Last updated: Dec 15, 2020
This Terms of Service Agreement sets forth the Agreement between you and Unsolved.network, a platform and website run by Holanta Pvt. Ltd.
Whenever the term "Unsolved", "We" or "Us" or "Service" is used it refers to the entity mentioned above .
The creators of communities are individually known as "Host" and collectively as "Hosts".
The members of any community are individually known as "Member" and collectively as "Members"
Any information that members or hosts add about themselves or their startups / ideas will be individually known as "Profile" and collectively as "Profiles"
Any content created on Unsolved including, but not limited to, written articles, podcasts, videos, courses and more are all collectively referred to as "Content"
Any communication in the form of posts, comments, direct or group messages are collectively referred to as "Communication"
If you do not agree, please do not use the services on Unsolved.network
Unsolved provides a platform on an “As-IS” model, intended to help hosts create an entrepreneur or innovation community on a non exclusive basis. In as much as we listen to feedback, and try to incorporate feedback that impacts all customers, we cannot make changes to the software to suit just your purpose
You have either reached the “age of majority” in the country or province where you live, or your parent or legal guardian agrees to be bound by these Terms on your behalf.
You will use your real name and legitimate contact information while using Unsolved
If you are creating a community on behalf of a company, you agree that you have the requisite authority to do that on behalf of the company
Hosts can create a community page, customise the page, invite members and partner with other community hosts to create & share content, facilitate networking with virtual meetups, events & more
Members join communities created by hosts, create profiles of themselves and their startups / ideas, create content and communicate with other members
Members are responsible to ensure they have the requisite rights to create profiles for themselves and their startups, share the content that they do, and use basic decorum .
Unsolved.network enables hosts to help more startups and founders succeed, but it is impossible to predict what that other members may do with your content, startup or idea information you share (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share.
Unsolved is not liable for how hosts use the platform, the members invited, their profiles, the content shared and the communication between members / hosts
Liability always rests with the individual member or host who has created communication / content or has committed an illegal act.
Members are the owners of their own profiles, content & communication, Members will have the right to delete their startup, idea, content, communication or account without the permission of hosts
Hosts have complete control over what information is displayed in their communities, and have the right to remove members, hide content and hide communication so it is invisible to other members of the community
Unsolved does not claim any ownership to the content your create.
Unsolved owns any content, trade
Members give the hosts rights to their content information, transmit their profiles, content & communication to relevant members within the community, to partner communities and to unsolved
Unsolved will not arbitrate any issues between hosts or members. Unsolved will only share your communication or content with a third party if legally mandated to do so
Hosts can terminate and shut down a community without the permission of its members.
When a host terminates this agreement, the members of the community will no longer be able to access that community. The community, content and communication is placed in an archive and can be restored for 12 months. After which it will be deleted permanently
When a community is deleted, all the Content & Communication within that community will be deleted and will no longer be accessible to the host or members of the community.
Even after a community is deleted, hosts and members can retain their individual Profiles or startup profiles and utilise them to create or join other communities
Indemnification: You agree to release, indemnify, and defend Unsolved from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of Service, ii) Your Content, iii) your conduct or interactions with other Hosts or Members of the Service, or iv) your breach of any part of this Agreement. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
You also agreed to release, indemnify, and defend your Hosts and Members from all third-party claims and costs arising out or related to: i) your use of the Service, ii) Your Content, iii) your conduct or interactions with Hosts or Members, or iv) your breach of any part of this Agreement.
All right, title, and interest in the Service, including Unsolved buttons, badges, logos, widgets, text, images, design, software, documentation, source code, algorithms, graphics, photographs, video and audio files, other files, data, and the selection, arrangement, structure, coordination, and “look and feel” thereof (excluding Your Content, User Generated Content, third-party web services or third-party content linked to or posted within the Service) (collectively “Our Content and Materials”) are the property of Holanta Pvt. Ltd. and/or its licensors Copyright ©2020. The Unsolved.network name and logo, the Unsolved mark, the Unsolved logo are trademarks and service marks of Holanta Pvt. Ltd.. We retain all right, title, and interest in and to the Data and Our Content and Materials. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials or Data without our express written permission.
Subject to these terms, including our Acceptable Use Policy, we grant you a limited, non-exclusive license to use and access Our Content and Materials and the Service. If you are a Host, subject to these terms, we also grant you a limited, non-exclusive license to use and access certain Data for the purpose of maximizing Member engagement and facilitating communications. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Please note that the Service contains access to third-party content and other interactions over which we have no control. We assume no responsibility for, nor do we endorse, screen, or approve the content, offerings, or materials made available to you within Unsolved, or the conduct of parties who participate in an Unsolved community.
The name and contact information of Members who register to join a specific Unsolved Community is made available to the Host of that community in order to facilitate communications.
A Host may use the contact information of Members solely to communicate with a Member for purposes related to the Unsolved community or the reasonably assumed interests of the Member who has joined the Unsolved . In no event may a Host: i) sell contact information of a Member to a third-party, or ii) or use or disclose it for commercial purposes unrelated to the Unsolved Community or the interest of the Member who joined that Unsolved community.
If you are a Host, it is important for you to respect and honor the trust of Members who join the Unsolved community you have created. If you are a Host, you represent and warrant that, in your communications with Members and handling of Data, you: i) will comply with all applicable laws and regulations; and ii) will honor the restrictions set forth in this agreement. If you are a Host, you also represent and warrant that all advertising, sponsorships, and promotions you introduce to your Unsolved community will comply with all applicable laws, regulations, and industry guidelines, including but not limited to the FTC December 2015 guidance regarding native advertising. If you are a Host with Members in the European Union, you represent and warrant that you have obtained user consent prior to sending emails outside of the Service, as EU law requires opt-in consent for emails. You must provide a means of opting-out of any emails.
In the event that a party misdirects a takedown request directly to the Host (within or outside of the Service), the Host will redirect the takedown request directly to firstname.lastname@example.org within two (2) business days.
If you are a Host, this Agreement includes the EU Data Processing Addendum. If you are a host, this agreement includes the CCPA Data Processing Addendum.
If you select a portion of the Service termed as a “Premium Service”, you agree to pay the applicable fee when you sign up. For a Premium Service, you will be required to select a payment plan and instrument for payment. For Premium Services, additional terms may apply, and you may be asked to agree to additional terms by separate agreement.
If you as a Host or Member terminate a Premium Service associated with an Unsolved Community, we will not refund any payment for your unused Premium Service.
If we terminate your Premium Service for violation of the terms of this Agreement or our policies, we will not refund any amount paid for unused Premium Service.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF HOLANTA PVT. LTD. ENTITIES TO YOU. THIS INCLUDES ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
WE ARE PROVIDING YOU THE SERVICE, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, UNSOLVED ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
UNSOLVED MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY MEMBER, HOST, OR THIRD PARTY, (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, INCLUDING AN INTEGRATED SERVICE PROVIDER (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY, HOST, OR MEMBER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE. UNSOLVED MAKES NO WARRANTY THAT (a) THE SERVICE OR ANY UNSOLVED COMMUNITY WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE, OR ANY UNSOLVED COMMUNITY, WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY UNSOLVED COMMUNITY, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE.
YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, UNSOLVED WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT UNSOLVED SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
WITHOUT LIMITING THE FOREGOING, UNSOLVED MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO UNSOLVED IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
The arbitration process can be a faster, simpler, less formal, and less expensive route than filing a lawsuit and going to court. In arbitration you are still entitled to a fair hearing, but your rights will be determined by a neutral arbitrator (and not a judge or jury). Arbitrator decisions are as enforceable as any court order, and are subject only to very limited review by a court. Each party is giving up the right to sue in court and to have a trial before a judge or jury.
Each party here agrees to try in good faith for 30 days to informally resolve any dispute before starting arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the dispute as well as the relief sought. If you want to send such a notice to us, send it to email@example.com.
If we want to send such a notice to you, we will send it to the email address associated with your account. If the parties do not reach an agreement to resolve the dispute within 30 days after the date the notice was sent, then the parties may start arbitration as described below.
In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, and you are a resident of India, both you and us hereto shall use our best efforts to settle the dispute, claim, question, or disagreement. To this effect, you and us shall consult and negotiate with each other in good faith and, recognizing our mutual interests, attempt to reach a just and equitable solution satisfactory to both of us. If you and us do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered in India in accordance with the provisions of any applicable Arbitration Rules in India. In the event of any controversy or claim arising out of or relating to this contract and you are not a resident of India, you and us hereto shall consult and negotiate with each other and, recognizing our mutual interests, attempt to reach a solution satisfactory to both parties. If you and us do not reach settlement within a period of 60 days, then either party may, by notice to the other party and the International Centre for Dispute Resolution, demand mediation under the International Mediation Procedures of the International Centre for Dispute Resolution. If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim arising out of or relating to this contract shall be settled by arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution.
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By agreeing to these terms, you are waiving the right to participate in a class action. Further, unless the parties mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this waiver is found to be illegal or unenforceable, then the parties agree that this entire section will be unenforceable, that any dispute will be resolved exclusively in a state or federal court located in Bengaluru, India, and that the parties both submit to the jurisdiction of such courts. If a claim proceeds in court rather than through arbitration, the parties waive any right to a jury trial.
This section does not: (i) prevent either party from litigating any dispute in small claims court; (ii) apply to disputes arising out of or related to infringement or other misuse of our intellectual property rights; or (iii) prevent either party from bringing a dispute to the attention of any federal, state, or local government agencies.
If you do not want to be bound by this binding arbitration provision and class action waiver, you must notify us within 30 days of the date that you first accept or receive these terms by sending a written notification to firstname.lastname@example.org that includes your actual name and Unsolved user name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.
We may amend this Agreement (including any policies, such as that are incorporated into this Agreement) at any time in our sole discretion. If we amend the terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion and manner of notification could include, for example, via email, posted notice on the Service, or other manner. You can view the Agreement at any time on http://www.unsolved.network. Your failure to cancel your account, or cease use of Unsolved, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of Unsolved.
You agree that Unsolved is operated in India and will be deemed to be solely based in Bengaluru and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in in the courts of Bengaluru, Karnataka, India.
Unsolved. expressly disclaims any representation or warranty that the Service complies with all applicable laws and regulations outside of India. If you use the Service outside of India, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Service.
If you access the Service through a Unsolved mobile application, you acknowledge that this Agreement is between you and Unsolved only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.
The following provisions will survive expiration or termination of this Agreement: Sections Termination, Your Content and Your Responsibilities for Your Content, Data and Our Content and Materials, Representation and Warranty of Hosts, any outstanding payment obligations pursuant to Premium Services.
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Service and constitutes the entire agreement between you and us regarding the Service, except as provided for in Section 7. If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.
In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us by you via email@example.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
This Agreement does not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
No waiver of any terms will deemed a further or continuing waiver or such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
Feel free to contact us at firstname.lastname@example.org with any questions about these terms.
We are always trying to improve your experience on the Service. We may need to add or change features and may do so without notice to you.