elevate labs

​ ​ Service Agreement

SERVICE AGREEMENT

PURPOSE

The purpose of this contract is to document mutually agreed upon service and parameters that will serve as the
foundation for your relationships with the Company.

DEED dated: ​The agreement would be dated for the day you sign this agreement by checking the box
that states “​I agree to the terms of the service agreement linked above​.” on the service agreement
form.

The following agreement (hereinafter referred as ​“Contract” or “Agreement”​), is made between you
(hereinafter referred as ​“Applicant”​) with address _____(​as provided by you in the service agreement
form)​ _______________ .

AND

Elevate Labs​, a platform for providing mentorship and hiring services, of the company ​Kanak Krea (OPC)
Private Limited (hereinafter referred as the ​“Company” which shall , unless it be repugnant to the context or
meaning thereof be deemed and included its successors and permitted assigns.) with registered office at
Jodhadih More, Near Hanuman Mandir Chas, Chas Bokaro, Jharkhand, 827013, (hereinafter referred as the
“Platform” ​) .

Now this Agreement witnesseth as under:

1.​ ​The Services

1.1 The Platform has agreed to provide mentoring and job offers for the Applicant, on the terms and conditions
of this agreement.
1.2 The services will consist of meetings and other communications between the Applicant, the Platform, the
mentor provided by the Company to the Applicant for guidance and mentorship (hereinafter referred as,
“​Mentor​”), and the organisation/Company/Business willing to hire or offer a job and has an agreement with the
Company for the same (hereinafter referred as, “​Employer​”), from time to time.
1.3 The services shall include:
a) Reviewing the Applicant’s projects and providing written feedback to improve those projects;
b) Providing guidance regarding interviews through conducting interview sessions;
c) Connecting the Applicant with the employer based on the demands and job description
provided to the Platform from both these parties, accordingly. Whereas, the placement offers
would be contingent on the basis of the performance and participation of the Applicant and the
demand of the employer.
1.4 The services of Platform are limited to mentorship, guidance and connecting the Applicant and employers.
1.5 The Platform shall not at any time be obliged to provide the mentoring or other services to the Applicant, the
providence of these services are based on the sole discretion of the Platform. The Platform serves as an aid and
not provides any guarantee of placement or job offers.
1.6 The existence of this agreement shall prevent the Applicant and the Mentor or the Applicant and the
Employer from entering into a new and separate agreement whereby the Mentor provides services to the Mentee
on a fee-paying basis, or the Employer provides the employment contract, but if such an agreement is entered
into, it shall be treated as the breach of this agreement and the Applicant shall inform the Platform of such
arrangement, if any.

2.​ ​Terms and​ ​Liability

2.1 The Applicant agrees to be open to feedback that the Mentor shares and will respect the insight and
experiences shared by the Mentor.
Provided, the Applicant shall not at any time be obliged to act on any information, suggestion, advice or
guidance given to the Applicant as a part of the services of the Platform and the abovementioned services under
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Clause 1, but if and to the extent that it does so, it shall do so at its own risk. The Applicant hereby
unconditionally and irrevocably waives any rights of action it may have as against the Company in relation to
any such information, suggestions, advice or guidance.
2.2 The Company shall not be liable for any loss or damages caused due to any action as stated under Clause
2.1 or due to any action resulting from the breach of the terms of this agreement.
2.3 The Applicant acknowledges that any services provided in accordance to this agreement are provided
free of charge and in good faith. The Company will not be liable to the Applicant or to any third party for any
loss, damage, costs or liabilities suffered as a result of this agreement, the existence of the relationships between
the parties or the services provided.
2.4 The Applicant is advised to take independent financial, legal or other appropriate professional advice before
acting on any information, suggestion, advice or guidance given by the Mentor, or the Company.
2.5 The Company does not recommend the use of the services, including the platform and channels, for hosting
of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage
to any such content.
2.6 The Company shall not be liable or responsible in any way for any direct, indirect, incidental, consequential,
punitive, or exemplary damage, loss, or injury of any kind or nature incurred as a result of the Applicant’s use of
any information or content, including the accuracy and appropriateness of all data, information, and content it
submits during the interviews with the Employers, including its name, internships, educational qualifications
and other details.
2.7 The Applicant acknowledges and agrees that regardless of the manner in which the mentors or the
employers may be offered to it, the Company merely acts as an intermediary platform between the Applicant
and them, and does not in any way endorse any such party, or shall be in any way responsible or liable with
respect thereto. The Company will not be a party to, or in any way be responsible for monitoring, any
interaction or transaction between the Applicant and any Employer or Mentor outside the official channel
provided by the Company.

3. Term

3.1 This relationship with the Company may vary in length depending on circumstances. Our goal is to maintain
this relationship for six months.

However, either party has the option of discontinuing the relationship for any reason. Provided, the terminating
party notifies the other, 15 days in advance​, through written communication to the registered email address of
the other party.

4.​ ​Confidentiality

4.1 The Applicant hereby permits the Company to refer to the Applicant, its work, resume, and the
compensation/package offered by the Employer to the Applicant or any other information submitted to the
Platform or exist in the Platform’s domain and the existence of the arrangement contemplated by this agreement
in any publication or material it may use to provide the services, publicise and promote the work of the
Company.
4.2 The Applicant shall not use or mention the Platform's name, logo or any other intellectual property
of the Platform/Company in any of their publicity materials or in any announcement for personal or monetary
gain, without the prior written consent of the Company.
Whereas, the Applicant is permitted to use or mention the Platform's name, logo for the positive publicity of the
Platform and the arrangement according to the code of conduct and privacy policies of the Platform.
4.3 The Applicant will keep in strict confidence the existence and content of this agreement and as part
of the services including the feedback provided by the mentors. Furthermore, any sensitive issues and any
information of a confidential nature which it obtains about either of the other parties as a result of the
arrangements contemplated by this agreement or discussed between the parties shall be held in the strictest of
confidence.

This clause shall not apply in relation to any information that is already available in the public domain, or for the
contents and creation of the Applicant, other than as a result of a breach of this clause by the Applicant.

5. Communication Etiquette
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​ ​ Service Agreement

5.1. The preferred modes of contact and communication between the Mentor and any Applicant would be at the
platform as provided by the Company for the purpose. Applicants are explicitly advised to communicate with
the mentors and other users through the channels provided by the Platform for the same and refrain from the use
of personal chats and direct messages.
5.2 Every communication and expression with the Mentor or other users of the Platform shall be done in good
faith and in a positive and polite manner.
5.3 Any communication, including social media posts, shall not encourage any defamatory, bring disrepute or
harm to the Company, Platform, the user of the Platform including the mentors.
5.4 Any communication between the Mentor and Applicant or the Applicant and the Employer after the
completion of this arrangement including the completion of the mentorship period, the completion of the
connecting the Applicant with the Employer, or the termination of this agreement, would not fall under the
purview of this contract and the Company would not be liable for any such communication and the resulting
liability, if any.

Furthermore, any violation of clause 5 may lead to barment of the Applicant from all and every platform and
affiliates of the Company and may lead to the termination of the agreement. The violation may expose the
Applicant to legal action depending on the severity of the hate, or harm, or damage caused from the speech or
expression in question, if any.

6. Compensation

Applicant acknowledges that all the services provided by the Platform pursuant to this agreement are provided
to the Applicant free of charge and in good faith.

The Company is not obligated to pay or compensate the Applicant in any kind for any circumstances.

7. Warranties and Representations

7.1 The Applicant agrees and undertakes that:

a) The Applicant owns all rights in and to any content uploaded or provided by it, or imported, copied or
uploaded by the Platform in relation to the Applicant as a result of the arrangements contemplated by
this agreement, including any designs, images, animations, videos, audio files, fonts, logos, code,
illustrations, compositions, artworks, interfaces, usernames, information provided for the purpose of
creating a subdomain name, text, literary or advertisement works and any other materials (“Content”),
or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in
and to the Content, as necessary to legally access to, import, copy, use, publish, transfer or license such
Content, by the Applicant and the Company or any of our affiliates;
b) The Content provided by the Applicant, if any, as a result of the arrangements contemplated by this
agreement is (and will continue to be) true, current, accurate, non-infringing upon any third party
rights, and in no way unlawful for it to upload, import, copy, possess, post, transmit, display or
otherwise use, in the country in which it reside;
c) The Applicant allows the Company to use in perpetuity, worldwide and free of charge, any version of
this arrangement, contemplated by this agreement, in good faith for marketing and promotional
activities, online and/or offline, and modify it as reasonably required for such purposes, and the
Applicant waives any claims against the Company or its affiliates on its behalf relating to any past,
present or future rights, or any other similar rights worldwide that the Applicant may have with respect
to such limited permitted uses.

7.2 The Applicant agrees and undertakes not to:

a) Use any illegal action to collect login data and/or passwords for other competitive websites, third
parties, software or services;
b) Impersonate any person or entity or provide false information on the Company and/or the Platform,
whether directly or indirectly, or otherwise perform any manipulation in order to disguise its identity or
the origin of any message or transmittal it send to the Company or any end user including other
applicants and mentors;
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​ ​ Service Agreement

c) Falsely state or otherwise misrepresent its affiliation with any person or entity, or falsely express or
imply that the Company or any third party endorses the Applicant, it's business, products, or any
statement it makes, if any;
d) Reverse look-up, trace, or seek to trace another user of the Platform, or otherwise interfere with or
violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable
information about visitors or users of the Platform without their express and informed consent;
e) Sell, license, or exploit for any commercial purposes any use of or access to the content of the
Company that is not under the Applicant's own content and creation or under its intellectual property,
except as expressly permitted by the Company;
f) Access or use the Platform and its services for benchmarking or similar competitive analysis purposes
or in order to build a competitive product or service; and
g) Act in any manner which might be perceived as damaging to the Company’s reputation and goodwill
or which may bring the Company into disrepute or harm.

8. Addressing Conflict in Good Faith

8.1 The Applicant shall address any conflict, issue or confrontation, arising out of or in relation to in any manner
with the Company, its users including the Mentors or its affiliates ("​Dispute​"), in good faith with an intent to
resolve it.
8.2 The Applicant shall take the dispute, of any nature, first to the, below-mentioned, redressal system of the
Company.
8.3 The Applicant shall refrain from going public with the Dispute without trying to resolve the dispute with the
Company in good faith. Any breach or non-compliance of this clause may lead to termination of this agreement,
the Applicant its right and claim, if any, and it will expose the defaulter to legal actions to the extent of damages
suffered by the other party.

9. Grievance Redressal

9.1 The Applicant shall file a notice of conflict/dispute with the grievance redressal team by sending the notice
to the registered email of the Company and the maintainer of the Platform.
9.2 The Applicant shall wait for​ at-least 72 hours ​for the acknowledgment of the dispute.
9.3 In the event of no dispute resolution, the parties shall take the dispute for Arbitration.

10. Code of conduct

10.1 The Applicant shall act reasonable and not act in a manner which might be perceived as damaging to the
Company’s reputation and goodwill or which may bring the Company into disrepute or harm during and after
the duration of this agreement;
10.2 The Applicant shall not publish any damaging or negative content in public in relation to the Company,
Platform, their users including Mentors in relation to this arrangement or course of agreement.
10.3 The Applicant shall follow the terms and conditions, including the social media policies and the privacy
policies as published on the Platform.
10.4 The Applicant should not use any third parties’ content or intellectual properties.

11. Exclusivity

11.1 The Applicant shall not circumvent the system and arrangement of this agreement and connect to the
Employer including its affiliates, associates or any third party or platform directly.

Furthermore, the Applicant shall communicate and inform the Platform about any or such suggestion regarding
any employers or any third party the Applicant wishes to connect with or work for, irrespective of the fact that
that employer is or not associated with the Platform.

Any breach of this clause will lead to termination of this agreement and expose the defaulter to legal actions to
the extent of damages suffered by the other party.

12. Content and Ownership

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12.1 As between the Company and the Applicant, the Applicant shall own all intellectual property pertaining to
its Content and to any other materials created by the Applicant, including to any designs, images, animations,
videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works.

12.2 The Company does not claim ownership rights on the Applicant’s content. For the sole purpose of granting
the service, the Applicant knows and agrees that the Company will need to access, review or use the content for
publicity or for other purposes necessary to perform our services, as the Company deems fit.

12.3 The Company is not to be considered a “publisher” of the Applicant’s content, the Company does not
endorse the Applicant’s content, and will not be liable for any content used by the Applicant or anyone else.

13.​ ​Termination

In the event one of us believes it is no longer productive for us to continue or the situation is compromised, we
may terminate this contract in accordance with clause 3.

14. Miscellaneous

14.1 Nothing in this agreement is intended to, or shall be deemed to, constitute a partnership or joint venture
of any kind between any of the parties, nor constitute the Applicant as the agent or employee of the Company
for any purpose.
14.2 A person who is not a party to this agreement shall not have any rights under or in connection with it.
14.3 This agreement shall be governed by, and construed in accordance with, Indian law, and the parties
irrevocably submit to the exclusive jurisdiction of the courts of India.
14.4 Termination of this agreement shall not affect those provisions hereof that by their nature are intended
to survive such termination.
14.5 In the event that the Applicant has entered into any agreement with other platforms or products of the
Company, this agreement shall be read as an additional understanding and shall be interpreted and construed
accordingly.
14.5 This contract may be amended, modified, changed or altered by a written instrument executed by each of
the parties hereto. However, the parties shall not, without the prior approval of the Company, agree to any
amendment or modification of this Agreement.

14. Arbitration and Governing Law

14.1 This agreement shall be governed by the laws of India. Every dispute, difference or question which may at
anytime arise between the Parties, if not resolved under the mechanism of clause 9, hereto or any other person
claiming under them, touching or arising out of or in respect of this agreement or the subject matter thereof shall
be referred to the sole arbitrator appointed by the Company and the award passed by the Arbitrator shall be final
and binding on the parties hereto. The venue of the Arbitration shall be New Delhi, and language shall be
English. Subject to arbitration, all and any disputes shall be subject to the jurisdiction of the courts at New
Delhi, India.
14.2 This agreement shall be governed by and constructed and interpreted in accordance with the laws of India.
14.3 If any term or provision of this agreement is declared invalid by a court of competent jurisdiction, the
remaining terms and provisions of the Agreement shall remain unimpaired and in full full force and effect.

IN WITNESS WHEREOF, ​by checking the box that states “​I agree to the terms of the mentorship
agreement linked above.​” on the service agreement form, you have explicitly signified your
acceptance for this agreement and ​hereto have caused this agreement to be duly executed on the day and year
first above written.