Terms of Use

These Terms of Use (“Terms”) form a binding legal agreement between you (“you” or “User”) and MaxFate Private Limited (“MaxFate,” “we,” “our” or “us”), governing your access to and use of the website maxfate.com, the product Drishti at drishti.maxfate.com, and any related services, content, applications and platforms made available by MaxFate (collectively, the “Services”).

By accessing or using the Services, you confirm that you have read, understood and agreed to be bound by these Terms and our Privacy Policy and Disclaimer. If you do not agree, you must not use the Services.

1. Definitions

• “Account” means a user account created on the Services.
• “Content” means all text, graphics, images, software, reports, audio, video and other materials made available through the Services.
• “User Content” means any information or material submitted by a User to the Services.

2. Eligibility

The Services are intended only for individuals who are 18 years of age or older and competent to enter into a binding contract under the Indian Contract Act, 1872. By using the Services, you represent and warrant that you meet these criteria.

3. Description of Services

MaxFate is a research-driven company building products at the intersection of behavioral science, predictive analytics and decision intelligence. Drishti is a diagnostic platform that generates personalised reports combining computational analysis with classical Vedic logic. The Services are provided for informational and reflective purposes only and are not a substitute for professional medical, psychiatric, psychological, legal, financial or other regulated advice. See our Disclaimer for further detail.

4. Licence to use

Subject to your compliance with these Terms, MaxFate grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Services for your personal, non-commercial use. All rights not expressly granted are reserved.

5. Accounts and security

You are responsible for: (a) the accuracy of information provided when creating an Account; (b) maintaining the confidentiality of your login credentials; and (c) all activities that occur under your Account. You must notify us immediately of any unauthorised use of your Account by writing to contact@maxfate.com.

6. Acceptable use

You agree not to:

• Use the Services in any unlawful, fraudulent or harmful manner.
• Infringe the intellectual property, privacy, publicity or other rights of any person.
• Upload or transmit any material that is defamatory, obscene, threatening, harassing, hateful, or otherwise objectionable.
• Interfere with or disrupt the integrity, performance or security of the Services or any associated systems.
• Reverse engineer, decompile or attempt to derive the source code of any component of the Services, except to the extent expressly permitted by law.
• Use automated means (bots, scrapers, crawlers) to access the Services without our prior written consent.
• Resell, sublicense or commercially exploit the Services without our prior written consent.
• Use the Services for activities that violate Rule 3(1)(b) of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

7. Intellectual property

All Content, software, designs, trademarks, service marks and trade names appearing in the Services are owned by or licensed to MaxFate and are protected by Indian and international intellectual property laws. The names “MaxFate”, “Drishti” and associated logos are trademarks of MaxFate Private Limited. You may not use them without our prior written consent.

8. User Content

You retain ownership of User Content you submit. By submitting User Content, you grant MaxFate a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, transmit, display and use such User Content solely as necessary to provide and improve the Services. You represent and warrant that you have all rights necessary to grant this licence.

9. Payments, fees and taxes

Certain aspects of the Services may be offered for a fee. Fees, billing cycles and payment methods will be displayed at the point of purchase. All fees are exclusive of applicable taxes, which will be added where required by law. Payments are processed by third-party payment processors; you are subject to their terms in addition to ours. Refunds and cancellations are governed by our Refund & Cancellation Policy (where published).

10. Third-party links and services

The Services may contain links to third-party websites, products or services that are not owned or controlled by MaxFate. We are not responsible for the content, policies or practices of any third party. Your interactions with third parties are solely between you and them.

11. Disclaimers

To the maximum extent permitted by law, the Services and all Content are provided on an “as is” and “as available” basis. MaxFate disclaims all warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy or availability. We do not warrant that the Services will be uninterrupted, error-free, secure, or that any Drishti report or output will produce any particular outcome. Please review our Disclaimer for further detail.

12. Limitation of liability

To the maximum extent permitted by law, in no event shall MaxFate, its directors, officers, employees, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential, punitive or exemplary damages (including loss of profits, revenue, data, goodwill, business or anticipated savings) arising out of or in connection with your use of the Services, whether based on contract, tort (including negligence), strict liability or any other legal theory, even if advised of the possibility of such damages.

MaxFate's aggregate liability for all claims arising out of or relating to the Services shall not exceed the amount actually paid by you to MaxFate in the 6 (six) months preceding the event giving rise to the claim, or INR 5,000 (Indian Rupees Five Thousand), whichever is higher.

13. Indemnification

You agree to indemnify, defend and hold harmless MaxFate and its directors, officers, employees and agents from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with (a) your use or misuse of the Services; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; or (d) any User Content submitted by you.

14. Suspension and termination

We may, at our sole discretion and without prior notice, suspend, restrict or terminate your access to the Services (or any part thereof), with or without cause, including if we reasonably believe you have violated these Terms. You may stop using the Services and close your Account at any time. Sections that by their nature should survive termination shall do so, including intellectual property, disclaimers, limitation of liability, indemnity, governing law and dispute resolution.

15. Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Subject to Section 16, the courts at Mathura, Uttar Pradesh, India, shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.

16. Dispute resolution

The parties shall first attempt to resolve any dispute amicably through good-faith negotiation. If a dispute is not resolved within 30 (thirty) days, it shall be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by mutual agreement (or, failing agreement, in accordance with the said Act). The seat and venue of arbitration shall be Mathura, Uttar Pradesh, India; the language shall be English; and the arbitral award shall be final and binding on the parties.

17. Modifications

We may amend these Terms from time to time. The “Last updated” date at the top reflects the latest revision. Material changes will be notified through the Services or by email. Your continued use of the Services after such changes constitutes acceptance of the revised Terms.

18. Severability and waiver

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted and the remaining provisions shall continue in full force. No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision.

19. Entire agreement

These Terms, together with the Privacy Policy, Disclaimer and any additional policies referenced herein, constitute the entire agreement between you and MaxFate concerning the Services and supersede all prior or contemporaneous agreements.

20. Contact and grievances

For general queries, please write to contact@maxfate.com. For grievances under the IT Rules, 2021 and the DPDP Act, 2023, please contact our Grievance Officer: