Terms of Use

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Application means the software program provided by the Company downloaded by You on any electronic device, named ArchKit.
• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country refers to: India
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Lucky Katiyar, India.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Service refers to the Application.
• Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Use of the Service

ArchKit is a site project management application designed to help individuals and teams plan, track, and manage construction or field projects. You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not use the Service:

• In any way that violates any applicable local, national, or international law or regulation.
• To transmit or upload any false, inaccurate, misleading, or harmful content.
• To infringe upon the intellectual property or other rights of any third party.
• To attempt to gain unauthorized access to any part of the Service or its related systems.

Lifetime License Clarification

If You have purchased a "lifetime" license for the Application, this license grants You the right to use the Application in its current state and form as of the date of purchase. The term "lifetime" refers to the current availability of the Service and does not guarantee perpetual access to the Application or its services.

The Company reserves the right to discontinue, modify, or cease operation of the Service at any time without prior notice. Your lifetime license does not entitle You to future updates, new features, continued server support, or maintenance beyond what is currently provided.

Upon discontinuation of the Service, Your license will terminate, and You acknowledge that no refunds or compensation will be provided for unused portions of Your lifetime license.

Intellectual Property

The Service and its original content (excluding content provided by You), features, and functionality are and will remain the exclusive property of the Company. The Application and all associated materials are protected under applicable intellectual property laws of India, including the Copyright Act, 1957 and the Information Technology Act, 2000, and applicable international treaties.

You may not copy, modify, distribute, sell, or lease any part of the Service without explicit prior written permission from the Company.

User Data and Project Content

ArchKit may allow You to input, store, and manage project-related data including schedules, site notes, team assignments, and documents ("User Content"). You retain ownership of all User Content You submit. By using the Service, You grant the Company a limited, non-exclusive, royalty-free license to store and process Your User Content solely for the purpose of providing and improving the Service.

The Company will take reasonable measures to protect Your data but cannot guarantee absolute security. You are responsible for maintaining the confidentiality of Your account credentials.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services.

You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your account, You may simply discontinue using the Service or contact Us at the email address provided below.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or INR 8,000 (or equivalent to 100 USD) if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will:

• Meet Your specific project management requirements or outcomes.
• Be compatible or work with any other software, applications, systems, or services.
• Operate without interruption or be error-free at all times.
• Be free of viruses, malware, or other harmful components.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, including but not limited to the Information Technology Act, 2000, the Indian Contract Act, 1872, and the Consumer Protection Act, 2019, without regard to its conflict of law provisions.

Any disputes arising out of or related to these Terms or the use of the Service shall be subject to the exclusive jurisdiction of the courts located in India.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company via email. If the dispute cannot be resolved informally within 30 days, it shall be subject to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India.

For Indian Users

If You are a resident of India, You are entitled to the protections afforded under applicable Indian consumer protection laws, including the Consumer Protection Act, 2019. Nothing in these Terms shall limit or exclude rights that cannot be waived under applicable Indian law.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Application and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By Email: archkitapp@gmail.com