Terms Of Service
Last updated: December 07, 2021
Avadhuta Technologies (the “Firm”) owns and operates a mobile application “Follop” referred to as the “App” available on Google Play Store, Apple iOS and other similar platforms and a website www.follop.app referred to as the “Website”. The App and the Website shall be together referred to as the “Platform”. These terms and conditions (“Terms”) govern the use of or access to the Platform and the Services (as defined below)
These Terms constitute a binding and enforceable legal contract between the Firm and a User (as defined below) or any end user of the Services (collectively, “you”).
The Firm reserves the right to make changes to these Terms by posting the new/updated version and your continued use and/or non-deletion of the Platform shall indicate your agreement to such changes. Accordingly, we encourage you to kindly continue to review the Terms whenever accessing or using the Platform so as to be abreast with the changes that we may be carrying out to these Terms.
By using the Services, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the Platform or use the Services.
The Platform allows individuals (hereafter, Users) to create and assign tasks to any contact in their phone's contact book. The assigned person (hereafter, "Assignee") shall be notified about the task created and shall either accept or reject a task. The assignee shall respond to the task with timely updates and can also change the status of the tasks.
The above-mentioned services are collectively referred to as “Services”.
To use the Platform, an User would be required to create a profile on the Platform (“Profile”) using their mobile number and furnish certain details, including but not limited to phone numbers and name. The User warrants that all information furnished in connection with its Profile is and shall remain accurate and true in all respect, and agrees that it shall promptly update its details on the Platform in the event of any change or modification.
The User is solely responsible for maintaining the security and confidentiality of its profile, and agrees to immediately notify the Firm at firstname.lastname@example.org of any disclosure or unauthorized use of its Profile or any other breach of security with respect to its Profile.
The User expressly agrees to be liable and accountable for all activities that take place through its Profile. The Firm shall in no manner be held liable for any unauthorized access to a User's Profile.
The User agrees to receive communications from the Firm regarding: (i) information relating to transactions recorded on the Platform; (ii) information about the Firm and the Services; (iii) promotional offers and services from the Firm and its third party partners, and (v) any other matter in relation to the Services.
THIRD PARTY SERVICES
The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. Users understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third Party Services is solely at their own risk.
The Firm makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
The User represents and warrants that all information that is provided through or in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while the User avails the Services. Should any information that the User provides change during the existence of these Terms, the User undertakes to immediately bring such change to the Firm’s notice. The Firm does not accept any responsibility or liability for any loss or damage the User may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.
The User shall be solely responsible for ensuring compliance with applicable laws, and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.
The User shall extend all cooperation to the Firm in its defense of any proceedings that may be initiated against it due to a breach of the User’s obligations or covenants under these Terms.
While the Firm uses commercially reasonable efforts to provide Users with a daily backup of their Transaction Information, Users should regularly and independently save, backup, and archive such Transaction Information.
The User shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, the User may not:
Infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
Except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Services;
Use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful program or similar computer code designed to adversely affect the operation of any computer software or hardware;
Use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof;
Engage in the systematic retrieval of content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database or directory;
Use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms; or
Violate applicable laws in any manner.
The User shall not use the Services for / in furtherance of any sale or supply of prohibited products or services
All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by or otherwise licensed to the Firm. Subject to compliance with these Terms, the Firm grants the User a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited license to use the Platform and Services in accordance with these Terms and its written instructions issued from time to time.
The Firm may request Users to submit suggestions and other feedback, including bug reports, relating to the Platform or Services from time to time (“Feedback”). The Firm may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of the User’s intellectual property rights.
Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to the Firm’s or any third party’s intellectual rights.
TERM AND TERMINATION
These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
The Firm may terminate a User’s access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion if the User violates or breaches any of its obligations, responsibilities, or covenants under these Terms.
the Services will “time-out”
the User shall not be eligible to avail any features of the Services
the Firm will not be responsible for any data loss of the User; and
these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
Notwithstanding anything to the contrary contained in the Terms, upon termination of a User’s access to or use of the Services, all amounts or outstanding monies due by you in relation to your use of or access to the Services shall become immediately payable.
DISCLAIMERS AND WARRANTIES
The use of the Services is at your sole risk.
You acknowledge and agree that the Firm is not engaged in the provision, grant, or disbursement of any financial product. The Firm is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arise out of the use of financial products.
The Firm is merely a technology platform service provider and:
is not registered with the Reserve Bank of India;
does not hold any license to engage in any activities relating to financial products; and
is not a financial institution under the Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India; and
To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. The Firm does not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements.
To the fullest extent permissible under applicable law, the Firm expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that the Firm shall have absolutely no liability with respect to the same.
To the fullest extent permissible by law, the Firm, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:
a. your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services;
b. the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorized access to the Firm’s records, program, services, server, or other infrastructure relating to the Services; or
c. the failure of the Services to remain operational for any period of time.
Notwithstanding anything to the contrary contained herein, neither the Firm nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless the Firm, its affiliates and subsidiaries, and each of their owners, directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.
You shall indemnify, defend at the Firm’s option, and hold the Firm, subsidiaries, affiliates, and their owners, officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of your access to the Services, use of the Services, violation of these Terms or any infringement by any third party who may use your account with the Firm, of these Terms.
CONSENT TO USE DATA
The Firm may use information and data pertaining to your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform.
Subject to applicable laws, the Firm may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, the Firm shall have the right to share such data with relevant agencies or bodies.
The Firm reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. The Firm shall not be liable for any such addition, modification, suspension or discontinuation of the Services.
JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Karnataka shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Karnataka in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by the Firm. The language of the arbitration shall be English.
The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
Each party to the arbitration shall bear its own costs with respect to any dispute.
Modification – The Firm reserves the right at any time to modify these Terms and to add new or additional terms or conditions on use of the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate.
Severability - If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
Assignment - You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without the Firm’s prior written consent. The Firm may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. The Firm may assign its rights to any of its affiliates, subsidiaries, or to any successor in interest of any business associated with the Services without any prior notice to you.
Notices - All notices, requests, demands, and determinations for the Firm under these Terms (other than routine operational communications) shall be sent to email@example.com by the Users only.
Third Party Rights - No third party shall have any rights to enforce any terms contained herein.
Translations – The Firm may provide you with translated versions of these Terms solely to assist you with understanding these Terms in greater detail. The English version of these Terms shall be controlling in all respects. In the event of any inconsistency between the English version of these Terms and any translated version, the terms of the English version