Terms of Use​

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THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

 

THE COMPANY ACTS SOLELY AS AN INTERMEDIARY THAT FACILITATES THE USE OF ITS PLATFORM FOR USERS TO SHARE PHOTOS WITH THEIR CONNECTIONS. WHILE THE PLATFORM PROVIDES TOOLS AND FUNCTIONALITY FOR SHARING, THE COMPANY DOES NOT CONTROL, MONITOR, OR VERIFY THE CONTENT OF THE PHOTOS SHARED BY USERS. USERS ARE SOLELY RESPONSIBLE FOR THE PHOTOS THEY UPLOAD, SHARE, OR EXCHANGE. FOR ANY CONCERNS, USERS SHOULD DIRECTLY ADDRESS THE INDIVIDUALS INVOLVED. 

 

USERS ARE SOLELY RESPONSIBLE FOR ENSURING THAT THE CONTENT THEY SHARE COMPLIES WITH ALL APPLICABLE LAWS AND RESPECTS THE RIGHTS OF OTHERS. AS SUCH, THE COMPANY IS NOT RESPONSIBLE FOR THE NATURE, ACCURACY, OR LEGALITY OF ANY PHOTOS EXCHANGED VIA THE PLATFORM. THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY MISUSE OR UNAUTHORIZED SHARING OF PHOTOS ON THE PLATFORM, ANY DISPUTES, MISUSE, OR CONSEQUENCES ARISING FROM THE PHOTOS SHARED THROUGH THE PLATFORM.

 

Welcome to PicSee! 

 

The following Terms of Use (“Terms”) applies to the use of the website https://www.picsee.com and any mobile software, mobile application available on Apple Store and Play Store or any other medium authorized by the Company (hereinafter referred to as the “Platform”), owned by Billion Hearts Software Technologies Private Limited, a company registered under the laws of India (hereinafter referred to as the “Company” “we” “us” and “our”). 

 

By accessing, browsing or otherwise using the Platform or by clicking on “I agree to the Terms of Use” when prompted, you (“you,” “user,” “your,” “yourself”) acknowledge and agree that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue your use of the Platform and refrain from further access. 

 

The Company, through this Platform, serves as an intermediary, facilitating users to exchange photos with anyone they approve (hereinafter referred to individually as “Service”).

 

You should read this Terms of Use and access and read all further linked information, if any, referred to in this Terms of Use, as such information contains further terms and conditions that apply to you as a user of the Platform. Such linked information including but not limited to the Company’s privacy policy (“Privacy Policy”) is hereby incorporated by reference into these Terms of Use.

 

In order to use the Platform, it shall be your responsibility to comply with these Terms, Privacy Policy and any other agreement(s) that you may enter into with the Company. In case of any conflict between this Terms and such agreement that you may enter into with the Company, the interpretation placed by the Company shall be final and binding on you. A breach or violation of any of the Terms will result in an immediate termination of your access to and use of the Platform.

 

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It is your sole responsibility to review these Terms of Use periodically for updates or changes. Your continued use of the Platform following the posting of changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Platform. 

 

ELIGIBILITY 

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1. Use of the Platform is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents and persons of unsound mind are not eligible to use the Platform. 

2. Minors must obtain permission from their legal guardian or comply with relevant laws and regulations before registering on the Platform. The Company may ask you to provide proof of consent given by the guardian in case of a minor. The legal guardians of the minors shall remain responsible for the compliance to the provisions of these Terms.

3. The Company operates this Platform from India and makes no representation that the materials are appropriate or will be available for use in other locations. Those who access the Platform from outside India are responsible for compliance with local laws. 

4. If you represent an entity, organization, or any other legal person, then you hereby confirm and represent that you have the necessary power and authority to bind such entity, organization, or legal person to these Term

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ACCEPTANCE OF TERMS

 

1. The user is required to carefully read these Terms, as it contains the terms and conditions governing the user’s use of the Platform along with the Services that the Company may provide through the Platform. By further accessing or using the Platform, the user is agreeing to these Terms and entering into a legally binding contract with the Company. The user may not use the Platform if the user does not accept the Terms or is unable to be bound by these Terms. 

2. In order to use the Platform, subject to eligibility criteria outlined herein, the user must first agree to the Terms. The user can accept the Terms by (i) registering themselves into the Platform in the manner indicated herein; or (ii) actually using the Platform. In this case, the user understands and agrees that the Company will treat the user’s use of the Platform as acceptance of the Terms from that point onwards.

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REGISTERING PROFILE

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1. To use the Platform, users must register a profile (“Profile”). During the Profile creation process, users are required to provide relevant details about themselves including their name, email address or any other information as may be prompted, in the mode and manner indicated on the Platform from time to time. 

2. To start your use of the Services offered by our Platform, you are required to provide access to your device’s camera during Profile creation. By granting camera access, you acknowledge and agree that the Platform will scan your face and extract your facial features to create a mathematical representation of your face. This representation is unique to you and is used solely for the purpose of enabling our Platform’s functionality. This mathematical representation of your face will be used to identify and match your face in photos stored on your device as well as photos of your contacts on their devices, if applicable. The facial data collected during this process is processed in compliance with our Privacy Policy. It is stored securely and used only for the intended purpose of enhancing your Platform experience. The Platform does not share or sell your facial data to third parties without your explicit consent.

3. While signing-up with the Company to use the Platform, the user shall not:

   1. Create a Profile for anyone other than the user, unless such person’s prior permission has been obtained.

   2. Use a Profile that is in the name of another person with the intent to impersonate that person; or

   3. Create more than one Profile on the Platform from the same device. 

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The Company shall not and will not be liable for any loss or damage arising from the user’s failure to comply with this Clause.

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1. The user confirms and agrees that all information provided during the registration process for the Profile is and will remain true, accurate, up-to-date, and complete at all times. If the user provides any information that is untrue, inaccurate, outdated, or incomplete, or if such information becomes untrue, inaccurate, outdated, or incomplete, the Company reserves the right to indefinitely suspend, terminate, or block access to the user’s Profile on the Platform and deny access to the Platform.

2. By creating a Profile on the Platform, you acknowledge and consent to your Profile being visible to other users by default. This visibility includes sharing your basic information, such as profile ID, photograph, name. You understand that you have the option to modify your visibility settings at any time to control which information is shared and with whom. 

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ACCOUNT CONFIDENTIALITY OBLIGATIONS

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1. After registration, users can log into their Profile using the login method used at the time of Profile creation (“Profile Login Credentials”).

2. The user agrees that the sole responsibility of maintaining the security and confidentiality of the Profile Login Credentials rests with the user at all times. The user shall not share these Profile Login Credentials with any third party and the Company shall not be liable for any loss or damage arising from such breach.

3. The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and the Profile. 

4. The user is solely responsible for all activities that occur under the Profile, whether the user is located within or outside of India, and hereby undertakes that no such activity shall be unlawful or in violation of any applicable laws, rules, and regulations of India or their respective jurisdictions.

5. In no event and under no circumstances shall the Company be held liable for any liabilities or damages resulting from or arising out of the user’s use of the Platform or the Profile Login Credentials, theft of the Profile Login Credentials or release by the user of the Profile Login Credentials to a third party, or the user’s authorization to allow another person to access and use the Platform using the Profile. 

6. The user agrees to immediately notify the Company of any misappropriation or unauthorised use of the Profile or any other breach of security via. the registered e-mail address / phone number that was used at the time of registering or in such other manner as may be indicated by the Company. The Company shall not be liable for any loss or damage arising from the user’s failure to comply with this Clause. The user may be held liable for losses incurred by the Company or any user or visitor of the Platform due to authorised or unauthorised use of the Profile, as a result of the user’s failure to keep the Profile Login Credentials confidential.

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USE OF THE PLATFORM 

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1. The Platform provides a photo exchange facility that allows registered users to exchange photos with each other as a barter. All material that you upload, publish, display, or transmit to others via the Platform will be referred to, collectively, as “Your Content”.

2. You are the sole decision maker with respect to Your Content and choose the recipients of Your Content. You can switch on or off the sharing of Your Content with other users of the Platform, at any time. You hereby authorize the Platform to facilitate the sharing, transmission, exchange and distribution of Your Content with your connections through the Platform.

3. Our Platform will scan your registered device to identify photos of you, your friends, connections and family members, enabling seamless sharing with your approved connections. By using advanced facial detection technology, the Platform automatically organizes and lines up these photos for sharing with your selected connections. This feature allows you to both send and receive photos effortlessly, creating an intuitive and automated photo exchange experience. 

4. The Platform may offer a window of customizable scheduling (as per user’s settings) or “24 hours” for review and approval of the Photos before it is shared with recipients (“24 Hour Window”). You will be informed, via in-app notifications, once the Photos are found, and you will have a 24 Hour Window to review these Photos. If you do not act on it within the 24 Hour Window, it shall be assumed that you consent to a particular exchange or sharing of Photos, and such Photos will be shared with the recipient. During this 24 Hour Window, you also get the option to cancel sending a particular Photo(s). 

5. After this 24 Hour Window, you still can recall your Photos at any time, however, the Photos already downloaded by the receiver or residing on the device of the receiver cannot be recalled as we do not have any control over their device. In any case, the receiver is not given the capability / permission to download the Photo within 24 hours of it being sent to them.

6. Your Content shared by you via our Platform is yours! We don’t control, verify, or endorse Your Content that you or others share via the Platform. You are responsible for (a) all Your Content in your Profile and that you share through the Platform and that other users share with you on and through the Platform; and (b) making sure that you have all the rights you need in relation to Your Content. 

7. You agree that when you share Your Content, you may be allowing other people to access and use Your Content in any way without further restriction or compensation to you. Once Your Content is shared with your connections, they will be able to use, access and download Your Content on their device. 

8. You hereby agree and consent to the Platform’s (as well as agents or service providers acting on Platform’s behalf to provide the Services) right to transmit, process, use and disclose Your Content which we may obtain as part of your use of the Services but only: (i) as necessary for us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order, (iv) as may be deemed necessary or useful by the Company, and / or (v) to respond to an emergency.

9. In case a third party or such third party’s data appears in Your Content, the user confirms that the user has obtained prior consent of such third party before sharing, uploading or posting such third party’s content. You further agree that you shall indemnify the Company against any and all claims raised by any third party with respect to Your Content.

10. The user hereby grants to the Company a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to transmit, display, publish, adapt user’s content in relation to user’s use of the Services.

11. You represent and warrant that you own or otherwise control all of the rights to Your Content that you share on or through the Platform; and that, as on the date Your Content is shared via the Platform: (a) Your Content is accurate; (b) use of Your Content does not breach these Terms; and (c) that Your Content is lawful. 

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RESTRICTIONS

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1. By using the Services, features or any other tools, or functionality on the Platform, the user agrees, undertakes, and covenants that they shall not host, display, upload, modify, publish, transmit, update, or share any information that:

2. belongs to another person or entity and to which the user does not have any right;

3. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, sexually-explicit (including nudity, implied nudity, excessive visible skin or cleavage, even if not explicitly sexual in nature, and any images focused on individual body parts, even if not explicitly sexual in nature), paedophilic, libellous, invasive of another person’s privacy, hateful or racially or ethnically objectionable, sensational, gory, depicting violence or threats of violence, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

4. could be construed as divisive / stereotyping should be avoided if it could be interpreted as ‘hateful’;

5. is misleading in any way;

6. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

7. infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s photos, images and personal data) or rights of publicity;

8. provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses;

9. provides information about any products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted. This could include promotion of tobacco or tobacco-related products, recreational or medical marijuana, bongs and rolling papers;

10. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform;

11. engages in commercial activities without the Company’s prior written consent such as engages in contests, sweepstakes, advertising etc.;

12. exploits controversial political or social issues for commercial purposes;

13. interferes with another user’s use of the Platform;

14. refers to any website or URL that, in the Company’s sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms;

15. deceives or misleads the addressee / users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

16. serves to communicate fake, inaccurate or misleading information including fake inaccurate or misleading news or facts;

17. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or 

18. contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.

19. The user agrees and acknowledges that (a) the user shall not use the Platform for any illegal or unauthorized purpose; and (b) the user’s use of any photos, information or materials on the Platform is entirely at the user’s own risk, for which the Company shall not be liable. The user agrees to comply with all laws, rules and regulations applicable to the use of the Platform. The user further agrees and acknowledges that the user shall use the Profile on the Platform to avail the Services only for the user’s personal use and not for business purposes or any commercial exploitation.

20. The Company shall have the right, but not the obligation, to monitor access to or use of the Platform to ensure the user’s compliance with these Terms or applicable laws or other legal requirements, at its sole discretion. 

21. By posting content on the Platform, you grant the Platform a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content for the purpose of operating the Platform. You represent and warrant that you have the necessary rights to post such content. 

22. You are encouraged to verify the credentials of other users, before sharing Your Content with them. The Company shall not be liable for any discrepancies or misrepresentations made by other users.

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USER REVIEWS

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1. You may provide your feedback about our Platform and its Services directly to us, or on our website, or with any third-party platform such as search engines, Apple Store or Play Store. This feedback can include ratings, comments, and suggestions regarding the overall Service (collectively referred to as “User Feedback”). The Company may, at its discretion, choose to publish such User Feedback as it may deem fit.

2. Users hereby grant the Company a perpetual, worldwide, royalty-free, and sub-licensable right and license to use, copy, distribute, display, publish, and transmit the User Feedback, including success stories and related photos, on the Platform or any other marketing channels the Company may choose, including but not limited to websites, social media platforms (LinkedIn, Instagram, Facebook, X), print, or other promotional materials.

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DISCLAIMER OF WARRANTIES

 

1. YOUR ACCESS TO AND USE OF THE PLATFORM AND ANY CONTENT PROVIDED THEREIN ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM, ITS SERVERS, OR EMAILS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

2. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE COMPANY DOES NOT GUARANTEE OR WARRANT ANY PARTICULAR OUTCOME, FROM THE USE OF THE SERVICES.

3. THE EXCHANGE OF PHOTOS AND ASSOCIATED DATA THROUGH THE PLATFORM IS PERFORMED ENTIRELY AT THE USER’S OWN RISK. THE PLATFORM FUNCTIONS SOLELY AS AN INTERMEDIARY, FACILITATING THIS PROCESS. ALL USERS ARE SOLELY RESPONSIBLE FOR THE PHOTOS AND INFORMATION THAT THEY UPLOAD, SHARE AND EXCHANGE ON THE PLATFORM. 

4. THE COMPANY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE PROFILES OR ANY CONTENT PROVIDED BY ITS USERS. ALL INFORMATION, INCLUDING PERSONAL DATA, IS VOLUNTARILY PROVIDED BY USERS. WE DO NOT VERIFY THE AUTHENTICITY OF THE INFORMATION SHARED ON THE PLATFORM.

5. WHILE WE AIM TO PROVIDE ACCURATE AND EFFICIENT SERVICES, WE DO NOT GUARANTEE THE ACCURACY OF MATCHES OR THE AUTHENTICITY OF USER-UPLOADED PHOTOS, THE AVAILABILITY OF THE SERVICE, OR THE UNINTERRUPTED OPERATION OF THE PLATFORM. THE COMPANY SHALL NOT BE LIABLE FINANCIALLY OR OTHERWISE FOR ANY MALFUNCTION OR MISMATCH OR ERRORS CAUSED BY OUR FACIAL RECOGNITION TECHNOLOGIES AND PROCESSES USED IN THE PLATFORM.

6. THE PLATFORM IS NOT RESPONSIBLE FOR ANY IMPERSONATION, UNAUTHORIZED USE OF PHOTOS, OR MISUSE OF CONTENT OR SHARING OF PHOTOS IN THIRD PARTY PLATFORMS BY OTHER USERS. USERS SHOULD EXERCISE CAUTION AND ONLY SHARE PHOTOS WITH TRUSTED RECIPIENTS. 

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LINKS TO THIRD PARTY WEBSITES

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The Platform may contain links and interactive functionality interacting with the websites, solutions, tools and features of third parties. The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such third party. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, the Company strongly recommends that the user reviews and understands the terms and conditions, privacy policies, settings, and information sharing functions of each such third party website.

 

LIMITATION OF LIABILITY

 

1. To the fullest extent permitted by applicable law, Company and its affiliates, directors, officers, employees, agents, licensors, and service providers (collectively, the “Company Parties”) shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your use of, or inability to use, the Platform or any content, services, or products provided on or through the Platform, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party, any loss of the user’s data or content from the Services, the user’s failure to keep the Profile Login Credentials secure and confidential. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if the Company Parties have been advised of the possibility of such damages.

2. The Company shall not be responsible or liable, in any way, for any of the following:

   1. any inaccurate, incomplete, or false information provided by you or on your behalf;

   2. any decisions you make or the consequences thereof, based on information provided by another user or third party;

   3. any unauthorized or illegal actions by third parties related to information provided by you or your Profile;

   4. any attempted or committed cybercrime by any third party;

   5. any damage or alteration to your equipment, including but not limited to computers, mobile phones, or handheld devices, arising from the installation or use of the Platform or its Services;

   6. any offensive, indecent, or objectionable content shared via the Platform

   7. any force majeure events, acts of God, or other unforeseen circumstances beyond the Company’s control;

   8. any interactions between users, whether through physical or virtual meetings, phone calls, text messages, chats, emails, or social media posts at any time; and

   9. any technical malfunctions, hardware or software failures, network issues, denial of service attacks, spamming, or any combination of the above that may affect access to or use of the Platform.

3. In no event shall the total liability of the Company in relation to this Platform and/or the Services offered herein, exceed INR 1000 per user/- (Indian Rupees One Thousand).

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INDEMNIFICATION

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The user shall indemnify and hold harmless the Company, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of the user’s breach of these Terms, Privacy Policy and other policies, or the user’s violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights or privacy rights) of a third party.

 

CONTENT AND INTELLECTUAL PROPERTY RIGHTS

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1. The Company solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Platform, Company’s products and Services provided on the Platform and contents and the same is protected under applicable Indian law. 

2. Through the user’s use of the Platform, by no means are any rights impliedly or expressly granted to the user in respect of such products/Services and contents. The Company reserves the right to change or modify the Services and/or the content (as the case may be) from time to time at its sole discretion.

3. The user hereby acknowledges that the Platform, its contents and the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the Company and such others. The user thereby agrees to protect the proprietary rights of the Company during and after the term of these Terms. The user may not selectively download portions of the Platform without retaining the copyright notices. The user may download material from the Platform only for the user’s own personal use and for no commercial purposes whatsoever. 

4. Any infringement shall lead to appropriate legal proceedings against the user at appropriate forum for seeking all available remedies under applicable laws of the country.

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TERMINATION OF ACCESS TO SERVICES

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1. The Profile can be terminated at any time by: 

   1. the user, by ceasing to use the Platform; or 

   2. the Company in its sole discretion, for any reason or no reason including the user’s violation of these Terms or lack of use of services.

   3. The user acknowledges that the termination of Services may come into effect without any prior notice, and the Company shall thereafter, immediately deactivate or delete the Profile and all related information and/or bar any further access to the Profile or the Services. 

   4. The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms. 

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ASSIGNMENT

 

It is expressly agreed by you that the Company may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to the user, except to the extent provided by law. 

 

GOVERNING LAW 

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These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Bangalore, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Bangalore, India.

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HOW TO CONTACT US

 

If the user has questions or concerns about these Terms, the user may contact the Company at ping (at) billionhearts.co.