Terms and conditions

Welcome to the Solidarisoft Innovations private limited, Inc. (“Solidarisoft Innovations private limited”, “us” “we” or “our”) website. Please read these Terms of Service (the “Terms”) carefully because they govern your use of our websites including, figotion.com, chartsfordesigns.com and any other websites that we may later own or operate (each, a “Site,” and collectively, the “Sites”); our mobile and desktop applications (“Apps”), our application program interfaces (“APIs”), our software development kits (“SDKs”) and our collaboration tools and other products and services we may later own or operate (collectively, with the Sites, Apps, APIs, and SDKs, the “Services”). Figotion.com is one of the Services we provide, but Resources, which maybe created by users, are not part of the Services we provide and are instead governed by your terms with the respective resources creator.

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, THESE TERMS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION.

1. Agreement to these Terms

By using the Services, you agree to be bound by these Terms. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

2. Changes to the Terms or Services

We may modify the Terms at any time, at our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. If you continue to use the Services, including by keeping your files, projects and data on the Services, after such a change, you are indicating that you agree to the modified Terms. We may also change or discontinue all or any part of the Services, at any time and without notice or liability, at our sole discretion.

3. Service Terms

3.1. Who may use the Services. You may only use the Services if you are old enough to consent (by yourself and not by a parent or guardian) to share your data under applicable law. If you are using Solidarisoft Innovations private limited Services, you must be at least 18 years or older.

3.2. Use Restrictions. Except as otherwise expressly authorized in these Terms, you will not, and will ensure your employees, contractors, and other persons associated with your Solidarisoft Innovations private limited account (“Authorized Users”) do not, and will not encourage or assist third parties to: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Services (except to the extent that such a restriction is impermissible under applicable law); (ii) provide, sell, resell, transfer, sublicense, lend, distribute, rent, or otherwise allow others to access or use the Services; (iii) copy, modify, create derivative works of, or remove proprietary notices from the Services; or (iv) circumvent any technical limitations implemented by Solidarisoft Innovations private limited.

3.3. Acceptable Use Policy. You will comply with, and will ensure your Authorized Users comply with, Solidarisoft Innovations private limited’s Acceptable Use Policy available at https://figotion.com/aup

3.4. Authorized Users; Accounts. As part of the registration process, you will identify an administrative username and password for your Solidarisoft Innovations private limited account. You represent and warrant that all registration information, including with respect to the list of domains owned or controlled by you for purposes of domain capture, you provide is truthful, accurate, and complete, and that you will maintain the accuracy of such information. You are responsible and liable for maintaining control over your account, including the confidentiality of your username and password, and are solely responsible and liable for all activities that occur on or through your account and all Authorized Users’ accounts, whether authorized by you or not.

3.5. Feedback; Use Rights. We welcome feedback, comments, and suggestions (“Feedback”). As we need to be able to freely work with your Feedback to improve the Services, you hereby irrevocably transfer and assign all right, title, and interest (including all intellectual property rights, such as copyrights or trade secrets) in and to the Feedback, including any and all “moral rights” that you might have in such Feedback, and you hereby forever waive and agree never to assert any and all “moral rights” you may have in the Feedback. Solidarisoft Innovations private limited will have the right to collect and analyze data and other information relating to the access, use, and performance of the Services (“Usage Data”) and Solidarisoft Innovations private limited will be free (during and after the Term) to use Usage Data in de-identified or identified and aggregated form to maintain, improve, and enhance Solidarisoft Innovations private limited’s products and services. Examples of Usage Data include, but are not limited to: (i) technical logs; (ii) metadata; (iii) telemetry data; and (iv) usage information about Customer Content, including access frequency metrics. For the avoidance of doubt, while Usage Data may incorporate Customer Content, all intellectual property rights in the content created by users through our Services shall remain vested in the respective users.

3.6. Reservation of Rights. As between the parties, Solidarisoft Innovations private limited owns all right, title, and interest in the Services, and you own all right, title, and interest in any application(s) and/or material(s) that are developed by you on the Services or uploaded to the Services by you (“Customer Content”). Except as expressly set forth in these Terms, each party retains all right, title, and interest in and to its intellectual property rights. All rights not expressly granted are reserved, and no license, covenant, immunity, transfer, authorization, or other right will be implied, by reason of statute, estoppel, or otherwise, under these Terms.

3.7. Patent Assertion Entities. A “Patent Assertion Entity,” sometimes referred to as a ‘non-practicing entity’ or a ‘patent troll,’ is (a) any entity that derives or seeks to derive most of its revenue from the offensive assertion of patent rights, or (b) directly or indirectly controls, is controlled by, or is under common control with an entity described in (a). If you are a Patent Assertion Entity or are acting on behalf of, or for the benefit of a Patent Assertion Entity, you will not assert, or authorize, assist, encourage, or enable any third party to assert, any claim, or pursue any actions, suits, proceedings, or demands, against Solidarisoft Innovations private limited or its affiliates that allege that the Services infringe, misappropriate, or otherwise violate any intellectual property rights (including patents). This section will survive any termination or expiration of these Terms.

4. License

4.1. License to Services. Subject to the terms and conditions of these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable license worldwide (with the exception of (i) jurisdictions that are embargoed or designated as supporting terrorist activities by the Govt. of India and (ii) jurisdictions whose laws do not permit engaging in business with Solidarisoft Innovations private limited or use of the Services) for you to access and use the Services for your internal business or personal purposes, depending on your account type. If you have a free account you may use the Services for business or personal purposes, but paid accounts are intended for business use only.

5. Charges and Payment

5.1. Pricing. Certain Services are offered under different pricing plans. Your rights and obligations with respect to certain Services will be based in part on the pricing plan you choose.

5.2. Payment Terms.

5.2.1. Subscriptions. When you purchase our Services (each such purchase, a “Subscription”), you expressly authorize us or our third-party payment processor to charge you for such Services. For clarity, Subscriptions specifically exclude any transactions, purchases, or sales made through any current or future marketplace operated by or affiliated with Solidarisoft Innovations private limited.

5.2.2. You represent and warrant that you have the legal right to use all payment methods that you provide to us.

5.2.3. All fees are stated and solely payable in U.S. Dollars or INR Indian Rupees (unless otherwise stated during the payment process), non-cancelable, non-refundable (except as otherwise expressly set forth in these Terms), and not subject to setoff.

5.2.4. In the event that you fail to pay the full amount owed to us, we may limit your access to the Services, in addition to any other rights or remedies we may have.

5.3. Authorization for Recurring Payments.

5.3.1. All Subscription pricing plans involve recurring fees (each, along with any applicable taxes and other charges are a “Subscription Fee”). Depending on which options you choose, those fees may recur each month, quarter or year thereafter, at the then-current rate. Please note that our fees are subject to change, although we will notify you before we effect any change.

5.3.2. By agreeing to these Terms and purchasing a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Solidarisoft Innovations private limited. We (or our third party payment processor) will automatically charge you in accordance with the term of your Subscription (e.g., each month, quarter, or year), on the calendar day corresponding to the commencement of your Subscription using the payment information you have provided.

5.3.3. In the event your Subscription begins on a day not contained in a later month, your payment method will be charged on such other day as we deem appropriate. For example, if you started a monthly Subscription on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on that date. We may also periodically authorize your payment method in anticipation of applicable fees or related charges.

5.3.4. Your Subscription continues until canceled by you or we terminate your access to or use of the Services or the Subscription in accordance with these Terms.

5.4. Canceling Subscriptions

5.4.1. You may cancel your Subscription at any time but please note that such cancellation will only be effective at the end of the then-current Subscription period. Unless required by law, you will not receive a refund of any portion of the subscription fee paid for the then current subscription period at the time of cancellation.

5.4.2. To cancel, you can either (i) email us at [email protected] and follow any instructions, if any, we provide to you in response to your cancellation request, or (ii) for some kinds of Subscriptions, initiate a cancellation through your Solidarisoft Innovations private limited account settings within the Services. You will be responsible for all Subscription Fees incurred for the then-current Subscription period. Canceling your Subscription will not terminate your Solidarisoft Innovations private limited account. See Section 10 (Termination) below for information on terminating your Solidarisoft Innovations private limited account.

5.5. Taxes. All fees do not include taxes, and you agree to: (a) pay all sales/use, gross receipts, value-added, GST, personal property, or other tax (including any interest and penalties) with respect to the transactions and payments under these Terms, other than taxes based on our income, employees, or real property; and (b) be responsible for any filing of any information or tax returns with respect thereto. If we were required to collect a tax and did not do so at the time of sale, we reserve the right to later charge you for the applicable tax.

5.6. Withholding. All payments made by you to us under these Terms exclude any deduction or withholding. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required by law, you will pay such additional amounts as are necessary so that the net amount received by us after such deduction or withholding will be equal to the full amount that we would have received if no deduction or withholding had been required. Each party will use commercially reasonable efforts to work with the other party to help obtain, reduce, or eliminate any necessary withholding, deduction, or royalty tax exemptions where applicable.

6. Confidentiality.

6.1. Confidential Information. We (the “Discloser”) have disclosed or may disclose proprietary or non-public business, technical, financial, or other information (“Confidential Information”) to you (the “Recipient”). Our Confidential Information expressly includes non-public information regarding features, functionality, and performance of the Services, including security related information.

6.2. Obligations. The Recipient will use the Discloser’s Confidential Information only for the purpose of evaluating whether or not to use (or continue to use) the Services. The Recipient will not disclose the Discloser’s Confidential Information to parties other than the Recipient’s employees, contractors, affiliates, agents, or professional advisors (“Representatives”) who need to know it and who have a legal obligation to keep it confidential. The Recipient will ensure that its Representatives are subject to no less restrictive confidentiality obligations than those herein. Notwithstanding the foregoing, the Recipient may disclose the Discloser’s Confidential Information: (a) if directed by Discloser; or (b) to the extent required by applicable legal process, provided that the Recipient uses commercially reasonable efforts to (i) promptly notify the Discloser in advance, to the extent permitted by law, and (ii) comply with the Discloser’s reasonable requests regarding its efforts to oppose the disclosure. The obligations set forth herein will survive for so long as these Terms are in effect between the parties and for five years thereafter.

7. Warranties and Disclaimers.

7.1. In the event of any loss or corruption of any data associated with a Subscription, Solidarisoft Innovations private limited will use commercially reasonable efforts to restore the lost or corrupted data from the latest relevant backup maintained by Solidarisoft Innovations private limited. EXCEPT FOR THE FOREGOING, SOLIDARISOFT INNOVATIONS PRIVATE LIMITED WILL NOT BE RESPONSIBLE FOR ANY LOSS, DESTRUCTION, ALTERATION, UNAUTHORIZED DISCLOSURE OR CORRUPTION OF ANY DATA.

7.2. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Services, and we make no guarantees around data retention or preservation. EXCEPT AS SET FORTH IN SECTION 7.1, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

7.3. NON-SOLIDARISOFT INNOVATIONS PRIVATE LIMITED RESOURCES. SOLIDARISOFT INNOVATIONS PRIVATE LIMITED DOES NOT WARRANT OR SUPPORT, AND WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY OF ANY KIND FOR, ANY COMMUNITY RESOURCES OR ANY OTHER APPLICATION(S) OR MATERIAL(S) THAT ARE DEVELOPED BY A PARTY OUTSIDE OF SOLIDARISOFT INNOVATIONS PRIVATE LIMITED’S ORGANIZATION, INCLUDING DESIGN FILES, PLUGINS, WIDGETS, COMPONENT LIBRARIES, AND CODE COMPONENTS (COLLECTIVELY, “NON-SOLIDARISOFT INNOVATIONS PRIVATE LIMITED RESOURCES”). NON-SOLIDARISOFT INNOVATIONS PRIVATE LIMITED RESOURCES ARE PROVIDED BY THIRD PARTIES, NOT SOLIDARISOFT INNOVATIONS PRIVATE LIMITED. ANY USE OF NON-SOLIDARISOFT INNOVATIONS PRIVATE LIMITED RESOURCES IS SOLELY BETWEEN YOU AND THE APPLICABLE THIRD-PARTY PROVIDER, AND SOLIDARISOFT INNOVATIONS PRIVATE LIMITED HAS NO RESPONSIBILITY OR LIABILITY FOR SUCH THIRD PARTY’S ACTIONS OR OMISSIONS.

8. Indemnity. You will indemnify and hold harmless Solidarisoft Innovations private limited and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services; (ii) your Customer Content; (iii) your violation of these Terms, or (iv) your use of Resources created by the respective user.

9. Limitations of Liability.

9.1. NEITHER SOLIDARISOFT INNOVATIONS PRIVATE LIMITED NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (“SUPPLIERS”) WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOLIDARISOFT INNOVATIONS PRIVATE LIMITED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

9.2. IN NO EVENT WILL SOLIDARISOFT INNOVATIONS PRIVATE LIMITED OR SUPPLIERS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO SOLIDARISOFT INNOVATIONS PRIVATE LIMITED IN THE PRECEDING TWELVE MONTHS FOR THE SERVICES, OR IF YOU HAVE NOT HAD ANY SUCH PAYMENT OBLIGATIONS, ONE THOUSAND INDIAN RUPEES ONLY (₹1000).

9.3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY SOLIDARISOFT INNOVATIONS PRIVATE LIMITED TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS.

10. Termination.

10.1. Solidarisoft Innovations private limited reserves the right to terminate your access to and use of the Services at any time, without prior notice or liability, at our sole discretion. In the event that Solidarisoft Innovations private limited (a) freezes your account or (b) cancels your Subscription for reasons not attributable to your breach of these Terms, you shall be entitled to a pro-rated refund of any pre-paid unused fees. However, such refund rights shall be void if, in our reasonable determination, providing such refund would be contrary to applicable law.

10.2. You may cease use of the Services at any time. If you are paying for a Subscription, you may terminate your Subscription through the process in Section 5.4. You may also cancel your Solidarisoft Innovations private limited account at any time by sending an email to [email protected].

10.3. Upon any termination, discontinuation, or cancellation of Services or your Solidarisoft Innovations private limited account, the following provisions of these Terms will survive: Service Terms, Charges and Payment (to the extent you owe any fees at the time of termination); Confidentiality; provisions related to Usage Data and Customer Content; Warranties and Disclaimers; Indemnity; Limitations of Liability; Termination; and the Miscellaneous provisions under Section 11. Furthermore, we may remove or delete your Customer Content within a reasonable period of time after the termination or cancellation of Services or your Solidarisoft Innovations private limited account.

11. Miscellaneous.

11.1. Accessing Apps and Plugins. The terms set forth on Exhibit A apply to any App accessed through or downloaded from any app store or distribution platform (like the Google Play or Figma Community) where the App or Plugin may now or in the future be made available (each an "App Provider"). For the avoidance of doubt, Apps do not include any Non-Solidarisoft Innovations private limited Resources such as Community Resources.

11.2. Privacy Policy. Our Privacy Policy (https://figotion.com/privacy) governs how we collect, use and disclose information from the Services.

11.3. Reviews and Comments. Should you write any reviews or provide any public comments on Solidarisoft Innovations private limited and its services, you grant Solidarisoft Innovations private limited a non-exclusive, royalty free, worldwide (except to the extent prohibited by applicable law), transferable license to use that content for any use reasonably related to Solidarisoft Innovations private limited, and to permit others to do so.

11.4. Force Majeure. Solidarisoft Innovations private limited will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond its reasonable control, so long as it uses commercially reasonable efforts to avoid or remove those causes of non-performance.  If Solidarisoft Innovations private limited believes in good faith that it is legally prohibited from providing you or your Authorized Users with the Services, we may freeze your account and/or cancel your subscription at Solidarisoft Innovations private limited’s sole discretion.

11.5. Notices. Any notices or other communications provided by Solidarisoft Innovations private limited under these Terms, including those regarding modifications to these Terms, will be given by Solidarisoft Innovations private limited: (i) via e-mail; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

11.6. Severability. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision hereof and it is the intent and agreement of the parties that these Terms will be deemed amended by modifying such provision to the extent necessary to render it valid, legal, and enforceable while preserving its intent or, if such modification is not possible, by substituting another provision that is legal and enforceable and that achieves the same objective.

11.7. Groups. Certain features of the Services may allow you to participate in teams, groups or organizations (each a “Group”). In those situations, the administrator, owner, or equivalent of the Group (“Admin”) is responsible for the compliance of these Terms by each other member of the Group, payment of the Subscription Fee (if applicable), and all matters related to the Group. For clarity, each member of the Group is still responsible for their own compliance with these Terms.

11.8. Assignment. These Terms (and your access to any of the Services) are not assignable or transferable by you without our prior written consent. Any purported assignment in violation of this section is null and void.

11.9. Service Providers. For the avoidance of doubt, Solidarisoft Innovations private limited may engage third parties as service providers to the Services (for example, as of the date of these Terms, Solidarisoft Innovations private limited hosts the Services on Vercel).

11.10. No Partnership. No agency, partnership, joint venture, or employment is created as a result of these Terms, and neither party has any authority of any kind to bind the other party in any respect whatsoever.

11.11. Governing Law. These Terms will be governed by the laws of the State of Tamil Nadu, India without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

11.12. Dispute Resolution for Individuals

You and we both agree to resolve disputes related to your use of the Services or these Terms (each, a “Claim”) in binding arbitration instead of court, except that either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.

What is arbitration?

Arbitration does not involve a judge or jury. Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute and makes a decision that is finally binding on both parties. The arbitrator can award the same relief as a court could, including monetary damages. While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court.

Can a Claim be part of a class action or similar proceeding?

NO. YOU AGREE TO RESOLVE YOUR CLAIMS WITH US SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION. WE AGREE TO DO THE SAME, WHETHER OR NOT YOU OPT OUT OF ARBITRATION. ACCORDINGLY, UNLESS YOU OPT OUT OF ARBITRATION, YOU AND WE BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR MEMBER IN ANY CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION.

How do I start an arbitration proceeding?

To begin an arbitration proceeding against us, send a letter requesting arbitration and describing your Claim to Solidarisoft Innovations Private limited, Plot no.9, Kamatchi Amman nagar extn, Mangadu, Chennai, Tamil Nadu, India, 600122. If we request arbitration against you we will give you notice at the email address or street address you provided.

DISPUTE RESOLUTION IN THE ABSENCE OF ARBITRATION

The sole jurisdiction and venue for any Claims that are not handled by arbitration will be the state courts located in Chennai, Tamil Nadu, India, and both parties consent to the jurisdiction of such courts. BY ENTERING INTO THESE TERMS, YOU AND SOLIDARISOFT INNOVATIONS PRIVATE LIMITED ARE EACH WAIVING THE RIGHT TO TRIAL OR SIMILAR PROCEEDINGS IN ANY OTHER COURT.

11.13. Dispute Resolution for Entities. If you are accessing and using the Services on behalf of a company or other legal entity, any claim, cause of action, or dispute between such entity and Solidarisoft Innovations private limited arising out of or relating to these Terms or the Services shall be resolved exclusively in accordance with the process set forth in Section 11, with the following exceptions to the extent legally permitted:

(1) Each party shall be responsible for their own filing, administrative, arbitrative, and similar fees;

(2) Neither party shall be liable for the other party's costs and attorney's fees, except as required by applicable law; and

(3) The Arbitration Rules in effect at the time of arbitration shall govern any arbitration proceedings between the parties.

11.14. Interpretation. Whenever the words “including,” “include,” “includes” or "such as" are used herein, they will be deemed to be followed by the phrase “without limitation.”

11.15. Beta Features and Free Trials. Product features clearly identified as Preview, Alpha or Beta features as well as any features, products, or services provided on a free trial basis (collectively “Early Access Features”) made available by Solidarisoft Innovations private limited are provided to you for testing and evaluation purposes only. Solidarisoft Innovations private limited does not make any commitment to provide Preview, Alpha or Beta features in any future versions of the Services. Solidarisoft Innovations private limited may immediately and without notice remove Preview, Alpha or Beta features for any reason without liability to you. Any features, products, or services provided on a free trial basis will be free of charge until the earlier of (a) the end of the evaluation period set forth by Solidarisoft Innovations private limited, or (b) the start date of any purchased subscriptions you order for the feature, product, or service being evaluated under the trial, or (c) termination by Solidarisoft Innovations private limited in its sole discretion. You are not obligated to use Early Access Features.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS, ALL EARLY ACCESS FEATURES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITHOUT ANY PERFORMANCE OBLIGATIONS. ANY DATA CUSTOMER ENTERS INTO THE SOLIDARISOFT INNOVATIONS PRIVATE LIMITED PLATFORM DURING A FREE TRIAL MAY BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SOLIDARISOFT INNOVATIONS PRIVATE LIMITED PLATFORM TRIALED, PURCHASES A SUBSCRIPTION TO THE SOLIDARISOFT INNOVATIONS PRIVATE LIMITED PLATFORM THAT IS AN UPGRADE TO THE SUBSCRIPTION TRIALED, BEFORE THE END OF THE TRIAL PERIOD.

11.16. Government Use

If you are an Indian government agency or any other Indian governmental entity, or if your use of the Services is for an Indian government project, the following terms apply:

1. Use by or for the Indian Government

The Services and related documentation are provided as "Commercial Off-the-Shelf Software (COTS)" and associated "Commercial Services", in accordance with applicable Indian laws and regulations, including but not limited to:

• The Information Technology Act, 2000, and its amendments.

• The General Financial Rules (GFR), 2017, governing procurement of goods and services by government entities.

• The Public Procurement (Preference to Make in India) Order, 2017, where applicable.

The Services and related documentation are made available to the Indian Government and other governmental entities subject to these Terms, and with only those rights to use, modify, reproduce, release, perform, display, or disclose the software and related documentation as expressly provided herein.

b. Waived Terms and Enforceability

The sections in these Terms titled “Governing Law,” “Dispute Resolution,” “Indemnity,” and any other terms that are inconsistent with applicable Indian laws governing government entities are hereby waived to the extent necessary to comply with such laws.

If any provision or term herein is prohibited or unenforceable under applicable Indian law, such provision shall be deemed modified only to the extent reasonably necessary to bring it into compliance, while retaining the original intent to the maximum extent legally permissible.

c. Severability and Enforceability of Remaining Terms

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, such invalidity shall not affect the validity or enforceability of the remaining provisions. The rest of the Terms shall continue to be fully enforceable, except where such enforcement would contradict applicable Indian laws.

11.17. Entire Terms. These Terms supersedes all other agreements between the parties relating to its subject matter. The parties expressly agree that any different or additional terms set forth in any purchase order, vendor portal, code of conduct, or other similar documentation provided by you will not apply between the parties even if signed, acknowledged or accepted by Solidarisoft Innovations private limited, unless Solidarisoft Innovations private limited specifically references this clause and waives its rights.

Exhibit A - App and Plugin Terms

1. You acknowledge and agree that:These Terms are concluded between you and Solidarisoft Innovations private limited, and not with the App Provider, and Solidarisoft Innovations private limited (not the App Provider), is solely responsible for the App.

2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.

3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Solidarisoft Innovations private limited.

4. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

5. In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Solidarisoft Innovations private limited will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

6. The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.

7. You represent and warrant that (i) you are not located in a country that is subject to an Indian Government embargo, or that has been designated by the Indian Government as a restricted or prohibited territory; and (ii) you are not listed on any Indian Government list of prohibited or restricted parties, including but not limited to lists maintained by the Ministry of Home Affairs, Ministry of External Affairs, or any other relevant Indian authority.

8. You must also comply with all applicable third party terms of service when using the App.