Terms of use
Welcome to Incus Inc!
Our Terms of Service have been updated. Therefore, please, read these Terms of Service carefully before using the Website and/or Services. There is a Learning Content Creator Agreement specific to Learning Content Creators following Terms of Service applicable to both Learning Content Creators and Learners. If you do not accept these Terms of Service or Learning Content Creator Agreement please, do not use the Website and do not click "Sign up as a Learner/Learning Content Creator" (or similar) or do not use the Services otherwise.

Please be informed that as a user you are using our services and hence, trust us. Therefore, it becomes pertinent that we are able to provide you with the best quality services with minimal effort. We endeavour to ensure that every user experience is smooth and hassle-free. These Terms and Condition of Use, guide user behaviour and in the process lay down certain parameters and guidelines, which would be beneficial to both, you and us, the Company.

I.TERMS OF SERVICE

Incus Inc, operating under the name of 'INCUS Quiz App', 'TRAIN App" and Website is a company incorporated under the laws of United State of America in Delaware and is involved in the business of providing a Platform for Quiz Tournaments and Short Learning Videos to the Learners by Learning Content Creators globally. Incus Inc operates through its Subsidiary Incus Quiz Private Limited in India to process the Payments made and offer Customer Support Services .

These Terms and Conditions of Use (hereinafter 'Terms of Use') pertains to the services made available at https://www.incus.online/ (hereinafter 'Incus Website') and its equivalent INCUS Quiz App', 'TRAIN App" Mobile Application (hereinafter 'Incus Apps') available on Google Play, Windows Store or Apple Store. The Incus App and Incus Website, on which the services are availed, will be hereinafter collectively referred to as 'Platform'. We request you to read the Terms of Use thoroughly, before using the Platform as it governs your use of the Platform and any other applications, products, websites and services owned and managed by the Company.

You may be accessing and using Platform of Incus Inc as (i) a Learner,(ii) a Parent of a Learner, (iii) a Learning Content Creator, (iv) a Company or (v) a visitor simply using the functionality, including that of the Blog, and/or reviewing the content, that is publicly available on the Website

For the purpose of this Terms of Use, wherever the context so requires 'Your', 'You', 'Yourself' or 'User' shall mean any natural or legal person who browses the Platform or has agreed to become a subscriber to the services on the Platform, by providing login credentials while registering on our website as a Subscribed User (defined in Clause 2.1) using the computer systems.

The term 'We', 'Us', 'Our' shall mean Incus Inc, the Company.

We reserve the right to amend the Terms of Use at any time, which shall be updated on this page, regularly, so that you are always aware of the latest developments in the Platform. in case of any changes or updates, we shall endeavour to notify You of such changes at the earliest. Nevertheless, please ensure that You read our Terms of Use and any updated version thereof before proceeding to use the Platform or the Services, as the case maybe. The Terms of Use is subject to be amended without prior notice and it is your duty to be apprised of the same.

This Terms of Use applies solely to Our Platform. We state that this Terms of Use is not applicable to other such similar or related Platform and the Terms of Use of other Platforms and websites may vary, accordingly we are not responsible for the Terms of Use of other such Platforms.

You agree that by using Services and providing the respective consent, you are agreeing to enter into a legally binding contract with Incus Inc and indicate your unconditional acceptance of these Terms, on your own behalf and, if you are a representative/parent/legal guardian, on behalf of the person/child represented by you, that uses our Services.

These Terms, as well as the Refund and Payment Policy, Privacy Policy, Cookies Policy and Incus Inc Content Creator Agreement are legally binding agreements governing relationship between Incus Inc and any User or visitor of the Website and Services.

As a User or a visitor of our Services, the collection, use and sharing of your personal data is subject to the Privacy Policy, Cookies Policy, and Incus Inc Content Creator Agreement and the respective updates. For more information about when, where, and why we collect personal data, how we use it, the conditions under which we may disclose it to others, your rights in respect of your personal data, please refer to our Privacy Policy .

II.SERVICES OF INCUS LEARNING

Through our Website, Services and Software, Mobile Applications as Incus Platform we enable Quiz Tournaments and Short Learning Videos to be uploaded and published by Learning Content Creators globally and made available to access by Learners with Paid Subscription Services. We enable Students/Parents , Learners and Companies to connect with Learning Content Creators, who provide live, Video on Demand Based online and offline one-to-one or group, tutoring and learning services through various Packages outside the Incus Platform. Learning Content Creators publishing Quiz Tournaments may offer free subscription to their Learning courses offered outside the Incus Platform as a Prize to winners in Quiz Tournaments or at discounted offer to players who played their Quiz Tournaments . Learning Content Creators can connect with users that played their published Quiz Tournaments and offer discounts on the enrolment fee into their Learning Courses .

III. PAID SUBSCRIPTION OF INCUS QUIZ APP AND TRAIN APP



1. In these Terms of Use, the term "Services" (hereinafter referred to as 'services') shall mean and include without limitation, the online Quiz tournaments Access to play on Incus Quiz App and online short Learning videos View and Play back on "Train" App that will be accessible to You as a Subscribed User and will exclude the free demo content that is accessible to all Registered Users visiting the Platform. The foregoing meaning and scope of Services may be subject to change and the definition shall not in any way limit or restrict Our right to remove or add features to the Platform.

2. As a "Registered User", You are enrolled as Free User by default and have the option to purchase a Subscription Account (hereinafter referred to as "Paid Subscription") and become a Subscribed User. The benefits and features available under the Paid Subscription Account is available for your reference at https://www.incus.online. If You have initially enrolled as "Registered User" , You will have the option of upgrading at any time by clicking on the "Pay Now" icon available in Payment Section in the Settings Page In-App on Incus Quiz App and Train App .

3. You agree that any Subscription Plan to Services on Incus Platform provided by Us may be subject to change at Our discretion and We may add, remove or modify offerings to its existing scope of Services at such fees as will be solely determined by Us.

4. We may, at Our discretion, revise the amount payable in respect of existing offerings forming part of the Services that may be made available to You.

5. You agree that We may at any time and for any reason, terminate Your access to whole or part of the Platform, or restrict or suspend Your access to your Subscribed User account, for any or no reason, with or without prior notice, and without any liability to You.

6. When you enroll to a Subscription Plan on Incus Quiz Tournament App or Train App, you get a license from us to view it via the Incus Services and no other use for the. Don't try to transfer or resell your Subscription Plan in any way. We grant you a access license for Specified Time duration as mentioned in the Subscription Plan, except when we must disable the course because of legal or policy reasons.

7. Payment Terms

a) Any payments made to Incus in respect of Services are subject to the payment terms of Incus as will be notified to You once You initiate the process to become a Subscribed User.
b) The Fee including GST, if applicable, will be shown prior to completion of the online payment transaction.
c) Incus uses the Payment Gateway provided by PayUMoney to receive payments of Subscription Fee into Corporate Axis Bank Account of it's Subsidiary in India -Incus Quiz Private Limited .
d) In the unlikely event that, due to a technical error, the amount of the Fee displayed on the Platform is incorrect, Incus will notify You as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on the Platform, Incus will contact You through your registered e-mail address and/or phone number to notify You of the correct Fee. To avail all Services for the duration of Subscription, You may be required to remit any additional fees such that the correct Fee is paid by you.
e) The provision of the online tutorials forming part of the Services are contingent upon Incus having received cleared funds from You in respect of the Fee for the relevant Service subscription. Without prejudice to Incus's rights and remedies under these Terms of Use, if any sum payable is not paid on or before the due date, Incus reserves the right, forthwith and at Incus's sole discretion, to suspend Your access to the Services and refuse You entry to the Services You intended to avail as part of the subscription to the Platform.
f) In case your bank account appears to be debited, yet the subscription plan is not activated, kindly refer to the following web page on Failed Transaction Policy: https://incus.online/failedtransactionpolicy

8. Refunds, Cancellation and Subscription Period

a) The Subscription fee for the Incus Quiz App and Train App service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be paid by you on your "Payment" page in the Incus Quiz App and Train App . The length of your Access License of Paid Subscription Plan on Incus Quiz App and Train App is for 30 Days. We do not authorize your Payment Method in anticipation of membership or service-related charges . The Payment History of Recent Payment and Renewal Payment Date shall be specified on the Payment Page In-App .

9. Payment Method

a) Incus hereby notifies You that Incus uses third party payment gateway service providers to process payment made by You towards the Service subscription. It is hereby clarified that Incus will not be responsible for any payment failures or errors occurring due to technical issues at the bank's end or issues arising from the third payment gateway and all such issues should be resolved directly between You and the banking or payment gateway partner concerned.

10. Cancellation.

b) To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial Subscription periods or unused Incus Learning content. Your Incus Subscription is active until the period your Paid Subscription Period and if not renewed on the renewal date at end of Subscription Period , it reverts automatically as Registered Subscriber . You always have option to do Payment for Paid Subscription Plan any time and restart your Paid Subscription .
Changes to the Price and Subscription Plans.

c) We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply only to your Next Payment and do not effect your current Paid Subscription plan.

11. Pricing

a) The updated prices and features of Paid Subscription on Incus Quiz App and Train App is listed on our Web page https://incus.online/appsubscriptions

b) We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout)

c) All Prices and Payments are presently transacted in Indian Rupees (INR)

12. Gift and Promotional Codes

a) Incus or our partners may offer gift and promotional codes to students. Certain codes may be redeemed for prepaid credits applied to your Incus account, which then may be used to purchase eligible courses on our platform, subject to the terms included with your codes. Other codes may be directly redeemable for specific courses.

b) These codes and credits, as well as any promotional value linked to them, may expire if not used within the period specified in your Incus account. Gift and promotional codes offered by Incus may not be refunded for cash, unless otherwise specified in the terms included with your codes or as required by applicable law.


IV. AMENDMENTS TO THESE TERMS

We reserve the right to change these Terms from time to time for any reason, which shall be affected by posting of the updated Terms to our Website with indication of the modification date at the top of this page. Please check this page to ensure that you're happy with any changes. The additional notifications on any amendments will be sent to your email. Access to the Website and use of the Services are subject to these Terms, Privacy Policy, Refund and Payment Policy and Cookies Policy available on the Website.

V. AGE OF ACCESS
You must be at least 18 years old to use the Platform, or, if you are between the ages of 13 and 18, you must have your parent or guardian's permission to use the Platform. By using our Platform, you are telling us by your actions that you have obtained that permission (you are 'representing' and 'warranting' that you have obtained the appropriate permissions to use our Platform). If you are under the age of 13 you may not use our Platform in any manner nor may you register for an account.

VI. VERIFICATION

· We have a well curated Vetting and Verification process before Incus permits a qualitative Learning Content Creator verified profile and Learning Content to be permitted to be listed on the Incus Platform. Before starting to List and Upload your Learning Courses, you need to send a Sample content of Quiz Tournament MCQs and Short Learning Videos you propose to upload . Our Subject Matter expert committee will give feedback and also a sample of students give feedback on Learning Content and only on the unanimous acceptance of Subject Matter expert committee and Students , we activate your Learning Content Creator Account for you to List , upload and publish Learning Content on Incus Platform .

· We may not control and are not responsible for any information provided by any Learning Content Creator with the aim of such verification. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the verification or Learning Content Creators themselves.

· Incus Inc cannot confirm that each User is who they claim to be. You agree and understand that you assume all risks when using the Services on Incus Platform, including without limitation any and all of the risks associated with any online or offline interactions with other Users.

· WHILE WE USE GOOD FAITH EFFORTS TO CONFIRM THAT EACH LEARNING CONTENT CREATOR ON OUR WEBSITE IS A LEGITIMATE LEARNING CONTENT CREATOR, WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE TRUSTWORTHINESS OF LEARNING CONTENT CREATORS AND THE INFORMATION THEY PROVIDE VIA OUR PLATFORM. WHEN INTERACTING WITH OTHER USERS YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DON'T KNOW. NEITHER INCUS INC NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. INCUS INC AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.

· Incus Inc may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications ("Consumer reports"). Incus Inc does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. Incus Inc does not independently verify information in the consumer reports.

You hereby consent to Incus Inc collecting, using and disclosing the information in the consumer reports. You understand and agree that Incus Inc may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that Incus Inc shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. Incus Inc reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in Incus Inc's sole discretion.

VII. Privacy

You may use the Website and Blog without providing personally identifiable information. To use the Services, we may require provide us consensually your personal data. Please refer to our Privacy Policy for additional information on our practices for handling, processing and securing user's personal data. When you choose to register for or participate in Services or other events in relation to the Services, you agree that you will provide accurate, complete, and up to date personal data as requested on the screens that collect information from you.


VIII.YOUR LICENSE TO INCUS INC

· In case you are a Student or Learner or Parent of a Student, Incus Inc hereby grants to you, on the Terms set forth herein, a non- transferable, non-sublicensable, non-exclusive, limited right to access and use the Services and the Software solely for your non-commercial, personal use and subject to the policies and restrictions that we post on our Website from time to time.

· In case you are a Learning Content Creator, Incus Inc hereby grants to you, on the Terms set forth herein, a non- transferable, non-sublicensable, non-exclusive, limited right to access and use the Service and the Software solely for the delivery of your personal services to your clients (i.e. Students and Learners) and subject to the policies and restrictions that we post on our Website from time to time.

· You agree not to view, copy, or procure content or information from the Incus Website ,Software, Mobile Applications and Platform by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Incus Website ,Software, Mobile Applications and Platform (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by Incus Inc. under separate written agreement.

· No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without Incus Inc's prior written permission or as expressly provided in these Terms.

· Where you purchase a subscription or a license to access the Services on Incus Platform, you may not share that subscription or license with others.

· Incus Inc may impose reasonable limits on your scope of access to the Services, including limits on time or number of information accessed or devices used to access such Services, to prevent unauthorized third party access to or use of the Services.

· All rights not expressly granted herein are reserved.

IX. INCUS USER ACCOUNTS

· You need an account for most activities on Incus platform. Keep your password somewhere safe, because you're responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team by writing email to support@incus.online .

· You need an account for most activities on our platform, including to purchase and enrol in a Paid Subscription Plan or to Upload Quiz Tournaments or Short Learning Videos on Incus Platform .

· When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address.

· You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else's account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.

· You may not share your account login credentials with anyone else. You are responsible for what happens with your account and Incus will not intervene in disputes between Learners or Learning Content Creators who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.

· Registration Login is through Gmail Social Login . Hence it is customary that you have Gmail Social Login to register with Incus Platform. Upon registering for our Services an account for Users may automatically be created for you. You may change profile photo that is automatically served by Gmail Social Login, by going to your Setting Page, to display with your account information. Please be advised that provision of your photo is not an obligatory term to use our Services. You may edit your account with additional information at your sole discretion. Additional information may help you to get more from the Services, for instance, finding a necessary Learning Content Creator. At the same time, you are not required to provide additional information, not specifically necessary for the registration, it is your choice. The security of any personal data you choose to share within your account is subject to our Privacy Policy.

· Upon registering for our Services on our Platform ,a profile for Learning Content Creator is automatically created for you. Please be advised that provision of your photo and video introduction is an obligatory term to use our Services. You may edit your profile with additional information at your sole discretion. Additional information may help you to get more from the Services, for instance, finding students. At the same time, you are not strictly required to provide additional information, not specifically necessary for the registration. Therefore, it is your choice whether to include additional data to your profile, or not, such as country, language skills, education and work experience. The security of any personal data you choose to share within your account is subject to our Privacy Policy.

· You may delete your account/profile at any time. In case you are not using your Incus Inc Platform account or profile for more than 180 (one hundred eighty) days following the last payment (and not created any Learning Content or consumed any Learning Content for the last 180 days, it will be considered expired and gets deactivated and your remaining balance will be expired. Any remaining balance will be irreversibly lost and nonrefundable.

X. DIRECT INTERACTIONS

· Incus Inc does not take part in direct interactions between Students/Learners and Tutors and Learning Content Creators.

Other than providing the platform for Students, Parents and Tutors to connect, Incus Inc may automatically monitor the interactions between Users only in case:

· We may find the content posted by Users on the Platform doubtful or infringing rights of other Users, but We are not obliged to do so;

· We may need to improve our Services.

1. Our scheduling system shall automatically regulate interactions between Students and Tutors and Learning Content Creators to fulfil the cancellation policy of the Service. The Platform Services provide connection to Tutors and Learning Content Creators who are willing to be engaged by Students and Parents as independent contractors. As independent contractors, the listed Tutors control the methods, materials and all aspects of the lessons.

2. The Services allow Tutors and Learning Content Creators to create subject- specific tutoring packages for certain number of hours that may occur over a number of tutoring sessions (each session individually a "Tutor Session," collectively the "Tutor Package"). Students are responsible for selecting the right Tutor for their needs. Students should review and investigate each Tutor's self-reported credentials, education, and experience, as well as reviews from other Parents and/or Students. All tutoring sessions should be supervised by a responsible adult.

· Incus Inc does not have control over transactions between Users. Incus Inc does not control Tutor Package provided by Tutors, any reviews or ratings provided by Users, nor of the actions or omissions whatsoever of any User.

· Students acknowledge and agree that Incus Platform Services are provided for the purpose of facilitating learning, not cheating. You agree not to inquire about the hiring of or to hire Tutors to complete assignments, write papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use Incus Platform Services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.

· Incus Inc expressly disclaims any liability or claims that may arise between Users of its Services. You are solely responsible for your interactions with all other Users and any disputes that arise from those interactions with other Users. Incus Inc is not obliged but may monitor disputes between Users.

· Because Incus Inc is not responsible for or involved in any contact between Students, Parents and Tutors or in the assessment or provision of Tutor Packages, in the event that you have a dispute with one or more Users, you hereby release Incus Inc (and our officers, directors, agents, investors, subsidiaries, employees, contractors and any other third parties related to the Services) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.

· If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

XI. CODE OF CONDUCT

· We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it's better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves on our Platform.

1. No Illegal Activity: This is about as simple as it gets. Do not use the Incus Platform for any illegal activity. Period. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)

2. No Fraud: Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity

3. No Bad Code: Do not use the Incus Platform to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner

4. No Spamming: Seriously. No one likes spam. We don't like spam. We're pretty sure that you don't like your inbox cluttered with spam. You may not use the Incus Platform to engage in any activities that will result in sending spam to anyone on the Incus Platform, including Incus (and its employees), Creators, and Students

5. Be Civil: We mean this. We're an open platform allowing myriad subject matters to be taught. Not all Content is for everyone. But the one thing we can all agree on is that when we use the Incus Platform, we are going to be civil and respectful at all times

6. No Exploitation: You will not use the Incus Platform to try to gather personal information on anyone, outside of the limited permissible uses for offering your Content

7. No Impersonation of Incus or its Employees: Imitation is the sincerest form of flattery, but not when it comes to representing that You are a part of Incus. You will not impersonate Incus or any of its employees

8. No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods; and

9. No Use Other Than Intended: You may not use the Platform, or any content contained on the Platform for any purposes other than intended

· If You violate this Code of Conduct, we reserve the right to remove You and any of Your Content from the Incus Platform. Whether conduct violates our Code of Conduct will be determined in Incus's sole discretion.

· Incus at its sole discretion may process any audio or audio-visual content uploaded by you to the Incus Platform to confirm if the same is in accordance with the Incus internal quality requirements and is compatible with the Incus Platform.

· Incus does not endorse any User Content submitted on the Incus Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Incus expressly disclaims any and all liability in connection with User Content. Incus does not permit copyright infringing activities and infringement of intellectual property rights on the Incus Platform, and Incus will remove all User Content if properly notified that such Content infringes on another's intellectual property rights. Incus reserves the right to remove User Content without prior notice if it has reason to believe that the User Content infringes any copyright.

XII. LIMITS

· While using the Services, you agree that you will:

1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, tax laws etc.;

2. Provide accurate information to us and keep it updated;

3. Use the Platform Services including Website, Incus Quiz App and Train App in a manner that is lawful, relevant and proper to the applicable laws.

· Any use of the Website that Incus Inc, in its sole discretion, found inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice.

· While using the Services, you agree that you shall not manipulate the price of any goods or services offered within the Services, in any manner.

· Furthermore, you shall not disrupt or otherwise interfere in any way with any other User's use of the Services. By accessing our Services or any chat room, online discussion forum, or other Service provided through our Platform that allow Users to communicate to other Users ("Public Areas").

You agree to be abided by the following standards of conduct and You agree that You will not, and will not authorize or facilitate any attempt by another person to use our Website to:

1. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Incus Inc
2. Circumvent or manipulate our fee structure, the billing process, or fees owed to Incus Inc or the Tutor; fail to deliver payment for items purchased by you, unless the Tutor of such Tutor Package has materially changed the package's description, a clear typographical error is made, or you cannot reach the Tutor; Fail to deliver Tutor Packages purchased from you, unless the Student or Parent fails to meet the posted terms, or you cannot reach the Student or Parent;
3. Manipulate the price of any item or interfere with other Users' Listings;
4. Use a name or language that Incus Inc, in its sole discretion, deems offensive;
5. Post false, inaccurate, misleading, defamatory, or libellous content (including personal data);
6. Post hateful or racially or ethnically objectionable Content;
7. Post Content which infringes another's copyright, trademark or trade secret;
8. Advertise or offer to sell any goods or services for any commercial purpose through the Service on Incus Platform which are not relevant to the services offered through the Incus Platform Service;
9. Post unsolicited advertising or unlawfully promote products or services;
10. Take any action that may undermine the feedback or ratings system when it becomes available (such as displaying, importing or exporting feedback information from the Incus Platform or using it for purposes unrelated to Incus Inc);
11. Harass, threaten or intentionally embarrass or cause distress to another person or entity.
12. Impersonate another person;
13. Promote, solicit, or participate in any multi-level marketing or pyramid schemes;
14. Exploit children under 18 years of age;
15. Engage in disruptive activity such as sending multiple messages in an effort to monopolize your position;
16. Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use;
17. Introduce viruses, worms, Trojan horses and/or harmful code to the Incus Platform;
18. Obtain unauthorised access to any computer system through the Incus Platform ;
19. Transfer your Incus Inc account (including feedback) and Login Credentials to another party without our consent;
20. Harvest or otherwise collect information about Users, including email addresses, without their consent;
21. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 18 years of age);
22. Solicit personal data from children under 18 years of age;
23. Violate any federal, state, local, or international law or regulation;
24. Encourage conduct that would constitute a criminal or civil offense.

All submissions made to Public Areas will be public, and Incus Inc will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.

XIII. TUTORS AND LEARNING CONTENT CREATORS INTRODUCTION VIDEO AND PROFILE PICTURE

· Tutors and Learning Content Creators grant Incus Inc the rights to use Tutor's and and Learning Content Creators Introduction video and profile picture for marketing, advertising or promotional purposes. Incus Inc may publish Tutor's and Learning Content Creators Introduction videos and profile pictures to our official channels in third-party social media advertising system, video hosting and streaming services, such as YouTube, Vimeo, Facebook or others, as to ensure accessibility and visibility to Incus Inc students regardless of location.

· You may always request to remove any Introduction videos published to our official channels in third-party social media, video hosting and streaming services by writing to support@incus.online

XIV. QUIZ TOURNAMENTS AND SHORT LEARNING VIDEOS CONTENT

· While we're on the subject of ground rules, we should also discuss what content is prohibited on the Incus Platform. For a number of reasons, there are certain subject matter types that we simply will not allow to be published in Your Content on Incus.

Incus reserves the right to remove You and Your Content should Your Content contain material (determined, in our sole discretion) that is libellous, slanderous, pornographic, obscene, unlawful, threatening, defamatory, or otherwise objectionable or violates any party's intellectual property or any other part of this Agreement

XV. SERVICES

· Incus may provide the opportunity for Learning Content Creators and Tutors to sell offerings ("Services") to Students on the Platform .All Services shall be covered by this Agreement and are included in the definition of Content. Should the Services involve any third-party content,

· You agree that Incus is not responsible in any way for such content and makes no representations or guarantees as to its merchantability or fitness of use. The delivery of the Services is the sole responsibility of the Creator.

XVI. INTELLECTUAL PROPERTY AND YOUR CONTENT

· In operating our Platform, it's important for us to make it clear who owns what. You are trusting us with your content and consistent with Incus's genuine belief in transparency we want to make it simple for You to know exactly what You are getting into when You join the Incus community.

· Incus Content: Content on the Platform, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "Incus Content", and is and remains the sole property of Incus. Incus Content, including our trademarks, may not be modified by You in any way

· Your Content: Content that You upload to the Platform including 3 Minute Learning Videos and Multiple Choice Questions (MCQs) in Quiz Tournaments is and remains Your content. Incus does not claim any intellectual property rights over the materials You upload to the Incus Platform by virtue of Your use of our services. By uploading your content to the Incus Platform, You agree that:

1. Incus may review Your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Incus has no obligation to review anything that You upload
2. You are uploading Your content to the Incus Platform at Your direction and that Incus does not in any way certify or provide approval or permission prior to You uploading Your content
3. Incus may display Your content to other users (e.g. Your Students) via the Incus Platform
4. You agree that by uploading Your content to Our Platform, You are allowing Us to store Your Content
5. You agree to provide Incus with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use (e.g, to display or transmit) Your Content in furtherance of the Incus Services (In other words, because You own Your Content, You have to give Us permission to display it, or to use it for internal operational purposes, like storing it on Our servers)
6. You are responsible for and own, or have the rights to use, all of Your Content
7 . Incus sells Paid Subscription to students and Learners to access Your content and at no obligation to pay you any Royalty .

XVII. CONTENT FREE OF INFRINGEMENT OF ANY THIRD-PARTY RIGHTS

· You agree that Your Content does not infringe upon anyone else's intellectual property rights and that you have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.

· In plain language, this means that if you're using someone else's work (including videos, text, charts, PowerPoints etc.) in your Content, you've gotten the content owner's permission to use it. You wouldn't want anyone selling any of Your Content without Your permission. If You are going to use something that You didn't create, make sure You can demonstrate that You have the right to use it before You make it a part of Your Content

· Furthermore, you confirm that the User Content uploaded by you is not:
1. False, inaccurate or misleading;
2. Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
3. Violate any law, statue, ordinance or regulation;
4. defamatory, unlawfully threatening or unlawfully harassing;
5. obscene or contain pornography.
6. Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

· You understand and confirm that you shall not during your use of the Incus Platform at any time post or publish any content, comments or act in any way which will amount to harassment of any other User, whether a learner or an educator. If at any given point it comes to the notice of Incus that you are engaged in any kind of harassment of other Users, then in such a case you agree that Incus shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.

· Incus at its sole discretion may process any audio or audio-visual content uploaded by you to the Incus Platform to confirm if the same is in accordance with the Incus internal quality requirements and is compatible with the Incus Platform.

· Incus does not endorse any User Content submitted on the Incus Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Incus expressly disclaims any and all liability in connection with User Content. Incus does not permit copyright infringing activities and infringement of intellectual property rights on the Incus Platform, and Incus will remove all User Content if properly notified that such Content infringes on another's intellectual property rights.

· Incus reserves the right to remove User Content without prior notice if it has reason to believe that the User Content infringes any copyright

XVIII. INCUS'S GENERAL RIGHTS IN OPERATING ITS PLATFORM

· Incus reserves the following rights over the entire Incus Platform:

1. Incus may modify, terminate, or refuse to provide Incus Services at any time for any reason, without notice
2. Incus may remove anyone from the Incus Platform at any time for any reason, solely in Incus's discretion. This right is not modified by any other section of this Agreement
3. Incus may, but has no obligation to, monitor any content that appears on the Incus Platform or review any conduct occurring through the Platform, including any interactions between Creators and Students and Incus employees
4. Incus reserves the right to modify, suspend, or alter its refund policy, at its sole discretion
5. If You close Your account or terminate Your Courses, Incus may keep a copy of Your content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law
6. Incus reserves the right to remove You and Your Content without warning if You violate any of the provisions of this Agreement
7. Incus has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time
8. Incus will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
9. User Content is provided to you on an AS IS basis. You may access Content for your information and personal use solely as intended through the provided functionality on the Incus Platform and as permitted under these Terms and Conditions. You shall not download any User Content unless you see a "download" or similar link displayed by Incus on the Incus Platform for that User Content.
10. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein without the prior written consent of Incus or the respective licensors of the User Content. Incus and its licensors reserve all rights not expressly granted in and to the Incus Platform and the User Content.
11. Incus has the right to reject, cancel, interrupt, remove, or suspend any class, comment, or other posted comment at any time and for any reason
Incus is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

XIX. INCUS'S RIGHTS TO CONTENT YOU POST

· You retain ownership of content you post to our platform, including your courses. We're allowed to share your content to anyone through any media, including promoting it via advertising on other websites.

· The content you post as a student or Tutor or Learning Content Creator (including courses) remains yours. By posting courses and other content, you allow Incus to reuse and share it but you do not lose any ownership rights you may have over your content. If you are an Tutor or Learning Content Creator, be sure to understand the course licensing terms that are detailed in the Learning Content Creator Terms below .

· When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Incus to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.

· In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Incus for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

XX. YOU USE INCUS AT YOUR OWN RISK

· Anyone can use Incus to create and publish MCQ Quiz Tournaments and 3 Minute Short Learning Videos and we enable Tutors and Content Creators and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use Incus at your own risk.

· Our platform model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of Learning content. We do not exercise any editorial control over the Learning content that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the Learning content. If you enroll in a course, you rely on any information provided by an Tutor at your own risk.

· By using the Services, you may be exposed to Learning content that you consider offensive, indecent, or objectionable. Incus has no responsibility to keep such Learning content from you and no liability for your access or enrolment in any course, to the extent permissible under applicable law. This also applies to any Learning content relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of Learning content, and by viewing or Playing on such Learning content you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your viewing or Playing such Learning content.

· When you interact directly with a student or a Tutor or Learning Content Creator, you must be careful about the types of personal information that you share. While we restrict the types of information Tutors may request from students, we do not control what students and Tutors or Learning Content Creators do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.

· We do not hire or employ Tutors and Learning Content Creators nor are we responsible or liable for any interactions involved between Tutors and Learning Content Creators and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of Tutors or students.

·When you use our Services, you will find links to other websites that we don't own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies

YOU AGREE THAT IN NO EVENT WILL INCUS BE LIABLE (Y) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF INCUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR (Z) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE INCUS SERVICES



XXI. SPECIFIC RULES FOR TEACHERS,TUTORS,LEARNING CONTENT CREATORS

· When you publish a Learning Content on Incus, you agree to the following rules:

1. You will honour any enrolments through Incus at the price and time listed in the Service, and not to refuse enrolments or participation by any student for any discriminatory or other illegal reason.

2. You grant us the right to place advertisements on your Learning content at our sole discretion.

3. Any Learning content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material.

4. You represent and warrant to Incus that you are qualified to teach the classes that you list with the Service and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.

5. You understand that, if you teach a class, post a Learning Video, Quiz Tournament your students will have the ability to post a review of this class. We cannot control the contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.

6. You may choose to remove content from your class and will continue to own such content, but we will continue to have the right to use that content and to provide it to students who have paid for or enrolled in your class.

7. You grant us full ownership of any Learning Video, Quiz Tournament content that we have filmed or created for you. It is at our sole discretion to remove, add, or edit that video content , Quiz Tournament.

8. You agree that you will not submit content to Incus that violates the Incus Community and Class Guidelines, which may be occasionally updated.

9. Incus reserves the right to, but is under no obligation, to delete the listing of any class, lesson or course or Video or Quiz Tournament at any time and for any reason.

XXII. CREATING OR PARTICIPATING IN A QUIZ TOURNAMENTOR LEARNING VIDEO ON INCUS

· These Terms of Service and the Governing Documents are in addition to any agreements, releases or other documents (the "Learning Content Agreements") that a teacher or Learning Content Creator and student may enter into in connection with a Learning Video Viewing or Playing a Quiz Tournament, including any Course Agreements entered into through the Service. Students and teachers, Learning Content Creators and are each responsible to the other for complying with the terms of the Learning Content and Course Agreements, but Incus has no control over either party's compliance. Among other things, Incus cannot control (a) the provisions of the Learning Content and Course Agreements, (b) the accuracy or legality of the Learning Content and Course Agreements or (c) any party's performance of its obligations under the Learning Content and Course Agreements Accordingly, Incus shall not be held responsible for any liability arising out of the Learning Content and Course Agreements or any actions that you may take in reliance thereon, and is not a party to any transaction between you and any other user. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE INCUS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "INCUS PARTIES") FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE COURSE AGREEMENTS OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE (WHETHER A STUDENT OR TEACHER OR LEARNING CONTENT CREATOR). YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

· Your Learning Video,Quiz Tournament created or participation in a Quiz Tournament or viewing Learning Video is at your sole risk. Incus does not supervise classes and is not involved in any way with the actions of any individuals (whether students or teachers) at any class. As a result, we have no control over the identity or actions of the individuals who are viewing or Playing at these classes, and we request that our users exercise caution and good judgment when participating in Classes and Courses. You acknowledge and agree that by participating in any class (whether as a student or teacher) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any class. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE INCUS AND EACH OF THE OTHER INCUS PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A STUDENT OR TEACHER. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

XXIII.WEBSITE CONTENT

· Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms. The "Content" means all information, text, materials, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services. The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes. You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:

· The Content may be used solely for internal informational purposes. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose;

· The Content may not be modified;

· Copyright, trademark, and other proprietary notices may not be removed.

· Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.

XXIV. CONTENT SUBMITTED BY USERS

· We are not responsible or liable for the conduct of Users or for views, opinions and statements expressed in Content submitted for public display through our Website. We do not pre screen information posted online. We are acting as a passive conduit for such distribution and may not be responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by Users are those of the respective author(s) or distributor(s) and not of Incus Learning. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content.

· You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from Your uploading, posting or submission of Content to this Website.

· We have the right, but not the obligation, to randomly monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms and any other applicable rules that we may establish, as well as for the purpose of Services' improvement.

· We have the right in our sole discretion to edit or remove any material submitted to or posted through this Website. Without limiting the foregoing, we have the right to remove any material that Incus Learning, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable, and You are solely responsible for the Content that You post to this Website.

XXV. LINKS TO THIRD-PARTY WEBSITES

· The Website may contain links to non-Incus Inc websites. These links are provided to You as a convenience and/or ancillary for the Services use, and Incus Inc is not responsible for the content of any linked website.

· Any non-Incus Inc website accessed from the Services is independent from Incus Learning, and Incus Inc has no control over the content of that website. In addition, a link to any non-Incus Inc website does not imply that Incus Inc endorses or accepts any responsibility for the content or use of such website. Use of any third-party website is subject to its terms of service and privacy policy. We request that our Users exercise caution and good judgment when using third-party websites.

XXVI. ADVERTISEMENT

· As user, you are giving consent to Incus to include your content in advertisements for the products and services of third parties to others .

· Incus Inc may run advertisements and promotions from third parties on the Website and Mobile Apps Incus Quiz and Train App. Your correspondence or business dealings with, or participation in promotions of advertisers other than Incus Inc found on or through the Website, and Mobile Apps Incus Quiz and Train App 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.

· Incus Inc is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Incus Inc advertisers on the Website, and Mobile Apps Incus Quiz and Train App.

XXVII. NO IMPLIED ENDORSEMENTS

· In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Incus Inc of that third party or of any product or service provided by a third party. Likewise, a link (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) to any third-party website does not imply that we endorse or accept any responsibility for the content or use of such a website.

· Incus Inc does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

XXVIII. SCOPE OF SERVICE

· Incus Inc maintains this Website, and Mobile Apps Incus Quiz and Train App as a service to the user community that visits the Website and Mobile Apps Incus Quiz and Train App subject to these Terms. You are responsible for obtaining any equipment and Internet service necessary to accessing our Services and for paying any fees for the equipment and Service You select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice.

· The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. We may provide access to third party services and products from time to time or to our own products or Services. You acknowledge that the Website and any mobile applications are evolving and that the form and nature of the Website or mobile applications, including the Services, may change from time to time without notice to you.


XXIX. RELATIONS BETWEEN INCUS INC AND USERS

· The Services are not an employment service and Incus Inc does not serve as an employer of any User unless separately subject to a signed, written employment contract. Users may use Incus Inc Services only for non-commercial, personal use or for the purpose of delivery of personal services to own clients and subject to these Terms.

· As such, Incus Inc will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of Services or Users' services. You understand and agree that if Incus Inc is found to be liable for any tax or withholding tax in connection with your use of Users' services, then you will immediately reimburse and pay to Incus Inc an equivalent amount, including any interest or penalties thereon.

· In all cases of use of this Website and Mobile Apps Incus Quiz and Train App Users are acting as independent contractors and not as Incus Learning's or any other party's employee, agent, franchisee or servant. Accordingly, you will be solely responsible for all costs incurred by you or your organization. You shall not hold yourself out as having authority to make contracts or promises on behalf of Incus Learning.

XXX. ASSIGNMENT

· You may not assign or transfer these Terms in whole or in part to any third party. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees, and permitted assigns.

XXXI. FEEDBACK

· You acknowledge and agree that we may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services (the "Feedback") and public feedback from Users with whom you have transacted.

· Feedback regarding Incus Inc. By submitting any Feedback you provide us a written consent to use your Feedback in improvement and promoting the Services; you agree that submitting a Feedback is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone.

· You further acknowledge that, by accepting your Feedback submission, Incus Inc does not waive any rights to use similar or related ideas previously known to Incus Inc, or developed by its employees, or obtained from sources other than you. You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancement and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, or without it in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

· Feedback Regarding Users. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that Incus Inc may calculate a composite feedback number based on these individual ratings.

· Tutors and Learning Content Creators agree to be rated by Students, Learners along several criteria, as determined by Incus Inc. Incus Inc provides its automatic feedback and rating system as a means through which Users can express their opinions publicly, and Incus Inc does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to Incus Inc's attention.

· You may be held legally responsible for damages suffered by other Incus Inc Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Incus Inc is not legally responsible for any feedback or comments posted or made available on this Website by any Users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Service.

XXXII. NOTIFICATIONS

· Unless you otherwise indicate in writing, Incus Inc will communicate with you by email, regular mail or by posting communications on this Website or Mobile Apps Incus Quiz and Train App . You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when we send it to the email address you have provided to Incus Inc on this Website, Mobile Apps Incus Quiz and Train App or when we post such communication on this Website, Mobile Apps Incus Quiz and Train App. You should keep your email address updated on this Website, Mobile Apps Incus Quiz and Train App and you should regularly check this Website, Mobile Apps Incus Quiz and Train App for postings.

· If you fail to respond to an email message from Incus Inc regarding violation, dispute or complaint within 2 (two) business days, we will have the right to terminate or suspend your use of Services. All notices to Incus Inc intended to have a legal effect concerning this Agreement must be in writing and delivered either in person or by means evidenced by a delivery receipt, to the following address: Incus Inc 350 Parsippany Rd Apt#7, Parsippany-Troy Hills, NJ 07054, United States

· To stop receiving specific communications from Incus Inc, please, submit a notification to us in order to change the types and frequency of such communications.

XXXIII. TERMINATION

· We may terminate any User's access to our Website, or Mobile Apps Incus Quiz and Train App in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate Users who violate these Terms, as deemed appropriate in our sole discretion. We may also delete or ban access to or use of all related information and files. Incus Inc will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information.

· You may terminate this Agreement at any time by ceasing all use of the Service and/or deleting your account.

· In case you are not using your account for more than 180 (one hundred eighty) days following the last payment and\or last activity on Incus Inc, your account will be considered expired and gets deleted. Along with your account all personal data processed by Incus Inc will be erased and Incus Inc will have no obligation to provide any refund.

· Even after your right to use the Services is terminated or suspended, this Agreement will remain enforceable against you.

XXXIV. INTELLECTUAL PROPERTY RIGHTS

· All intellectual property in the design and layout of this Website, Software and the material and information published on its pages, Mobile Apps Incus Quiz and Train App belongs to and is vested in Incus Inc or its licensors. You may not copy any part of this Website, Mobile Apps Incus Quiz and Train App or otherwise do anything in relation to any part of the Website, Mobile Apps Incus Quiz and Train App. You may not otherwise use or reproduce any of this Website, or Mobile Apps Incus Quiz and Train App or the material contained within it in any manner other than those listed above without first obtaining the prior written permission of Incus Inc.

· Unless otherwise noted, all Content contained on this Website is the property of Incus Inc and/or its affiliates or licensors and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.

· The service marks and trademarks of Incus Inc, including without limitation Incus Inc and the Incus Inc logos are service marks owned by Incus Inc. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

· Incus Inc grants you permission (which may be revoked at any time for any reason or no reason) to use the Website and the Software, Mobile Apps Incus Quiz and Train App for the Services as provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. Incus Inc reserves all of its statutory and common law rights against any person or entity who violates this paragraph.

· You may not link or frame to any pages of the Website, Mobile Apps Incus Quiz and Train App or any content contained therein, whether in whole or in part, without prior written consent from Incus Inc. You may like or follow Incus Inc or share links to the Website via social networking technology referenced on the Website, Mobile Apps Incus Quiz and Train App. Any rights not expressly granted herein are reserved.

· Except as expressly authorized by Incus Inc or by Content Creators, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.

XXXV. COPYRIGHT INFRINGEMENT. DMCA NOTICE

· Since we respect content owner rights, it is Incus Inc's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that any materials on our Services infringe your copyright, you may request that they be removed. Please notify Incus Inc's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, your request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Website, Mobile Apps Incus Quiz and Train App;
4. Information reasonably sufficient to permit Incus Inc to contact you, such as your address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
· The above information must be submitted to the following DMCA Agent: Attn: DMCA Notice Incus Inc. Address: 350 Parsippany Rd Apt#7, Parsippany-Troy Hills, NJ 07054, United States Email : support@incus.online

· UNDER UNITED STATES LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEY'S FEES.

· Please note that this procedure is exclusively for notifying Incus Inc and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Incus Inc's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice.

· It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

· In accordance with the DMCA and other applicable laws, Incus Inc may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

· Incus policy to deal with Copyright infringements

o We follow a 3 strike policy- Three instances brought to our notice will lead to the Learning Content Creator getting banned from our platform. He also will waive right to any compensation or monetary benefit that he might be posed to receive

§ First case of violation- The educator, Learning Content Creator is given a warning and is suspended for a week from making any new Learning Content like 3 Minute Videos and Quiz Tournaments and all instances of copyright violations are brought down immediately.

§ Second case of violation- The educator, , Learning Content Creator is suspended from making any more Learning Content like 3 Minute Videos and Quiz Tournaments on the platform for a month and all instances of copyright violations are brought down immediately.

§ Third violation- The educator, , Learning Content Creator is banned from the platform and will be unable to make any more courses in the future and all instances of copyright violations are brought down immediately.

XXXVI. CONFIDENTIALITY

· You may obtain direct access via the use of the Services to certain confidential information of Incus Inc, its affiliates or Users, including but not limited to personally identifiable information, technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You agree to hold Confidential Information in strict confidence and not use the Confidential Information except for the purposes set forth in these Terms and not disclose such confidential information to any third party. All right, title and interest in the Confidential Information remains with Incus Inc, its affiliates and its Users.

·No obligation is imposed upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from Incus Inc, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Incus Inc adequate to afford Incus Inc the opportunity to object to the disclosure.

XXXVII. DISCLAIMER OF WARRANTY

USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. INCUS INC DISCLAIMS ALL LIABILITY IN CONNECTION WITH ANY INTERACTIONS, CORRESPONDENCE, TRANSACTIONS, AND OTHER DEALINGS THAT YOU HAVE WITH ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION STUDENTS, PARENTS OR TUTORS FOUND ON OR THROUGH THE WEBSITE (INCLUDING ON OR VIA LINKED WEBSITES OR ADVERTISEMENTS) ARE SOLELY BETWEEN YOU AND THE THIRD PARTY (INCLUDING ISSUES RELATED TO THE CONTENT OF THIRD-PARTY ADVERTISEMENTS, PAYMENTS, SERVICES, DELIVERY OF GOODS, WARRANTIES (INCLUDING PRODUCT WARRANTIES), PRIVACY AND DATA SECURITY, AND THE LIKE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION IN ANY CONTENT ON THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS WEBSITE, MOBILE APPS INCUS QUIZ AND TRAIN APP.

YOU ACKNOWLEDGE THAT THE WEBSITE, MOBILE APPS INCUS QUIZ AND TRAIN APP AND ALL SERVICES, TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE, MOBILE APPS INCUS QUIZ AND TRAIN APP ARE PROVIDED "AS IS" AND ARE BASED IN PART ON LISTINGS PROVIDED BY TUTORS, WHICH ARE NOT VERIFIED BY INCUS INC, AND THAT ANY TUTOR PACKAGES, LISTINGS OR OTHER CONTENT ACQUIRED THROUGH THE USE OF THE WEBSITE, MOBILE APPS INCUS QUIZ AND TRAIN APP IS AT YOUR SOLE RISK AND DISCRETION. INCUS INC AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY RESULTS GENERATED THROUGH THE USE OF THE WEBSITE. WE PROVIDE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, INCUS INC DOES NOT WARRANT THAT: (I) THE INFORMATION AVAILABLE ON THIS WEBSITE, MOBILE APPS INCUS QUIZ AND TRAIN APP IS FREE OF ERRORS; (II) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE, MOBILE APPS INCUS QUIZ AND TRAIN APP WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE, MOBILE APPS INCUS QUIZ AND TRAIN APP OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER INCUS INC NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN USERS.

INCUS INC AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL DATA SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

IN ADDITION, NOTWITHSTANDING ANY FEATURE A STUDENT OR PARENT MAY USE TO EXPEDITE TUTOR SELECTION, EACH STUDENT OR PARENT IS RESPONSIBLE FOR SELECTING THEIR TUTOR AND NEGOTIATING A CONTRACT AND INCUS INC DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A STUDENT OR PARENT AND DOES NOT RECOMMEND ANY PARTICULAR TUTOR. INCUS INC DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY TUTOR'S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.

XXXVIII. LIMITATION OF LIABILITY

(a) Disclaimer. IN NO EVENT SHALL INCUS INC BE LIABLE TO ANY USER OF THIS WEBSITE, MOBILE APPS INCUS QUIZ AND TRAIN APP OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE, MOBILE APPS INCUS QUIZ AND TRAIN APP OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

(b) Limitation. YOU AGREE INCUS LEARNING'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITE, MOBILE APPS INCUS QUIZ AND TRAIN APP ,THE SOFTWARE, THE SERVICES, THE CONTENT, OR ANY LISTING OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED EXCEED THE AMOUNT OF USD 10 (UNITED STATES DOLLARS TEN)

(c) Waiver of Class Action. ANY CLAIMS BROUGHT BY YOU OR INCUS INC MUST BE BROUGHT IN THAT PARTY' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

XXXIX. EXCLUSIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

XL. INDEMNIFICATION

By using the Services, you agree to indemnify, hold harmless and defend Incus Inc and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with Your use of the Services, including but not limited to ( a) acts and/or omissions on or off the Website, Mobile Apps Incus Quiz and Train App; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Website, Mobile Apps Incus Quiz and Train App; (c) breach of these Terms; (d) disputes with or between other Users; (e) use and/or misuse of the Website, Mobile Apps Incus Quiz and Train App including without limitation any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including without limitation such websites' availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third party payment processing services; (m) use of phone support services; and/or (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the Website, Mobile Apps Incus Quiz and Train App. You further agree that you will cooperate as requested by Incus Inc in the defense of such claims. Incus Inc reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of Incus Inc without the written consent of Incus Learning.

XLI. DISPUTE RESOLUTION AND GOVERNING LAW

Any controversy, claim, suit, injury or damage arising from or in any way related to the Site, its use, its Tutor, Learning Content Creator conduct, or the Terms shall be settled by binding arbitration in accordance with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. and before a single arbitrator chosen by CEO and Founder Member of Incus Inc. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted in in Parsippany,New Jersey, USA and arbitration award shall be final and binding on the parties. Each party shall assume its own costs of arbitration.

· All the transactions conducted through this Site shall be subject to exclusive jurisdiction of court at Parsippany, New Jersey, USA alone.

XLIII. NON-SOLICITATION

· Without limitation, the Services may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through Incus Inc without express written permission from Incus Inc.

· You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of Incus Inc.

XLIV. HEADINGS

· The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.

XLV. ENTIRE AGREEMENT. SEVERABILITY

· These Terms, together with any amendments and any additional agreements you may enter into with Incus Inc in connection with the Services, shall constitute the entire agreement between you and Incus Inc concerning the Services. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

XLVI. CONTACTS

· For additional information and in case you have any questions about these Terms, please contact support@incus.online



SEPTEMBER, 16 / 2020
Why wait, call us today or WhatsApp your interest to and we schedule a Call with Incus Support Team Executive.

E-mail: support@incus.online
Phone: +91-9888424240
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