Terms and Conditions of Use

This Terms of Service (the “ToS” or “Agreement”) applies with respect to the usage of the services (the “Com Olho Service”) offered by Com Olho IT Private Limited (the “Company”), a company incorporated under the laws of India, and having its registered office at 1114 Sector 4 Urban Estate Gurugram Haryana 122001.

Your usage of the Com Olho Service is subject to your explicit acceptance of these ToS and the attached Privacy Policy (the “PP”). Your acceptance of the same will irrevocably and unconditionally bind you to comply with and abide by all the obligations and conditions stipulated herein (unless otherwise explicitly made optional). After your initial confirmation/consent, You will be assumed to continue consenting to these ToS until you explicitly withdraw your consent by notifying the Company of the same in writing. These ToS supersede all previous oral and written terms and conditions (if any) and shall act as a binding Agreement between the Company and You. Com Olho IT Private Limited can exercise IP control or ensure or guarantee the integrity of services offered. Com Olho has Trademark rights for both the company name and logo according to provisions of the The Trade Mark Act 1999 and warrants for unlawful use of both

IF YOU DO NOT AGREE TO BE BOUND BY ALL CONDITIONS/CLAUSES CAPTURED IN THESE TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.

  1. Definitions

    1. "Company," "we," "us," or "our" includes any other companies that are the Company’s subsidiaries and affiliates.

    2. “Com Olho Content” means and includes all ideas, concepts, inventions, systems, platforms, software, interfaces, tools, utilities, templates, forms, techniques, methods, processes, algorithms, know-how, trade secrets, Documentation, Report Templates, Com Olho Code, and other technologies and information acquired, created, developed or licensed independently by us, prior to or outside the scope of this ToS and any improvement, modification, extension or other derivative works thereof and all intellectual property rights thereto. Com Olho Content excludes all Customer Data.

    3. “Customer Data” means all electronic data, information, or other content (including information pertaining to End-Users and the content of any Messages), submitted or provided by or on behalf of a Customer to be stored, collected or processed by us in connection with a Customer’s authorised use of the Com Olho Services

    4. “Documentation” means the implementation guides, help information and other user documentation regarding the Com Olho Service that is provided or made available by us to a Customer in electronic or other form

  2. “Platform” shall mean the website, dashboard and any other platform which may allow you to access and/or use the Com Olho Services via any other device/medium;

  3. Updation of Terms

    1. These ToS may be updated, amended, modified or revised by us from time to time. Each such updation or modification to the ToS will be communicated to you via email, and you will be required to give your separate consent to each such revised version to be able to continue to use the Com Olho Services. As a best practice, we encourage you to refer to these ToS from time to time to ensure that you are aware of any additions, revisions, amendments or modifications that we may have made.

  4. Service(s) provided to Customers

    1. The Company provides an array of features and functionalities to their Customer, which then enable its Customers’ engagement with their End-users. These features include, inter alia:

      1. End user behaviour for controlling digital advertising fraud;

      2. Customised brand safety modules for preventing bad digital environment exposure;

    2. The Company reserves the right, in its sole discretion, to add, change, suspend, or discontinue all or any part of the Com Olho Services at any time by posting a notice on the Platform and by sending you an email. 

  5. Registration and Account Integrity

    1. As part of the registration process, you will need to accept our ToS and PP, and also provide us with your name (or the name of your organization/company) and your email ID. 

    2. It is Your responsibility to ensure that the information You provide is accurate, secure, and not misleading. You cannot create an account username and password using (i) the names and information of another person; or (ii) using words that are the trademarks or the property of another party (including ours); or (iii) words that are vulgar, obscene or in any other way inappropriate. At the time of creation and each time you access your account thereafter, we track your IP address solely for the purposes of determining the geographical location from which you are accessing the Platform.

  6. Rules and Conduct

    1. As a condition of use, You promise not to use the service for any purpose that is prohibited by the ToS, by law, or other rules or policies implemented by us from time to time. The Com Olho Service and Com Olho Data is provided only for Your own personal, non-commercial use.

    2. By way of example, and not as a limitation, You shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity

    3. Furthermore, You shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the services; (iii) bypass any measures we may use to prevent or restrict access to the Com Olho Service (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Com Olho Services or the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that You receive hereunder.

  7. Content Ownership and Copyright Conditions of Access

    1. Your copying, distributing, displaying, reproducing, modifying, or in any other way using of the Com Olho Content in any manner not specified in these ToS, will be a violation of copyright and other intellectual property rights and Company reserves its rights under applicable law accordingly. We reserve all rights, title, and ownership in and to the Com Olho Content.

    2. You will at all times remain the complete owner and retain all rights and title in and to the Customer Data. This includes assuming liability and responsibility in cases where the Customer Data breaches any conditions of confidentiality, any intellectual property rights, or any other third-party rights.

  8. Reviews and Feedback

    1. You agree that we may contact You through telephone, email, SMS, or any other electronic means of communication for the purpose of:

      1. Obtaining feedback in relation to Services offered by Com Olho ; and/or

      2. Resolving any complaints, information, or queries received from you regarding the same;

    2. and you agree to provide your fullest cooperation further to such communication by Company.

  9. Support

    1. The Company offers email-based/online support and query-resolution tools. You may access support resources or contact our support by emailing at contact@comolho.com. The Company shall use commercially reasonable best efforts to respond to Your request for support, or to fix any problems You may be having, as is applicable. Any suggestions by the Company to You regarding use of Com Olho/the Platform shall not be construed as a warranty.

  10. Termination

    1. The Company reserves the right to suspend or terminate Your access to the Platform and the services with or without notice and to exercise any other remedy available under law, in cases where,

      1. You are in breach of any terms and conditions of this ToS;

      2. The Company is unable to verify or authenticate any information provided to Company by You;

      3. The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on your part; or

    2. Once temporarily suspended, indefinitely suspended or terminated, You may not continue to use the Platform under the same account, a different account or re-register under a new account. The Company shall destroy and/or delete all the data and other information related to your account within 14 days of the date of termination. All provisions of the ToS, which by their nature should survive termination, shall survive termination, including without limitation, warranty disclaimers, indemnity and limitations of liability.

  11. Disclaimer

    1. THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE COMOLHO SERVICES AND THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM AND THE SERVICES IS SOLELY AT YOUR OWN RISK.

  12. Indemnification

    1. You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/JV partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) Your use or misuse of, or access to, the Platform and Com Olho; or (ii) Your violation of the Terms of Use or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in connection therewith.

  13. Limitation of Liability

    1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; OR (II) FOR YOUR RELIANCE ON THE SERVICE; OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE INR [●]/-; OR (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.

  14. Governing Law

    1. This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform, the ToS or any transactions entered into on or through the Platform shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts.

  15. Miscellaneous

    1. The ToS are the entire agreement between You and the Company with respect to Com Olho, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Company with respect to the same. If any provision of the ToS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the ToS will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The ToS are personal to You, and are not assignable or transferable by You except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the ToS and neither party has any authority of any kind to bind the other in any respect. All notices under the ToS will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.

  16. Contact

    1. If You have any questions regarding the Platform or the Com Olho Services, please contact us at contact@comolho.com. You may also reach out to our Data Protection Officer, available at the below coordinates:
      Name: Abhinav Bangia
      Email ID: abhinav@comolho.com