1. In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
2. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.instascribe.com
3. The domain name www.instascribe.com (hereinafter referred to as "Website") is owned by Mudranik Technologies Private Limited bearing the registered address #37, 11th Cross, Indira Nagar - 1st Stage, Bangalore - 560038 (hereinafter referred to as Company).
4. For the purpose of these Terms of Use and any other document published by the Website as additional Terms or guidelines for Users, wherever required, the phrase or word "You" or "User" shall mean any natural or legal person who is a user, author, author’s agents and publishers on the Website by providing Registration Data while registering on the Website, unless specified otherwise. Services provided by the Website which do not require registration do not absolve You of the contractual relationship established by this Agreement.
5. The term "We", "Us", "Our" shall mean www.instascribe.com (Website) or Mudranik Technologies Private Limited (Company).
6. The use of this Website by You is governed by this Agreement. Moving past the home page of the Website or using any of the services shall be taken to mean that You have read and agreed to all of the terms and conditions so binding on You as laid down in this Agreement.
7. You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this Website, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service. We hold the sole right to modify the Terms of Service without prior permission from You or informing You. However, in the interests of the User, We shall strive to intimate You of any changes in the Terms of Service. The relationship arising between the Website/Company and You, out of Your use of this Website, creates on You a duty, to periodically check the Terms and stay updated with its requirements. If You continue to use the Website following such a change, it shall be deemed as consent by You to the so amended policies by Us. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
8. eBooks or Electronic books are increasingly popular with both author and readers. Channels like Kindle, iBooks, Kobo have made selling and distributing eBooks very easy in past few years. But creating good looking eBooks that work consistently across formats like EPUB, Kindle, PDF remains a black art. Good tools to create eBooks are still not available. At InstaScribe, We are building tools that make it easy to create beautiful eBooks that work consistently across different formats like EPUB, Mobi, PDF and HTML.
9. On Instascribe, You have an online application to let people create their eBooks in various formats, a service to do the same (for people who don't want to use the app themselves), and a service to distribute eBooks through various retailers.
10. Once the author has written the book as a Word Document, You, who is either the author or any agent of the author, can convert the Word Document into a eBook using Instascribe in various formats so that so people can read it on their Kindles, Kobos, iPads, laptops and tablets. Instascribe helps you to design, format, and generally prepare your eBook that it will be at least as pretty as Your book is good.
11. You can also use the services of the Website to distribute Your eBooks to general public through various retailers.
12. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by other Company Policies, which are the Terms of Service and Privacy Policy and any document which would be introduced and amended from time to time. If You do not accept these Terms of Use or any other document, please do not use this service.
13. This Terms of Use governs the usage of the Website and its services to distribute Your eBooks by You and this Terms of Use shall be read in consonance with the Terms of Service of Instascribe available at instascribe.com/terms.html
14. You hereby agree that the eBook to be distributed by Us shall be created using Instascribe.
15. You hereby agree to grant and hereby do grant to Us, the Website and Company, its successors and assigns, the irrevocable, perpetual, non-exclusive, worldwide, royalty-free right and license to publish, market, sell and distribute Your eBooks through Ourselves or to assign, transfer, re-license and sublicense the right to sell and distribute to other resellers, distributors or retailers, or make it available through eBook libraries including but not limited to Scribd and Oyster.
16. However, this license is non – exclusive, enabling the Author or his agent to publish, license, market and sell their work elsewhere so long as the Author or Publisher does not violate the Terms and Conditions contained herein.
17. You hereby grant us the right to enter into Agreements and accept the Terms and Conditions on Your behalf and represent Ourselves as Your agent for the purposes of enabling publishing, marketing, sale and distribution to various eBook enablers including but not limited to Kindle, Kobo, Newshunt and iBooks.
18. We do not guarantee the retaining of the original formatting or editing of Your eBook. You hereby grant Us the right to modify or convert the format of Your eBook to enable easier distribution.
19. You hereby grant Us the right to sell and distribute the E - Book with or without Digital Rights Management.DRM. (To know more, please contact our Customer Care).
20. In the event, You are not the author of the eBook or You are the author but have given the exclusive rights of Your eBook to a Third Party and You wish to sell and distribute through us, You shall ensure that You have the requisite rights from the author/ owner of the title and IP Rights over the eBook to accept these Terms and Conditions on the behalf of the Owner of the IP Rights with respect to the eBook.
21. We shall not permit the infringement of any third Party’s rights by You and shall act upon it immediately and ensure the removal of Your E- Book from our Website. We also reserve the right to initiate legal proceedings against You for Breach of Trust and any other violation.
22. If You are a Non – User, who has discovered Your IP being sold under another User’s name, You may write to us at info@instascribe.com and We shall do the needful after proper verification. However We shall not be liable for any violation of any Party’s Rights by Our Users and shall not be Party to any such legal proceedings except to extent as sought by law.
23. If You are an User who has acquired knowledge that a third party is violating Your copyright or pirating or illegally distributing a work published by Us, You are requested to inform Us immediately at info@instascribe.com so that We may take the necessary steps to remove and discontinue the sale of the eBook on our Website or on any Website where the E- Book has through our channels, after proper verification. It is clarified that We shall not be liable for any breach or infringement of IP of any party and shall not be involved in any legal disputes unless demanded by authority of law.
24. You hereby shall ensure that You are not infringing the rights of any Third Party by entering into this Agreement.
25. The eBook shall be distributed by Us by using Our ISBN. You hereby agree that You shall not use the ISBN while distributing the eBook through another service provider or through Your website or the Author’s website or any other website.
26. You hereby grant Us the right to use samples of the eBook for marketing and promotional activities for ensuring huge sales of the eBook as well as Our Services. However, We shall comply with the reasonable standards set by You for such samples.
27. You may use the Website to distribute complimentary copies of the E - Book, or personally email free files; but You shall ensure the eBook is not mass-distributed through blogs and websites for free.
28. You hereby grant Us the right to choose not to distribute Your eBook or discontinue the distribution of any eBook without reason.
29. In the event, You desire to discontinue the distribution of Your eBook through Us and our Service Providers, You shall provide Us with a written notice of THIRTY (30) days. During the Notice Period, We shall initiate the process of discontinuing distribution. However, You understand the actual timeline of discontinuation shall solely depend on the terms of other Service Providers, Distributors and Retailers with whom We entered into agreements, understanding and whose terms and conditions We have accepted. You understand that Archival copies and Book Listings, which are usually marked out of stock or discontinued, might remain on Our Servers and those of our Service Providers, Distributors and Retailers.
30. You are entitled to 85% of the total sale received by Us as royalty towards Your eBook. You shall receive the Royalty as Indian Rupee (INR). Any conversion rate shall be the net rate at which the payment is received the payment in Our bank. We shall transfer the Royalty payment within THIRTY (30) days of quarter-end, once the minimum accrued Royalty is above Rupees One Thousand (Rs. 1, 000/-). If there is no payment in a complete financial year because of non-accrual of sufficient Royalty, any Royalty accrued shall be remitted after deduction of Rupees One Hundred (Rs. 100/-) as processing fee within THIRTY (30) days from year end, assuming that the Royalty accrued is above the processing fee.
31. Royalty shall be transferred directly to Your bank account within the designated timeline.
32. You shall be responsible for updating Your bank information submitted with Us and intimating Us of any change in the information. We shall not be liable for any wrongful or incorrect transfer owing to the wrongful information submitted with Us.
33. Royalty shall accrue only upon the receipt of the payment made by the Buyer/Reader/Distributor/Reseller/Retailer for a transaction.
34. You shall decide the Maximum Retail Price for Your eBook between the range of $0. 99 (Ninety Nine Cents) - $9.99 (Nine Dollars Ninety Nine Cents).
35. You hereby grants Us the right to sell the eBook through any channel and at a lower selling price as long as the net Royalty You receive does not go lower than 25%.
36. However, You shall have the right to opt for selling Your eBook at a lower price even when the net royalty is less than 25% for the receipt of certain advantages like:
    • The ability to sell through channels and reach out to a wider audience even though the net royalty rate is low; and
    • It allows Us to run promotions for the eBook at low or zero price, resulting in high visibility.
37. We reserve the right to not pay the Royalty in the event:
    • We do not receive the payment from our Distribution Partners; and
    • If Your eBook is in violation of Our Terms or the laws of Our territory.
38. This Website by nature allows you to upload information; You undertake to ensure that such material is in accordance with applicable laws. Further, You undertake not to:
    • Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
    • Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
    • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
    • Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    • Post any file that infringes the copyright, patent or trademark of other legal entities.
    • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
    • Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
    • Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
    • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
    • Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
    • Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
    • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
    • Violate any applicable laws or regulations for the time being in force within or outside India;
    • Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
    • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
    • Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    • Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
    • Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
    • Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
39. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
40. IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
41. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
42. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
43. Without prejudice to Our other rights under these Terms of Use, Your rights under the Terms may automatically terminate without notice if You fail to comply with its Terms. If You do not comply with the Terms, We have the right to take any action We deem appropriate. We may terminate the Agreement or restrict, suspend or terminate Your access to the Website or Your use of the Service at Our discretion without notice at any time and/or bringing court proceedings against You, including if We determine that Your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the Service or harms Our interests or those of another user of the Service or of a third party.
44. Our failure to insist upon or enforce Your strict compliance with the Terms will not constitute a waiver of any of Our rights.
45. The formation, interpretation and performance of this Terms and any disputes arising out of it shall be resolved by arbitration, as per the Arbitration and Conciliation Act 1996. The seat of the arbitral proceedings shall be Bangalore, and the venue of the same shall be decided by mutual consent. The matter shall be referred to a panel of 2 arbitrators on each selected by You and Us. The arbitral award shall be final and binding on both parties.