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Mavenwit Startup Program Terms

The following Mavenwit Startup Program Terms (the “MSP TERMS”) govern the use of the Mavenwit Startup Program (“MSP”). Please read the MSP TERMS carefully as they form a contract between You and Us. Unless otherwise specified, capitalized MSP TERMS not defined hereunder shall have the same meaning as provided for under Our Online Terms of Service available at “https://mavenwit.com/terms/ (the “Terms of Service”). The MSP is solely applicable to new customers and for those existing customers who would like to avail start up credits as part of this MSP; provided that such new customers are required to fall under the scope of authorized ecosystems to which the MSP shall apply.

By participating in this MSP, we provide you with program benefits as described further below. You agree to be bound by these MSP Terms. If you are entering into these MSP Terms on behalf of a company, organization or another legal entity (an “Entity”), you are agreeing to these MSP Terms for that Entity and representing to Us that You have the authority to bind such Entity and its Affiliates to these MSP Terms, in which case the terms “You’’, “Your” or related capitalized terms used herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with these MSP Terms, you must not accept these MSP Terms and may not avail, access or use the program benefits hereunder. These MSP Terms shall be read along with the Terms of Service and You further acknowledge that to the extent there is a conflict between the Terms of Service and the MSP Terms, the latter shall prevail.

The benefits you receive under the MSP shall be in the form of credits made available solely on the Service Plan, namely on the estate plan of the services you are monthly retaining to. You shall be responsible for use of the MSP credits by any third parties and/or any other party authorized by You.

2.1 Use Restrictions:

You shall not be entitled to transfer credits between service(s).

The credits are not refundable, redeemable for cash, and may not be sold, purchased, or bartered.

The credit(s) is/are void if Mavenwit in its reasonable discretion determines there is abuse or fraud (including, for example, where Company provides false information in connection with Company’s account, impersonates another customer, or creates multiple accounts for the purpose of obtaining credits), misuse, or violation of any terms applicable to Company’s use of the Incentives or Services.

If you are a paid customer on monthly retainer with existing Account(s) You acknowledge that You shall not be entitled to avail the benefits under the MSP for the same service(s) to which you are monthly retained to.

2.2 Use of Services under the MSP:

You acknowledge that in order to avail credits under the MSP You may be required to submit Your proof of acceptance to startup@mavenwit.com. Upon acknowledgement from Us of Your successful entry into the MSP, you may redeem. Your credits by writing to startup-billing@mavenwit.com.You may utilize the credits issued to you at any time after the program approval, and such credits must be consumed/exhausted within 1 (one) year form the program approval.

For any other questions or concerns you may further contact startup@mavenwit.com for MSP offerings, and our Relationship Manager will get in touch with you as early as possible. 

You acknowledge that we reserve the right to immediately raising the invoices in the event that (a) You exhaust the available credits allocated to you per the specific service offerings and/or (b) You intimate us that you wish to move to a monthly retainer for the Services. In the foregoing instances You acknowledge that billing, plan modifications and payments shall be done in accordance with the Terms of Service.

You shall convey to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the services or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from you relating to the usefulness of this MSP.

Either party may terminate these MSP Terms by providing a fifteen (15) day notice in writing to the other party. Your benefits under the MSP shall cease on termination exercised in according to this section. Notwithstanding the foregoing, such termination shall not limit or restrict Our right under Section 4 (Feedback). 

With respect to this MSP; in no event will we be liable for any damages whatsoever arising in connection with any obligations under the MSP terms, even if we have been advised of such possibility.

You will indemnify and hold us harmless against any claim brought by you or any third parties against us, and Our respective employees, officers, directors and agents arising from or related to your breach of these MSP TERMS or matters which you have expressly agreed to be responsible for pursuant to these MSP TERMS.

8.1 You shall not, directly or indirectly, assign all or any your benefits under the MSP or delegate performance of your duties under this MSP Terms without our prior written consent. We may, without your consent, assign our agreement with you under these MSP Terms to any member of the Group Companies or in connection with any merger or change of Our control or the sale of all or substantially all of Our assets provided that any such successor agrees to fulfil its obligations pursuant to these MSP Terms. Subject to the foregoing restrictions, these MSP Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.

8.2 Please read these MSP Terms of use carefully before You make use of the program benefits. We may amend these MSP Terms from time to time, in which case the new MSP Terms will supersede prior versions. Please check these MSP Terms from time to time and take notice of any changes We made, as they will be binding on you. 

If any provision in these MSP Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law or as directed by the court, and the remaining provisions of these MSP Terms shall remain in effect. Our non-exercise of any right under or provision of these MSP Terms does not constitute a waiver of that right or provision of the MSP Terms.

The parties are independent contractors. These MSP Terms do not create a partnership, franchise, joint venture, fiduciary or employment relationship among the parties. Any amendments must be in writing and executed by both parties (electronic form acceptable).

Sections 2 (Program Terms), 3 (charges), 4 (Feedback), 5 (Termination), 6 (No Liability), 7 (Indemnification), 11 (Survival), 12 (Notices; Consent to electronic communication) and 13 (Governing Law and Dispute Resolution) shall survive any termination of Our agreement with respect to use of the Service(s) by You. Termination of such agreement shall not limit Your or Our liability for obligations accrued as of or prior to such termination or for any breach of these MSP Terms. 

Company authorizes Mavenwit to contact Company (e.g. by email or by phone) for any of the following purposes: (a) regarding the Program, including information relating to Program resources, support, or this Agreement; (b) with relevant promotional materials; (c) to reasonably request information from Company about Company’s business as it relates to the Program; and/or (d) as otherwise permitted under this Agreement. Company consents to Mavenwit disclosing information on the Company’s purchase and use of Services to any of the Company

12.1 All notices to be provided by Us to You under these MSP Terms may be delivered in writing (i) by nationally recognized overnight delivery service (“Courier”) or Indian mail to the contact mailing address provided by you while monthly retaining to our Service(s); or (ii) electronic mail to the e-mail address provided for Your Account.

12.2 Our address for a notice to Us in writing by Courier or Us Mail is: Mavenwit PVT LTD., Near MDDA, Premnagar, Dehradun, Uttarakhand, India. 248007 with a CC to legal@mavenwit.com by electronic mail. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above.

Company may not disclose the terms, conditions or existence of any non-public aspect of the Program to any third party, except to its professional advisors under a strict duty of confidentiality or as necessary to comply with law.

14.1 These MSP Terms shall be governed by the laws of the India without regard to conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and High courts of Uttarakhand for the purpose of resolving any dispute relating to the MSP Terms or Your access to or use of the Service(s).

14.2 Any dispute, claim or controversy arising out of or relating to these MSP Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these MSP Terms to arbitrate, shall be determined by arbitration in Uttarakhand, Dehradun before three arbitrators. The arbitration shall be administered by Delhi International Arbitration Centre (DIAC) pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment the Award may be entered in any court having jurisdiction. 

ANY ARBITRATION UNDER THESE MSP TERMS SHALL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ACTION AND CLASS ARBITRATIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THESE MSP TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS. 

This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.