PEPPER CONTENT TERMS OF USAGE
Last Updated : 24th March 2023
This electronic record is generated by a computer system and does not require any physical or digital signatures.
Pepper Content Inc., a corporation incorporated under the laws of Delaware having registered office at 1013 Centre Road, Suite 403-B, in the city of Wilmington, county of New Castle, Zip Code 19805-1270, that, together with its subsidiaries, group companies and affiliates, including Pepper Content Global Private Limited (“Company”, “We", “Pepper Content”, “Us”, or “Our”), provides content creation and marketing services through website and mobile applications, and / or other domains or platforms owned and /or operated by the Company, which currently includes www.peppercontent.in, and www.peppercontent.io and www.peppertype.ai and any other websites and mobile applications, and / or other domains or platforms which may be owned or operated by the Company in future (collectively referred to as “Platform”).
Further, additional terms and conditions may apply to purchases of one or more Services and to specific portions or features of the Platform, including contests, promotions or other similar features, all of which terms are made a part of these Terms and Conditions by this reference.
If You are accessing or using the Platform and the Services on behalf of a business or other legal entity, then Your business or legal entity is legally and financially responsible for Your access to and use of the Platform and the Services, as well as for the use of the Platform and the Services by others affiliated with you, including any employees or agents.
IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TOS, PLEASE DO NOT USE THE PLATFORM OR ITS SERVICES.
“Account” means the account created by a User on the Platform to access / use one or more Services. It shall include an Organisation Account.
“Applicable Law” means all applicable laws and regulations applicable to a User of the Platform, whether in effect as of the date of these Terms or thereafter and each as amended from time to time, in respect of Your use of the Platform.
“Creator” shall mean any User who has created an Account on Our Creator Portal and seeks to render Services to Customers via the Platform.
“Customer” shall mean those Users who seek to avail Services via the Platform.
“CMP Services” shall mean the SaaS-based digital marketing services offered by Pepper Content aimed at providing effective marketing solutions including assistance in the formulation of marketing strategy and creation of content for marketing campaigns.
“Collaborator” shall refer to the third parties with whom Pepper Content has collaborated or may collaborate in future for creation of the Platform for offering the Services and includes Semrush Inc., USA (“Semrush”), OpenAI, LLC (“OpenAI”), SerpAPI, Copyscape, Grammarly, and GetStream.
“Content” shall mean the material generated through the Services offered by the Platform, including the material created through Peppertype.ai, basis the specific requirements of a User.
“Docs” shall refer to the individual files made using Pepper docs.
“Input” shall mean data, information, suggestions, text, content, and other materials submitted, uploaded, transmitted, or otherwise made available by the User to the Platform via Pepper docs or otherwise.
“Organisation Account” means an Account that is created on the Platform in the name of an entity by the entity or a department or a team within an entity, for use by multiple Users.
“Pepper docs” mean the web-based word processor introduced by Pepper Content that provides the User an all-in-one workspace for creating and organizing projects.
“Peppertype.ai” means the built-in AI tool of Pepper Content to enable the User to create new content for projects.
“Pepper AI” means a chat based AI assistant that guides Users on any topic related to content and marketing.
“Plan” means the combination of Services and Usage Limits with a set price value that a Customer can subscribe to through the Platform.
“Price Quote” means the form setting out the price to be charged by the Company from the User for the use of the relevant Services, whether as a part of any Paper Contract, Checkout Form (payment link) or any form on the Platform.
“Service(s)” means services provided through the Platform, as described in further detail under Clause 3 below. The Services provided through the Platform may change from time to time, at the sole discretion of the Company. This also includes the CMP Services, Content Services, Pepper AI and any new services that may be introduced by Pepper Content from time to time and any updates, modifications, or improvements made to these Services.
“Usage Limits” means the usage limits provided to each Customer with their Plan.
“User” or “You” means any person or entity who accesses or visits the Platform and/or avails one or more Services on the Platform, or their representatives or affiliates who are registered on the Platform. The terms “Your” and “Yourself” shall be construed accordingly.
II. Updation of Terms and Conditions
Your use of the Platform is always subject to the Terms and Conditions, which may be updated, amended, modified or revised by Us from time to time. We will notify You of any change of the Terms and Conditions in accordance with applicable laws. As a User of the Platform, it is also Your obligation and responsibility to peruse and keep Yourself updated with the additions, revisions, amendments or modifications that We may have made to these Terms and Conditions from time-to-time, as these Terms are the basis on which You shall interact with the Company and the Platform. Any updates to the Terms and Conditions shall be deemed to be effective as soon as they are uploaded on the Platform. If You continue to use the Platform, Content and/or Services after the updated Terms and Conditions have been published, it shall be deemed that You have read and understood and accepted the updated Terms and Conditions. Any reference to Terms of Usage / Terms and Condition, shall refer to the latest version of the Terms of Usage / Terms and Condition.
III. Service(s) provided to Users
If You are a Creator:
We provide a Platform that allows You to curate content and render content creation services to Customers. Customers who desire to avail content creation services shall reach out to Us. Upon receipt of a content creation project (“Assignment”) from the Customer, we shall allocate the Assignment to a Creator based on the Creator’s experience, expertise and knowledge area. These Assignments will involve putting forth Your creative zest to the table. Decision of the Company for allocation of Assignment shall be final.
Registration as a Creator on the Platform does not guarantee allocation of Assignments or obliges the Company / Customers to avail Content Services from any one or more Creators.
If you are a Customer:
We provide You a Platform that collates Your content creation requirements and addresses them by providing original and unique content as per the specifications provided for the Assignment (“Content Services”). Subject to the Plan availed by the Customer, the following Services shall be rendered in this regard:
We help You ideate, fixate and act upon Your content creation / marketing strategy and help increase operational efficiency to create content at scale;
Matching a Customer with a tailored Creator algorithmically;
Curate content as per Your specifications with regard to that particular Assignment;
The flexible and steady flow of content from Our end helps keep Your content on track with Our account management feature which provides end-to-end assistance.
Subject to the Plan availed by the Customer, the Customer may also avail the Platform’s CMP Services which assist You to ideate and strategize a desired marketing content subject to Your Input on the Platform. The Platform offers multiple suggestive features which provide indicative forecast Outputs. We do not guarantee that a Customer will be able to achieve their desired results if they decide to act upon such Outputs, hence, We take no liability for Content generated basis such Outputs. For example, the Platform provides a checklist that can be followed by a Customer for creating Content but there is no guarantee that even if the same is followed thoroughly, such User’s Input will provide the desired results.
A User of the CMP Services may also access the Content Services through Pepper docs. If Docs are associated with an Assignment, any and all contents of such Docs will be accessible by the Creator who has been allocated such Assignment.
Subscription, Plans and Limits
The CMP Services may be availed by User on the Platform by subscribing on the Platform. The User may be required to sign a Paper Contract for availing the CMP Services. The subscriptions run from the date, as specified in the Price Quote. The subscriptions can have monthly, quarterly, half-yearly and yearly renewal terms. At the end of the period, the subscription will end unless renewed by the Customer.
The CMP Services may be availed by the User only up to their respective Usage Limits, which are refreshed for every month. Unless otherwise specified in any Paper Contract between the Company and the User, the Usage Limits would always be monthly exhaustible and cannot be transferred to the next renewal month. In the event the User exceeds the Usage Limit, such User will be charged an overage fee associated with their Plan. The Usage Limit for any particular CMP Services cannot be transferred to any other Services.
If a User is a part of multiple Organization Accounts, the accessibility of Services will be subject to the Plan that is availed under the respective Organization Accounts.
Creation of an Account on the Platform is available only to persons who can form legally binding contracts under Applicable Law. By using the Platform and creating an Account, You affirm that You are:
(i) at least eighteen (18) years of age or such age of majority as stipulated under Applicable Law (“Minimum Age”). For anyone under the Minimum Age (“Minor”) who is accessing / browsing/ using the Platform, their parent or guardian under Applicable Laws, shall accept and agree to Terms and Conditions (“Parental Consent”). Any access / browsing / use of the Platform by any Minor shall be deemed to have Parental Consent; and
(ii) are competent to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms and Conditions.
Persons who are “incompetent to contract” under Applicable Law including but not limited to minors, un-discharged insolvents, or person of unsound mind are not eligible to use the Platform and We may immediately and without reason suspend or restrict Your access to the Platform if We have reason to believe that You are “incompetent to contract”
If You avail the Services as part of an Organization Account, You agree to these Terms on behalf of such entity on whose behalf the Organisation Account has been created and You represent that You have the authority to do all acts necessary relevant to the use of the Platform on behalf of the entity to whom the Organisation Account belongs.
V. User Account Registration
You further agree not to use the Account or log in with the username and password of another User of the Platform unless: (a) You are expressly authorized to use such User’s Account; and (b) such use would not violate the Terms and Conditions.
You agree to immediately notify us if You suspect or become aware of any unauthorized use of Your Account or any unauthorized access to the password for any Account. We shall have no responsibility or obligations for any actions executed through Your Account if You do not notify us of the unauthorized access or use of Your Account. You further agree not to use the Account or log in with the username and password of another User of the Platform unless: (a) You are expressly authorized to use such Account; and (b) such use would not violate the Terms and Conditions.
If You are a Creator:
In addition to the above, You shall have to provide information regarding Your educational background and Your work experience in providing Content Services. The creation of Your Account shall also be subject to You obtaining a qualifying score in Our multiple mandatory tests. We reserve the sole right to determine what constitutes the qualifying score in these language proficiency tests. The relationship between the Creator and Pepper Content and all rights, obligations and liabilities associated thereto shall be governed under an independent Paper Contract.
Only one Account can be created by one Creator. Should Pepper Content become aware of multiple Accounts attributed to the same Creator, Pepper Content reserves the right to, at its sole discretion, terminate or suspend one or more of such Accounts.
If You are a Customer:
You may register and create an Account for Yourself as a Customer by providing information being sought by Us on the Platform. Once an Account is created on the Platform, the Customer may be required to enter into a Paper Contract with the Company detailing the terms and conditions of the services, rights, liabilities, commercials and obligations associated thereto. Should You login to the Platform using such login credentials, it shall be deemed that Your Account has been accessed by You or any third-party to whom You have granted access to the Account. You agree to immediately notify us if You suspect or become aware of any unauthorized use of Your Account or any unauthorized access to the password for any Account. We shall have no responsibility or obligations for any actions executed through Your Account if You do not notify us of the unauthorized access or use of Your Account. You further agree not to use the Account or log in with the username and password of another User of the Platform unless: (a) You are expressly authorized to use this Account; or (b) such use would violate these Terms.
Organization Account Registration
The User which creates Organisation Account and accepts these Terms and Conditions on the relevant entity’s behalf represents and warrants that such User has authority to bind the entity whose Organisation Account has been registered, and by agreeing to these Terms and Conditions, such User does so on the relevant entity’s behalf. Such User hereinafter the “Admin.” Such Admin may designate one or more Users as a ‘Admin’ to operate the Organization Account. Only Admins may create or remove individual Users for authorized members of the Your entity with individual login credentials. Only the then designated Admin of an Organization Account may designate or remove other Admin(s) for the relevant Organization Account. The Admins shall have the authority to make all decisions in relation to the Organisation Account on behalf of the entity whose Organisation Account has been registered and shall have full access and control over the Organisation Account. The Company cannot and shall not undertake any actions which are performed by Admins on the Platform and thus, in any manner cannot be held liable for any activity in the Organisation Account.
VI. Platform License
Subject to Your compliance with these Terms and Conditions and payment of applicable fees, the Company grants You a limited, non-exclusive, non-transferable license to: (i) to access and use the Services; (ii) to view, download and print any Content of the Platform solely for Your personal and non-commercial purposes; and (iii) in case of Content Services, to access, modify, edit and download any Content, to which the Customer has permitted access solely for its use. No User shall have a right to sublicense the rights granted herein.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, except as expressly permitted in these Terms and Conditions. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in the Terms and Conditions. The Platform and the intellectual property rights vested therein is owned by the Company.
VII. Reworking and Revision
Please refer to our Revision Policy . Our Revision Policy is hereby incorporated into these Terms of Service by this reference.
Applicable to Customers:
You agree to Pay to us any fees for the Services availed by you, in accordance with the pricing and payment plans presented to you by the Company on the platform and the website. Payment against fees can be made online through credit Card/internet banking etc. or any mode of payment which is made available to the User in the Platform. The Fees paid by you is non-refundable, except as provided in these Terms and Conditions.
Applicable to Creators:
The Company shall make payments to the Creators as consideration for their services rendered in creating and curating content as per the terms and conditions of the Creator Service Agreements.
IX. Cancellation Policy
Please refer to our Cancellation Policy. Our Cancellation Policy is hereby incorporated into these Terms of Usage by this reference.
X. Use of Your Information and Content and other content displayed on the Platform
We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services, pursuant to Our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud services providers or use Our own service infrastructure for hosting the servers and databases. While We make commercially reasonable efforts to ensure that the data stored on Our servers is persistent and always available to the User, We will not be responsible in the event of failure of the third-party servers or any other factors outside Our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.
You acknowledge and agree that We may preserve Your information and may also disclose Your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any of Your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public
Applicable to Customer:
Pepper Content shall act as the liaison between the Creator and the Customer. The Customer shall not directly or indirectly attempt to circumvent, avoid or bypass the intent of the Terms, to avoid payment of fees in connection with any Assignment or enter into a transaction involving any probable Assignment directly with the Creator. You agree to notify the Company immediately if the Creator suggests that You can or should make or receive payments other than through the Platform and any act in violation of this provisions or if you receive unsolicited contact outside of the Platform.
Customers can interact with Creators through the Platform. Customers shall share only such data with Creators as is required for the Assignment, and shall not share any personal data with Creators. We take no liability for any information exchanged between a Customer and a Creator.
Applicable to Creator:
You agree to not contact or attempt to contact the Customer in any manner whatsoever. There shall be no communication between You and the Customer. Pepper Content shall act as the liaison between You and the Customer. You agree to notify the Company immediately if a person suggests to you making or receiving payments other than through the Platform in violation of this Clause or if you receive unsolicited contact outside of the Platform.
XII. Third Party Services
Notwithstanding the foregoing, Pepper Content may enter into separate agreements with third party collaborators such as Semrush and OpenAI, to integrate their technology into the Platform. Pepper Content shall have the right to use the technology received from the Collaborators for the sole purpose of providing the CMP Services to its User but shall not have any right to sell, license, or transfer this technology to any third party without the express written consent of the Collaborators.
As a condition of use, You promise not to use the Services for any purpose that is prohibited by the Terms and Conditions; or other rules or policies implemented by Us from time to time; or in violation of any Applicable Laws.
By way of example, and not as a limitation, You shall not (and shall not permit any third-party to) take any action that: (i) would constitute a violation of any Applicable Law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity. The Company reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Company is concerned that You may have violated the Terms), or for no reason at all with or without notice to the User/Users.
Additionally, You shall not share any information that: (i) may be harmful to minors or children below the Minimum Age; (ii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any laws for time being; and (vii) impersonate any person.
Furthermore, You shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent Applicable Laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
You will not access the Platform, and/or its Services, or the personal information of other Users, available on the Platform in order to build a similar or competitive website, product, or service.
You agree to immediately notify us of any unauthorised use, or suspected unauthorized use of Your Account, or any other breach of security, in relation to Your personal information on the Platform.
XIV. Alerts Provided by The Company
The Company provides You with multiple automatic alerts while providing Services.
You understand and agree that any alerts provided to You through the Platform may be delayed or prevented by a variety of factors. We will do Our best to provide alerts in a timely manner with accurate information. However, We neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that We shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by You or any third-party in reliance on an alert.
XV. Contact You
You agree that We may contact You through telephone, email, SMS, WhatsApp or any other means of communication for the purpose of:
Obtaining feedback in relation to Platform or our Services;
Obtaining feedback in relation to any other Users listed on the Platform;
Intimating modifications and changes to Terms and Conditions, or any part thereof;
Resolving any complaints, information, or queries by other Users regarding Your Content/Work; and
Introducing and sharing information of the Platform and the Services.
You agree to provide Your fullest cooperation further to such communication by Company.
By submitting suggestions or other feedback regarding Our Services/Platform, You agree that We can use and share such feedback for any purpose without any compensation to You and We are under no obligation to give such feedback confidential.
XVI. Electronic Signatures and Legal Notices.
You agree that any signature or other electronic symbol or process attached to, or associated with an agreement, order form, certificate, or other document between You and Pepper Content with the intent to sign, authenticate or accept the terms of any such agreement, order form, certificate, or other document and any contract formation or record-keeping through electronic means in respect of the Services will have the same legal validity and enforceability as a manually executed signature or use of a paper-based recordkeeping system to the fullest extent permitted under the Applicable Law.
You consent to Us to provide notices to You under these Terms electronically and understand that this consent has the same legal effect as a physical signature.
We may provide notices regarding activity and alerts electronically through Your Account, email, and via text or SMS to the contact information provided to us by You. We will send notices affecting payment and these Terms through your Account or via email and you agree that they will be considered received one (1) day after it is sent. You understand that You may not use the Services unless You consent to receive notices electronically. You may only withdraw consent to receive notices electronically by closing Your Account.
We may send notices to the Users’ mobile phones through text or SMS to the phone numbers You provide to Us. These notices may include alerts about the Services, contracts, order forms, invoices and other documents.
You must maintain an updated web browser, a computer and a mobile device to receive the notices correctly. You are responsible for all costs imposed by internet or mobile service providers for sending or receiving notices electronically.
Contact us immediately via email to [email protected] or [email protected] if you are or believe you are having problems receiving the notices.
XVII. Profile Ownership and Editing Rights
Applicable to Creators and Customers:
We ensure easy access to the Users by providing a tool to update Your profile information. We reserve the right to moderate the changes or updates requested by You and we shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in Your profile. You hereby represent and warrant that You are fully entitled, under Applicable Law, to provide information as part of Your profile or otherwise while using Our Services, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoing representation, We may modify or delete parts of Your profile information at Our sole discretion, with or without notice to You.
Excluding Your Account information, You acknowledge that the Platform, the entire content, Services, and all the intellectual property rights, including copyrights, patents, trademarks, designs, and trade secrets in relation to the above are solely owned by Pepper Content.
Applicable to Organization Accounts:
The terms mentioned apply to Users who access our Platform via an Organization Account. In addition to the above, the Company is entitled to moderate the changes or updates requested by You and We shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in Your profile.
XVIII. Rights and Obligation relating to the usage of the Platform
Users shall be prohibited from carrying out the any illegal acts in the Platform including but not limited to acts mentioned below:
violating or attempting to violate the integrity or security of the Platform;
transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
intentionally submitting on the Platform any incomplete, false or inaccurate information;
directly or indirectly, engage in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
running a coded script/algorithm on the Platform to extract any information or perform any activity. All action on the Platform should be done by human interaction, and machine interaction is strictly prohibited;
circumventing or disabling any digital rights management, usage rules, or other security features of the Platform;
defamation, harassment, abuse, or disruption of a User or a User’s ability to access the Platform;
grossly harming, creating obscene, pornographic, paedophilic, hateful, or racially, ethnically objectionable, or libellous content, invading another's privacy, encouraging money laundering or gambling, trolling, creating propaganda or otherwise unlawful in any manner whatever;
Any unlawful activities in the Platform which are prohibited under Applicable Law.
The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes. In case of non-compliance with any Applicable Laws, rules or regulations, Terms and Conditions or the terms of the Paper Contracts (if any) by a User, we shall have the right to immediately terminate Your access or usage rights to the Platform and Services and to remove non-compliant information from the Platform.
XIX. Intellectual Property Rights
All the brand names, logos, trademarks, design marks, domain names, trade dress and specific layouts of the webpages of the Platform, including without limitation calls to action, text placement, images, technology, content, software and other materials, which appear on the Website, including its looks and feel and other intellectual property owned and /or licensed to the Company, whether registered or unregistered, (“Company IP”) are exclusive property of the Company, its affiliates, partners or licensors, and is protected by laws of India, including laws governing all applicable forms of intellectual property. The Company has the proprietary rights and trade secrets in the Platform and the Services (together with Company IP “Pepper Property”). You shall not, directly or indirectly copy, reproduce, modify, duplicate, re-publish, re-sell or re-distribute any Pepper Property in whole or in part or in any other form whatsoever. The access to the Platform or the Services does not authorize anyone to use any Pepper Property or part thereof, in any manner.
In case of Content Services:
(i) All intellectual property developer by a Creator, alone or jointly with others, and all results and proceeds of the Creator services to or involvement with the Company (collectively “Company IP”) which are made, conceived, developed, reduced to practice or learned by such Creator in the course and scope of their association with the Company, or relating to any subject matter with which such Creator’s work for the Company is concerned, are “works made for hire” and the exclusive property of the Company or the Users (as the case may be). Company may, in its sole discretion, have the right to obtain and own all copyrights (and renewals and extensions thereof) and other intellectual property in such Company IP from the Creators.
(ii) The Content created whilst rendering Content Services to any Customer (“Work”) shall remain the property of Pepper Content, until the Content is accepted by the Customer, delivery of the Content to the Customer, and such transfer of rights does not occur in lieu of consideration payable as per the service agreement executed between the Customer and Pepper Content. The assignment/transfer of rights existing in the Work shall be so assigned or transferred by Pepper Content to the Customer as per the terms stipulated in the services agreement and, till such transfer is effectuated, the Work shall form a part of the Company IP.
Third Party Data
During the course of providing Services, specially CMP Services, the Platform or Peppertype.ai may use the data and information derived from public domain and data and information provided by independent third parties (“Third Party Data”) which is provided “as is”. Pepper Content makes no representation or warranty regarding the accuracy, completeness, or reliability of such public data or Third Party Data. Use of such Third Party Data by the Platform or Peppertype.ai does not grant to the User any right, title, or interest in such data and it shall remain the sole property of the original owner of such content. All intellectual property rights in the Third Party Data are and shall continue to belong to the original owner of the data and such Third Party Data shall not be used for commercial purposes without permission of the original owner.
Notwithstanding anything contained herein, Pepper Content is free to use the general know-how and skills developed by Pepper Content and its Creators using its resources during the performance of the Services (“Residuals”), for any purpose, including use in the development, creation, and maintenance of its Content being created in the course of the provision of its services to other Customers, provided that in no event shall Residuals include any of the Content. Any form of intellectual property rights in the Residuals shall be solely and exclusively owned by Pepper Content.
We respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement, you can write to us at [email protected] or [email protected].
We reserve the right, at any time and with sole discretion, to change, modify, or amend the Terms and Conditions (in whole, or in part) or any of the Platform(in whole, or in part) with notice to You. By continuing to access or use the Platform after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Platform.
The Company offers an email-based support system. In case you require any assistance or support, you may access support resources or contact our support by emailing at [email protected] or [email protected]. The Company shall revert to every complaint within 48 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within thirty (30) days of receipt of the complaint.
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by the Company regarding use of the Services shall not be construed as a warranty.
In the event of any conflict or inconsistency between these Terms and Conditions and any Paper Contract executed with the Company, the terms and conditions of the relevant Paper Contract shall prevail, to the extent of conflict.
XXIII. Interruption or Suspension of the Service
From time to time, the Platform/Services may be unavailable for periods of time for maintenance and / or modifications to the Platform. We strive to keep maintenance down time as brief as possible. However, We cannot guarantee that the Platform/Services will be available to you, and we will not be liable to you for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of your use of the Platform/Services. Further, Pepper Content may change, suspend, or discontinue the availability of any of the Platform/Services at any time, without any notice or liability. In addition, Pepper Content may impose limits on certain features of the Platform or restrict your access to parts or all of the Platform without notice or liability. The Users acknowledge that the charges payable in connection with the Services, may be subject to change, without notice or liability.
Termination/ Suspension of Services:
We have the right to temporarily suspend access to the whole or any part of the Services for any reason whatsoever, as well as during any free trial periods (including but not limited to technical/operational reasons) and shall be under no liability to You in such an event.
Termination/ Suspension of Accounts:
We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions or the relevant service agreement. We have the right (but not the obligation) to refuse to grant access to the Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an Account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
Notwithstanding the foregoing, in the event a Customer terminates their Plan on the Platform, such Customer shall continue to have access to the CMP Services during the subsistence of the Plan so subscribed by the Customer within the remaining Usage Limits.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) Your use or misuse of, or access to, the Services and Platform; (ii) any infringement of third party rights or contravention of applicable law; or (iii) Your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Us in connection therewith.
XXVII. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF THE CMP SERVICES, THE PLATFORM OR PEPPERTYPE.AI, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE USD 100 OR ITS EQUIVALENT, (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
PEPPER CONTENT DOES NOT MAKE ANY REPRESENTATION REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE THIRD PARTY DATA AND SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR IN RELATION TO ANY INACCURACY OR ERROR OF ANY THIRD PARTY DATA.
PEPPER CONTENT SHALL NOT BE LIABLE FOR ANY CLAIMS/LOSSES ARISING FROM (A) USE OF THE PLATFORM OR THE SERVICES BY USERS; (B) COMBINATION OF THE CONTENT WITH ANY HARDWARE, SOFTWARE, GRAPHICS, DATA, OR OTHER MATERIALS NOT COMPATIBLE WITH THE CONTENT; AND (C) CUSTOMER’S USE OF CONTENT.
XXVIII. Exemptions to liability of Company
You further agree and confirm that the Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
Your failure to cooperate;
Your unavailability and/or unresponsiveness;
Your failure to provide accurate and complete information;
Your failure to provide or facilitate the creation/submission of Content in timely manner;
Any event beyond Company’s reasonable control.
You acknowledge and agree that You shall be solely responsible for the legality, accuracy, completeness, or reliability of the Input. You undertake and represent that the Input does not contravene any provisions of the applicable law and does not infringe upon the intellectual property rights of any third parties.
XXIX. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of law provisions. All claims, differences and disputes arising under or in connection with or in relation hereto, the Platform or the Services (“Dispute”), the Terms and Conditions or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and you hereby accede to and accept the jurisdiction of such courts.
XXX. Arbitration and class action waiver
If after 30 (thirty) days of consultation, the User(s) and Pepper Content (“Disputing Parties”) fail to reach an amicable settlement, on any or all of the Disputes, such Disputes shall be submitted to final and binding arbitration at the request of any of the Disputing Parties upon written notice to that effect to the other Disputing Party. In the event of such arbitration:
The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 (which is deemed to be incorporated into these Terms by reference);
All proceedings of such arbitration shall be in the English language. The venue and place of the arbitration shall be Mumbai, which shall be the seat of the arbitration;
The arbitration shall be conducted by a sole arbitrator appointed jointly/collectively by the Disputing Parties. In the event that the Disputing Parties are unable to agree on a sole arbitrator within 15 (fifteen) days following submission of the Dispute to arbitration, the sole arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996;
The arbitrator’s award shall be substantiated in writing. The tribunal shall also decide on the costs of the arbitration proceedings which, until decided, shall be borne equally by the Disputing Parties. In case the arbitrators have not decided on the costs of the arbitration proceedings, each Disputing Party shall bear its own costs, in relation to the arbitration proceedings and the cost of arbitration proceedings including fees of arbitrators shall be borne equally by the Disputing Parties;
The existence or subsistence of a Dispute between the Disputing Parties, or the commencement or continuation of arbitration proceedings, shall not, in any manner, prevent or postpone the performance of those obligations of the Disputing Parties under these terms and conditions or any contract currently subsisting between the Disputing Parties which are not in Dispute; and
By accepting these Terms and Conditions, You agree to waive Your right to bring or participate in a class action lawsuit against us. Neither You nor We may be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding.
The Terms and Conditions are the entire agreement and understanding between You and the Company with respect to the Services and usage of the Platform.
If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The Terms and Conditions are personal to You, and are not assignable or transferable by You except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or one (1) days after it is sent, if sent for next day delivery by recognized overnight delivery service.
XXXII. Grievance Redressal Mechanism
Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated grievance officer as mentioned below via in writing or through email signed with the electronic signature to:
Email ID : [email protected]
Each such discrepancy or grievance shall be provided a ticket number which may be accessed on the Platform to track the status thereof.
If you have any questions regarding the Services or usage of the Platform, please contact Company at [email protected] or [email protected]. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.