TERMS OF USE

1. INTRODUCTION

Welcome to pep.live (“Website”) and Pep Application (“Application”) - a platform owned and managed by Equation Internet Private Limited (“Company”/ “We”/ “Our”/ “Us”) that brings together customer engagement, content delivery and administration tools in one place.  We are focused on providing an online marketplace to content creators, domain experts and instructors to offer their content in various categories such as finance, fitness, entertainment, lifestyle, etc. to users through interactive sessions and pre-recorded videos (“Service(s)”). The Website and Application are hereinafter collectively referred to as “Platform”).

The Terms of Use (“Terms”) along with the privacy policy and other policies and guidelines (collectively “Agreement”) of the Platform form a binding agreement between users and/ or content creators (collectively “Users”/ “You”) and Us. These Terms apply to all visitors, users and others who wish to access or use the Service.  These Terms are an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000, rules made thereunder, and any other applicable statutes, as amended from time to time. These Terms do not require any physical, electronic or digital signature.

2. YOUR APPROVAL

1. You can accept the Agreement only if:

1. you are a natural person of the legal age to consent in your jurisdiction and of sound mind to form a binding contract with Us pursuant to Your use of the Platform; or

2. you are a juristic person, lawfully existing that has all the authorisations, permits and allowances to enter into this Agreement and form a binding contract; and

3. you are not legally barred under applicable laws from using the Platform.

2. You understand that We want You to not use the Platform if You do not understand, approve of or accept the Agreement in their entirety. Hence, You are requested to read the Agreement carefully and understand the Agreement before You accept it and agree to be bound by them.

3. By accessing the Platform, and utilising the Services on the Platform, You indicate, agree and acknowledge that you understand, agree and consent to this Agreement. Your use of the Platform is at your own risk, including the risk that You might be exposed to content that is objectionable, or otherwise inappropriate.

4. If You do not agree with (or cannot comply with) the Agreement, then You may not use the Service, but please let Us know by emailing at support@pep.live so We can try to find a solution.

3. SYSTEM REQUIREMENTS

1. The access and use of the Services requires one or more compatible devices, internet access, certain software and may require obtaining updates or upgrades from time to time. Since use of the Services involves hardware, software, and internet access, your ability to access and use the Services may be affected by the performance of these factors. High speed internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

2. By accessing the Services through a mobile or other device, You may be subject to charges by your internet or mobile service provider, so check with them first if You are not sure, as You will be solely responsible for any such costs incurred.

4. SERVICES

1. The Platform is designed to provide You an in-app browsing experience through an embedded browser. The Platform provides third party content within one platform for easy access by You and for assisting You to find corresponding content of your interest. The Platform does not host, display or transmit any content owned by third parties on its servers, unless We either have a license to host, display or transmit over such content or are otherwise permitted under the applicable laws to do the same. You agree and acknowledge that We are only an intermediary and that the Platform does not provide any content of its own accord and We are not responsible or liable in any way for the content that may be accessed by You through the Platform.

2. The Company will provide the Services, and standard updates to the Services that are made generally available by the Company during the term. The Company may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice.

3. The Platform may include links to other mobile applications and/or websites (some of which may be automated search results) which may contain materials that are objectionable, unlawful, or inaccurate. We do not endorse or support these links or the products and services they provide; these links are provided for your convenience only. We are not responsible or liable for the content or accuracy of such links.

4. Subject to all the terms and conditions of the Agreement, the Company grants non-exclusive, non-transferable, non-sublicensable right and license to access and use the Platform and the Service(s) solely for your personal purposes or for educational purposes, but only in accordance with the Agreement (including without limitation any applicable service-specific terms).
   
5. We may stop provision of the Platform (or any part of it), permanently or temporarily, to You or to Users generally or may modify or change the nature of the Platform and/or the Agreement at Our sole discretion. Your use of the Platform following any such modification constitutes your deemed acceptance to be bound by any and all of the Agreement (or as it may be modified).

5. ACCOUNTS

1. In order to access the Platform, You have to register as a User by providing prescribed information which will be governed by Our privacy policy.

2. Use of Services on the Platform is available only to persons who can form legally binding contracts. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Platform. In case the Service needs to be used by a person under the age of 18 (eighteen) years, then the account must be created by the parents or legal guardian who has agreed to the terms of the Agreement.
   
3. You are solely responsible for maintaining the confidentiality of your account and/or password, including but not limited to the restriction of access to your computer and/or account, changes and updates submitted through your account, and all activities that occur in connection with your account. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You, without appropriate authorisation. You may not use as a username any name that is offensive, vulgar or obscene.

5. In creating an account and/or claiming your business’ listing, You represent to Us that all information provided to Us in such process is true, accurate and correct, and that You will update your information as and when necessary in order to keep it accurate. If You are creating an account or claiming a business listing, then You represent to Us that You are the owner or authorised agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by Us, or provide or use false information to obtain access to a business’ listing on the Services that You are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Us or third parties to incur substantial economic damages and losses for which You may be held liable and accountable.

6. We reserve the right to refuse Service, terminate accounts, remove or edit content, or cancel orders at Our sole discretion.

6. COMMUNICATIONS

1. When You use the Services or send emails or other data, information or communication to the Platform You agree and understand that You are communicating with the Company through electronic modes and other telecommunication modes.

2. By using Our Service, You agree to subscribe to newsletters, marketing or promotional materials and other information We may send via any and all electronic, digital and other telecommunication modes. However, You may opt out of receiving any, or all, of these communications from Us by following the unsubscribe link or by emailing at support@pep.live.

3. You agree that if You are a content creator, and there are links embedded in your profile or your content shared on the Platform, You will provide such information as may be required under applicable laws to relevant government authorities, including but not limited to details of your registered user account on the Platform, and any other information that may be requested from You. You acknowledge that We will not be liable for the accuracy, validity or authenticity of any information disclosed by You in furtherance of your obligations under applicable laws, including in response to any requests from relevant government authorities.

7. FEES AND CHARGES

1. Membership on the Platform: The Company reserves the right to charge fees and change its policies thereafter and from time to time. The Company may at its sole discretion introduce new services and modify some or all of the existing Services offered on the Platform. In such an event the Company reserves the unrestricted and discretionary right to change, rearrange, add or delete Services offerings, the selections in those offerings, prices, and any other Service We may offer, at any time and accordingly, reserves the right to introduce fees for the new services and/or for some or all of the existing Services on the Platform, as the case may be. Changes to the fee and related policies shall automatically become effective immediately once implemented on the Platform. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to the Company. The Company will notify You of any such change and its effective date.

2. PricingItypographical error: If the Company comes across any typographic errors with respect to pricing or Services information, the Company shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 30 (thirty) business days of such corrective action taken.
   
3. Payment facility: To purchase and/or renew your membership plan or purchase any Content hosted on the Platform, You can choose a payment method, as available on the payment section of the Platform. You understand, accept and agree that the payment facility provided by Us via payment service providers (“PSP”) is neither a banking nor financial service but is merely a facilitator providing an online electronic payment, using third party gateways or appropriate payment system infrastructure and the same will also be governed by the terms and conditions of such third-party PSP. You acknowledge that We will in no case be liable for any failed payment, cancelled payment or any other refund related issue.

4. While availing any of the payment methods available on the Platform, the Company shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

1. lack of authorisation for any transaction;

2. exceeding the pre-set limit mutually agreed between You and the third­ party bank;

3. any payment issues arising out of the transaction; or

4. decline of transaction for any other reasons.

5. Further, the User should take care not to share his personal UPI pin or OTP with any third party intentionally or unintentionally. The Company never solicits information such as UPI pin or OTP over a call or otherwise. The Company shall not be liable for any fraud due to the sharing of such details by the User.

6. It is hereby confirmed that We shall not be responsible for any of your tax liability arising on the services rendered by You through the Platform or otherwise. Further, in case of any tax, penalty or any other costs incurred by Us due to non­ compliance or non-communication or any other action or omission attributable to You in relation to the afore-mentioned aspects on GST, You agree to indemnify and hold Us harmless against such tax, penalty, fines imposed on Us by governmental authorities.

7. Refund/Cancellation: We do not support refunds in any form for the payment transactions being enabled on the Platform for any reason whatsoever. Hence, You are requested to carefully review all information prior to making any in-app purchases.

8. CONTESTS, SWEEPSTAKES AND PROMOTIONS

1. Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from the Agreement. If You participate in any Promotions, please review the applicable rules as well as Our privacy policy. If the rules for a Promotion conflict with the Agreement, rules for Promotions will prevail.

2. The Company may conduct competitions from time to time, and You agree to allow the Company to use the submissions by You including but not limited to videos, written content, craft work etc., for promotional purposes. All rights will be reserved by the Company for usage of such submissions by you. You additionally permit the Company to use every kind of information submitted by You like photos, videos etc. for promotional campaigns and You agree to assign such rights on the same to the Company once your submissions are made to the Company.

9. CONTENT

1. Our Service allows You to post, link, store, share and otherwise make available certain information, text, graphics, audio, videos, or other material (“Content”). You are responsible for Content that You post on or through Service, including its legality, reliability, and appropriateness.

2. By posting Content on or through the Platform, You represent and warrant that:

1. You have the right to use and post the Content, the Content is originally created by You (You own it) and/or You have the right to use it and the right to grant Us the rights and license as provided in these Terms;
2. that the posting of your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity;
3. that the Content does not violate Clause 9(c) of these Terms or our community guidelines.

3. You shall not post, host, display, upload, modify, publish, transmit, store, update or share any Content or information on the Platform that:

1. belongs to another person and to which the User does not have any right;
   
2. is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;

3. is harmful to child;

4. infringes any patent, trademark, copyright or other proprietary rights;

5. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify;

6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify;

7. impersonates another person;

8. 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;

9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;  

10. is in the nature of an online game that is not verified as a permissible online game;

11. is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game;

12. violates any law for the time being in force.

4. If You are a content creator, you additionally agree that none of your Content shall violate our Community Guidelines.

5. The Company is under no obligation to examine or verify any Content posted on the Platform by You, and the Company assumes no responsibility or liability relating to any such Content on the Platform nor does the Company assume or shall assume responsibility or liability for breach of any of your obligation(s) under these Terms. Notwithstanding the above, on receipt of a complaint, the Company has the right but not the obligation to take down the Content provided by users and may decline to accept and/or remove any Content that contains any information which is  inconsistent  with these Terms.

6. Any Content uploaded by You shall be subject to relevant laws and the Agreement and may be disabled, or may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, the Agreement, or the privacy policy of the Platform, We may terminate your account/block your access to the Platform and/or remove any non-compliant Content uploaded by You. A violation of any provisions of this Agreement may result in a legal liability upon You and nothing in the Agreement should be construed to confer any rights to any third party or person. You are responsible for your Content, conduct and activities while using the App, and for any consequences thereof.

7. You specifically agree that the Company shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received through the Platform, misuse of any data, unfair trade practices, fraud, cyber-squatting, hacking and other cybercrimes.

8. You retain any and all of your rights to any Content You submit, post or display on or through the Platform and You are responsible for protecting those rights. We take no responsibility and assume no liability for Content You or any third party posts on or through the Platform. However, by posting Content using the Service You grant Us non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub­licensable (through multiple tiers) right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for Us to make your Content available to other users of the Platform and the Service, who may also use your Content subject to the Agreement.

9. You understand that the Company has the right at all times to disclose any information (including the identity of the User providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request, or in response to any court order or summons. In addition, the Company can, and You hereby expressly authorise Us to, disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

10. USE OF THE PLATFORM AND THE SERVICES

1. You may use the Platform and the Services only for lawful purposes and in accordance with the Agreement.

2. You agree and acknowledge to the following representations at all times while using the Platform:

1. any information that You provide is true, accurate, complete and updated;
2. You will only use the Content of the Platform for non-commercial and personal purpose;
3. You will not use the Platform or any Content provided thereof for any purpose that is illegal, unlawful or prohibited by the Agreement;
4. You will not copy, reproduce, alter, modify, create derivative works of, or publicly display any Content displayed on the Platform; and
5. You will not confer any of your rights to any third parties.

3. You hereby agree not to use the Platform and the Services:

1. in any way that violates any applicable national or international law or regulation;

2. for the purpose of exploiting, harming, or attempting to exploit any person or harm minors in any way by exposing them to inappropriate content or otherwise;

3. to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;

4. to impersonate or attempt to impersonate Company, a Company employee, another User, or any other person or entity;

5. in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;

6. to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Service, or which, as determined by Us, may harm or offend Company or users of Service or expose them to liability;

7. use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party's use of Service, including their ability to engage in real time activities through Service;

8. use any “deep-link”, “page-scrape”, “robof', “spider”, or other automatic device, process, program or means to access the Platform and/or the Service for any purpose, including monitoring or copying any of the material on the Platform;

9. use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without Our prior written consent;

10. use for any purpose that is unlawful or otherwise prohibited by the Agreement, or for other activity which infringes the rights of the Company or others;

11. use any device, software, or routine that interferes with the proper working of the Platform;

12. introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

13. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which the Platform is stored, or any server, computer, or database connected to Service;

14. attack the Platform via a denial-of-service attack or a distributed denial-of­ service attack;

15. take any action that may damage or falsify Company rating;

16. in any way decompile, reverse engineer, or disassemble any material or Content on the Platform.

11. REPORTING VIOLATIONS AND CONTENT TAKEDOWN

1. You can report any violation of these Terms by writing to Nav Sarvesh, Grievance Officer at support@pep.live and we will endeavour to address your concern within statutory timelines.

2. If You find any Content on the Platform which falls under any of the prohibited categories of Content listed in the Terms or our community guidelines, You can inform Us of such a violation of the Terms by writing to Us at support@pep.live with:

1. a screenshot or sharing the link of the infringing post; and
2. your reasons for objecting to such Content.

3. Your reports of violation of the Terms will be received and acknowledged within 24 (twenty-four) hours by Our Grievance Officer.

4. We will respond to your reports of violations no later than 15 days by:

1. taking down such violating Content; or
2. suspending/blocking of the violating User’s account; or
3. terminating the violating Users’ access to the Platform.

5. Our team’s assessment of any complaints relating to Content shared on the Platform will be limited to whether such Content violates these Terms or Our own internal policies and guidelines. Such a decision will be final and binding as regards Content on the Platform. We do not undertake any legal analysis or judgement on the nature of reported Content.

12. INTELLECTUAL PROPERTY

1. Your use of the Platform is, and at all times shall be, governed by and subject to the laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by your use of the Platform through your device.

2. The Platform and its original content (excluding Content provided by users), features and functionality, structure, expression, “look and feel”, all graphics, user interfaces, visual interfaces, photographs, trademarks, logos, tests, reports, text, graphics, icons, sounds, music, artwork and computer code (“Company Data”) are and will remain the exclusive property of the Company and its licensors. The Platform is protected by copyright, trademark, and other applicable laws in the jurisdiction applicable to the operations of the Company. Our trademarks may not be used in connection with any product or service without the prior written consent of the Company.

3. Except as expressly provided in these Terms, no part of the Platform and no Company Data may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial use, without the Company’s express prior written consent. Company Data on the Platform is solely for your personal, limited and non-exclusive use. Use of the Company Data on any other web site or networked computer environment or use of the Company Data for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.

4. The Platform and any underlying technology or software used in connection with the Platform may contain rights of Company or its affiliates or any third party. For use of any third party's intellectual property, You may need to get permission directly from the owner of the intellectual property. Any intellectual property which is not specifically mentioned to be owned by Us is owned by their respective owners and the owners have a right to take appropriate actions against You for any violation, infringement or passing off.

5. We shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through Our Platform, or Content hosted on Our Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We also may, in Our discretion, remove or disable links or references to any online location that contains infringing material or infringing activity. 

13. LINKS TO OTHER WEBSITES

1. Our Platform uses third party application program interfaces and may contain links to third party web sites or services that are not owned or controlled by the Company.

2. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

3. You acknowledge and agree that 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

4. We strongly advise You to read these Terms and respective privacy policies of any third party web sites or services that You visit.

5. Your correspondence or business dealings with, or participation in promotions of, sponsored Content or activity providers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such provider of sponsored Content. We will not be responsible nor liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsored Content on the Platform.

14. DISCLAIMER OF WARRANTY

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS (“COMPANY PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY; (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES; AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE COMPANY PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER CUSTOMERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORISED TO DO SO IN WRITING BY COMPANY, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANISATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORISED USER OF SUCH MARKS, NAMES OR LOGOS.

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING MOBILE APP, AND/OR; (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; AND/OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS; AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND/OR (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES; AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY; AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; AND/OR (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (XI) AND/OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COMPANY'S REASONABLE CONTROL. IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. WHILE THE COMPANY SHALL TAKE REASONABLE PRECAUTIONS AGAINST SECURITY BREACHES, THE PLATFORM OR INTERNET TRANSMISSION IS NOT COMPLETELY SECURE, AND AS SUCH, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR.

16. INDEMNITY

Except as prohibited by law, You will hold Us and Our licensors, officers, directors, employees, other licensee and agents harmless for any loss, damage, or claim, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with the Agreement, including without limitation any claim for personal injury or property damage, arising from the Agreement and any violation by You of any central, state, or local laws, statutes, rules, or regulations or Terms, even if the Company has been previously advised of the possibility of such losses or damage or claims. Except as prohibited by law, if there is liability found on the part of the Company, it will be limited to the amount paid by You for the products and/or Services on the Platform.

17. TERMINATION

1. Your access to the Platform may be terminated if:

1. You voluntarily uninstall the App from your device;
2. You knowingly or unknowingly cause direct or indirect breach, as ascertained by Us, of this Agreement as a whole or in part or any applicable laws;
3. We are required to do so by law (for example, where the access to and/or provision of the Platform to You becomes unlawful);
4. the third party, if any, with whom We offered the Platform to You has terminated their relationship with Us or ceased to offer the related services to Us or to You; or
5. the provision of the Platform to You is no longer commercially viable or feasible for Us.

2. If You wish to terminate your account, You may simply discontinue using the Service. However, your certain obligations under the Agreement shall continue to prevail even on such termination.

3. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Notwithstanding the foregoing, if You breach these Terms or privacy policy or other rules and policies, the Company reserves the right to recover any amounts due and owing by You or to take strict legal action.

18. GOVERNING LAW

1. The Platform may be controlled and operated through any country and may be subject to the laws of that country in which it is controlled and operated. If You use the Platform from any location, then, You are responsible for compliance with the local laws applicable to You.

2. This Agreement shall be governed by and shall be construed in accordance with the laws of India. Subject to Clause 18(c) and Clause 18(d), the courts of Bangalore, Karnataka shall have exclusive jurisdiction.

3. In the event of any dispute or difference between You and Us (“Dispute”), such Dispute shall first be resolved amicably through good faith negotiations between You and Us. In the event that a resolution to the Dispute is not achieved within 30 (thirty) days from the date such Dispute arises, as notified in writing by any party to the other party, then any of the parties to the Dispute, shall have the right to refer such Dispute to arbitration by issuing a written notice (“Arbitration Notice”) for final resolution in accordance with the provisions of this clause.

4. Upon the issuance of an Arbitration Notice, the Dispute shall be referred to a single arbitrator mutually appointed by the parties. If an arbitrator is not appointed within 30 (thirty) days of the Arbitration Notice, either party may refer the matter to the President of the Mumbai Centre of International Arbitration (“MCIA”) in accordance with the rules of the MCIA (“MCIA Rules”) for appointment of the arbitrator. The arbitral proceedings shall be administered by MCIA and shall be governed by the MCIA Rules, which rules are deemed to be incorporated by reference to this clause. The seat of arbitration shall be Bangalore. The arbitration shall be conducted in English.

5. The award of the arbitral tribunal in respect of a Dispute shall be final and binding on the parties and shall be enforceable in accordance with its terms and shall be substantiated in writing. You and Us shall submit to the award of the arbitral tribunal and such award shall be enforceable in any competent court of law. The arbitral tribunal shall also decide on the costs of the arbitration proceedings. Prior to, or pending arbitration, nothing in this Agreement shall preclude either You or Us from seeking an interim or injunctive relief from courts of competent jurisdiction.

19. FORCE MAJEURE

The Company is not liable for any delay in the performance or non-performance of any of its obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond Our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, or accident or non-availability/ delay in transport, any endemic, pandemic, epidemic or change in law.

20. CHANGES TO SERVICE

1. We reserve the right to withdraw or amend Our Services, and any Service or material We provide via the Platform, in Our sole discretion. We will not be liable if, for any reason. all or any part of the Service is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Platform or the Services, or the entire Platform, to users, including registered users.

2. We may amend these Terms at any time by posting the amended terms on the Platform. Your continued use of the Platform following the posting of revised Terms means that You accept and agree to the changes.

3. By continuing to access or use Our Platform and the Services, after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You may opt out of using the Platform and the Service.

21. WAIVER AND SEVERABILITY

1. No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert any right or provision under Terms shall not constitute a waiver of such right or provision.

2. If any provision of the 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 these Terms will continue in full force and effect.

22. MISCELLANEOUS

1. The Company may transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms without notifying you or obtaining your consent. You shall not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.

2. None of the provisions of these Terms shall be deemed to constitute a partnership or agency between You and the Company and You shall have no authority to bind the Company in any form or manner, whatsoever.

3. We may post notices within the Platform or send You notices on your registered e-mail address or the telephone number. You will have been deemed to received such notices within 3 (three) days of Us sending the notice. Your continued use of the Platform on expiry of such 3 (three) days shall constitute your receipt and acceptance of the notices sent to You.

23. ACKNOWLEDGEMENT

BY USING THE PLATFORM OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.

24. CONTACT US

Please send your feedback, comments, requests for technical support by email: support@pep.live

In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the name and contact details of the Grievance Officer are provided below:

Name: Nav Sarvesh

Address: 339, 5th Floor, 14th B Cross Road, Sector 6, HSR Layout, Bengaluru, KA - 560102

Email:  support@pep.live

Last updated in: April 2026