End User License Agreement and Privacy Policy

These terms constitute an agreement between You and Acharya Brothers Computing Inc. having offices at 43611 Pickett Corner Terrace, Ashburn, VA, United States -20148 and its direct and indirect affiliates, collectively the entity that owns, manages and controls the website www.incubatize.com and its other sub-domains including the software and Materials appearing on the said Website (other than the End Users Contents). Access or use of the website www.incubatize.com and/or any of sub-domains including but not limited to https://app.incubatize.com and/or service provided therein (hereinafter “Incubatize”) for which You seek registration constitutes your acceptance of this Agreement. If You do not agree to abide by the terms and conditions of this Agreement, please do not register for or otherwise access or use these Website.

incubatize may change any of the terms in this Agreement at any time. Changes will become effective upon posting on the websites. If You do not wish choose to accept the changes to the terms of this Agreement, You may cancel your access to the relevant website as described below herein. Continued use of www.incubatize.com and/or any of its sub-domains accessed through Your incubatize Account constitutes Your acceptance of the terms of the modified Agreement.

1. The Website

incubatize offers digital assets and services through its website www.incubatize.com including its sub-domains available through the Internet that require end user registration. This Agreement refers to these digital assets, including software, products, applications or other services offered in connection with incubatize web properties, collectively as "the Website".

2. Ownership of the Information, Materials and Software of the Website

You expressly acknowledge and agree that (a) the Website contains software, information, text, photos, video, graphics, music, sounds and other material (called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"); (b) all right, title and interest in and to these Materials (other than the End User’s materials) and Intellectual Property Rights solely and exclusively belong to Incubatize; and (c) these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later.

3. Use of the Materials of the Website

incubatize grants a limited nonexclusive, personal, non-transferable and non-sub licensable license to all registered users of the Website to use the Website Materials including software. Registered Users may use the Website for uploading, linking and adding their own contents which are accessible to other Registered Users of the Website. Your Login Credentials (username and password), may not be shared with others or otherwise disclosed to unauthorized third parties for any purpose whatsoever.

4. Availability of the Website and the Materials.

incubatize may at any time, with or without notice to You, restrict the use and accessibility of the Website as well as limit the duration and amount of use made of the Website. Other than periodic restrictions for the purposes of routine maintenance, such restrictions are typically only made in extraordinary circumstances which are beyond Incubatize’s control. incubatize may change or discontinue any portion or feature of the Website at any time with or without notice to You; however, it will make reasonable efforts to provide You notice of significant changes to the Website when feasible and provide alternative materials if substantial portions of the Website are removed.

5. Third Party Websites and Content.

incubatize assumes no responsibility for any materials or contents posted by End Users on the Website or accessed on the Website through hypertext or other computer "links" to sites hosted by third parties that are outside of Incubatize’s control (“End User or Third-Party Contents”). incubatize does not endorse ideas, products, services or information provided by the End Users and such third parties and 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 or reliance on any content, idea, goods or services available on or through any End User or Third Party Contents or otherwise posted by End Users on the Website.

6. End User Content.

6.1. The Website may provide functionalities for users to upload or post, ideas, information, data, text, software, music, sound, photographs, graphics, video, messages, and other materials or submissions ("End User Content"). You should only post End User Content that is Your own original work or for which You have otherwise obtained the necessary right or permission to publicly broadcast. The views and opinions expressed in any End User Content do not necessarily reflect those of Incubatize. The end user who posted the End User Content is solely responsible for such End User Content. You acknowledge that incubatize does not pre-screen End User Content. incubatize and its designees reserve the right (but not the obligation) at their sole discretion to monitor, refuse to post, or remove any End User Content for any reason. incubatize reserves the right to terminate Your access to the Website to prevent further posting of prohibited End User Content.

6.2. incubatize does not guarantee the accuracy, integrity or quality of End User Content and disclaims all liability for any errors, omissions, violation of third-party rights or illegal conduct arising from End User Content posted, emailed or otherwise transmitted via the Website.

6.3. prohibited End User Content. You agree not to upload, post, and email or otherwise transmit any End User Content that:

6.3.1 is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, indecent, offensive, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or objectionable;

6.3.2 you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6.3.3 infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

6.3.4 contains software viruses or other contaminating or destructive devices, features or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or provides information relating to or otherwise facilitating the use of malware or other destructive materials or mechanisms;

6.3.5 Contains advertising or promotional material of any kind;

6.3.6 Contains a third party’s Personal Information;

7. Incubatize’s Use of End User Contents.

By posting End User Content on the Website, You grant incubatize a perpetual license to host, transmit and make available such End User Content for the purposes for which it is posted. You acknowledge and agree that incubatize reserves the right to preserve End User Content as long as the end user maintains an account at the Website, and for a reasonable time thereafter. You acknowledge and agree that incubatize further reserves the right to disclose End User Content in association with Your Personal Information if required to do so by law or based on the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service hereunder; (c) respond to claims that any End User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Incubatize, its users and the public.

8. Restrictions on Use of the Website.

You agree not to use the Website to:

8.1. upload, post, email or otherwise transmit any prohibited End User Content described in Section 6 or otherwise violate this Agreement.

8.2. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; including using another person’s Login Credentials.

8.3. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form solicitation;

8.4. use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website;

8.5. obtain or attempt to obtain through any means any Materials, End User Content, or any other data, content, software or code available on or through the Website (“Website Content”) that have not been intentionally made publicly available either by their public display on the Website or through their accessibility by a visible link on the Website;

8.6. violate any measure employed to limit or prevent access to the Website or Website Content;

8.7. violate the security of the Website or attempt to gain unauthorized access to the Website, Website Content, or computer systems or networks connected to any service of the Website through hacking, password mining or any other means;

8.8. interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any Website Content prior to the time that it is intended to be available to the public on the Website;

8.9. take or attempt any action that imposes or may impose an unreasonable or disproportionately large load or burden on the Website or the infrastructure of the Website;

8.10. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges or to normally post messages, articles, or submissions;

8.11. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;

8.12. violate any applicable local, state, national or international law or the rules or other policies of Your institution or other organization;

9. incubatize’s Privacy Policy for Disclosure of Personal Information

9.1. For the purposes of this Agreement, “Personal Information” means information collected by incubatize on this Website or otherwise provided by You which contains identifiable information such as Your name, email, physical address, username, password, social security number, financial account numbers, and/or tax, social insurance, or other national identification number.

9.2. Collection, Use and Disclosure of Personal Information. incubatize will not disclose Personal Information associated with Your use of the Website to any third parties. By accepting this Agreement, you acknowledge and agree that incubatize may collect, use and disclose Your Personal Information as permitted and/or required by local privacy regulations applicable to You. By accepting the terms of this Agreement, You explicitly consent to the following uses and disclosures of Your Personal Information (to the extent applicable to You) for the purposes stated herein:

(a) Personal Information may be disclosed to and collected, used and/or stored by Incubatize, and may be transferred to its affiliates and/or authorized vendors (vendors that provide services on our behalf subject to the restrictions of this Privacy Policy) for the purposes of hosting, maintaining and supporting the Website, providing technical and customer support, processing payment, and managing and administering our business. incubatize takes reasonable contractual, technical and procedural measures to protect Personal Information and comply with applicable local laws and regulations while it is being processed, handled and/or stored by incubatize or its vendors.

(b) Personal Information may also be collected, used, stored and disclosed in connection with the proposed or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of incubatize or its business or assets, for the purposes of evaluating and/or performing the proposed transaction. Assignees or successors of incubatize or its business or assets may use and disclose Your Personal Information for similar purposes as those described in this Privacy Policy.

(c) When You post or otherwise communicate any of Your Personal Information within teams, forums, communities, application rosters, directories and/or other communication tools within the Website that facilitate engagement among end users, Your consent to disclosure is implied and incubatize shall not be responsible for any further disclosures which may result from such posting.

(d) In the event that incubatize or law enforcement authorities have reasonable basis to suspect that You are engaging in, or attempting to engage in illegal conduct, misappropriation of password access, violations of this Agreement or other applicable Terms of Use, misconduct or other conduct prohibited by Your institution or workplace, Personal Information may be disclosed to Your institution, its administration and/or law enforcement or other regulatory officials in order to facilitate the investigation of the suspected misconduct.

9.3. Statistical Data. Some activities within the Website may request users to submit information that is tabulated and stored in a database. The data obtained is used to produce statistics that are integral to these activities. Anywhere the requested data is personal in nature, a user’s specific responses remain confidential and are not associated with name or e-mail address in any way. By participating in an activity that uses information entered by end users for statistical analysis within the activity, You are giving us consent to include Your data in the study.

9.4. Marketing. incubatize reserves the right to use Personal Information to market its products (i.e. contact users for participation in teams, groups, seminars, or product reviews, or provide information on complimentary or upgrade products) only to users who have opted in to receive marketing information from Incubatize. incubatize does not sell such Personal Information to any third party.

9.5. Access, Correction and Contacting Us. If You wish access or correct Personal Information provided in connection with this Website, You may either make such changes directly by modifying your incubatize Account Profile or you may email or write to us. Your right to access or correct Personal Information is subject to applicable legal restrictions. incubatize may take reasonable steps to verify Your identity before granting access or making corrections. If You wish to make inquiries or complaints or have other concerns about our Personal Information practices (including regarding the transfer of Personal Information to other jurisdictions), You may email or write to us as described above.

9.6. Use of "Cookies". You acknowledge and consent to the use of “cookies” in connection with Your activity on the Website. These cookies are retained for as long as You are registered for a Website. Cookies are alphanumeric identifiers that we transfer to Your computer’s hard drive through Your web browser when You visit and revisit the Website. Cookies permit us and our service providers to track the pages You visit and the content You view and are necessary for the proper functioning of this Website. Although the information collected through cookies is not itself considered Personal Information, such information may enable us to relate Your use of the Website to other information we have collected about You, including Personal information. If You do not want us to be able to store cookies on Your hard drive, Your browser’s help section should be able to tell You how You can disable or filter cookies and how to arrange for Your browser to tell You when You’ve been sent a new cookie. Disabling certain cookies may, however, limit Your ability to use this Website or certain features of the Website.

9.7. Collection of IP Addresses. When You sign in to the Website, some information such as Your Internet Protocol (IP) address, Internet service provider, operating system, the service from which You arrived, and the time and date of Your visit may be collected automatically as part of the software operation of this environment. This information, while not itself Personal Information, will be linked to You personally through the sign-in process. This information is not visible or accessible to other users of the Website, but is tracked and used by incubatize for administrative purposes and to improve the Website service.

9.8. Nature of Data on the Internet. Due to the complexity and open nature of the Internet, there is always a risk that information collected and/or displayed on the Website may be compromised or accessed notwithstanding the implementation of stringent data security measures by Website. To mitigate such risks, You should (a) use secure usernames and passwords and carefully protect them from disclosure; (b) restrict Your access of the Website to secure networks; and (c) implement updated internet security and virus protection software on Your computer system. Should You suspect that Your computer’s security has been compromised or that Your username or password may have been have been accessed by a third party, please contact us. Also, change Your username and password immediately through Your Account Profile.

9.9. Cross-Border Transfer of Data. The Personal Information provided to incubatize in connection with this Website will be stored on servers of Incubatize’s affiliates and/or authorized vendors and will be accessible by authorized employees, agents and contractors of incubatize and its affiliates and authorized vendors. Due to the global nature of the Website, Personal Information may be transmitted, stored and processed in a country other than the one in which You reside (“Resident Jurisdiction”), including primarily in the United States, the European Union and India. Reasonable contractual or other measures incubatize may take to protect Your Personal Information while outside the Resident Jurisdiction are subject to applicable foreign legal requirements, for example, lawful requirements by governmental authorities or court order to disclose Personal Information to government authorities in the countries in which such data may be stored or processed. IF YOU RESIDE IN THE EUROPEAN UNION, CANADA OR OTHER JURISDICTION WITH SIMILAR DATA TRANSFER REGULATIONS, BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU EXPLICITLY CONSENT THAT THE PERSONAL INFORMATION YOU PROVIDE MAY BE TRANSFERRED AND STORED IN COUNTRIES OUTSIDE THE EU, CANADA OR YOUR RESIDENT JURISDICTION, INCLUDING THE UNITED STATES. IF YOU FAIL TO PROVIDE YOUR CONSENT, YOU WILL NOT BE PERMITTED TO ACCESS THE SERVICES FOR WHICH REGISTRATION IS REQUIRED. YOUR PERSONAL INFORMATION SHALL ONLY BE USED IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

9.10. Privacy Policy Changes. This Privacy Policy may be revised from time to time. If we intend to use or disclose Personal Information for purposes materially different than those described in this policy, we will make reasonable efforts to notify You by posting updates on the Website.

10. Your Other Responsibilities Concerning Registration for the Website.

10.1. By registering for the Website under this Agreement, You certify to incubatize that: (a) the information You have provided to incubatize in order to register as an end user is complete, accurate and current; (b) You will notify incubatize within 15 days of any change in Your registration information; (c) that you consent to the receipt of any notice or process at the email and/or mailing addresses provided by You; and (d) that You will not share Your username and password except as expressly authorized under the terms of Your license.

10.2. If any of these certifications is or becomes untrue, or if You do not comply in full with these requirements, incubatize has the right to suspend and/or terminate Your access to the Website.

10.3. You are also responsible for obtaining and using all computer hardware and software required for Your access to and use of the Website and for any charges incurred for Your own access to the Website through an Internet access provider or other third-party website.

10.4. You are responsible for all uses of the Website through Your username and password, whether the use is made by You personally or by someone else. You are responsible for protecting and securing Your username and password from unauthorized use and disclosure. In the event that You become aware of or believe there has been any breach of the Website, such as the theft or unauthorized use of Your username and password, You will notify us immediately by contacting us.

10.5. incubatize may, in its sole and absolute discretion, and with or without notice, suspend Your access to all or any part of the Website, or terminate this Agreement and thus Your rights to use the Website, for any conduct or use (whether by You or anyone else having access under Your username or password) that incubatize believes is a violation of this Agreement or for any other conduct or use that incubatize believes is harmful to other end users, content providers, or to the Website or the interests of Incubatize.

11. Disclaimer of Warranties.

11.1. INCUBATIZE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SOFTWARE ACCESSIBLE THROUGH THE WEBSITE ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, INCUBATIZE DISCLAIMS ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING OR RELATING TO PRODUCTS OR WEBSITES FURNISHED TO LICENSEES UNDER THIS AGREEMENT OR IN CONNECTION WITH THE WEBSITE. INCUBATIZE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE WEBSITE WILL BE AVAILABLE OR ERROR FREE OR WHETHER ANY INFORMATION ON THE WEBSITE OR ANY WEBSITE WITH WHICH THIS WEBSITE IS LINKED IS ACCURATE, COMPLETE, OR CURRENT. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF THE INFORMATION, OPINOINS, AND OTHER MATERIALS INCLUDED ON THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

11.2. You expressly agree that Your use of the Website is at Your sole risk. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by an incubatize employee or other representative or otherwise, which is not contained in this Agreement shall be deemed to be a warranty by incubatize for any purpose or give rise to any liability of whatsoever nature and You agree that You will not rely on any such statement, information or advice.

12. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACHARYA AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, VENDORS, AND CONTRACTORS SHALL IN NO EVENT BE LIABLE FOR ANY CLAIMS, CHARGES, DEMANDS, DAMAGES, LOSSES, EXPENSES OR OTHER LIABILITIES OF WHATEVER NATURE ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE – INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS CAUSED BY YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED ON THE WEBSITE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS OR WEBSITES, OR OTHER LOSSES OF ANY KIND OR CHARACTER RELATED TO YOUR USE OF THE WEBSITE -- EVEN IF ACHARYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR DATA BACK-UP AND VIRUS-CHECKING AS YOU CONSIDER NECESSARY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

13. Indemnification by You.

To the fullest extent permitted by law, You agree to defend, indemnify and hold harmless incubatize and its Related Parties from and against any and all claims, charges, demands, damages, losses, expenses, and liabilities of whatever nature and howsoever arising (including, but not limited to, any legal or other professional fees and the costs of defending or prosecuting any claim), incurred or suffered by incubatize and/or its Related Parties, directly or indirectly, by reason of any act or omission which You or any of Your agents, contractors, employees or representatives commit in breach of this Agreement or in violation of any third-party rights or any laws or regulations that may apply to Your use of the Website or any Website Content.

14. Compliance with United States Export Requirements.

This Agreement and Your use of the Website are subject to any laws, regulations, orders or other restrictions on export from the United States of America, of certain materials and technical data which may be imposed from time to time by the U.S. Government. Therefore, You will not transfer, directly or indirectly, by electronic means or otherwise, any Website Content, or any direct products thereof, to any country, or to any agent, representative, or foreign national of any country, for which the U.S. Government or any agency thereof requires an export license or other governmental approval at the time of export without first obtaining such license or approval. Pursuant to current restrictions of the U.S. Government, nationals of Cuba, Iran, Myanmar (Burma), North Korea, Sudan and Syria may not use or access the Website or Website Content at this time.

15. This Agreement is personal to You, and You may not assign, transfer or delegate Your rights or obligations under this Agreement to anyone. incubatize may assign or delegate its rights or obligations under this Agreement.

16. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remainder of this Agreement shall remain valid and enforceable according to its terms.

17. This Agreement is the entire agreement between incubatize and You with respect to the Website. Headings in this Agreement are for Your convenience only and do not have any legal meaning or effect. If incubatize waives or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by Your or Incubatize’s conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses. In addition to being a part of the registration form, this Agreement resides on the Website under the “License Agreement” link so that You may reference it at any time.