TERMS OF SERVICE
The following terms of services constitute a binding legal agreement (“Terms of Service”) between MAIS Technologies Pvt Ltd. (MTPL), the owner and operator of SConnect App, and you (“you” or “You”), a user of the Service. By using the Service, You acknowledge and agree to these Terms of Service, and SConnect’s PRIVACY POLICY, which are incorporated herein by reference (Terms of Service and Privacy Policy, hereinafter collectively referred to as “Agreement”). BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS DESCRIBED IN THIS AGREEMENT BEFORE DOWNLOADING OR ACCESSING THE SCONNECT SERVICE OR USING THE SCONNECT SERVICE. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SCONNECT SERVICE, YOU INDICATE YOUR PERSONAL ACCEPTANCE AND YOUR CONCURRENCE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT DOWNLOAD, INSTALL, OR USE THE SCONNECT SERVICE.
This Agreement shall apply to all users of the SConnect Service. By using the SConnect Service, you represent and warrant that you are over the age of 18 (or if below such age, possess legal parental or guardian consent to use the SConnect Service) and are of sound mind capable of contracting as understood under the applicable provisions of law and have the right, authority, and capacity to accept these terms and conditions and to abide by the same. In addition you warrant that you are not a person barred from receiving services under the laws of India or any other applicable jurisdiction.
You acknowledge that MTPL reserves the right to discontinue any aspect of the Connect Service at any time without any notice or any liability to anyone.
Subject to your compliance with this Agreement, MTPL hereby grants you access to use the Service, provided that:
(i) your use of the Service (a) will be solely for purposes that are permitted by this Agreement, (b) will not include reselling or charging others for use of or access to the SConnect Service, (c) will not in any other manner be inconsistent with this Agreement;
(ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without prior written authorization of MTPL;
(iii) you will not reverse engineer, alter or modify or attempt to reverse engineer, alter or modify any part of the Service;
(iv) you will provide accurate information about your name, email address and mobile phone number (optional) and any other information required for use of the Service;
(v) your use of the Service will comply with all applicable local, state, national or international laws;
(vi) you will not violate any copyright, trademark, patent or any intellectual property right, disclose a trade secret or confidential information while using the Service;
(iv) you will otherwise comply with the terms and conditions of this Agreement;
(vii) you agree not to use any methods of electronic spamming towards MTPL servers;.
(viii) you agree not to rip and tamper with the SConnect Service;
(iii) without prior permission from MTPL, you agree not to modify the SConnect Service request messages using any form of modification tools to test THSSPL servers;
(iv) you agree not to spam, or solicit for commercial purposes, any users of the Service.
In order to access and use the SConnect Service, you acknowledge and agree to provide your name, email address and phone number (optional) to MTPL. You are solely responsible to maintain the secrecy of your account information on the SConnect Service. You agree not to impersonate by using fake/unauthorized or anyone else’s name, personal information, email address, mobile number and/or their User Status (defined in Section 4 below).
Uninstallation of the SConnect App from your device will lead to deletion of your account and registration information from the SConnect Service, however messages uploaded and User Content (defined in Section 5 below) may not be deleted immediately.
In case of any unauthorized use of your email address and/or mobile number, you must notify MTPL immediately. MTPL will not be liable for your losses caused by any unauthorized use of your account, you will be liable for the any losses incurred by MTPL or any other party due to any such unauthorized use.
Users of SConnect App are allowed to submit their status message and text messages as text and profile picture as an image and any other digital and/or media content like links to webpages etc. (collectively, the “User Status”) by using the SConnect Service. User Status submitted by users does not represent the views or opinions of SConnect Service, and SConnect Service makes no guarantees as to the validity, accuracy or legal status of any User Status. In connection with User Status submitted by you, you represent, and/or warrant that: (i) you either own or have the necessary licenses, rights, consents, and permissions to use and authorize MTPL to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Status submitted by you, to enable inclusion and use of the User Status in the manner contemplated by the Connect Service and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Status to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Status submitted in the manner contemplated by the SConnect Service and this Agreement. By publishing your User Status you agree to the following terms:
(i) you are solely responsible for the User Status published by you and the consequences of publishing them on the SConnect Service; (ii) the User Status published by you will be visible globally to other users who have your email address and/or phone number on their device; (iii) the User Status published by you will be visible globally to other users who may search for your email address and/or phone number using the SConnect Service.
You shall not publish your User Status if you do not want your User Status to be visible to other users globally. In case you do not submit a status message in the User Status, the status message will be set to default User Status for the SConnect Service.
The data/information sent by you to other user/s of the SConnect Service, includes but is not limited to the User Status, text, image, audio, sounds, graphics, graphics information, user actions, contact information and any media content here after called “User Content”. SConnect Service allows you to upload, share, submit, publish, store and receive User Content. You retain the ownership of any intellectual property rights of/within that User Content. When you upload, share, submit, publish, store and receive User Content using SConnect Service, you give a worldwide transferable license to MTPL to use, store, reproduce, modify, create derivative works, publish and distribute the User Content in all media forms. The rights you grant to MTPL through the preceding sentence is limited to promote, operate and improve MTPL Services.
Save as stated herein, the User Content of the message that is delivered by the SConnect Service is not copied, kept or archived by MTPL in the normal course of business. The SConnect Service uses data service through a user’s phone (either via mobile network or Wi-Fi). Users type their messages, which are sent via data service to MTPL servers, and routed to the intended recipient (who must also be a user of the SConnect Service), if that recipient is online. If the recipient is not online, the undelivered message is held in MTPL’s server until it is delivered up to a period of fifteen (15) days. If the message is undelivered in such time, the undelivered message is deleted from MTPL’s servers. Once a message has been delivered, it no longer resides on MTPL servers. Commercially reasonable efforts are used to delete the contents of any delivered messages sent, through the SConnect Service, within a period of thirty (30) days from the date of delivery. Subject to the use of commercially reasonable efforts, User Content is deleted and stripped of any identifiable information within a period of thirty (30) days from the MTPL server in accordance with the general retention policies of the MTPL server. The retention policy is subject to change based on the MTPL server infrastructure including but not limited to, storage, network bandwidth, hardware resources, server performance etc.
You acknowledge and agree that MTPL has all rights to delete the messages that are not delivered within fifteen (15) days of sending the message and User Content inside the messages sent by you using the SConnect Service.
You acknowledge and agree that you shall not to publish, transmit, update or share any User Content that:
(i) belongs to another person and to which you don’t have any right; copyrighted User Content owned by a third party unless you have the express consent, permission, license, authority of the rightful owner;
(ii) violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party.
(iii) is illegal, obscene, pornographic, vulgar, impersonating another person, enticing/harming minors in any way, infringing of intellectual property rights, proprietary rights of any third party, invasive of privacy or public rights or any other third party rights or otherwise injurious or objectionable, elicit response relating to illegal activity, contain viruses;
(iv) promotes or provides any instructional information about illegal activities;
(v) upload or post computer codes, files or programs that would interrupt, destroy or limit the functionality of the SConnect Service or any software, network, servers, hardware or any other related equipment, device, any computer resource.
(vi) violate any applicable laws or regulations for the time being in force.
Information provided by users through the SConnect Service may contain links to third party websites and/or wap-sites that are not owned or controlled by MTPL. MTPL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites and/or wap-sites. In addition, MTPL will not and does not have the right to censor or edit the content of any third-party website and/or wap-sites. By using the Service, you expressly acknowledge and agree that MTPL shall not be responsible or liable for any damages, claims or other liability arising from or related to your use of any third-party website and/or wap-sites.
The design of the SConnect Service along with MTPL created text, 2D/3D graphics designs, 2D/3D avatar characters, 2D/3D animations, interactive features, the trademarks, logos, SConnect App and code and all content provided by MTPL is either owned by MTPL or is authorized for use in accordance with this Agreement to THSSPL by its rightful owner (“MTPL IP”). You hereby acknowledge and agree that the SConnect app made available as a part of the SConnect Service may include open source files and you agree to abide by the license and notice files pertaining to such open source files, as applicable.
The copyright and other intellectual property rights in the MTPL IP are subject to Indian Copyright and Intellectual Property Laws. You agree to not to copy, or distribute any of the SConnect Service including the MTPL IP for any commercial purpose. You further agree that you acquire no ownership, title, right or interest of any kind in the MTPL IP. You shall not use the MTPL’s name, logos, trademarks and any other works of authorship without MTPL’s prior written consent. You shall not copy any information or content provided in the MTPL IP to any other website and/or wap-site or similar forums and reflect the same to be as your content or otherwise. Further, you will not copy, decompile reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the SConnect Service, any updates, or any part thereof. Any breach of these license restrictions will entitle MTPL to terminate your access to the SConnect Service and seek prosecution and damages. This Agreement and the restrictions herein will govern any updates, upgrades to, or supplements or replacements for, the SConnect Service unless notified otherwise.
Notwithstanding the above, MTPL allows you a non-exclusive, non-transferable and limited right, subject always to the appearance of the SConnect trademark, to use the avatars/images created by you using the 2D/3D graphics designs, 2D/3D avatar characters and 2D/3D animations provided as a part of the SConnect Service (“User Image”) are solely for your personal use. All intellectual property rights in the User Image shall vest with MTPL and save for the limited right of personal use, all other rights not granted in the User Image vest with MTPL. Any use of the User Image shall always include the SCONNECT TRADEMARK. YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT THE USER IMAGE MAY NOT BE USED FOR ANY COMMERCIAL PURPOSE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SCONNECT SERVICE IS AT YOUR SOLE RISK AND DISCRETION.
THE SCONNECT SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS FOR PERSONAL USE ONLY. THSSPL RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED IN AND TO THE SCONNECT SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MTPL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THSSPL MAKES NO REPRESENTATION OR WARRANTY ABOUT THE COMPLETENESS OF THE SCONNECT SERVICE OR USER CONTENT, THAT THE SCONNECT SERVICES WILL MEET YOUR REQUIREMENTS, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR WILL INCLUDE ANY UNAUTHORIZED ACCESS TO OR USE OF THE MTPL SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; NOR DOES MTPL MAKE ANY REPRESENTATION AND WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE SCONNECT SERVICE OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SCONNECT SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SCONNECT SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA. MTPL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE MTPL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS IN NO EVENT SHALL MTPL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY KIND, WHETHER EXPRESS OR IMPLIED, 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 SCONNECT SERVICE, OR FOLLOWING A FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE SCONNECT SERVICE AT ANY TIME, ANY THIRD PARTY CONTENT, SOFTWARE OR FUNCTIONS USED IN CONNECTION WITH THE SCONNECT SERVICE EVEN IF MTPL OR ANY OR ALL OF ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT MTPL SHALL NOT BE LIABLE FOR THE USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Although the SConnect Service may be used globally, you acknowledge that the Service is controlled and offered by MTPL from its facilities in India. MTPL makes no representations that the SConnect Service is appropriate or available for use in other locations. Those who access or use the SConnect Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. Your sole remedy for dissatisfaction with the SConnect Service is to stop using the SConnect Service. In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of MTPL to you for all damages, losses, and causes of action whether in contract, tort including and without limitation negligence and strict liability, or otherwise at any time shall be INR 1000/- (INR One Thousand).
You agree to indemnify, defend, and hold harmless MTPL, its parent corporation, officers, directors, employees and agents, from and against any and all claims, proceedings, damages, obligations, losses, liabilities, costs, demand or expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the SConnect Service; (ii) your violation of any terms and conditions of this Agreement; (iii) your violation of any third party right, including but not limited to infringement of any intellectual property rights, proprietary right or trade secret of any person or entity or privacy right; or (iv) any claim that any of your status submissions including the User Status and User Content caused damage to a third party; (v) your negligence or willful misconduct. Indemnification obligation will survive termination of this Agreement and your use of the SConnect Service.
You agree that: (i) MTPL reserves the right to terminate your access to the SConnect Service in any event including in the event of spam being reported owing to your use of the SConnect Service , (ii) MTPL may remove uploaded User Content, User Status and/or restrict usage by you of the SConnect Service in order to prevent unauthorized usage of the SConnect Service, MTPL has the authority to provide the User Content, User Status and details to your access of the SConnect Service to assist governmental agencies and authorities in prosecution of any civil or criminal legal action with respect to the User Content, User Status or your use of the SConnect Service, (iii) the SConnect Service shall be deemed solely based in India; (iv) the SConnect Service shall be deemed a passive server that does not give rise to personal jurisdiction over MTPL, either specific or general, in jurisdictions other than India; and (v) that you agree to be subject to the jurisdiction of India in the event of any legal dispute. This Agreement shall be governed by the internal substantive laws of India, without respect to its conflict of laws principles. Any claim or dispute between you and MTPL that arises in whole or in part from the SConnect Service shall be decided exclusively by a court of competent jurisdiction located in Bangalore, India. These Terms of Service, together with the Privacy Policy and any other legal notices published by MTPL, including, but not limited to an end user license agreement (if executed or electronically agreed between the parties), shall constitute the entire agreement between you and MTPL concerning the SConnect Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any terms of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and MTPL’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. MTPL reserves the right to amend or modify this Agreement at any time, and it is your responsibility to review this Agreement for any changes. If you do not agree to the revised terms, your only recourse is to discontinue the use of the SConnect Service. Your continued use of the SConnect Service following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
In the event you have any queries/complaints regarding usage of the SConnect Service, please contact support@maistechnologies.in.
These Terms of Service were last revised on February 23, 2017.
© 2017 MAIS Technologies Pvt. Ltd.