TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS
By accessing, downloading, or using [SAYHELO] (hereinafter referred to as “the App”), you (hereinafter referred to as "User", "You", or "Your") agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must immediately cease using the App.
2. DEFINITIONS
For the purposes of these Terms:
· " App" refers to [SAYHELO], including all related services, features, and software.
· " Service(s)" refers to any functionalities provided through the App, including messaging, file sharing, and other social functionalities.
· " Content" refers to all data, text, images, graphics, videos, and other forms of communication shared or made available on the App.
· "We", "Us", or "Our" refers to the operator and owner of the App, [Festum Field Pvt. Ltd.].
3. ACCEPTABLE AND PROHIBITED USES
3.1 ACCEPTABLE USE
Users may use the App solely for personal, non-commercial purposes and must comply with all applicable laws, regulations, and guidelines. Acceptable uses of the App include:
· Sending and receiving messages;
· Sharing non-offensive, lawful content;
· Interacting with other users within the scope of the App's functionality.
3.2 PROHIBITED USE
You may not:
· Use the App for any unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable behaviour;
· Post, transmit, or distribute any content that infringes upon the intellectual property or privacy rights of others;
· Attempt to interfere with the App’s proper operation, security, or user access (including, but not limited to, hacking, phishing, or distributing malware);
· Use bots, scrapers, or any other automated methods to collect data or interact with the App;
· Engage in spamming, commercial solicitation, or advertising through the App;
· Misrepresent your identity or attempt to impersonate another person or entity;
· Post or share offensive or explicit content, including but not limited to hate speech, pornography, or any content that violates applicable laws.
4. SUSPENSION AND TERMINATION
4.1 SUSPENSION
We reserve the right to suspend or restrict your access to the App at any time for:
· Violations of these Terms;
· Suspected illegal activity;
· Maintenance or updates of the App.
4.2 TERMINATION
We may terminate your account immediately if you:
· Breach any provision of these Terms;
· Engage in activities that may harm us or other users.
Upon termination, all licenses granted to you under these Terms will be terminated, and you must cease using the App.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 OWNERSHIP
All content and material available on the App, including but not limited to software, trademarks, logos, text, and graphics (collectively, “App Content”), are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.
5.2 LICENSE
Subject to Your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, revocable license to use the App solely for personal, non-commercial purposes.
5.3 RESTRICTIONS
You may not:
· Reproduce, distribute, modify, or create derivative works from any App Content;
· Reverse-engineer or decompile any portion of the App;
· Use our trademarks or any similar marks without express written consent.
6. PAYMENT INFORMATION
6.1 SUBSCRIPTION AND PAYMENT
Some features of the App may require a paid subscription. By providing payment information, you agree to pay all fees and charges associated with your account, including any applicable taxes.
6.2 BILLING
We may bill you through an authorized third-party payment processor. You must provide accurate payment details and ensure your account has sufficient funds. Subscription fees will be charged periodically (e.g., monthly or annually), depending on the plan selected.
6.3 REFUNDS
All payments are non-refundable, except as required by applicable law or at our sole discretion.
7. LIMITS OF LIABILITIES
7.1 GENERAL LIMITATION
To the fullest extent permitted by law, we are not liable for:
· Any indirect, incidental, consequential, or punitive damages;
· Loss of profits, revenue, data, or goodwill arising from your use or inability to use the App.
7.2 NO LIABILITY FOR CONTENT
We are not responsible for any user-generated content shared through the App, including any defamatory, offensive, or illegal content.
7.3 MAXIMUM LIABILITY
Our total liability to you for any claim arising out of or in connection with the use of the App shall not exceed the greater of __________________ or the amount paid by you to us in the previous 12 months.
8. DISCLAIMERS AND WARRANTIES
8.1 NO WARRANTY
The App is provided on an "as-is" and "as-available" basis without any warranties of any kind, express or implied. We disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.2 NO GUARANTEE OF AVAILABILITY
We do not guarantee that the App will be available at all times or without interruption. Maintenance, technical issues, or other factors may cause downtime, for which we are not responsible.
9. GOVERNING AND APPLICABLE LAWS
9.1 GOVERNING LAW
These Terms and any disputes related to them or the App shall be governed by and construed in accordance with the laws of Jurisdiction, without regard to its conflict of law provisions.
9.2 DISPUTE RESOLUTION
Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the App shall be resolved by binding arbitration in accordance with the rules of Arbitration in Surat. Any litigation must be conducted in specified courts and you consent to the personal jurisdiction of such courts.
10. CHANGES TO TERMS
We reserve the right to modify these Terms at any time. If we make significant changes, we will notify you by email or through the App. Your continued use of the App following the posting of changes will constitute your acceptance of the revised Terms.
11. CONTACT INFORMATION
For any questions or concerns regarding these Terms, please contact us at:
FESTUM FIELD PVT. LTD.
707, IT Park, AR Mall, Mota Varachaa – 394 101, Surat, Gujarat.
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