Terms of Use

These Terms of Use ("Terms") constitute a legally binding agreement between Topseer Tech Private Limited ("Company", "we", "us", or "our"), a company incorporated under the Companies Act, 2013, with its registered office at Property No - 44, 2nd Floor, Regal Building, Connaught Place, Delhi - 110001, and any individual ("you", "your", or "User") who accesses or uses the 1Quest platform, including its website, mobile application, and all related services (collectively, the "Platform").

By accessing or using the Platform in any manner - whether by browsing, registering, subscribing, or otherwise - you confirm that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and Refund and Cancellation Policy, which are incorporated herein by reference.

If you do not agree with any part of these Terms, you must not access or use the Platform.

1. Introduction

These Terms of Use ("Terms") constitute a legally binding agreement between Topseer Tech Private Limited and any individual who accesses or uses the 1Quest platform. By accessing or using the Platform in any manner, you confirm that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and Refund and Cancellation Policy. If you do not agree with any part of these Terms, you must not access or use the Platform.

2. Definitions

"Content" means all forms of media, including text, graphics, images, audio, video, data, software, and any other materials available on or through the Platform.

"Platform Content" means all Content that is owned by, created by, or licensed to the Company and made available on the Platform, including but not limited to software, design elements, user interface, text, graphics, logos, and any other proprietary materials.

"Services" means the subscription-based services, tools, features, and functionalities offered through the Platform, as described on the Platform from time to time, including any updates, modifications, or additions thereto.

"Subscription" means a paid plan that grants you access to certain Services for a specified billing cycle (monthly or quarterly), subject to these Terms and the Refund and Cancellation Policy.

"Usage Limits" means the limits on usage of certain features or Services as specified on the Platform, within your subscription plan, or as set out in Section 7 of these Terms.

"User Content" means any Content that a User posts, uploads, submits, or transmits on or through the Platform, if and when such functionality is made available.

3. Eligibility

3.1. The Platform is available only to individuals who are 18 years of age or older and are legally competent to enter into a binding agreement under Indian law.

3.2. By agreeing to these Terms, you represent and warrant that you meet the eligibility requirements stated above, and that the information you provide to us during registration and use of the Platform is accurate, current, and complete.

3.3. We reserve the right to refuse access to the Platform or terminate your account if we have reason to believe that you do not meet the eligibility criteria, or that any information provided by you is inaccurate, incomplete, or misleading.

4. Account Registration and Security

4.1. Certain features and Services on the Platform may require you to create a registered account. You agree to provide accurate and complete information during registration and to keep this information up to date.

4.2. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at help@1quest.app if you become aware of any unauthorised access to or use of your account.

4.3. You may not create more than one account on the Platform. We reserve the right to suspend or terminate duplicate accounts without prior notice.

4.4. We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials, or from any unauthorised use of your account.

5. Subscriptions, Billing, and Payments

5.1. The Platform operates on a subscription model with monthly and quarterly billing cycles. Details of available plans and their pricing are displayed on the Platform.

5.2. All prices are displayed in Indian Rupees (INR) and are inclusive of applicable Goods and Services Tax (GST), unless stated otherwise. You acknowledge that applicable taxes may be collected from you at the time of payment.

5.3. All subscriptions auto-renew at the end of each billing cycle unless cancelled by you prior to the renewal date. In accordance with the Reserve Bank of India's framework on recurring payments, we will notify you at least 24 hours before each auto-renewal charge.

5.4. Payment is processed through third-party payment gateways. We do not store your complete payment instrument details on our servers. Your use of the payment gateway is subject to the gateway provider's terms and conditions.

5.5. If a payment fails due to insufficient funds, an expired payment instrument, or any other reason, we may reattempt the charge or suspend your access until payment is successfully processed.

5.6. Cancellations and refunds are governed by our Refund and Cancellation Policy, which forms an integral part of these Terms. You are advised to read it carefully before subscribing.

6. Use of the Platform

6.1 Permitted Use

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform and the Services solely for your personal, non-commercial purposes, in accordance with these Terms.

6.2 Prohibited Conduct

You agree that you will not, directly or indirectly:

• Use the Platform or Services for any purpose that is unlawful, fraudulent, or prohibited by these Terms or applicable law.
• Copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Platform Content, except as incidentally necessary for ordinary use of the Platform.
• Use any automated means, including bots, scrapers, crawlers, or scripts, to access, collect data from, or interact with the Platform or Services.
• Attempt to gain unauthorised access to any part of the Platform, other user accounts, or any systems or networks connected to the Platform.
• Interfere with, disrupt, or place an unreasonable burden on the Platform, its servers, or the networks connected to the Platform, including through the use of viruses, malware, denial-of-service attacks, or similar harmful means.
• Probe, scan, or test the vulnerability of the Platform or any system or network connected to the Platform, or breach any security or authentication measures.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software used in the Platform or Services.
• Use the Platform to transmit or distribute unsolicited advertisements, spam, or promotional materials.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Use the Platform in any manner that could damage, disable, overburden, or impair the Platform, or interfere with any other party's use of the Platform.
• Use the Platform to collect, store, or process personal information of other users without their consent and without a lawful basis.
• Use or display the Company's name, trademarks, logos, or any proprietary information without our prior written consent.
• Use the Platform or Services in any manner that violates any applicable law or regulation, including but not limited to the Information Technology Act, 2000 and rules thereunder.

6.3. We reserve the right to investigate any suspected violation of these Terms and to take appropriate action, including suspending or terminating your account, removing Content, and reporting violations to law enforcement authorities.

7. Fair Usage Policy

This Section sets out the fair usage terms that apply to your Subscription and use of the Platform. The purpose of this policy is to ensure that all users have equitable access to the Platform and its resources, and to protect the integrity and performance of the Services.

7.1 Single-User Licence

7.1.1. Each Subscription is a single-user, personal licence issued to the individual who registered the account. You may not share, transfer, sublicense, or otherwise allow any other person to use your account, login credentials, or Subscription to access the Platform or Services.

7.1.2. Account sharing - whether with family members, friends, colleagues, or any other individuals - constitutes a material breach of these Terms and may result in immediate suspension or termination of your account without a refund.

7.2 Concurrent Device and Session Limits

7.2.1. You may access the Platform on a maximum of 3 (three) devices concurrently at any given time under a single account. This includes any combination of mobile devices, tablets, desktop computers, or other internet-enabled devices.

7.2.2. If we detect access from more than 3 concurrent devices or sessions, we may automatically log you out of one or more sessions, restrict access until the number of active sessions falls within the permitted limit, or take any other action we deem appropriate to enforce this limit.

7.2.3. Patterns of access that suggest account sharing - such as simultaneous sessions from geographically distant locations, unusually high numbers of device changes, or other anomalous access patterns - may be treated as a violation of Section 7.1 above.

7.3 Feature Usage Limits

7.3.1. Certain features and Services on the Platform are subject to Usage Limits, which may include but are not limited to limits on the number of requests, queries, computations, downloads, or other interactions within a given time period.

7.3.2. Usage Limits applicable to your Subscription will be communicated through: (a) the plan description or pricing page at the time of subscription, (b) the Platform's user interface or dashboard, (c) documentation or help resources on the Platform, or (d) direct communication from us.

7.3.3. We reserve the right to introduce, modify, or adjust Usage Limits from time to time. Any material changes to Usage Limits applicable to your existing Subscription will be communicated to you at least 15 (fifteen) days in advance and will take effect from the start of your next billing cycle.

7.3.4. If you reach or exceed a Usage Limit during a billing cycle, we may, at our discretion: (a) notify you via email or in-app notification; (b) throttle or restrict access to the affected feature; (c) suspend the specific feature for which the limit has been exceeded while keeping the rest of your Subscription active; or (d) recommend that you upgrade to a higher-tier plan.

7.3.5. We will not terminate your account solely for exceeding a Usage Limit, unless the excess usage is part of a pattern of abuse, is in conjunction with a violation of Section 6.2 or Section 7.1, or is causing material harm to the Platform's performance or availability for other users.

7.4 Prohibition on Commercial and Bulk Use

7.4.1. Your Subscription is intended for personal, individual use only. You may not use the Platform or Services, or any output or data obtained from the Platform, for any commercial, business, institutional, or resale purpose, unless we have explicitly authorised such use in writing.

7.4.2. Without limiting the generality of the above, the following are expressly prohibited: (a) reselling, redistributing, or sublicensing access to the Platform or any part of the Services; (b) using the Platform to provide services to third parties, whether for a fee or otherwise; (c) systematically downloading, extracting, or accumulating Platform Content or output for use outside the Platform; and (d) using the Platform in connection with any automated workflow or integration not expressly authorised by us.

7.5 Monitoring and Enforcement

7.5.1. We may monitor usage of the Platform through automated systems to detect violations of this Fair Usage Policy, including concurrent session monitoring, usage pattern analysis, and device fingerprinting. Such monitoring will be conducted in accordance with our Privacy Policy.

7.5.2. If we detect or reasonably suspect a violation, we will follow a graduated response approach: (a) Warning - a written notification informing you of the suspected violation and requesting compliance; (b) Restriction - temporary restriction of specific features or concurrent sessions; (c) Suspension - temporary suspension of your account pending investigation; or (d) Termination - permanent termination of your account, in accordance with Section 13, if the violation is severe, repeated, or remains unresolved.

7.5.3. We reserve the right to skip any step in the graduated response if the nature or severity of the violation warrants immediate action.

7.5.4. No refund will be issued for any period of restriction, suspension, or termination resulting from a violation of this Fair Usage Policy.

8. User Content

8.1. The Platform may, from time to time, enable you to post, upload, submit, or transmit User Content. If and when such functionality is made available, the provisions of this Section shall apply.

8.2. By submitting User Content on or through the Platform, you grant the Company a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to use, reproduce, modify, adapt, distribute, display, and perform such User Content in connection with the operation and promotion of the Platform and the Services.

8.3. You represent and warrant that you own or have the necessary rights, licences, and permissions to submit the User Content, and that your User Content does not infringe, misappropriate, or violate the intellectual property, privacy, or other rights of any third party, or violate any applicable law.

8.4. You agree that your User Content will not contain material that is: (a) defamatory, obscene, pornographic, abusive, harassing, or hateful; (b) fraudulent, false, misleading, or deceptive; (c) harmful to minors; (d) in violation of any applicable law, including the Information Technology Act, 2000; or (e) otherwise objectionable, as determined by us in our sole discretion.

8.5. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein. We reserve the right, but have no obligation, to monitor, review, or remove User Content at our sole discretion and without prior notice.

9. Intellectual Property

9.1. The Platform and all Platform Content - including but not limited to software, code, design, text, graphics, logos, icons, images, user interface, and any other proprietary materials - are the exclusive property of the Company or its licensors, and are protected by applicable intellectual property laws, including the Copyright Act, 1957, the Trade Marks Act, 1999, the Patents Act, 1970, and other applicable laws in India and internationally.

9.2. Nothing in these Terms grants you any right, title, or interest in or to the Platform Content or any intellectual property of the Company, except for the limited licence to use the Platform as expressly set out in Section 6.1.

9.3. You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary notices displayed on or within the Platform.

9.4. All third-party trademarks, trade names, logos, and proprietary designations referenced on the Platform are the property of their respective owners.

10. Disclaimers

10.1. The Platform and the Services are provided on an "as is" and "as available" basis, without any warranties of any kind, whether express, implied, or statutory.

10.2. To the fullest extent permitted by applicable law, the Company disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment.

10.3. We do not warrant that: (a) the Platform or Services will be uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Platform or Services will be accurate or reliable; (c) the quality of the Platform or Services will meet your expectations; or (d) any defects or errors in the Platform or Services will be corrected.

10.4. Any advice, information, or guidance obtained through the Platform does not create any warranty not expressly stated in these Terms.

11. Limitation of Liability

11.1. To the fullest extent permitted by applicable law, the Company and its directors, officers, employees, agents, affiliates, and partners ("Company Parties") shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, data, goodwill, business opportunity, or any other intangible loss, arising out of or in connection with: (a) your use of, or inability to use, the Platform or Services; (b) any unauthorised access to or use of your account or data; (c) any conduct or content of any third party on or through the Platform; (d) any content obtained from the Platform; or (e) any breach of these Terms.

11.2. In no event shall the total aggregate liability of the Company Parties to you for all claims arising out of or relating to these Terms, the Platform, or the Services exceed the total amount paid by you to the Company in the 12 (twelve) months immediately preceding the event giving rise to the claim, or INR 5,000 (Indian Rupees Five Thousand), whichever is greater.

11.3. The limitations of liability set out in this Section apply regardless of the legal theory on which the claim is based, whether in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if the Company has been advised of the possibility of such damages.

11.4. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable Indian law, including liability under the Consumer Protection Act, 2019 to the extent applicable.

12. Indemnification

12.1. You agree to indemnify, defend, and hold harmless the Company and the Company Parties from and against all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your access to or use of the Platform and Services; (b) your breach of these Terms or any applicable law; (c) your User Content, if any; (d) your infringement or violation of any intellectual property, privacy, or other right of any third party; or (e) any dispute between you and any other user of the Platform.

12.2. The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you. You agree to cooperate with the Company in the defence of any such claim.

12.3. The obligations under this Section shall survive the termination of these Terms and your cessation of use of the Platform.

13. Termination and Suspension

13.1. These Terms remain in effect for as long as you access or use the Platform. For registered users, these Terms remain in effect until your account is terminated in accordance with this Section.

13.2. Termination by you: You may terminate your account at any time by using the account deletion functionality on the Platform, or by writing to us at help@1quest.app. Termination of your account does not entitle you to a refund of any subscription fees already paid.

13.3. Termination or suspension by us: We may, at our sole discretion, and without prior notice, suspend, restrict, or terminate your account or access to the Platform or any part thereof, if: (a) you breach any provision of these Terms, including the Fair Usage Policy under Section 7; (b) we are required to do so by law, a court order, or a governmental authority; (c) we reasonably believe that your conduct may cause harm to the Company, other users, or third parties; or (d) for any other reason, including discontinuation of the Platform or any Service.

13.4. Upon termination of your account, your right to access and use the Platform and Services will immediately cease. Provisions that by their nature should survive termination shall continue to remain in effect, including Sections 9 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 16 (Governing Law and Dispute Resolution).

14. Grievance Redressal

If you have any grievance, complaint, or concern regarding the Platform, the Services, or these Terms, you may contact our Grievance Officer:

We will acknowledge your grievance within 48 (forty-eight) hours and aim to resolve it within 15 (fifteen) days from the date of receipt.

You may also report any Content on the Platform that you believe violates these Terms, applicable law, or the rights of any person by writing to us at help@1quest.app.

15. Modifications to These Terms

15.1. We reserve the right to modify, amend, or update these Terms at any time. Any changes will be communicated to you via email or through a prominent notice on the Platform at least 15 (fifteen) days before the revised Terms take effect.

15.2. The "Last Updated" date at the top of these Terms indicates when the most recent revision was made.

15.3. Your continued use of the Platform after the revised Terms take effect constitutes your acceptance of the changes. If you do not agree with the revised Terms, you must discontinue your use of the Platform and terminate your account.

16. Governing Law and Dispute Resolution

16.1. These Terms shall be governed by and construed in accordance with the laws of India, without regard to any principles of conflict of laws.

16.2. Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of this arbitration clause, shall be resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be conducted before a sole arbitrator mutually appointed by the parties. The seat and venue of the arbitration shall be Delhi, India, and the language shall be English. The arbitral award shall be final and binding on both parties. Each party shall bear its own costs of the arbitration, unless the arbitral award provides otherwise.

16.3. Jurisdiction. Subject to the arbitration clause above, any disputes or proceedings that are not subject to arbitration shall be subject to the exclusive jurisdiction of the courts at Delhi, India.

17. General Provisions

17.1. Entire Agreement. These Terms, together with the Privacy Policy and the Refund and Cancellation Policy, constitute the entire agreement between you and the Company regarding your use of the Platform and Services, and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written.

17.2. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms without affecting the validity or enforceability of the remaining provisions.

17.3. No Waiver. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of the Company.

17.4. Assignment. You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of the Company. The Company may assign or transfer these Terms without restriction.

17.5. Force Majeure. The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, epidemics or pandemics, government actions, power outages, fire, flood, or disruptions to internet or telecommunications infrastructure.

17.6. Notices. All notices to the Company under these Terms should be sent to help@1quest.app. Notices from the Company to you will be sent to the email address or phone number associated with your registered account and shall be deemed delivered upon transmission.

17.7. Survival. The provisions of Sections 7, 9, 10, 11, 12, 16, and 17 shall survive the termination or expiry of these Terms.

Contact Us

If you have any questions or concerns about these Terms, please contact us at: