[revised on 28/07/2023]

Terms & conditions

terms of use agreement between you and fabapps lab private limited.

1. Introduction

simply cue is owned, registered and operated by fabapps lab private limited, a company incorporated under the provisions of the companies act, 2013 with its registered office at regus 10th floor, levana cyber heights, gomti nagar, lucknow-226010. hereinafter referred to as ”fabapps, us, our, we, simply cue”.
‍the terms defined below establish the essential terms and conditions that governs the relation between us and the users, clearly set out our rights, responsibility and obligations, your usage and the access to the platform.
‍these terms are incorporated into and form part of the contract between you and us, including when you register yourself with us using our website https://www.simplycue.com or our mobile applications.

2. Modification of the terms

we reserve the right to modify, change, enhance the whole or some part of the terms and conditions at our sole discretion. for the latest version of the policy please refer to the revision date mentioned on the top of the document. we may also notify you of the same by sending out notification or mails. all changes made to the terms and conditions will be effective immediately unless mentioned otherwise. your continued usage of the platform and its services indicates your acceptance of the same.

3. Privacy

we understand that protecting your privacy is important. please refer to our privacy policy to get the detailed information on the collection of information, its handling and disclosure

4. Definition

in these terms, the following words and expressions shall bear the meanings assigned to them below:
• “applicable laws” or “laws” means all applicable laws, statutes, enactments, acts of legislature or parliament, ordinances, judgments, decrees, injunctions, writs, rules, by-laws, regulations, notifications, circulars, guidelines, policies, directions, directives, demands conventions, orders, interpretations, licenses and/or permits of all governmental authorities of all relevant jurisdictions;
• “company” means fabapps lab private limited;
‍“company’s content” means content created and developed by the company and published on the platform;
• “company’s marks” means the trademarks, service marks, trade names, service names, brand names, brand marks, internet domain names, identifying symbols, logos, emblems, signs or insignia, owned by the company and its affiliates and licensors;
• “company’s technology” means the algorithms, software, hardware, code, technology, devices or other functional items, processes, systems, methods of operation, concepts, interfaces, web properties, communication pathways and/or protocols used by the company to provide the platform and the services;
• “company’s trade secret” includes the business idea, commercial secrets, commercial method, know how, compilation of information, practice, pattern, technology, programs, systems, processes, compositions, technological data, technological prototypes, sales methods, distribution methods, profiles, advertising and marketing strategies, and other proprietary information developed by company that:
(i) provides company with a competitive and economic advantage;
(ii) is treated by company in a way that can reasonably be expected to prevent the public or competitors from learning about it; and
(iii) company actively makes efforts to maintain as a secret;
• “content” means all data, information and material in digital form, including writings, texts, scripts, books, documents, presentations, reports, images, pictures, photographs, videos, audio files, films, podcasts, product portfolios, and drawing and design files;
• “creator” means a person registered on the platform who creates content for publishing, distributing, or hosting on the platform for the users, or provides products and services relevant to his qualifications, skills, talents, expertise, competencies, knowledge, and experience to the users, through the platform;
• “creator’s content”means content created and developed by the creator, including content created for the users or for publishing on the platform;
• “creator’s services” means the products and services offered, or provided by a creator to the users through the platform, including the provisioning of the creators content;
• “creator terms and conditions” means the terms, conditions, rules, regulations, policies and other agreements on which the creators provide the creator’s services;
• “government” or “governmental authority” means the union, state, local or other governmental authority exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, or any other governmental authority or statutory authority, department, agency, commission, organization, board, tribunal, court and/or other entity authorized to make laws;
• “losses” means and include all losses, liabilities, damages, interest, penalties, claims, costs and expenses, including those arising out of or based upon or in relation to any judgment, award, settlement, and reasonable attorneys’ fees and other costs related thereto;
• “person” means any natural person, limited or unlimited liability company, corporation, partnership
(whether of limited liability or unlimited liability), proprietorship, hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law;
• “platform” means the company’s online platform https://www.simplycue.com, and all other internet domains, mobile applications, widgets, and other downloadable applications developed, owned, operated and/or controlled by company and its affiliates/licensors, and branded or licensed exclusively under the company’s marks, whether now existing or hereinafter developed, made available by the company, through which company offers and provides the services;
• “services” means the products, services, contents, features, applications, tools, data, documents and information offered, made available or enabled by the company through the platform
(or through third party service providers featured on the platform) from time to time.
• “users” means a user who purchases the creator’s services through the platform; also includes any person visiting, browsing, accessing, and/or using the platform and/or the services, including the creators.
• “terms” includes:
(i) these terms and conditions;
(ii) such other guidelines, rules, policies and procedures posted by the company on the platform, from time to time
(each of which is incorporated herein by reference and forms an integral part of these terms); and
(iii) any other agreements and terms and conditions entered into with the company that govern:
(a) your relationship with the company;
(b) your use of the platform and the services, as amended, modified and supplemented from time to time;
• interpretation
‍-the terms “simply cue”, “fabapps” “we”,“our” and “us” refer to the company.
‍-the terms “you” or “your” refers to a user.
‍-section headings are for convenience only and do not affect the construction or interpretation of any provision of these terms.
‍-references to sections are references to the sections of these terms.
‍-in addition to the above terms, certain terms may be defined elsewhere in these terms and wherever such terms are used in these terms, they shall have the meaning so assigned to them.
‍-all references in these terms to statutory provisions shall be statutory provisions for the time being in force and shall be construed as including references to any statutory modifications, consolidation, or re-enactment
(whether before or after the date of these terms) thereof and all statutory rules, regulations and orders made pursuant to a statutory provision.
‍-the term “includes” or “including” shall be construed to mean without limitation.
‍-all references to these terms shall be deemed to include any amendments or modifications to these terms, from time to time.

5. Communications

• when you use simply cue or send emails/information/other communication to us, you agree and consent to receive communications via electronic mediums
(including sms and emails) from us, irrespective of whether you are registered under the do not disturb registry under telecom regulatory authority of india, government of india
(trai) or not. your act of accessing, browsing, or using simply cue, or contacting us through any means or medium to provide the services constitutes a “verifiable request” by you authorising us to call or send messages, to your mobile numbers provided to or registered with us, regarding the services. you authorise us to communicate with you by email or by such other mode of communication, electronic or otherwise.
• you understand that you may receive sms messages from us on your registered mobile numbers as a part of registration process as well as in course of your use of the simply cue. we may also send onetime passwords
(otps), booking/subscription confirmations, payment confirmations, cancellation confirmations, updates on features of the platform or any such other relevant information, via sms/ voice call/email address given by you at the time of registration. it is your responsibility to ensure that you provide the correct number and email address.
• the user hereby unconditionally consents that such communications via sms, email and/ or voice call by the simply cue is upon the request and authorisation of the user, ‘transactional’ & not an ‘unsolicited commercial communication’ and in compliance with the relevant guidelines of  of trai.

6. Use of the platform and role of the company

simply cue is a technology based platform that allows the users to connect with the creators and purchase or avail their offerings. the offerings provided by the creator could range from but not limited to live shows, workshops, communities, consultations etc. by purchasing the offerings provided by the creators the user agrees to avail the services as per the terms agreed between the user and the creators. the platform is accessible to all users who register themselves with the platform by providing certain information to the company deemed necessary to carry out the registration process. users can also access the limited portion of the platform without registering themselves on the platform, however their access to the platform will be restricted to them unless they register themselves.
age requirements to register and use on the platform:
‍if you live in india, you must be at least 18 years old. if you're a non-indian resident, you need to have reached the age of majority according to the laws of your country of residence. if you're under 18 and wish to access any offerings, you must have the guidance of your parents or guardians. those who are younger than 13 years old are not permitted to use simply cue.
‍a creator may use the platform to:
(i) create and update their profile by providing information like name, bio, profile picture, bank information, interests etc.
(ii) create and update their offerings on the platform by providing information related to the offering, fee and terms & conditions of the offerings for the users
(iii) hosting free/paid content offerings on the platform to connect with their followers or users who have purchased their offerings.
(iv) build or manage the free/paid communities on the platform and at their sole discretion share material and the information with the members of the communities which is relevant to the expertise and the offerings provided by the creators and is strictly in compliance with the community guidelines set forth by the platform.
(v) the profile of the creator will be accessible to all the registered/unregistered user of the platform. the creator may however continue to build and manage private communities with restricted access to the users. any information/material/offerings shared within the private communities also need to strictly comply with the community guidelines set forth by the platform.
‍a user may use the platform to:
(i) view the creator profile and the information contained therein
(ii) purchase the offerings provided by the creators by paying the fee quoted by the creator on the platform
(iii) join/request to join the free/paid public/private communities built and managed by the creator by paying the applicable fee if any
(iv) join and contribute in the free/paid audio/video events/shows hosted by the creator
‍ the platform has been built as a bridge between and the user and to purchase the offerings provided by the creators. you specifically understand, acknowledge and agree that the company or the platform does not directly or indirectly provide any kind of creator services nor engage in the business of providing creator services.
‍the display of the creator information on the platform does not necessarily imply the recommendation of the creator or their services or any sponsorship, approval or affirmation between the company and the creator.
‍the role of the company is limited to providing the platform that:
(i) enables the creators to publish and update their profile
(ii) enables the creators to update and manage their offerings
(iii) allows the creators to build and manage communities
(iv) help the users connect with creators via live events/shows
(v) facilitating the transactions between the creator and the user
(vi) help creators distribute their offerings and collect payments from the user. the company acts just as an intermediary between the creator and the users and in no manner has any responsibility/liability in respect to the content on the platform or the interactions and the transactions between the creator and the user.
‍further, you specifically understand, acknowledge, and agree that the platform and the services is not:
(i) sponsoring, promoting or recommending any creator or the creator’s services
(ii) an invitation to offer to buy or subscribe for any creator’s services provided by the creator
(iii) offering the creator’s services for sale or soliciting any offer to buy or sell creator’s services
(iv) recommending any person to enter into any transaction of whatsoever with a creator
(v) grading or rating any creator; and
(vi) intended to provide any professional advice or other opinions on any of the creator’s services.
‍the company does not have any obligation to pre-screen to monitor the content shared by the creator at any point of time. the company therefore:
(i) does not hold any responsibility or control over the content and other information shared or made available on the platform by the creators
(ii) does not examine, verify, research, validate, certify or endorse the content and other information shared by the creator on the platform
(iii) does not take responsibility that the content and information shared by the creator will be complete, accurate, truthful and reliable nor does the company warrant or guarantee the accuracy of such content and does not offer any advices related to any creator’s services.
‍the company does not provide any of the creator’s services and has no responsibility for the services provided or not provided by any creator. the creators directly or their representatives/agents are responsible to own, control, operate, manage and make available the services provided by the creators. the creators are solely responsible for the creator services. the company publishes the creator services including the price as made available by the creator. your transaction and interaction with any creators is at your sole discretion and company holds no responsibility whatsoever. company recommends the users to conduct their due diligence and research on the information available on the platform before initiating, concluding the transaction with such creator. since company does not endorse or recommend any creators or their services, you are solely responsible to determine the usage, suitability and appropriateness of the creator services for themselves at their own independent judgement.  
‍the user acknowledge, understand and agrees that any purchase or transaction of any of the creator’s services is solely between the user and the creator and the company does not guarantee or is liable in any way for the delivery, reliability, safety and legality or any other aspect of the services provided by the creator. the company is not responsible to monitor, control and censor the transactions between you and the creator even if the transaction is legal and valid as per the applicable laws. further the company will not engage in the negotiation or execution of any transaction related to any creator’s services between the user and the relevant creator. all commercial and contractual terms are offered by and agreed to between the user and the creator, which include without limitation the nature and kind of services, date, duration, time and mode of delivery, warranties, discounts, benefits, refunds, cancellation, payment terms, pre-requisites and other rules and regulations set forth by the creators. the company does not have control not does it involves itself in the offering or acceptance of such commercial and contractual terms between the user and the creator. user shall be solely responsible to determine and agree upon the manner and terms and conditions for the transactions they enter into with the relevant creator. the company in any manner will not be responsible for the non-performance, breach of the contract by any of the parties, bears no liability to the user for the failure of the creator to fulfil their obligation, will not mediate or resolve any dispute or disagreement between the user and the creators or their representative, agents or any third parties.
‍you understand that the violation of the terms and conditions imposed by the creator with whom you avail the services, any violation of such creator terms and conditions may result in the termination/cancellation of the creator services purchased by you and denied access to avail the creator’s services. any changes which you wish to make with respect to a relevant creator service
(including cancellations and refunds) or other issues which you may face with respect to any relevant creator service purchased by you should be resolved by you directly with the relevant creator from whom you purchased the creator service. the company has no responsibility whatsoever for any arrangements you make with any creator as a result of your use of the services and/or the platform. in the event that you encounter any problems with any transaction which you make or attempt to make via the services, you acknowledge and agree that you should resolve that issue directly with the relevant creator and that your sole remedy in such circumstances, including any refund, lies with the relevant creator and not with the company. the creator terms and conditions will set out what rights you have against the creator and will explain their liability to you in the event of any issues or disputes arising with such creator. in the event of a conflict between these terms and the creator terms and conditions, these terms shall prevail.
‍the features, specifications, price and content of the creator services published on the platform are subject to change without any notice. photographs, creatives and other promotional material on the platform are for promotional purposes only and does not represent the service or the benefits included therein.
‍the company is under no obligation to pre-screen, monitor or examine and verify the creator’s content, their services or other material shared by them on the platform at any time. however, the company may, under the following circumstances, access, view, or listen to creator’s content, content of the users, or the creator’s services:
(i) wherever required by applicable law;
(ii) to provide the services;
(iii) to respond to support requests;
(iv) to detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; and
(v) enforce the terms.
‍the company may also install automated systems or use other technologies to monitor and analyse the content provided, uploaded, or posted on the platform. the company also reserves its absolute right to remove any content from the platform, including creator’s content if the company determines in its sole discretion that such content is in violation of these terms or any applicable law and/or industry practices. further, if the company suspects any illegal, wrongful or fraudulent activity on the platform by any user, notwithstanding any other rights the company may have, the company reserves the right to inform the relevant governmental or law enforcement authorities. the company will cooperate in all investigative procedures or requests for access / information initiated by any such governmental or law enforcement authorities.
‍the company shall not be liable for any delays, non-performances or failure in the services and any such instance shall not constitute the company’s failure to meet the requirements to the extent that any such failure is attributable to:
(i) force majure
(ii) user’s acts including but not limited to wilful misconduct, negligence or breach of the terms and conditions set forth by the platform or the creators
(iii) acts or omissions of the third parties related to the users
(iv) acts or omissions of the directors, employees, officers, advisors, sub-contractors, supplies, vendors, agents and representatives of the users;
(v) restrictions/constraints imposed by applicable laws;
(vi) a failure by the user to provide the company, immediately, with any information or other material reasonably requested by the company;
(vii) any inaccurate or misleading information supplied by the user to the company and upon which the company relies;
(viii) the user’s failure to take such corrective action which forms a part of the user’s responsibility, as may be reasonably requested and identified by the company to the user; and
(ix) such other reasons not attributable to the company.
‍notwithstanding anything contained in these terms, the company shall not be required to provide a service to the extent the provision thereof would violate or contravene any applicable law.
‍the company may at its sole discretion choose to introduce new services or modify the existing services which may or may not include the fee revision for the services, its availability, conditions on use of service or refusal to provide the service to any user.
‍while the company in all its capacity will work continuously towards keeping the platform functional, you hereby understand and acknowledge that technical failures are inevitable. we will in our all capacity take necessary steps to ensure the platform is running and in the event of any unforeseen technical issues like malfunction of network, servers, systems or equipments, software or any other technical or internet problem we will take actions to rectify the problem. however, we do not hold any responsibility or liability in respect of any loss arising directly or indirectly to you which may include but is not limited to loss of data, profit or opportunity.
‍you understand and acknowledge that the use of the platform will require a supporting environment including but not limited to proper internet access, compatible hardware, operating system, software and may also need periodic update to your browser, mobile application, hardware or software. you agree to meet all of these requirements at your sole responsibility as and when such changes or updates are required.
‍all users and the creators are required to abide by the rules, terms, guideline and applicable laws set forth for the usage of the platform. you will be solely responsible and liable to the company for all actions, claims, proceedings and losses arising out of your actions.

7. Licenses

subject to these terms, we grant each user a non-exclusive, revocable and non-sub-licensable, non-transferable and limited access to the licence to use the platform and the services solely in accordance with the terms and guidelines set forth by the platform. user shall not sell, transfer, rent, distribute, licence or exploit their credentials to access the platform in any manner.
‍the user shall not directly or indirectly copy, alter, modify, translate, localise, merge or adapt the works of the platform nor will they try to reverse engineer, decompile, disassemble and otherwise attempt to access its source code. they shall not alter, obscure, deface, remove, conceal and/or otherwise interfere with any eye-readable or machine-readable marking on the platform which refers to the company as the owner, author or developer of the platform and all proprietary and intellectual property rights contained therein. they shall not lease, lend, distribute or allow others to use the platform for the benefit of any third party nor shall they allow the usage of the platform by a service bureau, time-sharing to provide the service to third parties.
‍the user shall not directly or indirectly use the company’s technology in any manner to create or develop a similar platform or one that competes with the platform.
‍when the user uploads their content on the platform they grant the company a non-exclusive licence to use their content for the purpose of providing the services. creators when they upload the content on the platform they permit the company to use the content uploaded by the creator for the purposes set out in the terms including but not limited to publishing it on the platform, sub-licensing it to vendors, sub-contractors, and other service providers.

8. Payments, subscriptions, fee and refunds

subscription fee:
‍accessing the platform, signup, profile creation and activities which does not involve any financial transactions are free for the users and creators.
‍service fee:
‍the company may charge a service fee for availing the services of the platform which will be determined by the company from time to time.
• the prices quoted for the creator’s services listed on the platform are determined by the creators on their sole discretion, the company does not directly or indirectly have any influence in determining these prices. the company therefore shall not be held liable for the any issues arising with such pricing. consecutively any discounts, refunds offered to you are also solely determined by the creator and company shall not be held liable in case of any non-compliance pursuant to such transactions.
• the prices quoted by the creator are subjected to change from time to time at the sole discretion of the creator. such changes are subjected till the time the transaction is completed. it is the user’s responsibility to stay informed about the current price of the services before proceeding with the transaction.
• in certain event if due to some technical issues, typographical errors, error by the creator or some other event the prices are incorrectly reflected on the platform the creator and company on their behalf may cancel any transaction made by the user.
• while purchasing any of the creator’s services you may be asked to provide certain information necessary to carry out the transaction. the transaction shall be pursuant to the company’s and creator’s then current payment terms. by submitting the information you agree and acknowledge that this information may be submitted to the third parties to facilitate the transaction or otherwise handle such information in accordance with the privacy policy. all transactions will be carried out through the payment options available on the platform.
• user will need to make the payment of the prescribed price for the creator’s services. upon successful payment you will receive the confirmation with the details for the payment generated on behalf of the creator by the company. all invoices will be in india rupees. for any assistance, or queries please mail us at support@simplycue.com from your registered email address.
• user understands and agree that the payment made by them for the creator’s services is received by the company on behalf of the creator and after the completion of the said service is transferred to the creator.
• the user shall be liable for the applicable taxes on creator’s services listed on the platform in addition to the price offered by the creator.
• user may also make the payment for the creator services through an electronic and automated collection and remittance service i.e. payment gateway hosted on the platform. the processing of the payment on the payment gateway is subjected to the terms and conditions of the payment gateway in addition to the platform terms and conditions and privacy policy. the payment terms are also determined by the agreement between you and the financial institutions, card issuer and other provider of your chosen payment method. by choosing to use the platform you agree to pay us all applicable charges at the then in effect prices for any creator services on the platform.
• in addition to that, you shall also be liable to pay all charges payable by you to your bank, financial institution, card issuer or other provider of your chosen payment method and the payment gateway for making the purchase. you represent that you have the legal right to use any payment method that you use to remit any amount to us.
• the company will not be responsible nor does it make any representation for any kind of operation, errors by the payment gateway. the company will not be liable for any monetary losses or other losses suffered by you
(i) by making use of the payment gateway,
(ii) delay, failures, interruptions of data or any other information transmitted in connection with the use of the payment gateway
(iii) issues with the operations of the payment gateway
(iv) any access payment made by you. you further agree and acknowledge that your use of the payment gateway is entirely at your own risk. you agree, understand, and confirm that personal data including without limitation details relating to debit card/ credit card transmitted over the internet is susceptible to misuse, theft and/or fraud and that the company has no control over such matters. the company does not represent or guarantee that the use of the payment gateway will not result in theft and/or unauthorised use of data over the internet.
• the records of the company and/or the payment gateway service provider generated by the transactions including the time shall be the conclusive proof of the accuracy and genuineness of the transaction. you agree to provide the correct and lawfully owned details of the credit/debit cards or net banking used by you to make the payment. in event of the non-compliance of the above condition the company or the partner reserves the right to initiate legal action for the recovery of the cost/penalty or other measures as may deem fit.
• the company may, at its discretion, make available to you, such other payment methods, including a simple bank transfer.
‍refunds: for any transaction you perform on the platform your right to refund if money is limited by our terms and conditions of the platform and the conditions set forth by each individual creator. any payments done by the user are non-refundable. the company may after thorough analysis of certain requests, refund all or certain portion of the payment made by you, in its sole and absolute discretion.
‍payouts: the earnings made by the creator by selling their offerings on simply cue will be visible to them in their creator dashboard. based on certain factor some or all of the earnings by the creator may be on hold. the factors include but are not limited to event completion status, payment failure or related issues in the payment gateway, complaints/grievances regarding the show raised by the audience
(s). we will work on our full capacity to resolve any if these issues at the earliest. the creator will be able to check their available withdrawable balance on the dashboard and may withdraw it anytime in their bank account details verified during the onboarding process. to complete this process the creator needs to ensure they have updated their correct bank information and tax documents on the platform.

9. User content

user content is any form of content created, added, uploaded, submitted, distributed, communicated, or posted on the simply cue by user. the user/person who originates such content including but not limited to video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials, is solely responsible for it. you represent that all user content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws.
‍you acknowledge that all user content accessed by you using platform is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. we do not guarantee that any user content you access on simply cue is or will continue to be accurate. we don’t and will not claim any ownership over or rights to the user content.
‍further, the user undertakes that:
• the user owns content or has the necessary licenses, rights, consents, permissions and authorisations to use content
• the user has the written authorisation/permission of each and every identifiable individual person in the user content to use the name or likeness of each and every such identifiable individual person
• the user authorise simply cue to use all user content.
• you grant access of your user content to each user of the platform.
• simply cue will not be liable for any claim, actions, liabilities, loss and damage as a result of its use of the user content.
‍as per ‘intermediary guidelines and digital media ethics code’ of information technology rules, all users are hereby informed that a user shall not to host, display, upload, modify, publish, transmit, store, update or share any information that:
• belongs to another person and to which the user does 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, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.
• is harmful to child.
• infringes any patent, trademark, copyright or other proprietary rights.
• violates any law for the time being in force.
• deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
• impersonates another person.threatens the unity, integrity, defence, security or sovereignty of india, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable 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.
• is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

10. Rules of conduct

you are responsible for all activities that occur through your account, whether or not authorised by you. you are solely responsible for your conduct, content and your communications with others while using the services.
‍you agree that-
• you will not access or use the platform for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third-party privacy or other rights.
• simply cue does not research, verify, endorse, represent, warrant or guarantee the truthfulness, completeness, accuracy, reliability, or veracity of any content and information viewed/submitted on the platform.
• you are solely responsible for determining whether any transaction is appropriate or suitable for you based on your objectives, circumstance and independent judgement.
‍you shall not
(directly or indirectly)-
• interfere or attempt to interfere with the proper working of the platform.
• involve in securities violations, wire fraud, money laundering, or terrorist activities.
• reverse engineer, decompile, or disassemble or attempt to derive source code, algorithms of any part of the platform.

11. Confidentiality

each user shall use the commercially reasonable efforts to keep confidential any and all data and information about the company termed as confidential information including but not limited to written, oral, visual, disclosed by the company, or knowledge gathered over the time. the user shall not disclose the confidential information to others, except when required by the law or on strictly “need-to-know” basis.

12. Ownership of content and intellectual property rights

• the company’s technology, the platform and the company’s trade secrets
(collectively, the “company intellectual property”) constitute valuable trade secrets of the company. all worldwide intellectual property rights and other proprietary rights in and to the company intellectual property and all improvements and developments in connection therewith shall be and remain the exclusive property of the company. the users shall not, either directly or indirectly, infringe, misappropriate or violate the company intellectual property in any manner whatsoever.
• except the content shared by the creators and the users, the platform and all information and content available on the platform and its “look and feel”, including but not limited to the company’s marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof is the property of the company, its affiliates, partners or licensors, or is used with consent of the owner and is protected by laws, including laws governing, copyrights, trademarks and other intellectual property. the reproduction and use of any of these by you is prohibited unless specific written permission is provided by us. any unauthorized use shall violate copyright laws, trademark laws and other applicable intellectual property laws.
• the company and the company’s marks referenced in the platform are the intellectual property rights of the company. any unauthorized use of the same is strictly prohibited and all rights in same are reserved by the company. no use of any the company’s marks may be made by any third party without the express written consent of the company.
• you agree not to engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution of the content obtained through the platform for any commercial purposes. if you download or print any content for personal use, you must retain all copyright and other proprietary notice contained therein.
• your misuse of any of the company intellectual property, the company’s marks displayed on the platform, or any other content on the platform, except as provided in these terms, is strictly prohibited. you are also advised that the company considers its intellectual property to be among its most valuable assets and will aggressively enforce its intellectual property rights to the fullest extent provided under law.

13. Disclaimer

• you acknowledge that we have no duty to take any action regarding:
(i) which users gain access to the services;
(ii) what content you access via the services; or
(iii) how you may interpret or use the content.
• the platform, the services, the content, including without limitation, any information delivered as part of the foregoing are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied, whether by statute, common law, custom, usage or otherwise, including, but not limited to performance, security, integration, quiet enjoyment, satisfactory quality and implied warranties of title, non-infringement, merchantability and fitness for a particular purpose as well as all warranties arising by usage of trade, course of dealing, or course of performance. without limiting the foregoing, the company makes no warranty that:
(i) platform, the services, the content, including without limitation any materials and information delivered as part of the foregoing:
(a) will meet your requirements;
(b) will be accurate, uninterrupted, timely, secure, or error-free;
(ii) the results that may be obtained from the use thereof will be effective, accurate, or reliable;
(iii) the quality of the services purchased or accessible by you will meet your expectations;
(iv) any errors or defects in the foregoing will be corrected; and
(v) is free of viruses or other harmful components.
• the company specifically disclaims all liability for any actions resulting from your use of any the platform and the services. you may use and access the platform and the services at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to the platform or any service.
• the company disclaims any and all liability with respect to any losses, personal injury or other harm that may be caused by your reliance on any advice, suggestions, recommendations or other information provided on the platform.
• the company does not endorse any advertiser on its platform in any manner. the users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. 
• all trademarks, logos, and brand names are the property of their respective owners. the use of these trademarks, logos, and brand names on this website is for identification and informational purposes only and does not imply any endorsement, affiliation, or sponsorship by the trademark owners.
if you are a trademark owner and believe that your logo has been used improperly or without your permission, please contact us at pradeep@simplycue.com, and we will address your concerns promptly.
by displaying these logos, we do not claim any ownership or rights over the trademarks. all rights to these trademarks are reserved by their respective owners.

‍14. Indemnification

you shall indemnify, defend and hold harmless us, our affiliates, holding companies, subsidiaries, affiliates and any related companies, licensors and partners, and each of our and their respective officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers from all losses brought against or suffered by any of them resulting from, arising out of or relating to your
(or any third party using your identity or your account, computers, systems, mobiles, machines, communication devices, network and others applications and resources):
(i) use or misuse of, or access to, the platform, the services, content, or otherwise from your creator’s content;
(ii) violation or breach of these terms;
(iii) violation or breach of any applicable law, whether or not referenced herein;
(iv) violation of any rights of any third party; and
(v) any dealings between you and any third parties. 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 asserting any available defenses.

15. Limitation of liability

the users specifically acknowledge that the services are provided hereunder with the expectation that the company shall not assume any risks of the users. accordingly, in no event shall the company assume any risks of the users.
‍the users further acknowledge and agree that every decision taken by them pursuant to the transactions contemplated hereunder represents an assumption of risk and that the company does not and shall not underwrite or assume the users risk in any manner.
‍the company shall not be held liable for any liabilities suffered by the users or any third party relating to or arising out of:
(i) a failure by the users to adhere to these terms;
(ii) negligent acts of the users; and/or
(iii) breach by the users of any applicable law.
‍in no event shall we, our affiliates, holding companies, subsidiaries, affiliates and any related companies, licensors and partners, and each of our and their respective officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers 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 or other economic losses, loss of data and other programs, loss of opportunity, business interruption, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damage of any kind whatsoever;
(ii) for any bugs, viruses, trojan horses, or the like
(regardless of the sources of origination),
(iii) for any personal injury, property damage, or any other direct damages, regardless of their nature. you acknowledge that the fee paid by you reflects the allocation of risk set forth in these terms and that the company would not enter into this agreement and terms without these limitations. you hereby waive any and all claims against the company arising out of your use of the platform and the services, or any conduct of the company’s personnel. your sole and exclusive right and remedy in case of dissatisfaction with the services or any other grievance shall be your termination and discontinuation of access to or use of the services.
‍in no event shall we, our affiliates, holding companies, subsidiaries, affiliates and any related companies, licensors and partners, and each of our and their respective officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers be liable any bodily injury, loss of life, loss of property or any other accident that arise out of or is in any way connected with any use of the platform, the services or the content.
‍the company shall not be liable for losses and damages resulting from the use of
(or the inability to use) electronic means of communication with the platform, including, but not limited to damages resulting from failure or delay in delivery of electronic communications, interception, or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

16. Third party services

the platform may permit you to link to other websites, applications, services or resources on the internet. any third-party service, is solely between you and the applicable third-party service provider and is subject to the terms and conditions of such third-party provider. we do not warrant, endorse or support third-party services and is not responsible or liable for such services or any losses or issues that result as your use of such services. you represent and warrant that your use of any third-party service signifies your independent consent to the access and use of your data by the third-party service provider, and that such consent, use, and access is outside of our control. we will not be responsible or liable for any disclosure, modification or deletion of data resulting from any such access by third-party service providers.

17. grievance redressal process

we value the trust placed upon us and strive to offer the best support services to our users.our grievance redressal framework has been designed to address the customer grievances in a timely and efficient manner.
‍guidelines for handling grievances:

‍● complaints raised by customers shall be attended with courtesy and in time.

‍● reference id shall be provided to customers to facilitate follow-up and references.

‍● acknowledgment shall be provided to the customer for complaints received.

‍● all complaints/grievances shall be recorded and updated in the customer relationship management system.

‍● analysis of recurring issues and review by senior management shall be conducted regularly.
‍grievance registration and touch points:
‍we have a three-tier escalation mechanism for customer grievances.
‍level 1- our customers can register their grievances by writing an email to support@simplycue.com
‍level 2- if a customer needs to further escalate complaint, he/she can write to the customer success manager at parul@simplycue.com
‍level 3- if the customer is still not satisfied with the provided resolution, he/she can approach the grievance redressal cell by writing to nodal officer.
‍name: pradeep kumar singh
‍address: regus 10th floor, levana cyber heights, gomti nagar, lucknow-226010
‍email id- pradeep@simplycue.com
support & tools for grievance management:

‍● grievance management is supported by our integrated crm system.

‍● all touch points can log a complaint through crm system, it generates a complaint reference number which is communicated to the customer.

‍● the complaint status can be tracked at any given point of time.

‍● crm sends escalations to the next level in case the complaint is not resolved.

‍● the resolution by the respective stakeholder is communicated to the customer.
‍we aim to resolve most complaints within 15 working days depending on the nature and complexity of the complaint. if we are not able to resolve the complaint within 15 working days of the acknowledgement, or once all relevant information has been received from you if later, we will provide you with a resolution timetable.

‍18. Laws, jurisdiction and dispute resolution

disputes or differences arising out of these terms and conditions, including any disputes with regard to interpretation of any of the clauses of terms and conditions , shall be referred to a sole arbitrator mutually agreed by the parties, as per the provisions of the arbitration and conciliation act 1996. the arbitration shall be held in lucknow. these terms and conditions shall be governed by, and construed in accordance with, the laws of india, and any dispute arising in connection with terms and conditions shall be subject to the exclusive jurisdiction of the court in lucknow. the language of arbitration shall be english.

19. Termination

simply cue, in its sole discretion, may suspend or terminate your account/use of the service/remove and discard any content within the service, for any reason, including, without limitation, for lack of use or if simply cue believes that you have violated spirit of these terms and conditions. any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of service. you agree that simply cue may deactivate/delete your account/content of your account immediately without prior notice.

20. Additional provisions

force majeure: in no event shall the simply cue be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, epidemics, nuclear or natural catastrophes or acts of god, and interruptions, loss or malfunctions of utilities, communications or malicious third party attacks on the platform, electrical power fluctuations or failures.  it is being understood that the simply cue shall use reasonable efforts which are consistent with accepted practices in the it industry to resume performance as soon as practicable under the circumstances.
‍waiver: to breach any provision of the terms and conditions, written permission shall be taken by authorised representative of the company.
‍independent rights and obligations: each of the rights of the company under these terms and conditions are independent, cumulative and without prejudice to all other rights available to it, and the exercise or non-exercise of any such rights shall not prejudice or constitute a waiver of any other right of the company, whether under terms and conditions or otherwise.
‍severability: if any portion of terms and conditions is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
‍notices: all notices, requests, demands and other communications under this terms and conditions shall be in writing and in english language. all such communications shall be mailed by registered or certified mail
(return receipt requested) or delivered by an express courier
(with confirmation) or email followed by a confirmation of receipt to the company.

21. Contact information

if you have any questions or concerns about our terms & conditions, you may contact our grievance redressal cell:-
name: pradeep kumar singh
address: regus, 10th floor, levana cyber heights, gomti nagar, lucknow-226010
email: id- pradeep@simplycue.com