Terms of Service
Version 2.2 • Updated on 12th September 2023
These terms and conditions ("Terms of Service") set out the terms and conditions for use of https://cohesive.so/ (the "Site") and any features, subdomains, content (except as specified hereunder), functionality, products, services (including the Services), media, applications, or solutions offered on or through the Site and/or through any modes, medium, platform or format (hereinafter collectively referred to as the "Platform"/ "Cohesive Platform").
These Terms of Service apply to all users of the Platform, including without limitation, all users who visit the Platform and any user who accesses the Platform and creates an account on the Platform to use the Services collectively referred to as "you", "your",or "User(s)"). These Terms of Service along with the Privacy Policy, and any other terms and conditions, rules, policies or guidelines included in these Terms of Service or Privacy Policy by reference and/or as updated on the Platform or otherwise communicated to you from time to time (including terms and conditions of other third party platforms that may be used or accessed for gaining access to the Platform or using the Services on the Platform (collectively referred to as the "Platform Term(s)"), defines the relationship between you and Cohesive, and they shall govern your use of the Platform and the Services (defined below) offered therein. Your access to the Platform and use of Services is subject to your acceptance of the Platform Terms and such acceptance of the Platform Terms forms a legally binding agreement between you and Cohesive ("Agreement"). Hence, please take your time to read the Platform Terms in their entirety.
From time-to-time, updated versions of the Platform Terms may be made available as aforesaid for your reference. By visiting and accessing the Platform, providing your Personal Information (as defined in the Privacy Policy), using the Services offered or by otherwise signing your agreement when the option is presented to you, you hereby expressly accept and agree to the Platform Terms. If you do not agree to any of the terms or do not wish to be bound by them, then please do not use the Platform in any manner.
When we speak of "Cohesive", "we", "us", and "our", we collectively mean Unacademy Inc. – a company incorporated in Delaware, USA and all of its affiliates which have license to host the Platform and offer Services. Kindly refer to the ‘About Cohesive’ section of these Terms of Service to know more about Cohesive.
All capitalized terms are defined/have the meaning assigned to it under these Terms of Service. In other words, if you find any word herein that has its first letter capitalized, then it means that we have explained the meaning such word has in the context of these Terms of Service and/or the Platform Terms; if not here, then it will be provided in the relevant Platform Terms – when we refer to any such term in these Terms of Service, we will try and specify where in the Platform Terms you can find the meaning/definition.
Table of Contents
- About Cohesive
- Platform Services
- Eligibility and Access to the Platform
- Your Accounts
- Use of the Platform
- Termination of Account
- Intellectual Property Ownership and License
- Claims relating to the use of third-party Intellectual Property
- Ownership of Cohesive Intellectual Property
- Cohesive’s Rights
- Platform Availability
- Pricing, Payments and Refund
- Communications
- Privacy Policy
- Feedback
- Prohibited Use
- Linked Websites
- Disclaimer
- Indemnity and Release
- Limitation of Liability
- OFAC (Office of Foreign Asset Control)
- Applicable Laws and Jurisdiction
- California Civil Code Section 1789.3
- General Provisions
- Contact for User Support/Queries
- Contact Us
- About Cohesive: The Cohesive Platform is owned, managed, operated, and offered by Unacademy Inc, a company incorporated in Delaware, USA having its place of business at c/o Vistra (Delaware) Ltd., 3500 South Dupont HWY, Dover, Kent, Delaware- 19901.
- Platform Services: Cohesive is a Platform that offers Services which uses AI to assist Users to generate content for specific purposes ("Generated Content") in response to content inputted by the User ("User Content Inputs").
For the purpose of the Platform Terms, usage of the terms "Platform Services"/ "Services" shall mean and include all the services referred to in this section and such other products or services as may be offered by Cohesive through the Platform and/or in association thereof.
- Eligibility and Access to the Platform:
The Platform is intended for access and use by Users aged 18 or older. If you are not at least 18 years old, you are prohibited from accessing or using the Platform. Users may also include a company, a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities.
You may access and use the Platform without creating an account on the Platform, however only a User who creates an account on the Platform shall be eligible to store/save any User Content Inputs and Generated Content on the Platform and/or use any additional features of the Services which may be offered on the Platform.
- Your Accounts: You may be allowed to save any User Content (defined below) and Generated Content once you create an account on the Platform.
You are responsible for maintaining the confidentiality of your account and password to access the Platform. You acknowledge that except as provided herein, your account is personal to you and agree not to provide any other person with access to the Platform and to restrict access to your device to prevent any unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other personal information. You should take all necessary steps to ensure that the password is kept confidential and secure at all times, and if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you agree to immediately change your password or inform us of any unauthorized access to or use of your username or password, so that we are able to help you stop or prevent such unauthorized access. Please ensure that the details you provide us are correct and complete and inform us immediately of any changes to the information that you provided when registering.
You represent that the information provided by You at the time of sign up or when requested by Cohesive, are correct, true, and accurate, and You agree to update the same as and when there is any change in the said information. Please read our Privacy Policy to understand how we handle Your information.
Further, to access the Platform, create, develop and/or use the Services on the Platform, you will need to use a "Supported/Compatible Device" which means a personal computer, mobile phone, portable media player, or other electronic device that meets the system and compatibility requirements and on which you are authorized to operate the Platform. The Supported/Compatible Devices to access the Platform and/or avail the Services may change from time to time and, in some cases, whether a device is (or remains) a Supported/Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Supported/Compatible Devices at one time may cease to be Supported/Compatible Devices in the future. Thus, kindly make sure that the device that you use is compatible with our system/software to use the Platform and avail the Services offered therein.
- Use of the Platform: Subject to your compliance with the other terms and conditions of the Agreement, Cohesive hereby grants to you a royalty free, limited, personal, non-exclusive, revocable, non-transferable, non-sublicensable license to access and use the Services as may be set forth in these Terms or otherwise agreed in writing (emails included).
With respect to any Generated Content, you agree to use the Services in a manner that is consistent with the Usage Policies of Open AI, which is incorporated herein by reference, as determined by Open AI at it sole discretion.
The User agrees to review, edit and revise the Generated Content to their own liking before publishing/displaying/using it and shall be solely responsible for any claims arising out of and in relation to the Generated Content.
- Termination of Account: You may terminate your account by discontinuing the use of you account. If you wish to delete your account, you may, at any time by either writing to us from your registered email id at the email address provided under ‘Contact for User Support/Queries’ section below or by using the delete option provided within your account on the Platform (if available).
Cohesive may terminate or suspend your account and prohibit access to your account, immediately, without prior notice, in its sole discretion for any reason, whatsoever, but not limited to breach of Platform Terms.
f your account is deleted/terminated (regardless of the reason), you will no longer have access to your account on the Platform and any deletion once processed is irrecoverable. Cohesive is not responsible for the loss of your information upon deletion and Cohesive shall not be liable to any party in any way for the inability to access any User Conten (defined below) or Generated Content arising from any deletion/termination.
- Intellectual Property Ownership and License :
Ownership of User Content: You shall remain the sole owner of any data uploaded or published or submitted by you on the Platform, including without limitation, any code, audio files, video files, any software which is owned by or licensed to you, the underlying source and object code of such software, instructions embedded in any form of digital documents and other data, information, or material made available by you on the Platform, including User Input Content ("User Content") and Cohesive does not claim any ownership over User Content made available by you on the Platform.
You agree and acknowledge that Cohesive has no control over and assumes no responsibility for User Content and by using the Platform, you expressly relieve Cohesive from any and all liability arising from User Content. You agree that User Content created by you does not contain any material that infringes intellectual property rights of any other party and that you have necessary licenses from the owners to use any material as part of your User Content. You shall solely be responsible for all claims in respect of your User Content published on the Platform.
License to Generated Content: Subject to your compliance with the Platform Terms, Cohesive and its licensors grant you a non-exclusive, worldwide, license, with the right to sublicense, to use, copy, modify, sell, create derivative works based upon, distribute, publicly display, and publicly perform Generated Content for your lawful business purposes.
You agree and acknowledge that Cohesive has no control over and assumes no responsibility for Generated Content and by using the Platform, you expressly relieve Cohesive from any and all liability arising from Generated Content. You shall solely be responsible for all claims in relation to the Generated Content displayed/published/used by you.
License to Cohesive: You hereby grant Cohesive a non-exclusive, transferable and sublicensable (solely as set forth herein), worldwide, royalty-free license to use, host, store, copy, communicate, distribute, publish, create derivative works based upon, publicly display and publicly perform User Content solely as reasonably required (i) to operate and provide the Services, (ii) to perform our obligations under the Platform Terms and other written agreement with you; (iii) to provide, monitor, correct, and improve the Platform and Services related thereto; (iv) to aggregate User Content with other data; and (vii) to comply with applicable laws.
- Claims relating to the use of third-party intellectual property:
At Cohesive, we respect the intellectual property of others just as much ours and, hence, if you believe that your intellectual property rights or of any person you are aware of , have been used in a way that gives rise to concerns of infringement, then kindly write to us at legal@cohesive.so with complete details as required hereunder.
If Cohesive has knowledge of or has any reason to believe that any content on the Platform violates the intellectual property rights of Cohesive or other users, then we reserve the right to remove access to such content in accordance with takedown practices specified hereinbelow.
- Copyright Complaints and Takedown Policy: All complaints/ notices of alleged copyright infringements or violations received by Cohesive shall be processed, investigated and appropriate actions will be taken in the following manner:
For content published on the Platform, complaints/ notices of alleged copyright infringements or violations received by Cohesive shall be dealt with in accordance with the Digital Millennium Copyright Act (see 17 U.S.C. § 512(c)(3)) (“DMCA”) and other applicable intellectual property laws. If you, in good faith, believe that your work or that of a person you know, has been copied in a way that constitutes copyright infringement or violation, a notification of claimed copyright infringement or violation should be emailed to Cohesive’s designated copyright agent at legal@cohesive.so Subject line: “DMCA Takedown Request”) which contains the information stated hereinbelow. You may also send the said information by mail at: ou may also send the said information by mail at: Unacademy Inc., Attention: DMCA Takedown Request, Vistra (Delaware) Ltd, 3500, South Dupont, HWY, Dover, Kent, DE 19901, Delaware, USA.
Please note that by claiming copyright infringement you are initiating a legal process, kindly be sure to consider whether fair use, fair dealing, or a similar exception to copyright apply before you report.
To be effective, the notification you send to us must be in writing and contain the following information:
- an electronic or physical signature of you or the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
- Your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please note that we may send a copy of any infringement claim received to the person whose User Content was reported as infringing, and such person will have the right to respond to your notice in accordance with the applicable laws. Only if we believe to have reasonable grounds that shows proof of any infringement or if there are any court orders, we will take down the infringing content in accordance with the Platform Terms and applicable laws.
If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Platform is infringing upon a copyright, you may be held liable for damages and attorneys’/lawyers’ fees.
- Trademarks and Other Intellectual Property Rights: A product or service branded with the Cohesive name or logo is a reflection of Cohesive. Unless you are one of our licensees, we don’t allow others to make, sell, or give away anything with our name or logo on it.
Further, if you believe that your intellectual property rights (other than copyrights) or that of any person you know have been used in a way that gives rise to concerns of infringement, then kindly write to us at legal@cohesive.so with a description of the trademark or intellectual property that you claim has been infringed, a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform, and your address, telephone number, and email address.
- Designated Copyright Agent:
Legal Department, Cohesive
Email ID: legal@cohesive.so
- Copyright Complaints and Takedown Policy: All complaints/ notices of alleged copyright infringements or violations received by Cohesive shall be processed, investigated and appropriate actions will be taken in the following manner:
- Ownership of Cohesive’s Intellectual Property Rights: Cohesive and / or its affiliates own / have necessary licenses to all information and materials (in whatever form or media) provided or communicated to you by or on behalf of Cohesive including but not limited to, the Platform, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Platform, logos, marks, graphics, audio files, video files, any software which is owned by or licensed to Cohesive and / or its affiliates, the underlying source and object code, instructions embedded in any form of digital documents and other data, information, or material made available to you by Cohesive ("Cohesive Content"). Cohesive Content specifically excludes any content uploaded by the Users, including without limitation, User Content or Generated Content on the Platform. Cohesive Content, including its trademarks, will not be used, modified, or altered by you in any way. You acknowledge and agree that you do not acquire any ownership or rights to the Cohesive Content or the Platform by use of the Platform. You acknowledge and agree that the Cohesive Content is protected by the copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and any unauthorize use, reproduction, modification, distribution, transmission, republication, display or performance of the Cohesive Content and any component thereof is strictly prohibited.
- Cohesive’s Rights: In respect of the entire Platform, Cohesive reserves the following rights:
- Cohesive reserves the right to put on-hold or reject or suspend or terminate your registration/account on the Platform for the purpose of complying with the legal and regulatory requirements.
- Cohesive reserves the right to remove you and/or the User Content and Generated Content without notice if you violate any provisions of the Platform Terms.
- Cohesive may modify, terminate, or refuse to provide Services at any time for any reason, without notice.
- Notwithstanding anything contrary stated in the Platform Terms, in its sole discretion, Cohesive may remove anyone from the Platform at any time for any reason.
- Cohesive reserves the right to access your account and/or the User Content or your Generated Content in order to respond to requests for technical support, to maintain the safety and security of the Platform, legal purposes and for other legitimate business purposes, as necessary, in Cohesive’s discretion.
- Cohesive has no obligation to monitor any content that appears on the Platform or review any conduct occurring through the Platform, including any interactions between Users, however, if Cohesive receives notice or becomes aware of, any violation of the Platform Terms, then, Cohesive reserves the right to refuse your access to the Platform, terminate accounts or remove such violating content at any time without notice to you.
- Platform Availability: Your access to the Platform may occasionally be suspended or restricted to allow for repairs, maintenance, or due to the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. You agree that Cohesive will not be liable for any losses that may be incurred by you if for any reason all or part of the Platform is unavailable at any time or for any period for use.
- Pricing, Payments and Refund:
- Platform Pricing and Payment: Cohesive may charge fees from Users to access particular features and functionalities of the Platform (“Fee(s)”) through multi-tiered paid plans as described on our Pricing Page (“Subscription”/“Subscription Plan”).Please read the below terms applicable for the purchase of your Subscription:
- We offer various types of Subscription Plans, and Cohesive’s Fee structure for each Subscription Plan differs. Please go through the details provided on our Pricing Page carefully before making any purchase.
- Our billing cycles depend on the Subscription Plan you select while purchasing. Payment will be charged to your chosen payment method at confirmation of your purchase in accordance with the billing cycle applicable for your Subscription Plan.
- We may use third-party service provider(s) to manage all our Subscriptions, including their purchases, renewals, cancellations, and invoicing (“Subscription Manager(s)”). Accordingly, we may not collect any payment related information such as credit/debit card details, UPIs, and bank account details from you, and all such Sensitive Personal Data, in such cases, shall be collected and processed by such Subscription Manager(s). Subject to your authorization and applicable laws, You agree that Cohesive may, if applicable, as per your chosen Subscription Plan, charge any recurring service to the credit card or debit card that you provide at the time of your first purchase of the Subscription through the Subscription Manager(s) or as updated by you through the Subscription Manager(s), provided such updation takes place prior to upcoming billing period, as applicable.
- You agree to pay all fees and charges that are made to your account and that you are solely responsible for payment of these fees and charges. If you have not completed payments for your Subscriptions, we may restrict your access to the Platform until your account becomes current and paid in full.
- Your payments to Cohesive shall be subject to applicable taxes including without limitation Goods and Service Taxes (GST) and Value Added Taxes (VAT) or other similar taxes as may be applicable in your country of residence/from where you have created your account on the Platform/ purchased the underlying Subscriptions.
- We reserve the right to pursue fees owed to us using collection methods which may include charging other payment methods on file with us and/or retaining collection agencies or legal counsel.
- If you are unclear on the payments applicable to your Subscription Plan, then please write to us at the email address provided in the ‘Contact for User Support/Queries’ section below.
- We reserve the right to change/revise the pricing of the Subscriptions. For existing Subscriptions for which the applicable fees have been already received by us, we will implement the price changes during the next billing period or renewal of the Subscription.
- We further reserve the right to offer custom plans and pricing in addition to what is offered on the Pricing Page, which include offering custom billing and payment terms, that are different from our standard terms.
We have also enabled integration of third-party payment providers to facilitate better payment options to you, which may vary depending on your territory or the Subscription you choose ("Third-Party Payment Providers").
Third-Party Payment Providers may also charge you fees to use or access their services and may require your Personal Data to complete any transaction for the Platform. Further, to facilitate completion of your payments to us through the Platform or avail the payment options provided to you, you may be redirected to an external website operated by the Third-Party Payment Provider(s).
Further, pursuant to the payment option you may choose, you may be required to enter into a separate agreement with the relevant Third-Party Payment Provider. This agreement with the Third-Party Payment Provider is an independent contract/agreement between you and such Third-Party Payment Provider and Cohesive shall in no manner be a party to the same. Cohesive only facilitates various payment options to you and is not offering the payment by itself in any manner.
You agree that you are solely responsible for all charges that occur through such Third-Party Payment Providers and acknowledge and agree to indemnify, defend, and hold harmless Cohesive, its licensors, their affiliates, and their respective officers, directors, employees, and agents from any loss arising out of or related to the use of the Platform or any purchases made through the Platform. This obligation will survive your use of the Platform and termination of your Agreement with us.
Cohesive cannot and does not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by the Third- Party Service Providers or its respective websites or (ii) control collection or use of your Personal Data by such Third-Party Service Providers. Hence, prior to using any services offered by a Third-Party Service Providers, we suggest that you read their terms and conditions, privacy policy and other policies, that may apply, to understand their terms of usage and to understand how your Personal Data is being processed. Cohesive is not affiliated to any Third-Party Service Provider and neither Cohesive nor any of the Third-Party Service Providers are agents or employees of the other.
For the purpose of the Platform Terms-
“Third-Party Service Providers” shall mean and include Subscription Manager(s), Third-Party Payment Providers, and any third-party payment gateways and/or aggregators used to collect payments of Cohesive’s Fee.
“Loss” means all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs, and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest, and penalties). Cohesive shall not be liable to you for any claims arising out of any act or omission on the part of the Third-Party Service Provider(s) including, but not limited to, any lost, stolen, or incorrectly processed payments. Cohesive expressly disclaims any responsibility and liability for all services provided by the Third-Party Service Provider(s).
- Please note that all Fee(s) payments are collected by Cohesive only through the Platform and not through any third parties (except Third-Party Service Provider(s)). We do not usually authorize any third party (except Third-Party Service Provider(s)) to collect monies on our behalf; however, if we have authorized any third party then such third party will have received a written authorization from Cohesive either by way of any agreement or an authorization letter. Kindly verify with such third party before you make any payments to them, alternatively, you can always check with us by writing to us at email address provided under the ‘Contact for User Support/Queries’ section below.
- Further, Cohesive is solely authorized to offer discounts / offers, if any, on Cohesive’s Fee. These discounts / offers are communicated on the Platform or via direct communication to you from Cohesive via email, SMS, phone, or such other means of communication, and can be availed only through the Platform, unless otherwise specifically communicated by Cohesive. Other than Cohesive, no person is allowed to offer any discounts on Cohesive’s Fee offered on the Platform. Cohesive shall not be liable for any claims arising from such unauthorized discounts / offers offered by any person (including any third-party platform), other than Cohesive.
- Cancellation and Refund:
You may cancel your Subscription at any time by writing to us at team@cohesive.so. However, please note there shall be no refund of the Fee already paid for your Subscription, unless otherwise specified herein. Where the User has cancelled a non-refundable Subscription Plan, the User shall continue to have access to all the features associated with the said Subscription Plan till the end of the billing cycle.
However, if you are dissatisfied with the Subscription purchased, you may place a request for refund of the Fee paid at the time of purchasing the Subscription, by writing to us at team@cohesive.so. However, only refund requests placed within 48 hours from the time of purchase shall be considered by Cohesive. Please note that refunds approved by Cohesive shall be subject to a non-refundable transactional fee which shall vary from country to country.
- Platform Pricing and Payment: Cohesive may charge fees from Users to access particular features and functionalities of the Platform (“Fee(s)”) through multi-tiered paid plans as described on our Pricing Page (“Subscription”/“Subscription Plan”).Please read the below terms applicable for the purchase of your Subscription:
- Communications: When you visit the Platform, you are communicating with us electronically. You may be required to provide a valid email ID and phone number and certain other details while creating an account or purchasing any subscription for the Services offered. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. By providing your information you authorize Cohesive, its affiliates, and their respective employees, agents, and contractors to initiate electronic communications by email, telephone calls, or such other mode of communication with respect to your use of the Platform and regarding the products and services (including the Services), newsletters, marketing and promotional materials offered by Cohesive and / or its affiliates. These communications may be made by or on behalf of Cohesive, even if your phone number is registered on any state or central do not call list. Telephone calls may be recorded. You acknowledge that your telephone operator and/or internet service provider may have levied certain charges on you vis-à-vis your communications with Cohesive as it constitutes availing their services, and you agree to be responsible for all such charges, and Cohesive will not be responsible for any such charges. Do not submit your information if you do not consent to being contacted by telephone, text, email, or such other mode of communication. Further, you will always have an option to unsubscribe / opt out from any promotional communications sent by Cohesive and / or its affiliates either by following the relevant instructions that may be communicated via text, email, or such other mode of communication in which you received a promotional communication or by disabling the options provided within your account on the Platform.
Please note that –
- If you opt out of promotional communications, we may still send you transactional communications, such as service announcements, administrative and legal notices, and information about your account, without offering you the opportunity to opt out of these communications; and
- opting out of promotional communications only affects future communications from us. If we have already provided your information to a third party (as stated in our Privacy Policy) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party.
- We do not sell your Personal Information to third parties.
- Privacy Policy: All our collection, processing, sharing, and storing of any Personal Information collected from you to enable the Services shall be in accordance with our Privacy Policy. Kindly read the same to understand the security measures undertaken by Cohesive to safeguard your Personal Information. Should you have any queries in respect of the same, please feel free to right to us at privacy@cohesive.so.
- Feedback: If you choose to submit suggestions, ideas, comments, or questions containing product feedback about the Platform or any of the Services, either through the Platform or otherwise ("Feedback"), then you grant Cohesive and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use (and full right to sublicense), reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, and display such Feedback in any form. You shall have no intellectual property right in the Platform as a result of Cohesive’s incorporation of your Feedback in the Platform.
- Prohibited Use: You hereby agree not to use the Platform for any purpose other than for which the access is granted to you and that in your use of the Platform, you will, at all times, comply with all applicable laws and regulations. Further, you agree not do or attempt to do any of the acts described in this section, or assist, encourage, request, or permit any person to engage in any of the acts described in this section. You agree not to -
- use the Platform or Services for any illegal purpose or in violation of any local, state, national, or international law;
- interfere with security-related features of the Platform, including by disabling or circumventing features that prevent or limit access to or use of any content, or by using any account credentials that are not your own;
- interfere with the operation of the Platform or the proper working of the Services or any User’s use of the Platform, including by interfering with, intruding into, disrupting, or making repeated accesses or requests that cause performance degradation to any network, equipment, server, or software system used to host or otherwise implement the Platform;
- use any means of automated data collection or indexing, including by use of data mining tools, scripts, repeated data requests, robots, or any other method to collect, copy, or aggregate information hosted on the Platform for any purpose in including for re-utilization of any substantial parts of this Platform, without Cohesive’s express prior written consent.
- Use the Services in a way that causes societal harm including but not limited to, (i) misleading end users that any Generated Content was human-generated and (ii) generating spam.
- Collect or store any Personal Information from the Services from other users of the Services without their express permission.
- Decipher, decompile, disassemble, reverse assemble, reverse compile, decompile, reverse engineer any component or software used to provide Services.
- Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Cohesive;
- use our Services for any activities amounting to abuse or misuse of the Services including collecting, uploading, transmitting, displaying, or distributing any User Content/Generated Content that :
- belongs to another person and to which you do not have any right;
- is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with intent to incite violence or otherwise inconsistent with or contrary to the laws in force;
- is harmful to a child;
- infringes any patent, trademark, copyright or other proprietary rights of another;
- violates any law, statue, ordinance or regulation or Platform Terms;
- deceives or misleads any User about the origin of the message or knowingly and intentionally communicates any information which is patently false and untrue or misleading in nature;
- impersonates another person;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- False, inaccurate or misleading;
- Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or Personal Information.
- Linked Websites: The Platform may contain links to third-party websites including but not limited to social media websites or other resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
- Disclaimer: YOU AGREE THAT THE PLATFORM, CONTENT, AND ALL MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COHESIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, COHESIVE EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY, SECURITY, RELIABILITY, QUALITY, AVAILABILITY OR COMPLETENESS OF THE PLATFORM, USER CONTENT/GENERATED CONTENT ON THE PLATFORM, OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN USER CONTENT/GENERATED CONTENT OR ANY CONTENT ON THE PLATFORM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN USERs CONTENT/GENERATED CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF USER CONTENT/GENERATED CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM AS COHESIVE IS STRICTLY AN INTERMEDIARY AS UNDER THE INFORMATION TECHNOLOGY ACT, 2000. COHESIVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR USER CONTENT/GENERATED CONTENT OR THE PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COHESIVE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Indemnity and Release: To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Cohesive, its affiliates, their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your access to or use of the Services/ Platform; (ii) your violation of any of the Platform Terms; (iii) any claim regarding your User Content/ Generated Content; (iv) your actual or alleged infringement, misappropriation or violation of Cohesive’s, its licensors’ or any third party’s intellectual property or proprietary rights or (v) your violation of any applicable laws. This defense and indemnification obligation will survive these Terms of Service and your use of the Cohesive Platform.
You hereby expressly release Cohesive, its affiliates and any of their respective officers, directors, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of any third-party vendors or service providers and specifically waive any claims or demands that you may have in this behalf against any of Cohesive, its affiliates and any of their respective officers, directors, employees and agents under any statute, contract or otherwise.
- Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COHESIVE, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) FROM THE USE OF OR INABILITY TO USE THE SERVICES, (II) ERRORS, MISTAKES, OR INACCURACIES IN USER CONTENT/GENERATED CONTENT OR ANY OTHER CONTENT ON THE PLATFORM, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, AND/OR (VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COHESIVE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COHESIVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, COHESIVE AND ITS AFFILIATES LIMIT THEIR LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO SUPPLYING YOU THE COHESIVE PLATFORM AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT COHESIVE SHALL NOT BE LIABLE FOR USER CONTENT/GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE COHESIVE PLATFORM IS CONTROLLED AND OFFERED BY COHESIVE AND / OR ITS AFFILIATES DEPENDING UPON YOUR JURISDICTION. COHESIVE MAKES NO REPRESENTATIONS THAT THE COHESIVE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE COHESIVE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
THE AGGREGATE LIABILITY OF COHESIVE TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR IN RELATION TO THESE TERMS OR RELATING TO THE USE OF (OR ANY INABILITY TO USE) THE PLATFORM SHALL UNDER NO CIRCUMSTANCES EXCEED THE AMOUNT PAID/PAYABLE BY YOU TO USE THE SERVCES OR INR 1,000/-, WHICHEVER IS LESSER.
- OFAC (Office of Foreign Asset Control): You represent and warrant that you are not and nor are you owned or controlled directly or indirectly by, any person, group, entity or nation named on any list issued by the Department of the Treasury's Office of Foreign Asset Control ("OFAC" ), or any similar list or by any law, order, rule or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a "Specially Designated National and Blocked Person", terrorist, or other banned or blocked person (any such person, group, entity or nation being hereinafter referred to as a ("Prohibited Person"); (ii) you are not (nor are you owned or controlled, directly or indirectly, by any person, group, entity or nation which is) acting directly or indirectly for or on behalf of any Prohibited Person; (iii) you (and any person, group, or entity which you control, directly or indirectly) have not conducted nor will conduct business nor have engaged nor will engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, good or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation; (iv) you are not prohibited by any sanctions program as maintained by OFAC from transacting with Cohesive, including those sanctions programs currently in effect with respect to Cuba, Iran, North Korea, Syria, Venezuela, or Crimea. In connection with the foregoing, it is expressly understood and agreed that the representations and warranties contained in this subsection shall be continuing in nature.
- Applicable Laws and Jurisdiction: The Platform Terms shall be governed by and construed in accordance with the laws of State of Delaware, U.S.A. and you agree, as we do, to submit to the exclusive jurisdiction of the courts at State of Delaware, U.S.A.
- California Civil Code Section 1789.3: Californian Users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
- General Provisions:
- Legal Notices: In the event of any other disputes or claims arising from the use of the Cohesive Platform or the Services, please get in touch with us at legal@cohesive.so.
- Modification, Amendment or Termination: Cohesive may, in its sole discretion, modify or revise the Agreement and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Platform post any modification of the Agreement shall be taken as your consent and acceptance to such modifications. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits. You are advised to check our Platform frequently to see recent changes and to keep yourself updated with the most recent updates.
- Force Majeure: Cohesive shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics / pandemics, civil unrest or riots, power outage, and/or unusually severe weather.
- Miscellaneous: If any part of the Agreement is found to be unlawful, void or unenforceable, that part of the Agreement will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Platform shall be in writing and sent to the registered office of Cohesive. We do not guarantee continuous, un-interrupted or secure access to the Platform, and operation of the Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- Contact for User Support/Queries: For queries relating to Services offered by Cohesive, please write to us at team@cohesive.so.
- Contact Us: If you have concerns or queries regarding the Platform Terms, you may write to us by email at legal@cohesive.so or by post to:Unacademy Inc.
c/o Vistra (Delaware) Ltd.,
3500 South Dupont HWY,
Dover, Kent,
Delaware- 19901