Terms of Service

These Terms of Service ("Terms") govern your access to and use of the AwardsFlow platform, websites, and related services (collectively, the "Service"). AwardsFlow is a product owned and operated by Learning Everest Private Limited (CIN: U74999PN2020PTC193366), a company incorporated under the laws of India with its registered office at Office 1022, 10th Floor, Gera's Imperium Rise, Hinjawadi Phase 2, Pune 411057, Maharashtra, India ("AwardsFlow", "Company", "we", "us", or "our").

By registering for, accessing, or using the Service, you ("Customer", "you", or "your") agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

1. Definitions

"Account" means the account you create to access the Service. "Customer Data" means data, content, and materials you or your Authorized Users submit to the Service. "Subscription" means a paid plan for the Service. "Authorized Users" means individuals you permit to use the Service under your Account.

2. The Service and Licence

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Service for your internal business purposes during your Subscription term. All rights not expressly granted are reserved by the Company and its licensors.

3. Eligibility and Accounts

You must be at least 18 years of age and capable of forming a binding contract. You are responsible for all activity under your Account, for maintaining the confidentiality of your credentials, and for your Authorized Users' compliance with these Terms. You must provide and maintain accurate registration information.

4. Free Trial, Fees, and No-Refund Policy

We may offer a free trial that provides full access to evaluate the Service before any payment is due. Because a complete, no-obligation free trial is made available, all fees are strictly non-refundable. Once a Subscription is purchased or renewed, all payments are final, and we do not provide refunds, credits, or pro-rated adjustments for partial billing periods, unused Service, downgrades, dissatisfaction, or termination, except where a refund is expressly required by applicable law. You authorize us and our payment processors to charge the applicable fees using your selected payment method. Fees are exclusive of taxes, duties, and levies, for which you are solely responsible.

5. Acceptable Use

You agree not to: (a) use the Service unlawfully or in breach of any applicable regulation; (b) upload or transmit content that is unlawful, infringing, defamatory, obscene, or harmful; (c) attempt to gain unauthorized access to, disrupt, interfere with, reverse-engineer, decompile, or probe the Service or its infrastructure; (d) resell, sublicense, or provide the Service to third parties except as expressly permitted; (e) introduce malware or malicious code; or (f) use the Service to send unsolicited or unlawful communications. We may investigate and suspend or terminate access for any suspected breach.

6. Customer Data

As between the parties, you retain ownership of your Customer Data. You grant us a worldwide, royalty-free licence to host, store, process, and transmit Customer Data solely to provide, secure, and improve the Service and as described in our Privacy Policy. You represent and warrant that you have all rights, permissions, and consents necessary for your Customer Data and its processing, and you are solely responsible for its accuracy, legality, and content.

7. Intellectual Property

The Service, including all software, source code, design, text, graphics, trademarks, and know-how, is and shall remain the exclusive property of the Company and its licensors. "AwardsFlow", "Learning Everest", and associated names and logos are marks of the Company and may not be used without our prior written consent. Any feedback or suggestions you provide may be used by us freely, without restriction, attribution, or compensation.

8. Third-Party Services

The Service integrates third-party services, including payment gateways, email providers, and infrastructure providers listed on our Sub-processors page. We are not responsible for third-party services, and your use of them may be subject to their own terms and policies.

9. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties or conditions of any kind, whether express, implied, or statutory, including any implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, or that the Service will be uninterrupted, timely, error-free, or secure. You assume all risk arising from your use of the Service.

10. Limitation of Liability

To the maximum extent permitted by law, in no event shall the Company, its holding, subsidiary, or affiliated entities, or any of their respective directors, officers, employees, associates, consultants, contractors, agents, partners, or licensors (collectively, the "Protected Parties") be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business, or anticipated savings, arising out of or relating to the Service or these Terms, whether based on contract, tort, negligence, strict liability, or otherwise, even if advised of the possibility of such damages. The total aggregate liability of the Protected Parties for all claims arising out of or relating to the Service or these Terms shall not exceed the total fees actually paid by you to us for the Service during the three (3) months immediately preceding the event giving rise to the claim. These limitations apply to the fullest extent permitted by law and regardless of the theory of liability.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Protected Parties from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or related to (a) your Customer Data; (b) your use of the Service; (c) your breach of these Terms; or (d) your violation of any applicable law or any third-party right.

12. Term, Suspension, and Termination

These Terms remain in effect while you access or use the Service. We may suspend or terminate your access immediately, without liability, if you breach these Terms, fail to pay fees when due, or where required by law or to protect the Service, the Protected Parties, or other users. You may stop using the Service at any time. Upon termination, your right to use the Service ceases immediately; provisions that by their nature should survive (including Sections 4, 6, 7, 9, 10, 11, and 14) shall survive termination.

13. Changes to the Service and these Terms

We may modify, suspend, or discontinue any part of the Service, and we may amend these Terms, at any time. Material changes will be notified through the Service or by email. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

14. Governing Law and Exclusive Jurisdiction

These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict-of-law principles. The parties irrevocably agree that the competent courts at Pimpri-Chinchwad and Pune, Maharashtra, India shall have exclusive jurisdiction over any dispute, claim, or proceeding arising out of or in connection with these Terms or the Service, and no other courts shall have jurisdiction.

15. Force Majeure

We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, government or regulatory action, strikes, network, hosting, or utility failures, or third-party service outages.

16. General

These Terms, together with the Privacy Policy and any applicable order or Data Processing Agreement, constitute the entire agreement between the parties regarding the Service and supersede all prior understandings. If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force. Our failure to enforce any right is not a waiver of that right. You may not assign or transfer these Terms without our prior written consent; we may assign them freely, including in connection with a merger, acquisition, or sale of assets.

17. Contact

Learning Everest Private Limited, Office 1022, 10th Floor, Gera's Imperium Rise, Hinjawadi Phase 2, Pune 411057, Maharashtra, India. CIN: U74999PN2020PTC193366.