This website and app are operated by Yoda Learning Solutions (Brand Name: Content Beta). Throughout the site, the terms “we”, “us”, “our” and “Content Beta” refer to Content Beta/Yoda Learning Solutions. Content Beta offers this website and app, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These Terms of Service is intended to be read by and pertains to processing of Personal Information provided by Content Beta’s customers and users of contentbeta.com (“user”, “you” or “your”).

Please read these Terms of Service (“Terms” Or “Terms of Service”) carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. This Statement may change from time to time. Your continued use of contentbeta.com after we make changes is deemed to be acceptance of those changes, so please check the Terms of Service periodically for updates. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Content Beta provides video production services and helps software companies by helping them create customer training content to onboard, engage and retain their customers.

  1. DEFINITIONS
  2. For purposes of these Terms, the following terms shall have the following meanings:
    1. “Services” means any and all services provided Content Beta through its website : https://www.contentbeta.com.
    2. “Deliverables” means any tangible property, including software media, delivered to User.
    3. “Project” means the combination of Services and Deliverables to be provided by Content Beta to users.
  1. COPYRIGHT, CONTENT OWNERSHIP AND LICENSE
  2. Any information and/or content provided by you must be true and complete. All content uploaded to Content Beta must comply with Copyright Act, 1957. We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours. Content Beta does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.

    Except for commercial off-the-shelf type products where the license for such products is contained in the applicable Statement of Work, User shall have exclusive unlimited ownership rights to all deliverables developed under agreement with Content Beta All of the foregoing shall be deemed to be work made for hire, except as hereafter specified, and belong to User, with User having the sole right to obtain, hold, and renew, in its own name or for its own benefit, patents, copyrights, registrations, or other appropriate protection.

    User acknowledges that Content Beta uses, or may develop hereunder, methods, concepts, code sequences, format, sequence structure, organization, menu command hierarchy, templates, masks, user interface, techniques, program organization, database structuring techniques, and the like (Content Beta proprietary items) that are proprietary to Content Beta. It is agreed that these Content Beta proprietary items shall remain the sole and exclusive property of Content Beta. Content Beta grants User a perpetual, non-exclusive, paid-up license to use Content Beta ‘s proprietary items subject to the following:

    1. User may use Content Beta’s proprietary items solely in connection with the products purchased hereunder, for the purpose for which those products were originally purchased.
    2. User may not transfer, sell, or otherwise dispose of any Content Beta’s proprietary items without the prior written consent of Content Beta.
    3. This license gives no title or ownership rights in Content Beta’s proprietary items or related intellectual property, to User.
    4. User agrees to retain or reproduce on all copies of any Content Beta’s proprietary items all copyright notices and other proprietary legends and all trademarks or service marks of Content Beta or any third party.
    5. User will have no rights to assign or sell the license granted herein to others.
  1. PAYMENTS
  2. PRICE: Projects will be performed on a firm fixed price in accordance with the price chart on the website. Projects may be performed on fixed price basis or a time and materials basis, as agreed upon between you and Content Beta, which will duly be reflected in writing in the Statement of Work/Contract. Any additional or unscheduled Services or Deliverables to be provided by Content Beta outside of the Statement of Work must be mutually agreed upon in writing signed by you and Content Beta.*

    TAXES: The Price does not include and you will be responsible for all taxes (except taxes on Content Bata’s income) tariffs, and any similar charges imposed upon or related to the Services or Deliverables or their delivery or use. TITLE AND SECURITY INTEREST: Content Beta reserves a purchase money security interest in each Deliverable until payment of the Project Price is received. Customer agrees to sign, upon request, any documents necessary to protect Contractor’s security interest in all Deliverables.

  1. SOFTWARE AND UPDATES
  2. In Content Beta hereby grants you a license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available.
  1. MODIFICATIONS TO THE SERVICE AND PRICES
  2. Content Beta reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice. Content Beta shall not be liable to you or to any third party for any medication, price change, suspension, or discontinuance of the Service.
  1. THIRD PARTY SERVICES
  2. “Third-Party Services” are services that are not provided by Content Beta, but that you may access or use in connection with our Service. These Third Party Services may be used in order to share information to and from our Service. By using our Service, you are agreeing to be bound by the Terms of Service belonging to such External Services. Terms of Service of the respective Third Party Services available in Content Beta include, but are not limited to the following list:
    1. Envato
    2. Google Analytics
    3. Flaticon
    4. Facebook Ads
    5. Google Ads
    6. Vimeo
    7. Synthesia
    Privacy Policies of each of the aforementioned Third Party Services can be found in our Privacy Policy under 'Third Party Services'.
  1. THIRD PARTY WEBSITES
  2. Content Beta may link to external sites that are not under our control. Links to external sites are not endorsements to those external sites and those websites do not follow the same usage terms or privacy policies as Content Beta.
  1. LIMITED LIABILITY
  2. Under no circumstances shall Content Beta, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, goodwill or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Our liability, however, shall be limited to the maximum extent permitted by law.
  1. INDEMNITY
  2. User shall defend, indemnify, and save Content Beta harmless, at Content Beta’s own expense, against any action or suit brought for any loss, damage, expense or liability, including reasonable attorney’s fees, that may result by reason of an infringement of any patent, trademark, copyright, or trade secret based upon the normal and intended use of the services and/or the materials/information/content furnished to Content Beta.

    Should any of the materials/information/content furnished to Content Beta hereunder, become the subject of a claim of any infringement of a patent, trademark, copyright, or trade secret, User shall, at its option and expense, deliver non-infringing material, modify the material so that it becomes non-infringing, or procure for Content Beta the right to continue using Customer’s infringing material.

    User agrees to indemnify and hold Content Beta harmless against all claims, liabilities, demands, damages, or expenses (including attorneys’ fees and expenses) arising out of or in connection with Users’ use of the Deliverables.

  1. WARRANTIES –
  2. Content Beta does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and purchases or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

    Content Beta warrants that with respect to any services provided to User, that Content Beta has the right to transfer title to User. Content Beta further warrants that to its knowledge the Deliverables do not infringe any intellectual property right held by a third party.

    Content Beta DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICES AND DELIVERABLES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST NON-INFRINGEMENT.

    Content Beta expressly does not warrant that the operation of Deliverables which are software shall be uninterrupted or error-free; or that Deliverables will operate on any system, or with any software, other than the system with which the Contractor tested such Deliverables. Content Beta does not warrant any third- party software development tools. Content Beta specifically does not warrant the accuracy of any technical or subject matter content of the courseware or software that is based upon information or direction provided by User.

  1. CONFIDENTIALITY
  2. Content Beta and User acknowledge that during the course of the performance of a Project, information of a confidential nature may be disclosed between the parties. Such information, excluding the Deliverables and any other information incident to the Deliverables that a party could reasonably be expected to be provided to the other party as contemplated hereunder, shall be considered confidential information (“Confidential Information”).

    Neither party has the right to disclose the Confidential Information of the other, in whole or in part, to any third party, and neither party will make use of the Confidential Information of the other for its own or a third party’s benefit or in any way use such Confidential Information other than for the purposes of performance of these Terms, without the prior written consent of the disclosing party.

    Each party agrees to take all steps reasonable to protect the other’s Confidential Information from unauthorized use and/or disclosure. The parties agree not to copy in whole or in part, any Confidential Information nor modify the same in any way without prior written consent from the other party.

    Notwithstanding the foregoing, each party acknowledges that the other party may provide access to and use of Confidential Information relating to the other party to the disclosing party’s employees, contractors, agents, professional advisors or persons performing functions for the purposes of performance of this\Terms OF Services. Such information will be shared to such persons on ‘need to basis’ and such persons will be bound by the terms of Confidentiality under this Terms of Services.

    Neither party will be liable to the other for the disclosure of Confidential Information if, as shown by clear and convincing evidence, the Confidential Information: (a) is generally known to the public at the time of disclosure by the disclosing party; or (b) becomes generally known to the public through no fault of the receiving party; or (c) was lawfully in the possession of the receiving party prior to its disclosure; or (d) is subject to applicable laws of India or a valid court order requiring disclosure of such Confidential Information. Breach of this term is material breach of terms of this Terms of Services. The Content Beta will have right to claim damages from its Customers, for breach of this terms of Confidentiality, according to laws of India.

    In any judicial proceeding, it will be presumed that the Confidential Information in question constitutes protectable trade secrets of the disclosing party, and the receiving party shall bear the burden of proving that the Confidential Information was publicly or rightfully known or disclosed.

  1. PROHIBITED USES
  2. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others or rights of publicity or privacy; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website and app, other website and app, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website or the Internet (l) to threaten or promote violence or actions that are threatening to any person or any entity (m) to collect or store any personally identifiable information from the Services from other users of the Services without their express permission (n) to impersonate or misrepresent your affiliation with any person or entity; We reserve the right to terminate your use of the Service or any related website and app for violating any of the prohibited uses.

    We have the right to investigate violations of these Terms of Services or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

  1. NO WAIVER –
  2. The failure of Content Beta to assert or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Content Beta and govern your use of the Service, superseding any prior agreements between you and Content Beta (including, but not limited to, any prior versions of the Terms of Service).
  1. SEVERABILITY
  2. If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
  1. ENTIRE AGREEMENT
  2. In case there is a failure on our part to exercise or enforce any right or provision of these Terms of Service, it shall not constitute relinquishing of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
  1. GOVERNING LAW AND DISPUTE SETTLEMENT
  2. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration as per the provisions of the Arbitration and Conciliation Act, 1996, and any amended to it from time to time and shall be in jurisdiction located in Mumbai.

    The sole arbitrator shall be appointed mutually by the parties to this Agreement within a period of 30 (thirty) days from the date of request for arbitration made by either party, failing which a sole arbitrator shall be appointed on the application of any party, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English Language.

  1. GENERAL CONDITIONS
  2. Your use of Content Beta is at your sole risk. The service is provided on an “as is” and “as available” basis.

    Technical support will be provided for all users via email.

    You understand that Content Beta uses third party software, vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

    You must not modify, adapt, or hack Content Beta.

    You must not modify another website so as to falsely imply that it is associated with Content Beta.

    You agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the expressed written permission by Content Beta.

  1. GRIEVENCE OFFICER
  2. We may, but have no obligation to, remove content that we determine in our sole discretion are unlawful or violate any third party’s intellectual property or these Terms of Service.

    Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Any queries or questions with regards to the terms of service can be sent on email [email protected] _____ or visit our website contentbeta.com

In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

Name:
Rishabh Pugalia _________
Email: [email protected]

In the event you suffer as a result of access or usage of our Website or app by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.