Terms and Conditions of Use

THIS TERMS AND CONDITIONS OF USE IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS TERMS AND CONDITIONS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

The purpose of this Mobile Application named inChat (“App”) owned and operated by [] (“Us” or “We” or “Our”), is to provide [] services more particularly set out and described in the App. Please read these Terms and Conditions of Use (“Terms”) entirely and carefully before using the App or any services provided on the App (“Services”). By installing, using or accessing Our App or the Services, you agree to become bound by all the terms and conditions provided in these Terms (“Subscriber” or “You” or “User” or “Your” or “Yourself”, “Registered User”). These Terms in addition to laying out terms of use for our App also regulate and control the Content and protect the rights of all copyright holders of the Content (defined in Clause 5) on the App. Violation of these Terms may, in Our sole discretion, result in termination of Your Account with Us. You agree the Services are accessed by You under the following Terms:

  1. Eligibility

    1. You represent and warrant that You are at least 18 years of age (or such age required in the country where You are located for You to be authorised to use Our App and Services without parental approval) (“Eligible Age”). No person who has not attained the Eligible Age will provide any personal information on the App including but not limited to name, address, contact details and email address. You also certify that you are legally permitted to use and access the App or Services and You take full responsibility for the use and access to the App or Services. These Terms are void if prohibited by any law in any country or any part or territory or city or state of any country (“Prohibited Territory”) and the right to use and access the App or Services is forbidden in the Prohibited Territory. You acknowledge and undertake that the use and access the App or Services by You is done at your own risk and You are responsible for compliance with the laws in the jurisdiction applicable to You.
  2. Acceptance of Terms

    1. By accessing the App or Services, or using and / or registering for the Services, including but not limited to browsing or accessing the App, You agree to these Terms and all other policies that may be put up on the App from time to time. These Terms and any policy put up on the App may be updated at any time without any notice to You.
  3. Registration

    1. The use and access of the App and Services requires You to register Yourself with the App. You cannot browse, use or access the App or any Services without registering Yourself with the App.
    2. After the App is installed on Your mobile or tablet, You will be asked to sign in and register Yourself with the App (“Account”) by signing in through your Facebook account (“Registration”).
    3. We reserve the right to demand additional information and You hereby agree and undertake to provide such additional information at all times. You represent and warrant that You will provide complete and accurate information in Your Account at all times.
    4. You will not create an Account with the App through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
    5. In case We ask You to select a username, You undertake and warrant that You will not:
      1. select a name and use it as a username, if that name is obscene, vulgar or offensive. Further, You give us the right to reject and / or decline in our sole discretion, your request to use a name as Your username, if such name is deemed to be objectionable by Us;
      2. select a name and use it as a username, name of any person with the intent to impersonate that person;
      3. select a name and use it as a username, any name in which any third party owns any right to use such name without prior approval of such third party.
      4. select a name which is a domain name or website Uniform Resource Locator (“URLs”) as a username without prior written consent from us.
    6. We may ask you to change Your username at any point of time for any reason whatsoever, and You agree to change Your username within [] hours of such request being notified to You by Us.
    7. After You register and create Your Account, You will be solely responsible for keeping your Account secure.
    8. We reserve the right to force termination of use of any username for any reason.
  4. Responsibility and Access to Account

    1. You will not provide access of Your Account to any third party or publish or distribute Your Account login details anywhere and We will not be responsible for Your Account after you complete the Registration process.
    2. You agree that You will be responsible for any and all the activity in connection with the App and the Services.
    3. You agree that you will not solicit, collect or use the login credentials of any person who uses the App or the Service.
    4. You will not use or access the App or Service for any illegal purpose or any purpose which is in violation of these Terms. You agree to comply with all the laws, rules and regulations applicable to Your use and access of the App or Service and the Content (defined in Clause 5), including but not limited to copyright laws.
  5. Content and Intellectual Property Rights

    1. For the purposes of the Terms, “Content” includes without limitation, information, data, text, photographs, GIFs, audio clips, written posts and comments, scripts, software graphics and interactive features generated, provided or otherwise made accessible on or through the App. Content also includes, all Content added, uploaded, submitted, distributed, posted, submitted or uploaded on the timeline of Your Account or the App and includes Content created using the Services by You and other users of the App whether publicly posted or privately transmitted.
    2. You agree that You will be solely accountable for the Content that you post, submit or display on or via the App.
    3. You hereby grant Us, a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense) to use, copy, cache, display, distribute, modify, create derivate works and store such Content posted, submitted or uploaded by You on the App using our Services and to allow other Registered Users to do the same including after termination or deactivation of Your Account or the Services. You represent and warrant that You have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation copyrights, trademarks, contract rights or any other intellectual property or proprietary rights.
    4. We retain all intellectual property rights (including, but not limited to, any and all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any country and jurisdiction, including applications and registrations for any of the foregoing) embodied in or relating to the App, Services and the Content, the design or operation thereof, any modification or enhancements thereto, any other technical information relating to the provision thereof and / or any Content uploaded and / or made available by and / or on the App (collectively, "Intellectual Property Rights"). You must not do anything that would jeopardize, damage, limit or interfere with our Intellectual Property Rights or our interest in them.
    5. In addition, if you are a Registered User, and subject to your strict compliance with these Terms at any and all times, during your use of the App, We grant you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to:
      1. post, submit or upload Content to and keep such Content available on the App strictly as permitted in accordance with these Terms and any other applicable policies posted on the App from time to time;
      2. use the App and the Services provided by Us strictly as permitted in accordance with these Terms and any other applicable policies posted on the App from time to time.
    6. No licenses or rights are granted to You by implication or otherwise, except for the licenses and rights expressly granted to you.
    7. The licenses granted in Clause 5.5 are conditional upon your strict compliance with these Terms and the Privacy Policy at any and all times during Your use of the App and the Services, including, without limitation the following, You agree not to:
      1. or assist others to access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our App or Services;
      2. copy, rip or capture, or attempt to copy, rip or capture, any Content from the App, other than by means of download or offline saving options in circumstances where the relevant Registered User has elected to permit downloads of the Content.
      3. adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on the App at any and all times, except:
        1. where such Content is Your content, or
        2. as permitted under these Terms and within the parameters set by the Registered User who has posted, uploaded or submitted such Content.
      4. employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
      5. employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the App, or to misrepresent your activity on the App, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your Account, play / view Content, follow or unfollow other Registered Users, send messages, post comments or otherwise to act on Your behalf particularly where such activity occurs in a multiple or repetitive manner.
      6. alter or remove, or attempt to alter or remove, any trademark, copyright, or other proprietary or legal notices, contained in or appearing on the App or any Content appearing on the App, other than Your Content on the App.
      7. and not permit any third party to, copy or adapt the source code of the App, reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the App, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to the Content other than Your Content.
      8. rent, sell or lease access to the App or any Content on the App.
      9. sell or transfer or offer to sell or transfer Your Account to any third party without the prior written approval from Us.
      10. collect or attempt to collect personal data or any other kind of information about other Registered Users including without limitation, through scraping.
      11. Violate, circumvent or attempt to violate or circumvent any data security measures or authentication procedures employed by Us; access or attempt to access data or Content which are not intended for Your use; log into or attempt to log into, a server or account which you are not authorised to access; attempt to scan or test the vulnerability of Our servers, system or network; attempt to interfere with the App or the Services by any means including, without limitation to hacking or overloading our servers or systems, uploading a virus to our servers or App, or do any activity which results in crashing of our servers or App.
    8. Without limitation to any other rights or remedies available to Us, We reserve the right to investigate any situation as explained in Clause 5.6.10 and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
  6. General conditions and Rules of Conduct

    1. You will not use the App and / or the Services for any purpose that is prohibited by these Terms.
    2. You agree not to interfere or disrupt the App or Services or servers or networks connected to the Service including by transmitting any worms, viruses, spyware, malware or any other code of a destructive nature. You shall not inject content or code or otherwise alter or interfere with the way the Service is rendered or displayed on a device or tablet.
    3. You understand and agree that We cannot and will not be responsible for the Content posted on the App and You will be using and accessing the App or Service at your own risk. If you are found to be in violation of the spirit of these Terms or otherwise create risk or possible legal exposure for Us, We can stop providing all or any part of the Service to You.
    4. We reserve the right to modify or terminate the Service or your access to the App or Service for any reason, without notice, at any time.
    5. You will be solely responsible for any communication with any other user of the App or the Service, whether online of offline. You agree that We will not responsible or liable for the conduct of any user. We have the right, but are not obligated to monitor or become involved in disputes between You and other users.
    6. You hereby undertake and agree that You will be responsible for all the carrier data plan and other fees and taxes associated with Your use of our App and Services. We may charge You for our Services, including applicable taxes. We may refuse or cancel any transactions entered by You with Us. We do not provide refund for Our Services that you have purchased, except as required by law.
  7. Third Party Services

    1. The App or the Services may permit You to link to other websites, services or resources or You may gain access from the App to any third party sites on the internet including but not limited to websites, services or resources that may contain links to the Services (“Third Party Resources”).
    2. Whenever You access Third Party Resources, You do so at Your own risk. The Third Party Resources are not under Our control and supervision.
    3. Unless explicitly stated otherwise, We are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources.
    4. The inclusion of any Third Party Resources in the App or the Service does not imply our association between Us and the Third Party Resources in any manner whatsoever.
  8. Respect of Third Party Rights

    1. We respect the intellectual property of others and take the protection of intellectual property very seriously, and we ask our Registered Users to do the same. Infringing activity will not be tolerated on or through the App and Services.
  9. Repeat Infringer Policy

    1. The App’s intellectual property policy is to:
      1. remove Content that We believe in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the App; and
      2. remove any Content posted, submitted or uploaded on the App by “repeat infringer”.
      3. We consider a “repeat infringer” to be any Registered User that has posted, submitted or uploaded Content on the App and with respect to which We have received more than two takedown notices. We have the discretion to terminate the account of any Registered User after receipt of a single notification of claimed infringement or upon or own determination.
  10. Procedure for Reporting Claimed Infringement

    1. If you, whether or not you are a Registered User of the App, believe that your copyrighted work was posted, submitted or uploaded on the App without authorization, you may submit a copyright infringement notification. Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit such a notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. If you believe that any Content made available on or through the App has been used or exploited in a manner that infringes an intellectual property right you own or control, promptly send a notification of the claimed infringement containing the following information to us. Your communication must include substantially the following:
      1. a physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has / have been allegedly infringed;
      2. identification of the work(s) claimed to have been infringed;
      3. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address on which the complaining party may be contacted;
      4. a statement that you have a good faith belief that use of the infringed work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      5. a statement that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. You should consult with your lawyer and / or see the relevant provisions of the Copyright Act, 1957 to confirm your right to send valid notice of claimed infringement
    3. You can send written notices for any claimed infringement of your work(s) by email or by post / courier to the address given at the end of these Terms.
  11. Counter-Notification

    1. If you, whether or not you are a Registered User of the App, believe that your copyrighted work was posted, submitted or uploaded on the App without authorization, you may submit a copyright infringement notification. Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit such a notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. If you believe that any Content made available on or through the App has been used or exploited in a manner that infringes an intellectual property right you own or control, promptly send a notification of the claimed infringement containing the following information to us. Your communication must include substantially the following:
      1. your physical or electronic signature;
      2. identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or access to it was disabled;
      3. a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content to be removed or disabled;
      4. your name, address and telephone number; and
      5. a statement that you consent to the jurisdiction of the Courts within the jurisdiction of Mumbai, and that you will accept service of process from the person who provided a notice in compliance with our procedure for reporting claimed infringement as provided in Clause 10.
  12. Retract of a Claim of Copyright Infringement

    1. After submitting a copyright infringement notification, a copyright owner may realize that they have misidentified Content or may change their mind about their complaint.
    2. If you caused any Content to be removed:
      1. If you would like to retract a claim of copyright infringement, please make sure to send us the following information:
        1. a statement of retraction;
        2. complete and specific location on the App of the Content in question;
        3. your electronic or physical signature.
      2. Please submit your retraction in writing to us at the same email or postal address identified in Clause 10.3 for reporting copyright infringement.
    3. If your Content was removed:
      1. If you are a user affected by a copyright claim, you may reach out to the copyright owner directly in search of a retraction.
  13. Content Boundaries

    1. You must access and use our Services only for legal, authorized and acceptable purposes.
    2. Adult and harmful Content

      1. We do not allow and You agree not to host, display, upload, modify, publish, transmit, update or share any Content that:
        1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic including images or videos that contain nudity, sexual activity or encourage rape, incest, bestiality or necrophilia (“adult content”), pedophilic, libelous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
        2. harms minors in any way including but not limited to any Content which promotes or depicts child sexual abuse;
        3. infringes any patent, trademark, copyright or other proprietary rights;
        4. violates any law for the time being in force in India or any other Country from where you are accessing Our App and using the Services;
        5. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
        6. impersonate another person;
        7. is private or confidential information, including but without limitation, Your or any other person’s credit card information, social security or any other identification number under any law in the world, non-public phone numbers or non-public email addresses.
        8. belongs to another person and to which the Registered User does not have any right to;
        9. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of our App or any computer resource (for the purposes of these Terms, the term ‘Computer Resource’ means computer resources as defined in clause (k) of sub-section (1) of Section 2 of the Information Technology Act, 2000);
        10. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insult any other country;
      2. Further, We do not permit our App to be used as a way to make money on any Content which is in violation of Clause 13.
    3. Reporting of Violations

      1. Please report suspected violations of clause 13 to us at the e-mail address and / or the postal address identified in Clause 10.3
      2. We will review such suspected violations and take appropriate action within 36 (thirty six) hours of receiving the complaint under clause 13.5.1, based on the severity of the violation, such as:
        1. delete the Content which in violation of Clause 13;
        2. disable the Registered User’s access to his / her account on the App;
        3. terminate the Registered User’s account on the App;
        4. report the Registered User to law enforcement;
      3. We may also take an action under Clause 13.3.2, if We find that a Registered User has created multiple accounts on the App and has engaged in repeated behaviour which violates the provisions of Clause 13.
  14. Termination

    1. We may terminate Your access to all or any part of the App or Services at any time, with or without cause, with or without notice, which may result in the destruction and loss of all the Content and information in Your Account.
    2. We have no obligation to, but we may at our sole discretion, remove, edit, block and / or monitor Content or Account containing such Content that we determine in our sole discretion violates these Terms.
  15. Deactivation / Deletion of Your Account

    1. You can deactivate Your Account at any time by logging into the App and sending request to delete account. Once we favorably process the request to delete Your Account, Your account information and Content including but not limited to photos, comments, likes, followers and all other data will no longer be accessible through Your Account.
  16. Warranty Disclaimer

    1. We have no special relationship with or fiduciary duty to You.
    2. You acknowledge that We have no control over, and no duty to take any action regarding:
      1. which person gains access to the App or the Services or creates an Account;
      2. what effects the Content may have on the Subscriber;
      3. how you may interpret or use the Content, or what actions You may take as a result of having been exposed to the Content.
    3. We do not take any responsibility of the Content and You release Us from all liability arising due to or in connection with the Content.
    4. The App may contain, or direct You to Third Party Resources containing information that You may find offensive or inappropriate, We make no representations pertaining to any Third Party Resources and information contained therein and we will not be responsible for the accuracy, compliance with copyright laws, legality or decency of any information or material contained in or accessed through the App.
    5. We will make reasonable efforts to preserve the Content on the App, but, We disclaim all the liability and responsibility for the failure to store, preserve or access the Content or any information that You may transmit or archive on the App.
    6. The Content, Services and App are provided on “as is” basis, without warranties of any kind, either express or implied.
    7. We make no representation s or warranties of any kind with respect to the App or the Services including any representation or warranty that the use of the App or the Services will:
      1. be timely, uninterrupted or error-free;
      2. meet Your expectations or requirements;
      3. be free from errors or defects;
      4. be free of viruses or other harmful components which might damage Your device through which you are accessing the App and / or using the Services.
    8. We disclaim any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the Services, Content and the App. By using the App, You acknowledge that We are not responsible or liable for any harm resulting from:
      1. use of the App;
      2. downloading information or Content from the App;
      3. unauthorized disclosure of images, information or data that results from the upload, download or storage of Content posted by users having an Account on the App;
      4. the temporary or permanent inability to access or retrieve Content from the App including but not limited to harm caused by viruses, worms, trojan horses or any similar destructive program;
  17. Indemnification

    1. You will indemnify and hold Us, Our directors, officers, employees, agents harmless, including any costs and / or lawyer’s fees, from any claim or demand made by any third party due to or arising out of Your access or use of the App or the Services, the Violation of the Terms by You, or the infringement by You or any third party using Your Account, of any intellectual property or any other right of any person or entity.
  18. Limitation of Liability

    1. In no event shall We or Our directors, employees, agents or partners be liable with respect to the App or the Services for:
      1. any indirect, incidental, punitive or consequential damages of any kind whatsoever;
      2. damages for loss of use, profits, data, images, Content or other intangibles;
      3. damages for unauthorized use, non-performance of the App or the Services, errors and / or omissions;
      4. damages related to downloading or posting Content.
  19. Governing Law and Jurisdiction

    1. The Terms shall be governed by and construed in accordance with the laws of India including its conflict of laws rules. You agree that the Courts in Mumbai, India shall have exclusive jurisdiction for any dispute arising from and relating to the App or the Services or the Terms.
  20. Modification

    1. We reserve the right to change or modify these Terms (“Updated terms”) from time to time, or change, suspend or discontinue the Services including without limitation the availability of any Services or Content at any time by posting updates and / or changes to the App or the applicable Services or by sending you notice through the App or via e-mail. We may also impose limits on certain Services or restrict your access to parts or all of the Services without notice.
    2. We may provide You with advance notice before the Updated terms become effective. You agree that We have the right to Notify You about the Updated Terms by posting the Updated Terms on the App, and that Your use of the App or the Service after the effective date of the Updated Terms, or engaging in such other conduct as We may reasonably specify, constitutes your agreement to the Updated Terms. You agree to review these Terms and any Updated Terms before using or accessing the App or the Service. The Updated Terms will be effective from the time We post it on the App or such later date as may be specified in the Updated Terms and will apply to Your use of the Service from such effective date. These Terms will govern any dispute arising before the effective date of the Updated terms.
  21. Miscellaneous

    1. Entire agreement: These Terms are the entire agreement between You and Us with respect to the Services, including use and access of the App and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Us with respect to the Services.
    2. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and enforceable.
    3. Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including but not limited to mechanical, electronic or communications failure.
    4. Assignment: These Terms are not assignable or transferable in any manner whatsoever by You except with Our prior Consent. We may assign, transfer or delegate any of our rights and obligations in these Terms without Your consent.
    5. Agency: No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither You nor We have any authority of any kind to bind the other in any manner whatsoever.
    6. Notices: Unless otherwise specified in the Terms, all notices under the Terms will be in writing or through e-mail and will be deemed to have been duly given when received, if personally delivered or sent by registered post acknowledgement due when the acknowledgement is received on the e-mail address or postal address as identified in Clause 10.3
    7. No waiver: Our failure to enforce any part of the Terms shall not constitute a waiver of our right to later enforce that or any other part of the Terms.
    8. Headings: The section and paragraph headings in the Terms are for convenience only and shall not affect the interpretation of the respective sections and paragraphs.
EFFECTIVE DATE OF TERMS: The terms and conditions were last updated on 01/07/2017
IF YOU HAVE ANY QUESTIONS ABOUT THIS PRIVACY POLICY, PLEASE CONTANT US BY EMAIL AS FOLLOWS: [email protected]