By downloading, installing or using the Application and/or the Services, you signify your agreement to be bound by the Terms. Your continued use of the Application and/or the Services offered through the Application will imply your acceptance of the conditions contained under these Terms.
These Terms constitute an ‘electronic record’ within the meaning of the applicable law (including the Information Technology Act, 2000) and is generated by a computer system and does not require any physical or digital signatures.
Please read these Terms carefully before you use the Application, or any Service offered by AyeLabz through the Application. These terms control the relationship between AyeLabz and you. They do not create any third party beneficiary rights.
1. Application; Your Account
Application: The Application is an online platform which enables you to engage in peer-to-peer (P2P) interaction with other users and avail Services made available through the Application. AyeLabz’s Services include but are not limited to instant messaging services, audio and video calling etc. The Service includes allowing you to assemble your personalized profile using the elements that we provide on the Application and may interchangeably refer to product, or your personalized profile (hereinafter referred to as “AyeLabzProfile”). AyeLabz may at its discretion allow you to use some of these Services free of charge and some features may be chargeable (refer to “Payment Terms” below). Our Services are very diverse and additional terms or product requirements may apply to certain Services. These additional terms are made a part of these Terms by this reference. If there is a conflict between these terms and the additional terms, the additional terms will supersede these terms.
More information about the Application and the Services is available on AyeLabz’s website at www.AyeLabzglobal.com (“Site”).
Your Account: You can use and/or access the Application and the Services by creating an account on the Application using your mobile device. You agree that your use and/or access to certain Services may require creation of a ‘AyeLabzProfile’ by you and/or any additional authentications at AyeLabz’s sole discretion. By using the Application, you agree to ensure confidentiality of your account, password credentials and for limiting access to your mobile device to prevent unauthorized use of your account on the Application or any unauthorized access to and use of the Services using your credentials. You will be responsible for any activity under your account or password and for informing us immediately if you have any reason to believe that your password is likely to be used in an unauthorized manner. Please ensure that the details you provide us are accurate and complete and inform us immediately of any changes to the information that you provided when signing-up.
You are responsible for all activity that occurs in your AyeLabz account. By using the Services, you agree that:
You will not buy, sell, rent, or lease access to your AyeLabz account or to the stories feature linked to your account or to any Services being accessed by your AyeLabz account.
You will not create or use multiple accounts to evade our policies or bypass blocks or otherwise subvert restrictions placed on your AyeLabz account. For example, if you have been blocked by another user or suspended for abuse, you will not create a replacement account that engages in similar activity.
You will not use our Services to mislead or confuse other users by pretending to be someone else or pretending to represent an organization you do not represent.
You will not spam other users, including by sending unwanted promotional or commercial content, or unwanted or mass solicitation.
Your Access to the Application: We will endeavor to ensure error-free availability of the Application or Services or contents thereof to you, however your access to the Application may occasionally be suspended or restricted for repairs, maintenance, or updating the Application at any time without prior notice. We will try to limit the frequency and duration of any such suspension or restriction.
You are responsible for any mobile charges that you may incur by accessing the Application or Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Application or the Services.
Subject to these Terms, AyeLabz grants you a limited, personal, non-assignable, non-transferable, non-exclusive, revocable, and non-sublicensable license to use and/or access the Application or Services (including the content made available through the Application or Services, other than the “OTT Content”) provided that: (a) you will use the Application and/or Services solely for lawful purposes; (b) you will not, nor allow third parties on your behalf to reproduce, reverse engineer, duplicate, copy, sell, create derivative works or otherwise exploit for any commercial purpose the Application (including its content) and/ or Services; (c) you will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including without limitation images, text, page layout, or form); (d) you will not use any meta-tags or any other ‘hidden text’ utilizing AyeLabz’s name or trademarks; (e) you shall not make available any of the Services over a network or other environment permitting access or use by multiple users at the same time or where it could be used by multiple devices at the same time, whether or not the same is for commercial use; and (f) you shall adhere to any other usage rules or terms of service of any third party whose website or application that the Application directs/redirects you to.. Any unauthorized use of the Application and/or Services terminates the permission or revokes the license granted herein.
3. Third Party Content
You acknowledge and agree that the Application and Services may permit use of and/or access to content, advertisements, recommendations, information or any other type of material provided by OTT service providers (“OTT Content”). You agree that AyeLabz may present you with an option to tap on one or more links to the OTT Content provider’s website, application for accessing such OTT Content. You accept all risks by tapping on any such links and being redirected to OTT Content provider’s platform and you agree to adhere to age/content rating on such platform prior to accessing the relevant content.
Certain content or services made available through the Application or the Services may have been created, published, provided or shared by other users, publishers, and other third parties or may be provided using third party software (except those providing OTT Content) (“Third Party Content/ Services”). Such Third Party Content/Services is the sole responsibility of the person who published/submitted/transmitted the Third Party Content/Services. By using the Application and/or Services, you agree that AyeLabz or its affiliates will not be responsible / liable for any such Third Party Content/Services in any manner whatsoever.
You acknowledge and agree that these Terms do not grant you a license to: (i) the OTT Content; (ii) any products, services, processes or any other features that is being offered by such OTT Content; (iii) any intellectual property rights in any OTT Content or in any products, services, processes or any other features that are being offered by such OTT Content.
You acknowledge and agree that the provision of access to any OTT Content through the Services shall not either directly or indirectly constitute as an endorsement of the OTT Content or the OTT Content provider by AyeLabz and/or its affiliates.
By using the Application and/or Services, you agree that AyeLabz and/or its affiliates will not be responsible / liable for any such OTT Content in any manner whatsoever. AyeLabz does not make any representations, warranties with respect to the quality, suitability, functionality or legality of any product, services, offerings, information that may be advertised or forms part of the OTT Content provider’s service and/or platform. Accordingly, AyeLabz shall not be party to or in any way responsible for any access, transaction, and/or usage or otherwise that may occur between you any third party and you are expected to use your judgment while transacting with any such third party.
You agree that AyeLabz is merely enabling access to the OTT Content through the Application and that such OTT Content is owned by relevant third parties.
You agree to follow the viewing/age/content restrictions while accessing and/or using the OTT Content.
You will not, nor allow third parties on your behalf to reproduce, duplicate, copy, sell, create derivative works or otherwise exploit for any commercial or other purpose any Third Party Content/Services or OTT Content. You will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including without limitation images, text, page layout, or form). AyeLabz does not guarantee the validity, fitness for a particular purpose, veracity, accuracy or legal status or confidentiality with respect to the Third Party Content/Services or the OTT Content.
You agree that you will not use the Third Party Content/Services or the OTT Content in any manner that would infringe or violate the rights of the party and that AyeLabz shall not be liable for any such acts by you or any person authorized by you.
We may use YouTube API Services to provide certain Services, in which case You agree and acknowledge that if You use the said Services, You agree to be bound by the YouTube Terms of Service provided here: https://www.youtube.com/t/terms. You agree to be solely responsible to keep track of any changes that may be made to these aforesaid terms by the relevant party.
4. Your Content
The Application or Services may allow you to assemble, create, upload, share and/ or store content, information including but not limited to photos, profiles (including your name, images, and voice, excluding AyeLabzProfile), stories, messages, information, text, video, music, third party links and automatic submission of your ‘last seen’ time (collectively, “Content”).
AyeLabz is solely created for official usage and management of your Tasks assigned and should not be utilized as garbage box, we hold all rights to block and restrict all rights to usage of AyeLabz application in case if we find that the application is misused compared to its intended business use.
By posting your Content through the Application or the Services, you grant AyeLabz and our affiliates, a worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, copy, reformat, modify, translate, create derivative works, display, sell and distribute such Content for or in connection with the use of the Application or Services. In the event you or any other person appears in any Content submitted to AyeLabz by you, you grant AyeLabz an unrestricted, worldwide right and license to use your name, likeness, poses, personal characteristics and voice. This means, among other things, that you will not be entitled to any compensation from AyeLabz or our affiliates if your name, likeness, or voice is conveyed through the Application or Services. In addition, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display Content posted by you in any form and in any and all media or distribution methods (now known or later developed).
AyeLabz does not assert any ownership over the Content (excluding AyeLabzProfile and features and Proprietary information associated with it) and subject to the rights granted to AyeLabz in these Terms, you retain full ownership of the Content and proprietary rights associated with it.
You will be solely responsible for all Content that you upload, transmit, share or display through the Application or Services. AyeLabz does not guarantee the validity, accuracy or legal status or confidentiality with respect to any Content and you will be solely responsible to assume all risks for any consequences arising out of uploading, posting, broadcast, transfer or disclosure of the Content. You confirm and warrant that the Content does not violate the representation and warranties you provide under these Terms.
You agree and acknowledge that if you transmit any Content through the Application, you have permission from the rightful owner of the Content or you are otherwise legally entitled to use or transmit the Content and to grant AyeLabz and our affiliates all of the license rights granted herein.
In order to enable you to access your data from any of your devices without relying on third-party services or local device storage, you authorize AyeLabz to store your information including but not limited to your chat history, messages, photos, videos, documents, Your Content, on AyeLabz’s Servers. Information/Data stored on AyeLabz’s Servers is encrypted using 128-bit / higher encryption. We reserve the right to set storage limits and we may change these limits from time to time at our sole discretion.
This action must be confirmed via your AyeLabz account and cannot be undone.
If you stop using the Services either temporarily or permanently and/or are inactive on the Application for at least 60 (Sixty) days, AyeLabz reserves the right to delete all your information stored on AyeLabz’s Servers.
Subject to applicable laws, upon deletion of your AyeLabz account, AyeLabz will immediately delete all your Content (including AyeLabzProfile) from its database and servers, except to the extent required to be retained by applicable law. For the avoidance of doubt, it is clarified that any part of your Content (viz. your messages, status updates, profile picture updates, materials / files shared by you) stored by your contacts/ friends locally on their devices may remain even after you delete your account till it is deleted by such contacts. Similarly, any part of your Content, which is publicly available to other users of AyeLabz who have you in their list of contacts (i.e. the content included in the image uploaded by you and the associated time-stamp) stored by your contacts may remain after you delete your account till it is deleted by such contacts. The submission of your ‘last seen’ time is done on an automatic basis.
You agree and acknowledge that when Content or information is uploaded, posted or shared by you on a public group, you are allowing users who are members of such a public group to access and use the content and information you post in such group.
You acknowledge and agree that the Application, the Services, including without limitation any content available on the Application (except OTT Content); insights, data and intelligence that are gathered from the use of and/or access to the Application and/or the Services and/or Third Party Content/Services and/or OTT Content; and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and will remain, the property of AyeLabz and its licensors, as applicable. All content related to AyeLabz corporate and business activities embedded in the Application, including any text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of AyeLabz or its licensors and is protected by applicable laws. The compilation (meaning the collection, arrangement and assembly) of any and all content on the Application and Services (except OTT Content) is also the exclusive property of AyeLabz and is protected by applicable laws.
You agree and acknowledge that the data pertaining to the Application including your Content is hosted on the servers employed by AyeLabz (whether owned by itself or licensed from any other third party) (“AyeLabz’s Servers”).
All software used on the Application and the Services is the property of AyeLabz or its licensors / software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted under these Terms, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Application or the Services is strictly prohibited.
All AyeLabz graphics, logos and service names are trademarks of AyeLabz or its affiliates. AyeLabz’s trademarks must not be used in connection with any product or service that is not AyeLabz’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AyeLabz. The logos and trademarks of third parties on the Application belong to respective third parties / brands.
AyeLabzProfile(s) created by you are owned exclusively by us, and we reserve the right to use any such AyeLabzProfile for any purpose, including to promote our products and services.
Should you develop or be deemed to have any rights in a AyeLabzProfile, you irrevocably and unconditionally assign to AyeLabz absolutely, with full title guarantee and free from any and all encumbrances, all of your right, title, and interest in and to such AyeLabzProfile.
7. Your Conduct
You shall be solely responsible for all Contents that You upload, transmit, share or display through the Application or the Site. AyeLabz does not guarantee as to the validity, accuracy or legal status or confidentiality with respect to any Contents and You shall be solely responsible and assume all risks for any consequences of uploading, posting, transfer or disclosure of the Contents. You hereby confirm and warrant that the Contents do not violate these Terms. You further agree that Content you transmit over the Application or Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to use or transmit the material and to grant AyeLabz all of the license rights granted herein.
You represent and warrant that: (i) your use of the Application or the Services will be solely for purposes that are permitted by these Terms; (ii) you will provide true and accurate information (including your mobile phone number and other numbers in your address book) for use of the Application or the Services; and (iii) your use of the Application or the Services will at all times comply with applicable laws.
You must not use the Application or the Services for fraudulent purposes or in connection with a criminal offense or other unlawful activity or to send, post, share, use or reuse any material that does not belong to you or that you are not authorized to send; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam to cause annoyance, inconvenience or needless anxiety.
You agree and acknowledge that in the event that you violate clause 7 above, AyeLabz will have the right to remove any such content or information posted by you or disable or delete your account if AyeLabz deems appropriate.
You agree not to incorporate the Third Party Content/Services into, or stream or retransmit the Third Party Content/Services via, any hardware or software application.
You shall not infringe or violate third-party rights, including intellectual property rights and other proprietary rights, confidentiality, privacy rights, or rights of publicity, including those of third party software providers.
You are responsible for your interactions with other users. If you have a dispute with another user, you release AyeLabz and our affiliates from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data.
In addition to the other Terms herein, you shall not:
Monetize AyeLabzProfile or features related to it in any manner.
Sell AyeLabzProfile merchandise
Copy the AyeLabzProfile look and feel
Use AyeLabzProfile or features relating to it in a way that suggests or implies partnership, sponsorship, or endorsement by AyeLabz.
Incorporate AyeLabzProfile or features relating to it or anything confusingly similar, into any other trademarks, names, domain names, usernames, or logos
8. Community Guidelines
Please read our Community Guidelines to understand how you need to conduct yourself while using our Application or our Services. These Terms are deemed to incorporate the Community Guidelines posted on this Site.
9. Modifications in Service
AyeLabz reserves the right at any time and from time to time to interrupt, restrict, modify or discontinue, temporarily or permanently, Application (or any part thereof) or any Service(s), including the mode of providing the Service, without any cause and/or without any notice to you. You agree that AyeLabz and its affiliates will not be liable to you or to any third party for any modification, suspension or discontinuance of the Application or Services.
10. Payment Terms
To use certain features of the Service or the Application you may be required to select a plan from the available plans on our app (the “Plan”) and pay a certain fee (by whichever name called) using one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party.
The fee that will be required to be paid will depend on your selection of the relevant Plan. The duration of each Plan shall be as decided and as communicated by us from time to time. Post expiry of the Plan, you shall be required to make the payment for continuing to use the select feature. The Plan shall not renew automatically, and the end of the Plan duration shall mark the end of the Plan unless otherwise renewed by you.
For some Payment Methods, the issuer may charge certain fees, such as transaction fees or other fees, charges, taxes relating to the processing of your Payment Method and you shall be solely responsible for such payment. When your purchase of the Plan is complete, the issuer may send you a confirmation email/sms.
In the event a payment is not successfully settled for any reason, AyeLabz shall not be responsible for the same in any manner. You agree and acknowledge that payment is being facilitated by third party providers and we are not responsible for any part of the transaction and thus, bear no liability for the same. When you purchase a Plan using third party Payment Methods, AyeLabz is not a party to the said transaction and your purchase will be governed solely by the relevant third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information. AyeLabz may utilize payment services provided by Google, in which case you agree and acknowledge that your transaction using such Payment Method shall be solely governed by Google Payments Terms of Service – Buyer.
You shall not be able to cancel any Plan once you opt for it and make payment towards the same.
You acknowledge that AyeLabz is not required to provide a refund for any reason, and that you will not receive money or other compensation for any unused benefit or when you chose to suspend/terminate or delete your account with AyeLabz for any reason. You agree that no refund shall be payable by us to you in any case, other than where we discontinue or terminate the Plan at our sole discretion any service or plan provided by us.
You agree that we may revise the pricing of the Plan or introduce new plans or suspend or terminate existing ones at any time.
11. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APPLICATION OR SERVICES OR ACCESS OF OTT CONTENT OR THIRD PARTY CONTENT/SERVICES IS AT YOUR SOLE RISK AND DISCRETION. THE APPLICATION IS LICENSED TO YOU “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOU BEAR THE RISK OF USING IT. AYELABZ AND/ OR ITS AFFILIATES GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APPLICATION OR SERVICES. AYELABZ AND/ OR ITS AFFILIATES EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
AYELABZ MAKES NO WARRANTY AGAINST AND WILL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER FOR: (A) INTERFERENCE OF YOUR ENJOYMENT OF THE APPLICATION AND/OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (B) LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE APPLICATION AND/ OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (C) USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION AND/ OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (D) FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE APPLICATION AND/ OR ANY SERVICE AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT AT ANY TIME; (E) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION AND/OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (F) FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE DELIVERY OF THE APPLICATION AND/ OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (G) SECURITY, RELIABILITY OR TIMELINESS OF THE APPLICATION AND/ OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (H) ACCURACY AND APPROPRIATENESS OF CONTENT AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE APPLICATION AND/ OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OCCURRING ON YOUR DEVICE OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM THE DOWNLOAD AND USE OF THE APPLICATION AND/ OR SERVICES. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AYELABZ OR ANY PARTY OR THROUGH THE APPLICATION/ OR SERVICES WILL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THESE TERMS.
WHILST AYELABZ WILL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE SECURITY AND INTEGRITY, AYELABZ WILL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/ OR STORAGE OF INFORMATION TO OR THROUGH AYELABZ THAT MIGHT OCCUR FROM TIME TO TIME INTRUSION, DISTORTION, LOSS OR FORGERY OF DATA, ETC DUE TO ACT OF ANY THIRD PARTY, FAILURE OF ANY SOFTWARE AND/OR HARDWARE OR TELECOMMUNICATION SERVICE PROVIDER(S) USED BY US OR ANY OTHER ACT BEYOND OUR REASONABLE CONTROL.
YOU WILL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, TO OR THROUGH THE APPLICATION/ OR SERVICES.
12. Limitation of Liability
To the maximum extent permitted by applicable laws, under no circumstance will AyeLabz or its affiliates, their respective directors, employees or agents be liable to you or any third party for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Application, or the Services or OTT Content, or Third Party Content/Services following a failure, suspension or withdrawal of all or part of the Application at any time, any third party content, software or functions used in connection with the Application even if AyeLabz or any or all of its agents have been advised of the possibility of such damages. Notwithstanding anything to the contrary, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to the amount paid by you, if any, for using any Services giving rise to the cause of action or Rupees one thousand only (Rs. 1000), whichever is lesser.
You agree to indemnify, defend and hold harmless AyeLabz, its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney’s fees) of any kind arising out of: (i) your access to or use of the Application and/or Services and/or OTT Content and/or Third Party Content/Services; (ii) any breach of these Terms; (iii) your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) your negligence or misconduct; and (vi) your Content. These obligations will survive termination of these Terms.
14. Force Majeure
AyeLabz will not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, epidemic, pandemic, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond AyeLabz’s reasonable control.
The Application and/or the Services must only be used or accessed by persons who are competent to enter into a legally binding contract under the Indian Contract, 1872. If you are a minor (i.e. you are under the age of 18 years), you may use the Application or Services only under supervision of your parent or guardian.
AyeLabz may communicate with you through email, SMS, telephone, by posting notifications on the Application (including push notifications) or any other means of communication. By using the Application, you consent to receive such communications from AyeLabz including in relation to the Application and/or Services, your account information or any updates/ changes to the Application/ Services and/ or other promotional or marketing communications from AyeLabz.
We may allow you to use the Services to initiate SMS or text messages to your friends, family, or other contacts. You are not required to send such text messages, you are solely responsible for them, and you understand that standard text messaging and data rates may apply based on your plan with your mobile phone carrier. You also understand that AyeLabz does not control the recipients, content, or timing of these text messages. If you choose to send text messages through the Services, you represent and warrant to us that the recipients of the text messages have appropriately consented to receive the text messages.
17. Amendments to this Agreement
Please review these terms regularly. We may in our sole discretion modify or amend these Terms from time to time without any prior notice. Your use of the Application or Services upon publication of such modified or amended terms will constitute your deemed acceptance to the modified or amended Terms.
18. Entire Agreement
If one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms will be valid and enforceable.
If you breach these Terms and AyeLabz takes no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
21. Governing Law
These Terms are governed by the laws of India. You irrevocably consent to the exclusive jurisdiction of courts at Ahmedabad, Gujarat, India for all disputes arising out of or relating to these Terms.
22. Grievance Officer
In the event you have any queries/complaints regarding usage of Application or its Services, you may reach us at firstname.lastname@example.org.The complaints will be redressed in the manner provided under the Information Technology Act, 2000 and rules framed thereunder.
23. Right to Take down
You understand and agree that AyeLabz may takedown, delete or remove any content available on the Application or in relation to its Services in its sole discretion, without any notice to you, for any reason whatsoever including on account of your violation of these Terms or if required in accordance with applicable law (including but not limited to the Information Technology Act, 2000).
AyeLabz reserves the right to forfeit any account which AyeLabz determines as – inactive, violative of intellectual property rights, violative of these Terms or misleading in nature.
25. Copyright Notice
If you believe in good faith that any content displayed or transmitted through the Application infringes your copyright, you may reach us at email@example.com.
26. Report Abuse
If you in good faith believe that any content made available through the Application is offensive or opposed to public policy, you may choose to report any such content. We may review such content and remove the content at our discretion and/or as mandated by applicable laws.
27. Additional Audio and Video Call Terms
You understand that AyeLabz does not provide calling or connections to telephone numbers and AyeLabz’s audio and video calling services can be used only within the closed AyeLabz network.
Video Call: You understand that when you use AyeLabz’s video calling feature to call other AyeLabz users, your live feed will be displayed on the receiver’s phone screen.
Emergency Calls: You understand and agree that the Service is not capable of placing or receiving emergency services calls.
AyeLabz to Offline: AyeLabz permits you to send a message to other AyeLabz users who may be offline. For this purpose, you authorize AyeLabz to notify you if the user you are attempting to message is offline. You further authorize us to send your last posted message in the chat thread as an SMS to other user in the event that you click on the ‘Send as SMS’ button.
The Application is intended for people who are competent to contract under applicable law. Individuals who are less than 18 years old are not permitted to use this application unless the complete Agreement is seen and agreed by parents or their legal guardians under applicable law. You confirm that You are at least 18 year old or otherwise competent to contract including with consent of Your parent/legal guardian as may be required under applicable law.
1. Information Collection
AyeLabz may obtain the following types of information from or concerning You or Your mobile device, which may include personal information that can be used to identify You as specified below:
User Provided Information: You provide certain Personally Identifiable Information, such as Your mobile phone number, name and mobile device information to AyeLabz when choosing to participate in the use of the AyeLabz application, such as registering as a user, messaging other AyeLabz users, posting status updates, uploading images. In order to provide the AyeLabz service, AyeLabz shall periodically access Your address book or contact list on Your mobile phone to locate the mobile phone numbers of other AyeLabz users. To ensure a better user experience, AyeLabz may also at times, access names stored in Your address book to ensure any incoming messages and push notifications via the SMS feature have a name associated with them. For instance, if AyeLabz cannot access names on Your address book, when a non- AyeLabz user responds to a SMS sent from AyeLabz, the incoming reply will show the non-AyeLabz users number and not the name.
“Last Seen” information is available and displayed to each user whom You have added in Your list (and which You have not blocked), and reﬂects the last approximate time the AyeLabz application has been backgrounded or brought to the foreground on Your mobile phone. “Last Seen” information is reported to AyeLabz when a user brings the mobile application to the foreground or quits it.
AyeLabz may receive data whenever You connect with an application or site through AyeLabz (such as during status update, when You connect to other sites and in which case AyeLabz posts to these sites on Your behalf ). This may include date and time You visit the site, the web address, IP address information, browser and if You are logged into AyeLabz and Your authentication tokens used on such sites. Your authentication tokens may be saved on the server for the sole purpose of seamless posting to the same site by You in the future through AyeLabz.
AyeLabz does not collect addresses or other contact information from its users’ mobile address book other than mobile phone numbers; associated email ID’s and names associated with such mobile phone numbers. The AyeLabz mobile application will associate whatever name the AyeLabz user has assigned to the mobile telephone number in his/her mobile address book. As a result, if You have Your friend’s mobile phone number associated with the name “Doctor” or “Electrician” in Your mobile address book or its User Name as registered, that’s the name that will appear for that mobile phone number in Your AyeLabz list of contacts. We do not collect location data, but at time users may voluntarily share their location with other users via the AyeLabz application.
If the recipient can be messaged via the AyeLabz application, the message is delivered to that recipient via data service routed through our servers. Any messages that are undelivered are held on the AyeLabz servers until they can be delivered or for a period of 30 days whichever is earlier.
With the introduction of AyeLabz, any status update messages and profile image updates posted by AyeLabz is stored on our servers to facilitate the normal use of the Status Updates feature in AyeLabz and beyond. This includes but is not limited to the timestamp and the actual status update message.
AyeLabz may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which AyeLabz is legally compelled to collect in accordance with retention policies applicable under Indian law.
2. Use of Information
We neither share nor sell without Your consent Your Personally Identifiable Information such as Your mobile phone number, email ID and address book and any other information we may collect with any third parties for use for commercial, advertising and or similar marketing purposes without Your consent. However, in the future as a part of a specific promotion or feature You may specifically choose to opt-in/opt-out for any specific product and or service which may allow Your personal information to be used for such purposes.
We may share Your Personally Identifiable Information and Contents to deliver the services desired by You to the extent it is necessary to maintain or further develop and enhance our Application and to ensure the functionality and security of our services and to prevent and investigate any fraud and other misuse.
We may share non-personally-identifiable information (such as anonymous user usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with third-parties to better understand usage patterns for certain content, services, advertisements, promotions, and/or functionality related to AyeLabz application.
We may disclose the Personally Identifiable Information and available user Contents as required pursuant to applicable laws, a directive or order of a government entity or statutory authority or any judicial or regulatory authority or to law enforcement agencies in any official investigation including but not limited to cyber incidents, prosecution and punishment of offences. You agree that AyeLabz has the right to monitor the Application electronically from time to time and to disclose information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Application properly for justified purposes that are relevant for the features and functionalities of the Application and related services opted by You, or to protect itself or its subscribers. We may transfer Your Personally Identifiable Information or other information collected, stored, processed by AyeLabz to any other entity or organization located in India or outside India only in case it is necessary for providing services to You in connection with Application. Except with Your consent including under this Agreement for specified purposes, We will not disclose any Personally Identifiable Information to any third party. We will cooperate with the appropriate law enforcement authorities in investigating claims of illegal activity.
In the interest of protecting Your privacy and for security measures, AyeLabz ensures to take reasonable steps to identify and authorise You before registering Your mobile phone number and granting You use of the AyeLabz application.
3. Security of Personal Information
We have implemented commercially reasonable physical, managerial, operational and technical security measures to protect the loss, misuse and alteration and to preserve the security of the Personally Identifiable Information in our care. Our security practices and procedures limit access to personal information on need to know basis only.
Such measures may include, where appropriate, the use of firewalls, secure server facilities, implementing proper access rights management systems and processes, careful selection of processors, standard authentication and encryption policies for our servers and other technically and commercially reasonable measures.
However, AyeLabz cannot guarantee in any way with respect to any Personally Identifiable Information or Contents that You upload transmit, share or display through the Application or the Site and You do so at Your own risk.
Using unsecured or other unprotected networks to send messages and use of other features through the AyeLabz application is not recommended.
If AyeLabz learns of a security breach, then we may attempt to notify You electronically so that You can take appropriate protective steps.
5. Third Party Application Stores
The Application can also be downloaded from third party application stores including Google Play, Nokia Ovi Store, Windows Marketplace and iTunes Store etc. You agree to comply with all third party privacy policies, if any, applicable to the use of the Application or related services. AyeLabz shall not be responsible for Your use of any third party product and or service including the terms and conditions of such third party product and or service and or violation and infringement of any third party rights, policies, terms and conditions in connection with access, download or installation of the Application.
We want AyeLabz to be a safe and useful place to hang out and work with friends, loved ones and professional connects. To facilitate this, we have established the following guidelines for participation in the community. These Guidelines apply to your each and every interaction on AyeLabz.
You may NOT post Content that:
- Threats, Violence & harm
- Threatens another user, and which is a threat of violence, physical or mental harm.
- Promotes or encourages suicide or any other type of self-injury, including self-mutilation.
- Promotes discrimination, hatred against any individual or group.
- Includes nudity, gruesome crime or accident scenes, gory media related to death, serious injury, violence, or surgical procedures.
- Content that is gratuitously shocking, sadistic, or excessively graphic, including with respect to animals.
- Impersonation, spam & hacking
- Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others.
- Publishes or posts links to malicious content intended to damage or disrupt another person’s browser or computer.
- Uses platform for obtaining sensitive personal information, banking and credit card details, passwords etc.
- Threatens to expose someone’s private information or threaten to hack or break into someone’s digital information.
- Is harassing, abusive, or constitutes spam.
- Harassment & Bullying
- Is directed to an individual, including: profiles or posts that identify and shame individuals; images altered to degrade individuals; or photos or videos of physical bullying posted to shame the victim of such bullying.
- Attacks a person or group on the basis of attributes such as race, religion, ethnic origin, sexual orientation, disability, or gender.
- Depicts physical or psychological abuse involving minors.
- Sexually Explicit Content, violence
- Includes sexual harassment, sexual assault threats, sharing intimate material without consent, recording or distributing images of sexual assaults, cyber stalking, digital dating abuse and luring sexual trafficking victims.
- Promotes or depicts violence towards children, including posting sexually explicit images/videos of children.
- Breach of Third Party Rights
- Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights.
- Hate Speech & false information
- Is defamatory, obscene or pornographic.
- Is furtherance of illegal activities.
- Is intended to deceive or mislead any of other(s) and endangers our trust-based community.
- Terrorism & Illegal Activities
- Promotes any organization which is engaged in terrorist activity, incites violence against others or organised criminal activity.
- Seeks to use AyeLabz for furtherance of any illegal activity or any activity that is in breach of Community Guidelines.
- Disrespects national symbols, including national flag and national emblem.
- Offers the purchase, sale, or trade of unlawfully acquired goods.
- Offers, sells, trades, or solicits firearms, accessories, ammunition, explosive weapons, or instructions on how to manufacture them
If You do not agree with our Community Guidelines, You may delete Your account and/or not access, download and use the Application and/or the Services.
In the event you wish to report any breach of our Community Guidelines, you may contact us at firstname.lastname@example.org. We will review these reports to determine whether there is a violation of these Guidelines and determine if any action needs to be taken, at our sole discretion.
Changes to Community Guidelines
Any changes in the Community Guidelines shall be posted on our website www.AyeLabzglobal.com to reflect changes in the guidelines. Users should periodically review this page for the latest information on our community guidelines. Once posted, those changes are effective immediately. Continued access or use of the Application and/or the Services constitutes Your acceptance of the changes and the amended Community Guidelines.