Terms of service

PLEASE READ THE TERMS OF SERVICE THOROUGHLY AND CAREFULLY.

This Terms of Service agreement was last updated on 14th of May, 2025.

FITPASS Elite Brands Private Limited (“Company”) primarily operates, controls and manages the Services (as defined below) provided by it from its principal place of business 1st Floor, Plot no. 02, Block - 3E, Jhandewalan Ext., New Delhi, Delhi - 110055 (“Registered Office”).

Acceptance of Terms

The terms and conditions set forth below (“Terms of Service”) and the Privacy Policy (as defined below) constitute a legally binding agreement between Company and you. These Terms of Service contain provisions that define your legal rights and obligations with respect to your use of and participation in (i) the STOGA mobile application and website, including the various functionalities, Internet links, the products offered by STOGA on the platform and Company’s services available through the platform called Platform (collectively referred to herein as "Platform"), and (ii) the purchases of Platform Products (as defined hereunder) made by the users of Platform (each, an "User") (such services, collectively, the "Services"). The Terms of Service described below incorporate the Privacy Policy and apply to all Users of Platform. Platform is owned and operated by Company.

You acknowledge that Platform serves as a unique shopping platform (“STOGA Products”), (ii) provides the User with the option to purchase the Platform Products on the Platform, and (iii) provides Users the opportunity to participate in different programmes run by Platform from time to time such as Platform Loyalty Programme and, by using, visiting, registering for, and/or otherwise participating in Platform, including the Services presented, promoted, and displayed on Platform, and by clicking on "I have read and agree to the terms of use," you hereby certify that: (1) you have the authority to enter into these Terms of Service, (2) you authorize the transfer of payment for Services requested through the use of Platform, if applicable, and (3) you agree to be bound by all terms and conditions of these Terms of Service and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using Platform. If you do not agree to any of the provisions set forth in the Terms of Service, kindly discontinue viewing or participating in Platform immediately.

YOU SPECIFICALLY AGREE THAT BY USING PLATFORM, YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT OR IN THE ALTERNATIVE, YOUR LEGAL GUARDIAN HAS AGREED TO ENTER INTO THIS CONTRACT ON YOUR BEHALF AND YOUR USAGE OF PLATFORM IS UNDER SUPERVISION OF SUCH LEGAL GUARDIAN.

All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in Platform in any manner. If you use Platform or open an Account (as defined below) on behalf of a non-individual entity or group, you represent and warrant that you have the authority to bind that entity or group and your acceptance of the Terms of Service will be deemed an acceptance by that entity or group and "you" and "your" herein shall refer to that entity or group.

MODIFICATIONS TO TERMS OF SERVICE AND/OR PRIVACY POLICY

The Company reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Service, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and the Company will post the amended Terms of Service on Platform. It is your responsibility to review the Terms of Service for any changes and you are encouraged to check the Terms of Service frequently. Your use of Platform following any amendment of the Terms of Service will signify your assent to and acceptance of any revised Terms of Service. If you do not agree to abide by these or any future Terms of Service, please do not use or access Platform.

The Company has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Service set forth herein. Your use of Platform is governed by the Privacy Policy.

The Privacy Policy is located at Privacy policy – Stoga.

Membership and Accessibility

LICENSE TO ACCESS

The Company hereby grants you a non-exclusive, revocable license to use Platform as set forth in the Terms of Service; provided, however, that (i) you will not copy, distribute, or make derivative works of Platform or Platform Products in any medium without Company's prior written consent; (ii) you will not alter or modify any part of Platform other than as may be reasonably necessary to use Platform for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Service and in accordance with all applicable laws. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Platform.

MEMBERSHIP ELIGIBILITY CRITERIA

Use of Platform is available only to individuals who are (i) at least 18 years old and can form legally binding contracts under applicable law, or in the alternative (ii) under 18 years of age, but their legal guardians have agreed to enter into contract on their behalf and your usage of Platform is under the supervision of such legal guardian. You represent, acknowledge, and agree that you are at least 18 years of age or your legal guardian has entered into a contract on your behalf, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of Platform and Services offered through Platform do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.

You need not register with Company to make a purchase of the Platform Products. However, you will need to provide certain information such as your name, address, phone number, payment details etc. in order to purchase a Platform Product. Alternatively, for easy access to the Platform and to be a part of the programmes run by Platform from time to time such as the Platform Loyalty Programme, you will need to create a password-protected account along with an OTP authentication ("Account"). To create an account, you must submit your name and email address through the account registration page on Platform and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Company in providing you with a more customized experience when using Platform.

You are solely responsible for safeguarding your Platform Password ("Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Company immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without Company’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of Platform and/or the Services offered through Platform.

You hereby expressly acknowledge and agree that you yourself and not Company will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Company or others due to such unauthorized use.

You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):

You will not copy or distribute any part of Platform in any medium without Company's prior written authorization.
You will not alter or modify any part of Platform other than as may be reasonably necessary to use Platform for its intended purpose.
You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access Platform for any purpose without Company's prior written approval.
You shall not in any manual or automated manner collect Users’ information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Platform information or content, including but not limited to, use on a "mirrored", competitive, or third-party site.
You shall not in any way that transmits more request messages to Platform servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Platform reserves the right to revoke these exceptions either generally or in specific cases.
You shall not recruit, solicit, or contact in any form Users for employment or contracting for a business not affiliated with Company without express written permission from Company.
You shall not take any action that (i) unreasonably encumbers or, in Company's sole discretion, may unreasonably encumber the Platform's infrastructure; (ii) interferes or attempts to interfere with the proper working of Platform or any third-party participation in Platform; or (iii) bypasses Company's measures that are used to prevent or restrict access to Platform.
You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from Platform, nor to use the communication systems provided by Platform for any commercial solicitation purposes.

ADDITIONAL POLICIES

Your access to, use of, and participation in Platform is subject to the Terms of Service and all applicable Company regulations, guidelines and additional policies that Company may set forth from time to time, including without limitation, a copyright policy, shipping policy, refund policy and any other restrictions or limitations that Company publishes on Platform (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, Company in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.

Use of Platform

PROHIBITIONS ON SUBMITTED CONTENT

The User shall use the Services available on Platform subject to the following. You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, software, or live stream incorporating all or some of the foregoing, to any part of Platform, or the posting of any opinions or reviews in connection with Platform, the Services, Platform Products, the Users (all of the foregoing content is collectively referred to herein as "Submitted Content" and the posting of Submitted Content is referred to as a "Posting" or as "Postings") that:

misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any User; provides or create links to external sites that violate the Terms of Service; is intended to harm or exploit any individual under the age of 18 ("Minor") in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
contains falsehoods or misrepresentations that could damage Company or any third party;
is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Company all of the license rights granted herein;
contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Company employee, agent, manager, host, another user, or any other person though any means;
advertises or solicits a business not related to or appropriate for Platform (as determined by Company in its sole discretion);
contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
distributes or contains viruses or any other technologies that may harm Company, or the interests or property of Platform users;
contains links to commercial services or websites, except as allowed pursuant to the Terms of Service; is non-local or irrelevant content;
contains identical content to other Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Company.

NO DISCRIMINATION

Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Company will not knowingly accept any Posting which is in violation of the law. Company has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is in any way in violation of any law.

While using Platform, you shall not:

violate any laws, third-party rights, Account Policies, or any provision of the Terms of Service, such as the prohibitions described above;
circumvent or manipulate the fee structure, the billing process, or fees owed to Company, if any;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Platform User);

The foregoing lists of prohibitions provide examples and are not complete or exclusive. Company reserves the right to (a) terminate your access to your Account, your ability to post to Platform (or use Services) and (b) refuse, delete or remove, move, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Company determines is inappropriate or disruptive to Platform or to any other user of Platform and/or Services. Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Company's discretion, Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on Platform or on the Internet. The Company does not and cannot review every Posting posted to Platform. These prohibitions do not require Company to monitor, police or remove any Postings or other information submitted by you or any other user.

Rules for Users

Subject to any exceptions set forth in these Terms of Service or Additional Policies, if any, Users shall not:

(a) include brand names or other inappropriate keywords in their Postings;

(b) include any information in their Profile that is fraudulent.

(d) use their Postings to promote services not offered on or through Platform and/or prohibited services;

(e) solicit Users to mail cash or use other payment methods not specifically permitted by Company as approved payment methods;

(f) include links that do not conform to Company’s policies with respect to third-party links;

(g) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings;

(h) use profanity in any Posting;

(i) include third-party endorsements in a Posting;

In case Company realizes that any User is involved in any of the above activities, Company holds the sole discretion to (i) blacklist the User and withhold any outstanding payments if any or (ii) cancel the Posting, or (iii) limit User’s Account privileges; or (iv) suspend the Account.

Services

PURCHASE OF STOGA PRODUCTS

You can browse the product catalogue available on the STOGA, Platform and make selection for your desired product, color and size. After making the selection, you can either add the selected product to the cart and proceed to complete the purchase or you can keep the product in your wishlist and make the purchase at a later point of time subject to the availability of the product at such time.

PAYMENT

Payment for the purchase of a Platform Product can be made through different payment methods available at Platform including online payment and cash on delivery (COD). While availing any of the payment methods offered on the Platform, Platform will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to, (i) lack of authorization for any transaction, or (ii) exceeding the preset limit mutually agreed by you and between your bank(s), or (iii) any payment issue arising out of the transaction, or (iv) decline of transaction for any other reason(s). All payments made by you shall be compulsorily in Indian Rupees. Platform does not accept any other form of currency with respect to the purchases made on Platform.

SHIPPING

The shipping of Platform Products shall be as per the shipping policy of Company available at Shipping policy – Stoga . Company reserves the right, in its sole discretion, to change, modify, or otherwise amend the shipping policy from time to time.

RETURN, EXCHANGE AND REFUND

The return, exchange and refund of a Platform Product is governed by the return, exchange and refund policy of Company available at Refund policy – Stoga . Company reserves the right, in its sole discretion, to change, modify, or otherwise amend the return, exchange and refund policy from time to time.

CUSTOMER SUPPORT

Company has a dedicated customer support team to answer the queries and resolve issues of a User. In case of any query or issues, you can reach out to the customer support team through multiple touch points available on the Platform including through chat, WhatsApp, widget, call etc. You can also raise your grievances/ issues outside the Platform through various social media channels of Company such as through Instagram, Twitter, Linkedin etc. The customer support team usually endeavours to get back to a User within 48 (forty-eight) hours, however, occasional delay may be caused due to certain factors.

Modifications to or Termination of Platform

MODIFICATION OR CESSATION OF PLATFORM

Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Platform (or any part thereof) with or without notice and in its sole discretion. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of Company services.

TERMINATION BY Company

You hereby acknowledge and agree that the Company, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel Platform or otherwise terminate your access to or participation in the use of Platform (or any part thereof), or remove and discard any Submitted Content on Platform ("Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if Company believes or has reason to believe that you have violated any provision of the Terms of Service.

TERMINATION BY YOU

You may cancel your use of the Platform and/or terminate the Terms of Service with or without cause at any time by following the link in your Account under "Account Preferences" to "Delete Account."

EFFECT OF TERMINATION

Upon termination of your account, your right to participate in Platform, including, but not limited to, your right to utilize the Services shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of Platform, your adherence to the Terms of Service, the continuous activation of your Account, and your permitted participation in Platform. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Platform system.

Unless Company has previously cancelled or terminated your use of Platform (in which case subsequent notice by Company shall not be required), if you provided a valid email address during registration, Company will notify you via email of any such termination or cancellation, which shall be effective immediately upon Company's delivery of such notice.

Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Company Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Company shall not be liable to you or any third party for any termination of your access to Platform. Upon Termination of Service, Company retains the right to use any data collected from your use of Platform for internal analysis and archival purposes, and all related licenses you have granted Company hereunder shall remain in effect for the foregoing purpose. In no event is Company obligated to return any Submitted Content to you or take the same down.

You agree to indemnify and hold Company, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.

Intellectual Property Rights

COMPANY OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON PLATFORM

The content on Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Company. Other trademarks, names and logos on Platform are the property of their respective owners.

All intellectual property rights in Platform Products are solely owned by Company.

Data on Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Company reserves all rights not expressly granted in and to Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through Platform for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of Platform or the Data therein.

COMPANY'S LICENSE TO YOU FOR THE USE OF DATA AND MARKS

Platform contains Company's Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and Company owns and retains all rights in Company Data and Marks. Subject to these Terms of Service, Company hereby grants you a limited, revocable, nontransferable, non-sublicensable license to reproduce and display the Company Data (excluding any software source code) solely for your personal use in connection with accessing and participating in Platform.

Platform may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

Company Fees

Currently, browsing Platform, joining Platform, opening an Account, posting Submitted Content and viewing the same is free. However, Company reserves the right at its sole discretion to charge fees to the Users for services that Platform may provide in the future. In particular, Platform may at its sole discretion introduce new services and modify some or all of the existing services offered on Platform. In such an event, Platform reserves, without notice to you, the right to introduce fees for the new services offered on amend/ introduce fees for the existing services, as the case may be. Change to the fees and related policies shall automatically become effective once implemented on Platform.

If applicable, you agree to pay all fees or charges to your Account based on Company's fees, charges, and billing terms then in effect. If you do not pay on time or if Company cannot charge your credit card, any payment gateway or other payment method for any reason, Company reserves the right to either suspend or terminate your access to Platform and Account and terminate these Terms of Service. You are expressly agreeing that Company is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of Platform.

Platform Products are chargeable and the same shall be clearly mentioned on the Platform, so you can view the charges and accordingly decide whether you are desirous of purchasing the Platform Products or not. Platform reserves the right to apply applicable taxes to the charges for the Platform Products including but not limited to GST.

Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to users of Platform. Further, you understand that Company shall not be responsible or liable in any manner in relation to tax liability of an User.

Dispute Resolution

If a dispute arises between you and Company, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Company hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Service or Platform in accordance with this Section J or as we and you otherwise agree in writing.

The parties shall endeavour to settle any Dispute through friendly consultations and negotiations amongst the parties. “Dispute” means any dispute, difference, controversy or question arising in connection with the interpretation, performance, termination of this Terms of Service, or otherwise in connection with Platform. If no settlement can be reached through consultations of the parties within fifteen (15) days of the Dispute, either Party may, by delivering a notice of the Dispute to the other Party, refer such matter to be settled by arbitration by a sole arbitrator to be jointly appointed by the parties to the Dispute.

All arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 which is deemed to be incorporated herein by reference. The award shall be final and binding and may be enforced in any appropriate jurisdiction. The arbitrator shall decide any such Dispute strictly in accordance with the governing law specified in this Terms of Service. When any Dispute is under arbitration, except for the matters under Dispute, the Parties shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under this Terms of Service.

The costs and expenses of the arbitration, including, without limitation, the fees of the arbitration and the arbitrator, shall be borne equally by the parties to the Dispute and each party to such Dispute shall pay its own fees, disbursements and other charges of its counsel, except as may be otherwise determined by the arbitrator. The arbitrator shall have the power to award interest on any sum awarded pursuant to the arbitration proceedings and such sum would carry interest, if awarded, until the actual payment of such amounts.

The seat or legal place of the arbitration shall be New Delhi India. The language to be used in the arbitration shall only be English. Subject to the above, the parties agree to submit themselves to the exclusive jurisdiction of the courts of New Delhi, India. The Terms of Service shall be governed in all respects by the laws of India.

Third-party Links, Contact Forms and Phone Numbers

Platform may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into Platform using your existing account and log-in credentials for such third-party websites. Certain areas of Platform may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on Platform to be shared with your contacts in your third-party site account. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on Platform, links to third-party sites should in no way be considered as or interpreted to be Company's endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. The third-party website may have different privacy policies and terms and conditions and business practices than Company. In certain situations, you may be transferred to a third-party website through a link or connected to a third-party resource by a contact form or phone but it may appear that you are still on Platform or transacting with Company. In these situations, you acknowledge and agree that the third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through Platform with any party other than Company are solely between you and such third parties. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF PLATFORM SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND Company AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH PLATFORM, THE SERVICES OFFERED ON OR THROUGH PLATFORM, STOGA PRODUCTS, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF PLATFORM OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLATFORM, THE SERVICES OFFERED ON OR THROUGH PLATFORM, STOGA PRODUCTS, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON PLATFORM IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF PLATFORM OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH PLATFORM BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PLATFORM, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER OR EXPERT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA PLATFORM. COMPANY DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH PLATFORM OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY.

Company uses reasonable security measures in order to attempt to protect Submitted Content against unauthorized copying and distribution. However, Company does not guarantee that any unauthorized copying, use, or distribution of Submitted Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Company shall not be liable for any unauthorized copying, use, or distribution of Submitted Content by third parties and release and forever waive any claims you may have against Company for any such unauthorized copying or usage of the Submitted Content, under any theory. THE SECURITY MEASURES TO PROTECT SUBMITTED CONTENT USED BY COMPANY HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

Limitations of Liability

IN NO EVENT SHALL Company, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF PLATFORM OR ANY SERVICES OFFERED VIA PLATFORM OR STOGA PRODUCTS; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF PLATFORM OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH PLATFORM BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PLATFORM; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF PLATFORM OR SUBMITTED CONTENT; (VII) ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF PLATFORM; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY PARTY; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF COMPANY, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO PLATFORM, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF MONEY ACTUALLY PAID TO COMPANY BY YOU FOR THE STOGA PRODUCT.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT Company SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER.

PLATFORM MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY COMPANY. COMPANY DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, COMPANY WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING PLATFORM, YOU EXPRESSLY RELIEVE COMPANY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD PARTY WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON PLATFORM.

Force Majeure

Neither Company nor you shall be liable to the other for any delay or failure in performance under the Terms of Service, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, pandemics, epidemics, acts of declared or undeclared war, acts of regulatory agencies or governmental authorities, or national disasters.

Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN PLATFORM; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF SERVICE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF PLATFORM.

IF YOU HAVE A DISPUTE WITH ONE OR MORE PLATFORM USERS, YOU FOREVER RELEASE COMPANY (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF PLATFORM AND/OR ANY SUBMITTED CONTENT.

THE TERMS OF SERVICE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY COMPANY WITHOUT RESTRICTION.

Notice

You agree that Company may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Platform. You may give notice to Company by written communication to the address mentioned at the start of the Terms of Service.

General Information

ENTIRE TERMS OF SERVICE

The Terms of Service, together with the Privacy Policy and any other legal notices or Additional Policies published by Company on Platform, shall constitute the entire agreement between you and Company concerning Platform. If any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.

No waiver of any provision of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

STATUTE OF LIMITATIONS

You agree that any cause of action arising out of or related to Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

SECTION HEADINGS

The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.

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Terms of service