Researcher Terms of Use

1. ABOUT HUMANIFY AND THE PLATFORM

   1. Humanify Technologies Pvt Ltd. is company incorporated under the Companies Act, 2013, with its registered office at A55, Nandjyot Industrial Estate, Safed Pool, Saki Naka, Andheri (E), Mumbai 400072, India and owns and operates the Platform.
   2. You may use the Platform, create a user account, to explore the services offered by the Platform in the nature of starting a Project, recruiting Respondents, running surveys and interviews, generating reports, etc. or use any other services provided by us via the Platform for the agreed upon term.

2. PERMITTED USE

   1. Users: For the purpose of these Terms and other Humanify policies referred to herein, ‘you’, ‘your’ or ‘User’ shall mean any natural or legal person who uses the Platform, including individuals that are operating your account on your behalf on the Platform.
   2. You agree that all the information you provide Humanify is true, accurate and complete. If any information provided by you is inconsistent, inaccurate, not current or incomplete, and if we have reasonable grounds to suspect that your information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms or other Humanify policies referred to herein, we reserve the right to indefinitely suspend and/or block your access to Platform at our sole discretion, without providing any reason to you and without the liability to make any payment to you.
   3. Humanify will use the Respondent Content, screeners, screener data, Projects, and project data only to provide you access, or, only internally, to improve the Platform. Humanify will not share Respondent Content, screeners, screener data, Projects, or project data with any other party for any other reason, nor tell anyone else not covered by an appropriate NDA about your access or data unless you give Humanify written permission to do so unless you use Humanify’s additional services for the Project, in which case Humanify will use the information for the purpose of the project only.

3. Confidential Information

   1. .Confidential Information means all business, technical, and financial information of a Party that it maintains as proprietary and confidential.
   2. Customer Content is your Confidential Information
   3. Respondent’s profile information, screener data and Project data entries are Humanify’s Confidential Information.
   4. .Confidential Information does not include:
      1. Information already known by the receiving Party before it was disclosed to the receiving Party;
      2. Information independently developed by one of us without use of the other Party’s Confidential Information;
      3. Information in the public domain through no wrongful act of the receiving Party; or
      4. Information received from a third party who was legally permitted to disclose it.
   5. Confidential Information is a valuable trade secret.
   6. We will keep each other’s Confidential Information in strict confidence, using at least the same degree of care that We use to protect our own Confidential Information.
   7. We will not disclose any Confidential Information to anyone outside of our organizations, other than to subcontractors, employees or representatives having a “need to know” it in connection with this Agreement and who are bound by substantially similar obligations of confidentiality for the Confidential Information received.
   8. We will not use or otherwise exploit each other’s Confidential Information except to perform or exercise our rights and obligations in this Agreement.
   9. When this Agreement ends, or at any time that We ask each other, We will return or destroy all Confidential Information within a reasonable time except as required by law, and except:
      1. We may retain one (1) copy of the requesting Party’s Confidential Information in our legal departments for legal purposes only; and
      2. Copies held on a backup system and not otherwise accessible in the normal course of business may be retained until they are destroyed pursuant to our document retention policies.
   10. If disclosure of Confidential Information is required by law, the discloser will notify the other Party in writing beforehand, in order to allow the other Party to challenge the disclosure or obtain a protective order. If one of us is required to disclose Confidential Information nonetheless, it will disclose only the Confidential Information that is legally required and provide the other Party with copies of any disclosed information, if legally permissible.
   11. Survival. This Section will survive the termination of this Agreement for two years.

4. PERSONAL DATA

   1. ‘Personal Data’ means any data about an individual who is identifiable by or in relation to such data, as defined by the EU General Data Protection Regulation (“GDPR”), Digital Personal Data Protection Act, 2023 (“PDP”), or any other applicable law or regulation.
   2. We agree that when we send each other Personal Data, the sender represents that it has obtained all required consents.
   3. Unless we agree in writing otherwise, we are independent Data Fiduciaries as defined under the PDP, or independent Data Controllers as defined under the GDPR with respect to Personal Data, including but not limited to Personal Data provided by Respondents and data collected from Respondents through the Platform, and you must comply independently with the applicable laws. Respondent data is not “transferred” to Humanify by you.
   4. Local laws may give Respondents the right to access their Personal Data or request its correction or deletion. You agree to respond to and, if required, comply with, any such requests from Respondents or from Humanify. We agree to provide prompt assistance to each other (or to Respondents) to respond to and comply with requests, queries, or complaints. Humanify may be required to share, before or after the completion of a Project, that you are the recipient of Personal Data and how you will use the Personal Data.
   5. You agree and undertake to abide by the relevant laws in all applicable jurisdictions, regarding personal data protection with respect to the data you create/collate/collect using the Platform, and any non-confirmation to any applicable laws in any jurisdiction is solely at your own risk, and Humanify does not take the responsibility in that regard.
   6. We agree to implement appropriate technical, physical, and organizational measures to protect one another’s confidential information and the Personal Data in our possession against unauthorized access, processing, loss, destruction, damage, alteration, or disclosure (“Breach”). We will notify each other promptly about any Breach. We will provide reasonable assistance to each other to investigate, mitigate and remediate any Breach.

5. PROHIBITED USE

   1. Use of the Platform is not available to persons that cannot form legally binding contracts under the laws applicable to you.
   2. While accessing the Platform, the User shall not:
      1. act in violation of applicable law;
      2. engage in activities that will cause wrongful loss or wrongful gain to any person;
      3. access the Platform in such a way that adversely affects the performance or function of the Platform or the with the ability of any other User to access the Platform;
      4. provide false or misleading information to Humanify;
      5. upload unlawful or objectionable content on the Platform;
      6. use or access the Platform information or software available in any manner not expressly permitted by Humanify; or
      7. input or upload information that contains viruses, malware, trojans, worms, time bombs, other malicious computer code or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system.
   3. If the User breaches any of the Terms and other policies in any way, Humanify may take such action as Humanify deems appropriate to deal with the breach, including suspension of access to the Platform, blocking computers using your IP address from accessing the Platform, contacting your internet service provider to request that they block your access to the Platform and/or bringing legal proceedings upon you.

6. CHARGES AND ACCOUNT INFORMATION

   1. Humanify offers a subscription-based model to the User for use of its Platform (“Subscription”), for which it will charge the User, and collect payment information from the User. The User represents and warrants that it has the legal right to use all payment method(s) represented by any such payment information. The User authorizes Humanify to provide its payment information to third parties to complete the payment toward the Subscription. By initiating a payment transaction, the User agrees to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to the User. All payments for use of the Platform are non-refundable and non-transferable except as expressly provided in these Terms.
   2. Humanify may, at its sole discretion, offer a Subscription with a free trial for a limited period of time. You may be required to enter your billing information in order to sign up for the free trial. If you enter your billing information when signing up for the free trial, you will not be charged until the free trial period has expired. On the last day of the free trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, Humanify reserves the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer.

7. YOUR ACCOUNT

   1. It is necessary for you to create a User account on the Platform if you wish to avail a Product or create your profile to explore various features of the Platform, including but not limited to using the services such as starting a Project, conducting interviews with Respondents, collecting data, generating reports, etc.
   2. The account is accessible by the unique username and password chosen by the User while signing up on the Platform. The said username and password should be kept highly confidential and should not be disclosed to any third party. You agree to accept responsibility for all activities that occur under your account and your Account password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.
   3. You shall ensure that the account information provided by you is complete, accurate and up to date. Use of another user's account information for availing the services is expressly prohibited. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate Your account and refuse any and all current or future use (or any portion thereof)
   4. Our Platform allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Platform, including its legality, reliability, and appropriateness. By posting Content to the Platform, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Platform. You retain any and all of your rights to any Content you submit, post or display on or through the Platform and you are responsible for protecting those rights. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. (iii) You grant Humanify an irrevocable, non-exclusive, royalty-free, perpetual, world-wide license to use your Content, including Respondent data, only for uses permitted in this Terms. Humanify has limited or no access to the Projects set up by you, and does not monitor or control your activities on the Platform, and hence only you, and not Humanify, can be held liable in any way for any of the issues that may arise on how you use the Platform.

8. RESPONDENTS

   1. Respondents are research respondents, regardless of source, who have accepted the Respondent Terms of Use and are subject to Respondent Privacy Notice. You are not party to those agreements. You are a third party beneficiary of the Humanify-Respondent’s Terms of Use. Respondents are neither Humanify’s agents, nor Humanify’s subcontractors, nor suppliers, nor representatives.
   2. You understand that Humanify neither checks nor controls Respondents (who may apply to Projects from different Researchers), and Humanify does not guarantee the completion or quality of their work in any way
   3. You may require Respondent’s to accept supplemental terms, but those terms cannot supersede or conflict with the Humanify Terms of Use or the Respondent Privacy Notice without Humanify’s written permission.
   4. Humanify owns the Platform, the “Respondent Profile Information” (information compiled about respondents required to administer the Platform (including, but not limited to, names, email address, postal address, a personal picture, payment, demographic, ethnographic, tracking, behavioral or other information relevant to operations, the building of Respondent profiles, Respondent’s accounts, the creation or tuning of algorithms, or selection of Respondents to research projects); and all information submitted by Respondents, whether in response to screeners or to your Projects.

9. RESPONSIBILITY TOWARDS RESPONDENTS: You agree that:

   1. You are responsible for your users’ actions on or related to the Platform and compliance with this Agreement. You are responsible for any compensation you agree to pay to any Respondent, once you have accepted that Respondent into the Project, irrespective of the quality of the responses given by the Respondent. When you ask us, we will pay Respondents on your behalf and charge you a fee
   2. Humanify may remove from the Platform any information that Humanify alone determines may threaten respondent privacy rights, others’ Intellectual Property rights, or that is unlawful, threatening, defamatory, obscene, or objectionable. We will notify you if we remove your Content

10. COMMUNICATION AND VARIATION

    1. When you use the Platform or send e-mails or transmit other data, information or communication to Humanify, you agree and understand that you are communicating through electronic records and you consent to receive communications via electronic records from Humanify, and persons authorised by Humanify, periodically, and as and when required.
    2. Humanify may communicate with you by e-mail or by postings on the Platform or by such other reasonable mode of communication, electronic or otherwise.

11. USER PRIVACY

    1. We view protection of your personal information and privacy as a very important principle. We understand clearly that you and your personal information are one of our most important assets. We store and process your information, including sensitive financial information collected, if any, that may be protected by reasonable technological security measures and procedures in accordance with applicable law.
    2. Please refer to our Privacy Policy [ https://www.humanifytechnologies.com/researcher-privacy-policy ] to know how your information is collected and handled by us.

12. OUR LICENSE TO YOU

    1. . Subject to and conditioned on your compliance with these Terms, we grant you a limited, revocable, nonexclusive, non-transferable license to access and use the Platform for the purpose of completing Projects and receiving the services available and authorised from the Platform, and to install the App solely for the purposes of accessing the Platform.
    2. If you choose to place any Respondent data in the public domain, you will coordinate with the Respondents before placing any Respondent data broadly in the public domain, and obtain their consent or give notice to the Respondent before doing so.Humanify will in no way be responsible for any public disclosure of Respondent data, as this will be in contravention of the terms of agreement between Humanify and the Respondent.
    3. We and our licensors retain all our right, title and interest in and to all patent rights, inventions, copyrights, know-how, and trade secrets relating to the Platform.
    4. Product names, company names, marks, logos and symbols on the Platform may be the trademarks of their respective owners. Except as expressly stated above, nothing in these Terms confers any license under any of our or any third party’s intellectual property rights, whether by estoppel, implication or otherwise
    5. You give Humanify approval to use your service marks or logos on its website, customer lists, and other marketing materials

13. OPEN SOURCE SOFTWARE

    1. .Some open source software may be incorporated into the Platform under a separate license, such as a free software, open source, or other license. In the event of a conflict between these Terms and any such separate license, the separate license will prevail with respect to such open source software.

14. OTHER LICENSE TERMS FOR APPLE OR IOD DEVICES

    1. The following terms apply when you use Humanify’s mobile app, Explorastory, for iOS devices (“iOS Application”). You agree that Apple Inc. (“Apple”) is not responsible in any way for the iOS Application, including without limitation for any maintenance or support for the iOS Application, and is not a party to this Agreement, which is between you and Humanify only. You and Humanify acknowledge that Apple and its subsidiaries are, however, third party beneficiaries of the Terms and will have the right to enforce the Terms against you as third-party beneficiaries. The Terms is concluded between Humanify and you only, and not Apple. Humanify, and not Apple, is solely responsible for the iOS Application and its content.
    2. Limited License: If you are using a compatible iOS-capable device, Humanify hereby grants to you a non-transferable, worldwide, non-exclusive, limited license to download, install and/or use the object code version of the iOS Application solely on that device. All rights not expressly granted in the Terms are reserved by Humanify and its licensors.

15. TERM AND TERMINATION

    1. Users may access the Website to browse without registration and choose to stop using the Platform at any time at their sole discretion.
    2. Either of the Parties may terminate this Agreement upon thirty (30) days written notice. This Agreement will continue in full force during that notice period. Either of the Parties may terminate this Agreement immediately in the event that the other Party fails to cure a breach of a material obligation within thirty (30) days from receipt of notice of such breach. Once the agreement is terminated, you will no longer be able to use / operate the Platform.
    3. Humanify will use commercially reasonable efforts to keep the Platform fully functional all the time, except during scheduled downtime (outside of Humanify’s normal working hours) or during a Force Majeure Event. Humanify will take commercially reasonable efforts to ensure that the Platform will be virus-free and to prevent the introduction of any harmful code into your system. Humanify does not provide you any guarantee on the Platform performance including the running time or the downtime.
    4. Humanify may issue a warning, or temporarily suspend, indefinitely suspend or terminate your account or participation on a Project, for any reason, including without limitation (a) for lack of use, or if we believe that you have violated or acted inconsistently with any of its Terms or policies, referred to herein; (b) if we suspect or become aware that you have provided false or misleading information to us; (c) we believe in our sole discretion that your actions may cause legal liability for you, Humanify or other Platform users or are contrary to the interests of the Platform; or (d) you breach the letter or spirit of any Researcher terms and conditions for a Project in which you participate
    5. When your account is terminated for any reason, you may no longer have access to the Platform including data, messages, files and other material you placed on Platform. That material may be deleted by Humanify. Even after this agreement is terminated, any provisions of this agreement, which by their express language or by their context are intended to survive the termination of this agreement (including without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, ownership of intellectual property and data), will survive such termination. If your account is closed due to the expiry of the term of the contract, or your account is terminated, your data, if any, and payment Information will be generally deleted within the time required by applicable law. However, we may retain your certain information even after you have deleted your account, if retention is necessary to comply with our legal obligations, to prevent fraud and abuse, to enforce our privacy policy and terms & conditions, to anonymize your data, to aggregate your data with other data, or to retain past project data and analysis.
    6. Any suspected fraudulent, abusive or illegal activity that may be grounds for immediate termination of your account/ use of the Platform, may also be referred to appropriate law enforcement authorities.
    7. You agree that any termination of your access to the Platform, under any provision of these Terms may be effected without prior notice.
    8. Humanify may, at any time and at our sole discretion, reinstate suspended Users. A User that has been suspended or blocked may not use the Platform in any manner whatsoever, until such time that such User is reinstated by us.
    9. Notwithstanding the foregoing, if you breach these Terms or the Privacy Policy or other rules and/or policies of Humanify, we reserve the right to take strict legal action including but not limited to, a referral to the appropriate police, or other authorities, and/or for initiating criminal or other proceedings against you.
    10. Further, you agree that Humanify will not be liable to you, or any third party, for any termination of your access to the Platform.

16. Links to Third Party Sites

    1. You may find links to other sites when you use the Platform. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Platform does not imply that we endorse the linked site. You use the links at your own risk and relieve us from any and all liability arising from your use of any third-party website.

17. GENERAL RULES FOR USE OF THE PLATFORM

    You agree, undertake and confirm that your use of the Platform shall strictly be governed, along with the other conditions provided for herein, by the following binding principles:

    1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
       1. belongs to another person and to which you do not have any right to;
       2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging of money laundering or gambling, or otherwise unlawful in any manner whatsoever;
       3. is misleading in any way
       4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
       5. harasses or advocates harassment of another person;
       6. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
       7. infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, privacy rights (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address or phone number) or rights of publicity);
       8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
       9. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
       10. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
       11. contains unauthorised videos, photographs, or images of another person;
       12. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personally identifying information for commercial or unlawful purposes from other Users;
       13. engages in commercial activities and/or sales without our prior express and written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items, related to the Platform;
       14. solicits gambling or engages in any gambling activity or other activity which we, in our sole discretion, construe as being illegal;
       15. interferes with another User's use and/or enjoyment of the Platform;
       16. refers to any website or URL that, in our sole discretion, contains inappropriate material for the Platform or any other Platform that contains content which is prohibited or violates the spirit of these Terms;
       17. harms minors in any way;
       18. infringes any patent, trademark, copyright or other proprietary rights or rights of publicity or privacy;
       19. deceives or misleads the Users about the origin of such messages;
       20. communicates any information which is grossly offensive or menacing in nature;
       21. impersonates another person; or
       22. violates any applicable law for the time being in force.
    2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Platform content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity
    3. You shall not probe, scan or test the vulnerability of the Platform or any network, neither connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse lookup, bypass any security device used by the Platform, trace or seek to trace any information on any other User of the Platform, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform
    4. You shall not make any denigrating or defamatory statement(s) or comment(s) about Humanify or the brand name or domain name used by Humanify , or otherwise engage in any conduct or action that might tarnish the image or reputation, of Humanify on any platform or otherwise tarnish or dilute any of Humanify ‘s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Humanify systems or networks, or any systems or networks connected to Humanify.
    5. You may not use the Platform, or any content available on the Platform, for any purpose that is unlawful or prohibited by these Terms, or under applicable law, or to solicit the performance of any illegal activity or other activity which infringes the rights of Humanify and/or others.

18. INTELLECTUAL PROPERTY RIGHTS

    1. Services Content, Software and Trademarks: You acknowledge and agree that the Platform may contain content or features ("Features") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by Humanify , you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Features. Any use of the Platform other than as specifically authorized herein is strictly prohibited. The technology and software underlying are the property of Humanify, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Humanify
    2. Humanify Name and Logo: The Humanify name and logos are trademarks and service marks of Humanify (collectively the "Humanify Trademarks"). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Humanify Trademarks displayed on the Platform, without our prior written permission in each instance. All goodwill generated from the use of Humanify Trademarks will inure to our exclusive benefit.
    3. Copyright Complaints:: Humanify respects the intellectual property of others, and we ask all our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Humanify of your infringement claim. You can write to us at hello@explorastory.com.

19. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

    1. . This Platform, all the materials and information provided, included or otherwise made available to you through this Platform, are provided without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Humanify does not warrant that:
       1. this Platform will be constantly available, or available at all; or
       2. the information on this Platform is complete, true, accurate or non-misleading, save and except what is directly provided to the User by Humanify; or
       3. The interpretations given by the AI generated tool used by the Platform is available on an as is basis. Any bias or incorrect or inappropriate analysis is not intentional and it is the sole ownership of the User to share that information with others or in the public domain. Humanify disclaims all warranties related to Ai generated analysis.
    2. Your use of the Platform is at your sole risk. The Platform is provided as an “as is” and “as available” basis. Humanify and its affiliates expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to the to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
    3. Humanify and its affiliates make no warranty that (i) the Platform will meet your requirements; (ii) us of the Platform will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Platform will be accurate or reliable, or; (iv) the quality of any information or other materials obtained by you through the Platform will meet your expectations
    4. Humanify is not liable to compensate you for any damages incurred by you as a result of using the Platform other than that which is due to our intentional misconduct or gross negligence. In any case, the total aggregate liability of Humanify arising out of or in connection with this agreement or any use of the Platform shall be limited to the total compensation paid to you by Humanify over the previous twelve (12) months prior to the date when the claim arose
    5. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Platform or with these Terms, your sole and exclusive remedy is to discontinue the use of the Platform.
    6. Except as stated herein, Humanify disclaims all warranties, including the implied warranties of merchantability and fitness for a particular purpose, whether related to the Platform, its use or any way related to Humanify.
    7. A violation or threatened violation of this Agreement or any infringement of our Intellectual Property rights may cause irreparable harm, which may not be adequately compensated by monetary damages alone. In addition to other relief, in those circumstances, preliminary and permanent injunctive relief may be sought.

20. NO AGENCY

    1. No agency, franchise, partnership, joint venture, or employee-employer relationship is intended or created by this Terms/ agreement, either between you and us or between us and any other party, including any Researcher. You acknowledge and agree that your relationship to us is that of an independent contractor and specifically not that of an employee.

21. INDEMNITY

    1. . The User shall indemnify and hold harmless Humanify, its officers, partners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, against all claims, actions, penalties, prosecutions, proceedings, losses, disputes, charges, penalties, costs and expenses including reasonable attorneys' fees, that may arise or may be incurred by Humanify as consequence of any default, breach, non-observance, non-performance or negligent act whatsoever by the User of any terms, conditions, stipulations, provisions and/or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party more particularly stated herein and/or in any individual agreements executed by Humanify and the User.
    2. You agree to release, indemnify and hold Humanify and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Platform, your violation of these Terms, or Respondent's breach of their contractual obligations towards you, or your violation of any rights of another person or User.

22. Force Majeure.

    Any delay in performance caused by conditions beyond the reasonable control of the performing party is not a breach of the Terms. The time for performance will be extended for a period equal to the duration of the conditions preventing performance.

23. WAIVER

    1. The User waives any and all rights to claims with respect to performance or misrepresentation of any information available on the Platform, and also waives his/ her right to bring any action against Humanify regarding the same, whatsoever.
    2. The failure of, or delay by, Humanify to enforce any right or provision of the Terms or other policies referred to herein, shall not constitute a waiver of such right or provision.

24. DISPUTE RESOLUTION

    1. . As a User, you agree that you are solely responsible for your interactions on the Platform. Humanify will have no liability or responsibility with respect to disputes arising between you and other Users.
    2. Any grievance / dispute arising from use of the Platform, or with inclusion of Humanify as a party (formal or otherwise), shall first be resolved amicably and in reasonable time, by writing to us at the following postal address and email address: Humanify, Technologies Pvt Ltd A55, Nandjyot Industrial Estate Safed Pool, Saki Naka, Andheri (E), Mumbai. hello@explorastory.in
    3. If the grievance/ dispute cannot be settled amicably, such dispute shall be resolved in accordance with Paragraph 21

25. GOVERNING LAW AND JURISDICTION

    1. These Terms and all other policies referred to herein, shall be governed by and construed in accordance with the laws prevailing in India.
    2. Any disputes relating to the Terms and all other policies referred to herein, be subject to the exclusive jurisdiction of courts in Mumbai, Maharashtra, India.

26. ASSIGNMENT

    1. Humanify may transfer, sub-contract or otherwise deal with its own rights and/or obligations under the Terms without notifying the User, or without obtaining the User’s consent (except as provided for under the Privacy Policy).
    2. The User may not transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms, without express written consent from Humanify.

27. HEADINGS

    The headings/titles in these Terms are for convenience only and have no legal or contractual effect. This Agreement supersedes all prior agreements between the parties regarding the subject matter contained herein.

28. SEVERABILITY

    This Terms, together with any other legal notices and agreements published via the Platform, will constitute the entire agreement between you and Humanify concerning the Platform. If a provision of these Terms, or other applicable Humanify policies, is determined by any court, competent authority or applicable law to be unlawful and/or unenforceable, that part will be deemed deleted, while all other provisions of these Terms, or other Humanify policies, will continue to remain in full force and effect.

29. SURVIVAL

    Even after this Agreement is terminated, any provisions of this Agreement, which by their express language or by their context are intended to survive the termination of this Agreement (including without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, ownership of intellectual property and data), will survive such termination.

30. CONTACT US

    1. Humanify encourages feedback and suggestions on how to improve the Platform or any offered services. We welcome any concerns that may arise with regard to your use of the Platform.
    2. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information ("Submissions"), provided by you to Humanify are non-confidential and Humanify will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
    3. Please send any questions or comments you may have regarding these Terms, other policies or generally regarding this Platform, to hello@explorastory.in