1. Introduction and Acceptance

Welcome to Markubees. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you and Markubees ("we," "us," or "our") governing your access to and use of the Markubees platform, website, mobile applications, and related services (collectively, the "Platform").

By accessing, browsing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Platform.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on the Platform. Your continued use after such changes constitutes acceptance of the modified Terms.

2. Definitions

For purposes of these Terms:

• "Learner" means a startup founder, entrepreneur, or individual seeking mentorship services through the Platform
• "Expert" means an experienced entrepreneur, operator, CTO, or professional offering mentorship services through the Platform
• "User" means any person accessing the Platform, including both Learners and Experts
• "Session" means a scheduled mentorship consultation between a Learner and Expert, typically conducted via video call
• "Content" means any text, images, videos, audio, profiles, reviews, or other materials posted or transmitted through the Platform
• "Service Fee" means the fee charged by Markubees for facilitating connections and providing Platform services

3. Eligibility and Account Registration

3.1 Age and Legal Capacity

You must be at least 18 years of age and legally capable of entering into binding contracts to use the Platform. By using the Platform, you represent and warrant that you meet these requirements.

3.2 Account Creation

• You must provide accurate, current, and complete information during registration
• You must maintain and promptly update your account information
• You are responsible for maintaining the confidentiality of your password and account credentials
• You are fully responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access or security breach
• One person or entity may not maintain multiple accounts without our prior written consent

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms, suspected fraudulent activity, or any other reason we deem necessary to protect the Platform or other Users.

4. Platform Services

4.1 Nature of Services

Markubees operates as a service provider platform that connects startup founders with experienced mentors. We facilitate:

• Expert profile discovery and browsing
• Session booking and scheduling
• Payment processing (we collect payment from Learners and remit payments to Experts)
• Video conferencing infrastructure for sessions
• Review and rating system
• Messaging and communication tools

4.2 Platform vs. Service Provider Distinction

Important: Markubees acts as a principal service provider, not merely a marketplace intermediary:

• Learners contract with Markubees for mentorship services
• Experts contract with Markubees to provide services on our behalf
• We collect full payment from Learners and separately pay Experts for their services
• We maintain responsibility for service delivery quality and platform operation

4.3 No Guarantee of Outcomes

While we carefully vet Experts, we do not guarantee specific outcomes, results, or business success from mentorship sessions. Expert advice is educational and informational in nature. Learners are solely responsible for implementing (or not implementing) any advice received.

5. Expert-Specific Terms

5.1 Expert Status and Relationship

Experts are independent contractors, not employees, agents, partners, or joint venturers of Markubees. The relationship is governed by these Terms and any separate Expert Service Agreement.

5.2 Expert Obligations

As an Expert, you agree to:

• Accurate Profile: Provide truthful, accurate information about your experience, credentials, and expertise
• Professional Conduct: Conduct sessions professionally, respectfully, and ethically
• Punctuality: Join sessions on time and honor scheduled commitments
• Quality Service: Provide meaningful, actionable advice to the best of your ability
• Confidentiality: Respect Learner confidentiality and not disclose sensitive business information
• No Solicitation: Not solicit Learners to transact outside the Platform or circumvent our payment system
• Availability: Maintain accurate availability and promptly update your schedule
• Tax Compliance: Provide required tax information (PAN, GST if applicable) and comply with tax obligations

5.3 Expert Compensation and Payouts

Payment Structure:

• Experts set their hourly rate subject to our minimum/maximum guidelines
• Markubees collects the full session fee from Learners (including GST where applicable)
• Experts receive a percentage of the session fee (as agreed in Expert Service Agreement) after deduction of:
• Platform service fee (typically 20-30%)
• Tax Deducted at Source (TDS) as required by Indian law (10% for professionals under Section 194J)
• Payment processing fees (if applicable)
• Payouts are processed within 7-14 business days after session completion via bank transfer/NEFT
• Minimum payout threshold may apply (e.g., ₹1000 or $50)
• TDS certificates (Form 16A) will be issued quarterly as required by law

5.4 Expert Application and Approval

Expert applications are subject to our rigorous review process. We reserve the right to:

• Accept or reject applications at our sole discretion
• Request additional verification of credentials and experience
• Remove Experts from the Platform for quality, conduct, or policy violations
• Modify Expert profiles or visibility based on performance metrics

5.5 Expert Ratings and Reviews

Learners may rate and review sessions. Consistently poor ratings may result in profile suspension or removal. We reserve the right to remove reviews that violate our content policies.

6. Learner-Specific Terms

6.1 Learner Obligations

As a Learner, you agree to:

• Respectful Conduct: Treat Experts with respect and professionalism
• Punctuality: Join sessions on time and provide reasonable notice for cancellations
• Preparation: Come prepared with specific questions or topics to maximize session value
• Good Faith: Use the Platform in good faith and not abuse refund or dispute mechanisms
• No Harassment: Not harass, threaten, or engage in inappropriate behavior toward Experts
• Confidentiality: Respect that Expert advice is for your use and not for public distribution without consent

6.2 Expert Selection and Booking

• You are responsible for selecting appropriate Experts based on their profiles and expertise
• Expert profiles are provided for informational purposes; we do not independently verify all claims
• You acknowledge that Expert availability, rates, and profiles may change
• Booking a session constitutes acceptance of the Expert's rate and session terms

6.3 Implementation of Advice

Critical Disclaimer: Expert advice is educational and informational. You are solely responsible for:

• Evaluating the suitability of any advice for your specific situation
• Conducting your own due diligence before implementing recommendations
• Consulting appropriate professionals (lawyers, accountants, etc.) before making significant business decisions
• Any outcomes (positive or negative) resulting from implementing or not implementing advice received

7. Payments, Fees, and Refunds

7.1 Payment Processing and Methods

Payment Gateways and Currency:

• India: Payments processed via Razorpay in Indian Rupees (INR). Accepted methods: Credit/Debit cards, UPI, Net Banking, Wallets (Paytm, PhonePe, etc.)
• International (Non-India): Payments processed via Stripe in US Dollars (USD), Euros (EUR), or British Pounds (GBP) depending on your location
• Accepted International Payment Methods: Visa, Mastercard, American Express, Apple Pay, Google Pay, and other local payment methods supported by Stripe
• Currency Conversion: If your payment method currency differs from the transaction currency, your bank or card issuer may apply conversion fees

Payment Authorization and Terms:

• By providing payment information, you authorize us to charge the applicable fees
• Payment must be completed before the scheduled session
• Prices displayed may or may not include taxes depending on your location (see Section 7.3)
• Final total including all fees and taxes will be shown at checkout
• We do not store complete credit card information (handled securely by payment processors)

Transaction Fees:

• Payment gateway fees (2-3%) are included in the total price paid by Learners
• Currency conversion fees (if applicable) are charged by your bank/card issuer, not by Markubees
• International transaction fees may apply depending on your payment method

7.2 Service Fees and Pricing

• Session fees are determined by Experts within our guidelines
• Markubees charges a service fee (included in the total price paid by Learners)
• Payment gateway fees (typically 2-3%) may apply and are factored into pricing
• We reserve the right to modify our fee structure with 30 days' notice

7.3 Taxes (Jurisdiction-Specific)

India Users:

• GST: 18% GST is applicable on all services provided in India. GST is included in the displayed price
• TDS (for Indian Experts): We deduct 10% TDS from Expert payments as required under Section 194J of the Income Tax Act, 1961
• TDS Certificates: Indian Experts receive TDS certificates (Form 16A) quarterly for tax filing purposes

European Union (EU) and UK Users:

• VAT: For B2C transactions, applicable VAT rates apply based on your country. For B2B transactions with valid VAT ID, reverse charge mechanism applies
• VAT Invoices: VAT-registered businesses will receive compliant VAT invoices
• Digital Services Tax: Prices may include taxes applicable to digital services in your jurisdiction

United States Users:

• Sales Tax: Applicable state and local sales taxes may apply and will be calculated at checkout based on your billing address
• 1099 Forms (U.S. Experts): U.S.-based Experts earning over $600/year will receive IRS Form 1099-NEC for tax reporting
• Tax ID Requirement: U.S. Experts must provide valid SSN or EIN for tax compliance

Other International Users:

• Local Taxes: You are responsible for determining and paying any applicable VAT, GST, sales tax, or other taxes in your jurisdiction
• Withholding Taxes: International Experts may be subject to tax withholding as required by local tax treaties and regulations
• Tax Documentation: Experts must provide necessary tax documentation (W-8BEN, tax residency certificates, etc.) as required

Important Tax Notice: Prices displayed on the Platform may or may not include applicable taxes depending on your location. Final price including all applicable taxes will be shown at checkout. You are responsible for all taxes associated with your use of the Platform. We recommend consulting a tax professional regarding your tax obligations.

7.4 Cancellation and Refund Policy

Cancellation by Learner:

• 24+ hours before session: Full refund (minus payment gateway fees)
• 12-24 hours before session: 50% refund
• Less than 12 hours or no-show: No refund

Cancellation by Expert:

• If Expert cancels for any reason, Learner receives full refund
• Learner may optionally reschedule with the same Expert at no additional cost
• Repeated cancellations by Expert may result in profile suspension

Technical Issues:

• If session cannot proceed due to Platform technical issues, full refund or free reschedule is provided
• If issues are due to User's internet/equipment, standard cancellation policy applies

Quality Issues:

• If Learner reports significant quality issues (Expert unprepared, unprofessional, session cut short), we will investigate
• Refunds for quality issues are at our sole discretion based on evidence and fairness
• Requests must be submitted within 48 hours of session completion

7.5 Refund Processing

• Approved refunds are processed within 5-7 business days
• Refunds are issued to the original payment method
• Payment gateway fees may not be refundable depending on the gateway's policies

7.6 Chargebacks and Disputes

You agree to contact us first before initiating a chargeback. Initiating an unjustified chargeback may result in:

• Immediate account suspension pending investigation
• Permanent account termination for fraudulent chargebacks
• Recovery of costs associated with the chargeback dispute

8. Video Sessions and Technology Requirements

8.1 Technical Requirements

Users are responsible for:

• Stable internet connection (minimum 2 Mbps recommended)
• Compatible device (computer, tablet, or smartphone with camera and microphone)
• Modern web browser (Chrome, Firefox, Safari, or Edge - latest versions)
• Testing audio/video functionality before sessions

8.2 Session Recording

Important:

• Markubees does NOT record video or audio of sessions by default
• If either party wishes to record, explicit consent from all participants is required before recording
• Recording without consent may violate privacy laws and these Terms
• Users who record sessions are solely responsible for proper storage, use, and deletion of recordings
• We are not liable for any unauthorized recordings made by Users

8.3 Session Conduct

• Sessions must be conducted professionally and respectfully
• Sessions are for business/professional mentorship only (no personal counseling, legal advice, medical advice, etc.)
• Inappropriate behavior (harassment, discrimination, offensive language) is strictly prohibited
• We may terminate sessions or accounts for violations of conduct policies

9. User Content and Intellectual Property

9.1 User-Generated Content

You retain ownership of content you post (profile information, reviews, messages, etc.), but by posting, you grant Markubees a worldwide, non-exclusive, royalty-free license to:

• Display, reproduce, and distribute your content on the Platform
• Use Expert profiles, reviews, and testimonials in marketing materials
• Create aggregated, anonymized data and statistics

9.2 Content Restrictions

You may not post content that:

• Infringes third-party intellectual property rights
• Contains false, misleading, or fraudulent information
• Is defamatory, obscene, pornographic, hateful, or discriminatory
• Promotes illegal activities or violates any laws
• Contains malware, viruses, or harmful code
• Violates another User's privacy or confidentiality

9.3 Platform Intellectual Property

All Platform content, features, functionality, and design (including but not limited to text, graphics, logos, trademarks, software, code) are owned by Markubees or our licensors and protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, reproduce, modify, or create derivative works of Platform content without permission
• Use automated tools (bots, scrapers) to extract data from the Platform
• Reverse engineer, decompile, or disassemble any Platform software
• Remove or alter copyright, trademark, or proprietary notices

9.4 DMCA and Copyright Complaints

If you believe your copyright has been infringed, contact us at legal@markubees.com with:

• Identification of the copyrighted work
• Identification of the infringing material and its location
• Your contact information
• A statement of good faith belief that use is unauthorized
• A statement under penalty of perjury that information is accurate
• Physical or electronic signature of the copyright owner or authorized representative

10. Prohibited Conduct

You agree NOT to:

• Circumvent the Platform: Solicit or conduct transactions outside the Platform to avoid fees
• Fraudulent Activity: Use stolen payment methods, create fake accounts, or engage in payment fraud
• Impersonation: Impersonate another person, entity, or Expert
• Harassment: Harass, threaten, stalk, or abuse other Users
• Spam: Send unsolicited messages, advertisements, or promotional content
• Hacking: Attempt to gain unauthorized access to Platform systems or other User accounts
• Interference: Interfere with or disrupt Platform operation or servers
• Data Mining: Use automated tools to scrape, harvest, or extract data
• False Information: Provide false credentials, reviews, or profile information
• Multiple Accounts: Create multiple accounts to manipulate reviews, ratings, or circumvent restrictions
• Illegal Activity: Use the Platform for any illegal purpose or in violation of local, state, national, or international laws

11. Disclaimers and Warranties

11.1 Platform Provided "AS IS"

THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties that the Platform will be uninterrupted, secure, or error-free
• Warranties that defects will be corrected

11.2 No Professional Advice

EXPERT ADVICE IS NOT PROFESSIONAL LEGAL, FINANCIAL, TAX, OR MEDICAL ADVICE. Experts provide general business mentorship and educational information based on their experience. You should consult licensed professionals for specific legal, financial, or other professional advice.

11.3 No Guarantee of Expert Qualifications

While we vet Expert applications, we do not independently verify all credentials, experience, or claims. We make no warranties regarding Expert qualifications, expertise, or the quality of advice provided.

11.4 Third-Party Services

We are not responsible for third-party services (payment gateways, video infrastructure, etc.). Any issues with third-party services are between you and the third party.

12. Limitation of Liability

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKUBEES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Business interruption or loss of use
• Damages arising from Expert advice or session quality
• Damages from unauthorized access, data breaches, or security incidents
• Damages from User-generated content or third-party conduct

12.2 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF:

• The amount you paid to Markubees in the 12 months preceding the claim, OR
• ₹10,000 (or $100 USD for international Users)

12.3 Jurisdictional Limitations

Some jurisdictions do not allow exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights.

13. Indemnification

You agree to indemnify, defend, and hold harmless Markubees, its officers, directors, employees, affiliates, and service providers from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any third-party rights (intellectual property, privacy, etc.)
• Content you post or transmit through the Platform
• Your conduct during sessions or interactions with other Users
• Any fraudulent, negligent, or unlawful acts

14. Dispute Resolution and Governing Law

14.1 Governing Law (Jurisdiction-Specific)

For Users in India:

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Disputes shall be subject to the exclusive jurisdiction of the courts located in Rewari, Haryana, India.

For Users in the European Union (EU) and United Kingdom (UK):

These Terms shall be governed by the laws of India, except where EU consumer protection laws provide you with mandatory rights that cannot be excluded by contract. EU consumers may bring disputes in their country of residence. EU users also have access to the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

For Users in the United States:

These Terms shall be governed by the laws of India, except where U.S. state or federal consumer protection laws provide mandatory protections. California users retain all rights under California law. See Section 14.5 for U.S. Arbitration provisions.

For Users in Other Countries:

These Terms shall be governed by the laws of India. Where local mandatory consumer protection laws apply, you retain those rights. Disputes may be brought in courts with proper jurisdiction over international disputes.

14.2 Jurisdiction and Venue

• India: Exclusive jurisdiction in Rewari, Haryana, India
• EU/UK: You may bring claims in your country of residence under EU consumer protection laws
• USA: Subject to arbitration (Section 14.5), or courts in Rewari, Haryana, India or your state of residence
• Other countries: Disputes shall be resolved in Rewari, Haryana, India unless mandatory local laws require otherwise

14.3 Informal Resolution (All Users)

Before initiating formal legal proceedings, you agree to first contact us at legal@markubees.com to attempt informal resolution of the dispute. We will work in good faith to resolve disputes amicably within 30 days.

14.4 Arbitration (India Users)

For users in India, if informal resolution fails, disputes may be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English in Rewari, Haryana, India. The arbitrator's decision shall be final and binding.

14.5 Arbitration (United States Users)

Binding Arbitration for U.S. Users:

For users located in the United States, any dispute, claim, or controversy arising from these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules or JAMS, rather than in court, except as provided below.

• Arbitration Rules: AAA Commercial Arbitration Rules or JAMS Comprehensive Arbitration Rules
• Location: Arbitration shall be conducted remotely (video/phone) or in your state of residence
• Arbitrator Authority: The arbitrator may award the same damages and relief as a court, but only to the individual party seeking relief
• Class Action Waiver: You agree that disputes will be resolved on an individual basis only. NO CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS ARE PERMITTED.
• Exceptions: Either party may bring claims in small claims court if they qualify, or seek injunctive relief in court for intellectual property infringement
• Costs: Each party bears their own costs unless the arbitrator awards costs to the prevailing party
• Opt-Out: You may opt-out of arbitration within 30 days of first accepting these Terms by emailing legal@markubees.com with "Arbitration Opt-Out" and your name and email

14.6 Consumer Rights (International)

Nothing in these Terms affects your statutory consumer rights under applicable local laws, including:

• EU Consumer Rights Directive: 14-day withdrawal right for distance contracts (subject to exceptions for services fully performed)
• UK Consumer Rights Act 2015: Services must be performed with reasonable skill and care
• Australia Consumer Law: Consumer guarantees cannot be excluded
• Canada Consumer Protection Laws: Provincial consumer protection regulations apply

15. Termination

15.1 Termination by You

You may terminate your account at any time through account settings or by contacting support@markubees.com. Upon termination:

• You will no longer have access to your account or Platform features
• Outstanding payments or sessions must be completed or refunded according to our policies
• We may retain certain information as required by law or for legitimate business purposes

15.2 Termination by Us

We may suspend or terminate your account immediately, with or without notice, if:

• You violate these Terms or our policies
• We suspect fraudulent, illegal, or harmful activity
• Your account has been inactive for an extended period
• We are required to do so by law or regulation
• We cease operating the Platform (with reasonable notice)

15.3 Effect of Termination

Upon termination, provisions of these Terms that by their nature should survive (indemnification, limitation of liability, dispute resolution, intellectual property) shall remain in effect.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Markubees regarding the Platform.

16.2 Amendments

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on the Platform at least 15 days before taking effect. Your continued use after changes become effective constitutes acceptance.

16.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16.4 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future.

16.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

16.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or technical failures.

16.7 Language

These Terms are written in English. Any translated versions are provided for convenience only. In case of conflict, the English version shall prevail.

16.8 Relationship of Parties

No joint venture, partnership, employment, or agency relationship exists between you and Markubees as a result of these Terms or use of the Platform.

17. Contact Information

For questions, concerns, or support regarding these Terms or the Platform: