MOBILE APPLICATION TERMS AND CONDITIONS
Effective Date: 05/11/2020
App Covered: GAVI
THE AGREEMENT: These terms and conditions apply to You, the user of this application, and Americos Technologies Pvt. Ltd. the Owner and operator of the following application: GAVI (the "Application"). The use of this Application is provided by Americos Technologies Pvt. Ltd. (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this Application (hereinafter collectively referred to as "Application") and any services provided by or on this Application ("Services").
The parties referred to in this Agreement shall be defined as follows:
‘‘Company, Us, We’’ means the creator, operator, and publisher of the Application, makes the Application, and certain Services on it, available to users.
"Content" means any content, writing, images, audiovisual content or other information published on this Service.
"Materials" means any materials, information or documentation that we may provide to You in connection with Your use of the Products including documentation, data, information developed any use and other materials which may assist in Your use of the Goods or Service.
"Parties" means both You (the user of the Service) and the Company
"Service" means the application, which is known as: GAVI including all pages, sub pages, all blogs, forums and other connected internet content whatsoever.
"Terms" means these terms and conditions.
‘‘You’’ means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
"Your Content" means any audio, video, text, images or other material You choose to display on this Application subject to the restrictions provided in this Agreement.
User Content refers to any audio, video, text, images or other material users choose to display on this Application.
2) ASSENT & ACCEPTANCE
By using the Application, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Application immediately. The Company only agrees to provide use of this Application and Services to You if You assent to this Agreement.
3) AGE RESTRICTION
You must be 12+ to use this Application or any Services contained herein. By using this Application, You represent and warrant that You are 12+. The Company assumes no responsibility or liability for any misrepresentation of Your age.
4) LICENSE TO USE APPLICATION
The Company may provide You with certain information as a result of Your use of the Application or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Application or Services ("Company Materials"). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Application and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Application or Services or at the termination of this Agreement.
5) INTELLECTUAL PROPERTY
You agree that the Application and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
a) In order to make the Application and Services available to You, You hereby grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload, or otherwise make available to the Application ("Your Content"). The Company claims no further proprietary rights in Your Content.
b) If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know via email by sending this to: email@example.com
6) USER OBLIGATIONS
As a user of the Application or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your phone number OTP authentication, email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Application and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Application or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
The user may receive a free trial period, after which the user will be required to pay a monthly or yearly subscription fee, which may change in the App Store or Google Play Store or Microsoft Store without notice to the User.
The subscription for our Services will be automatically renewed before the end of each subscription until the Services are terminated.
The Owner reserves the right to terminate Your account where You have provided false inaccurate or incorrect information.
The user have the option to make a one time purchase in app.
Our Services may allow you and other users to create, post, store and share content, including photos, videos, messages, text, software and other materials. (User content)
7) ACCEPTABLE USE
You agree not to use the Application or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Application or Services in any way that could damage the Application, Services, or general business of the Company.
a) You further agree not to use the Application or Services:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others;
IX) To publish or distribute obscene or pornographic content, either video, audio or images.
Our app is based on video calling and there is a flashlight feature in which screen turns maximum bright. Due to the flashlight, if it has any impact on users eyes or creates an accident due to it, we are not responsible for it.
8) PRIVACY INFORMATION
Through Your Use of the Application and Services, You may provide Us with certain information. By using the Application or the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.
a) Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address, phone number and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Application or Services, We may also receive information from external applications that You use to access Our Application, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our Application, including through phone number or email communication. We may also track certain aspects of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address. If You choose to terminate Your account, the Company will not store information about You.
9) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Application or Services;
b) Violate the security of the Application or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
10) DATA LOSS
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Application or Services is at Your own risk.
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Application or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
12) SPAM POLICY
You are strictly prohibited from using the Application or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
13) THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party Applications or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Application.
14) MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Application and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Application after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
15) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Application. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Application.
16) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Application to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Application may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
17) TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
18) NO WARRANTIES
You agree that Your use of the Application and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Application or Services will meet Your needs or that the Application or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Application or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Application or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.
19) LIMITATION ON LIABILITY
The Owner is not liable for any damages that may occur to You as a result of Your use of the Application or Services, to the fullest extent permitted by law.
20) GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
b) JURISDICTION, VENUE & GOVERNING LAW: Through Your use of the Website or Services, You agree that the laws of India shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between You and the Owner, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these Terms of Service is initiated, the Parties agree to submit to the exclusive jurisdiction of the courts at Ahmedabad Gujarat, India. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
c) ARBITRATION: Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope operation or effect of this Agreement or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.
d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, pandemics, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: firstname.lastname@example.org