Terms of Service for Gearbly
Effective Date: 20/12/2024
Introduction
Welcome to Gearbly! These Terms of Service (“Terms”) govern your access to and use of our website www.gearbly.com, services, and software products (collectively referred to as “Services”). By using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not use our Services.
Gearbly is a software company based in Chennai, and we are committed to providing high-quality software solutions. This document outlines the rights, obligations, and restrictions applicable to users of our Services.
1. Acceptance of Terms
By accessing or using the Services, you confirm that you have read, understood, and agreed to these Terms. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
2. Eligibility to Use the Services
You must be at least 18 years old or the legal age of majority in your jurisdiction to use the Services. By using our Services, you represent and warrant that you meet the eligibility requirements and have the legal capacity to enter into this agreement.
3. Account Registration
To access certain features of our Services, you may be required to create an account. When creating an account, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
If you believe your account has been compromised or unauthorized activity has occurred, you must notify us immediately.
4. License to Use the Services
Gearbly grants you a non-exclusive, non-transferable, revocable license to use the Services subject to these Terms. You may only use the Services for lawful purposes and in accordance with these Terms.
You agree not to:
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services.
- Use the Services for any purpose that violates any applicable law or regulation.
- Copy, modify, distribute, sell, or lease any part of the Services without our prior written consent.
5. Subscription and Payment Terms
Some of our Services are provided on a subscription basis. By subscribing, you agree to pay the applicable fees for the subscription plan you select, as described on our website or in your order. Fees may include one-time payments, recurring payments, or usage-based charges.
Payment terms and billing cycles are outlined in the subscription agreement. You authorize us to charge your payment method for the applicable fees.
- Billing Cycle: If you select a subscription, you will be billed according to the billing cycle you choose (e.g., monthly, annually).
- Payment Methods: We accept various payment methods, including credit cards and other online payment systems. You agree to provide accurate payment information and authorize us to charge the provided payment method.
If you fail to pay any fees when due, we may suspend or terminate your access to the Services.
6. Intellectual Property
All intellectual property rights, including copyrights, trademarks, and patents related to the Services, are owned by Gearbly or its licensors. You may not use, copy, or distribute any of our intellectual property without our express written consent.
- User Content: If you submit, upload, or share any content through our Services (such as feedback, suggestions, or other materials), you grant Gearbly a worldwide, royalty-free, irrevocable, and transferable license to use, copy, modify, display, and distribute that content for the purposes of providing and improving our Services.
7. Restrictions on Use
You agree not to use the Services to:
- Violate any applicable local, state, national, or international law or regulation.
- Infringe upon or violate the intellectual property rights or other rights of any third party.
- Upload, transmit, or distribute any harmful code, such as viruses, malware, or ransomware.
- Engage in any activity that could damage, disable, overburden, or impair the functioning of the Services.
- Interfere with any other user’s access or enjoyment of the Services.
8. Privacy and Data Collection
Our Privacy Policy governs the collection, use, and sharing of your personal information. By using the Services, you consent to the collection and use of your personal data as described in the Privacy Policy.
We may collect data to provide you with customized services, process payments, and improve the user experience. You agree to provide accurate and complete information when prompted and to update such information as necessary.
9. Term and Termination
These Terms are effective as of the date you first access the Services and remain in effect until terminated by either party. You may terminate these Terms by closing your account with us and ceasing to use the Services.
We reserve the right to suspend or terminate your access to the Services if we believe that you have violated these Terms, engaged in fraudulent activity, or otherwise misused the Services. Upon termination, you must immediately cease using the Services and delete any related software or materials.
10. Disclaimers and Limitations of Liability
- No Warranty: The Services are provided “as is” and “as available,” without any warranty or guarantee of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Limitation of Liability: To the fullest extent permitted by law, Gearbly and its affiliates, officers, directors, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising from your use or inability to use the Services, including but not limited to loss of data, profits, or business opportunities, even if we have been advised of the possibility of such damages.
In no event shall our total liability to you for any claim arising out of or related to these Terms exceed the amount paid by you to Gearbly for the Services in the six (6) months prior to the event giving rise to the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless Gearbly, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:
- Your use of the Services.
- Your violation of these Terms.
- Any content you submit or transmit through the Services.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
- Arbitration: Any dispute or claim arising out of or in connection with these Terms shall be resolved by binding arbitration in Chennai, India. The arbitration will be conducted under the rules of the Indian Arbitration and Conciliation Act, 1996.
- Jurisdiction: Notwithstanding the above, Gearbly may seek injunctive or equitable relief in any court of competent jurisdiction to prevent unauthorized use of its intellectual property or breach of these Terms.
13. Changes to These Terms
We may update these Terms at any time by posting the revised Terms on our website and updating the “Effective Date” at the top. We will notify you of any material changes via email or through a notice on the website. By continuing to use the Services after the changes take effect, you agree to be bound by the revised Terms.
14. Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, the remaining provisions will remain in full force and effect.
15. Waiver
No waiver of any provision of these Terms shall be deemed a waiver of any other provision, nor shall any waiver constitute a continuing waiver of the same provision. Any failure by Gearbly to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
16. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gearbly regarding your use of the Services and supersede all prior agreements or understandings, whether written or oral, relating to the subject matter of these Terms.
17. Contact Information
If you have any questions about these Terms, please contact us:
Gearbly
Email: info@gearbly.com
Phone: +91 90252 99022
Address: No.1/284, Mariamman join street, Pammadhukulam ,Redhills, Chennai-600052