Confidentiality Agreement between OPAL VERVE and the End User

Effective Date: 19-11-2024

This Confidentiality Agreement (“Agreement”) is a legally binding contract between OPAL VERVE (“the Firm”), an image consulting company, and the End User (“User”). The Agreement outlines the terms and conditions under which confidential information will be shared and maintained, as well as the use of client materials for marketing and promotional purposes. By using the Firm’s services, the User agrees to be bound by the terms outlined in this policy.

  1. Definitions
    1.1 Confidential Information : Any non-public information disclosed by the User to the Firm, including but not limited to personal details, photographs, professional data, consultation records, and any other proprietary information related to image consulting services.
    1.2 Client Materials : Includes photographs, video footage, testimonials, feedback, and other materials provided by the User or created during the provision of services.
  2. Confidentiality Obligations of OPAL VERVE
    2.1 Protection of User Information :
    a. The Firm shall maintain strict confidentiality of all non-public information provided by the User and shall not disclose such information to any third party without the User’s prior written consent, except as required by law.
    2.2 Permissible Use :
    a. The Firm may use confidential information only for the purposes of delivering services agreed upon and improving its offerings.
    2.3 Access Restrictions :
    a. Only authorized personnel within the Firm shall have access to the User’s confidential information. The Firm will take all reasonable measures to ensure the protection and confidentiality of this information.
  3. Use of Client Images, Testimonials, and Materials
    3.1 Rights Granted to OPAL VERVE :
    a. By agreeing to this Agreement, the User grants the Firm a non-exclusive, royalty-free, worldwide license to use their images, video footage, testimonials, and related materials for promotional and marketing purposes.
    3.2 Platforms for Use :
    a. The Firm reserves the right to use client materials on various platforms, including but not limited to:
    i. YouTube
    ii. Instagram
    iii. Facebook
    iv. LinkedIn
    v. Twitter/X
    vi. Firm’s official website
    vii. Firm’s email communications
    viii. Firm’s blogs and vlogs
    3.3 Duration of Use :
    a. The Firm retains the right to use the client’s materials for an indefinite period
    3.4 Withdrawal of Consent :
    a. The User has the right to withdraw consent for the use of their materials by providing written notice to the Firm. The Firm will cease further use within 45 business days of receiving the request but will not be responsible for materials already published or disseminated.
  4. User’s Consent and Representations
    4.1 Warranties by the User :
    a. The User represents and warrants that they have the full authority to provide the materials and that their use by the Firm will not violate any third-party rights or applicable laws.
    4.2 Voluntary Submission :
    a. The User agrees that any testimonials or feedback provided are given voluntarily and may be used by the Firm without additional permission on any / all of its social media outlets for branding , promotion and business development activities
  5. Exceptions to Confidentiality
    5.1 Legal Requirements :
    a. The Firm may disclose confidential information if required by law, regulation, or legal process, provided that reasonable prior notice is given to the User (where legally permissible).
    5.2 Non-Confidential Information :
    a. Information that is publicly available or becomes public through no breach by the Firm shall not be considered confidential under this Agreement.
  6. Security Measures
    6.1 Data Protection :
    a. The Firm shall implement and maintain reasonable security measures to protect confidential information against unauthorized access, disclosure, or destruction.
    6.2 Encryption :
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    a. All electronic records containing confidential information will be stored and transmitted using encryption methods as deemed appropriate by the Firm to ensure data safety.
  7. Ownership of Materials
    7.1 Ownership :
    a. The firm retains all ownership rights to the materials provided.
    7.2 License to the Firm :
    a. The User grants the Firm the rights specified in Clause 3.1 for marketing and promotional use.
  8. Breach of Confidentiality
    8.1 Notification :
    a. If the Firm becomes aware of any unauthorized disclosure or breach of confidentiality, it shall notify the User promptly.
    8.2 Remedies :
    a. The User may seek injunctive relief and any other remedies available under applicable law in the event of a breach by the Firm.
  9. Indemnification
    9.1 User Indemnification :
    a. The User agrees to indemnify and hold harmless the Firm, its directors, employees, and agents from and against any claims, damages, liabilities, and expenses arising out of the User’s violation of this Agreement or any third-party rights.
  10. Governing Law
    10.1 Jurisdiction :
    a. This Agreement shall be governed by and construed in accordance with the laws of state of MAHARASHTRA , without regard to its conflict of law principles.
  11. Dispute Resolution
    11.1 Arbitration :
    a. Any disputes arising out of or in connection with this Agreement shall be resolved by binding arbitration in accordance with the statutory rules of ARBITRATION applicable in the state of MAHARASHTRA.
    11.2 Venue :
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    a. Any and all type of arbitration proceedings shall be conducted within the city limits of Mumbai (Maharashtra) as per the applicable arbitration laws of the state . Any and all such proceeding shall be conducted only in English language only.
  12. Amendments
    12.1 Policy Changes :
    a. The Firm reserves the right to update or modify this Agreement at any time. Significant changes will be posted on the Firm’s website with an updated effective date as and when deemed necessary by the firm.
    12.2 Acceptance of Changes :
    a. Continued use of the Firm’s services after any amendments constitutes acceptance of the revised terms.
  1. Severability
    13.1 If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
  2. Entire Agreement
    14.1 This Agreement constitutes the entire agreement between the User and the Firm regarding confidentiality and the use of client materials and supersedes any prior agreements or understandings.
  3. Contact Information
    15.1 For any questions or concerns regarding this Agreement, please contact: