Terms of Service

Welcome to GearUp (GearUp, "we", "us", or "our"), operated by Digicians (Mehul Joisar). These Terms and Conditions ("Terms") govern your access to and use of our services.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

1. Acceptance of Terms

By registering for, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Modifications to Terms

We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on this page, with an updated effective date. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

3. Eligibility

By using our Services, you represent and warrant that:

• You are at least 13 years of age.
• You have the legal capacity and agree to comply with these Terms.
• You are not prohibited from using the Services under any applicable law.

4. User Accounts

4.1 Registration

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. User Conduct

5.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Services in any manner that could disable, overburden, damage, or impair the Services.
• Use any robot, spider, or other automatic devices to access the Services for any purpose.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to any part of the Services, other accounts, computer systems, or networks connected to the Services.

5.2 Content Standards

Any content you upload, post, or transmit via the Services must:

• Not be defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Not promote sexually explicit or pornographic material, violence, or discrimination.
• Not infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

6. Intellectual Property Rights

6.1 Ownership

All content, features, and functionality on the Services are the exclusive property of GearUp, Digicians, and its licensors and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 Trademarks

The GearUp name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of GearUp or its affiliates or licensors. You must not use such marks without the prior written permission of GearUp.

7. License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.

8. User-Generated Content

8.1 Responsibility

You are solely responsible for any content you upload, record, or otherwise make available through the Services ("User Content"). You represent and warrant that you own all rights to your User Content or have obtained all necessary permissions.

8.2 License to GearUp

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with providing the Services.

9. Prohibited Activities

You agree not to:

• Reverse engineer, decompile, or disassemble any portion of the Services.
• Use the Services for any illegal or unauthorized purpose.
• Remove any copyright, trademark, or other proprietary rights notices from the Services.
• Use the Services to collect or harvest any personally identifiable information

10. Third-Party Services

Our Services may integrate or interact with third-party services.

11. Disclaimers and Limitation of Liability

11.1 Disclaimers

As-Is Basis: The Services are provided on an "as-is" and "as-available" basis without warranties of any kind, either express or implied.

No Warranty: We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

11.2 Limitation of Liability

To the fullest extent permitted by law, GearUp, Digicians, its founder Mehul Joisar, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses arising from:

• Your use or inability to use the Services.
• Any conduct or content of any third party on the Services.
• Unauthorized access, use, or alteration of your content.

12. Indemnification

You agree to indemnify, defend, and hold harmless GearUp, Digicians, its founder, officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

• Your access to or use of the Services.
• Your violation of these Terms.
• Your infringement of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.

13. Termination

13.1 Termination by You

You may terminate these Terms by discontinuing use of the Services and deleting your account.

13.2 Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to your breach of these Terms.

13.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.

14.2 Dispute Resolution

Any disputes arising out of or in connection with these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in Ahmedabad, Gujarat, India.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

16. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17. Entire Agreement

These Terms constitute the entire agreement between you and GearUp regarding the Services and supersede and replace any prior agreements.

18. Changes to Services

We reserve the right to withdraw or amend our Services, and any service or material we provide, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period.

19. Electronic Communications

When you use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

20. Feedback

Any feedback, comments, or suggestions you may provide regarding GearUp or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

Contact Us

If you have any questions about these Terms, please contact us at contact@digicians.com