This document constitutes an electronic record generated by a computer system, which does not require any physical or digital signatures.

Doodl Space, a trademark of Quarkfarm Communications Private Limited, incorporated under the Companies Act 2013 and having a GST registered office at 660-e, 6th Floor, A-Wing, B.D. Patel House, Naranpura, Ahmedabad- 380014, together with its subsidiaries, group companies, and affiliates (“Company”, “We”, “Doodl Space”, “Us”, or “Our”) provides graphic design, video editing, and motion graphics services through website and mobile applications, and/or other domains or platforms owned and/or operated by the Company, which currently includes www.doodlspace.com and any other websites and mobile applications, and/or other domains or platforms which may be owned or operated by the Company in future (collectively referred to as “Platform”).

Users are requested to carefully review these terms and conditions (“Terms of Usage”, ”Terms of Service” or “Terms”) before accessing or using the Platform or availing of the Services (as defined below). By continuing to browse or use the Platform to access the Services, you irrevocably agree to comply with, and be bound by, all the obligations outlined in these Terms, read in conjunction with our privacy policy available at https://doodlspace.com/privacy-policy/ (“Privacy Policy”), as well as any other policies referenced herein or available on the Platform (collectively referred to as “Terms and Conditions”). These Terms and Conditions govern the relationship between the Company and the User concerning the use of the Platform and Services. These Terms and Conditions supersede any prior oral or written agreements communicated to the User (including but not limited to earlier versions of these Terms and Conditions) and shall serve as the binding agreement between the Company and the User. If the Company executes a services agreement, order form, or other agreement with the User relating to one or more Services, the terms and conditions of such agreements (“Paper Contracts”) will prevail, but only in the event of any conflict. Except as specified in any Paper Contract, Doodl Space will not entertain any counter-offers to these Terms and Conditions, which are categorically rejected.

Additionally, further terms and conditions may apply to the purchase of certain Services or features of the Platform. These terms are hereby incorporated into these Terms and Conditions by reference.

If you are accessing or using the Platform and Services on behalf of a business or other legal entity, you acknowledge that your business or entity shall be legally and financially responsible for your access to and use of the Platform and Services, as well as the use of the Platform and Services by any employees, agents, or others affiliated with you.

IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS STATED IN THIS TOS, PLEASE REFRAIN FROM USING THE PLATFORM OR ITS SERVICES.

I. Definitions

• Account: Refers to the account created by a User on the Platform to access or use one or more Services. This includes Organisation Accounts.
• Applicable Law: Refers to all relevant laws and regulations that apply to a User of the Platform, whether in force at the time of these Terms or enacted later, as amended from time to time concerning your use of the Platform.
• Customer: Refers to those Users who seek to avail themselves of Services through the Platform.
• Designer: Refers to any individual either employed by Doodl Space or contracted to provide creative services via the Doodl Space Platform.
• User or You: Refers to any individual or entity that accesses or visits the Platform and/or avails of one or more Services on the Platform, or their representatives or affiliates registered on the Platform. The terms “Your” and “Yourself” shall be interpreted accordingly.
• Collaborator: Refers to any third parties with whom Doodl Space has collaborated or may collaborate in the future to create the Platform and offer the Services.
• Creative(s) or Creative Output(s): Refers to the materials generated through the Services offered by Doodl Space, based on the specific requirements of the User.
• Input: Refers to data, information, suggestions, text, content, open files, and other materials that the User submits, uploads, transmits, or otherwise makes available on the Doodl Space Platform.
• Organisation Account: Refers to an account created on the Platform in the name of an entity, department, or team within an entity, intended for use by multiple Users.
• Plan: Refers to the combination of Services and usage limits with an associated price value that a Customer can subscribe to through the Platform.
• Price Quote: Refers to the form outlining the price to be charged by the Company to the User for using the relevant Services, whether provided as part of a Paper Contract, checkout form (payment link), or any form on the Platform.
• Service(s): Refers to the services provided through the Doodl Space SaaS-based Platform, as outlined in greater detail under Clause III below. Services may change from time to time at the Company’s sole discretion. This also includes design services offered under different models such as subscription, pay-as-you-go, or any new services introduced by Doodl Space from time to time, along with any updates, modifications, or improvements.
• Usage Limits: Refers to the usage limits provided to each Customer according to their chosen Plan.

II. Modifications to the Terms and Conditions

Your continued use of the Platform is subject to the prevailing Terms and Conditions, which may be updated, amended, modified, or revised by Us periodically. We will notify You of any changes to the Terms and Conditions in accordance with applicable law. As a User, it is Your responsibility to review and stay informed of any additions, revisions, amendments, or modifications made to these Terms and Conditions, as they form the basis of Your engagement with the Company and the Platform. Any updates to the Terms and Conditions will be considered effective as soon as they are made available on the Platform. If You continue to access or use the Platform, its Content, and/or Services following the publication of updated Terms and Conditions, Your continued use shall be taken as confirmation that You have read, understood, and accepted the changes. Any reference to Terms of Usage/Terms and Conditions shall refer to the most recent version available.

III. Service(s) provided to Users

We provide You with a Platform and a subscription-based model that collates Your design, video editing, and motion graphic requirements and addresses them by providing original and unique creative as per the specifications provided for the Assignment (“Design Services”). Subject to the Plan availed by the Customer, the following Services shall be rendered in this regard:

• We will assign a designer based on the Plan opted for and with expertise tailored as per your requirements
• Create designs as per Your specifications with regard to that particular Assignment;
• A steady flow of designs with backup, quality support, and account management assistance to help you keep your creative production on track
• Paid scalability option, so that you can scale your creative outputs seamlessly with additional bandwidth on-demand.

Subject to your compliance with this Agreement, as well as your subscription for an applicable plan and our timely receipt of your associated payment(s), we will make the applicable Services available to you during the term to which you have subscribed. We will use commercially reasonable efforts to make the Services available subject to planned downtime and any unscheduled emergency maintenance.  We may modify, replace, or discontinue the Services at any time, for any reason, without notice to you.

IV. Use of the Service

1. Your use of the Services is strictly governed by the terms set forth in this Agreement. By using the Services, you agree to: (i) provide accurate, up-to-date, and complete information about yourself as required by any registration form on the Site (“Registration Data”); (ii) promptly update the Registration Data to ensure it remains accurate, current, and complete; (iii) safeguard the security of your password and identification information; (iv) immediately inform us of any unauthorized access to your account; and (v) assume full responsibility for all actions that take place under your account. Each individual using the Services must have a separate username and password. A valid email address must be provided for each person authorized to use your account. Additionally, you agree to supply any other reasonable information we may request.
2. We reserve the right to terminate your account without prior notice or liability, if at our sole discretion, we determine that you: (i) have breached this Agreement; (ii) are misaligned with our business model; (iii) have shared usernames or passwords; (iv) have violated our core values; or (v) are misusing our services or team, including but not limited to using our services for any illegal activity.
3. “Licensed Content” refers to content owned or licensed by us, including but not limited to artwork, stock images, audio, typefaces, video, designs, and writings. While you retain full ownership of your graphic design project, any Licensed Content incorporated within your design is subject to the terms outlined below. You are not granted any rights beyond those explicitly set forth in this Agreement. By submitting feedback, suggestions, or recommendations, you grant us a perpetual, irrevocable, worldwide, non-exclusive, transferable, and sublicensable right to use and commercially exploit such feedback in any way.
4. Subject to your ongoing compliance with this Agreement, including the timely payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to access and use the Services for your internal business purposes. You may not access or use the Services to monitor their availability, performance, or functionality for competitive reasons. Furthermore, you shall not, nor permit any third party to: (a) reverse engineer (except where specifically permitted by law), decompile, disassemble, or attempt to uncover the source code, object code, or underlying structures, ideas, or algorithms of the Services; (b) modify, translate, or create derivative works based on the Services; (c) use the Services for any purpose other than those permitted under this Agreement; or (d) use the Services other than in compliance with all applicable laws and regulations, including but not limited to privacy and intellectual property laws.
5. You may use the Services for any number of projects and scope that you have that you have subscribed for under the applicable plan and as are appropriate based on the size of your account. While we accept unlimited requests and revisions, our output volume depends on many factors, namely complexity, clarity of your briefs, your total monthly request volume, and the number of revisions. We will do our best to work with you to accommodate any priority items and your timelines, but we suggest you do not use our Services for time-sensitive projects.
6. Upon receiving deliverables, you agree to review all files for any errors or omissions and notify us of any necessary corrections. Since content writing falls outside the scope of our services, you bear full responsibility for the accuracy of the content you provide to us for inclusion in your designs.
   
7. You are the sole owner or controller of any data, materials, or information that you provide to us to use the Services (“Input”). By submitting such Input, you confirm that you own or possess the necessary rights, licenses, and authorizations to distribute the Input. You grant us a worldwide, royalty-free, non-exclusive license to access and use the Input to deliver the Services.
   
8. A subscription is defined by the period of the Plan you have purchased, which may include monthly, quarterly, yearly, or other periodic subscription add-on plans introduced by Doodl Space. Unless otherwise specified in any Paper Contract between the Company and the User, the bandwidth of the Plan is exhaustible during the specified period and cannot be carried forward into a subsequent renewal period. The bandwidth of one Plan cannot be transferred to another Plan, Service, or Organization Account.

V. Eligibility

Creation of an Account on the Platform is available only to persons who can form legally binding contracts under Applicable Law. By using the Platform and creating an Account, You affirm that You are:

1. at least eighteen (18) years of age or such age of majority as stipulated under Applicable Law (“Minimum Age”). For anyone under the Minimum Age (“Minor”) who is accessing / browsing/ using the Platform, their parent or guardian under Applicable Laws, shall accept and agree to the Terms and Conditions (“Parental Consent”). Any access/browsing/use of the Platform by any Minor shall be deemed to have Parental Consent; and
2. are competent to enter into the terms, conditions, obligations, affirmations, representations, warranties outlined in the Terms and Conditions. Persons who are “incompetent to contract” under Applicable Law including but not limited to minors, un-discharged insolvents, or persons of unsound mind are not eligible to use the Platform and We may immediately and without reason suspend or restrict Your access to the Platform if We have reason to believe that You are “incompetent to contract”

If You avail the Services as part of an Organization Account, You agree to these Terms on behalf of such entity on whose behalf the Organisation Account has been created and You represent that You have the authority to do all acts necessary relevant to the use of the Platform on behalf of the entity to whom the Organisation Account belongs.

VI. User Account Registration

To access the Platform, you must first create an Account, for which you are required to provide accurate and truthful information. You acknowledge that any information provided, in any format, is not confidential or proprietary, and does not infringe upon the rights of any third party. Each Account is non-transferable and cannot be sold, traded, merged, or shared with any other person. The information you provide during Account creation will be subject to our Privacy Policy. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You may register using an email address and/or phone number, both of which will be verified by the Company. Please be aware that your phone number may be used for integration with messaging platforms such as WhatsApp or other platforms chosen by us upon Account creation. By creating an Account, you consent to receive communications from us via these platforms. The Company does not permit the use of personal email addresses for the creation of Customer or Organization Accounts.

You also agree not to access or use another User’s Account or login credentials unless: (a) you have explicit authorization to do so; and (b) such use does not violate these Terms and Conditions.

In the event you become aware of any unauthorized use of your Account or unauthorized access to your login credentials, you agree to notify us immediately. We are not responsible for any activities carried out through your Account if you fail to notify us of such unauthorized access. Furthermore, you agree not to access another User’s Account or use their login credentials unless: (a) you are explicitly authorized to do so; and (b) such actions do not violate these Terms and Conditions.

You may register and create an Account as a Customer by providing the required information on the Platform. Once your Account has been created, you may be asked to enter into a Paper Contract with the Company detailing the terms and conditions of service, rights, liabilities, financial terms, and obligations. By logging into the Platform using your credentials, it will be assumed that the Account has been accessed by you or any third party to whom you have granted access. You agree to promptly notify us if you suspect unauthorized use of your Account or access to your login credentials. We shall not be held liable for any activities conducted through your Account if you fail to notify us of such unauthorized access.

Organization Account Registration

The User who creates an Organization Account and accepts these Terms and Conditions on behalf of an entity represents and warrants that they possess the authority to bind the respective entity to these Terms. By agreeing to these Terms, the User does so on behalf of the entity. This User shall hereafter be referred to as the “Admin.” The Admin has the right to appoint one or more Users as ‘Admin(s)’ to operate the Organization Account. Only Admins may create or remove individual Users for authorized members of the entity, each of whom will have unique login credentials. Furthermore, only the current designated Admin of the Organization Account may appoint or remove other Admins.

Admins are granted full access and control over the Organization Account and possess the authority to make all decisions relating to the account on behalf of the entity. The Company shall not be liable for any actions performed by Admins on the Platform and assumes no responsibility for any activity within the Organization Account carried out by such Admins.

VI. License to Use the Platform

1. Provided that you comply with these Terms and Conditions and have paid any applicable fees, the Company grants you a limited, non-exclusive, non-transferable license to: (i) access and use the Services; (ii) view, download, and print any Content available on the Platform for your personal, non-commercial purposes only; and (iii) in the case of Content Services, access, modify, edit, and download any Content that you have been granted access to by the Customer, solely for internal use. No User is granted the right to sublicense the rights provided herein.
2. You agree not to use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Platform, except as explicitly allowed under these Terms and Conditions. No licenses or rights are granted to you, whether by implication or otherwise, under any intellectual property rights owned or controlled by the Company or its licensors, except as expressly provided within these Terms and Conditions. The Platform, along with all intellectual property rights associated with it, is the exclusive property of the Company.

VII. Free Trial

1. The company reserves the right to offer free trials, modify or terminate access to the free trial, and delete any input or other data provided by customers during the trial, at its sole discretion and without prior notice. The company may collect, use, and disclose customer data in accordance with its terms of service, and privacy policy.
2. Customers who cancel their free trial may not be eligible for future free trials.
3. Doodl Space will be the sole and exclusive owner (including the Intellectual Property Rights) of all the creative outputs delivered during the trial period. Such ownership will be transferred to the Customer after the Customer has subscribed to any of the Plans by making full payment towards the subscription. Clause XX will still be applicable during the free trial.

VIII. Cancellation Policy

1. Customers who wish to cancel their subscription may do so at any point of time during their ongoing subscription period by informing Doodl Space at [email protected] or by using the cancellation option provided in the platform. However, the cancellation will take effect only after the end of the ongoing subscription period. Doodl Space will not be liable for any refunds for the unused subscription period.
2. Customers who terminate their contract before the end of the lock-in period may be liable for paying the remaining or upcoming payments, as per the subscribed plan and/or any paper contract agreed between the customer and the company.

IX. Use of Your Information and Content Displayed on the Platform

1. When you create, transmit, submit, display, or otherwise make information available while using the Services, you may only provide information that you own or have the legal right to use. We will handle the information you provide in accordance with our Privacy Policy and Applicable Law. Please review our Privacy Policy carefully for more details on how your information is collected, used, and disclosed. The Privacy Policy is incorporated into these Terms by reference.
   
   
2. We reserve the right to retain, delete, or destroy any information and materials posted or uploaded through the Services, in line with our internal record retention and destruction policies. We may use third-party cloud service providers or rely on our own infrastructure to host servers and databases. While we will use commercially reasonable efforts to ensure that data stored on our servers remains persistent and available to Users, we cannot be held responsible for failures of third-party servers or any factors beyond our control that may lead to the permanent deletion, inaccessibility, or temporary unavailability of data.
   
   
3. You acknowledge and agree that We may preserve Your information and may also disclose Your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any of Your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public

X. Non-circumvention

Doodl Space acts as the intermediary between the Designer and the Customer. The Customer agrees not to directly or indirectly attempt to circumvent, bypass, or avoid the intent of these Terms, particularly to avoid payment of fees related to any Assignment. Additionally, the Customer agrees not to enter into transactions involving any potential Assignment directly with the Designer. You are required to inform the Company immediately if the Designer suggests that you should make or receive payments outside of the Platform, or if you receive unsolicited contact from the Designer outside of the Platform, in violation of these provisions.

Customer-Designer interactions are facilitated through the Platform. Customers are advised to share only the data necessary for completing the Assignment with the Designer and must refrain from sharing any personal data. The Company assumes no responsibility or liability for any information exchanged between a Customer and a Designer.

XI. Third-Party Services

While using the Services, Users may interact with third-party service providers. The Company does not take responsibility for, nor does it endorse, any third-party services that may be mentioned on the Platform. The Company disclaims all liability for any actions or omissions of third parties. Any transactions, communications, or dealings that the User may have with these third parties are conducted at the User’s own risk, and we make no guarantees, whether express or implied, regarding the quality or suitability of third-party services or products. If you are redirected to a third-party website via links provided on the Platform, please note that such websites will be governed by their own privacy policies and terms of use. The Company is not liable for any transactions or the dissemination of information that may occur while accessing these third-party websites.

XII. Fees

You agree to pay us any fees for the Services availed by you, in accordance with the pricing and payment plans presented to you by the Company on the platform, the website, or a customized price from the official email domain (doodlspace.com). Payment against fees can be made online through credit Card/internet banking etc. or any mode of payment that is made available to the User in the Platform. The Fees paid by you are non-refundable, except as provided in these Terms and Conditions.

If agreed otherwise in a Paper Contract, a feature of a Plan or officially agreed by Customer and Doodl Space through official email IDs, the Company will allow the Customer to pay via Bank Transfer.

Any service that Doodl Space provides is by default, a prepaid service and 100% payment must be paid to subscribe to the services, provided that, there is any special written agreement between the customer and the company regarding any partial or postpaid payment plan.

For Indian Customers

If the Customer is a company/firm registered under the law of India, they will be liable to pay additional GST on top of the applicable fees set for the Plan being purchased. The applicable GST will be 18% on top of the Plan fees.

As per the law of India, the Customer is required to deposit TDS on behalf of the Company upon each transaction. Unless agreed otherwise in any Paper Contract between the Customer and the Company, the Customer agrees to pay the Company in full and then claim back the TDS amount by sharing a valid form-16 as proof of TDS being deposited to [email protected]. All such valid claims will be settled by the Company in the Customer’s Organization Bank Account within 7 working days.

The applicable TDS for Doodl Space services is 10% under section 194(J).

XIII. Restrictions

1. As a condition for using the Services, you agree not to utilize the Services for any purpose that violates these Terms and Conditions, any rules or policies we may implement from time to time, or any Applicable Laws.
   
   
2. By way of illustration and not limitation, you shall not (and shall not permit any third party to) undertake any actions that: (i) would violate any Applicable Law, rule, or regulation; (ii) infringe upon the intellectual property rights or any other rights of any individual or entity; (iii) are threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; or (iv) impersonate any person or entity. The Company reserves the right to disable any Account on the Platform at any time for any reason (including, but not limited to, upon receiving claims or allegations from third parties or authorities, or if the Company believes you may have violated these Terms), or for no reason at all, with or without notice to the User(s).
   
   
3. Additionally, you shall not share any information that: (i) could be harmful to minors or children under the Minimum Age; (ii) threatens the unity, integrity, defense, security, or sovereignty of India, promotes friendly relations with foreign nations, or disrupts public order, or incites any cognizable offense, or obstructs the investigation of any offense, or is disrespectful to any nation; (iii) is invasive of another’s privacy, hateful, or racially or ethnically objectionable, derogatory, or promotes money laundering or gambling, or is otherwise unlawful in any manner; (iv) causes harm to minors in any way; (v) infringes any patent, trademark, copyright, or other proprietary rights; (vi) violates any applicable laws; or (vii) impersonates any individual.
   
   
4. Furthermore, you shall not (directly or indirectly): (i) take any actions that impose or may impose an unreasonable or disproportionately large burden on the Company’s (or its third-party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper operation of the Platform or any activities conducted therein; (iii) bypass any measures we may employ to prevent or restrict access to the Platform (or any parts thereof); (iv) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or underlying ideas or algorithms of any part of the Platform, except as permitted by applicable law; (v) modify, translate, or create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all rights granted to you herein.
   
   
5. You agree not to access the Platform and/or its Services, or the personal information of other Users available on the Platform, for the purpose of creating a similar or competitive website, product, or service.
   
   
6. You agree to immediately notify us of any unauthorised use, or suspected unauthorized use of Your Account, or any other breach of security, in relation to Your personal information on the Platform.

XIV. Alerts Provided by The Company

1. The Company offers you various automatic alerts while you are utilizing the Services.
   
   
2. You acknowledge and agree that alerts delivered through the Platform may be subject to delays or interruptions due to various factors. We will strive to provide alerts promptly and with accurate information; however, we do not guarantee the delivery or accuracy of any alert’s content. Furthermore, you agree that we shall not be held liable for any delays, failures in delivery, or misdirected alerts; for any inaccuracies in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

XV. Communication with You

You consent to being contacted by us via telephone, email, SMS, WhatsApp, or any other communication method for the following purposes:

• Collecting feedback regarding the Platform or our Services;
• Gathering feedback concerning any other Users listed on the Platform;
• Notifying you of modifications or changes to the Terms and Conditions, or any component thereof;
• Addressing any complaints, inquiries, or issues raised by other Users related to your Content/Work; and
• Introducing and disseminating information about the Platform and the Services.

You agree to fully cooperate in such communications initiated by the Company.

By providing suggestions or feedback regarding our Services or the Platform, you grant us the right to use and share such feedback for any purpose without compensation to you, and we are under no obligation to keep such feedback confidential.

XVI. Electronic Signatures and Legal Notices.

You agree that any electronic signature, symbol, or process affixed to or associated with an agreement, order form, certificate, or any other document between you and Doodl Space, executed with the intent to sign, authenticate, or accept its terms, shall carry the same legal validity and enforceability as a handwritten signature or the use of a paper-based recordkeeping system, to the fullest extent permitted by Applicable Law.

You consent to receive electronic notices from us under these Terms, with the understanding that such consent has the same legal effect as a physical signature.

We may send notices regarding your activity and alerts electronically through your Account, via email, or through text or SMS to the contact information you have provided. Notices relating to payments or these Terms will be sent via your Account or email, and you agree they will be deemed received one (1) day after being sent. You acknowledge that you may not use the Services unless you consent to receive these notices electronically. The only way to withdraw this consent is by closing your Account.

We may also send notices to your mobile phone via text or SMS, to the phone number you have provided. These notices may include information related to the Services, contracts, order forms, invoices, and other documents.

You are responsible for maintaining an updated web browser, a computer, and a mobile device to properly receive these notices. Any costs associated with sending or receiving notices electronically, imposed by your internet or mobile service providers, are your responsibility.

If you are having trouble receiving notices, or believe you are not receiving them correctly, please contact us immediately via email at [email protected]..

XVII. Profile Ownership and Editing Rights

We provide Users with a convenient tool to update their profile information. However, we reserve the right to review and moderate any changes or updates you request, and we will make an independent decision on whether to approve or reject those requests. By submitting profile updates, you represent and warrant that you have the legal right, under Applicable Law, to provide such information as part of your profile or in connection with your use of our Services, and that no part of this information infringes upon third-party rights, including intellectual property rights or data protection laws. If we become aware of any breach of this representation, we reserve the right to modify or remove parts of your profile information at our sole discretion, with or without providing notice to you.

Except for your Account information, you acknowledge that the Platform, its entire content, Services, and all related intellectual property rights, including copyrights, patents, trademarks, designs, and trade secrets, are the exclusive property of Doodl Space.

The same terms apply to Users accessing the Platform through an Organization Account. The Company reserves the right to moderate any profile updates requested by you, and we will independently decide whether to approve or reject such updates.

XVIII. Rights and Obligation relating to the usage of the Platform

Users shall be prohibited from carrying out the any illegal acts in the Platform including but not limited to acts mentioned below:

1. violating or attempting to violate the integrity or security of the Platform;
2. transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
3. intentionally submitting on the Platform any incomplete, false or inaccurate information;
4. directly or indirectly, engage in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication to other Users;
5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
6. running a coded script/algorithm on the Platform to extract any information or perform any activity. All action on the Platform should be done by human interaction, and machine interaction is strictly prohibited;
7. circumventing or disabling any digital rights management, usage rules, or other security features of the Platform;
8. defamation, harassment, abuse, or disruption of a User or a User’s ability to access the Platform;
9. grossly harming, creating obscene, pornographic, paedophilic, hateful, or racially, ethnically objectionable, or libelous content, invading another’s privacy, encouraging money laundering or gambling, trolling, creating propaganda or otherwise unlawful in any manner whatever;
10. Any unlawful activities in the Platform which are prohibited under Applicable Law.

The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes. In case of non-compliance with any Applicable Laws, rules or regulations, Terms and Conditions or the terms of the Paper Contracts (if any) by a User, we shall have the right to immediately terminate Your access or usage rights to the Platform and Services and to remove non-compliant information from the Platform.

XIX. Intellectual Property Rights

All the brand names, logos, trademarks, design marks, domain names, trade dress and specific layouts of the webpages of the Platform, including without limitation calls to action, text placement, images, technology, content, software and other materials, which appear on the Website, including its looks and feel and other intellectual property owned and /or licensed to the Company, whether registered or unregistered, (“Company IP”) are exclusive property of the Company, its affiliates, partners or licensors, and is protected by laws of India, including laws governing all applicable forms of intellectual property. The Company has the proprietary rights and trade secrets in the Platform and the Services (together with Company IP “Doodl Space Property”). You shall not, directly or indirectly copy, reproduce, modify, duplicate, re-publish, re-sell or re-distribute any Doodl Space Property in whole or in part or in any other form whatsoever. The access to the Platform or the Services does not authorize anyone to use any Doodl Space Property or part thereof, in any manner. 

Services

1. Doodl Space agrees that the Customer will be the sole and exclusive owner of all the right, title and interest in and to the deliverables, including all intellectual property rights therein. The intellectual property right of all the design that we create for the customer during the rendering of services will be automatically transferred to the customer, subject to your compliance with the agreement, your full payment of the applicable amount due against the services being rendered and the terms stated in section XIX.2 and XVIII.

1. In the course of providing the Services, we may use certain pre-existing materials.  We and our licensors are, and will remain, the sole and exclusive owners of all right, title, and interest in and to any pre-existing materials.  We grant you a perpetual, limited, royalty-free, non-transferable, non-sublicensable, worldwide license to use, display, and distribute any pre-existing materials to the extent incorporated in, combined with, or otherwise necessary for the use of the Services or deliverables.  We expressly reserve all other rights in and to such pre-existing materials.

Third Party Data

During the course of providing Services, the Platform may use the data and information derived from public domain and data and information provided by independent third parties (“Third Party Data”) which is provided “as is”. Doodl Space makes no representation or warranty regarding the accuracy, completeness, or reliability of such public data or Third Party Data. Use of such Third Party Data by the Platform does not grant to the User any right, title, or interest in such data and it shall remain the sole property of the original owner of such content. All intellectual property rights in the Third Party Data are and shall continue to belong to the original owner of the data and such Third Party Data shall not be used for commercial purposes without permission of the original owner.

Notwithstanding anything contained herein, Doodl Space is free to use the general know-how and skills developed by Doodl Space and its Designers using its resources during the performance of the Services (“Residue”), for any purpose, including use in the development, creation, and maintenance of its Creative being created in the course of the provision of its services to other Customers, provided that in no event shall Residue include any of the Creatives. Any form of intellectual property rights in the Residue shall be solely and exclusively owned by Doodl Space.

Any Third Party data or information provided by the Customer to the Company during the course of providing the Services shall be the responsibility of the Customer in regard to the authenticity, rights to use, and non-violation of the Third Party IP in any form. Doodl Space will not be responsible for any consequences arising from complaints or lawsuits regarding copyright infringement of such third-party data.

We respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement, you can write to us at [email protected]

XX. Portfolio Rights

You grant us a limited, non-exclusive, non-sublicensable, royalty-free, worldwide license to use, publish, and display any deliverables we create in connection with the Services for marketing and advertising purposes (the “Portfolio Rights License”). You have the right to revoke the Portfolio Rights License at any time by providing written notice to [email protected]. Upon revocation, we will cease using your deliverables for marketing and advertising purposes. However, your deliverables may still remain available online where they have been previously used by others in accordance with the Portfolio Rights License.

XXI. Modification

We reserve the right, at any time and with sole discretion, to change, modify, or amend the Terms and Conditions (in whole, or in part) or any of the Platform (in whole, or in part) with notice to You. By continuing to access or use the Platform after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Platform.

XXII. Support

The Company provides an email-based support system. Should you require any assistance or support, you may reach out to our support team by emailing [email protected]. The Company will respond to each complaint within 48 hours of its receipt and will make its best efforts to resolve the complaint within thirty (30) days of receipt.

You acknowledge and agree that the Company will address and attempt to resolve complaints according to its standard policies and procedures. Your dissatisfaction with the outcome or method of resolution will not be considered a failure by the Company to address the complaint. Any suggestions made by the Company regarding the use of the Services are not to be interpreted as warranties.

XXIII. Conflict

In the event of any conflict or inconsistency between these Terms and Conditions and any Paper Contract executed with the Company, the terms and conditions of the relevant Paper Contract shall prevail, to the extent of conflict.

XXIV. Interruption or Suspension of the Service

Occasionally, the Platform or Services may be temporarily unavailable due to maintenance or modifications. While we strive to keep any downtime as brief as possible, we cannot guarantee the continuous availability of the Platform or Services, and we shall not be liable for any losses or damages, whether financial or otherwise, arising from interruptions in your use of the Platform or Services.

Additionally, Doodl Space reserves the right to modify, suspend, or discontinue the availability of any portion of the Platform or Services at any time, without notice or liability. Doodl Space may also place limits on certain features of the Platform or restrict access to parts or all of the Platform, again without notice or liability. Users acknowledge that the fees associated with the Services may change without prior notice or liability.

XXIV. Termination

1. This Agreement will expire and terminate upon the expiration or termination of your account or subscription to a Service.  All sections of this Agreement which by their nature should survive termination will survive termination, including but not limited to, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
2. We may terminate this Agreement at any time upon notice if you default or breach this Agreement.  Upon expiration or termination of your account or subscription to a Service, all rights under this Agreement relating to such Service will immediately terminate, and you will lose all access to the applicable Service, including access to your account and Customer Content or other files.  If we terminate the Agreement for your breach, any licenses to Licensed Content will terminate.

XXV. Disclaimer

THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

XXVI. Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) Your use or misuse of, or access to, the Services and Platform; (ii) any infringement of third party rights or contravention of applicable law; or (iii) Your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Us in connection therewith.

XXVII. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR THE PLATFORM, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE USD 100 OR ITS EQUIVALENT, (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.

DOODL SPACE DOES NOT MAKE ANY REPRESENTATION REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE THIRD PARTY DATA AND SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR IN RELATION TO ANY INACCURACY OR ERROR OF ANY THIRD PARTY DATA. 

DOODL SPACE SHALL NOT BE LIABLE FOR ANY CLAIMS/LOSSES ARISING FROM (A) USE OF THE PLATFORM OR THE SERVICES BY USERS; (B) COMBINATION OF THE CONTENT WITH ANY HARDWARE, SOFTWARE, GRAPHICS, DATA, OR OTHER MATERIALS NOT COMPATIBLE WITH THE CREATIVE; AND (C) CUSTOMER’S USE OF CREATIVE.

XXVIII. Exemptions to liability of Company

You further agree and confirm that the Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:

1. Your failure to cooperate;
2. Your unavailability and/or unresponsiveness;
3. Your failure to provide accurate and complete information;
4. Your failure to provide or facilitate the creation/submission of Content in timely manner;
5. Any event beyond Company’s reasonable control.

You acknowledge and agree that You shall be solely responsible for the legality, accuracy, completeness, or reliability of the Input. You undertake and represent that the Input does not contravene any provisions of the applicable law and does not infringe upon the intellectual property rights of any third parties.

XXIX. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of law provisions. All claims, differences and disputes arising under or in connection with or in relation hereto, the Platform or the Services (“Dispute”), the Terms and Conditions or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, India and you hereby accede to and accept the jurisdiction of such courts.

XXX. Arbitration and class action waiver

If after 30 (thirty) days of consultation, the User(s) and Doodl Space (“Disputing Parties”) fail to reach an amicable settlement, on any or all of the Disputes, such Disputes shall be submitted to final and binding arbitration at the request of any of the Disputing Parties upon written notice to that effect to the other Disputing Party. In the event of such arbitration:

1. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 (which is deemed to be incorporated into these Terms by reference);
   
   
2. All proceedings of such arbitration shall be in the English language. The venue and place of the arbitration shall be Mumbai, which shall be the seat of the arbitration;
   
   
3. The arbitration shall be conducted by a sole arbitrator appointed jointly/collectively by the Disputing Parties. In the event that the Disputing Parties are unable to agree on a sole arbitrator within 15 (fifteen) days following submission of the Dispute to arbitration, the sole arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996;
   
   
4. The arbitrator’s award shall be substantiated in writing. The tribunal shall also decide on the costs of the arbitration proceedings which, until decided, shall be borne equally by the Disputing Parties. In case the arbitrators have not decided on the costs of the arbitration proceedings, each Disputing Party shall bear its own costs, in relation to the arbitration proceedings and the cost of arbitration proceedings including fees of arbitrators shall be borne equally by the Disputing Parties;
   
   
5. The existence or subsistence of a Dispute between the Disputing Parties, or the commencement or continuation of arbitration proceedings, shall not, in any manner, prevent or postpone the performance of those obligations of the Disputing Parties under these terms and conditions or any contract currently subsisting between the Disputing Parties which are not in Dispute; and
   
   
6. By accepting these Terms and Conditions, You agree to waive Your right to bring or participate in a class action lawsuit against us. Neither You nor We may be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding.

XXXI. Miscellaneous

1. The Terms and Conditions are the entire agreement and understanding between You and the Company with respect to the Services and usage of the Platform.
   
   
2. If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
   
   
3. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
   
   
4. The Terms and Conditions are personal to You, and are not assignable or transferable by You except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
   
   
5. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
   
   
6. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or one (1) days after it is sent, if sent for next day delivery by recognized overnight delivery service.

XXXII. Grievance Redressal Mechanism

Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated grievance officer as mentioned below via in writing or through email signed with the electronic signature to:

Email ID: [email protected]

Each such discrepancy or grievance shall be provided a ticket number which may be accessed on the Platform to track the status thereof.

XXXIII. Force Majeure

If we are unable to perform any obligation under this Agreement because of any matter beyond our reasonable control, including but not limited to a pandemic or widespread outbreak of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications,  utility services or other third party services, and hostile network attacks (each, a “Force Majeure Event”), we will have no liability to you for such failure to perform; provided, however, that we will resume performance promptly upon removal of the circumstances constituting the Force Majeure Event.

XXXIV. Contact

If you have any questions regarding the Services or usage of the Platform, please contact Company at [email protected]. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.