AGREEMENT

These Terms of Use, Privacy Policy, Hyperlink Policy and all the policies posted on our website set out the terms on which DivaCygnet offers you access and use of website, portal, sandbox environment, services, applications, and tools (collectively “Services”). All policies including but not limited to Privacy Policy, Hyperlink Policy are incorporated into these Terms of Use by reference. By using our Services, You agree, signify, accept and consent to comply with the above when accessing or using Our Services. In case You do not agree to these Terms of Use, You are not authorized to continue using our Services. The Domain name ___________(hereinafter referred to as “Website”) is owned by DIVACYGNET PRIVATE LIMITED, a company (a joint venture of Cygnet.One and Avant Corporation) incorporated under the laws of India with its registered office at 1B124, WEWORK C-20, G BLOCK, BKC COMPLEX, Bandra(East), Mumbai, Mumbai, Maharashtra, India, 400051 (hereinafter referred to as “DivaCygnet”).

Acceptance of The Terms of Use:

You understand and agree that by using the Services of DivaCygnet, You are deemed to have accepted these terms and conditions, regardless of how You subscribe to or use the Services. These Terms of Use, Privacy Policy, Hyperlink Policy and other policies are applicable to use of our Services and/or access of our Website, portal or application, which is an electronic record in the form of an electronic contract. These Terms of Use are issued and shall be binding under relevant provisions of the applicable local, state, national or international law and rules thereunder as may be amended from time to time, pertaining to electronic records in various statutes thereof.

This electronic record is generated by a computer system or devices and does not require any physical or digital signatures as per the applicable law. This electronic contract is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of DivaCygnet’s Website.

For the purpose of these Terms of Use, registered user and wherever the context so requires “You” or “User or Your”, shall mean any natural or legal person who has agreed to use the Services of the Website/portal/application by providing registration data while registering on the Website and/or portal and/or application, as may be applicable, as registered user/visitor using the Services and accepted electronic version of these Terms of Use and has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing mobile number, email id, User’s public IP (Internet Protocol) address, browser details, device/operating system’s (OS) version along with biometrics like fingerprint, facial id, and iris scan if opted (“Customer Data”).

If there is any conflict between Privacy Policy and Terms of Use, then Terms of Use, shall take precedence but only to the extent of the conflict.

Please read these Terms of Use carefully before using or registering on the Website/ portal/ application or accessing any material, information or services through the Website or portal or application, as may be applicable. If you do not agree with these Terms of Use, please do not use the Services.

Use of The Services

  1. DivaCygnet hereby grants You a limited, non-exclusive, non-transferable, revocable right and license to use the Services.
  2. You shall have a limited right to use the Services, in accordance with the applicable law.
  3. You shall follow and adhere with the guidelines relating to Services as set out hereunder or through a separate agreement, as may be required under the applicable law.
  4. Terms and conditions attached to the use of Services will continue to apply until terminated by either You or DivaCygnet as set forth below under clause

In Connection with Using or Accessing the Services You will not:

  1. breach or circumvent any laws, third-party rights or our systems, policies, or determinations of Your account status;
  2. use the Services if You are incompetent to contract and thus not able to form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use Services;
  3. shall not register on the Website, if you are minor i.e. under age of 18 years;
  4. transfer Your user ID to another party without DivaCygnet’s consent;
  5. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  6. distribute viruses or any other technologies that may harm DivaCygnet, or the interests or property of users;
  7. use any robot, spider, scraper, or other automated means to access DivaCygnet’s Services for any purpose;
  8. bypass DivaCygnet’s robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  9. commercialize any application or any information or software associated with such application;
  10. harvest or otherwise collect information about users without their consent; or
  11. circumvent any technical measures DivaCygnet uses to provide the Services;
  12. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, portal, application or network or any systems or networks connected to the Website, portal or application;
  13. redistribute, copy, amend, modify or commercially exploit any contents, material or component of Services provided, accessed or availed through Website, portal or application without the prior written permission of DivaCygnet which permission may be withheld or denied by DivaCygnet in its sole discretion.

Term & Termination

These Terms of Use will continue to apply until terminated by either You or DivaCygnet as set forth below:

  • If You want to terminate Your agreement/arrangement with Cygnet>one, You may do so by
    • not accessing the Website, portal, and application or
    • closing Your Account for all of the Services that You use, where DivaCygnet has made this option available to You
  • You agree that DivaCygnet may, in its sole discretion and without prior notice, terminate Your access to the website, portal or application and block Your future access to the website, portal or application, if DivaCygnet determines that You have violated any of the terms of these Terms of Use or any other Policy or agreement(s).

Upon any expiration or earlier termination of the arrangement, for any reason whatsoever, DivaCygnet may, in its sole discretion (a) delete all Customer Data along with the documents signed under these Terms of Use and the arrangement with DivaCygnet [“Customer Data”] and any other sensitive information in our possession, custody, or control; and (b) Your right to access any Customer Data in the applicable Services will cease and DivaCygnet may delete Your Customer Data at any time after 30 days from the date of termination, excluding the document transaction audit trail, which will remain with DivaCygnet, as per the requirement of applicable laws. You shall be responsible to make forthwith payment for the remaining portion of the Subscription term and for the Services used till the date of such termination/expiry.

User Account, Password, And Security:

  1. Upon accessing Services and creation of the User Account, You will be asked to provide Customer Data as a part of registration or guest log-in process. Such Customer Data will be retained by DivaCygnet in accordance with the terms and conditions mentioned herein and as per applicable laws.
  2. You shall ensure that the account information provided by You in the Website’s registration form is complete, accurate and up to date. Use of another user’s account Information for availing Services is expressly prohibited.
  3. If You use DivaCygnet Services, You are responsible for maintaining confidentiality of Your account and password and for restricting access to Your computer or device to prevent unauthorized access to Your account. You agree to accept responsibility for all activities that occur under Your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform DivaCygnet immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You shall ensure that You exit from Your Account at the end of each session. DivaCygnet cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by DivaCygnet or any other user of or visitor to the Website due to authorized or unauthorized use of Your account as a result of Your failure in keeping Your account information secure and confidential. 
  4. DivaCygnet shall not be responsible for any outcome of the Service of Your Account whether appropriate or inappropriate in current or future use of the Services, if You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete).
  5. In case DivaCygnet believes that you are abusing Services in any way, DivaCygnet may, in its sole discretion and without limiting other remedies, limit, suspend, or terminate your User Account(s) and access to Services, delay, remove any special status associated with Your Account(s), remove and, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using Services.
  6. DivaCygnet may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue the Services. Additionally, DivaCygnet reserves the right to refuse or terminate all or part of the Services if they are detrimental in nature to us or our Services.

Intellectual Property Rights

  1. The Website, portal and application, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) is owned and controlled by DivaCygnet and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, trademark laws, and various other intellectual property rights. Through Your use of the Website, portal and application, by no means are any rights impliedly or expressly granted to you in respect of such Content. DivaCygnet reserves the right to change or modify the Content from time to time at its sole discretion.
  2. The trademarks, logos and service marks displayed on the Website, portal and application (“Marks”) are the property of DivaCygnet. You are not permitted to use the Marks without the prior consent of DivaCygnet.
  3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, DivaCygnet owns all intellectual property rights to and into the trademark “DivaCygnet”, Website, portal and application, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
  4. Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without first obtaining the specific authorization from DivaCygnet.

Use of DIVACYGNET’s Intellectual Property

  1. a.Any DivaCygnet’s and/or its affiliates’ intellectual property provided or otherwise made available or used by You are solely for the express purposes described in these Terms of Use.
  2. b.For the avoidance of doubt, you will not:
    • copy any DivaCygnet’s intellectual property;
    • distribute copies of any DivaCygnet’s intellectual property;
    • modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble, or make derivative works or improvements based on any DivaCygnet’s intellectual property;
    • use, rent, loan, sublicense, lease, distribute, or attempt to grant other rights to any DivaCygnet’s intellectual property; or
    • use any DivaCygnet’s intellectual property to act as a consultant, service bureau or application service provider, or to permit remote access to any DivaCygnet’s intellectual property.

ENTITY REGISTRATION

If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept these Terms of Use and other applicable policies, you have the authority to bind that business entity by these Terms of Use and other applicable policies.

Maintenance of Logs

Subject to the applicable law, DivaCygnet shall have right to conduct audit as well as maintain transaction logs of all the requests/responses processed by You for such period as may be required by the applicable law by capturing the complete metadata available in http headers, request and response time stamp along with status (success/failure/timeout etc.), requesting third party details like application id/license key, API type etc.

Privacy

  1. DivaCygnet views protection of Your privacy as a very important principle. DivaCygnet understands clearly that You and Your Personal Information are DivaCygnet’s most important assets. DivaCygnet shall store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules thereunder. DivaCygnet’s current Privacy Policy is available on its website.
  2. Once You provide Your information, DivaCygnet may use such information to provide You various Services with respect to Your transaction only.
  3. Further by using the Services via Website, portal or application, You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information You send to Website, portal or application may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted (eg. Information to payment gateway).

Disclaimer of Warranties and Liability

  1. THE WEBSITE, PORTAL, APPLICATION, SERVICES, CONTENT, AND ANY THIRD-PARTY CONTENT OR SERVICES ARE PROVIDED BY DIVACYGNET ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DIVACYGNET MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIVACYGNET OR THROUGH THE WEBSITE / CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
  2. NOTWITHSTANDING ANYTHING TO CONTRARY IN THE TERMS OF USE, DIVACYGNET’S ENTIRE AND AGGREGATE LIABILITY TO YOU UNDER AND IN RELATION TO THESE TERMS OF USE OR OTHERWISE SHALL NOT EXCEED THE PRECEDING TWELVE MONTHS’ FEES PAID BY YOU UNDER THESE TERMS OF USE. FURTHER DIVACYGNET WILL HAVE NO LIABILITY RELATED TO USER SERVICES AND / OR THIRD-PARTY CONTENT OR SERVICES. DIVACYGNET ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF SERVICES OR ANY THIRD-PARTY CONTENT OR SERVICES.
  3. FURTHER YOU ACKNOWLEDGE THAT DIVACYGNET IS NOT PROVIDING LEGAL, FINANCIAL, TAX, ACCOUNTING OR PROFESSION ADVICE. YOU ARE SOLELY RESPONSIBLE FOR THE PREPARATION, CONTENT, ACCURACY AND REVIEW OF ANY DOCUMENTS DATA OR OUTPUT PREPARED OR RESULTING FROM THE USE OF THE CYGNET SERVICES. IN NO EVENT SHALL DIVACYGNET OR ITS THIRD PARTY PROVIDER BE LIABLE FOR ANY PENALTIES, INTEREST OR TAXES ASSESSED BY ANY GOVERNMENTAL OR REGULATORY AUTHORITY.
  4. YOU WILL BE REQUIRED TO ENTER A VALID PHONE NUMBER AND/OR EMAIL ID WHILE REGISTERING ON THE WEBSITE FOR THE SERVICE INFORMATION REQUEST. BY DOING SO YOU HEREBY AUTHORISE US TO CONTACT YOU IN RELATION TO THE SERVICES THAT YOU HAVE REQUESTED.

Indemnification

  1. a.Notwithstanding anything contained in these Terms of Use, it is hereby clearly understood by the parties that DivaCygnet shall have no responsibility or liability in relation to failure of any activity, if such activity may have been initiated by You and/or third party through Website, portal or application (API or other Services), and has failed or has been delayed on account of the process of authentication and acceptance of Your Data or otherwise, including but not limited to, failure or delay as a result of, network or connectivity failure, device or application failure, or any other technical or non-technical error of any nature, whether foreseen or unforeseen at the time of entering into this Agreement.
  2. b.You agree to indemnify, defend and hold harmless DivaCygnet, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Terms of Use, policies or agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website / Services; (iii) any claim, proceedings or enforcement action made in connection with any breach of You of this Terms of Use; or (iv) Your violation of any rights of another, including any intellectual property rights.
  3. c.DivaCygnet may notify You of any claims for which You shall be liable to indemnify DivaCygnet. You will then be required to consult with DivaCygnet regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of DivaCygnet without the express prior written consent of DivaCygnet which can be withheld or denied or conditioned by DivaCygnet in its sole discretion.

Electronic Communication

When You use the Website, Portal, application or send emails or other data, information or communication to DivaCygnet, You agree and understand that You are communicating with DivaCygnet through electronic records and You consent to receive communications via electronic records from DivaCygnet, which may be sent periodically and as and when required. DivaCygnet will communicate with You by email or by notices on Website/ portal/ application or electronic records on the Website/ portal/ application or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

Free Subscription

DivaCygnet may provide You with Services for free or on a trial basis (a “Free Access Subscriptions”) or other early-stage Services, integrations, or features which are optional for You to use. This Section will apply to any Free Access Subscriptions (even if early Releases are provided for a fee or counts towards Customer/User’s Subscription Plan) and supersedes any contrary provision in these Terms of Use. DivaCygnet may use good faith efforts in its discretion to assist You with Free Access Subscriptions or Beta Releases. Nevertheless, and without limiting the other disclaimers and limitations in these Terms of Use, YOU AGREE THAT ANY FREE ACCESS SUBSCRIPTION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, SUPPORT, MAINTENANCE, STORAGE, SLA, OR INDEMNITY OBLIGATIONS OF ANY KIND. WITH RESPECT TO FREE SUBSCRIPTION, YOU FURTHER ACKNOWLEDGE AND AGREES THAT FREE SUBSCRIPTIONS MAY NOT BE COMPLETE OR FULLY FUNCTIONAL AND MAY CONTAIN OTHER PROBLEMS FOR WHICH DIVACYGNET WILL NOT BE RESPONSIBLE. DivaCygnet makes no promises that future versions of Free trials will be released or will be available under the same commercial or other terms. DivaCygnet may terminate Your right to use any Free Access Subscriptions or Beta at any time for any reason or no reason at DivaCygnet’s sole discretion, without any liability.

Fees and Payments

  • The Services are available under subscription plans of various durations. Payments for subscription plans of a duration of less than a year can be made only by Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless You downgrade Your paid subscription plan to a free plan or inform us that You do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by You. We provide You the option of changing the details if You would like the payment for the renewal to be made through a different Credit Card. If You do not wish to renew the subscription, You must inform us at least seven days prior to the renewal date. If You have not downgraded to a free plan and if You have not informed us that You do not wish to renew the subscription, You will be presumed to have authorized DivaCygnet to charge the subscription fee to the Credit Card last used by You. Please check our Website to know about our Refund Policy.
  • From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of Your then-current billing cycle. You will not be charged for using any Service unless You have opted for a paid subscription plan.
  • DivaCygnet may suspend Your access to its Services if: (i) Your account is overdue; or (ii) You have exceeded its service allocations/service limits. DivaCygnet may also suspend Your access to the Services or remove Customer Data if it determines that: (a) You have breached any portion of these Terms, or (b) suspension is necessary to prevent harm or liability to other customers or third parties, or to preserve the security, stability, availability or integrity of the Services. DivaCygnet will have no liability for acting as permitted above. For the avoidance of doubt, You will remain responsible for the payment of fees during any suspension period. However, unless these Terms have been terminated, DivaCygnet will cooperate with You to promptly restore access to the Services once We verify that You have resolved the condition requiring suspension.

Miscellaneouss

  • Injunctive Relief. You further agree, acknowledge and accept that any violation by You of the Terms of Use, any agreement(s) or any of the policies will cause irreparable harm to DivaCygnet, for which monetary damages may be inadequate, and You consent to DivaCygnet obtaining any injunctive or equitable relief that DivaCygnet deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies DivaCygnet may have at law or in equity.
  • Entire Agreement. These Terms of Use (including all attachments hereto, and all documents including but not limited to the policies, incorporated herein by reference): (a) represent the entire agreement between the parties with respect to the subject matter hereof and supersedes any proposals, representations previous or contemporaneous oral or written agreements and any other communications between the parties.
  • Assignment: You are prohibited to assign these Terms of Use or any of its rights hereunder, or delegate any of its obligations hereunder, whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of DivaCygnet. At its sole discretion, DivaCygnet may transfer its rights and obligations (also known as “assign”) under these Terms of Use, without Your prior express consent, provided that DivaCygnet assigns the Terms of Use on the same terms or terms that are no less advantageous to You.
  • ndependent Contractors: The parties are entering into this Terms of Use as independent contractors, and this Terms of Use will not be construed to create a partnership, joint venture, or employment relationship between them. You will represent yourself to be an employee or agent of DivaCygnet or enter into any agreement or legally binding commitment or statement on DivaCygnet’s name or behalf.
  • Grievance Officer: In compliance with Information Technology Act, 2000 (including any amendments thereto) and the rules made thereunder, the Grievance Officer of DivaCygnet shall be ____________with email address: __________________
  • Governing Law and Jurisdiction: These Terms of Use shall be construed only in accordance with the laws of India. In respect of all, claims, matters/disputes arising out of, in connection with or in relation to these Terms of Use, only competent courts at Ahmedabad, Gujarat shall have the sole and exclusive jurisdiction. No other court shall have jurisdiction to deal with any dispute or any matter between the parties arising out of these Terms of Use.
  • Force Majeure. DivaCygnet will not be liable for any failure to perform any of its obligations hereunder by reason of Force Majeure Event. DivaCygnet shall provide You, prompt notice of the applicable circumstance and uses commercially reasonable efforts to re-commence performance as promptly as possible.
  • Waiver. To be effective, any waiver by DivaCygnet of any of its rights or obligations under these Terms of Use may be made in a writing signed by itself to be charged with the waiver. Waiver of any breach of any term or condition of these Terms of Use will not be deemed a waiver of any prior or subsequent breach. No failure or forbearance by DivaCygnet to insist upon or enforce performance of any of the provisions of these Terms of Use or to exercise any rights or remedies under these Terms of Use or otherwise at law or in equity will be construed as a waiver or relinquishment to any extent of its right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect.
  • Severability. If any provision of these Terms of Use is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect in such jurisdiction and will be liberally construed in order to effectuate the purpose and intent of these Terms of Use, and the invalidity or unenforceability of any provision of these Terms of Use in any jurisdiction will not affect the validity or enforceability of any such provision in any other jurisdiction.
  • Notices. Any notices required to be served under the provisions of these Terms of Use and any of the policy shall be in writing and shall be deemed to have been duly delivered upon completion of five (5) business days following the date of their mailing, by registered mail, or by established international courier service or served through Email ID of the respective party which shall be deemed delivered upon delivery of e-mail.
  • Change in Policy. DivaCygnet may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Website or application. Any new version of these Terms of Use shall take effect and will govern the use of the Services and Your relationship with DivaCygnet immediately upon the date of posting. By continuing to use the Service, You agree to be bound by the terms of these updates and amendments
  • Survival. The Parties’ rights and obligations, which by their nature would extend beyond the termination, cancellation or expiration of the arrangement, shall survive such termination, cancellation or expiration.
  • Complaint. If DivaCygnet receive a complaint from any person against You with respect to Your activities as part of the use of the Services, DivaCygnet will forward the complaint to the primary email address of Your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by Us and copy it in the communication. If You do not respond to the complainant within 10 days from the date of our email to You, DivaCygnet may disclose Your name and contact information to the complainant for enabling the complainant to take legal action against You. You understand that Your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as Your consent to the disclosure of Your name and contact information by DivaCygnet to the compliance
  • Feedback. If You wish to provide any suggestions, comments, improvements, information, ideas, or other feedback or related materials to Services (collectively, “Feedback”), You hereby grant DivaCygnet a worldwide, perpetual, non-revocable, sub-licensable, royalty-free right and license to use, copy, disclose, license, distribute, and exploit any Feedback in any format and in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise. Nothing in these Terms of Use limits DivaCygnet’s right to independently use, develop, evaluate, or market products, whether incorporating feedback or otherwise.
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