to anyone at its sole discretion.

3. Account and use

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must use the Service only in compliance with these Terms and all applicable laws. You may not use the Service for any illegal, harmful, or fraudulent purpose, or to violate any third-party rights. The Company is not responsible for any loss or damage arising from unauthorized use of your account.

4. User content and conduct

You retain ownership of content you submit through the Service ("User Content"). You grant the Company a limited, non-exclusive, royalty-free license to use, process, store, and display User Content solely to provide and improve the Service. You are solely responsible for User Content and for ensuring it does not infringe any rights or violate any law. We do not endorse, guarantee, or assume liability for any User Content. We may remove or refuse to display User Content at our discretion and are not liable for any such removal or refusal.

5. Intellectual property

The Service, including software, design, text, graphics, and other materials (excluding User Content), is owned by or licensed to Werbens Business Private Limited. You may not copy, modify, distribute, or create derivative works without our prior written consent. Third-party trademarks and content remain the property of their respective owners. We do not grant you any rights in third-party materials.

6. Third-party services and integrations

The Service may integrate with or link to third-party platforms (e.g. social media, APIs). Your use of those services is subject to their terms and policies. We do not control and are not responsible for third-party services, their availability, or their actions. Any connection or data shared with third parties is at your own risk. Werbens Business Private Limited disclaims all liability arising from third-party services.

7. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WERBENS BUSINESS PRIVATE LIMITED DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WERBENS BUSINESS PRIVATE LIMITED, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED INDIAN RUPEES (INR 100). Some jurisdictions do not allow certain limitations; in such cases, our liability will be limited to the maximum permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Werbens Business Private Limited, its directors, officers, employees, affiliates, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms or any law; (d) your violation of any third-party rights; or (e) any dispute between you and a third party. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense.

10. Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice. You may stop using the Service at any time. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive (including disclaimers, limitation of liability, indemnification, and governing law) will survive termination.

11. Governing law and disputes

These Terms are governed by the laws of India, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in India. You waive any objection to such jurisdiction and venue.

12. Changes to terms

We may modify these Terms at any time. We will post the updated Terms on the Service and update the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service.

13. General

Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect. Entire agreement: These Terms, together with our Privacy Policy and any other policies we reference, constitute the entire agreement between you and Werbens Business Private Limited regarding the Service. No waiver: Our failure to enforce any right or provision is not a waiver of that right or provision. Assignment: You may not assign these Terms; we may assign them without restriction.

14. Contact

For questions about these Terms, contact Werbens Business Private Limited at the contact details provided on the Werbens website or in the Service.