Terms of Service

Last Updated: 25^th July 2024

Please read these terms and conditions (“Terms of Service”) carefully before using the Service.

The Terms of Service govern the relationship between any user or individual (“User” or “You” or “Your” or “Yours”) who has access / browses the Platform or uses any of the Services of HashCode Inc. along with its Affiliates and other group companies worldwide (“Company” or “We” or “Our” or “Us”).

In order to use the Services, you must first agree to the Terms of Service and our Privacy Policy. You can accept the Terms by:

• Clicking to accept or agree to the Terms of Service, where it is made available to you by Company on the Platform for any particular Service; or
• Using the Services. In this case, you understand and agree that We will treat your use of the Services as acceptance of the Terms of Service from that point onwards.

Consent for the Privacy Policy shall be sought independently and as per the terms contained therein.

For the purpose of these Terms of Service, the following terms shall have the meaning as assigned to them:

“Affiliates” means the Company’s directors, associates, group, employees, representatives, subsidiaries, holding companies, and other related entities of the Company.

“Authorized Users” means individuals or entities who have been granted explicit permission by the User to access and use the Services, subject to the terms and conditions outlined in the Terms of Service.

“Developer Tools” shall mean any tool used by software engineers, designers, product managers, and others within an organization to aid in the process of developing an application.

“Minimum Age” means 18 (eighteen) years old. However, if any applicable law requires that You must be older in order for the Company to lawfully provide the Services to You without Parental Consent (including using of Your personal data) then the Minimum Age is such older age.

“Minor” shall mean anyone under the Minimum Age.

“Privacy Policy” means the Company’s policy that outlines how the Company collects, uses, and discloses personal information. The Privacy Policy can be accessed at https://hashcode.one/privacy-policy.

“Platform” shall mean https://hashcode.one, and / or other domains or platforms which may be owned or operated by the Company in the future.

“Services” shall mean Platform, Developer Tools and related services provided by the Company.

“User Content” shall mean all information, data, software, sound, photographs, graphics, video, messages, tags, or other materials that may be sent, uploaded, communicated, transmitted, or otherwise made available via Our Services by You.

By using the Company’s Platform and/ or Services, You certify that You (i) are of the Minimum Age or older; (ii) will use commercially reasonable efforts to ensure, through proper instructions and enforcement actions, that all access to and use of the Service by You or Authorized Users, or otherwise through Your facilities, equipment, identifiers, or passwords, will conform to this Terms of Service and will be made and used solely for proper and legal purposes, and will be conducted in a manner that does not violate any law or regulation, the rights of any third party, or this Terms of Service; (iii) are not already restricted by the Company from using the Services; and (iv) accept Our Privacy Policy and agree to these Terms of Service.

We reserve the right to change, modify or update these Terms of Service and Privacy Policy and/or change, update or discontinue any aspect of the Platform and/ or the Services at any time. Your continued use of the Platform and/ or the Services, as the case may be, after any such change constitutes your agreement to these Terms of Service, as modified. It shall be Your responsibility to check these Terms of Service periodically. You can check the “Last Updated” legend on this Terms of Service page to check the last date on which these Terms of Service were amended.

You have the right to opt-out of agreeing to these Terms of Service, and therefore also using the Platform. If You are not comfortable with any of the Terms of Service or do not wish to be bound by the same, You are at liberty to refrain from using the Platform and the Services. However, please be aware that your use of the Services would mean deemed acceptance of these Terms of Service, the Privacy Policy and its associated policies, including any modifications thereof. As long as you comply with these Terms of Service. Further, if You violate the Terms of Service and/or Privacy Policy in any way, then Your License (defined below) to use the Platform and the Service shall immediately terminate.

For availing Our Service on the Platform, You are required to register yourself on the Platform using Your email ID. You agree to provide true and correct information to Us while registering on Our Platform. You undertake that all the information You provide to Us on accessing and/or using Our Services is and shall remain true, accurate and complete at all times. Creating an account with false information is a violation of the Terms of Service, including accounts registered on behalf of others or persons under the age of 18 years. The Company shall bear no responsibility in case the information provided by You for registering Yourself or provided during the course of using the Services is incorrect / dishonest / fraudulent or a misrepresentation.

You can access Your account on the Platform with a username and password (collectively “Login Credentials”). We are not responsible for the security of Your Login Credentials. We will not be held liable for any instruction / order placed through Your account by using Your Login Credentials which may be unauthorized due to any reason including security breach or leak of information on Your part. You shall immediately inform the Company, through information mentioned under Customer Care under these Terms of Service, of any unauthorized use of Your Login Credentials with full details of such unauthorized use including the date of such unauthorized use and the manner in which it was unauthorizedly used.

Subject to Your compliance with these Terms of Service, The Company grants You a limited, worldwide, royalty-free, non-assignable, non-exclusive, and non-sublicensable license (“License”) to use the Platform solely for the Services.

For a Minor who is accessing, browsing, or using the Company’s Platform, their parent or guardian, under applicable laws, accept and agree to the terms of Our Privacy Policy and Terms of Service (“Parental Consent”). Any access, browsing, or use of the Services by a Minor shall be deemed to have Parental Consent. If You do not have Parental Consent, You are prohibited from using Our Services.

If you are a parent or legal guardian of a minor in your country, by allowing your child to use the Service, you are subject to the terms of this Terms of Service and are responsible for your child’s activity on the Platform and/ or Service.

The Company reserves the right to terminate the Services and the license of any User without giving any reason. If We believe that a User is in breach of any of the terms of this Terms of Service, or any applicable laws, rules, regulations or third-party rights, We may terminate their access to the Service with immediate effect. If You have any dispute with the Company in connection with these Terms of Service, You agree to inform Us in writing and make reasonable efforts to resolve such dispute amicably.

The Company shall have the right to suspend or terminate access to the Services (or any part thereof) or suspend Your account if We believe that You are in breach of any applicable law or any terms of this Terms of Service. If We believe that You have violated or acted inconsistently with any terms of these Terms of Service or applicable laws, We may terminate Your License to use the Services, at Our sole discretion. Any action taken by Us in this regard will be without prejudice to any other rights or remedies We may have under these Terms of Service, or at law or in equity.

You agree that in the event of such termination or suspension, the Company shall not be liable to You or any third party for any termination or suspension of Your access to the Service. If Your access to the Service is terminated, You must cease all use of the Service immediately.

In using the Platform, you agree not to:

• Engage in any unlawful, deceptive, or fraudulent activity.
• Attempt to interfere with or disrupt the Platform or Services.
• Use the Platform or Services for any commercial purposes without Our prior written consent.
• Upload, post, or transmit any content that is defamatory, obscene, or otherwise objectionable.
• Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
• Use any automated means to access the Platform or Services, including but not limited to, bots, spiders, or scrapers.
• Violate any applicable local, state, or national law while using the Platform or Services.

All rights, title, and interest in and to the Platform and Services, including all intellectual property rights, are and shall remain with the Company and its licensors. You acknowledge and agree that the Company owns all rights, title, and interest in and to the Platform and Services, including any and all intellectual property rights. Nothing in these Terms of Service shall be construed as granting you any rights, by license or otherwise, under any intellectual property rights of the Company or any third party.

The Platform and Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Platform or Services will be uninterrupted, error-free, or free of viruses or other harmful components.

To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising out of or in connection with your use of the Platform or Services. In no event shall the Company’s total liability to you for any claim arising out of or in connection with these Terms of Service or your use of the Platform or Services exceed the amount paid by you, if any, for accessing the Platform or Services during the twelve (12) month period preceding the claim.

You agree to indemnify, defend, and hold harmless the Company and its Affiliates, officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Platform or Services, your violation of these Terms of Service, or your infringement of any intellectual property or other rights of any person or entity.

These Terms of Service shall be governed by and construed in accordance with the laws of the state of New York, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the courts located in New York County, New York.

If you have any questions about these Terms of Service, please contact us at [email protected].