END USER LICENSE AGREEMENT BY CLICKING ON THE “I AGREE” (OR SIMILAR BUTTON) OR ACCESSING USING THE SOFTWARE OR BY USING THE SERVICES, YOU INDICATE YOUR ASSENT TO THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT. THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU, THE USER OF THE SOFTWARE (“YOU” OR “YOUR” OR “USER”) AND KRATIKAL TECH PRIVATE LIMITED ("KRATIKAL", "WE", "US" AND "OUR"). THIS EULA PROVIDES AND CAPTURES IMPORTANT LEGAL UNDERSTANDING REGARDING THE LICENSE TO THE SOFTWARE AS DETAILED IN SUBSCRIPTION AGREEMENT (THE “SOFTWARE”), YOUR USAGE, AND ACCESS OF THE SOFTWARE AND THE SERVICES (AS DEFINED BELOW) AND LIABILITY OF THE USERS. THIS EULA IS BASED UPON THE SUBSCRIPTION AGREEMENT EXECUTED BETWEEN KRATIKAL AND THE COMPANY (HEREIN REFERRED TO AS “COMPANY”) FOR THE USE OF SERVICES AS PER THE TERMS AGREED THEREIN. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, WE ENCOURAGE YOU NOT TO ACCESS THE SOFTWARE, OR USE THE SERVICES. Definitions. “Services” shall mean the internet accessible service offered by Kratikal through a Subscription (defined below) under which access to the Software hosted by Kratikal on a cloud is made available to the Company and the Users pursuant to the terms of the Subscription Agreement (defined below) along with the support and maintenance services for the Software as mentioned therein. “Subscription” means the limited license to use and access the Software and its related Services in accordance with the Subscription Agreement executed between the Company and Us. “Subscription Agreement” means the agreement signed between Kratikal and the Company in order to obtain Subscription to the Services. Grant of License. Kratikal hereby grants You a fixed term, non-exclusive, non-assignable/non-transferable, revocable, limited license to use, access, the Services in accordance with this EULA and the documentation (if any) solely for the User’s internal business purposes. Restriction on Use. The Company shall not, directly or indirectly, i) offer the Software for rent, lease, or otherwise transfer, sub-license, distribute, facilitate the distribution of or transfer the Software in any manner, ii) copy, modify, adapt, translate, reverse engineer, decompile, disassemble, alter, reproduce or otherwise make any changes to the Software, the Services or create any derivative works, iii) use the Software, the Services in any manner to provide time-sharing, benchmarking or other computer services to third parties, except as expressly provided herein, or allow any third party to access or benefit from the functionality of the Software, iv) use the Software or allow the transfer, transmission, export, or re-export of the Software or portion thereof in violation of any applicable laws including export control laws or regulations, v) allow use of the Services by anyone other than the Permitted Users, vi) use the Software to develop any competing or similar product, vii) use any of the Software’s components, add-ons, files, modules, externals, contents including associated license material separately from the Software, viii) use the Software with any unsupported software or hardware, or ix) use the Subscription in excess of the limitations of the subscription plan availed by the Company. Account Management. As a condition for Your use of the Services, You will be required to register with Kratikal and select a password and enter Your email address on Kratikal’s Software. This account management will be facilitated through an admin appointed by the Company. You must ensure to provide Kratikal with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this EULA, which may result in immediate termination of Your account. You shall be responsible for maintaining the confidentiality of Your account and password. By registering Your details with Kratikal, You agree that we may contact You with important information relating to the Software. Compliance with Laws. The User shall comply with all applicable local, state, national and foreign laws in connection with its use of the Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data. The User acknowledges that Kratikal exercises no control over the content of the information transmitted by the User through the Software. The User shall not upload, post, reproduce or distribute any information, software or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights. Unauthorized Use; False Information. The User shall: (i) notify Kratikal immediately of any unauthorized use of password or user id or any other known or suspected breach of security, (ii) report to Kratikal immediately and use reasonable efforts to stop any unauthorized use of the Services that is known or suspected by the User, and (iii) not provide false identity information to gain access to or use the Services. Access. The User shall be solely responsible for its acts and omissions. Kratikal shall not be liable for any loss of data or functionality caused directly or indirectly by the User. User Content. The User is solely responsible for collecting, uploading and updating all the User content uploaded on the Software, and for ensuring that the User content does not (i) include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, or (ii) contain anything that is obscene, defamatory, harassing, offensive or malicious. User acknowledges and agrees that Kratikal uses certain third-party tools for analytical purposes and may use User’s content and track User’s usage of the Services for any purpose including but not limited to research, analytics, and to improve the Services. Intellectual Property Rights. Any and all rights to the Services, Software, enhancements, and branding thereof including title, ownership rights and intellectual property rights such as copyrights, trademarks, service marks and patents therein is the sole and exclusive property of Kratikal. This Agreement does not grant User any rights, title and interest in and to the Software, documentation, enhancements, its contents and branding thereof including Kratikal’s intellectual property rights except where expressly and unequivocally licensed herein. From time to time, User may provide feedback, suggestions, requirements or recommendations (“Feedback”) regarding the Software or the Subscription. User hereby assigns to Kratikal all right, title and interest into such Feedback and an exclusive right to create any developments based on such Feedback. User shall retain title to and all ownership rights in User content. User shall grant to Kratikal a worldwide, non-exclusive, and non-transferable limited-term license to host, copy, transmit, analyze, process, display, store, configure, and perform User content solely as necessary to provide the Services to User. User acknowledges and agrees the Software may generate certain reports (“Reports”) with the use of User content provided by User while availing the Services. All the intellectual property rights pertaining to Kratikal’s Software and trademarks in all such Reports generated during the provision of Subscription shall vest solely with Kratikal. Confidentiality The Software provided under this EULA contains valuable trade secrets and is the confidential information of Kratikal. You shall not disclose, provide or otherwise make available the Software to any third party, except as expressly granted under this EULA. You agree to use all commercially reasonable precautions to protect the confidentiality of the Software and shall secure from all third parties having access to the Software, as per the terms of this EULA, and commit to maintain the Software in confidence. You agree that under no circumstances Kratikal or its affiliates or subsidiaries shall be held responsible or liable for any loss, damage or harm caused due to Your reliance on information obtained from the Software. The confidentiality obligations stated herein shall survive for a period of five (5) years from the date of termination or expiration of the Subscription Agreement along with this EULA. Warranty Disclaimer and Liability. USER ACKNOWLEDGES THAT THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR COVENANTS WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY EXPRESS, STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY, OR ARISING OTHERWISE IN LAW OR EQUITY OR COVENANT BASED ON A COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED AND EXCLUDED. KRATIKAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY OF THE SOFTWARE WILL MEET THE COMPANY’S REQUIREMENTS, THAT THE OPERATION OF ANY OF THE SOFTWARE WILL BE UNINTERRUPTED OR THE SERVICES WILL OPERATE IN COMBINATION WITH THE COMPANY DATA, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY KRATIKAL . THE COMPANY ACKNOWLEDGES THAT KRATIKAL DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES, HOWSOEVER CAUSED IN CONNECTION WITH THIS EULA EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.THE MAXIMUM AGGREGATE LIABILITY OF KRATIKAL FOR DIRECT DAMAGES SHALL BE LIMITED TO AN AMOUNT OF INR 1000/- (RUPEES ONE THOUSAND ONLY). Third Party Software. Third-party product/Software (if any) used through the Software shall be subject to separate terms and conditions provided by such third-party product/Software. The license restrictions contained in this EULA do not apply to third-party product/Software to the extent they are inconsistent with such third-party product/Software terms. Kratikal shall not be responsible for any third-party product/Software. Indemnity. You agree to defend, indemnify and hold harmless Kratikal and its affiliates, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Software and/or Services, including any data or work transmitted or received by You; (ii) Your violation of any term of this EULA; (iii) Your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claim of damages that arise as a result of any of Your content shared by You or the other participants of the Conversation; or (vi) any other party’s access and use of the Software or Services with Your unique username, password or other appropriate security code. Termination. This EULA shall get terminated as soon as the Subscription Agreement gets terminated between Company and Kratikal or upon deletion of the account by the User on the Software, whichever is earlier. Upon the expiry or any termination of this EULA, Users’ right to use the Services shall immediately cease and at Kratikal’s discretion, User will return/ delete/ destroy any materials provided by Kratikal to Users as per the terms of the Subscription Agreement. Audit and Inspection. Kratikal shall have the right to audit User’s use of the Services in order to verify that it is being used in compliance with this EULA. Notwithstanding anything to the contrary contained herein, Kratikal shall be entitled to introduce patches and / or other programs to monitor User’s usage of the Services, in order to ensure that User’s usage of the Services is in accordance with the terms of this EULA. In the event of User’s usage exceeds permitted usage as set out under this EULA, the patches and / or other programs introduced by Kratikal might make the Software unusable and, in such event, Kratikal shall not be liable for any damages, expenses, losses, or any other consequence caused to User as a result thereof. Governing Laws. This EULA shall be construed and governed by and construed and enforced in accordance with the laws of India and the courts of Noida shall have an exclusive jurisdiction to adjudicate any subject matter under this EULA. Force Majeure. Neither party shall be in default or liable for any delay or failure to comply with this EULA due to any act beyond the control. Interpretation. This EULA will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal representative) drafted the EULA. The headings, titles, and captions contained in this EULA are merely for reference and do not define, limit, extend, or describe the scope of this EULA or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this EULA includes the masculine, feminine, and neuter, and (b) the word "including" means "including, without limitation”. Entire Agreement. This EULA constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties pertaining to the subject matter hereof are inapplicable. Neither the rights nor the obligations arising under this EULA are assignable or transferable by You, and any such attempted assignment or transfer shall be void and without effect. Independent Contractor. No agency, partnership, joint venture, or employment is created between You and Kratikal as a result of this EULA, and You do not have any authority of any kind to bind Kratikal in any respect whatsoever. Severability. In the event that any of the provisions of this EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable. Waiver. Any waivers and modifications must be in writing and signed by both parties. No delay or omission by either party in exercising any right or remedy under this EULA or existing at law or equity shall be considered a waiver of such right or remedy. General. You agree to use the Software and Services at Your own risk. If You have any questions, complaints or claims with respect to the Software or Services, You should contact support@kratikal.com. Changes to this EULA. We may update the terms and conditions of this EULA. We encourage You to check these terms and conditions on a regular basis to be aware of the changes made to it which are also available on http://kratikal.com for the most recent version. This EULA was last modified in September 2021.