Terms of Use

Last Update: April 26, 2024

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Thank you for visiting www.scribika.com (this “Site”). This Site is owned and operated by Retrivika, Inc. By accessing and using this Site and/or the services provided through this Site, you agree to these Terms of Use (the “Terms of Use”). If you do not agree, you may not use this Site or the services provided through this Site.

RETRIVIKA, INC SERVICES

The Retrivika, Inc services consist of certain services offered through the Retrivika, Inc platform for technology consulting (the “Services”). More information about the Services is available at the Site. Retrivika, Inc reserves the right at any time and from time to time to modify, change, alter, discontinue or cancel this Site, the Services or any part thereof with or without notice. You agree that Retrivika, Inc will not be liable to you or to any third party for any such change.

REGISTRATION OBLIGATIONS

To use the Services, you will need to register with the appropriate agreement with Retrivika, Inc and obtain an account and password. You are solely responsible for maintaining the confidentiality of your account and password and for all activities and liabilities associated with your account and password. If you lose or misplace your password, Retrivika, Inc will not be able to recover it or provide you with access to the Services. You accept all responsibility for any losses that result as a result of losing or misplacing your password. If you become aware of any unauthorized use of your account or password, you must immediately notify Retrivika, Inc of such unauthorized use. You may not transfer your account to any other person or entity. In consideration of your use of the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as required by the registration form provided through the Services (“User Data”); (ii) maintain and promptly update all User Data as required to make such User Data true, accurate, current and complete; and (iii) abide by and follow all terms of Retrivika, Inc's End User License Agreement provided with the Services (the "EULA") and all laws, rules, regulations and policies applicable to your use of the Site or the Services.

Accounts and membership

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

RESTRICTIONS ON USE

You acknowledge that this Site, the Services, any underlying technology used in connection with this Site and/or the Services, and all software, material, information, graphics, animations, audio, video, photos, and other data or intellectual property (the “Content”) available on this Site or through the Services provided by Retrivika, Inc, its licensors or approved third-party providers is the copyrighted works of Retrivika, Inc or such third parties and is owned by Retrivika, Inc or such third parties.Except as may otherwise be specifically provided in the EULA or in these Terms of Use you may not use, copy, distribute, republish, upload, post, transmit or reverse engineer any Content or attempt to extract the source code of any software in the Content without the prior written consent of Retrivika, Inc. Modification or use of the Content for any other purpose violates Retrivika, Inc’s or its licensor’s intellectual property rights. The Content on this Site is provided for lawful purposes only.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (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 create sexually explicit content featuring minors or content that sexually exploits minors; (g) to submit or create false or misleading information; (h) 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 Website and Services, third party products and services, or the Internet; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet; or (l) to create content that is political in nature. We reserve the right to terminate your use of the Website and Services for violatitng any of the prohibited uses.

Intellectual property rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.

Your Content

We do not claim ownership of any text or images that you create, store, or share through the Website and Services (“Your Content”). All rights in and to Your Content remain with you. By using the Website and Services, you represent and warrant that you have all necessary rights to upload and share Your Content and that doing so does not infringe any laws or the rights of any third parties. When you upload or transmit Your Content through the Website and Services, you grant us a non-exclusive, royalty-free, worldwide license to host, store, process, display, and transmit Your Content, but solely as necessary to provide and improve the Website and Services. This limited license does not grant us the right to sell or distribute Your Content outside of these Services.

If you choose to share or publish Your Content for others to view, you understand that third parties may be able to view, reproduce, modify, distribute, and display it. If you do not want others to have those rights, do not share Your Content in that manner. We are not liable for any third-party actions involving Your Content. You are solely responsible for any consequences arising from creating, storing, or sharing Your Content, including claims of infringement or defamation. We disclaim all liability related to Your Content that you or other users provide, store, or share through the Website and Services.

SUBMISSIONS

All personally identifiable information, content, data, documents, remarks, suggestions, ideas, graphics, or other information that you upload or otherwise make available through this Site or the Services (together, the “Submissions”), is and remains your property or the property of your licensors. You may only upload Submissions in line with the purposes of our software, products and Services. By uploading the Submissions you warrant that you have the right to upload and process the Submissions and agree to indemnify Retrivika, Inc and its officers, employees, agents, and attorneys against any and all claims, liabilities, losses, damages and expenses, including reasonable attorneys’ fees brought by third parties in connection with the uploading and processing of the Submissions. Retrivika, Inc’s obligations to protect any personally identifiable information are detailed in Retrivika, Inc’s Privacy Policy. By uploading or otherwise making available any Submissions, you automatically grant and/or warrant that the owner of such Submissions has granted Retrivika, Inc, a perpetual, royalty-free, fully-paid up, non-exclusive right and license to use, process, transmit, reproduce, modify, create derivative works, publish, distribute, perform, display, store, disclose consistent with the terms of the Privacy Policy, and transmit the Submissions through the Site and/or the Services. This license continues even if you discontinue using the Site and/or the Services. You also permit any other user of the Services to access, view, store, and reproduce the Submissions to the same extent as Retrivika, Inc permitted herein. You acknowledge that you are responsible for all Submissions that you submit, and you, not Retrivika, Inc have full responsibility for the Submissions, including its legality, reliability, appropriateness, originality, and/or copyright.

OBLIGATIONS OF SITE VISITORS

You agree not to do any of the following while visiting or using the Site or any Services provided by or through the Site:restrict or inhibit any other user from using and enjoying the Site or the Services;impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of Retrivika, Inc;post or transmit unlawful, offensive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity;post or transmit comments containing harassing or offensive language or engage in disruptive activities online;post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component;post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters" or any other form of solicitation on the Site or through the Site or the Services;post, upload or transmit any material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other intellectual property and/or proprietary rights;post or transmit material that encourages or provides instructional information about illegal activities, in particular hacking, cracking or distribution of counterfeit software;solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law, any export control laws, or any regulations promulgated by any state or federal authority;access or use password protected, secure or non-public areas of the Site or the Services without authorization;iframe, repackage, or otherwise redistribute any portion of the Site or the Services; oruse the Site or any Services to collect personally identifying information about users of the Site or the Services, or conduct any activity in violation of the Retrivika, Inc Privacy Policy.Retrivika, Inc may terminate your access to the Site and/or the Services at any time for any reason or no reason, including, but not limited to, as a result of your violation or threatened violation of any of the obligations described above, in Retrivika, Inc’s sole and absolute discretion. Retrivika, Inc will not be liable to you or any third party as a result of such termination. The terms and conditions provided in these Terms of Use will survive any such termination.

DISCLAIMER; NO WARRANTY

THE CONTENT AND MATERIAL ON THIS SITE, THE SERVICES AND/OR ANY SEARCH RESULTS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. Retrivika, Inc DOES NOT PROVIDE ANY WARRANTY AS TO THE RESULT OR CONTENT OF ANY PARTICULAR SEARCH. Retrivika, Inc MAY MAKE CHANGES TO THIS SITE OR THE SERVICES AT ANY TIME. THIS SITE, THE SERVICES AND THE CONTENT AND MATERIALS ON THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Retrivika, Inc MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL EVER BE AVAILABLE FOR USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Retrivika, Inc EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES AND ALL MATERIAL AND CONTENT OFFERED THROUGH THE SITE AND//OR THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Retrivika, Inc DOES NOT WARRANT THAT THIS SITE OR THE SERVICES, THE FUNCTIONS CONTAINED ON THIS SITE OR THE SERVICES, OR THE MATERIALS OR CONTENT ON THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT MESSAGES OR REQUESTS WILL BE DELIVERED OR RECEIVED, OR THAT THIS SITE, THE SERVICES OR THE MATERIALS OR CONTENT ON THIS SITE OR THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Retrivika, Inc DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULT OF THE USE OF THIS SITE, THE SERVICES OR THE MATERIALS OR CONTENT ON THIS SITE OR THE SERVICES RELATED TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL Retrivika, Inc BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, THE SERVICES, ANY WEBSITES LINKED TO THIS SITE, THE MATERIALS, CONTENT OR INFORMATION CONTAINED ON ANY OR ALL SUCH SITES, OR THE MATERIALS, CONTENT, PRODUCTS OR SERVICES OFFERED ON THIS SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Retrivika, Inc, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, THE SERVICES OR ANY MATERIALS OR CONTENT OFFERED THROUGH THIS SITE OR THE SERVICES BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS SITE OR THE SERVICES. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Retrivika, Inc’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION RELATED TO THIS SITE AND THE SERVICES, THE MATERIALS AND CONTENT ON THIS SITE OR THE SERVICES OR YOUR ACCESS OR USE OF THIS SITE, THE SERVICES OR THE MATERIALS AND CONTENT OFFERED THROUGH THIS SITE OR THE SERVICES WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE, THE SERVICES OR ANY MATERIALS OR CONTENT OFFERED THROUGH THIS SITE OR THE SERVICES.

THIRD PARTY WEBSITES AND DOWNLOADABLE MATERIALS

This Site contains downloadable materials and may from time to time contain links to external sites. Retrivika, Inc is not responsible for, and has no control over, the content of such downloadable materials or external sites. The inclusion of any links does not imply endorsement by Retrivika, Inc of any such sites. You understand that Retrivika, Inc cannot and does not guarantee or warrant that files or software of any kind, from any source, that are available for downloading through this Site or the Services or through third party websites linked to this Site, will be free of infection, viruses, worms, Trojan Horses or other code or defects that contain or incorporate contaminating or destructive properties.

PRIVACY POLICY

Our policies concerning the use of your personal information are set forth in our Privacy Policy available at: www.fridyenterprises.com (“Privacy Policy”). The terms of the Privacy Policy are incorporated herein by this reference. Please carefully review the information contained in the Privacy Policy. By using this Site, the Services and/or the materials or Content provided through this Site or the Services, you agree to waive and release Retrivika, Inc from any claim or liability in connection with the collection, use, or disclosure of information that is consistent with the terms of the Privacy Policy.

INDEMNIFICATION

If you are using the Site and/or the Services on behalf of any business or entity, that business or entity agrees to these Terms of Use. You and/or the business or entity agree to indemnify and hold Retrivika, Inc, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of any Content you submit, post to, email, or otherwise transmit through this Site and/or Services, your use of this Site and/or the Services, your connection to this Site or the Services, or your breach of these Terms of Use or the EULA.

TERMINATION

You may discontinue your participation in and access to the Services at any time. You acknowledge and agree that Retrivika, Inc may terminate or block your use of all or part of this Site and/or the Services, without prior notice and for any reason or no reason at all. You agree that upon termination or discontinuance for any reason, Retrivika, Inc may delete all information related to you on the Services and may bar your access to the Site and/or your use of the Services.

PAYMENT TERMS

With respect to any products or services ordered or purchased from Retrivika, Inc or through the Site, the terms of payment for such products or services are within Retrivika, Inc’s sole discretion. Unless otherwise agreed to by Retrivika, Inc in a separate written agreement, payment is due at the time of purchase. Unless otherwise agreed to in a separate written agreement, your order is subject to cancellation by Retrivika, Inc at any time and for any reason in Retrivika, Inc’s sole discretion.

Credit Allocation and Use

You will receive a specific allotment of monthly credits in accordance with the tier of your chosen subscription plan. Credits will be added to your account each month on the Credit Renewal Date, which falls on the same date each month as your original subscription date, adjusted for shorter months. Credits are intended for the utilization of services and features offered within the scope of your subscription. Credits have no cash value and are non-transferable. Monthly credits remaining unused as of your Credit Renewal Date will expire and will no longer be available for use. If you are subscribed to a plan featuring a credit rollover provision, you will be entitled to retain unused credits as long as you are an active subscriber. Such credits will be eligible for use for a period not exceeding twelve (12) months from their initial date of issuance. You may, at your discretion, purchase additional credits independent of your monthly allocation. These additional credits will be exempt from expiration and will remain available until fully expended. Credits, regardless of provenance, can only be used with an active subscription.

Refunds and Cancellation

Your subscription to Website and Services will renew automatically each month. You may cancel your subscription at any time from the account membership page or by emailing us at the address listed below. Due to the nature of digital services, we do not refund fees on cancellation. If you downgrade to a lower tier plan, you will retain access to your previous plan until your renewal date. If you upgrade to a higher tier plan, you will receive a pro-rated refund of unused time on your previous plan when you are charged for your new plan.

SHIPPING CHARGES, TAXES, TITLE AND RISK OF LOSS

Any products or services that you order from Retrivika, Inc may be subject to additional fees including, without limit, shipping, handling and taxes. These fees are in addition to the purchase price unless otherwise expressly indicated at the time of sale. Title to products passes from Retrivika, Inc to you upon delivery by Retrivika, Inc of the product to a carrier. Loss or damage that occurs during shipping by a carrier selected by Retrivika, Inc is Retrivika, Inc’s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify Retrivika, Inc within 30 days of the date of payment for any products or service you order if you believe any part of your order is missing, wrong or damaged. Unless you provide notice, you are responsible for sales and other taxes associated with the order. Shipping and delivery dates are estimates only.

COPYRIGHT ACT AGENT

We respect the intellectual property rights of others, and require that the people who use this Site and/or the Services do the same. If you believe that your work appears on this Site or the Services and has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:Your address, telephone number, and email address;A description of the copyrighted work that you claim has been infringed;A description of where the alleged infringing material is located;A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; andA statement by you, made under penalty of perjury that the above information contained in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. Copyright Agent: info@retrivika.com

TRADEMARK INFORMATION

All trademarks used on this Site or the Services, including, but not limited to trademarks used on this Site or the Services that may not be owned by Retrivika, Inc, are the property of their respective owners.

MISCELLANEOUS

By accessing this Site and/or using the Services, you agree to these Terms of Use. If you do not agree with these Terms of Use, do not access this Site or any Services. We reserve the right to change these Terms of Use at any time in our sole discretion. You should periodically check this Site for any changes that may have been made to these Terms of Use. Whether or not you actually review changes as they are made, your use of this Site and/or any Services signifies your acceptance of any such changes. These Terms of Use will be governed and interpreted in accordance with the laws of the State of Maryland, United States of America, notwithstanding any principles of conflicts of law. If either party institutes any lawsuit or other action or proceeding pertaining to these Terms of Use, any right or obligation of any party hereunder, or any breach of these Terms of Use, then the sole and exclusive venue and jurisdiction for filing and maintaining any such lawsuit or other action or proceeding shall be in the Courts sitting in Anne Arundel County, Maryland or the U.S. District Courts, District of Maryland and each of the parties waives the right to institute or maintain any such suit, action or proceeding in any other courts or forums whatsoever. By using the Site you consent and submit yourself to the personal jurisdiction of such court. You agree that in the event of a breach by you of any provision of these Terms of Use, Retrivika, Inc shall be entitled to seek and obtain injunctive or other equitable relief, or both, in each case without the requirement to post any bond or other form of security, and without such act constituting an election of remedies or disentitling Retrivika, Inc to each and every remedy available at law or in equity for a breach of this Agreement by you. If any part of these Terms of Use is deemed to be unlawful, void, or unenforceable, that part will be severed and will not affect the validity and enforceability of any remaining provisions. These Terms of Use, together with the EULA, constitute the entire agreement between the parties relating to the use of this Site and the Services. Retrivika, Inc may revise these Terms of Use at any time without providing notice by posting updates to these Terms of Use on the Site.By providing my phone number to Retrivika, Inc, I agree and acknowledge that may send text messages to my wireless phone number for any purpose. Message and data rates may apply. Message frequency will vary, and you will be able to Opt-out by replying “STOP”. For more information on how your data will be handled please visit https://www.retrivika.com/privacy-policyNo mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@retrivika.com