TERMS AND CONDITIONS
Welcome to INDUS /Firstouch Mobile Platform (“INDUS /Firstouch Platform”). Your use of INDUS /Firstouch 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 INDUS/Firstouch platform which includes the following and any further additions in the future, INDUS / Firstouch Analytics, Launcher, Regional Keyboard, Messaging, Text to speech Technology, 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 INDUS/Firstouch Services. If you do not agree to be bound by the Terms, you may not use INDUS/Firstouch 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 INDUS/Firstouch 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 INDUS/Firstouch 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. OSlabs Pte. Ltd. reserves the right to terminate your subscription and / or refuse to provide you with access to the INDUS/Firstouch Platform if it is discovered that you have not attained majority as per the applicable laws. However, in order to use INDUS/Firstouch, you must be 13 years of age or older. If you are between 13 and 18 years of age, and you want to use INDUS/Firstouch, please read through the Terms with your parent or legal guardian, and only accept the Terms and use INDUS/Firstouch with the permission of your parent or legal guardian. You must not access INDUS/Firstouch 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 INDUS/Firstouch Platform.
(C.) Your Account and Registration Obligations
(D.) Creating Accounts.
To create an INDUS / Firstouch account, you must register and complete the registration process for new users by entering all required information.
Your e-mail address and the password that you select will be required to access the INDUS / Firstouch Services. You may be required to verify your e-mail address and/or mobile number depending on features of the Service that you would like to use. You also may be prompted to answer several security questions or be issued access keys or credentials that may be used to enable access to the Service and authorize transactions. You are responsible for maintaining the secrecy and security of your access credentials (“Credentials”) and for any use of or action taken under your credentials. You should not disclose your credentials to anyone else. If your credentials are compromised, you must change your credentials immediately and notify us immediately.
(E.) INDUS / Firstouch Services
You understand, accept and agree that INDUS/Firstouch comes with an analytics service, which tracks user behavior and actions across several of its applications.
INDUS / Firstouch Analytics has been integrated in the following applications to track the following actions:
1) Regional Keyboard:
This feature provides Matra and Word prediction, English to Regional Transliteration and Auto correction feature
Free message service enables users to share messages using the most cost effective technology
3) App Bazaar:
App Bazaar is a one-stop location for all regional applications and content. Consumers can discover, search, and download free as well as paid application from the App Bazaar.
4) Text to Speech [TTS]:
TTS speaks out any text input provided to it. The service runs in the background at all times. The user can also hear the text in his regional language.
5) Swipe Language Technology:
This feature enables users to translate and transliterate messages in regional languages.
You agree, undertake and confirm that your use of our Services shall be strictly governed by the following binding principles:
a. OSlabs Pte Ltd. 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 OSlabs Pte. Ltd. responsible for any loss, damages etc. or any kind of losses of whatsoever nature that may be incurred/suffered by you if the information contained turns out to be 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 purchase and use of products via INDUS / Firstouch Platform. For instance, you may incur such fees if you use services provided through INDUS / Firstouch on or through third-party services or Devices. You are responsible for all such fees.
d. To use features like Regional Keyboard, Swipe to Translate Technology, and Messaging, You agree to send the details to the server, which will send the message to other user. However, the content will be sent to the server for these features to work.
e. You agree to use Text to Speech and also agree to send the details to the server, which will send the message to other user. However, this application has a disclaimer affixed to it, which is as follows: The Conversion from English to Regional text or vice versa uses Google translate, in which, if any errors occur, due to incorrect translation, OSlabs Pte. Ltd. shall not be held liable / responsible for such error under this Agreement. Transliteration for all supported languages might have errors, as transliteration technologies are still in the development (beta) stage. Average response time of this feature is around 4-6 seconds for 10-12 words in a sentence. However, longer sentences may take longer response time. The time frame mentioned herein are under test conditions. And may vary based on your handset and internet connection speed.
f. 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 INDUS / Firstouch, 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. INDUS / Firstouch may update any of its app or any app you have downloaded from App bazaar to a new version of such app, irrespective of any update settings that you may have selected within the app or your Device, if we determine that the update will fix a critical security vulnerability related to the app.
g. 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.
h. Purchases and payments made for the applications shall be at your sole discretion. However, 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.
You may not use INDUS / Firstouch 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.
(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 OSlabs Pte. Ltd. & 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, non-commercial 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
(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
This Agreement will continue to apply until terminated by either you or OSlabs Pte. Ltd. as set out below.
a. If you want to terminate this agreement, you may do so by ceasing to use the INDUS / Firstouch Platform and or sending a mail to firstname.lastname@example.org mentioning that you no longer wish to use the services.
b. We may at any time, terminate this agreement with you if:
(A) You have breached any provision of this agreement; or
(B) We are required to do so by law; or
(C) We decide to no longer provide the INDUS / Firstouch 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 INDUS / Firstouch 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 this Agreement 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 this Agreement 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 this Agreement and grant the rights, licenses, and authorizations you grant under this Agreement.
(b) the name identified by you when you registered is your name.
(C) you will use the Service only to transact on your own account and not on behalf of any other person or entity.
(d) you and all transactions initiated by you will comply with all law applicable to you. and
(e) 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 the user 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 INDUS / Firstouch is at the user’s sole risk and that it is provided “as is” and “as available” without warranty of any kind from OSlabs.
b. Your use of INDUS / Firstouch 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.
(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 INDUS / Firstouch: Analytics, Launcher, Regional Keyboard, Messaging, Text to speech Technology, App Bazaar and other related services (“Services”) on our 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 by using the services of INDUS / Firstouch Platform. 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 platform. The information that you have shared on our 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 name, title, company, physical address, phone number, fax number, e-mail address, language, informational preferences, etc. INDUS / Firstouch 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 Indus / Firstouch 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. Information You Give Us:
We receive and store any technical and transaction information which includes but is not limited to name, gender, email id, mobile number, credit card details, billing/shipping address, device (mobile) information etc. You are required to fill all the mandatory information for using our service.
b. Automatic Information:
We receive and store certain types of information whenever you interact with us through our platform. For example, like most other platforms, we use “cookies”, and we obtain certain type of information when your web browser accesses our platform or advertisements and other content served by or on behalf of Indus / Firstouch Platform on other platforms.
c. 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
d. Information from Other Sources:
We might also receive information about you via other social networking sites and add it to our account information.
(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 transaction 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 youshare 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 our 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 our 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 Platform.
(7.) Server Logs
In order to ensure easy and comfortable surfing on our platform, each time you visit our 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 our platform is being used.
(9.) Third Party Advertisers
We provide the opportunity to opt-out of receiving communications from Indus / Firstouch Platform at the point where we request information about you and in each instance when you receive material from us. If you have difficulty in opting-out in this manner please contact us and provide your name, e-mail address and subscription you wish to cancel.
(11.) 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.
(12.) Other information
1. OSlabs Pte Ltd. PAYMENT POLICY
The policy describes how OSlabs Pte Ltd.(“Us”, “Our” or “We”) treats personal information when the user (“You” or “Your”) uses our products and services. We operate INDUS / Firstouch Analytics, Launcher, Regional Keyboard, Messaging, Text to speech Technology, App Bazaar and other related services (“Services”) on INDUS / Firstouch Platform. To enhance the quality, convenience, and security of the user we request you to carefully read though this Payment Policy in order to understand your rights and responsibilities, as well as ours.
The Payment Policy is effective upon subscription or commencement of usage of any of our services, whichever is earlier and governs the relationship between the users of this platform and us including the services availed of on our platform.
2. Information Related to Transactions:
In addition to the information listed in the policy we may also collect the following:
Registration information – When you sign up for payments, you are creating anaccount that is associated with your Bank Account. Depending on the INDUS / Firstouch Services you use, in addition to the information listed in the policy, you may be asked to provide the following information:
And for sellers or businesses specifically, your business category and certain information about your sales or transaction volume.
Information obtained from third party developers - We may obtain information about you from third parties, including third party verification services. This includes:
The identity of your card issuer or financial institution
Except for our limited role in authenticating online payments that you authorize or initiate, we are not involved in any underlying transaction between you and any other third party user.
Your authorization permits us:
(a) To analyze, evaluate and authenticate an online credit card transaction, and
(b) To send you a fraud-score on the basis of the evaluation report.
Your authorizations will remain in full force and effect while you maintain your account with us and for any bank account or payment instrument.
When you use the payments to conduct a transaction, we may collect information about the transaction, including:
The type of payment method used, your description of the reason for the transaction, and the offer associated with the transaction, if any.
4. Payment Terms
5. Payment Options:For using our services you may pay with:
Internationally accepted credit and debit Cards
a. PayPal Account
b. Wire transfers
c. Carrier billing
By providing payment information to us, you agree that the payment information is valid and
(1) In Your name or
(2) In the name of an individual who has authorized you to use their payment information for your subscription purchase.
If you provide someone else’s payment information, you agree that we may refund payment to that person if they so request and if the account is eligible for a refund under this Payment Policy. This may cause interruption to or termination of your INDUS / Firstouch Platform service.
We may disable our services offered to you if you fail to pay us according to the terms mentioned in this Payment Policy.
6. Your Responsibilities and Risks
Dispute resolution. You are solely responsible for the resolution of disputes between yourself and end users, including without limitation disputes that we refer to you or notify you of via tools or systems we may provide. We have the right, but not the obligation, to assist in the resolution of such disputes.
Co-operation. You agree to provide us with any records that we request related to a dispute between you and an end-user. You agree to notify us in a timely manner if you receive an inquiry from any government agency about us.
Fraud. You agree to cooperate with us to prevent fraudulent or illegal transactions. As part of our efforts to deter fraud and suspicious transactions, we may limit the number of transactions or volume of payments you are able to accept during a given period of time and we will have no liability for the same.
No Liability. We will not be liable to you for compensation, reimbursement, or damages on account of the loss of prospective profits, anticipated sales, or goodwill, or on account of expenditures, investments, or commitments in connection with your use of the services, or for any termination or suspension of the services.
Taxes. Member will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and company reserves the right to collect such taxes or other fees from you at any time.
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