TOBU TERMS OF SERVICE

Effective date: 19 June 2019


Welcome to TOBU. Please read these Terms carefully. By accessing and using TOBU and accepting these Terms, you agree to be legally bound by these Terms. If you do not agree with one or more provisions of the Terms, you should not use TOBU. Please contact us if you have any concerns regarding the Terms.


Table of Contents

1. General information 2

2. Your Account 2

3. Fees and payments 3

4. Your Content 4

5. Acceptable use policy 6

6. The Services 7

7. TOBU’s Content; Intellectual property 7

8. Security 8

9. Optional third-party tools 8

10. Third-party links 9

11. Your comments, feedback and other submissions 9

12. Errors, inaccuracies, and omissions 9

13. Disclaimer of warranties; Limitation of liability 10

14. Indemnification 10

15. Severability 10

16. Term and termination 10

17. Entire agreement 11

18. Governing law and jurisdiction 11

19. Amendments 11

20. Miscellaneous 11

21. Contact information 12


1. General information

1.1 The website https://www.tobu.cloud and the related software applications (collectively, “TOBU”) are operated by EdWave India Private Limited having a registered place of business at A-9, Dwaraka, Varsha Park, Baner Road, Baner, Pune, Maharashtra, 411045 India (“EdWave India”, “we”, “us”, and “our”). EdWave India offers TOBU, including all information, tools and services available from TOBU to you, an individual user or entity (the “user”, “you”, and “your”), conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Terms of Service (the “Terms”).

1.2 By accessing and using TOBU, registering your user account, or using any services provided through TOBU (the “Services”), you agree to be legally bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of TOBU, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

1.3 About TOBU. TOBU is a software-as-a-service platform, which allows recruiters to synchronize, organize, manage, and coordinate resumes submitted by candidates to an employment position.

1.4 License to use TOBU. We grant you a personal, revocable, non-exclusive, non-transferable and limited license to use TOBU pursuant to these Terms.

1.5 Minors. TOBU is not marketed and should not be used by persons under the age of 18.

1.6 Disclaimer. Although we regularly monitor the information available on TOBU, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of the information available on TOBU, neither provided by us nor by the users of TOBU.

1.7 Support. Any requests for customer or technical support should be addressed to us by email at support@tobu.cloud.

1.8 Other relevant terms. Other documents that include important provisions regarding your use of TOBU are:

Our privacy policy available at https://www.tobu.cloud/privacy (the “Privacy Policy”);

Our cookie policy available at https://www.tobu.cloud/cookie_policy;

Our data processing agreement available at https://www.tobu.cloud/DPA.pdf that is incorporated by reference into these Terms (by accepting these Terms, you automatically conclude the data processing agreement); and

Other individual terms and conditions made available by us through TOBU.


2. Your Account

2.1 Registration of the Account. To use the full functionality of TOBU, you are requested to register a user account on TOBU (the “Account”). When registering or updating your Account, you must provide certain personal data, such as your full name, company name, a valid e-mail address, phone number, address, and any other information requested in order to complete the signup process. When signing up for a paid Account or upgrading a free Account to a paid Account, you must also provide your correct billing information. Before creating your Account, you will be requested to read and accept these Terms and review the Privacy Policy. The personal data related to your Account will be processed in accordance with our Privacy Policy. Your Account is not transferable and you are solely responsible for any activities occurring through your Account.

2.2 Your warranties. By registering your Account, you acknowledge, agree, and warrant that:

You will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of TOBU;

You will provide only true, accurate, complete, and up-to-date personal data;

You will update your Account as soon as any changes to your personal data or other information occur;

You are at least 18 years old;

You can conclude legally binding contracts with us;

You are legally authorized to act on behalf of the entity to which you refer.

2.2 Security of the Account. Accounts registered or automated login attempts by “bots” or other automated methods are not permitted. Your login details may only be used by one person and a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your Account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You agree not to share your password with any other person or entity; violation of this provision will be a material breach of these Terms and may result in immediate cancellation of your Account. You agree to notify us immediately of any actual or suspected loss, theft, or unauthorized use of your Account or password. Failure to do so shall constitute a material breach of these Terms, which may result in immediate termination of your Account.

2.3 You are responsible for all Your Content (as defined in Section 4 of the Terms) posted and activity that occurs through or under your Account (even when Your Content is posted by others). Any fraudulent, abusive or authorized activity may be grounds for termination of your access to TOBU and may be grounds for potential liability against you.

2.4 Deactivation of your Account. At any time, you may delete your Account through the “Settings” functionality of your Account. Upon deactivation of the Account, these Terms shall terminate.

2.5 Suspension and termination of your Account. We reserve the right to suspend or terminate your Account if, at our sole discretion, we have grounds to believe that your use of TOBU seriously and repeatedly breaches these Terms. We may also suspend or terminate your Account upon a lawful request of a public authority.


3. Fees and payments

3.1 The Fees. Certain Services provided through TOBU are subject to recurring monthly subscription fees (the “Fees”) and, by upgrading your Account, you agree to pay such Fees. For more information on the Fees applicable on the date on which you accept these Terms, please visit https://www.tobu.cloud/pricing. Your Fees are automatically charged on a monthly basis, until cancelled by you through the Account. The Fees are indicated in the United States dollars (USD). Unless otherwise stated in the schedule of the Fees, you are responsible for paying all applicable taxes. The Fees remain valid as long as they are indicated on TOBU, communicated to you in writing by email or other means, or as long as your subscription plan lasts. The Fees are subject to change without a prior notice. Any of such changes will be made available on TOBU and, if necessary, we will request you to provide your consent to the changes of the Fees.

3.2 Cancelling the Fees. If you would like to cancel your upgraded Account and stop paying the Fees, please submit your request for downgrade through you Account before then-current billing period expires. Unless you request otherwise, the cancellation of the Fees will become effective at the end of then-current billing period.

3.3 Payment. All payments related to TOBU, including the Fees, will be processed by our third-party payment processors 2Checkout and Razorpay (collectively, the “Payment Processors”). You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the Payment Processors refused the payment for any other reason. Please note that the Payment Processors may collect from you some personal data, which will allow them to make the payments requested by you. The Payment Processors handle all the steps in the payment process on their websites, including data collection and data processing. We do not store your credit card details in our systems.

3.4 Concluding a service contract. If you would like to order paid Services, you must (i) register the Account by submitting the required personal data, (ii) click on the button “Upgrade”, (iii) choose the payment plan of your preference, and (iv) provide the required payment information. You will be able to identify and correct any input errors prior to clicking on the “Pay Now” button. After you click on the button “Pay Now”, you will receive a confirmatory email informing you about your order. By clicking on the button “Pay Now” and receiving a confirmatory email, you conclude a service contract in English between you and us on the basis of these Terms. The details of the specific service contract will not be filed by us and, therefore, the specific contract will not be available to you. However, if you do require any information regarding your order, you can consult your Account or contact us by using the contact details mentioned at the end of the Terms.

3.5 Refunds. If you are not satisfied with the Services and we cannot address your concerns, you have the right to request us to issue a refund for the Fees paid by you, excluding any free of charge bonuses and credits gifted by us. You are entitled to claim a refund within the period of 30 days after the service contract was concluded (e.g., you paid the subscription Fees for the upgraded Account). In order to terminate your service contract and receive a refund, you must send us your request for a refund by email at support@tobu.cloud. We will send you a feedback form that you must complete and return to us. After receiving the completed feedback form, we will issue the requested refund within 14 days by using the same payment method that you used to pay for the upgraded Account, unless requested otherwise by you.

3.6 Taxes. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for the payment of all such applicable taxes, levies, or duties.

3.7 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel purchased Services. These restrictions may include orders placed by or under the same Account and/or the same credit card. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email at the time the order was made.

3.8 You agree to provide current, complete and accurate purchase and Account information for all purchases made on TOBU. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


4. Your Content

4.1 TOBU may only be used to transmit and store resumes (or CVs), files associated with the process of hiring candidates to an employment position (the “Candidates”), job descriptions, emails, messages, comments, and any other materials with respect to the foregoing (collectively, “Your Content”). You may not upload advertisements or any other materials that do not fall within the definition of Your Content or transmit unsolicited information, materials or data (including, without limitation, “spam” messages).

4.2 You acknowledge and agree that, if you use any part of TOBU to contribute Your Content, we will have a non-exclusive, perpetual, worldwide, royalty-free, freely transferable right, under all of your intellectual property rights, to copy, cache, publish, display, perform, distribute, translate and store Your Content and to allow others to do so, to the extent necessary for the provision of the Services. You warrant, represent and agree that you have the legal right the right to grant us the rights set forth above.

4.3 You represent, warrant and agree that you will not contribute Your Content that:

Infringes, violates or otherwise interferes with any copyright or trademark of another party;

Reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it;

Infringes any intellectual property right of another or on the privacy or publicity rights of another;

Is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party;

Contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; or

Remains posted after you have been notified that Your Content violates any of sections (a) to (e) of this sentence.

4.4 We reserve the right to remove Your Content from TOBU, suspend or terminate your right to use the Services at any time, or pursue any other remedy or relief available to us under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.

4.5 You agree not to submit any User-Generated Content that violates these Terms or any applicable laws. You understand and agree that, in order to ensure the security of TOBU, we may screen Your Content (although we do not regularly do so). We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove Your Content, in whole or in part, that violates these Terms or may harm the reputation of TOBU.

4.6 You are not allowed to post Your Content that infringes someone else’s rights. For example, you are not allowed to make publicly available personal data of persons who have not provided you with their prior authorization or consent to share that personal data, unless such personal data has already been made publicly available.

4.7 Your Content includes your personal views and recommendations. None of such content reflects our views or any commitments related thereto.

4.8 You understand that TOBU can be used for transmission of Your Content, and that during processing, Your Content may be transferred unencrypted over the Internet, and you consent to such unencrypted transmission. You understand that Your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.


5. Acceptable use policy

5.1 You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of TOBU.

5.2 You must not transmit any worms or viruses or any code of a destructive nature. If your bandwidth usage is excessive (as determined solely by us), in order to protect the responsiveness of the service for all users of TOBU, we reserve the right to throttle your usage or disable your Account until you can reduce your bandwidth consumption.

5.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on TOBU through which the Services are provided, without express written permission by us.

5.4 Prohibited use. You are not permitted to use TOBU in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):

Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;

Fraud;

Provision of false, inaccurate, or misleading information;

Dissemination of information about the acts, including pranks and challenges, that may result in injuries and physical harm;

Posting of Your Content that depicts or incites others to commit acts of violence;

Provision of Your Content that depicts children or may cause emotional distress to children;

Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;

Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;

Spreading ethnically, racially, or otherwise objectionable information;

Sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behavior and terrorism-related content;

Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;

Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening TOBU;

Interfering with or abusing other users of TOBU;

Using bots and other automated methods; and

Collecting and disclosing any information about other users of TOBU.

5.5 Reporting inappropriate content. If you think that some of the content available on TOBU is inappropriate, infringes these Terms, applicable laws, or your right to privacy, please contact us immediately at support@tobu.cloud and report the content that is, in your opinion, inappropriate.

5.6 Removing Your Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, and temporarily or permanently remove any of Your Content that violates these Terms. If any content is reported as inappropriate, we will immediately delete such content from TOBU.

5.7 A breach or violation of any of the Terms will result in an immediate termination of your use of TOBU.

5.8 TOBU, including but not limited to the look and feel of the Services, is copyright © 2019 EdWave India Private Limited; All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of TOBU without express written permission from us. In cases in which such permission is given, all copyright and “powered by” notices, images and texts (“notices”) in rendered pages and outgoing emails must be present. The location of the notice on the page may be altered so long as the notice remains clearly visible.


6. The Services

6.1 We reserve the right, but are not obligated, to limit the provision of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. All descriptions of the Services and their pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Services at any time.

6.2 We do not warrant that the quality of any Services, information, or other material purchased or obtained by you through TOBU will meet your expectations, or that any errors in the Services will be corrected.

6.3 Any new features or tools which are added to TOBU shall also be subject to these Terms.

6.4 We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.


7. TOBU’s Content; Intellectual property

7.1 TOBU and its contents are intended solely for the use of TOBU users and may only be used in accordance with these Terms.

7.2 All materials displayed or performed on TOBU, including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video animations, trademarks, service marks, and trade names (collectively, “TOBU’s Content”) are the property of EdWave India and/or third parties and are protected by intellectual property laws and international treaties.

7.3 You shall abide by all copyright notices, information, and restrictions contained in any TOBU’s Content accessed.

7.4 Except as explicitly permitted in these Terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of TOBU’s Content, software, materials, or the Services in whole or in part, without obtaining our prior authorization. You are not allowed to use any manual or automated means to scrap TOBU’s Content.

7.5 You may download or copy TOBU’s Content for the use within the scope of the Services, and provided that you maintain all copyright and other notices contained in such TOBU’s Content. You may not make multiple copies of TOBU’s Content or otherwise distribute or transmit TOBU’s Content to any other person or entity.

7.6 Some of the intellectual property assets featured on TOBU may be owned by third parties. Such third-party intellectual property does not belong to us and it remains the sole property of the respective third-party proprietors.

7.7 We are not responsible if information made available on TOBU is not accurate, complete or current. The material on TOBU is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on TOBU is at your own risk.

7.8 Copyright infringement claims. We respect intellectual property rights. If you have any grounds to believe that any content made available through TOBU violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will investigate your request and reply to your copyright infringement claim as soon as possible. Before sending your claim to us, please make sure that you SIGN it and include the following information:

Identification with sufficient detail of the copyrighted work that you believe has been infringed;

Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;

Your contact details allowing us to respond to your claim;

The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and

The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.

7.9 If we have reasonable grounds to believe that any content featured on TOBU breaches intellectual property rights of others, we will remove such content from TOBU without undue delay.


8. Security

8.1 Our security measures. We take appropriate security measures, such as encryption, SSL protocol, strong password protection for our servers and databases, limited data stored on our servers, programmed access right restrictions, IP address level security, and limited access to your personal data by our staff, and anonymization of personal data (when possible), to protect the information we store on TOBU against unauthorized access.

8.2 Avoiding phishing and scam. Phishing is an online scam that aims to trick someone into giving up their personal data, such as credit card numbers, social security/national ID numbers, or other financial data. Usually, when scammers have that information, they will then use it to steal your money, property or identity. You agree not to disclose any financial information through TOBU, unless required by us to process your payment, or make any wire transfers to other users of TOBU outside TOBU.

8.3 Security incidents. Given the nature of communications and information processing technology and the Internet, we cannot be liable for any security incidents, cyber attacks, data breaches, and unlawful destruction, loss, use, copying, modification, leakage, and falsification of any personal data caused by circumstances that are beyond our reasonable control. In case a security incident occurs, we will inform relevant authorities without undue delay and immediately take reasonable measures to mitigate the incident, as required by the applicable law. Our liability for any security incidents will be limited to the highest extent permitted by the applicable law.


9. Optional third-party tools

9.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

9.2 Any use by you of optional tools offered through TOBU is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).


10. Third-party links

10.1 Third-party links available on TOBU may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

10.2 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.


11. Your comments, feedback and other submissions

11.1 If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, the “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation to: (i) maintain any comments in confidence; (ii) pay compensation for any comments; or (iii) respond to any Comments.

11.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

11.3 You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of TOBU.

11.4 You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.


12. Errors, inaccuracies, and omissions

12.1 Occasionally, there may be information on TOBU that contains typographical errors, inaccuracies or omissions that may relate to the Services, descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on TOBU is inaccurate at any time without prior notice (including after you have submitted your order).

12.2 We undertake no obligation to update, amend or clarify information on TOBU, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied to TOBU should be taken to indicate that all information on TOBU has been modified or updated.


13. Disclaimer of warranties; Limitation of liability

13.1 We do not guarantee, represent or warrant that your use of TOBU will be uninterrupted, timely, secure or error-free. We also do not warrant that the results that may be obtained from the use of TOBU will be accurate or reliable.

13.2 By using TOBU, you agree that, from time to time, we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.

13.3 You expressly agree that your use of, or inability to use, TOBU is at your sole risk. The Services delivered to you (except as expressly stated by us) are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

13.4 In no case shall EdWave India, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of TOBU, or for any other claim related in any way to your use of TOBU, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content posted, transmitted, or otherwise made available through TOBU, even if advised of their possibility.

13.5 Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our aggregate liability shall be limited to the total amount of the Fees paid by the User within the time period of 12 months preceding the event giving rise to liability.


14. Indemnification

14.1 You agree to indemnify, defend and hold harmless EdWave India and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


15. Severability

15.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.


16. Term and termination

16.1 These Terms enter into force on the effective date indicated at the top of the Terms and remain in force until updated or terminated by us or until you stop using TOBU.

16.2 You may terminate these Terms at any time by notifying us that you no longer wish to use our Services (e.g., deleting your Account), or when you cease using TOBU.

16.3 If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we reserve the right to:

Send the user a formal warning;

Temporary suspend your Account;

Delete you Account;

Temporarily or permanently prohibit your use of the Services;

Report you to the relevant public authorities; or

Commence a legal action against you.


17. Entire agreement

17.1 The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.2 These Terms and any policies or operating rules posted by us on TOBU or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of TOBU, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

17.3 Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.


18. Governing law and jurisdiction

18.1 These Terms and any separate agreements whereby we provide you with regard to the Services shall be governed by and construed in accordance with the laws of the state of Maharashtra, India.

18.2 You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with EdWave India. If the dispute cannot be not resolved by means of negotiation, the dispute shall be submitted to the exclusive jurisdiction of the courts in Pune, Maharashtra, India.


19. Amendments

19.1 You can review the most current version of the Terms at any time on this page.

19.2 We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes on TOBU. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of TOBU, or our business practices. We will send you a notification (if we have your email address) about any material amendments to the Terms that may be of importance to you.

19.3 It is your responsibility to check this page periodically for changes. Your continued use of or access to TOBU following the posting of any changes constitutes acceptance of those changes.


20. Miscellaneous

20.1 Headings. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

20.2 Merger or acquisition. In the event EdWave India, during the term of these Terms, is acquired, merged, or sells all or substantially all of its assets, these Terms shall not automatically be terminated and EdWave India agrees to use its best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.

20.3 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by deleting the Account, cancelling the Fees, and stopping to use TOBU.

20.4 Availability. We put reasonable efforts to ensure that TOBU is always accessible to you. However, the availability of TOBU may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, or force majeure events. We take no responsibility for the unavailability of TOBU caused by such factors.


21. Contact information

Any of your questions and notices regarding these Terms should be sent to us by using the following contact details:

Email: support@tobu.cloud

Postal address: EdWave India Private Limited, A-9, Dwaraka, Varsha Park, Baner Road, Baner, Pune, Maharashtra, 411045 India

Company registration number: U72300PN2013PTC149280


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