1. INTRODUCTION

Welcome to FairPockets Technology Private Limited, a leading provider of lead generation services in the field of Real Estate. These Terms of Service ("Terms") govern your use of our lead generation platform, including any associated websites, applications, and services provided by FairPockets Technology Private Limited. By accessing or using our platform, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please refrain from using our services.

2. ACCEPTANCE OF AGREEMENT AND AUTHORIZATION

By utilizing our Services, you indicate your agreement to this Agreement. If the Services are employed on behalf of an organization, you affirm your authority to bind that organization to this Agreement, and the terms "You" and "Your" will pertain to that organization. Individually, both You and Fair Pockets Technology Private Limited shall be denoted as a "Party," and collectively as the "Parties."

3. QUALIFICATION AND ADJUSTMENT OF SERVICES

Access to our Services is restricted to individuals with the legal capacity to enter into a contract with Fair Pockets Technology Private Limited, and usage must be following this Agreement. In our pursuit of ongoing improvement and advancement, our Services may change. We retain the right to amend the Services, remove content, or delete data without prior notice, driven by reasons such as regulatory compliance or the safeguarding of you, other clients of Fair Pockets Technology Private Limited, and the overall integrity of the Services.

4. TERMS OF USE AND ACCEPTANCE

By utilizing our Services, you consent to these Terms and confirm that you have examined our Privacy Policy at link. You assert that you are at least 18 years old, possess the legal capacity to enter into this agreement and affirm your authority to legally bind the entity or group to these Terms if you are accepting them on their behalf. If you find these Terms unacceptable, it is recommended to promptly discontinue the use of our Services.

5. ACCEPTANCE OF THE AGREEMENT

If you do not align with these Terms, it is recommended that you refrain from utilizing our Services. Any objections to specific terms related to a particular service should dissuade you from using that specific service. Agreement to these terms can be demonstrated by checking a checkbox, clicking a button to express your acceptance, or actively using the Services. Creating an account through the link and selecting the 'I agree to Terms of Service' checkbox will be regarded as acceptance of our Terms of Service.

6. MODIFICATION OF TERMS

The utilization of Services provided by Fair Pockets Technology Private Limited is subject to these Terms and our Usage Policy. From time to time, we may modify these Terms and update the "last modified" date accordingly. It is your responsibility to regularly review these Terms to stay informed about any changes. The latest version of these Terms will take precedence over all prior versions.

7. DESCRIPTION OF SERVICES

Fair Pockets Technology Private Limited operates as a lead platform where registered users have the option to purchase credits and upload their unverified data. In return, they can acquire verified data using the purchased credits ("Service" or "Services"). These Services are crafted to facilitate lead-generation activities for businesses, real estate agents, and individuals, and can be accessed through any internet-compatible browser. Users are accountable for maintaining internet access and appropriate hardware.

8. OWNERSHIP AND PRIVACY OF DATA

You do not possess proprietary rights to any content or data you generate, store, share, or upload on our platform. However, to facilitate the delivery of our Services, you authorize us to access, replicate, store, and transmit the content of your account as required for service provision.

9. RIGHTS AND RESPONSIBILITIES OF USER

9.1. Rights Granted: You are given a limited, non-exclusive, and revocable right to access and use the Service(s) for internal business requirements, subject to compliance with these Terms.

9.2. User Obligations:

9.2.1. Access: Utilization of the Service(s) is restricted to the number of users specified in our mutually agreed order form, each with distinctive login credentials.

9.2.2. Use Guidelines: You commit to refraining from commercial exploitation of the Service(s), providing unauthorized access, employing it to store or transmit unlawful data, or sharing content that is harmful or discriminatory.

9.2.3. Customer Data Transmission: You assert and warrant that you possess the legal right to transmit customer data to us without violating any proprietary or privacy rights.

10. PROHIBITED ACTIONS AND UNLAWFUL CONDUCT

You recognize and accept full responsibility for the content you transmit through our Services. You undertake not to utilize the Services for unlawful purposes, transmit illegal or defamatory material, or violate the intellectual property or other rights of a third party. We retain the right to terminate your access to our Services if there are reasonable grounds to believe that you have participated in unauthorized activities.

11. THIRD-PARTY APPLICATIONS INTEGRATED AND WHITE-LABELED

Fair Pockets Technology Private Limited Services integrates various third-party applications, including white-labeled products designed to enhance our functionality (collectively referred to as "Third-Party Applications"). Engagement with these Third-Party Applications may require acceptance of additional terms and privacy policies specific to those applications ("Third-Party Terms"). It is your responsibility to review and understand the Third-Party Terms before interacting with or using any Third-Party Application. You agree and acknowledge that Fair Pockets Technology Private Limited bears no responsibility for any Third-Party Applications.

While we aim to provide prior notification whenever feasible, you acknowledge and agree that Fair Pockets Technology Private Limited reserves the right, at any time and at our sole discretion and without prior notice to you, to interrupt, restrict, or disable access to or remove any Third-Party Application from Fair Pockets Technology Private Limited Services. Such actions will not result in any liability on our part, including, but not limited to, any claims of lost profits, revenue, data, goodwill, or other intangible losses.

12. INTELLECTUAL PROPERTY RIGHTS

This Agreement does not confer or transfer any rights, title, or interests associated with the intellectual property of either Party, encompassing software, inventions, proprietary methods, product designs, or any other form of intellectual property with inherent value. Unless explicitly stated in a distinct, signed agreement, each Party will retain ownership of their respective intellectual property rights. The execution of this Agreement does not signify an intention to share or transfer any such rights.

13. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed and construed following the laws of the Union of India. Any disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts in the city of Delhi.

14. DISPUTE RESOLUTION

In the event of a dispute arising out of or in connection with this Agreement, the Parties will make good-faith efforts to resolve it amicably. If an amicable resolution cannot be achieved, the parties may then resort to the legal system of India. Legal proceedings will be conducted in the courts of Delhi. The continuity of the Service(s) and ongoing engagement during the dispute resolution process will be deemed to be in the best interest of both Parties and will remain unaffected.

15. SUBSCRIPTION/ACTIVATION AND PAYMENT TERMS

15.1 Subscription/Activation Costs: All charges associated with your account will correspond to the plan - Starter, _________ - that you directly select within the Fair Pockets Technology Private Limited application; no separate order form is necessary. Following the creation of your account, you can opt for your preferred plan, specify the required number of credits, and establish your billing cycle - whether it be monthly, quarterly, or annually. The application automatically updates the cost, taking into account any applicable discounts. Subscription fees are payable in full and in advance, as outlined in clause 15.2. Your provided payment details will be automatically charged at the commencement of each billing cycle on a designated date.

15.2 Payment Processing: By furnishing your credit card/account details for transactional purposes ("payment mode"), you affirm and guarantee that you possess the requisite authorization to utilize the specified payment mode. Furthermore, you provide consent for us or our payment processing partner to debit your payment mode for the total amount of your subscription fees. Payments will be automatically withdrawn from your card/account on a specific date determined by the selected billing cycle (monthly, quarterly, or yearly). An invoice will be generated at the commencement of each billing period, with payments due immediately upon receipt. If necessary, an alternative payment method can be agreed upon within the app, clearly outlining the payment terms. In the event of any inconsistencies between the provisions in the app and these terms, the stipulations in the app shall take precedence.

15.3 Refund Policy: Unless expressly stated otherwise in these terms or within the app, all subscription/activation fees (equivalent to 50% of the total plan amount) are non-refundable. Refunds will not be issued for incomplete usage or non-usage of our services. The criteria for eligibility for a refund are outlined in the Refund and Cancellation policy, and users are encouraged to review it before availing of our services.

15.4 Delayed or Missed Payments: If your subscription charges are not received by the designated due date, we will notify you. You are granted a grace period of up to seven (7) days from the date of our notice to fulfill the payment. If payment is not received within this specified timeframe, we reserve the right to suspend your service usage and/or terminate your account until the outstanding subscription charges are resolved.

15.5 Applicable Taxes: If there are any additional charges, such as GST, VAT, sales tax, or similar, mandated by local, state, provincial, or international laws in connection with your subscription to our Services ("Taxes"), Fair Pockets Technology Private Limited will invoice these charges to you. You agree to bear these Taxes in addition to the subscription fees. Fair Pockets Technology Private Limited will furnish an invoice, as mandated by the relevant local, state, provincial, or foreign laws, to facilitate your ability to claim applicable tax credits for the Taxes paid.

16. ACCOUNT PASSWORD AND SECURITY

You are accountable for preserving the confidentiality of your password and account, assuming full responsibility for all activities conducted under your password or account. You commit to (a) promptly alert Fair Pockets Technology Private Limited of any unauthorized use of your password or account or any other security breach, and (b) guarantee that you log out of your account after each session. Fair Pockets Technology Private Limited cannot and will not be held liable for any loss or damage arising from your failure to adhere to this section.

17. INDEMNIFICATION

17.1 Indemnification by Fair Pockets Technology Private Limited: Subject to your compliance with these Terms, Fair Pockets Technology Private Limited will indemnify and hold you harmless from any claim brought against you by a third party alleging that the Services you have subscribed to infringe or misappropriate the valid patent, copyright, or trademark of such third party (referred to as an "IP Claim"). Fair Pockets Technology Private Limited shall, at our expense, defend such IP Claim and pay damages finally awarded against you in connection with it, including the reasonable fees and expenses of attorneys, provided that (a) you promptly notify Fair Pockets Technology Private Limited of the threat or notice of such IP Claim; (b) Fair Pockets Technology Private Limited has the sole and exclusive control and authority to choose defense attorneys, defend and/or settle any such IP Claim; and (c) you fully cooperate with Fair Pockets Technology Private Limited in connection with it. Fair Pockets Technology Private Limited will have no liability or obligation concerning any IP Claim if such claim is caused in whole or in part by (i) compliance with designs, data, instructions, or specifications provided by you; (ii) modification of the Service(s) by anyone other than Fair Pockets Technology Private Limited; or (iii) the combination, operation, or use of the Service(s) with other hardware or software where the Service(s) would not by themselves be infringing.

17.2 Indemnification by You: You shall indemnify and defend Fair Pockets Technology Private Limited, along with our respective employees, officers, directors, and agents, against any claim initiated by a third party against us. This indemnification pertains to matters associated with your use of the Service(s) in violation of these Terms or responsibilities expressly agreed upon by you following these Terms. This indemnification is contingent upon us promptly notifying you of the threat or notice of such a claim.

18. PRIVACY POLICY

Our Privacy Policy, subject to periodic updates, is an integral part of this Agreement. By using Fair Pockets Technology Private Limited, you signify your consent to the collection, use, and disclosure of personally identifiable information as outlined in our Privacy Policy. You can review our Privacy Policy at any time at _________. Continued use of our service confirms your acceptance of our current Privacy Policy.

19. MUTUAL CONFIDENTIALITY

(a) Each party (referred to in such capacity as the "Disclosing Party") may, from time to time, disclose certain proprietary or confidential documents, information, materials, or records that are not publicly available, regarding itself and its subsidiaries and affiliated entities (each being a "Discloser"). These disclosures pertain to various aspects, including but not limited to, their respective agreements, assets, business, concepts, conditions, controversies, copyrights, costs, customers, data, designs, discoveries, events, expenses, finances, ideas, improvements, income, instructions, intellectual property, inventions, know-how, layouts, liabilities, management, merchandisers, methods, operations, patents, payroll, personnel, plans, practices, prices and pricing, products, programs, proposals, prospects, relationships, services, software, source code, strategies, suppliers, systems, taxes, techniques, technology, templates, trademarks, trade names, trade secrets, or other proprietary or confidential property, rights, or information (referred to as the "Confidential Material"), to the other party (referred to as the "Receiving Party") and its Representatives (as defined below). 

(b) The Receiving Party, its subsidiaries, affiliates, and their respective representatives (each referred to as a "Receiver") shall: (i) maintain the Discloser's Confidential Material in the strictest confidence and utilize it solely in connection with this Agreement; (ii) refrain from disclosing, publishing, revealing, imparting, delivering, exploiting, or using any such Confidential Material in any manner; and (iii) implement reasonable precautions to ensure that all Confidential Materials are appropriately protected and safeguarded from unauthorized access. However, a Receiver may disclose Confidential Material: (A) in connection with any proceeding under or relating to this Agreement, (B) to the extent required by any judicial process, government order or requirement, or applicable securities, tax, or other laws, with the potential discloser promptly notifying the Disclosing Party, (C) to other related Receivers who have a reasonable need for such information, (D) to their accountants, attorneys, financiers, and other advisers, to the extent they have a reasonable need for such information and are bound by similar confidentiality obligations, and (E) under this Agreement or any other agreement among the Parties. In any event, a Receiving Party shall be accountable for any breach of this Agreement by any of its Receivers.

(c) Confidential Material" may exist in written, electronic, or other forms and encompasses (without limitation) any analogous documents, information, materials, or records concerning any Third Party (as defined below), where a Discloser is obligated by a similar confidentiality commitment to such Third Party. "Confidential Material" excludes anything that: (i) is already in the public domain or becomes publicly available through no violation of this Agreement; (ii) was already in the possession of any Receiver before receipt from a Discloser (as evidenced by its records); (iii) was obtained from a Third Party unless the Receiver was aware at the time that such Third Party was prohibited from making such disclosure; or (iv) is subsequently independently developed by a Receiver (as evidenced by its records). 

20. DISCLAIMER

The Services, content, and information from or through Fair Pockets Technology Private Limited are provided "as is," "as available," with "all faults," and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a specific use). Fair Pockets Technology Private Limited and its associated parties assume no liability whatsoever for your use of any service or information. Specifically, but not as a limitation thereof, Fair Pockets Technology Private Limited and its affiliated parties are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages stated above are crucial elements of the agreement between us and you. Without such limitations, Fair Pockets Technology Private Limited and the services, information, and documents provided would not be possible. No advice or information, whether oral or written, acquired by you from us through the site or otherwise, will create any warranty, representation, or guarantee not expressly outlined in this agreement.

21. NON-TRANSFERABLE

Your right to access and use the Site is not transferable or assignable. Any password or right provided to you to obtain information or documents is also not transferable or assignable.

22. USE OF INFORMATION

You recognize that you bear responsibility for any material you submit, and the full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright, rests with you, not us.

23. LEGAL COMPLIANCE

You agree to adhere to all relevant domestic and international laws, statutes, ordinances, and regulations governing your use of the Site and the Content and Materials provided therein.

24. UNLAWFUL ACTIVITY

We retain the right to investigate complaints or reported violations of this Agreement and to take any action we consider appropriate. This may include, but is not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. We may also disclose any information deemed necessary or appropriate to such individuals or entities, including details related to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

25. LINKS TO OTHER WEBSITES

The Site may include links to other websites. We do not assume responsibility for the content, accuracy, or opinions expressed on such websites, and they are not subject to investigation, monitoring, or verification for accuracy or completeness by us. The presence of any linked website on our Site does not indicate our approval or endorsement of the linked website. If you choose to exit our Site and visit these third-party sites, you do so at your own risk.

26. LIMITATION OF LIABILITY

We, along with any affiliated party, shall not be held liable for any loss, injury, claim, liability, or damage of any kind arising from (i) any inaccuracies or omissions in the services or information accessed, (ii) the unavailability or disruption of the services or any of its features, (iii) your utilization of the services, (iv) the content available on the services, or (v) any delay or failure in performance beyond the control of an affiliated party.

27. SUBSCRIPTION TERMINATION AND CONTRACT CLOSURE

27.1 Termination by You: You have the authority to cancel your account and subscription to the Services at any time before the renewal date, even if it is just a day before renewal. This cancellation can be executed within the Fair Pockets Technology Private Limited application/website, where you initially selected your plan. However, following the upfront payment structure specified in clauses 15.1 and 15.2, you remain responsible for all subscription/activation fees until the conclusion of the current billing cycle. This implies that terminating the agreement will not exempt you from the financial obligation for the ongoing billing cycle. Following a successful termination, your designated payment method will no longer incur automatic charges for future billing cycles.

27.2 Termination by Us: We have the right to terminate your account or the Services if you breach these terms. In such cases, we will inform you of the violation. If we do not receive the required payment for the subscription charges within seven (7) days after the renewal date, we retain the right to either terminate or suspend your account and access to our Services. Furthermore, we reserve the right to terminate your account at any time for business reasons, including the discontinuation of the Services, and will provide written notice in such instances.

28. SEVERABILITY

If any provision of these Terms of Use for Fair Pockets Technology Private Limited is deemed illegal, void, or unenforceable by a court of competent jurisdiction, the unenforceable provision will be modified to make it enforceable and effective to the maximum extent possible to fulfill the intention of the provision. If a court determines the modified provision to be invalid, illegal, void, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Terms will remain unaffected.

29. LEGAL QUERIES AND CONTACT INFORMATION

If you have any inquiries about these Terms of Use or legal concerns related to Fair Pockets Technology Private Limited services, feel free to contact us. Our dedicated support team can be reached via email at support@myverifiedleads.com. We strive to promptly respond to all inquiries and expedite the resolution of any legal matters.