The following document outlines the terms of use of the HOURSPARK website. Kindly review our Fair Usage Policy, which outlines our services, and our Privacy Policy, which describes how we handle any personal information provided to HOURSPARK.

The person or legal entity that has subscribed to the HOURSPARK Services under this agreement is referred to as "you" or "your" throughout, and this includes any and all persons and/or legal entities that it is affiliated with, as well as their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, and assigns.

ACCEPTANCE OF TERMS

You must read, comprehend, and consent to these conditions before using any HOURSPARK services. It is only after reading and agreeing to these conditions that you may establish an account. You may use the HOURSPARK services in accordance with the legal agreements described below.

By using HOURSPARK services, you agree to these terms, which HOURSPARK reserves the right to amend at any time. If you disagree with these terms, you are not allowed to use the services.

Zotork Private Limited is the parent company of Toolfe, which owns all associated belongings and pages. Hourspark and all its connected pages are powered by Toolfe. When you visit or use this website, you agree to follow the rules and guidelines set out in these Terms of Use, which are described below. These terms outline how you are allowed to use the website and what responsibilities you have as a user.

Please read these terms carefully before using the services. By accessing the site, viewing any content, or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy Policy, govern our relationship with you in relation to the site. If you disagree with any part of the terms, then you may not access the site.

DESCRIPTION OF SERVICE

The site is an online service that offers AI/ML, Web Development, UI/UX & Graphics, Cloud, Data Analytics, Software Development, E-commerce Solutions listed under the Hourspark.com Services include, but are not limited to, any services and/or resources HOURSPARK provides to you or manages on your behalf, as well as any content that is broadcasted, displayed, or used on the site or in conjunction with the services.

There may be occasions when HOURSPARK is unable to provide you with access to the site or your use of it due to equipment failure, updates, maintenance, repairs, or other reasons. HOURSPARK retains the right, at its sole discretion and without prior notice, to change, suspend, or terminate the availability of the site and/or any service and/or delete any content. In the event of account deletion due to unforeseen circumstances, Hourspark will provide a backup of the Hourspark account to the account holder.

REGISTRATION

As a prerequisite for accessing the services, using the account that HOURSPARK has generated, selecting a password, and submitting registration details are required in order to utilize the services. You must always provide accurate, complete, and current registration information. Failure to do so constitutes a breach of the terms and may result in the immediate termination of your HOURSPARK account.

Use of names that are not legally yours, names or trademarks that are protected by the rights of other persons or organizations without your consent, names that belong to other people or organizations, and names that are generally offensive, vulgar, or obscene are all prohibited as usernames.

Do not give anyone else access to your account details. You undertake to notify HOURSPARK right away of any security breach involving your account. You are solely responsible for maintaining the confidentiality and security of your account, as well as for all actions that take place on or through your account.

HOURSPARK disclaims all liability for any damages resulting from improper use of your account. It is your responsibility to keep your password private and to take full responsibility for any actions taken with your password or with your HOURSPARK account.

Only individuals who are at least eighteen years old and legal entities are eligible to use the services.

PAYMENT

You acknowledge that HOURSPARK may charge you for any additional sums (such as taxes and late fees, if applicable) that may be incurred by or in connection with your account, and that you will pay for the services.

It is your responsibility to ensure that all payments are made on time and to provide HOURSPARK with a legitimate payment method for the payment. In the event of a lapse of payment, the services for your account will be temporarily frozen until the payment is processed.

HOURSPARK reserves the right to modify the prices for the services at any time. In the case of a price drop or promotional offer, the services do not offer price protection or refunds.

USE OF SERVICES AND RENTED CONTENT

You acknowledge that HOURSPARK and its licensors may implement security technology to restrict your use of the Service, and that any other use may result in a copyright infringement. You also agree to use the Service in accordance with the applicable usage regulations.

The Usage Rules are subject to change at any time by HOURSPARK. You undertake not to, for any purpose, seek to bypass, reverse-engineer, decompile, disassemble, or otherwise interfere with any of the security technologies associated with such Usage Rules, nor to assist any other person in doing so.

HOURSPARK reserves the right to enforce the Usage Rules without providing you with prior notice, and HOURSPARK may regulate and monitor the Rules for compliance purposes.

You agree not to use any software other than what HOURSPARK considers appropriate to access the Service.

It is forbidden for you to access or attempt to access an account that you are not authorized to access. Violations of system or network security may subject you to legal or criminal consequences.

RELEASE AND INDEMNITY

You hereby agree to defend, indemnify, and hold HOURSPARK harmless, its affiliated and associated companies, and each of their directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, and assigns from and against any claims, losses, expenses, damages, and costs (including, but not limited to, punitive, consequential, exemplary, and indirect damages), and reasonable attorneys' fees, relating to, resulting from, or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services by you or any person acting on your behalf, using your account or HOURSPARK username and password; or (iii) any material or immaterial violation of any rights, title, or interests of any third party.

By using this form, you hereby specifically and irrevocably release and forever discharge HOURSPARK, its affiliated and associated companies, and each of their directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, and assigns from any and all actions, causes of action, suits, proceedings, liabilities, debts, judgments, claims, and demands whatsoever in law or equity that you have, have had, or may have in the future for or as a result of, or arising directly or indirectly out of your use of the Site and the Services.

LIMITATION OF LIABILITY

In no event shall HOURSPARK be liable to you under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, or common law, with respect to the site, the service, or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.

You understand that your sole remedy for any damages you allege to have sustained as a result of the Services is to cancel your subscription.

HOURSPARK, and their licensees, affiliates, and licensors make no warranties, express or implied, with respect to the services, including, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. Your sole remedy, and our sole liability, shall be your ability to terminate the service effective upon receipt by HOURSPARK of your written notice of termination, to the fullest extent allowed by applicable law.

INTELLECTUAL PROPERTY

HOURSPARK, Hourspark.com, and other Toolfe, Zotork Private Limited - graphics, logos, designs, page headers, button icons, scripts, service names, and any other intellectual property are the sole and exclusive intellectual property of HOURSPARK. HOURSPARK’s intellectual property may not be used in connection with any product or service without the prior written consent of HOURSPARK.

Notwithstanding the foregoing, the images and icons available in the HOURSPARK Press Kit may be used by partners and approved third-party sites in connection with providing appropriate links to the HOURSPARK site.

Hourspark Dashboard

Task requests must be submitted through the proper channels to be received and responded to in a reasonable amount of time. To request tasks, please email Hourspark.com.

Each request is subject to a maximum of 15 hours of development. The effort required for development is exclusively determined by HOURSPARK management. For work outside of the scope of the HOURSPARK’s 15-hour development agreement, HOURSPARK management may provide alternative solutions to the client, including referral to the HOURSPARK partner network.

HOURSPARK provides a support team available 24 hours a day, 7 days a week. Support can be accessed via phone, email, or live chat or Hourspark.com. It provides no guarantee, either express or implied, as to when a support request can or will be resolved.

Your requests are subject to approval by HOURSPARK management or by its assigned agent.

Upon acceptance of the tasks, the parties, namely Hourspark and the client, shall execute a Service Level Agreement (SLA) and a Non-Disclosure Agreement (NDA) to commence the process.

NATURE OF REQUESTS

Requests must fall within the following categories:

• Automation
• No Code Automation
• Hyper Automation
• AI/ML
• Web Development
• UI/UX & Graphics
• Data Analytics
• Cloud
• Data Science
• Software Development
• Mobile App Development
• Project Management
• E-commerce Solutions
• DevOps

If you are unsure whether a request meets these criteria, submit it as a task to our ticketing system. We will assess the feasibility of the request and proceed with managerial approval.

Examples of requests that shall not meet HOURSPARK management approval for support include:

• Custom plugin development
• Custom theme development
• Legacy software
• Illegal activities or applications that are prohibited by law or that infringe upon civil liberties
• Game development
• Any task deemed by HOURSPARK management to exceed 15 hours of effort

OWNERSHIP, TRADEMARKS & PROVIDED assets

You own all graphics and files we create during any month paid in full. You will provide all content/copy to be used in our tasks. You agree that any materials provided are proofed and approved to be used in your tasks and are not owned or trademarked by a different entity. You are responsible for ensuring that any materials provided can be legally used in our tasks.

We are not liable for the materials you provide as it pertains to license or trademark issues, and you represent to HOURSPARK that all materials provided do not infringe on the intellectual property rights of third parties.

You agree to indemnify, defend, and hold HOURSPARK harmless and its affiliates, officers, members, managers, agents, successors, and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.

SAMPLE WORK

By default, you agree to provide HOURSPARK with a non-exclusive right and license to publish your work in our portfolio, social media, or other communication efforts. If you would like to revoke this right, please notify our team in writing at Hourspark.com.

THIRD-PARTY MATERIALS

Certain services available may include materials from third parties. HOURSPARK may provide links to third-party websites as a convenience to you. You agree that HOURSPARK is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that HOURSPARK is not in any way responsible for any such use by you.

TERMINATION & CANCELLATION

Cancellation can occur at any time. You are never required to stay with us – in fact, we prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better.

HOURSPARK may terminate or suspend any and all Services and/or your HOURSPARK account immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

If you wish to terminate your HOURSPARK account, you must contact us with your termination request with a notice period of no less than 2 business days before the end of your account’s billing period. Upon termination of your account, your right to use the Services will cease at the end of the current billing period immediately following your termination request unless notified otherwise by HOURSPARK.

If you choose not to make use of the Services for the duration of the notice period, it shall not absolve you of your obligation to pay fees for the remainder of the notice period or entitle you to a refund of any fees already paid.

You can contact us through the contact page or support area to issue a termination request.

CHANGE

HOURSPARK reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, HOURSPARK will notify you by posting an announcement on the site. What constitutes a material change will be determined at HOURSPARK’s sole discretion.

You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

MISCELLANEOUS

No agency, partnership, joint venture, or employment is created because of the Terms, and you do not have any authority of any kind to bind HOURSPARK in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

HOURSPARK shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond HOURSPARK’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including “line-noise” interference).

If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. HOURSPARK may transfer, assign, or delegate the Terms and its rights and obligations without your consent.

The Terms shall be governed by and construed in accordance with the laws of India, as if made within India between two residents thereof, the parties submit to the exclusive jurisdiction of Indian courts. Both parties agree that the Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Terms, and that all modifications must be in writing signed by both parties, except as otherwise expressly provided herein.

DATA PROCESSING ADDENDUM

Handling of Personal and Private Details

We are committed to protecting your personal and private details. All data collected by Hourspark is handled in compliance with the applicable data protection laws of the concerned geographical locations, including but not limited to the Digital Personal Data Protection Act, 2023 (India), General Data Protection Regulation (GDPR) (EU), and California Consumer Privacy Act (CCPA) (California).

Definitions

The following definitions apply to this DPDP:

Data Security

We are committed to safeguarding your personal and private details. This Privacy Policy governs how HOURSPARK, an entity established in India, complies with relevant data protection laws applicable to your jurisdiction.

Compliance with Geographical Laws

All personal data collected by us is processed in conformity with pertinent data protection regulations of the respective jurisdictions, including but not limited to:

• Digital Personal Data Protection Act, 2023 (India)
• General Data Protection Regulation (GDPR) (EU)
• California Consumer Privacy Act (CCPA) (California)

Purpose of Data Collection

We collect personal data for the following purposes:

• Account Creation: To facilitate and manage your account on our platform.
• Service Provision: To deliver, personalize, and enhance our services for your benefit.

The types of personal data we collect encompass [specific data types, e.g., name, email address, contact details, payment information].

User Rights and Consent

By utilizing our services, you expressly consent to the collection and utilization of your personal data as detailed in this policy. You retain the right to access, rectify, erase, and transfer your data, as well as withdraw your consent at any time.

Data Security and Protection

We implement industry-standard security measures to safeguard your personal data against unauthorized access, alteration, disclosure, or destruction. Your data is securely stored and processed in adherence with applicable legislation.

Data Breach Notification

In the unlikely event of a data breach, we will promptly notify affected individuals and relevant authorities in accordance with legal obligations.

Grievance Redressal Mechanism

For queries or concerns regarding data handling practices, please contact our designated Data Protection Officer at Hourspark.com. We are committed to resolving grievances expeditiously and in compliance with prevailing laws.

Limitation of Liability

HOURSPARK disclaims liability for direct, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, revenues, data, use, goodwill, or other intangible losses, arising from:

• Your access to or use of our services.
• Third-party conduct or content on our services, including offensive, defamatory, or illegal conduct.
• Unauthorized access, use, or alteration of your transmissions or data.

Indemnification

You agree to indemnify, defend, and hold harmless HOURSPARK, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, including reasonable legal fees, arising from:

• Your use of our services;
• Violation of these terms;
• Infringement of any third-party rights, including privacy or intellectual property rights;
• Non-compliance with applicable laws.

Updates to the Privacy Policy

We reserve the right to periodically update this Privacy Policy to reflect changes in our practices or legal requirements. We will notify you of significant changes through appropriate means.

Data Protection Impact Assessment

If we determine or become aware that our processing of Customer data is likely to result in a high risk to the data protection rights and freedoms of data subjects, we will promptly notify you of such risk.

Miscellaneous

Severability: If any provision of these terms is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions shall continue in full force and effect.

Entire Agreement: These terms constitute the entire agreement between you and HOURSPARK regarding the subject matter herein and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, whether written or oral.

Waiver: The failure of HOURSPARK to enforce any right or provision of these terms shall not be deemed a waiver of such right or provision, nor shall a waiver be implied from any conduct of HOURSPARK contrary to the terms.

Assignment: These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HOURSPARK without restriction.

Force Majeure: HOURSPARK shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

Headings: The headings used in these terms are included for convenience only and will not limit or otherwise affect these terms.

Governing Law and Jurisdiction: These terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any legal action or proceeding arising under these terms shall be brought exclusively in the courts located in Chennai, and the parties hereby consent to personal jurisdiction and venue therein.

Processing Duration

Throughout the Term of the Agreement.

Nature and Purpose of the Processing

HOURSPARK will process Personal Data submitted to, stored on, or transmitted via the Service for the purpose of providing the Service and related technical support in accordance with this DPDP.

Categories of Data

Personal data submitted to, stored on, or transmitted via the Service may include, but is not limited to, the following categories: IP addresses, browser agents, email addresses, postal addresses, usernames, passwords, full names, browser and operating system identifiers, and any other personal data that Customer chooses to transmit or provide access to during the course of HOURSPARK's provision of the Service and technical support.

Data Subjects

Personal data submitted, stored, transmitted, or received via the Service may pertain to, but is not limited to, the following categories of data subjects: employees, contractors, and agents of the Customer; personnel of Customer's customers, suppliers, and subcontractors; and any other individuals who transmit data via the Service.