1. Introduction
1.1 These Terms of Use (the “Agreement”) govern your access to and use of the website located at https://www.pramit.ai/ (the “Website”) and constitutes a legally binding agreement between FirstArt Innovations LLP, a limited liability partnership registered under the laws of India and its affiliates (“Pramit”, “we,” “us,” or “our”) and any individual or entity accessing or using the Website.
1.2 The Website provides information about Pramit and allows users to contact us, request demonstrations, subscribe to communications, review pricing and features, and obtain information relating to Pramit and the product.
1.3 The Website and related communications are for general informational purposes only and do not constitute any advice or create any professional or fiduciary relationship.
1.4 This Agreement governs access to and use of the public-facing Website only. Access to and use of any client portal, software, mobile application, or other services provided by Pramit shall be governed by the applicable Master Services Agreement, Order Form, or other separate written agreement entered into with Pramit.
2. Acceptance of Terms
2.1 By using the Website, you represent that you have the legal capacity to enter into this Agreement and, if acting on behalf of an entity, have authority to bind that entity.
2.2 By using the Website, you acknowledge that you have read, understood, and agree to be bound by the Agreement. Pramit reserves the right to update or modify these terms from time to time. Your continued use of the Website after any such changes constitutes acceptance of the revised terms.
3. Acceptable Use
3.1 You agree to use the Website only for lawful purposes, in accordance with this Agreement and all applicable laws, rules, and regulations. You shall not:
- (a) access or use the Website in any manner that violates applicable law;
- (b) interfere with or disrupt the operation, security, or integrity of the Website or any related systems or networks;
- (c) attempt to gain unauthorized access to the Website, any services provided by Pramit under a separate engagement (the “Pramit Services”), or any related systems or networks;
- (d) use any automated means, including bots, crawlers, scrapers, or similar technologies, to access, copy, monitor, or extract content from the Website without our prior written consent;
- (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software or technology made available through the Website, except to the extent permitted by applicable law;
- (f) use the Website, the Pramit Services, or their content for any unlawful, fraudulent, or unauthorized purpose;
- (g) infringe, misappropriate, or otherwise violate any intellectual property or proprietary rights of Pramit or any third party; or
- (h) harass, threaten, defame, or otherwise cause harm to any person through the Website.
3.2 You represent and warrant that all information you submit through the Website, including through contact forms, demo requests, newsletter subscriptions, pricing inquiries, or other communications, is accurate, complete, and not misleading.
4. Communications
4.1 By providing your contact information through the Website or otherwise communicating with Pramit, you acknowledge that we may contact you by email, telephone, or text message for purposes relating to your inquiries, requested demonstrations, account administration, and other service-related communications, subject to applicable law. Where legally required, we shall obtain your consent before sending marketing or automated communications.
4.2 Where required by applicable law, we will obtain your consent before sending marketing communications. You may opt out of receiving marketing emails at any time by using the unsubscribe link included in such communications or by contacting us at support@pramit.ai.
5. Data Privacy and Customer Data
Your use of the Website is subject to our Privacy Policy and Cookies Policy, which are incorporated into this Agreement by reference. These policies explain how we collect, use, disclose, store, and otherwise process your personal information, as well as our use of cookies and similar technologies. By accessing or using the Website, you acknowledge that you have read and understood these policies.
6. Intellectual Property
The Website and all content made available through the Website, including its text, graphics, images, logos, trademarks, trade names, branding, design, layout, and other materials (collectively, the “Website Content”), are owned by or licensed to Pramit and are protected by applicable intellectual property and proprietary rights. All rights not expressly granted under this Agreement are reserved by Pramit.
7. Reservation of Rights
Pramit reserves all rights not expressly granted under this Agreement, and no other rights are granted under these Terms of Use by implication or estoppel or otherwise.
8. Term and Termination
8.1 This Agreement applies from the time you first access or use the Website and shall continue for as long as you access or use the Website.
8.2 Pramit may, at any time and in its sole discretion, suspend, restrict, or terminate your access to all or any part of the Website.
8.3 Upon suspension or termination of your access, your right to use the Website shall immediately cease. Suspension or termination shall not affect any rights, remedies, obligations, or liabilities accrued prior to such suspension or termination. Any provisions of this Agreement that by their nature are intended to survive, including those relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution, shall survive such suspension or termination.
9. Website Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PRAMIT DOES NOT WARRANT THAT THE WEBSITE OR WEBSITE CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, SECURE, ERROR-FREE, OR UNINTERRUPTED. THIS SECTION DOES NOT MODIFY ANY EXPRESS OBLIGATION UNDER A SEPARATE ENGAGEMENT REFERRED TO YOU.
10. Indemnification and Limitation of Liability
10.1 Indemnification. You agree to defend, indemnify, and hold harmless Pramit and its affiliates, officers, directors, employees, and agents from any claims, liabilities, losses, damages, and expenses arising from your use of the Website, violation of this Agreement or applicable law, or infringement of any third-party rights.
10.2 Limitation of Liability. To the maximum extent permitted by applicable law, Pramit shall not be liable for any loss or damage arising from your access to, use of, or inability to use the Website, including any unauthorized access, loss of data, service interruption, or reliance on Website content, except as otherwise required by applicable law.
11. Governing Law and Dispute Resolution
11.1 Governing Law. This Agreement shall be governed by the laws of the Republic of India, without regard to conflict of laws principles.
11.2 Dispute Resolution. Any dispute, controversy, or claim arising out of or relating to this Agreement, including its interpretation, performance, breach, termination, or validity, shall be finally resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties, failing which the appointment shall be made in accordance with the Act. The seat and venue of arbitration shall be Hyderabad, Telangana, India, and the proceedings shall be conducted in English. The arbitral award shall be final and binding on the parties and may be enforced before any court of competent jurisdiction.
11.3 Equitable Relief. Pramit may seek injunctive or other equitable relief from any court of competent jurisdiction to prevent or remedy any actual or threatened infringement, misappropriation, or violation of its intellectual property, confidential information, or other proprietary rights.
11.4 Prevailing Party. The prevailing party in any arbitration or court proceeding arising out of or relating to this Agreement shall be entitled to recover its reasonable attorneys’ fees, costs, and expenses, to the extent permitted by applicable law.
11.5 CLASS ACTION AND JURY TRIAL WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH CLAIM MUST BE BROUGHT INDIVIDUALLY, AND EACH PARTY WAIVES PARTICIPATION IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING AND ANY RIGHT TO A JURY TRIAL.
12. Entire Agreement and Amendments
This Agreement, together with any incorporated policies, constitutes the entire agreement between you and Pramit. Pramit may update this Agreement by posting a revised version, and your continued use constitutes acceptance.
13. Severability
If any provision is held invalid or unenforceable, the remaining provisions shall remain in effect, and such provision shall be modified or severed to the extent necessary to make it enforceable.
14. Assignment
You may not assign or transfer this Agreement or any rights or obligations hereunder without Pramit’s prior written consent. Pramit may assign this Agreement without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
15. Force Majeure
Pramit shall not be liable for any delay or failure to perform its obligations under this Agreement to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, governmental actions, or failures of third-party service providers.
16. Electronic Communications
By using the Website or communicating with Pramit electronically, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
17. Relationship
Nothing in this Agreement creates any partnership, joint venture, agency, employment, fiduciary, or similar relationship between you and Pramit.
18. Contact Information
If you have any questions regarding this Agreement or the Pramit Services, please contact us at support@pramit.ai