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Terms of Use

Welcome to Ascend Spark!

This website (the “Website”) and the platform (defined below) are owned and operated by Ascend Spark, a marketing agency based in Kathmandu, Nepal (the “Company”). These Terms of Use (this “Agreement”) govern your access to and use of the Website and the software platform and all related documentation and services (the “Platform”).

BY ACCESSING THE WEBSITE, USING THE PLATFORM, AND CONDUCTING TRANSACTIONS WITH THE COMPANY IN CONNECTION WITH THE WEBSITE AND PLATFORM, YOU AGREE TO THE FOLLOWING:

  1. Accepting these Terms: You agree to be bound by the terms of this Agreement, including our Privacy Policy located here.
  2. Age Requirement: You confirm that you are 18 years of age or older.
  3. Binding Agreement: You agree that these Terms of Use apply every time you access the Website or Platform.
  4. Representations and Warranties: You represent and warrant that you have the legal authority to enter into this Agreement.
  5. Disagreement with Terms: If you do not agree to these Terms of Use, you may not access or use the Platform or Website.

License Grant

Subject to the terms of this Agreement, the Company grants you a limited, non-exclusive, and non-transferable license to access and use the Platform for your business purposes only.

Restrictions on Use

You agree not to:

  • Modify, translate, adapt, or reverse engineer the Platform or Website.
  • Remove or alter any trademarks or copyrights from the Platform or Website.
  • Rent, lease, sell, sublicense, or distribute the Platform or Website to any third party.
  • Use the Platform or Website for any unlawful purpose.
  • Transmit any harmful content or viruses.
  • Harm minors in any way.
  • Impersonate any person or entity.
  • Violate the intellectual property rights of any third party.
  • Transmit any confidential information.

Intellectual Property

The Company reserves all right, title, and interest in and to the Platform and Website, including all intellectual property rights.

Feedback

You agree that any suggestions, feedback, or recommendations you provide to the Company regarding the Platform or Website will become the property of the Company.

User IDs and Passwords

Certain areas of the Platform may require a user ID and password. You are responsible for protecting the confidentiality of your login credentials.

Revisions and Modifications

The Company may revise these Terms of Use at any time. You are encouraged to periodically review the Terms of Use for any changes.

Term and Termination

This Agreement commences when you begin using the Platform and continues until terminated by you or the Company.

  • Termination by You: You may terminate this Agreement by discontinuing your use of the Platform.
  • Termination by Ascend Spark: The Company may terminate your access to the Platform at any time, for any reason, without notice.
  • Termination Upon Violation: This Agreement will terminate automatically if you violate any of its terms.

Effect of Termination

Upon termination, all rights granted to you under this Agreement will cease, and you must stop using the Platform.

Disclaimer of Warranties

THE PLATFORM AND WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Limitation of Liability

THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR WEBSITE.

Indemnification

You agree to indemnify, defend, and hold harmless the Company from any claims or damages arising out of your use of the Platform or Website.

Reliance on Information

The information presented on the Website or Platform is for general information purposes only and should not be relied upon without consulting with a professional.

Export Regulation

You agree to comply with all applicable export control laws and regulations.

Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.

Governing Law

This Agreement is governed by the laws of Nepal.

Limitation of Time to File Claims

Any claim or cause of action arising out of or related to this Agreement must be commenced within one (1) year after the cause of action accrues.

Linking

The Website may contain links to other websites. The Company is not responsible for the content of any linked websites.

Privacy Policy

Your use of the Website and Platform is subject to our Privacy Policy, which can be found here.

Limitation of Liability

THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR WEBSITE.

Indemnification

You agree to indemnify, defend, and hold harmless the Company from any claims or damages arising out of your use of the Platform or Website.

Reliance on Information

The information presented on the Website or Platform is for general information purposes only and should not be relied upon without consulting with a professional.

Export Regulation

You agree to comply with all applicable export control laws and regulations.

Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.

Dispute Resolution

In the event of any dispute arising out of or relating to this Agreement, the parties agree to attempt to resolve the dispute through good faith negotiations. If the parties are unable to resolve the dispute through negotiation, the dispute shall be settled by binding arbitration in accordance with the rules of a reputable arbitration organization. The arbitration shall be held in Kathmandu, Nepal, and the decision of the arbitrator shall be final and binding on the parties.

Entire Agreement

This Agreement constitutes the entire agreement between you and Ascend Spark regarding the Platform and Website and supersedes any prior