Incomars.com Terms of Use

Welcome to Incomars.com’s Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services.


Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect
both you and us, and to make our services possible and more enjoyable for everyone. Incomars offers a wide range of services and features.

We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can
improve them, you are more than welcome to contact us at Incomars.com.

Incomars builds technology and services that enable people to grow their businesses by technology like: Software & App, other for growing
businesses/Profession Purposes more at Incomars.com and selling good through Website.

We do not sell your personal data to advertisers and do not share any information that personally identifies you (such as your name, email address or other
contact information) with them unless you give us specific permission to do so. Rather, advertisers can tell us what kind of audience they want their ads to
show, and we show those ads to people who might be interested in them. We provide advertisers with reports on the performance of their ads to help them
understand how people are interacting with their content.

Our Data Policy: This policy describes the information we process to support Incomars.com, JUST JOLLY and other products and features available from Incomars
Software Services ( All Incomars services or products). You can view additional tools and information in Just Jolly Settings and Software Settings (Software
that we build). 

What type of information do we collect?
In order to make the Incomars Products available, we must process your information. The information we collect depends on how you use our services or
products.

The things you and others do and provide.
Information and materials you provide. We collect the content, communications and other information you provide, when you use our products, including when
you sign up for an account, when somebody Signed Up on your website, that you've ordered us to make before, when you contact with your visitor or member on
your website, when you assign a plan, when your members Log In, when you've get a new member, when a visitor at your website, when a visitor become a member
(Paid/Unpaid Members are also defined in these terms), when someone sent you a message regards, when any suspicious activity catches, whenever you unfollow
these terms, whenever you moderate settings, whenever catched something abnormal or illegal, whenever you go overtime at your website, even while working
(You can go overtime working this is just we know, what's right there at your Website, App, Software and our provided products and services), whenever you
setup a new account for business (Just for verifying it yours, that's why we and you, both are safe) and more controls. This may include information about or
related to the content you provide, such as the location of a photo or the date the file was created. This may also include what you see through the features
we provide, such as our Website (Our Services), we can suggest you to try Incomars or more services that you might like, or even suggest service formats to
use. Our systems automatically process the content and communications provided by you and others in order to analyze their context and other material for the
purposes described below. Learn more below, about how to control who can see the content you share.

Data with special protection: You can choose to provide information about your religious outlook, political viewpoint, what you're "interested in," or about
your health in your Admin Profile field or life events. This and other information (such as ethnic or racial origin, philosophical beliefs or trade union
membership) may be subject to special protection under the laws of your country.

Network and Connections. We collect information about the people, Pages , accounts, hashtags and groups you are associated with and how you interact with
them on our products, such as the people you interact with or the services you use for legal business with the most in which you are included. We also
collect contact information when you choose to upload, sync or import it from a device (such as a contact list or call log or SMS log history), which we use
to locate people you identify. In order to help you and others, and for the other purposes listed below.
Used by you. We collect information about how you use our products or services, such as the types of content you view or link to; the features you use;
actions you take; The people or accounts you interact with and the time, frequency and duration of your activities. For example, we log when you are using
our products or services when you last used our products or services and what posts, videos and other content you see or publish on our products or services.
We also collect information about how you use our features, such as our website (Our Services).

Information about transactions made on our Premium Subscriptions and our products. We collect information (Such as your name, email to proceed the purchase
of our products or services) we collect, what you've bought, your date (Like a Premium Subscription that is shown to your Premium Subscriptions page,
activated subscriptions. Date is collected for the Time period of purchase for an invoice and many uses of the Just Jolly, Social Networking Services).

Things others do and information they provide about you. We also receive and analyse content, communications and information that other people provide when
they use our Products. This can include information about you, such as when others share or comment on a photo posted by you, send a message to you or
upload, sync or import your contact information, to make the services more enjoyable and safe for you.

1, Legal Agreement

These Incomars.com Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as
presented on the Incomars.com website(s) (“Incomars Website”, and collectively – the “Incomars Terms”), all set forth the entire terms and conditions
applicable to each visitor or user (“User” our “you”) of the Incomars Website, the Just Jolly Social Networking (the “JUST JOLLY”) and/or any other services,
applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the Incomars Website
or the Just Jolly Social Networking Platform, collectively – the “Incomars Services” or “Services”).

The Incomars Terms constitute a binding and enforceable legal contract between Incomars.com and its subsidiaries worldwide (“Incomars”, “us” or
“we”) and you in relation to the use of any Incomars Services - so please read them carefully.

You may visit and/or use the Incomars Services and/or the Just Jolly Social Networking Platform only if you fully agree to the Incomars Terms - and by using
and/or registering to any of the Incomars Services, you signify and affirm your informed consent to these Terms of Use and any other Incomars Terms
applicable to your use of any Incomars Services. If you do not read, fully understand and agree to the Incomars Terms, you must immediately leave the
Incomars Website and avoid or discontinue all use of the Incomars Services.

By using our Services, you acknowledge that you have read our Privacy Policy available at https://www.incomars.com/privacy (“Privacy Policy”).

1.3. User Account

In order to access and use certain sections and features of the Incomars Services, you must first register and create an account with Incomars (“User
Account”).

If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless
as specifically stated otherwise on the Incomars Services), make changes to your User Platform(s) and User Account, and accept any legal terms available
therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as
you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations,
warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such
activities.

 

You must provide accurate and complete information when registering your User Account and using the Incomars Services, to which you are the sole and
exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address,
as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us. 

 

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or
not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve
the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any
other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may
consider the principles set forth below.

Incomars will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant Incomars Service, as the person
or entity who has access to the e-mail address then listed in Incomars’s records for such User Account under which such User Platform or User Content was
created.

If any Paid Services (as defined in Section 5 below) were purchased via a User Account, Incomars will consider the owner of such User Account and/or the
relevant User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such
Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable if a User Platform was connected to an external domain name (either
imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS
database provided on the www.whois.net website or on Incomars’s database, Incomars will consider the owner of such User Platform as the person or entity
registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the
registrant organization of such domain, Incomars will consider the organization as the actual owner of the domain, and therefore as the owner of the User
Platform connected to such domain. In event the Billing Information indicates one person as the owner of the User Platform and the domain registration
indicates a different owner, Incomars shall consider the person registered as the owner of the domain connected to the Incomars Account as the owner of the
User Platform.

Notwithstanding the forgoing, Incomars shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by
ignoring the indications set forth above, in event Incomars deems, at its sole discretion, that the situation justifies such determination, all based upon
the factual situation as determined by Incomars.  

2. Your Obligations

2.1. You represent and warrant that:
you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of
majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Incomars Terms and to form a binding agreement, for
yourself or on behalf of the person or entity committed by you to the Incomars Terms;

your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you
provide us;

you understand that Incomars does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any
of your End Users, or your compliance therewith;

And specifically regarding your User Content:
 

you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by Incomars Services for you, to your User
Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks,
interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or
otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally
access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our Workers;

you have (and will maintain) the full power, title, licenses, consents and authority to allow Incomars Services to access any websites, web pages and/or
other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.

the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload,
import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside,
or for Incomars and/or your End Users to access, import, copy, upload, use or possess in connection with the Incomars Services;

you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal
information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

In order to use our services, there are certain obligations and conditions you need to meet.
 

Among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location.
 

In addition, you must own all rights in any content you upload or publish or that we access, import and/or upload for you via our services, ensure that such
content is legal and reliable, and that anything you do with it (or enable Incomars or your end users to do with it) is legal.

2.2. You undertake and agree to:

fully comply with all applicable laws and any other contractual terms which govern your use of the Incomars Services (and any related interaction or
transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;

be solely responsible and liable with respect to any of the uses of the Incomars Services which occur under your User Account and/or User Platform(s), and
for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with
respect to the Incomars Services);

regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform,
including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;

receive from time to time promotional messages and materials from Incomars or its partners, by mail, e-mail or any other contact form you may provide us with
(including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any
time;

allow Incomars to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Incomars’s marketing
and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Incomars or
anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to
your User Platform with respect to such limited permitted uses;

Incomars’s sole discretion as to the means, manner, and method for performing the Incomars Services, including those regarding the hosting, transmission,
publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content
with respect thereto).

Incomars shall have the right to offer the Incomars Services in alternative price plans and impose different restrictions as for the upload, storage,
download and use of the Incomars Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or
length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.

You must comply with all applicable laws.
 

You will be responsible for your actions and for the actions of anyone who accesses your user account or user platform settings.

You shall regularly save backups of your content.

You agree that we or our partners may send you promotional messages and content.
You can easily opt-out of receiving promotional messages by contacting us.

You allow us to use your website for our promotional activities, and to determine the manner in which the services will be performed.

You agree that Incomars has the right to impose and change price plans for its Services. Additionally, Incomars may impose restrictions depending on your
specific usage of the Service.

2.3. You agree and undertake not to:
copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or
disassemble the Incomars Website, the Incomars Services (or any part thereof), any Content offered by Incomars or Third Party Services for use and display
within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing
without Incomars’s prior written and specific consent and/or as expressly permitted under the Incomars Terms;

submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing,
threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights
of Incomars or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person,
entity or brand in a bad or disparaging light, without their prior explicit approval;

use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;

phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in
accordance with any applicable law, including, with the PCI DSS standard when applicable;  

upload, insert, collect or otherwise make available  within the Incomars Website or the Incomars Services (or any part thereof), any malicious, unlawful,
defamatory or obscene Content;

publish and/or make any use of the Incomars Services or Licensed Content on any website, media, network or system other than those provided by Incomars,
and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Incomars Services, Licensed Content and/or
User Platform (or any part thereof), except as expressly permitted by Incomars, in advance and in writing;

use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access,
acquire, copy, or monitor any portion of the Incomars Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure
or presentation of any of the Incomars Services to obtain or attempt to obtain any materials, documents, services or information through any means not
purposely made available through the Incomars Services;

act in a manner which might be perceived as damaging to Incomars’s reputation and goodwill or which may bring Incomars into disrepute or harm;

purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Incomars or Incomars Marks and/or variations and
misspellings thereof;

impersonate any person or entity or provide false information on the Incomars Services and/or User Platform, whether directly or indirectly, or otherwise
perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Incomars and/or any End Users;

falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Incomars or any third party endorses
you, your User Platform, your business, your User Products, or any statement you make;

reverse look-up, trace, or seek to trace another User of Incomars Services, or otherwise interfere with or violate any other User’s right to privacy or other
rights, or harvest or collect personally identifiable information about visitors or users of the Incomars Services and/or User Platform without their express
and informed consent;

disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Incomars Services, User Platform, the account of
another User(s), or any other systems or networks connected to the Incomars Services, by hacking, password mining, or other illegitimate or prohibited means;

probe, scan, or test the vulnerability of the Incomars Services or any network connected to the Incomars Services;

upload to the Incomars Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus,
worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the
operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or
component;

take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Incomars Services or Incomars’s systems or
networks connected to the Incomars Services, or otherwise interfere with or disrupt the operation of any of the Incomars Services, or the servers or networks
that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

use any of the Incomars Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid
schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;

use the Incomars Services for the creation and operation of websites whose main purpose (directly or indirectly) is video streaming;

access to Incomars Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than
our publicly supported interfaces.

sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Incomars Services, except as expressly permitted by
the Incomars Terms;

remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark
[©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Incomars Services and/or Licensed Content; or

violate, attempt to violate, or otherwise fail to comply with any of the Incomars Terms or any laws or requirements applicable to your use of the Incomars
Services.

Access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate
termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on
account of any such Services.

3. Content and Ownership

3.1. Your Intellectual Property
As between Incomars and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to
any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works.
Incomars does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access,
upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform
any other technical actions and/or uses required to perform our services, as we deem fit.

You own all rights to your content. We may handle your content in order to provide you with our services.

3.2. Incomars’s Intellectual Property
All rights, title and interest in and to the Incomars Services, including any and all copyrightable materials or any other content thereof which is or may be
subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work,
source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation,
derivatives and versions thereof, the “look and feel” of the Incomars Services, methods, products, algorithms, data, interactive features and objects,
advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other
proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof,
are owned by and/or licensed to Incomars.

 

Subject to your full compliance with the Incomars Terms and timely payment of all applicable Fees, Incomars hereby grants you, upon creating your User
Account and for as long as Incomars wishes to provide you with the Incomars Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable,
limited license to use the Incomars Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering
your User Products (as defined below) therein, solely as expressly permitted under the Incomars Terms, and solely within the Incomars Services.

 

The Incomars Terms do not convey any right or interest in or to Incomars’s Intellectual Property (or any part thereof), except only for the limited license
expressly granted above. Nothing in the Incomars Terms constitutes an assignment or waiver of Incomars’s Intellectual Property rights under any law.

In addition to the above, certain fonts made available to you within the Incomars Services, are licensed to Incomars by a third party provider, and are
therefore subject to additional license terms of such provider.

We own all rights in and to our services, content, data, technology and features.
 

You may use our services and content so long as you fully comply with these terms and ensure full and timely payments.

Certain fonts which are available to you are licensed by a third party, make sure you read their terms as well.

3.3. Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to the Incomars Services (whether existing, suggested or contemplated), which is
or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Incomars. By providing such Feedback to
Incomars, you acknowledge and agree that it may be used by Incomars in order to: (i) further develop, customize and improve of the Incomars Services, (ii)
provide ongoing assistance and technical support, (iii) contact you with general or personalized Incomars -related notices and/or interview requests based on
your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and
other aggregated and/or inferred information, which Incomars may use to provide and improve its services, (vi) to enhance Incomars data security and fraud
prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is
accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Incomars any right, title and interest you may have in such
Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other
similar rights worldwide in or to such Feedback.

4. Privacy

Incomars.com cares deeply about the privacy of its visitors and users. To that end, this Privacy Policy (“Privacy Policy”) describes how Incomars.com,
together with its working companies worldwide (“Incomars”, “we”, “our”, or “us”), collect, use, and share your Personal Information, as well as an
explanation of the data rights you may have in that Personal Information. This Privacy Policy applies to all Incomars users, including unregistered visitors,
registered users, and premium users (collectively, “Users”, “you”, or “your”), and to all Incomars services, including our websites (including
www.incomars.com and any of its subdomains, the “Website”), web applications (“Incomars Apps”), mobile applications (“Mobile Apps”), and related services
(collectively, the “Services”). This Privacy Policy is not intended to override the terms of any contract you have with us, nor any rights you may have under
other applicable data privacy laws.

Prior to accessing or using our Services, please read this policy and make sure you fully understand our practices in relation to your Personal Information.  
If you read and fully understand this Privacy Policy, and remain opposed to our practices, you must immediately leave and discontinue all use of any of our
Services.  If you have any questions or concerns regarding this policy, please contact us here.

Certain parts of the Incomars Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve
the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the
Incomars Services, Incomars and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the
activities or navigation undertaken by Users and End Users through the Incomars Services and/or User Platforms. We encourage you to read our Privacy Policy
and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

5. Paid Services

The use of certain Incomars Services may be subject to payment of particular fees, as determined by Incomars in its sole discretion (“Paid Services” and
“Fee(s)”, respectively). Incomars will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid
Services, you are required to pay all applicable Fees in advance.

 

Incomars reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a
discount or other promotional offer, Incomars shall have the right to automatically and without notice renew your subscription to such Incomars Service(s) at
the full applicable Fee.

 

All Fees shall be deemed to be in INR (Indian Rupee), except as specifically stated otherwise in writing by Incomars. To the extent permitted by law (and
unless specified otherwise by Incomars in writing), all Fees are exclusive of all taxes (including sales tax, goods and services tax, etc.),
levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the
Incomars Services, or to any payments or purchases made by you. If Incomars is obligated to collect or pay Taxes for the Fees payable by you, and whether or
not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be
reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in
connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or
fees due to banks or credit card companies). Incomars is not responsible for any such additional fees or costs.

 

As part of registering or submitting information to receive Paid Services, you also authorize Incomars (either directly or through its affiliates,
subsidiaries or other third parties) to request and collect payment  and service fees (or otherwise charge, refund or take any other billing actions) from
our payment provider or your designated banking account, and to make any inquiries Incomars or its affiliates may consider necessary to validate your
designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from
your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

You must keep a credit card stored with Incomars to pay for your Paid Services (“Stored Card”). You will be able to identify your Stored Card by its last
four digits as in your Account Settings Page.

Some of our services cost money. We will let you know how much beforehand

Our prices are stated in INR and before taxes, unless otherwise said. 

If needed, we or our affiliates may request and collect payments and related information from the relevant payment providers and banks.

5.2. Invoices

Incomars and/or its working companies will issue an invoice or credit memo for any payment of Fees or refund made to or by Incomars (“Invoice”). Each Invoice
will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your User Account and/or by
e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy)
in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in
such case may be used for pro forma purposes only. 

Invoices for our paid services will be available in your user account. 

5.3. Subscription Auto-Renewals

In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default,
according to which, unless you turn-off  the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription
period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the
same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid
Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one
month. Accordingly, where applicable, Incomars will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks
before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to)
retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or
multiple-year subscription period, Incomars will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in
advance of the renewal date.

By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew
in accordance with the above terms.  

You may turn-off the auto-renewal option for Renewing Paid Services at any time via your User Account or by visiting Incomars Help Center.

 

Certain domains are subject to a different renewal policy as detailed in the Domains Registration Agreement. Notwithstanding anything to the contrary in the
foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Incomars Services you use (whether or not such Incomars
Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Incomars
Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Incomars Services not
being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Incomars in relation to the
discontinuation of any Incomars Services or Third Party Services, for whatever reason.

To make sure you don’t lose your domain or experience

interruptions with your website at the end of your subscription period, we’ll automatically renew our service and bill you accordingly, in regular intervals
as your initial subscription, unless you turn-off auto-renewal.

Some services whether on purpose or mistake may not automatically renew. You should make sure that your subscriptions are renewed in time.

 

5.4. Please note: Certain services purchased on or through the Incomars Services non-refundable. These include Third Party Services such as domains,
business tools and applications. The terms of each purchased service or application are indicated on the Incomars Website and/or as part of or during the
process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. Incomars will
not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services & Customized Services applied by Incomars.  

Please carefully check the terms of each service before buying, since some services are non-refundable.

5.5. Chargebacks

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Incomars account (“Chargeback”), this will be
considered as a breach of your payment obligations hereunder, and your use of the Incomars Services may be automatically disabled or terminated. 

 

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User
Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below). 

 

Your use of the Incomars Services will not resume until you re-subscribe for any such Incomars Services, and pay any applicable Fees in full, including any
fees and expenses incurred by Incomars and/or any Third Party Services for each Chargeback received (including Fees for Incomars Services provided prior to
the Chargeback, handling and processing charges and fees incurred by the payment processor).

 

If you have any questions or concerns regarding a payment made to Incomars, we encourage you to first contact our Customer Support team before filing a
Chargeback or reversal of payment, in order to prevent the Incomars Services from being cancelled and your User Account being blocked, and to avoid the
filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees
applicable to the Incomars Services purchased (and charged-back) by you.

 

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any
information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services
rendered thereafter.

6. Cancellation

6.1. Cancellation by User
You may discontinue to use and request to cancel your User Account and/or any Incomars Services at any time, in accordance with the instructions available on
the Incomars Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on
the Incomars Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

 

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued
only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days,
in order to avoid the next automatic renewal and respective charge the cancellation. You can cancel it at any time but the services that are provided will be
stop to the next upcoming payment, if you want so you can go ahead and Activate or Purchase another subscription for your Business or Profession ("Website").

For more information about cancelling your Paid Services, please visit Incomars Help Center.

You may cancel your account or any services at any time. Once we process your cancellation request, we will not charge you for any additional subscription
renewals.

6.2. Cancellation by Incomars
Failure to comply with any of the Incomars Terms and/or to pay any due Fee shall entitle Incomars to suspend (until full payment is made) or cancel your User
Account and User Platform (or certain features thereof), as well as the provision of any related Incomars Services (e.g., Paid Services) or Third Party
Services to you. 

If you violate any of these terms or fail to make timely payments, we may suspend or cancel your account.

6.3. Loss of Data, Content and Capacity

If your User Account or any Incomars Services or Third Party Services related to your User Account are cancelled (whether at your request or at Incomars’s
discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or
other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Incomars
shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that
additional Fees may apply to re-activation of a User Account and/or any Incomars Services following their cancellation, as determined by Incomars in its sole
discretion.

7. E-Commerce 

7.1. General

The Incomars Services also include certain features which enable you to sell goods, content, media, event tickets and services through your User Platform
(“User Products”, and collectively – “E-Commerce”).

 

You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your
User Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We
are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products.

When someone purchases your User Products, the payments for such transactions will be processed through Incomars Payments or through a third-party payment
service provider (“Payment Provider(s)”).

You can use our services to sell your products, content and services online. 

Incomars may automatically connect you to Incomars Payments to allow you to accept payments from your customers.
You are responsible for all your sales activities, including your relationships with customers and any payment service providers.

7.2. Payment Providers

Depending on your location, upon purchasing certain Premium Plans (as offered on the Incomars Website), Incomars may automatically  connect a Incomars
Payments account on your name to allow you to accept payments from your customers (That is Third party taken). Any payout from such account is subject to
your completion of the Incomars Payments registration process. Such Incomars Payments account shall be governed by the Incomars Payments Terms of Use, which
are hereby incorporated by reference. Please read these terms of use prior to publishing your site and accepting payments. Any account connected to other
Payment Providers shall be governed by such Payment Provider’s terms of service. We are neither a party to nor are responsible in any way for your
relationship with any such Payment Providers, or for the actions of any of these Payment Providers. You acknowledge and agree that Incomars Payments (if
available in your country) will be your default payment provider. If you do not wish to keep either Incomars Payments or any other Payment Provider active,
it is your responsibility to deactivate them.

We may charge you service fees for event tickets sold through your site.

7.3. Events
Depending on your plan, Incomars may charge you service fees for event tickets sold through your site. You hereby agree to pay such fees, as required by
Incomars, and authorize Incomars to instruct its payment processing partners or your Payment Provider, as applicable, to deduct such fees from your relevant
transactions, or to otherwise collect such fees.

7.4. E-Commerce Acknowledgments and Warranties

By using any of our E-Commerce features, you acknowledge, warrant and agree that:

You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the
purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of
such and provide them with a duly issued invoice as required by law; 

Any Taxes indicated by the E-Commerce features provided to you by Incomars are solely provided for illustration purposes only, and may not be relied on in
any way;

You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner,
consistent with industry standards;

You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and
shall provide true contact information on your User Platform for any questions, complaints or claims; and

You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous,
counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any
applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions,
support, maintenance and export; and –

Incomars may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform and/or any User Products - whether or not
incorporated, published with or made a part of your User Platform at such time, without any liability to you or to any End Users, including for any Capacity
Loss resulted therefrom.

8. Video Services

As part of the Incomars Services, Incomars may provide video services (such as Incomars Video or Incomars Pro Gallery) for managing videos on User Platforms
(the "Video Services").  

 

The use of the video services for your User Platform,

In addition to the aforesaid in Section 13 of these Terms of Use and without any limitation of liability, you shall fully indemnify, defend and hold its
officers, directors, shareholders, employees and agents, harmless from any and all damages and costs, obligations, losses, liabilities debt and
expenses (including attorneys’ fees), as accrued, that arise out of or are related to infringement and/or misuse of the patent pool under the MPEG-LA
consortium.

If your needs require a more inclusive plan than those regularly offered by us, please contact us at: incomars.com.

9. Third Party Services

The Incomars Services enable you to engage and procure certain third party services, products and tools for enhancing your User Platform and your overall
user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications
and widgets offered via the Incomars Website (including the Incomars Products or other provided services), third party Licensed Content, media distribution
services, E-Commerce Payment Providers, sellers of tangible products, third party designers who may assist you with your User Platform, etc. (collectively,
“Third Party Services”).

 

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain
Incomars Services, offered separately by Incomars or persons certified or authorized by Incomars, or otherwise offered anywhere on the Incomars Services),
Incomars merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or
shall be in any way responsible or liable with respect thereto. Incomars will not be a party to, or in any way be responsible for monitoring, any interaction
or transaction between you and any Third party Services.

You acknowledge that such services may require the payment of additional amounts to Incomars and/or to the providers of such Third-Party Services.

 

Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms
which govern such Third Party Services, which you are encouraged to review before engaging with them.

If you use third parties' services, software or goods while using our Services, you declare that you act in compliance with their terms of use. For example,
if you use Services ("Web Services") while using the Services, you must comply with the applicable terms and its  privacy policy as in the effective version
as of the date of use of such services.

While we hope to avoid such instances, Incomars may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account,
User Platform(s) and/or the Incomars Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User
Platform(s) at such time – without any liability to you or to any End Users.

10. Incomars Forum

You can use this service for free, this service is a part of the Just Jolly, in which you can Create and Publish post. For more responsive and Social
Contents it's recommended to join the platform ("JUST JOLLY"). You should keep this in mind befor Creating and Publishing a post.

1. You must not create or post any nude content ("It can be the cause for the termination of your account").
2. You must not use the forum to do anything illegal ("It can be the cause for the termination of your account").
3. You must be at least 13 years older to use this Forum. 
4. You are responsible for keeping your password secure.
5. You must not abuse, harass, threaten, impersonate or intimidate other Incomars users.
6. You must not modify, adapt or hack Incomars or modify another website so as to falsely imply that it is associated with Incomars.
7. You must not crawl, scrape, or otherwise cache any content from Forum or ("Incomars Forum") including but not limited to user profiles and photos.
8. You must not use web URLs in your name without prior written consent from Incomars.
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links
("Content") that you submit, post, and display on the Incomars service.

11. Misconduct and Copyrights

11.1. Misconduct and Abuse

When using the Incomars Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be
inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Incomars with
respect thereto.

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Incomars Services, please immediately report such
User and/or Third Party Service to us via ("Contacting Us"). You agree that your report shall not impose any responsibility or liability upon Incomars, and
that Incomars may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so,
at its sole discretion.

If you witness or experience any misconduct or abusive behavior by anyone using our services, please let us know.

 
11.2. Copyrights

Incomars acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was
otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via ("Contacting Us"), or otherwise provide the
following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the
copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or
to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Incomars to
locate the material (including URL address); (4) a statement that you 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 (5) a statement that the information in the notification is accurate and, under penalty of
perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

 

Incomars’s will support in this such matter as we're the service provider ("INCOMARS SOFTWARE SERVICES")

 

Incomars.com

 

Email: incomarssoftwareservices@gmail.com

 

OR Contact us at Our Website ("Incomars.com").

 

In the event that Incomars receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account,
take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-
notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature;
(2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or
misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any
notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at Incomars’s sole reasonable discretion.
Incomars reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein
("If we're also providing our services to them").

12. Disclaimer of Warranties

We provide the Incomars Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied
warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the
fullest extent permitted by law. We specifically do not represent or warrant that the Incomars Services (or any part, feature or Content thereof) are
complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated
activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you
or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components
or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via
the Incomars Services – so please be sure to verify those before using or otherwise engaging them.

 

Incomars may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at
any time and for any reason, with or without notice.

 

Notwithstanding anything to the contrary in the foregoing, in no circumstances may Incomars be considered as a “publisher” of any User Content, does not in
any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other
party on and/or through the Incomars Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or
expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore,
Incomars shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing
User Content you or any other party may encounter.

 

You acknowledge that there are risks in using the Incomars Services and/or connecting and/or dealing with any Third Party Services through or in connection
with Incomars Services, and that Incomars cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all
such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others,
misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and
any consequent claims.

 

Incomars does not recommend the use of the Incomars Services for hosting of personal content and shall not bear any security or integrity obligations or
risks regarding breach or damage to any such content.

 

Please note that certain Incomars Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain
Incomars Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Incomars Services at this
BETA stage signifies your agreement to participate in such Incomars Services’ BETA testing.

13. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, Incomars, its officers, directors, shareholders, employees, working companies and/or
agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any
damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the
Incomars Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any
interruption or cessation of transmission to or from the Incomars Services; (5) the use or display of any Content or User Content posted, emailed,
transmitted, or otherwise made available via the Incomars Services; (6) events beyond the reasonable control of Incomars, including any internet failures,
equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires,
floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals
or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to
use any or all of Incomars Services.

 

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Incomars’s services
to you, and such limitations will apply even if Incomars has been advised of the possibility of such liabilities.

14. Indemnity

You agree to defend, indemnify and hold harmless Incomars, its officers, directors, shareholders, employees, working companies and agents, from and against
any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any
term of these Terms of Use or any other Incomars Terms; (2) your violation of any third party right, including any copyright, access rights, property, or
privacy right, resulting from your User Platform or User Content and/or your use of the Incomars Services, including, without limitation, Incomars Services’
actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

15. General

15.1. Changes & Updates

Incomars reserves the right to change, suspend or terminate any of the Incomars Services (or any features thereof, or prices applicable thereto), and/or
cancel your access to any of the Incomars Services (including removal of any materials created by you in connection with the Incomars Services) for any
reason and/or change any of the Incomars Terms with or without prior notice - at any time and in any manner.

You agree that Incomars will not be liable to you or to any third party for any modification, suspension or discontinuance of those Incomars Services.

If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you
fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your
then-current Incomars Services without enabling such changes, or provide you with alternative Services.


We may make changes to our services or to these terms at any time.

15.2. Governing Law & Jurisdiction; Class Action Waiver

The Incomars Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Incomars Services, their
interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Incomars Terms, or any related
transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal
substantive laws of the India, without respect to its conflict of laws principles.

 

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction
located in Tel New Delhi, Delhi, India. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly
excluded.

Subject to any applicable law, all disputes between you and Incomars shall only be resolved on an individual basis and you shall not have the right to bring
any claim against Incomars as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group
or by representatives on behalf of others).   

Notwithstanding anything to the contrary in this Section 15.2, if you are located in the United States of America, (i) the legal jurisdiction governing all
aspects of the payment transaction contemplated by Section 5 between you and Incomars in the Delhi, without respect to its conflict of laws principles, and
(ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being
decided exclusively by, a court of competent jurisdiction located in Delhi.

These terms and our relationship shall be governed by the laws of the India. Any disputes between us may only be brought before the courts of Delhi, India.

15.3. Notices

We may provide you with notices in any of the following methods: (1) via the Incomars Services, including by a banner or pop-up within the Incomars Website,
User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or
physical address you provided us. Incomars’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent
through any of the foregoing methods, unless otherwise indicated in the notice.

15.4. Relationship

The Incomars Terms, and your use of the Incomars Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee,
agency, or franchisor-franchisee relationship between Incomars and you.

We may provide you with notices via our services, by e-mail or through any other contact means you provided us.

Accepting these terms and services does not form a partnership or any special relationship between us

15.5. Entire Agreement

These Terms of Use, together with the Incomars Terms and any other legal or fee notices provided to you by Incomars, shall constitute the entire agreement
between you and Incomars concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings,
promises, conditions, negotiations, covenants or representations, whether written or oral, between Incomars and you, including those made by or between any
of our respective representatives, with respect to any of the Incomars Services. You further agree that you are not relying upon any promise, inducement,
representation, statement, disclosure or duty of disclosure of Incomars in entering into any of the Incomars Terms.

These terms (together with additional terms) shall constitute the sole and entire agreement between us

15.6. Assignment

Incomars may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Incomars Services and/or Licensed Content to a
third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior
written consent of Incomars. Any attempted or actual assignment thereof without Incomars’s prior explicit and written consent will be null and void. In any
event, an assignment or transfer pursuant to this Section ‎15.6 shall not in itself grant either Incomars or you the right to cancel any Incomars Services or
Third Party Services then in effect.

We may assign our rights and obligations to other parties. You may only do so with our prior written consent

15.7. Severability & Waivers

If any provision of the Incomars Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then
such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default
of any of the Incomars Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

These terms are independent from each other, in case any of them is found invalid.

15.8. Interpretation

Any heading, caption or section title contained herein, and any explanation or summary under the right “Below there” column, is provided only for
convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

 

These Terms of Use were written in English.

Only the left column is legally binding (this column is just for clarity).

Translated (non-English) versions of these terms are provided for convenience only.

15.9. Customer Service Contact

To get in touch with our Customer Service - please use any of the options listed below:

Go to Incomars Help Center which is available at Incomars Website.
Send an email message to: incomarssoftwareservices@gmail.com .

Incomars.com has reserved their rights via these terms of use, you may read that below. Here are some important messages, meanings, and full forms to help you understand these applicable legal terms to you.


 

We'd like you to collaborate with the Services you order and Purchase the Premium Subscription as per the Service you like to order for and attend for to grow your business or for your professional purpose.


 

Incomars.com has reserved the right with these legal terms to your users and responsibilities with you and your users, it's mandatory to read and agree these legal terms to use our services with more safety and joy (This help you to understand most freely, our services, our products, Subscriptions and plans. How you can complain even while you're facing some threats, abusses, etc).

THESE TERMS OF USE INCLUDES INCOMARS SOFTWARE SERVICES’S PRIVACY POLICY LOCATED AT https://www.incomars.com/privacy/ WHICH IS INCORPORATED AND MADE A PART OF THESE TERMS OF SERVICE.


 

Key Definitions

“Application” means a computer software program designed to assist an End User in performing singular or multiple related specific tasks on a mobile device, whether for entertainment, gaming, business, utility, information, or otherwise, which program has been developed by a User using the Incomars.com's Services, whether or not such Application has been submitted to or published by any Application Store (defined below) to be available for downloading by End Users. The term “Application” shall include all related User Content (defined below) and source code used by the relevant User to create the Application.


 

“Application Store” means a digital distribution platform, whether via mobile application or online via a website that enables End Users to browse, review, and download (whether free or at a cost) mobile applications directly to a mobile device or to a personal computer or computing device and that supports mobile applications developed using platforms available on the Incomars.com's Services.

“Incomars.com's Services Content” means all software and mobile application development tools, other proprietary tools, editorial content, message, information, data, text, software, music, sound, artwork, graphics, images, user interfaces, icons, photographs, videos, answers, questions, scores, suggestions, hints, concepts, ideas, plans, orders, request or the like or any other material provided by or on behalf of Incomars on Incomars Website, as well as the computer programs used to generate the pages on the Incomars Website.


 

“End User” means any individual or entity that licenses the Application or any individual or entity that is granted or may be granted the right to use the Application by You and agrees to be bound by the terms of the license between You and End User containing, at a minimum, the terms set forth at https://www.incomars.com/terms-of-use and the privacy policy terms set forth at https://www.incomars.com/privacy


 

“User Content” means any editorial content, message, information, data, text, software, music, sound, artwork, graphics, images, user interfaces, icons, photographs, videos, answers, questions, scores, suggestions, hints, concepts, ideas, plans, orders, request or the like or any other material that any user posts or transmits on the Incomars.com's Website but expressly excludes all Incomars.com Services Content.

“You”, “Your” and “User” means all individuals and/or entities in whatever form accessing or using the INCOMARS Services for any reason.


 

Acceptance of Terms of Use

Types of License. These Terms of Use (the “Terms”, “Terms-of-use”, or “Terms of Use”) are a legally-binding agreement between You and Incomars.com (“INCOMARS”), regarding use of https://www.incomars.com/ and other related websites owned and/or operated by Incomars.com and related services (together, the “Website”) as made available by Incomars and/or its authorized distributor(s). Incomars.com makes available the Website, including all content, information, graphics, documents, text, products, services and all other elements offered through the Website (collectively, the “Services”), available for Your use subject to the terms and conditions set forth in these Terms of Use. By accessing and using the Incomars.com Website and Services You agree to be bound by and to accept these Terms of Use and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website.


 

If You do NOT agree to all the terms of use contained in these Terms, You're not allowed to use the Website or Incomars.com Services. If You do NOT agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through the Website or Services, then You should NOT use the part of the Website or Services which contain such Content or through which such transactions are concluded. Also, when You use any current or future Incomars.com Services or visit the Website or obtain any products, applications or services therefrom, whether free of charge or for payment, You will be subject to the guidelines and conditions applicable to such products or services, and not those of Incomars.com .


 

Updates to Terms of Service. These Terms of Service may be amended by Incomars.com at any time upon notice provided by any of the following means: through a posting on the main page of the Website, at or after You login into Your User Account (as defined below), or by e-mail to the address You provided when You set up Your User Account. Your failure to provide or maintain accurate or current contact information in Your User Account will not obviate Your responsibility to comply with these Terms of Service as amended from time to time. Specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Website (the “Content”) or transactions concluded through this Website. Such specific terms may be in addition to these Terms, or, where inconsistent with these Terms, only to the extent that the Content or intent of such specific terms is inconsistent with these Terms, such specific terms will supersede these Terms. Please check these Terms regularly to ensure that You are aware of all terms governing Your use of the Incomars Website ("Incomars.com") and Services.


 

Incomars.com reserves the right to make changes or updates with respect to the Website, or to the Content or the format thereof at any time without notice. Incomars.com also reserves the right to terminate or restrict access to the Website and its Services or any portion thereof for any reason whatsoever at its sole discretion.


 

Users’ Obligations

You agree to use the Website and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. INCOMARS IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU, YOUR USERS, OR ANY OF YOUR AFFILIATES. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE INCOMARS SOFTWARE SERVICES AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, You agree and warrant that in using the Website and Services, Your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where You reside, or (2) the country, state, or locality where Incomars.com is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.


 

You agree not to use or permit use of the Services, including by uploading, emailing, posting, publishing or otherwise transmitting any material, for any purpose that may (a) menace or harass any person or cause damage or injury to any person or property, (b) involve the publication of any material that is false, defamatory, harassing or obscene, (c) violate privacy rights or promote bigotry, racism, hatred or harm, (d) constitute unsolicited bulk e-mail, “junk mail”, “spam” or chain letters; (e) constitute an infringement of intellectual property or other proprietary rights, or (f) otherwise violate applicable laws, ordinances or regulations. In addition to any other rights afforded to Incomars.com under these Terms of Use, Incomars.com reserves the right to remove or disable access to any material that violates the foregoing restrictions. Incomars.com shall have no liability to You in the event that Incomars.com takes such action. You agree to defend and indemnify Incomars.com against any claim arising out of a violation of Your obligations under this section.


 

You agree not to access (or attempt to access) the Services by any means other than through the means provided by Incomars.com or its authorized partners. You agree not to access (or attempt to access) the Services by way of automated means and that You will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).


 

You agree that You will not:


 

remove or modify any program markings or any notice of Incomars.com or its licensors’ proprietary rights;

modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to Incomars;

to disrupt or interfere with any other user’s enjoyment of the Website and Services or working companies or linked sites;

to upload, post, or otherwise transmit through the Website and Services any viruses or other harmful, disruptive, or destructive files; to use or attempt to use another user’s User Account, password, or system; to access or attempt to access any Content or User Content (as defined below), which You are not authorized to access under the terms herein; and

to disrupt or interfere with the security of, or otherwise cause harm to the Website, Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website and Services or any working companies or linked sites.

The rights granted to You under the agreement are also conditioned on the following:


 

The rights of any user licensed to use the Services cannot be shared or used by more than one individual (unless such license is reassigned in its entirety to another authorized user, in which case the prior authorized user shall no longer have any right to access or use the license);

except as expressly provided herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means;

You shall cause any and all End Users to enter into or agree to the terms of Your End User License Agreement (“EULA”), which shall contain, at a minimum, the terms, limitations and restrictions set forth in at https://www.incomars.com/terms-of-use and the privacy policy terms set forth in at https://www.incomars.com/privacy/ ;

You shall prohibit and monitor any use of Application inconsistent with the terms of these Terms of Use; and

You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Services.

You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Services.

All materials, documents, communications, or information submitted to, sent through, or stored on the Website and Services by You will be subject to these Terms of Service and Privacy Policy https://www.incomars.com/privacy/. The security of such information is very important to Incomars.com. Incomars.com’s Privacy Policy is subject to change at Incomars.com’s discretion; however, Incomars.com’s policy changes will not result in a material reduction in the level of protection provided for Your data. Incomars.com reserves the right to provide the Services from locations, and/or through use of subcontractors, worldwide.


 

All materials, documents, communications, or information submitted to, sent through, or stored on the Website and Services by You will be subject to these Terms of Service and Privacy Policy https://www.incomars.com/privacy/. The security of such information is very important to Incomars.com . Incomars.com’s Privacy Policy is subject to change at Incomars.com’s discretion; however, Incomars.com’s policy changes will not result in a material reduction in the level of protection provided for Your data. Incomars.com reserves the right to provide the Services from locations, and/or through use of subcontractors, worldwide.


 

Incomars.com respects Your privacy and the use and protection of Your personal information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of Your personal information in connection with Your use of this Website.


 

Tools and Statistical Data

Incomars.com may use tools, scripts, software, and utilities (collectively, the “tools”) to monitor and administer the Services and to help resolve Your Incomars.com service requests. The tools will not collect, report, or store any of Your data residing in the service production environment, except as necessary to troubleshoot service requests or other problems in the Services provided. Data collected by the tools (excluding production data) may also be used to assist in managing Incomars.com’s product and service portfolio and for license management. Incomars.com may compile statistical information related to the performance of the Services, and may make such information publicly available, provided that such information does not incorporate Your data and/or identify Your confidential information or include Your company’s name. Incomars.com retains all intellectual property rights in such information.


 

Third Party Materials and Linking to The Website

The Website and Services may include links to other websites and/or third-party products that are not under Incomars.com’s control (collectively, “Third Party Materials”). Third Party Materials that may be appropriate or necessary for use with some Incomars.com programs are specified in the program documentation, as applicable. Your right to use such Third Party Materials is governed by the terms of the Third Party Materials license agreement specified by Incomars.com and not under the Agreement. Incomars.com shall not be responsible in any way for such Third Party Materials. Incomars.com provides such links only for the convenience of the users of the Website and Services, and the inclusion of any link to any Third-Party Materials does not imply endorsement by Incomars.com of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in these Terms of Service shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such Third Party Materials.


 

Linking to this Website is permitted provided that You comply with the following rules. You may link to the home page of this Website or to any other page of this Website. However, You are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Incomars.com endorses or sponsors the linker or its website, products or services. You must not use Incomars.com’s intellectual property, including, but not limited to, trademarks, trade names, and copyrights without advance written permission from Incomars.com. Furthermore, You agree to remove the link at any time upon Incomars.com’s request.


 

Intellectual Property

The Incomars Website, in its entirety, (except for User Content), including the Incomars Website name and logo, and all other Incomars.com Services Content, site design, text, data, interfaces, product and service names, design marks, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, software and the selection, expression, structure, arrangement, coordination, enhancement and presentation of said elements, as well as the “look and feel” of the Incomars Website (including color combinations, layout, design and all other graphical elements), are the sole property of Incomars and/or its working companies, licensors or other content suppliers and are protected by any and all U.S. and international copyright, service mark, and trademark treaties, laws, regulations, and rules and may not be copied, used or re-used for any purpose not expressly authorized in these Terms is strictly prohibited without Incomars.com's prior written permission. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Material published by Incomars.com on the Incomars Website may contain other proprietary notices or describe products, services, processes or technologies owned by Incomars.com or third parties. Nothing in the Terms or through the use of the Service shall be construed as granting You a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of Incomars.com or any third party, except as expressly set forth and granted in the Terms. Unless otherwise specifically provided herein or authorized by Incomars.com in writing, all rights in the Website, Services, and Content not expressly granted herein are reserved. Except pursuant to the license granted herein or as otherwise set forth herein, You agree not to copy, republish, frame, or make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, Incomars.com, or Services, other than in conjunction with the Services offered by Incomars.com through the Websites. You agree also that all Software Services shall (i) retain all electronic prominent copyright notices referring to Incomars.com as originally placed, if and as applicable, by Incomars.com and (ii) Licensee shall not mask, frame, overlay, impair or otherwise materially alter, affect or impair such notices and shall place copyright notices in its marketing of the Incomars.com's Services.


 

Incomars.com hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website are the properties of their respective owners. Incomars.com disclaims any proprietary interests in the intellectual property rights other than their own.


 

Limited License To User

You are granted a personal, non-exclusive, non-assignable, non-transferable, limited, royalty-free, revocable license to use the software and tools provided by Incomars.com as part of the Incomars.com Services for the sole purpose of enabling You to develop Applications to run across various mobile platforms supported by the Incomars Website and to be submitted by You, or by Incomars, as agreed to by the parties, to one or more Application Stores for publication, solely in the manner permitted by these Terms.


 

This license is not a sale of any of the respective intellectual property owner’s rights. The Incomars Software Services may be used only by You and You may not rent, lease, lend, sub-license, or transfer the Incomars Software Services or any data or Incomars.com. Content residing on it or any of Your rights under the Terms to anyone else, nor may You make the Incomars Software Services available to anyone else on a “service bureau” basis or in exchange for any compensation to You. Except as otherwise expressly provided herein or with Incomars.com's prior express written consent, You may not modify, copy, distribute, transmit, broadcast, publish, upload, share, publicly display, “mirror,” perform, reproduce, use, publish, license, create derivative works from, make representations or warranties regarding, transfer or sell any Incomars Software Services Content or User Content contained in the Incomars Website in any other computer, server, web site, or other medium or for any commercial enterprise. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Incomars Website. You may not transfer to or store any data residing or exchanged using the Incomars Software Services, including any Application, in any electronic network for use by more than one user unless You obtain prior written permission from Incomars.com. Please contact to request any required permission at Incomars.com ("Our Website")


 

User ownership rights

Except as provided in the following paragraph, Incomars.com acknowledges and agrees that it claims no ownership or control and it does not obtain any right, title or interest from You under these Terms in or to any User Content that You post, upload or submit to the Incomars Website or any Application that You create, submit, post, transmit or display on, or through, the Incomars Software Services, including any intellectual property rights which subsist in that Application and Your User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You retain copyright and any other rights You already hold in the Application and Your User Content, and You are responsible for protecting those rights, as appropriate. Unless You have agreed otherwise in writing with Incomars.com , You agree that You are responsible for protecting and enforcing those rights and that Incomars.com has no obligation to do so on Your behalf. If You create an Application to share with other users of the Incomars Software Services, You may determine with whom You share the Application and Your User Content and grant to such users a non-exclusive, worldwide, and perpetual license to perform, display, and use the Application and Your User Content, subject to the license granted to Incomars.com in the following section.


 

As part of our continuing mission to make all best efforts possible to try to ensure that Incomars.com's users are required to pay fees for use of Incomars.com or third-party development licenses, Incomars.com may be required to utilize its developer accounts to attempt and create your Application that you order through Incomars.com to Application Stores. Incomars.com further acknowledges and agrees that submitting or publishing of any Incomars.com's users Application utilizing an Incomars.com's developer account shall in no way grant Incomars.com any additional ownership, control, rights, title or interests to the User Content that You create and submit to Incomars Website.


 

Licenses and Rights granted to Incomars.com

By creating, posting or displaying the Application on or through the Incomars Software Services You grant, and agree to grant, a worldwide, royalty-free, non-exclusive, sublicensable (through multiple tiers), irrevocable, and transferable license, without additional payment or other consideration of any kind, or permission from or notification to You or any third party:


 

to Incomars, to use, reproduce, adapt, modify, translate, publish, perform, display, distribute, prepare derivative works of, and combine with other works, the Application and Your User Content for the purpose of enabling Incomars.com to provide the Incomars Software Services to You, including storing the Application and Your User Content on its servers;


 

to Incomars, to use, reproduce, adapt, modify, translate, publish, perform, display, distribute, prepare derivative works of, and combine with other works, the Application and Your User Content for the purpose of promoting and redistributing all or part of the Incomars Website in any media formats and through any media channels without restrictions of any kind;


 

to Incomars.com and each user of the Incomars Website to access Your User Content that is not password protected through the Incomars Website; and


 

to Incomars.com to use, in its sole discretion, the trade names, trademarks, service marks, logos, domain names and other distinctive brand features of Your Application in presentations, marketing materials, customer lists, financial reports and Incomars Website listings (including links to Your website, if any) for the purpose of advertising or publicizing Your use of the Incomars Software Services, subject to such reasonable quality controls or guidelines for such use as You may provide to Incomars.com in writing from time to time; and


 

In addition, You hereby grant to Incomars.com a worldwide, royalty-free, exclusive, irrevocable license, without additional payment or other consideration of any kind, or permission from or notification to You or any third party, to insert, display and publish into in any Application(s) that You create and elect to publish to any Application Store, third party or other advertising content selected by Incomars.com in its sole discretion.


 

User Account

You may sign up for a personalized account (“User Account”) with Incomars.com in order to access the full range of features offered by the Website and Services. In creating Your User Account, You agree to submit accurate, current and complete information about yourself and keep this information updated. Incomars.com reserves the right to suspend or terminate User Accounts which it suspects are used in contradiction to these Terms of Service and/or contain information that is untrue, inaccurate, not current or incomplete.


 

When You create Your User Account, You will choose a personal, non-transferable password. User Accounts may not be “shared” or used by more than one individual. After You accept these Terms of Service and Your User Account registration has been accepted by Incomars, Your User Account will be established. You are solely responsible for any and all activities that occur under Your User Account, whether or not such use was authorized by You.


 

You may also, as applicable and made available, access the Website, and Service by logging in using an authorized social network account (Third Party Resources or services), such as a Facebook or Google account. By doing so, You authorize Incomars to collect Your personal profile and activity information from that third party social network.


 

Please note that if You opt to use your account to login to our Website and/or use our Services, Incomars.com may be able to access all of Your data in connection with your account, including, without limitation Your friends list, pictures You posted or those posted by you on Social Networks, businesses and stories You “liked,” places you visited, etc.


 

This information You provide is used for such purposes as allowing You to set up a User Account and profile that can be used to interact with other users through the Service, improving the content of the Service, customizing the advertising and content You see, and communicating with You about specials and new features. It is completely optional for You to engage in these activities and/or make any purchases from Incomars Software Services.


 

Please read our Privacy Policy located at https://www.incomars.com/privacy/, which describes how Incomars collects, uses, discloses, manages and stores Your or Your customers’ personally identifiable information (“Personal Information”). You agree and understand that You are responsible for maintaining the confidentiality of all user names and passwords associated with any User Account You use to access the Website and Services. Additionally, You may not use a User Account that belongs to someone else at any time without the permission of that account holder. Incomars.com is not liable for any harm caused or related to the theft or misappropriation of Your user name, password, User Content, disclosure of Your user name or password, or Your authorization of anyone else to use Your user name or password. However, You could be held liable for losses incurred by Incomars Website, another user or any third party due to misappropriation and use of Your User Account. If You become aware of any unauthorized use of Your User Account, please notify at Incomars Website immediately.


 

Fee For Extra Tools

Currently, the Incomars Services are offered to registered users without any monetary consideration, in exchange for users' agreement to allow Companies to insert banner on their Company's widgets or Plugins (If you want to remove that Branding, it's required to Purchase beneficial plan of that Organization), Incomars.com's sole selection and at its sole discretion, in any Applications that are submitted on behalf such users to available online Application Stores.


 

Premium For The App

Premium offers are available for both published and unpublished apps on Application Stores. You can purchase Premium plan for apps too. One app can have only one Premium plan. Other apps on your account will get Premium plan whenever you purchase one plan. We reserve the right to cancel or update offer any time without a refund. We reserve the right to cancel or update offer if your application reaches 1000 daily usages (With the legal reason).


 

Billing, Termination, Cancellation and Refund on One-Month Subscriptions

Incomars.com offers one-month subscriptions, which entitle the original purchaser access to Premium features of Custom app, Subscription will be set to your account for a period of exactly 1 month from the date of purchase. The purchaser agrees to pay all fees in effect when incurred. You will be billed for your subscription in advance at the time of purchase and the subscription will automatically renew indefinitely until explicitly cancelled. If you cancel your services, your cancellation takes effect immediately but benefits will be end to the limited period without refund. Please sign up for a monthly payment schedule if you are unsure of how long you will be using the service. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, Incomars.com has a zero tolerance policy for chargebacks. Any customer who disputes a recurring payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available payment reporting agencies. If Incomars.com terminates your account because of a violation of our terms of use, Incomars will not refund any portion of your license fees. Refunds are not applicable on rejection of your mobile application from any App Store or marketplace. We offer you to do appropriately, hence if you cancel your subscription in this period, we will not refund the entire amount to you. However, cancellation of the monthly plan or yearly plan ("Even, any plan") after this period will not result in a refund.


 

Billing, Termination, Cancellation and Refund on One-Year Subscriptions

Incomars.com offers one-month subscriptions, which entitle the original purchaser access to Premium features of selected app on Incomars Website account for a period of exactly 12 months from the date of purchase. The purchaser agrees to pay all fees in effect when incurred. You will be billed for your subscription in advance at the time of purchase and the subscription will be paid by you (No option for "Automatically renew") indefinitely until explicitly cancelled. If you cancel your services, your cancellation takes effect immediately. Your account information will be collected by Third Party. Please sign up for a monthly payment schedule if you are unsure of how long you will be using the service. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will do it as according. Incomars.com will not refund money. Any customer who disputes a recurring payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available payment reporting agencies. If Incomars terminates your account because of a violation of our terms of service, Incomars.com will not refund any portion of your license fees. Refunds are not applicable on rejection of your mobile application or any plan from any App Store or marketplace, hence if you cancel your subscription in this period, we will not refund the entire amount to you. As it is, cancellation of the yearly plan after this period will not result in a refund.


 

Cancellations and Refund on App Subscription


 

All Incomars.com accounts begin with an obligation benefits which will allow you to evaluate the service. Charges will only be applied after explicit account purchase. Please sign up for a monthly payment schedule if you are unsure of how long you will be using the service. Once you have subscribed to one of our paid plans, your subscription will not renew automatically, on your monthly or annual renewal date, until you cancel. Your cancellation stops all future payments only and no refunds will be offered on renewal payments made to date. Renewal rates are subject to change, but we’ll always notify you beforehand. Cancellations can be made any time by visiting the Premium page of your app or by contacting us at Incomars Website ("Incomars.com"). Please note that once billing has taken place, we are not able to offer refunds.


 

User Content

User Account holders may upload, store or transfer files, videos, pictures, data, information, and other material through the Website, Incomars Community forum and Services (“User Content”). Incomars.com does not own any User Content and does not monitor, edit, or disclose any information regarding You or Your User Account without Your prior permission, except in accordance with these Terms of Use or Privacy Policy https://www.incomars.com/privacy/. Incomars.com also does not, as a matter of practice, review, inspect, edit or monitor any User Content posted, stored, or accessed by You or any other user of the Website or Services. However, Incomars.com reserves the right, solely upon its own discretion, to refuse, remove, or disable access to User Content that Incomars.com will not violate the terms of these Terms of Use, although it has no obligation to do so. Incomars.com’s action or inaction to regulate content or conduct or to enforce against any potential violation of these Terms of Use by any user (or any other third party) does not waive Incomars.com’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential Terms of Use violation.


 

Incomars.com does not control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are solely responsible for Your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content. It Your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that Your use of any such User Content complies with all applicable laws, licensing requirements and does not infringe third parties’ proprietary rights. You are also responsible for any content that You post or transmit as well as all content posted or transmitted through or by use of Your User Account.


 

Content prohibited from the Website and Services include but is not limited to: (1) illegal content; (2) content relating to the creation, advertising, distribution, or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, or pornographic content); (4) content that discloses another person’s personal, confidential, or proprietary information; (5) fraudulent content; (6) malicious content such as malware or spyware; and (7) content that offers, promotes, advertises or provides links to unsolicited products or services.


 

Prohibited Conduct


 

VIOLATION OF THE FOLLOWING TERMS (DETERMINED IN INCOMARS’S SOLE DISCRETION) WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT. WHILE INCOMARS PROHIBITS CERTAIN CONDUCT AND CONTENT ON THE INCOMARS WEBSITE, YOU UNDERSTAND AND AGREE THAT INCOMARS CANNOT BE RESPONSIBLE FOR CONTENT POSTED ON THE SERVICE THAT VIOLATES THESE PROHIBITIONS AND YOU NONETHELESS MAY BE EXPOSED TO SUCH CONTENT. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. BY USING THE INCOMARS WEBSITE YOU AGREE NOT TO AND SHALL BIND YOUR END USERS NOT TO:


 

“stalk”, harass, threaten, or defraud other users;


 

send, post, or make available nude photos and nude contents, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate messages to other users;


 

make unsolicited offers, advertisements or proposals; or send chain letters, unsolicited email, SMS, “spam” or other junk messages;


 

transmit any worms or viruses or any code of a destructive nature through the Websites or any Applications posted thereon;


 

impersonate another person or access another user’s account without permission;


 

share Incomars-issued passwords with a third party or encourage another user to do so;


 

misrepresent the source, identity, or content of information transmitted via the Incomars Website, for example, claiming a created work as Your own that is not yours;


 

using the Incomars Website for any illegal or unlawful purpose {You must not use our Services ("Incomars.com" or "Incomars Website and Products") to do anything illegal. If you use our services (Using our services "Incomars.com or Incomars Website and Products) to do anything illegal that may cause termination of your account (Without refunding)};


 

interfere with any security-related features of the Incomars Website or otherwise attempt to gain unauthorized access to the Incomars Website, or any part of them, other accounts, computer systems or networks connected to the Incomars Website, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Incomars Website or any activities conducted on the Incomars Website;


 

intentionally interfere with the operation of the Incomars Website or any user’s enjoyment of it;


 

post inflammatory statements to get responses;


 

use the Incomars Website in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Incomars Website.


 

Termination for Repeat Infringement or Other Material Violations


 

Incomars.com is committed to complying with existing intellectual property law. To that effect, if Incomars.com is notified by a copyright holder that a User has posted Content that infringes a copyright, Incomars will issue the User a written warning and require User to immediately take down the infringing content. Incomars.com will immediately terminate or suspend the User Account of any User who fails to comply with the take-down request. Incomars will additionally terminate or suspend any User Account that has been flagged for repeat (i.e., more than one time) copyright infringements, in accordance with the DMCA and other applicable laws. Notwithstanding the foregoing, Incomars reserves the right to, without prior notice and in its sole discretion, terminate a User Account for actions that it deems to be in material breach of these Terms of Use and/or a violation of applicable law. Upon termination or suspension of User Account, User’s right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of User’s access to and use of the Incomars Software Services shall not relieve User of any obligations arising or accruing prior to such termination or limit any liability which User may otherwise have to Incomars.com or to any third party. User shall implement a policy similar to policies stated in this paragraph with regard to the termination of the accounts of any End Users and cessation of End User’s use and the denial of access to the Application who repeatedly or egregiously breaches User’s licensing terms or violates applicable law.l


 

Term


 

The term of these Terms of Use shall begin when You start using the Services and shall continue in perpetuity unless otherwise terminated by Incomars.com by written notice. Incomars expressly reserves the right to change, suspend or discontinue all the Service or portion thereof, at any time, and may terminate Your use of the Service at any time. Without prejudice to any other rights, the term of these Terms of Use will terminate automatically if You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of the term, You must immediately cease using the Website and the Services including without limitation any use of Incomars’ trademarks, trade names, copyrights and other intellectual property. UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICES IN ANY WAY.


 

Warranties and Disclaimers


 

ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” INCOMARS HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. NO WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE, THE SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. INCOMARS DOES NOT WARRANT THAT THE WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY INCOMARS ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by Incomars in writing, contractors, agents, dealers or distributors of your app or services or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.


 

THE USE OF THE WEBSITE, OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. INCOMARS ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INCOMARS OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.


 

The Website and Services may contain references to specific Incomars products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.


 

The Website and Services may contain references to specific Incomars products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.


 

IN NO EVENT SHALL INCOMARS OR ANY OF ITS WORKERS OR COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE, OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS, OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE AND SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, OR ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF INCOMARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST INCOMARS PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE AND SERVICES MUST BE COMMENCED AND NOTIFIED TO INCOMARS IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.


 

LIMITATION OF LIABILITY. IN NO EVENT SHALL INCOMARS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION, WHETHER IN COMPANIES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


 

Your Warranties


 

YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO INCOMARS IN CONNECTION WITH THE WEBSITE, INCOMARS, AND THE SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH INCOMARS; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THESE TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THESE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO END USERS OF THIS WEBSITE AND THAT IS NOT PROVIDED BY INCOMARS OR THE WEBSITE DO NOT: (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY; (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY; (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH; (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS; OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES (CAUSE TERMINATION OF YOUR ACCOUNT).


 

Any and all products downloaded or purchased from this Website and Services may be subject to India export controls. You or Your representatives agree that You and Your End Users are not nor will be at any time in the future (i) located in a country embargoed by the India, (ii) the target of any sanctions program that is established by Executive Order of the President or published by the Office of Foreign Assets Control, India Department of the Treasury; (iii) Anti-Spam to make our services more enjoyable and safe for you.


 

Technical Support


 

Incomars.com provides technical support for users. In order to receive technical support from Incomars, the user seeking such support must request such support by contacting Incomars at Incomars or through the support portal. The User should describe the nature of the problem to be resolved as well as provide information about the User (name, address, etc). Incomars.com will make reasonable efforts to respond to such requests in a timely manner. The User shall cooperate with Incomars.com when seeking technical support services by providing information necessary to assist Incomars or requested by Incomars while diagnosing or resolving the issue. Although Incomars cannot guarantee that a technical support issue will be resolved, Incomars will make reasonable efforts to perform technical support services in a professional manner.


 

Feedback


 

You may from time to time provide suggestions, comments or other feedback to Incomars with respect to any product, material, software or information provided by Incomars (hereinafter “Feedback”). You agree that all Feedback is and shall be entirely voluntary and shall not, absent a separate agreement, create any confidentiality obligation for Incomars. Incomars will not disclose the source of any feedback without notice to the providing party. However, Incomars shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to You. The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to Incomars.com’s Privacy Policy posted on this Website and available at https://www.incomars.com/privacy/.




 

Service Access


 

If the Website and Services are not available for any period or any time, Incomars shall not be liable. Incomars gives no warranties as to the accessibility, performance, or availability of the Website or Services. Temporary suspension of access to the Website and Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. Incomars.com reserves the right to suspend the operation of the Website or Services. You agree that neither Incomars nor its third-party providers will be liable to You in any way for the termination, suspension, interruption, delay of any of the services and products on this Website.


 

Privacy


 

Incomars.com respects Your privacy and the use and protection of Your personal information. Please see our Privacy Policy, available at https://www.incomars.com/privacy/ for important information and disclosures relating to the collection and use of Your personal information in connection with Your use of the Website.


 

Ending Your Relationship with Incomars.com

These Terms of Use will continue to apply until terminated by either You or Incomars.com as set out in these Terms. If You want to terminate Your legal agreement with Incomars, You may do so by: (a) notifying Incomars at any time and (b) closing Your accounts for all of the Services which You use. Your notice should be sent to Incomars.com. Incomars.com reserves the right to terminate its legal agreement with You at its sole discretion.


 

Assignment


 

Incomars may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without Your consent. You, however, may not assign or delegate any rights or obligations under these Terms without Incomars prior written consent, and any unauthorized assignment and delegation by You shall be void and ineffective.


 

Agreement to Deal Electronically

All transactions with or through the Website or Services may, at Incomars’s option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.


 

Miscellaneous

Injunctive Relief. You acknowledge and agree that any violation or breach of these Terms of Use may cause Incomars immediate and irreparable harm and damages. As a result, Incomars has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to Incomars in law or in equity, Incomars may seek specific performance of any term in these Terms of Service.


 

Force Majeure. Incomars will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of Incomars.


 

Severability. These Terms of Use will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Use is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.


 

Governing Law and Jurisdiction. These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles of India. 


 

Incomars does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any country. Those who access the Website or Services do so at their own initiative and are responsible for compliance with their national laws.


 

Please also review our Privacy Policy, located at https://www.incomars.com/privacy/ .


 

EXHIBIT A

TERMS OF END USER LICENSE AGREEMENT (to be included in the EULA between the App Developer and other services by Incomars and the End User)


 

For the purposes of the EULA, the “Incomars Product” shall mean the Internet website located at https://www.incomars.com/, software tools, software development kit (SDK), and other related materials, products, and services maintained by or on behalf of your company.


 

End User Content.

All Content added, uploaded, submitted, distributed, posted to, or created using the App by End Users (collectively “End User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such End User Content. You represent that all End User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. Without limiting the generality of the foregoing, you represent that any End User Content you create using tools accessible on the App does not infringe upon the intellectual property rights of any third party and is otherwise in compliance with all applicable laws, rules and regulations. You acknowledge that all content, including End User Content, accessed by you using the App is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any content you access on or through the App is or will continue to be accurate. You are solely responsible for your interaction with other users of the App. You agree that Incomars is not responsible or liable for the conduct of any End User. Incomars.com reserves the right, but has no obligation, to monitor or become involved in disputes between you and other End Users.


 

Proprietary Rights and Non-Disclosure.

Ownership Rights. You agree that the Incomars Product and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Incomars Product, are proprietary intellectual properties and/or the valuable trade secrets or its suppliers and/or Incomars.com’s and are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the India, other countries and international treaties. Incomars and/or its suppliers own and retain all right, title, and interest in and to the Incomars Product, including without limitations any error corrections, enhancements or other modifications to the Product, whether made by Incomars or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein (User's Copyright Infringement). Your possession, use of the Incomars.com Product and the App (Custom App) does not transfer to you any title to the intellectual property in the Incomars Product and the App (Service by Incomars to "You" or "Our Premium Subscribers for Application"), and you will not acquire any rights to the Incomars Product and the App except as expressly set forth in this EULA. All copies of the Incomars Product and the App (Custom Application) made hereunder must contain the same proprietary notices that appear on and in the Product. Except as stated herein, this EULA does not grant you any intellectual property rights in the Incomars Product and the App and you acknowledge that the license, as granted under this EULA only provides you with a right of limited use under the terms and conditions of this EULA. EULA (Is written for our Customers Infringement "EULA")


 

Source Code. You acknowledge that the source code for the Incomars Product is proprietary to Incomars and constitutes trade secret of Incomars. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Incomars Product in any way.


 

No Modification. Other than modifying End User Content as provided herein, you agree not to modify or alter the Incomars Product in any way. You may not remove or alter any notices or other proprietary notices on any copies of the Incomars Product or hinder, limit, or block any of the services by Incomars provided through the App (Custom Application).


 

Prohibited UsesYou agree that you will not:


 

Engage in any act that Incomars deems in its reasonable discretion to be in conflict with the spirit or intended use of the products and related service;

Make improper Use of Incomars’s Product;

Use the Incomars Product and App, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;

Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Incomars Product and the App or Services, or other attempts to disrupt the related service.




 

Legal Purpose


 

You agree to use the Incomars Product and the App (Custom Application) or any services provided hereunder only for purposes permitted by this EULA and applicable terms of service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. INCOMARS IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF INCOMARS PRODUCT AND ANY SERVICES PROVIDED HEREUNDER DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Incomars Product and the App (Custom Application), your actions do not contravene the laws, rules, or regulations of (1) the country (India), state (Delhi), or locality where you reside, or (2) the country (India), state (Delhi), or locality where Incomars.com is located or operates.


 

Statistics


 

You acknowledge and agree that Incomars may collect, analyze and receive anonymous information about your computer, Incomars Product and the App you used or searched for, websites you visited, and pages viewed to facilitate your use of the App and related services.


 

NO WARRANTY AND DISCLAIMER.

NO IMPLIED OR OTHER WARRANTIES. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE PRODUCT IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY WHATSOEVER AND INCOMARS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, REGARDING OR RELATING TO THE INCOMARS PRODUCT OR CONTENT THEREIN OR TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TO YOU PURSUANT TO THIS EULA OR OTHERWISE. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE INCOMARS PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE INCOMARS PRODUCT. INCOMARS MAKES NO WARRANTY THAT THE INCOMARS PRODUCT WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCOMARS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT AND THE ACCOMPANYING WRITTEN MATERIALS OR THE USE THEREOF. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PRODUCT MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS AND OMISSIONS OF THIRD PARTIES. THEREFORE, EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR SOFTWARE AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE. INCOMARS DISCLAIMS ANY AND ALL LIABILITY FOR THE LOSS OF DATA DURING ANY COMMUNICATIONS AND ANY LIABILITY ARISING FROM OR RELATED TO ANY FAILURE BY INCOMARS TO TRANSMIT ACCURATE OR COMPLETE INFORMATION TO YOU.


 

LIMITED LIABILITY; NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE INCOMARS PRODUCT AND THE INFORMATION CONTAINED IN OR COMPILED BY THE INCOMARS PRODUCT, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INCOMARS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE INCOMARS PRODUCT, OR THE INCOMPATIBILITY OF THE INCOMARS PRODUCT WITH ANY HARDWARE, SOFTWARE OR USAGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INCOMARS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR THE INCOMARS PRODUCT. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


 

POWERED BY INCOMARS SOFTWARE SERVICES