Terms of Services

These General Terms and Conditions (these “Terms”) set out the rules applicable to your use of the AppWall Technologies Private Limited Services, including, but not limited to, (1) membership in an AppWall Technologies Private Limited panel or subpanel (individually a “Panel” and collectively the “Panels”), (2) use and/or access to any Panel website (individually a “Panel”). “Website” and collectively the “Websites”) (3) participation in an open survey or study, provided, hosted, or managed by or through AppWall Technologies Private Limited, and (4) your eligibility and/or the exchange of rewards, incentives, and prizes offered for certain actions and activities, including, but not limited to, successfully completing surveys (collectively the “Services”).

In these conditions, the term “we” refers to AppWall Technologies Private Limited.

By accessing, using, and/or participating in the Services, you expressly agree to comply with and be bound by these Terms.

AppWall Technologies Private Limited reserves the right to refuse, limit, prohibit or reject your access, use and/or participation in the Services, at any time and for any reason.

Panel membership is generally open to individuals who meet the membership criteria, including, but not limited to, minimum age and geographic location requirements. Panel membership criteria may be different for each Panel. We only allow one email address for each member. AppWall Technologies Private Limited may refuse to provide the Services to a member, at any time, for any reason or even for no reason.

The Services are for personal, non-commercial use. You may use the Services only if they are available. AppWall Technologies Private Limited reserves the right to change, modify or eliminate, and/or limit or block access to all or any part of the Services, without notice, at any time, for any reason or no reason.

You may access any website as a visitor without being a member of the Panel associated with the website (s) and without providing or disclosing your personal information.

To register as a member of the Panel, you must register on or for the Panel and provide certain personal data. Panel members and non-members must provide all required information in good faith. AppWall Technologies Private Limited reserves the right to limit or prohibit the use, access and/or participation in the Services, if you provide, or if AppWall Technologies Private Limited can reasonably suspect that you have provided false, inaccurate, not up to date or incomplete.

AppWall Technologies Private Limited may either: (i) provide the Panel member with a username and password; or (ii) allow the Panel member to create their user names and passwords. Panel members are solely responsible for the security of their usernames and passwords and will be solely responsible for the authorized or fraudulent use of their member accounts. AppWall Technologies Private Limited strongly advises against the use of a social security number or a financial account number or any other identification or account number as a username or password.

Membership in a Panel is specific to the individual who has subscribed to the Panel.

You understand that you are accessing, using and/or participating in the Services as an independent contractor, and that this Agreement is not intended to and does not create an agency, partnership, joint venture, employer-employee, or franchisor-franchisees.

You agree not to: (i) use web search engines, robots, or other data mining techniques that may catalog, download, store, or otherwise reproduce or distribute data or content available when connecting to the Services, or manipulate the results of a survey, sweepstakes, or contest; (ii) take actions that aim to compromise the operation of websites or the use of a site by a third party; Web, including but not limited to, by saturation,” flood”, “email bombing” or “crash” of a website; (iii) send or transmit viruses, corrupted data, or any other malicious, disruptive, or destructive code, files, or other information, including, but not limited to, spyware; (iv) collect personally identifiable information from a user of the Services; (v) send unsolicited email, including, but not limited to, promoting and/or advertising products or services; (vi) open, use, or maintain multiple subscription accounts associated with a Panel; (vii) form or hide its true identity; (viii) insert one or more parts of a Website into another Website; (viii) frame any portion of a Website with another Website or alter the appearance of any Website or frame any portion of a Website with another website or alter the appearance of any Website; (ix) establish links with other websites to any page of the Site, or to any Website, without the prior, express and written authorization of AppWall Technologies Private Limited, and under no circumstances, establish a link to any page other than the home page of the Website; (x) post or transmit any threatening, libelous, defamatory, obscene, scandalous, or provocative material or content or any material or content likely in any way to violate Applicable Laws (as defined herein); (xi) post or transmit any threatening, libelous, defamatory, obscene, scandalous, or provocative material or content, or any material or content that is in any way likely to violate Applicable Laws (as defined herein); (xii) reverse engineer any Website or act or undertake any procedure that could reveal or disclose the source code, or misuse or circumvent measurement tools or controls intended to prohibit, restrict, or limit access to any Internet page, content, or code, except as expressly authorized by Applicable Laws; (xiii) engage in any criminal act; or (xiv) use Content that is reserved (as set forth herein) in violation of these terms; or (xi) encourage and/or advise any individual, including, but not limited to, any AppWall Technologies Private Limited employee, to/from committing any act prohibited hereunder.

You understand and agree that AppWall Technologies Private Limited will fully cooperate with any legal request for disclosure (e.g., court order or subpoena).

In the context of using, accessing and/or participating in the Services, you may have the opportunity to consult or access confidential and exclusive information, documents, products and content (“Restricted Access Content”) belonging to AppWall Technologies Private Limited and/or AppWall Technologies Private Limited customers, partners and/or licensors. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. Under no circumstances may you obtain or receive any right, title, and/or interest in or to limited-access Content. You agree to protect the confidentiality and secrecy of the limited-access Content and agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, decompile, or use, modify or transfer the limited-access Content without the express, prior written consent of AppWall Technologies Private Limited. You understand and agree that limited-access Content may be subject to and protected by intellectual property laws, regulations, and codes. You also understand and agree that in the event of non-compliance with or violation of the restrictions, limitations and prohibitions stipulated in this Section, in addition to the other rights and remedies available to it, AppWall Technologies Private Limited reserves the right to suspend, prohibit or restrict your use, access and/or participation in the Services.

You are solely responsible for all content, materials, information, and comments that you use, upload, post, or submit in connection with your use of the Services (“User Content”). You are solely responsible for any approvals, consents, and/or permissions required for User Content. By submitting User Content, User Content may become publicly available and may be shared with third parties, including, but not limited to, AppWall Technologies Private Limited customers, AppWall Technologies Private Limited customers, and third party service providers. User Content must include only audio or video material, images, or the likeness of the person submitting the User Content, and must not include content or materials that are protected by copyrights or trademarks registered by a third party. User Content must not include audio, video, or the likeness of anyone other than the user. You will not receive compensation for any User Content.

By using, uploading, posting, or submitting User Content in connection with the Services, you hereby grant to AppWall Technologies Private Limited the perpetual, irrevocable, unlimited, sublicensable right and license to do so subject to a sublicense grant, free of any payment of royalties, throughout the world, the right to edit, copy, transmit, publish, display, create derivative works, reproduce, modify, distribute, and otherwise use your User Content.

You are solely responsible for User Content, AppWall Technologies Private Limited does not and cannot verify all User Content and is in no way responsible for them. AppWall Technologies Private Limited reserves the right, at its sole discretion, to delete, move, or modify User Content in the following cases: (i) the Content violates these Terms; (ii) the Content violates copyright or trademark laws; or (iii) if the Content is abusive, defamatory, obscene, or unacceptable.

As part of your use of the Services, you may receive money for your participation. You must accumulate the sum of $20.00 to be eligible to withdraw your earnings. Prizes less than $20.00 cannot be claimed under any circumstances. In the event that AppWall Technologies Private Limited ceases its activity, funds under $20.00 cannot be claimed under any circumstances.

As part of your use of the Services, you may receive rewards and incentives and/or participations in sweepstakes or sweepstakes. Information, official rules, and procedures applicable to rewards, incentives, sweepstakes, or sweepstakes may be available on a Panel's Website, at the start or end of a survey, in invitations to participate in a survey, on the Website (s) reserved for claims, rewards, incentives, and prizes, and/or may be described in a newsletter or other communication medium distributed or published by AppWall.. Rewards, incentives, and prizes are not transferable.

Panel members agree to notify AppWall Technologies Private Limited without delay of any change relating to the information contained in their member profile. Panel members agree to review and update, as often as necessary, their member profile at least once every six (6) months. A Panel member may update, correct, and/or delete the information contained in their member profile by: (i) accessing their Panel member account; or (ii) by sending an email to the Panel member services team relevant to the relevant Panel.

Panel members may withdraw their membership in the use of the Services (including, but not limited to, receiving newsletters or communications) at any time by: (i) following the unsubscribe procedures described on the relevant Website (s) or contained in any email received from AppWall Technologies Private Limited; or (ii) by sending an email to the Panel member services team. AppWall Technologies Private Limited must make a reasonable effort to read and respond to any request sent by email within a reasonable time. Upon termination, the Panel member's contact details will be removed from any future communication lists or contact lists. Please allow a period of a few days for the complete removal of contact information from AppWall Technologies Private Limited's communication or contact lists for the Panel concerned; during this period of time, the Panel member may receive communications created or compiled prior to termination. Please refer to the privacy policy to find out how AppWall Technologies Private Limited processes information and data after a request for unsubscription, termination or a withdrawal request (“Privacy Policy”).

As part of the use of the Services, you may be able to voluntarily link or connect to websites maintained and/or operated by third parties (“Third-Party Website”). AppWall Technologies Private Limited does not endorse any Third-Party Website, or any product, service, and/or opportunity advertised, offered and/or sold through, or in connection with, any Third-Party Website (“Third-Party Information”). AppWall Technologies Private Limited does not represent or guarantee any Third-Party Website and/or Third-Party Information. Please carefully review all policies and terms applicable to Third-Party Websites and Third-Party Information.

All communications (excluding personal information) and User Content submitted or transmitted by you to AppWall Technologies Private Limited, by email or otherwise, will be treated as non-confidential and non-exclusive information, unless otherwise indicated by you, prior to or at the same time as the submission or transmission of such communication or User Content. You agree that all communication and User Content will be used by AppWall Technologies Private Limited for any legal reason.

AppWall Technologies Private Limited takes your privacy very seriously. For any information relating to the privacy practices of AppWall Technologies Private Limited, please consult the AppWall Technologies Private Limited Privacy Policy.

SERVICES, INCLUDING ALL INFORMATION, SURVEYS, CONTENT, MATERIAL, FEEDBACK, AND SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITES “AS IS.” AppWall Technologies Private Limited DOES NOT REPRESENT OR GUARANTEE THE INFORMATION, CONTENT, MATERIALS, COMMENTS, OR SERVICES MADE AVAILABLE ON OR THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, USER CONTENT. FURTHERMORE, AppWall Technologies Private Limited HEREBY DISCLAIMS ANY EXPRESS OR TACIT LIABILITY FOR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR SPECIFIC PURPOSES. AppWall Technologies Private Limited DOES NOT GUARANTEE THAT THE TOOLS, TECHNOLOGIES OR FUNCTIONS CONTAINED IN THE SERVICES OR THAT ANY CONTENT, MATERIAL, COMMENTS, INFORMATION AND/OR SERVICES CONTAINED HEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR SERVER (S) THAT SUPPORT THE SERVICES AND THAT MAKE THE SERVICES AVAILABLE WILL BE CORRECTED, OR THAT THE SERVICES AND/OR SYSTEMS AND/OR THE SERVER (S) THAT PROVIDE THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. AppWall Technologies Private Limited DOES NOT PROVIDE ACCESS TO OR CONNECTION TO THE INTERNET AND IS NOT RESPONSIBLE AND SHOULD NOT BE HELD RESPONSIBLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES THAT MAY INTERFERE WITH, LIMIT, RESTRICT, OR PREVENT ACCESS TO OR CONNECTION TO, OR USE, OF THE SERVICES.

AppWall Technologies Private Limited hereby reserves the right, at its sole discretion, to make changes to these Conditions. AppWall Technologies Private Limited recommends that you review these Conditions regularly. AppWall Technologies Private Limited will obtain your consent before making changes that require your agreement. For any changes that do not require your agreement, your continued use of, access to, and/or participation in the Services will mean your acceptance of the updated Terms.

You agree to indemnify, defend, and hold AppWall Technologies Private Limited, its parent company, subsidiaries, and their respective members, officers, shareholders, directors, officers, employees and agents harmless from and against any claims, liabilities, loss, judgment, damages, fines, penalties, and costs and/or expenses of any type, including, but not limited to, reasonable attorneys' fees and legal expenses arising or resulting, directly or indirectly, of the following actions: (i) your non-compliance with or violation of these Terms; and/or (ii) your use of, participation in, and/or access to the Services.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT AppWall Technologies Private Limited WILL IN NO WAY BE LIABLE OR LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR DETERRENT DAMAGES, FOR ANY REASON OR CAUSE WHATSOEVER, WHETHER OR NOT IF AppWall HAS OR IS NOT AWARE OF THE CLAIM OF AppWallBILITY OF SUCH DAMAGE.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION, SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR SUCH CAUSE OF ACTION HAS AROSE.

You understand and agree that you will comply with all applicable international, state, federal, public, and/or local laws, codes, regulations, and/or requirements (“Applicable Laws”) with respect to your use of, participation in, and/or access to the Services.

Either party may terminate your membership in a Panel at any time, for any cause or reason, without liability.

Any use of a VOIP telephone number or similar to a “disposable” number will result in the exclusion of the member.

In addition to any remedies available, AppWall Technologies Private Limited may suspend and/or terminate, without notice, your use of, or access to, the Services in the event that you violate or violate these Terms. The termination by AppWall Technologies Private Limited of your membership due to a breach or violation of these Terms will have the following consequences: (i) you will immediately lose all rights, titles and interests related to unclaimed rewards, bonuses and/or prizes; (ii) your membership will be immediately cancelled; (iii) your access to, participation in, and use of the Services will be immediately blocked; and (iv) you will not be allowed to participate to surveys offered through the Services. In the event of a breach or violation of these Terms by a non-member, the non-member of the Panel hereby agrees that: (a) all unclaimed rights, titles, and/or awards, incentives, and/or prizes (if any), will be forfeited upon termination; and (b) access, use, and participation in the Services immediately ceases.

In addition, AppWall Technologies Private Limited reserves the right to deactivate your Panel membership account: (a) if your membership account does not remain active (as defined hereunder); (b) AppWall Technologies Private Limited receives an automatic email or an impossible delivery message after sending an email to your email address; or (c) AppWall Technologies Private Limited receives a “mailbox full” message three (3) times later have sent an email to your email address For purposes of these Terms, “Active” means that you: (i) participate in a survey at least once every six (6) months; or (ii) update your contact information at least once every six (6) months.

In the event of deactivation, termination by you or by AppWall Technologies Private Limited (for a reason other than a violation of these Terms), AppWall Technologies Private Limited will keep unclaimed rewards, incentives and/or prizes active and available to allow you to claim them for thirty (30) days from the day of deactivation or termination.

• Restriction. AppWall Technologies Private Limited employees and their immediate family member (s) (as defined herein) are not eligible to receive payments, prizes, or incentives to use, participate in, or access the Services. For purposes of Article 20, the term “immediate family member (s)” includes parents, spouses, children, or any significant other person (i.e. girlfriends/boyfriends, domestic partners, and companions).

• Procedures. AppWall Technologies Private Limited employees may use, access or participate in the Services after receiving written authorization from their respective manager, and only for the purpose of improving AppWall Technologies Private Limited's products and/or services. AppWall Technologies Private Limited employees must act frankly and report accurate information regarding the use of, access to, or participation in the Services. If altered, false or inaccurate information or data is to be used, the CEO of AppWall Technologies Private Limited must provide prior consent and approval.

• Inadequate behavior. Unless authorized in writing by the managing director of AppWall Technologies Private Limited, the violation of the conditions of Article 20 by an AppWall Technologies Private Limited employee and/or a close relative constitutes a violation of the AppWall Technologies Private Limited code of conduct, and may result in disciplinary sanctions against that employee, including, but not limited to, dismissal.

• Notice from you to AppWall Technologies Private Limited. Unless otherwise specified herein, or in accordance with applicable laws, all notices to be sent or provided to AppWall Technologies Private Limited must: (i) be duly worded at the applicable business address, and be considered sufficiently delivered if they are delivered: (a) by Fédéral Express, Express Mail, or other recognized national or international 24-hour mail service (in which case, the notice will take effect within one (1) business day able after shipment); or (b) by registered mail, with return receipt, postage paid (in which case, the notice will take effective within six (6) business days after postal filing); or (ii) by email, to the relevant Panel member services team concerned.

• Review by AppWall Technologies Private Limited for your attention. Except when applicable laws require otherwise, you agree that AppWall Technologies Private Limited may send you notices: (i) via the email address you provided to AppWall Technologies Private Limited (in which case, the notice will take effect within one (1) business day following the date the email was sent, provided that AppWall Technologies Private Limited does not receive an error message stipulating that the email is delayed, that the email address is invalid, or that the email could not be delivered, for whatever reason); (ii) by registered mail, with acknowledgement of receipt, postage paid, to the postal address you provided to AppWall Technologies Private Limited (in which case, the notice will be effective within six (6) working days after postal filing); or (iii) by posting a notice on the Website (s) concerned. You agree to frequently check the relevant Website (s) for notices and to keep your personal information up to date.

Legal opinions. In accordance with Article 21.A. hereof, any questions relating to these General Terms and Conditions and any legal advice should be sent to:

AppWall Technologies Private Limited

Attn: Legal Department

Address: 438, Kusum Bhawan, Bangla Tola, Manbella, Fertilizer Factory Gorakhpur Gorakhpur Uttar Pradesh India 273007

or by email to the following address: [email protected]

If any term or provision of these Terms and Conditions should be held or declared invalid or unenforceable for any reason and by any court of competent jurisdiction, that provision will be deemed null and void and will not in any way affect the application and/or interpretation of these Terms. The other provisions of these Terms and Conditions will continue to be in full force and effect, as if the invalid or unenforceable provision were not part of them.

The CGUs are placed under the regime of Indian law.

Any dispute relating to the interpretation or execution of the T&Cs will be submitted to the competent court in India, which has territorial jurisdiction.

The headings contained in these Terms are for convenience of reference only and have no effect on the interpretation and/or application hereof. If AppWall Technologies Private Limited fails to enforce these Conditions, you will not be exempted, released or prevented from remedying such non-compliance and AppWall Technologies Private Limited will not be exempted, released or prevented from remedying such failure. any subsequent non-compliance you may have committed with these Terms. These Terms, any terms or policies referenced or incorporated herein, and any Panel-specific terms, represent the entire understanding and agreement between AppWall Technologies Private Limited and you with respect to the subject matter hereof.