Preamble

  1. This General Terms of Service (“Terms of Service”) governs your use, access, procurement, or subscription of the website, software, mobile applications, plug-ins and effects pack, products, customer support, technological support and/or any services provided by Raghuvansh Enterprises Pty Ltd (collectively referred to as the “Service”).
  2. By using, accessing, purchasing or subscribing the Service, you agree to abide by and comply with the Terms of Service and all applicable laws and regulations.
  3. The Service may be subject to one or more additional terms and conditions (“Supplemental Terms”). Any conflict between the Terms of Service and the Supplemental Terms, the then-current Supplemental Terms govern in relation to that Service.

2. Service

  1. Unless explicitly stated otherwise, any use of the Service shall be subject to the Terms of Service. You understand and agree that the Service is provided as is, with all links, and that, to the fullest extent permitted by law, Raghuvansh Enterprises Pty Ltd assumes no responsibility for the accuracy, completeness, timeliness, deletion, mis-delivery or failure to store any information, contents, communications or personalization settings.
  2. The Service is for your personal use only or the purpose based on the Supplemental Terms and/or End-User License Agreement of the Service you purchased.

3. Account

  1. You may register an account (“Account”) to use or access your account.
  2. Confirmation of any paid content will be sent to you via email and also the same email

    will be used to reset the password. Hence valid email has to be provided to ensure that

    you are able to access the content.

  3. Content is licensed for a period of 6 months, and not sold, to you. This license does not

    give you any right to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it on torrent sites).

  4. You agree that you are entirely and sole responsible for any and all activities or actions that occur under your Account and for maintaining your personal information, account, and password accurately and securely. You cannot use another’s account without permission.
  5. If you perceive that your username or password has been revealed or stolen or any unauthorized use of your Account or any other breach of security, you must inform

Raghuvansh Enterprises Pty Ltd immediately so that a new username or password can be

created.

  1. Raghuvansh Enterprises Pty Ltd has right to suspend or terminate your Account or the

    Service (or any portion thereof) if the information you submitted is untrue, inaccurate, not current or incomplete, or Raghuvansh Enterprises Pty Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.

  2. Raghuvansh Enterprises Pty Ltd will not be liable for your losses or damages caused by or arising from any unauthorized use of your Account. However, you may be liable for the losses or damages of Raghuvansh Enterprises Pty Ltd or others resulting from such unauthorized use.

4. Content

  1. Definition:
    1. “Content” means any materials, design, logos, button icons, images, photos, audio

      and video clips, video files, text, data, graphics, electronic documents, personal information, and any other information made available through the Service or viewed on, uploaded or submitted to the Service.

    2. “Neurodigit Content” means the Content made available or generated through the Service, excluding User Submission.
    3. “User Submission” means the Content you have rights to or have been authorized to upload, send, post, share and otherwise submit to or on the Service.
  2. You agree to be solely responsible for User Submission and the consequences of submitting, uploading and publishing User Submission to or on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents and permissions to submit, upload and publish User Submission; and you license to Raghuvansh Enterprises Pty Ltd all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Submission for publication on or use of the Service.
  3. You acknowledge and agree that Raghuvansh Enterprises Pty Ltd may preserve Neurodigit Content or User Submission and may also disclose Neurodigit Content or User Submission if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Neurodigit Content or User Submission violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Raghuvansh Enterprises Pty Ltd, Users, customers, suppliers, attendees and/or the public. You understand that the technical processing and transmission of the Service and the User Submissions, including your personal information, may involve (a) transmissions

over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, services or devices.

5. Use of the Services

I. The Service may be used and accessed for lawful purposes only. You agree to abide by all applicable laws and regulations in connection with your use of the Service. In addition, without limitation, you represent and warrant that you will not do, directly or indirectly, any of the following while using or accessing the Service:

  1. Circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Neurodigit Content or that enforce limitations on use of the Service or the Neurodigit Content therein;
  2. Use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
  3. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
  4. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Service to send altered, deceptive, false or misleading source-identifying information;
  5. Upload, post, email, or otherwise transmit, via the Service, any User Submission that are unlawful, deceptive, obscene, abusing, inciting of unlawful action, harmful, threatening, harassing, defamatory, libelous, vulgar, violent or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), constitute hate speech, or are otherwise objectionable in the opinion of Raghuvansh Enterprises Pty Ltd;
  6. Upload, post, email, or otherwise transmit any User Submission that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any Users, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Service;
  7. Use any unauthorized means to modify or reroute, or attempt to modify or reroute, any of the Service; Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Service, servers or networks connected to the Service or the technical delivery systems of Raghuvansh Enterprises Pty

Ltd.’s providers or disobey any requirements, procedures, policies or regulations

of networks connected to the Service;

  1. Attempt to probe, scan or test the vulnerability of the Service or any Raghuvansh

    Enterprises Pty Ltd.’s system or network or breach or impair or circumvent any

    security or authentication measures protecting the Service;

  2. Decipher, decompile, disassemble or reverse engineer any of the software used to

    provide the Service, or attempt to do any of the foregoing;

  3. Collect or store personal data about other Users without their express permission;
  4. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or otherwise commit fraud or harmful or potentially harmful deception;
  5. Harm or attempt to harm minors in any way;
  6. Stalk or otherwise harass another, or attempt to do the same;
  7. Use the Service in a way that harms, or could reasonably be expected to harm, Raghuvansh Enterprises Pty Ltd or its affiliates, resellers, distributors, and/or vendors (collectively, the “Raghuvansh Enterprises Pty Ltd parties”), or any customers of or suppliers to a Raghuvansh Enterprises Pty Ltd party;
  8. Resell or redistribute the Service, or any part of the Service;
  9. Use automated devices, manual processes, or scripts to copy or “scrape”

    Neurodigit Content for any purpose without Raghuvansh Enterprises Pty Ltd’s

    express written permission;

  10. Replicate the functionality of the Service or to create any effect similar to the

    effects by any means or to create any competing or potentially competing

    product or technology;

  11. Using the Service (directly or indirectly) to create datasets to train neural networks

    or create templates for similar or competing third party services;

  12. Use the Service in any manner not permitted by the Terms of Service or

    applicable laws; or

  13. Encourage or instruct any other individual to do any of the foregoing or to violate

any term of the Terms of Service;
acknowledge that Raghuvansh Enterprises Pty Ltd shall have the right in its sole

II. You
discretion, to rescind or terminate your use of the Service without notice, to remove or delete any Content from the Service without notice. Raghuvansh Enterprises Pty Ltd will have no responsibility or liability for, and you are solely responsible for creating back-ups of User Submissions.

III. Additional terms for Third Party License. Our Service is incorporated with some third party intellectual property, which are licensed by legitimate right holders or authorized licensors.

6. Purchase and Payment

  1. The Service can be ordered and delivered only within selected regions or countries in the sole discretion of Raghuvansh Enterprises Pty Ltd.
  2. Reference to any products, services, process or other information by trade name, trademark, manufacturers, suppliers, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Raghuvansh Enterprises Pty Ltd.
  3. You may not sell or resell any Service you purchase or otherwise received from Raghuvansh Enterprises Pty Ltd.
  4. When you make a payment, you agree to use a valid payment method. You agree to pay the price for content that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for the license.
  5. Payment for the Service is non-refundable.
  6. Raghuvansh Enterprises Pty Ltd reserves the right, with or without notice, to cancel or

    reduce the quantity of any order to be filled or Service to be provided to you that may result in a violation of the Terms of Service, as determined by Raghuvansh Enterprises Pty Ltd in its sole discretion.

  7. Except where prohibited by law, Raghuvansh Enterprises Pty Ltd may limit the number of Services available for purchase.

7. Termination; Cancellation

I. Raghuvansh Enterprises Pty Ltd may change the Service, or any portion thereof, or delete features at any time and for any reason without notice. Raghuvansh Enterprises Pty Ltd, in its sole discretion and for its sole convenience, may immediately terminate or suspend your access to the Service and remove any Content (including User Submissions) from the Service or its servers, in the event that you breach or threaten to breach the Terms of Service, Supplemental Terms or applicable laws. Notwithstanding the foregoing, Raghuvansh Enterprises Pty Ltd also reserves the right to rescind or terminate the Service or your use or access thereto at any time and for any reason without notice. After such a termination, you understand and acknowledge that Raghuvansh Enterprises Pty Ltd will have no further obligation to provide the Service. Upon termination, all licenses and other rights granted to you by the Terms of Service will immediately cease. To the fullest extent permitted by Law, Raghuvansh Enterprises Pty Ltd is not liable to you or any third party for termination of the Service or termination of your access to or use of the Service. Upon any termination or suspension, any Content (including User Submissions) that you have submitted in connection with the Service or that is related to your Account may no longer

be accessed by you. Furthermore, once the Service is cancelled or suspended, any data you have stored in connection with the Service may not be retrieved later. Raghuvansh Enterprises Pty Ltd will have no obligation to maintain any Content (including User Submissions) stored in its database related to your Account or to forward any Content (including User Submissions) to you or any third party.

II. Any suspension, termination or cancellation will not affect your obligations to Raghuvansh Enterprises Pty Ltd under the Terms of Service (including but not limited to indemnification and limitation of liability), which by the sense and context are intended to survive such suspension, termination or cancellation.

10. Third Party Links

  1. The Service may contain links to third party websites that are not owned or controlled by Raghuvansh Enterprises Pty Ltd.
  2. Raghuvansh Enterprises Pty Ltd has no control over, and you agree that Raghuvansh Enterprises Pty Ltd assumes no responsibility for the availability of such external sites or resources and does not endorse and is not responsible or liable for the content, advertising, products, privacy policies, or practices of any third party websites.
  3. In addition, Raghuvansh Enterprises Pty Ltd will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Raghuvansh Enterprises Pty Ltd from any and all liability arising from your use of any third-party website.
  4. You further acknowledge and agree that Raghuvansh Enterprises Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party site or resource.

11. Intellectual Property Rights and Ownership

I. Neurodigit Content

  1. Raghuvansh Enterprises Pty Ltd and its licensors own all rights, title and interest,

    including all worldwide intellectual property rights in the Service, Neurodigit Content and the trademarks, service marks and logos contained therein other than User Submission.

  2. The compilation of Neurodigit Content shall mean the collection, arrangement and assembly of all Content on the Service is the exclusive property of Raghuvansh Enterprises Pty Ltd and protected by applicable intellectual property laws and regulations.
  3. All software used on the Service is the property of Raghuvansh Enterprises Pty Ltd or its suppliers and is protected by relevant laws and regulations. Permission is

granted to electronically copy and to print in hard copy for the sole purpose of placing an order with Raghuvansh Enterprises Pty Ltd, using the Service as a shopping resource.

  1. Except for the purpose permitted under the Terms of Service, any other use of Neurodigit Content or the Service, without the prior written permission of Raghuvansh Enterprises Pty Ltd, is strictly prohibited including without limitation, reproduction, distribution, republishing, transmission, display or performance.
  2. You may access and use the Service and Neurodigit Content for your own personal use only. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service, or Neurodigit Content.
  3. Raghuvansh Enterprises Pty Ltd reserves all rights not expressly granted in and to the Service and Neurodigit Content.
  4. You agree not to engage in the use, copying, distribution or modification of any of Neurodigit Content other than as expressly permitted herein.
  5. The Neurodigit Content and all service marks, trademarks, and/or trade dress of Raghuvansh Enterprises Pty Ltd may not be used in connection with any product or service that is not offered by Raghuvansh Enterprises Pty Ltd in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Raghuvansh Enterprises Pty Ltd.
  6. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

12. Disclaimer of Warranties

  1. Your use of the Service or Content is at your sole discretion and risk. The Service, and Neurodigit Content included therein, are provided on an “as is”, “with all faults” and “as available” basis without warranties of any kind.
  2. To the fullest extent permitted by law, Raghuvansh Enterprises Pty Ltd, its officers, directors, employees, affiliates, subsidiaries, and agents expressly disclaim all warranties of any kind, express, implied or statutory, relating to the Service, Content, Neurodigit Content, and User Submission, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance.
  3. Raghuvansh Enterprises Pty Ltd disclaims any warranties:

a. With regard to the security, accuracy, completeness, reliability, appropriateness,

legality, applicability, timeliness and performance of the Service, Content, Neurodigit Content, and User Submission or any portion thereof;

  1. That the Service, Content, Neurodigit Content, and User Submission will be free of errors, mistakes, or inaccuracies or that any errors, mistakes, or inaccuracies will be corrected; or
  2. In connection with or resulting from :
    • ▪  Any unauthorized access to or use of the Service, servers of Raghuvansh

      Enterprises Pty Ltd and/or any Content or information stored therein;

    • ▪  Any errors or omissions in any Content (including User Submission) or any loss or damages as a result of the use of any Content posted, emailed,

      transmitted, or otherwise made available via the Service;

    • ▪  Any interruption or cessation of transmission to or from the Service; or
    • ▪  Any bugs, viruses, or the like which may be transmitted to or through the

      Service or linked website by any third party.;

  1. Raghuvansh Enterprises Pty Ltd does not endorse any Content or any statement, opinion,

    recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Raghuvansh Enterprises Pty Ltd with respect thereto.

  2. No advice or information, whether in oral or writing, obtained from Raghuvansh Enterprises Pty Ltd, will create any warranty not expressly stated in the Terms of Service. Raghuvansh Enterprises Pty Ltd does not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third party through the Service or any linked website or featured in any banner or other advertising, and Raghuvansh Enterprises Pty Ltd will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or service. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

13. Indemnification

  1. You agree to indemnify, hold harmless and defend Raghuvansh Enterprises Pty Ltd and its officers, directors, employees, agents, subsidiaries, and/or affiliates from any and all claims, losses, damages, liabilities, costs, and expenses including reasonable legal fees and costs, arising out of or in any way connected with
    1. Your access to or use of the Service and/or Neurodigit Content; and
    2. Your misuse, violation or breach of the Service, the Terms of Service,

      Supplemental Terms, applicable laws or regulations, or any third party rights,

      including without limitation any intellectual property rights.

  2. The indemnification shall apply and survive the termination, cancellation or expiration of

    the Terms of Service, your use of the Service and your Account.

14. Limitation of Liability

I. In no event shall Raghuvansh Enterprises Pty Ltd, its officers, directors, employees, subsidiaries, affiliates, or agents be liable to you or anyone else under the Terms of Service or under any contract, tort, negligence, strict liability or other legal or equitable theory (even if Raghuvansh Enterprises Pty Ltd has been advised of the possibility of losses or damages) for any direct, indirect, incidental, special, punitive, or consequential damages, lost profits, lost business or cost of procurement of substitute services, whatsoever arising out of, resulting from or in connection with

  1. Your access or use of the Service or any portion thereof;
  2. Any unauthorized access to or use of our secure servers and/or any and all

    information stored therein;

  3. Personal injury or property damage, of any nature whatsoever, resulting from

    your access to and use of the Service;

  4. Any errors, omissions, mistakes, or inaccuracies in the Service or Content or for

    any loss of any kind incurred as a result of your access to or use of the Service or

    Content posted or made available through the Service;

  5. Any interruption or cessation of transmission to or from the Service;
  6. Any bugs, viruses, or the like, which may be transmitted to or through the Service by any third party; or
  7. Any violation of the Terms of Service, applicable laws or regulations, or any third party rights including without limitation any intellectual property rights.

II. The
applicable jurisdiction.

foregoing limitation of liability shall apply to the fullest extent permitted by law in the

15. Compliance with Laws

  1. The Service is provided, controlled, and managed by Raghuvansh Enterprises Pty Ltd in Australia. Raghuvansh Enterprises Pty Ltd makes no representations that the Service is legitimate, or appropriate to use in other jurisdictions/locations.
  2. People from other jurisdictions use or access to the Service at their own discretion and shall be responsible to comply with any and all applicable laws.
  3. Recognizing the global nature of the internet, you agree to comply with all laws and rules regarding online conduct and acceptance information.
  4. Specially, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Australia or the country in which you reside.

16. Modification

  1. Raghuvansh Enterprises Pty Ltd may, at its own discretion, revise or modify the Terms of Service and/or the Service from time to time without notice, and you agree to review the latest version periodically.
  2. Any modifications will be effective immediately after they are posted or announced unless a longer notice period is required by applicable laws.
  3. If any modifications are not acceptable to you, your sole remedy is to cease using the Service, and if applicable, cancel your Account.
  4. By continuing to use or access the Service after Raghuvansh Enterprises Pty Ltd makes such modifications, you agree to be bound by the revised Terms of Service.
  5. To the fullest extent permitted by law, you also agree that we shall not be liable to you or to any third party for or on account of any modification, suspension or discontinuance of the Service.

17. General

  1. The Terms of Service shall be governed by and interpreted in accordance with the Laws of Australia without respect to its conflict of laws of principles.
  2. You and Raghuvansh Enterprises Pty Ltd hereby irrevocably consent that any action, proceeding or disputes arising from or in connection with the Terms of Service shall be submit to the personal and exclusive jurisdiction of arbitration in Australia for the purpose of arbitrating any dispute.
  3. In the event that any provision in the Terms of Service is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  4. The failure of a party to enforce any right or provision of the Terms of Service will not be deemed a waiver of such right or provision.
  5. Any waiver, to be effective, must be in writing signed by the waiving party (in case of Raghuvansh Enterprises Pty Ltd, by an authorized officer).
  6. You may not assign the Terms of Service (by operation of law or otherwise) without prior written consent of Raghuvansh Enterprises Pty Ltd and any prohibited assignment will be null and void.
  7. Raghuvansh Enterprises Pty Ltd may assign the Terms of Service or any rights hereunder without your consent.
  8. You agree that the Terms of Service and the rules, restrictions and policies contained herein, and Raghuvansh Enterprises Pty Ltd.’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Raghuvansh Enterprises Pty Ltd.
  1. The Terms of Service together with applicable contracts signed between you and Raghuvansh Enterprises Pty Ltd constitute the entire agreement between you and Raghuvansh Enterprises Pty Ltd with respect to the subject matter hereof.
  2. Any notice or other communication to be given hereunder will be in writing and given:
    1. By Raghuvansh Enterprises Pty Ltd via email (in each case to the address that you

      provide),

    2. A notice on the Service, or

c. By you via email to contact Raghuvansh Enterprises Pty Ltd via info@rv-quantum.com.

  1. The date of receipt shall be deemed the date on which such notice is transmitted.
  2. You understand and agree that, by entering into these terms of service, you waive the

    right to go to court or to participate in a class or representative action.