ACCEPTANCE OF TERMS OF USE

Please read the following terms and conditions as these terms of use (“Terms”) constitute a legally binding agreement between you and the Company regarding your use of the Site and any services offered by the Company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the "the Service").

“User” or “You”: means any person who access or avail this site of the Company for the purpose of publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company.

By accessing the Site or Service and/or by clicking "I agree", you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian's registered account . You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number.

The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the site or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines, rules, product requirements or sometimes additional terms applicable to such services. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.

YOUR ACCESS OR USE OF THE SITE OR SERVICE SHALL MEAN THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Website or Services you also represent that you have the legal authority as per applicable law (including but not limited to age requirement) to accept the Terms on behalf of yourself and/or any other person you represent in connection with your use of the Site or Services. If you do not agree to the Terms, you are not authorized to use the Site or Services.

THE SERVICE REGISTRATION AND ACCESS TO USE

Registration:

To register for the Services, you need to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form) to share failure stories as article/s, video/s, short stories, and image quotes. You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e, above the age of majority) is not accessed by children. Hence, you may not share your log in credentials with your children. You expressly agree to absolve the Company of any responsibility / liability in this regard.

Geographic Limitation:

Limitation: The Site and/or the Services are controlled and offered by Company from its facilities in the territory of India. Company makes no representations that the Site or Services are appropriate or available for use in other locations. If you are accessing or using the Site or Services from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Site or Services may contain or provide links to content hosted on website located outside of the India.

Access to use:

To access the Services, you will be asked to enter your individual user name and password, as chosen by you during your registration. Therefore, the Company does not permit any of the following:-

• Any other person sharing your account and Password.
• Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Company as users of the Site; or
• Access through a single account and Password being made available to multiple users on a network.

If the Company reasonably believes that an account and password is being used / misused in any manner, the Company shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. Company reserves the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person or entity in Company's sole discretion and without any liability to you. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password. If messages sent to an email address provided by you and associated with your account are returned as undeliverable or wrong address; Company reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party.

Sharing Your Writings or Video:

If you as a User allow us to share your story/stories, article/s, quote or video on “FailWise” your name will be displayed (if you did not opt for the “Name Hidden” option) with our brand name (FailWise). Please note as a user you provide us all the rights to spread all contents and information without any royalty to use it in any form, anytime, and anywhere.

Modification of Content:

You agree that your content/contents can be modified in any ways if language or presentation is not good enough to the standard of “FailWise”.

Availability:

The availability of content through the Services may change from time to time. By default all information (your contents and entries) you provide to us is open for the public to read and share. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

LINKS TO OTHER SITES

The Site or the Services may contain the links or pointers to other websites but you should not infer or assume that the Company operates, controls, or is otherwise connected with these other websites. When you click on a link within the Site, the Company may not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of another website. Please be careful to read the terms of use and privacy policy of any other website before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website. The Company is not responsible for the content or practices of any other website even if it links to the Site and even if the website is operated by a company affiliated or otherwise connected with the Company. You acknowledge and agree that the Company is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site. Contents posted by users are not the reflection of opinion or belief of ‘FailWise” and Scipreneur Private limited. We are not responsible for anything that is posted by users nor do we support their claims.

CONTENT OWNERSHIP AND LIMITED LICENSE

“Company Content” means Company proprietary content, including but not limited to, Company trademarks and logos made available through the Site and Services, excluding Third Party Content and User Submissions.

“Third Party Content” You may be able to access, review, display or use third party services, resources, content or information via the Site or the Services.

“User Submissions” means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content that the Company allows its users to uploads, posts, flips, compiles or otherwise provided to Company via the Site and Services, as applicable. It is further agreed by you by accepting the terms and conditions that any income earned from using in any manner the content submitted to www.failwise.co will be of Scipreneur Pvt. Ltd and its author will have no claim and relinquishes all such claims by accepting these terms and conditions.

Ownership:

The Site, Services and the Company Content are protected by copyright, trademark and other applicable laws. When you use FailWise you agree to give us the copyright of all contents you post to us. We have all the rights to resell all user related information and contents provided by you to any national and international unit or business. Your name will be hidden. This includes even for Selected users/ writers who will be called for the real time stage talk at “TUF (Tell You Fail) Talks”. Except as expressly provided in these Terms, Company and its licensors exclusively own all right, title and interest in and to the Site, Services, and the Company Content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices

incorporated in or accompanying the Site, Services or Company Content. Company claims no ownership interest in any Third-Party Content and expressly disclaims any liability concerning those materials. Besides, any analytics related to any

Limited License:

Subject to your compliance with the Terms herein, the Company hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Services for the personal and non-commercial use only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. Content on the Site and/or the Services is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and/or the Services and the Content. These Terms do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Content or User Submissions in violation of applicable copyright law. Any unauthorized use of the Contents or the Services will result in termination of the limited license granted by the Company and cancellation of your membership. Use of Site or the Services for any unauthorized purpose may result in severe civil and criminal penalties. The Company does not promote, foster or condone the copying of Content, or any other infringing activity and the owners of Third Party Content or User Submissions may have the right to seek damages against you for any such violation.generated by the website, visotors and contents by any user can be used for commercial and resell purpose anywhere in the world by “FailWise” and Scipreneur Private Limited.

Interactions between Users:

You are solely responsible for your interactions (including any disputes) with other users. You understand that Company does not in any way screen Company users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Company users. You agree to take reasonable precautions in all interactions with other Company users, particularly if you decide to communicate with Company user offline or meet them in person. Your use of the Site, Services, Company Content, and any other content made available through the Site or Services is at your sole risk and discretion, and Company hereby disclaims any and all liability to you or any third party relating thereto. Company reserves the right to contact Company users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in this Terms You will cooperate fully with Company to investigate any suspected unlawful, fraudulent or improper activity via the Services.

By making available any User Submissions through the Site and Services, you hereby grant to Company and its users a worldwide, non-exclusive, perpetual, irrevocable, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public and otherwise use and exploit such User Submissions through or by means of the Site and the Services and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world. Company does not claim any ownership rights in any such User Submissions and nothing in these Terms will be deemed to restrict any rights that you may have to use any such User Submissions. You hereby acknowledge and agree that Company shall not be liable for any Uses of your User Submissions by any third party that had access to your User Submissions during the period in which your User Submissions was available on or through the Services. You acknowledge and agree that Company reserves the right to not to publish, display the User Submissions or modify, amend or delete any User Submissions on the receipt of any complaint, that the User Submissions are infringing or in violation of any applicable laws. You acknowledge and agree We can delete/ remove or restrict any content at any time without telling you. You acknowledge and agree that you are solely responsible for all User Submissions that you make available through the Site or Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Submissions that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Submissions, as contemplated under these Terms; (b) neither the User Submissions nor your accessing, posting, submission or transmittal of the User Submissions or Company's use of the User Submissions (or any portion thereof) on, through or by means of the Site and the Services or any other permitted use will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (c) no payments of any kind shall be due to any third party, whether a copyright owner or an agent thereof, for any use made of the User Submissions (or any portion thereof) on, through or by means of the Site and the Services.

By using the Site or the Services, you acknowledge the sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Content, or User Submissions and Company disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Content or User Submissions. You acknowledge and agree that Company: (a) is not responsible for the availability or accuracy of such Third Party Content or User Submissions; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Content or User Submissions; (c) does not undertake or assume any duty to monitor for inappropriate or unlawful content on third party websites or User Submissions; and (d) does not make any promises to remove Third Party Content from being accessed through the Site or the Services.

ADVERTISING MATERIAL

Part of the Site or the Services may contain advertising information or promotion material or other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Before relying on any advertising material, you should independently verify its relevance for your purpose, and should obtain appropriate professional advice. The Company shall not be

responsible nor liable for any loss or claim that you may have against an advertiser or any consequential damages arising on account of your relying on the contents of the advertisement.

You hereby agree and assure the Company that the Site and/or the Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you shall not:

• Circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site or the Services.
• Transmit any material with malware, Trojan horses, viruses, etc.
• Either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by the Company.
• Either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms.
• Use the Site or the Services in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any the Company´s server, or the network(s), computer systems / resource connected to any the Company server, or interfere with any other party´s use and enjoyment of the Site or the Services.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Services.
• Perform any activity which is likely to cause such harm.
• Carry out any "denial of service" (DoS, DDoS) or any other harmful attacks on application or internet service or
• Use the Site or the Services for illegal or unlawful purposes.
• Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any the Company website or the website of any the Company´s customer.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or the Services.
• Attempt to gain unauthorized access to the Services, other accounts and computer systems through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services.
• Incorporate the Site or Services into or retransmit via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by the Company in writing.
• Create, recreate, distribute or advertise an index of any significant portion of the Site or Services unless authorized by the Company.
• Use or launch any "robots", "spiders", "offline readers" etc. or any other automated system, that accesses the Site or the Services in a manner that sends numerous automated requests to the Site´s servers in a given period of time, which a human cannot reasonably send in the same period by using conventional web browsing application or tool(s) for similar purposes.
• Send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation like solicit login information or access an account belonging to someone else.
• Use the Site, Services or Company Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use.
• Impersonate or misrepresent your affiliation with any person or entity.
• Encourage or enable any other individual to do any of the foregoing.

PROHIBITED ACTIVITIES

You agree not to host, display, upload, modify, publish, transmit, update or share any information or User Submissions which

• Belongs to another person and to which the User does not have any right to.
• Write, upload or share any unlawful, disruptive, threatening, profane, abusive, harassing, embracing, torturous, defamatory, obscene, and libelous or is invasion of another’s privacy, is harmful or racially, ethically, religiously or otherwise objectionable.
• Harm minors in any way
• Infringes any patent, trademark, copyright or other proprietary rights.
• Violates any law for the time being in force.
• Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
• Impersonate another person.
• Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
• Threatens the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
• Contain misleading information regarding the origin of the Content or
• Otherwise contains objectionable content.

You understand and agree that the Company may, but is not obligated to, review the User Submissions and may delete or remove it (without notice) in its sole and absolute discretion, for any reason or without assigning any reason.

If you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, the Company shall have the right to immediately terminate/block your access and usage of the Site and the Company shall have the right to immediately remove any non-compliant Content and or comment, uploaded by you and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws.

TERMINATION OF ACCOUNT, SUSPENSION OR DISCONTINUATION OF THE SERVICE

The Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Services (including the Content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that the Company may do so in its sole discretion. You also agree that the Company will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a paid subscriber and the Company suspends or discontinues the Services, the Company may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, the Company may credit additional days of service to your account). However, if the Company terminates your account or suspends or discontinues your access to the Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.

DISCLAIMER OF WARRANTIES AND LIABILITY

You understand and agree that the Company provides the Services on ´as-is´ ´with all faults´ and ´as available´ basis. You agree that use of the Site or the Services is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.

No representations, warranties or guarantees whatsoever are made by the Company as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any services, content, information, or other material on the website will meet your expectations or requirements; (d) any errors in the Site will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers.

The Company does not warrant that any of the software used and or licensed in connection with the Services will be compatible with other third party software or devices nor does it warrant that operation of the Services and the associated software will not damage or disrupt other software or hardware.

The Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of Site or the Services, whether based in contract, tort, strict liability, or other theory, even if the Company have been advised of the possibility of damages.

In the event any exclusion contained herein be held to be invalid for any reason and the Company or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of the Company or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding subscription charges paid by you in the month preceding the date of your claim for the particular subscription in question chosen by you.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, the Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:

• Any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
• Your use or misuse of or access to the Site or the Services.
• Your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
• Any claim that you have caused damage to a third party.

The Company reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company´s defense of these claims.

Notice of Copyright Infringement:

Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that any work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following

information:

A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.

Identification of the copyrighted work claimed to have been infringed.

Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.

The address, telephone number or e-mail address of the complaining party.

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

GOVERNANCE OF LAW

By agreeing to these terms of service you agree that you submit yourself to the jurisdiction of the courts at Delhi and will be governed by the laws of INDIA. Any cause of action or dispute you have with us will be exclusively in the state of NCT of Delhi. If any terms of service or any policy of failwise.co is struck down or held illegal by the court of competent jurisdiction or by any other law of the country of governance, then it cannot be said that the whole of the terms and policy is invalid.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.