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Terms of Service

Last Updated: 2025-01-30

These Terms of Service (“Terms”) govern the use of MarkSimpl (“Service”), which is owned and operated by BINBASH TECHNOLOIES (OPC) PRIVATE LIMITED (“Company,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Service.

1. Scope and Acceptance

1.1 Legal Agreement
These Terms form a legally binding agreement between you (the “User”) and the Company. You represent that you have the legal capacity to enter into these Terms under the laws of India.

1.2 Updates
We may update or revise these Terms from time to time. If we make significant changes, we will notify you by email (if available) or by posting a notice on our website. Your continued use of the Service after any such updates means you accept the revised Terms.

2. Eligibility

2.1 Age Requirement
You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

2.2 Compliance with Laws
You agree to use the Service in compliance with all applicable laws, regulations, and guidelines in India and in your country of residence.

3. Company Details

  • Company Name: BINBASH TECHNOLOIES (OPC) PRIVATE LIMITED
  • Product Name: MarkSimpl
  • CIN: U72900KA2022OPC166740
  • Registered Address: Koramangala, Bangalore, KA, 560095
  • Contact Email: support@marksimpl.com

4. Account Registration

4.1 Account Creation
To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during registration.

4.2 Account Responsibilities
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

5. Use of the Service

5.1 License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes.

5.2 Restrictions
You agree not to:

  • Modify, reverse engineer, or create derivative works based on the Service.
  • Use the Service for any unlawful purpose or to transmit any viruses or other harmful code.
  • Resell, rent, lease, or otherwise commercialize any portion of the Service without our prior written consent.

5.3 Attorney Code and Trademark Tracking
Where applicable, you may provide an Attorney Code to track your trademarks from Journals. You are solely responsible for the accuracy and legality of the information provided.

6. Fees and Payments

6.1 Subscription Fees
Certain features of the Service may require payment of subscription or usage fees. The applicable fees will be communicated to you at the time of purchase or upgrade.

6.2 Payment Processing
We use Zoho Books or other third-party payment processors to handle billing and invoicing. By making payments through these processors, you agree to comply with their terms and conditions.

6.3 Pricing Changes
We reserve the right to modify our pricing at any time, with a prior notice of 3 months. Such notice may be provided via email or posted on our website.

6.4 Refunds
Any refund requests will be handled according to our refund policy (if applicable). Please contact us at support@marksimpl.com for more information.

7. Intellectual Property

7.1 Ownership
All content, features, and functionalities of the Service (including but not limited to text, graphics, logos, and software) are the exclusive property of the Company or its licensors and are protected by intellectual property laws in India and worldwide.

7.2 Trademarks
“MarkSimpl” and any related logos or service names are trademarks of the Company. You may not use these trademarks without our prior written permission.

8. User Content

8.1 Responsibility for User Content
You may be able to submit or upload content to the Service. You are solely responsible for any content you submit and must ensure it does not violate any laws or infringe any third-party rights.

8.2 License to Company
By submitting content, you grant the Company a non-exclusive, worldwide, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with the Service.

9. Disclaimers and Additional Terms for Trademark Services

9.1 Not a Law Firm; No Legal Advice

  • We are not a law firm and do not provide legal advice.
  • No attorney-client relationship is established by using our platform.
  • All information and assistance provided by our Service is for informational purposes only. For legal advice or representation, please consult a qualified attorney.

9.2 No Guarantee of Registration or Outcome

  • We offer tools to search and monitor trademarks but do not guarantee that a trademark will be approved, registered, or enforceable.
  • We are not affiliated with or endorsed by the IPIndia Registry or any other government agency.

9.3 AI Assistant

  • Certain features of our Service may utilize AI-based analysis. While we strive for accuracy, AI-generated content may contain errors.
  • We are not responsible for any inaccuracies, errors, or omissions by the AI Assistant.

9.4 Service Availability

  • We strive to keep the Service available continuously; however, we do not guarantee uninterrupted or error-free operation.
  • We are not liable for any downtime or technical issues, including maintenance or unforeseen outages.

9.5 User’s Own Compliance and Deadlines

  • You are solely responsible for meeting any legal or procedural requirements, including trademark filing deadlines, renewals, and fees.
  • Any reminders or notifications we provide are for convenience only and should not be relied on as a substitute for your own diligence.

9.6 Trademark Conflicts

  • Our watch services may notify you of potentially conflicting marks, but we do not undertake any enforcement or opposition actions on your behalf.
  • You are responsible for evaluating and deciding whether to take any legal or administrative steps to protect your trademark rights.

9.7 No Warranties

  • To the maximum extent permitted by law, the Service is provided "as is" and "as available" without any warranties, express or implied.
  • We do not guarantee the accuracy, completeness, reliability, or timeliness of the Service or any content provided therein.

9.8 Third-Party Services

  • We may integrate with or provide links to third-party platforms (such as Zoho Books and Google Analytics). We do not endorse or assume responsibility for these third parties’ actions or services.

9.9 User Responsibility

  • You are solely responsible for how you use our Service and the data provided through it.
  • We provide publicly available trademark data for informational purposes only and do not guarantee its legal applicability for any specific use case.
  • We are not liable for any legal consequences arising from your use of the data, including but not limited to trademark filings, disputes, or compliance matters.

10. Limitation of Liability

To the fullest extent permitted by applicable law, under no circumstances shall the Company or its directors, employees, or agents be liable for any indirect, incidental, special, or consequential damages arising out of or related to these Terms or the use of the Service. In no event shall the Company’s total liability exceed the amount you paid to the Company for the specific service or feature giving rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates from any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to:

  1. Your use or misuse of the Service.
  2. Your breach of these Terms or any applicable law.
  3. Your infringement of any third-party rights, including intellectual property rights.

12. Termination

12.1 Right to Terminate
We may suspend or terminate your access to the Service at any time, without any reason, and with or without notice. We may also terminate your subscription for violation of these Terms or any applicable law.

12.2 Effect of Termination
Upon termination, your right to use the Service will immediately cease. Sections relating to intellectual property, disclaimers, limitation of liability, and indemnification shall survive any termination of these Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts in Bangalore, Karnataka.

14. Contact Us

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

15. Miscellaneous

15.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional guidelines or rules posted on the Service, constitute the entire agreement between you and the Company.

15.2 Severability
If any provision of these Terms is deemed invalid or unenforceable, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.

15.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.