Irukkaa

END-USER LICENSE AGREEMENT

Effective date: May 30th, 2023

Last updated on: May 30th, 2023

Irukkaa hereby grants you access to (“the app”) and invites you to purchase the services offered here.

1. DEFINITIONS AND KEY TERMS

To help explain things as clearly as possible in this Eula, every time any of these terms are referenced, are strictly defined as:

● Cookie: a small amount of data generated by a website/app and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.

● Company: When this policy mentions “Company,” “we,” “us,” or “our,” it refers to OODATEK Pvt Ltd, (Site No. 1& 54, Roshni Manner, 2nd Floor, 11th Cross, Block-2, Akshaya Nagar, Ramamurthy Nagar, Bengaluru-560016), that is responsible for your information under this Eula.

● Country: where Irukkaa or the owners/founders of Irukkaa are based, in this case, is India

● Service: refers to the service provided by Irukkaa as described in the relative terms (if available) and on this platform.

● Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.

● App/Application: Irukkaa app, refers to the SOFTWARE PRODUCT identified above.

● You: a person or entity that is registered with Irukkaa to use the Services.

2. INTRODUCTION

This End User License Agreement (the “Agreement”) is a binding agreement between you (“End User”, “you” or “your”) and OODATEK Pvt Ltd (“Company”, “we”, “us” or “our”). This Agreement governs the relationship between you and us, and your use of the Company Irukkaa. Throughout this Agreement, the End User and Company may each be referred to as a “Party” or collectively, the “Parties”.

If you are using the app on behalf of your employer or other entity (an “Organization”) for whose benefit you utilize the app or who owns or otherwise controls the means through which you utilize or access the app, then the terms “End User”, “you”, and “your” shall apply collectively to you as an individual and to the Organization. If you use, or purchase a license to, the app on behalf of an Organization, you hereby acknowledge, warrant, and covenant that you have the authority to 1) purchase a license to the app on behalf of the Organization; 2) bind the Organization to the terms of this Agreement.

By downloading, installing, accessing, or using the app you: (a) affirm that you have all of the necessary permissions and authorizations to access and use the app; (b) if you are using the app pursuant to a license purchased by an organization, that you are authorized by that organization to access and use the app(c) acknowledge that you have read and that you understand this agreement; (d) represent that you are of sound mind and of legal age (14 years of age or older) to enter into a binding agreement; and (e) accept and agree to be legally bound by the terms and conditions of this agreement.

If you do not agree to these terms, do not download, install, access, or use the software. if you have already downloaded the software, delete it from your mobile device.

The Application is licensed, not sold, to you by OODATEK Pvt Ltd for use strictly in accordance with the terms of this Agreement.

3. LICENSE

Subject to the terms of this Agreement and, if applicable, those terms provided in the License Agreement, Irukkaa grants you a limited, non-exclusive, perpetual, revocable, and non- transferable license to:

(a) install and use the Software on any number of Computing Devices.

(b) access, view, and use on such Computing Device the End User Provided Materials made available in or otherwise accessible through the Software, strictly in accordance with this Agreement, and any other terms and conditions applicable to such End User Provided Materials;

4. RESTRICTIONS

You agree not to, and you will not permit others to:

● License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

● Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.

● Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Irukkaa or its affiliates, partners, suppliers or the licensors of the Application.

5. INTELLECTUAL PROPERTY

All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) that are part of the Software that are otherwise owned by Irukkaa shall always remain the exclusive property of Irukkaa (or of its suppliers or licensors, if and when applicable). Nothing in this Agreement grants you (or any Organization) a license to Irukkaa’s Intellectual Property Rights.

You agree that this Agreement conveys a limited license to use Irukkaa’s Intellectual Property Rights, solely as part of the Software (and not independently of it), and only for the effective Term of the license granted to you hereunder. Accordingly, your use of any of Irukkaa’s Intellectual Property Rights independently of the Software or outside the scope of this Agreement shall be considered an infringement of Irukkaa’s Intellectual Property Rights. This shall not limit, however, any claim Irukkaa may have for a breach of contract in the event you breach a term or condition of this Agreement. You shall use the highest standard of care to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access. Except as expressly granted in this Agreement, Irukkaa reserves and shall retain all rights, title, and interest in the Software, including all copyrights and copyrightable subject matter, trademarks and trademark-able subject matter, patents and patentable subject matter, trade secrets, and other intellectual property rights, registered, unregistered, granted, applied-for, or both now in existence or that may be created, relating to the thereto.

You (or the Organization, if and as applicable) shall retain ownership of all Intellectual Property Rights in and to the work products that you create through or with the assistance of the Software.

6. USER GENERATED CONTENT

You prohibit from posting content that breaches any state or federal law in any jurisdiction. This includes defamatory or fraudulent content, content that violates any criminal law, and content that amounts to copyright infringement.

You represent and warrant to us that:

● You are 14 years of age or older

● You have full rights and authority to agree to these UGC Terms of Use and to grant the rights described in these UGC Terms of Use

● The User Generated is your original and sole creation or you own or control all rights and to the User Generated Content and that you have all licenses, rights, and permissions necessary to publish the User Generated Content and to grant the rights described in these UGC Terms of Use (Including, but not limited to, permission to use photographs, image or likeness of any individual depicted in the User Generated Content)

● The User Generated Content does not, and our use of the User Generated Content as described in these UGC Terms of use will not infringe on any third party’s statutory, contractual, personal, or other rights (Including, but not limited to, intellectual property rights, copyrights, trade secrets, or confidentiality obligations) or violate any applicable law, rules, or regulations.

● The User Generated Content does not contain any offensive, obscene, defamatory, or illegal material.

● You have paid in full any fee or other required payment related to the production of the user Generated Content, and our use of the User Generated Content as described in these UGC Terms of Use will not require any payment to any person.

The following is a list of content which is prohibited from being uploaded, stored, posted, displayed, accessed or transmitted on, in or from Irukkaa

● Any inappropriate, objectionable, offensive, obscene, or illegal User Generated Content.

● Any User Generated Content containing any pornographic materials of a sexually suggestive manner or which exploit any person sexually or which contain a link to any adult website.

● Any User Generated Content which solicits or posts personal information in contravention of any data protection and privacy law

● Any User Generated content which contains any audio-visual material featuring photos or images of another person which you have posted without obtaining the person’s consent ( or if that person is not your child and is under 18 years of age, the consent or his/her parent or legal guardian) to upload onto this app(Irukkaa).

● Any User Generated Content which contains information which the user uploads knowing the same to be false or misleading or advocates illegal activity including but not limited to materials or conduct which is abusive, threatening defamatory or libellous

● Any User-Generated content which contains any unauthorized copy of copyright work including but not limited to pirated audio–visual materials or which infringes any other third-party intellectual property rights.

● Any User Generated content which involves the transmission of unsolicited emails, junk mail or spam.

7. PURCHASE AND REFUND POLICY

We provide users the option to purchase plans for posting jobs, posts, and announcements through our app The plan price is calculated based on

● Resources

● Distance

● Priority

● Visibility

Once a purchase transaction is successfully completed, please note that we do not offer refunds from our side.

8. YOUR SUGGESTIONS

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Irukkaa with respect to the Application shall remain the sole and exclusive property of Irukkaa.

Irukkaa shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

9. MODIFICATIONS TO APPLICATION

Irukkaa reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

10. UPDATES TO APPLICATION

Irukkaa may from time to time provide enhancements or improvements to the features/ functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the Application. You agree that Irukkaa has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

11. THIRD-PARTY SERVICES

The Application may display, include or make available third-party content (including data, information, applications and other products and services) or provide links to third-party websites or services ("Third-Party Services").

You acknowledge and agree that Irukkaa shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Irukkaa does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

12. TERM AND TERMINATION

This Agreement shall remain in effect until terminated by you or Irukkaa.

Irukkaa may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Irukkaa, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your computer.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your computer.

Termination of this Agreement will not limit any of Irukkaa’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

13. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Irukkaa and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to i) your use or misuse of the Software; ii) your failure to comply with any applicable law, regulation, or government directive; iii) your breach of this Agreement; or iv) your agreement or relationship with an Organization (if applicable) or any third party. Furthermore, you agree that Irukkaa assumes no responsibility for the information or content you submit or make available through this Software or the content that is made available to you by third parties.

14. NO WARRANTIES

The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Irukkaa, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Irukkaa provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Irukkaa nor any Irukkaa’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Irukkaa are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

15. LIMITATION OF LIABILITY

Notwithstanding any damages that you might incur, the entire liability of Irukkaa and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.

To the maximum extent permitted by applicable law, in no event shall Irukkaa or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Irukkaa or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

16. SEVERABILITY

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

17. WAIVER

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

18. AMENDMENTS TO THIS AGREEMENT

Irukkaa reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

19. GOVERNING LAW

The laws of India, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

20. CHANGES TO THIS AGREEMENT

We reserve the exclusive right to make changes to this Agreement from time to time. Your continued access to and use of the app constitutes your agreement to be bound by and accept the terms and conditions posted at such time. You acknowledge and agree that you accept this Agreement (and any amendments thereto) each time you load, access, or use the app. Therefore, we encourage you to review this Agreement regularly.

If, within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the updated terms, you may withdraw your acceptance of the amended terms by providing us with written notice of your withdrawal. You are no longer authorised to access or use the app upon providing us with written notice of the withdrawal of your acceptance.

21. NO EMPLOYMENT OR AGENCY RELATIONSHIP

No provision of this Agreement, or any part of the relationship between you and Irukkaa, is intended to create nor shall they be deemed or construed to create any relationship between you and Irukkaa other than that of and end user of the app and services provided.

22. EQUITABLE RELIEF

You acknowledge and agree that your breach of this Agreement would cause Irukkaa irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Irukkaa may be entitled, you acknowledge and agree that we may seek injunctive relief to prevent this Agreement's actual, threatened or continued breach.

23. HEADINGS

The headings in this Agreement are for reference only and shall not limit the scope of, or otherwise affect, the interpretation of this Agreement.

24. GEOGRAPHIC RESTRICTIONS

The Company is based in India and provided for access and use primarily by persons located in India and maintains compliance with Indian laws and regulations. If you use the app from outside India, you are solely and exclusively responsible for compliance with local laws.

25. LIMITATION OF TIME TO FILE CLAIMS

Any cause of action or claim you may have arisen out of or relating to this agreement or the app must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

26. ENTIRE AGREEMENT

The Agreement constitutes the entire agreement between you and Irukkaa regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Irukkaa.

You may be subject to additional terms and conditions that apply when you use or purchase other Irukkaa’s services, which Irukkaa will provide to you at the time of such use or purchase.

27. CONTACT US

Don't hesitate to contact us if you have any questions about this Agreement.

● Via this Link: Click here

Irukkaa is a mobile application that offers imperative solutions for the employment challenges of the blue-collar sector.

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