TERMS AND CONDITIONS
Welcome to INDUSOS Mobile Platform (“INDUSOS Platform”). Your use of INDUSOS Services and related tools are governed by the following terms and conditions (“Terms”), which are incorporated herein by way of reference.
The Terms are effective upon subscription or commencement of usage of our INDUSOS platform which includes the App Bazaar and other related services (“Services”) and governs the relationship between the users of this platform (“You” or the “User” as the context may necessitate) and OSlabs Pte. Ltd. (“Us” or “We”).
In the event the Terms conflict with any other document / policy / content on our Mobile Application or Website, the Terms will prevail over them, for the purposes of usage of the INDUSOS Services. If you do not agree to be bound by the Terms, you may not use INDUSOS Services in any way. This electronic record is generated by a computer system and does not require any physical or digital signatures.
(A.) Accuracy of Content
To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on INDUSOS Platform. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this INDUSOS Platform.
(B.) Eligibility to Use
Use of our Services is available only to persons who can form legally binding contracts as per the applicable laws.
We reserve the right to terminate your subscription and / or refuse to provide you with access to the INDUSOS
Platform if it is discovered that you have not attained majority as per the applicable laws. However, in order to use INDUSOS, you must be 13 years of age or older. If you are between 13 and 18 years of age, and you want to use
INDUSOS, please read through the Terms with your parent or legal guardian, and only accept the Terms and use INDUSOS with the permission of your parent or legal guardian. You must not access INDUSOS or accept these Terms if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Products under the laws of the country in which you are resident or from which you access or use INDUSOS Platform.
(C.) Your Account and Registration Obligations
If you use the Services, you shall be primarily responsible for maintaining the confidentiality of the personal data, which you are sharing with us. You further agree to maintain and update your personal information as required to keep it accurate, current, and complete. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, We shall have the right to indefinitely suspend or terminate or block access of your membership and refuse to provide you with our services.
(D.) App Bazaar:
App Bazaar is a one-stop location for all regional applications and content. Consumers can discover, search, and download free applications from App Bazaar.
Use of INDUSOS Services:
You agree, undertake and confirm that your use of our Services shall be strictly governed by the following binding principles:
a. We will take all reasonable steps to protect the security of the data provided through the Services and shall ensure the accuracy and privacy of the personal information. However, You shall not hold Us responsible for any loss, damages etc. or any kind of losses of whatsoever nature that may be incurred/suffered by You if the information shared by You is inaccurate/incorrect for any reason.
b. To use the Services, You will need a device that meets the system and compatibility requirements for the relevant product, which may change from time to time, a working internet connection, and compatible software(s). Your ability to use the Service and the performance of the Service may be affected by these factors. Such system requirements are your responsibility.
c. You may incur access or data fees from third parties (such as your internet provider or mobile carrier) in connection with your access and use of products via INDUSOS Platform. For instance, You may incur such fees if you use Services provided through INDUSOS Platform on or through third-party services or devices. You are responsible for all such fees. Third party applications are licensed to you by the third party so your contract is with that third party.
d. Products and applications originating from App Bazaar may communicate with relevant servers from time to time to check for available updates to the products and to the functionality of INDUSOS, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Your use of such products you have installed requires that you have agreed to receive such automatically requested Updates. We may update any of its application or any application you have downloaded from App bazaar and any other app present on the device to a new version of such application, irrespective of any update settings that you may have selected within the application or your device, if we determine that the update will fix a critical security vulnerability related to the application.
e. If we disable access to Your account, pursuant to these Terms, You may be prevented from accessing App bazaar, Your account details or any files or other products that are stored with Your account.
f. For free products, We may allow You to download or use products free of charge. Any terms and conditions that apply to products that are purchased, will apply to free products, except with respect to payment-related matters. We may impose limitations on Your access and use of certain free Products. For Fee products, when You buy a product, You are buying a service. Your contract for the purchase and use of that service is completed once You receive the email from the service provider confirming Your purchase, and performance of this service begins as soon as the purchase is complete.
g. The contents, applications and other software applications made available through the Service are licensed, not sold, to you. Your license to each application you obtain through the Service is governed by these Terms and you agree that the Terms will apply to each application you license from the Services. The licensor reserves all rights not expressly granted to you.
h. You acknowledge that your license of each third party application through the Services is a binding agreement between you and the third party application provider only, and that third party application provider is solely responsible for the application, the content therein and warranties to the extent such warranties have not been disclaimed, and any claims you or any third party may have relating to that application or your use of that application. You acknowledge that We are solely acting as agent for the third party application provider in providing the application to you; is not a party to such license, and is not responsible for the application, the content therein, or any warranties or claims you or any third party may have relating to that application or your use of that application.
i. We reserve the right, in our sole discretion, to change, improve and correct the Services. The Services may not be available during maintenance breaks and other times. We may also decide to discontinue the Services or any part thereof in its sole discretion. In such case, you will be provided with prior notification.
You may not use Services for any of the following purposes
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, racist, obscene, or otherwise objectionable material. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. Gaining unauthorized access to other devices. Breaching any applicable laws. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. Tries to gain unauthorized access or exceeds the scope of authorized access to the INDUSOS Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the application or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
You may not use the Services to host, display, upload, modify, publish, transmit, update or share any information that: (a) belongs to another person and to which the user does not have any right to update or share; (b) is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights; (e) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the INDUSOS Platform, or in any way reproduce or circumvent the navigational structure or presentation of the INDUSOS Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the INDUSOS Platform. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the INDUSOS Platform, or any other systems or networks connected to the INDUSOS Platform or to any server, computer, network, or to any of the services offered on or through the INDUSOS Platform, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the INDUSOS Platform or any network connected to the INDUSOS Platform nor breach the security or authentication measures on the INDUSOS Platform or any network connected to the INDUSOS Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to INDUSOS Platform, or any other customer, including any account on the INDUSOS Platform not owned by You, to its source, or exploit the INDUSOS Platform or any service or information made available or offered by or through the INDUSOS Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the INDUSOS Platform.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the INDUSOS Platform OR any transaction being conducted on the INDUSOS Platform, or with any other person’s use of the INDUSOS Platform.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the INDUSOS Platform or any service offered on or through the INDUSOS Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
(2.) Intellectual Property
All material, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights and is owned by Us & third parties. Material on Services is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Services or use of the materials for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
(3.) Modification of Terms
You agree to defend, indemnify and hold us harmless, our employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of these Terms.
(5.) Governing Law and Jurisdiction
These Terms shall be construed in accord with the applicable laws of India. In the event of any dispute or difference either in interpretation or otherwise, of any provisions of these Terms, the same shall be referred to an independent arbitrator who will be appointed by us and his decision shall be final and binding on you. The above arbitration shall be in accordance with the arbitration laws of India. The arbitration proceedings shall be in English and will be held at Mumbai.
(6.) Term and Termination
These Terms will continue to apply until terminated by either you or by Us as set out below.
We may at any time, terminate the usage if:
(A) You have breached any provision of these Terms; or
(B) We are required to do so by law; or
(C) We decide to no longer provide the INDUSOS or certain parts of it to users in the country in which the user is resident or from which the user uses the Service, or the provision of INDUSOS or certain services to the user by us is, in our sole discretion, no longer commercially viable.
(7.) Effect of Termination.
We will not be liable to you for compensation, reimbursement, or damages of any kind in connection with any termination or suspension of the Service. Upon termination of your account for any reason:
(a) we may elect to cancel any pending transactions. (b) you will remain liable for all fees, charges, and other payment obligations that have been incurred through the date of termination.
(c) subject to the Terms, any funds that we are holding in custody for you at the time of termination, less any amounts you owe us, may be withdrawn if all withdrawal-related authentication requirements have been fulfilled.
(d) all rights granted to either party under these Terms will immediately terminate.
(e) you will return or destroy and cease use of all Services. and
(f) your access to all services will be terminated, and we will have no obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documents or other information in connection with your account or the Service.
(8.) Privacy and Confidentiality:
You may receive information relating to us or our Affiliates or to the Service that is not known to the general public (“Confidential Information”). You agree that:
(a) All Confidential Information will remain our exclusive property.
(b) You will use Confidential Information only as is reasonably necessary for your use of the Service. and
(c) You will not otherwise disclose Confidential Information to any other person.
(9.) Representations and Warranties You represent and warrant to us that:
(a) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under these Terms and grant the rights, licenses, and authorizations you grant under these Terms.
(b) the name identified by you when you registered is your name.
(c) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service.
(10.) Limitation of Liability
You understand and agree that OSlabs Pte Ltd, its subsidiaries and affiliates, and its licensors shall not be liable to you under any theory of liability for any direct, indirect, incidental, special, consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not OSlabs Pte Ltd or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
(11.) Disclaimer of Warranties and Liability
(a) You expressly understand and agree that your use of INDUSOS Platform is at the user’s sole risk and that it is provided “as is” and “as available” without warranty of any kind from Us.
(b) Your use of INDUSOS Platform and Services and any material downloaded or otherwise obtained through the use of it is at your own discretion and risk and you are solely responsible for any damage to your computer system or other device or loss of data that results from such use.
(c) OSlabs Pte Ltd further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
We do not warrant or guarantee that the Services or applications will be:
a. compatible with all or any hardware and software which you may use;
b. available all the time or at any specific time, uninterrupted, secure or error free;
c. suitable for your requirements or meet any specific level of performance or functionality; or
d. free from viruses, interference, hacking, corruption or other security intrusions
(12.) Entire Terms
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and OSlabs Pte Ltd with respect to our services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
The policy describes how OSlabs Pte. Ltd. (“Us”, “Our” or “We”) treats personal information when the End-User (“You” or “Your”) uses our products and services. We operate INDUSOS: Analytics, Launcher, Regional Keyboard, Messaging, Text to speech Technology, App Bazaar and other related services (“Services”) on our platform (“INDUSOS Platform”). This policy informs you of our policies regarding the collection, use and disclosure of personal information we receive from you. We use your personal information only for providing and improving the Services. You agree to the collection and use of information in accordance with this policy. We committed to ensuring that information shared by you is protected and we assure you that it shall solely be used in accordance with this privacy statement.
Privacy is of utmost importance to us. We follow systematic and stringent procedures to protect the security of the information / data stored on our INDUSOS Platform. The information that you have shared on the INDUSOS Platform is stored in secure server with encryption and can be accessed only for official purposes. Any of our employees who violate our privacy and/or security policies related to customer’s data is subject to disciplinary action, including possible termination and civil and/or criminal prosecution.
When you use our Services, you are required to provide us with certain basic mandatory information inter-alia including (not limiting to) your Unique ID, Google Ad Id/ Android Id, Device Hardware info, Carrier info, User Locale, Approximate User Geography, Apps on device and User actions within App Bazaar (for example, how many times you used App Bazaar). INDUSOS Platform will not request more information than is reasonably necessary to provide requested Services. We assume all information will be true, accurate, current, non-misleading, consistent and relevant.
(3.) Information Collection & Use
While using the Services of INDUSOS Platform, we may ask you to provide us with certain personally identifiable information as well as anonymous information that can be used to contact or identify you. The following are the types of information we gather:
a. Automatic Information:
We receive and store certain types of information whenever you interact with us through INDUSOS Platform. For example, like most other platforms, we use “cookies”, and we obtain certain type of information when your web browser accesses INDUSOS platform or advertisements and other content served by or on behalf of INDUSOS Platform on other platforms.
b. E-mail Communications:
We often receive a confirmation when you open an e-mail from our platform if your device supports such capabilities. If you do not want to receive e-mail or other mail from us, you may please mail us at email@example.com.
(4.) How we use information we collect
We require this information to understand your needs and provide you with better Services, in particular for the following reasons:
the information to evaluate the authenticity of transaction.
a. We may also analyze the communication information to solve any issues you might be facing. For example, to check when the last download was made, when our services was last used by you, and other similar activities.
b. We may periodically send promotional emails about new products/services, special offers or other information, which we think you may find interesting using the email address, which you have provided. We may use information collected from cookies and other technologies, to improve your user experience and the overall quality of our Services.
a. We work hard to ensure that the information you share is secure and protected from unauthorized access, unauthorized alteration, disclosure or destruction of information.
b. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. For example, we encrypt the transmission of data on INDUSOS Platform.
c. We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
d. We restrict access to personal information to our employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
a. A cookie is a small file which is placed on the user’s device’s hard drive and helps to analyze web traffic and other information for record keeping purposes.
b. When you use our Service and access INDUSOS platform, we may place these cookies on your device to recognize you as a customer; customize our services, content, and advertising; measure promotional effectiveness; ensure that your account security is not compromised; mitigate risk and prevent fraud; and promote trust and safety across our sites and Services.
c. We only use this information for statistical analysis purposes and thereafter the data is removed from our system.
d. The cookie in no way gives us access to your device or any information, other than the data you choose to share with us.
e. You may choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. However, this may prevent you from taking full advantage of the INDUSOS Platform.
(7.) Server Logs
In order to ensure easy and comfortable surfing on INDUSOS platform, each time you visit INDUSOS platform, the device collects certain statistical information. These statistics are only used to provide us information in relation to the type of user using our platform by maintaining history of page requests and at no point they identify the personal details of the user. We may make use of this data to understand as to how INDUSOS platform is being used.
(9.) Third Party Advertisers
We provide the opportunity to opt-out of receiving communications from INDUSOS Platform at the point where we request information about you and in each instance when you receive material from us.
(11.) Withdrawal of Consent
(12.) Public forums
This site may make chat rooms, forums, message boards, feedback forms, web logs / “blogs”, news groups and / or other public messaging forums available to its users. Please remember any information disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
(13.) Other information