INVICTURE TERMS OF USE

Last Updated: February 16, 2025

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Invicture Technologies Private Limited., a company registered under the laws of India (“Invicture”, "Company", "we", "us", or "our"), governing your access to and use of our website www.invicture.com and any other associated website, web-service, or portal (the "Website"), including all content, functionality, and services offered on or through the Website.

[Invicture shall mean- (a) if you are accessing the Website from the EU, Invicture Technologies Lda., an entity operating in Portugal, (b) if you are accessing the Website from the United States, Canada, Puerto Rico, Invicture Technologies, Inc., an entity operating in the United Sates of America, and (c) if you are accessing the Website from anywhere else in the world, Invicture Technologies Private Limited., a company registered in India.]

BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE THE WEBSITE.

  1. ACCEPTANCE OF TERMS

    By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy, which is incorporated herein by reference.

    We reserve the right to modify, amend, or update these Terms at any time without prior notice. Your continued use of the Website following any changes constitutes acceptance of those changes. It is your responsibility to review these Terms periodically.

  2. ELIGIBILITY AND REGISTRATION

    • You must be at least 18 years of age to use the Website. By using the Website, you represent and warrant that you meet this age requirement.
    • Certain features of the Website may require you to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
    • You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
  3. SERVICES PROVIDED

    The Company provides IT consultancy services, quality engineering services including functional/regressive testing and automation, digital transformation, custom software development, managed services, learning and development, and staff augmentation services to clients globally. The Website serves as a platform to:

    • Provide information about our services, solutions, and capabilities;
    • Connect potential candidates with employment opportunities;
    • Facilitate communication between the Company, candidates, and potential employers;
    • Process and store user data for service delivery and future reference; and
    • Enable job applications, profile creation, and career-related interactions.
  4. USER OBLIGATIONS AND PROHIBITED CONDUCT

    Permitted Use. You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

    • In any way that violates any applicable national, state, or international law or regulation;
    • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent;
    • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
    • To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website;
    • To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or
    • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

    Content Standards. Any content you submit, upload, or transmit through the Website must comply with applicable laws and must not be defamatory, obscene, offensive, hateful, inflammatory, or promote discrimination, bigotry, racism, or harm against any individual or group. You represent and warrant that the content and information you submit on the Website are true and accurate, and that you have full right to share such content on the Website.

  5. INTELLECTUAL PROPERTY RIGHTS

    Ownership. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

    Limited License. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal or internal business purposes, subject to your compliance with these Terms. This license does not include any right to:

    • Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as incidental to normal web browsing;
    • Use any data mining, robots, or similar data gathering or extraction methods;
    • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Website; or
    • Remove or alter any copyright, trademark, or other proprietary notices from copies of materials from the Website.

    User-Generated Content License. By submitting, posting, or displaying any feedback, suggestions, comments, resume data, profile information, or other content on or through the Website (collectively, "User Content"), you grant the Company a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media formats and through any media channels, whether now known or hereafter developed, for the purposes of operating, promoting, and improving the Website and the Company's services.

  6. DATA COLLECTION AND PRIVACY

    The Company collects, processes, stores, and uses personal data in accordance with the Digital Personal Data Protection Act, 2023 ("DPDP Act") and our Privacy Policy. By using the Website, you consent to such collection and use of your personal data as described in our Privacy Policy.

    The data we collect may include, but is not limited to, your name, contact information, employment history, educational qualifications, skills, resume, and any other information you voluntarily provide through the Website.

    We may retain your data for future reference and use it to connect you with potential employment opportunities, provide personalized services, and improve our offerings. For detailed information on data processing, storage, security, and your rights under the DPDP Act, please refer to our Privacy Policy.

  7. THIRD-PARTY LINKS AND SERVICES

    The Website may contain links to third-party websites, applications, or services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

    You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms of use and privacy policies of any third-party websites or services that you visit.

  8. DISCLAIMER OF WARRANTIES

    THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

    THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    THE COMPANY DOES NOT GUARANTEE OR WARRANT THAT ANY EMPLOYMENT OPPORTUNITY, JOB PLACEMENT, OR RECRUITMENT SERVICE WILL RESULT FROM YOUR USE OF THE WEBSITE. THE COMPANY ACTS AS A FACILITATOR AND IS NOT RESPONSIBLE FOR THE HIRING DECISIONS OF THIRD-PARTY EMPLOYERS.

  9. LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

    • Your access to or use of or inability to access or use the Website;
    • Any conduct or content of any third party on the Website;
    • Any content obtained from the Website; or
    • Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

    IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR FIVE THOUSAD INDIAN RUPEES (INR 5000), WHICHEVER IS GREATER.

  10. INDEMNIFICATION

    You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including but not limited to your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

  11. TERMINATION

    We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

    Upon termination, your right to use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

    If you wish to terminate your account, you may do so by discontinuing your use of the Website and notifying us in writing at privacy@invicture.com.

  12. GOVERNING LAW AND DISPUTE RESOLUTION

    Governing Law. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India.

    Jurisdiction. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts located in [City], India.

    Arbitration. In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the parties are unable to resolve the dispute within thirty (30) days, the dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Bengaluru, India, and the arbitration shall be conducted in English.

  13. GENERAL PROVISIONS

    Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

    Waiver and Severability. No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

    Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. The Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

    Force Majeure. The Company shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond the Company's reasonable control, including without limitation mechanical, electronic, or communications failure or degradation, natural disasters, acts of God, war, terrorism, riots, civil unrest, or government action.

  14. CONTACT INFORMATION

    If you have any questions, concerns, or complaints about these Terms or the Website, please contact us at:

    Invicture Technologies Pvt. Ltd.
    Tamil Nadu, India - 635109
    Email: contact@invicture.com
    Phone: +91 80 89258 65450
    Privacy Officer:
    Name: K, Prashant
    Email ID: prashant.k@invicture.com