Terms of Use

The following terms of use (“Terms of Use”) govern the access or Use by you (hereinafter referred to as the “User” or “You” or “Your”) of the proprietary website (www.tonetag.com) (“Website”) of Naffa Innovations Private Limited (“Company”) and any applications, tools, service, email notifications, applications buttons, widgets and platforms made available to You on the Website which may be accessed or used via any computer or other electronic device/systems.

The Website allow You to view various content and information created and published by the Company (“Company Material”) and third parties (“Website Content”), such as text, images, photographs, graphics, audio and video, data, code, and software (collectively, the Company Materials and Website Content are referred to as “Content”).

Acceptance of Terms of Use

By accepting the terms herein, or by accessing, viewing or using the Website, You agree to be bound by these Terms of Use and they constitute Your binding, legal obligations towards the Company. These Terms of Use may be modified at any time by the Company and such changes will be published and notified on the Website, from time to time. Your continued use of the Website following any changes to these Terms of Use constitutes Your acceptance of those changes. You agree that it shall be Your responsibility to ascertain the changes to the Terms of Use by reviewing the Terms of Use from time to time. If You do not agree to the Terms of Use, You should not access, view or Use the Website. You confirm that there are no legal or regulatory impediments which prevent You from using or accessing the Website.

Use of Company Software

Your access and use of any software or related documentation, including developer tools and sample code, and any application program interface information provided on the Website ("Software") is governed by these Terms of Use and the software license agreement and related documents and terms (e.g., attachments, exhibits, order form, disclaimers, etc.) ("License Agreement") that may accompany such Software, and/or such other documents that the Company, at its sole discretion, may want You to execute in relation to the Software. You agree and acknowledge that any use or installation or integration of any Software made available to You on the Website will be governed by these Terms of Use. You must not modify, decompile, or reverse engineer any Software. You further agree that in the event the Software provided through the Website is not accompanied by a License Agreement, the Software may be used solely for your personal, informational, non-commercial purposes, and the Software may not be modified or altered in any way; and the Software may not be redistributed/sold. The Software(s) is/are the copyrighted work of the Company. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works, including the Software, is an infringement of the copyright holder’s rights.

License to Software

The Company gives you a personal, worldwide, royalty-free, non-assignable, non-transferable and non-exclusive license to use the Software that is/may be provided to You on the Website. This license is for the sole purpose of enabling You to experience and enjoy the benefit of the different services and offering of the Company, in the manner permitted by these Terms of Use. You shall not at any point in time claim right, interest or title on, or ownership of, the Software.

License to the Company

By posting, transmitting or uploading any content/information on the Website, You grant to the Company a perpetual, irrevocable, non-exclusive, world-wide, fully-paid up and royalty free license to use such content/information without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. This license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and provide the content/information to third parties, to make, have made, offer to sell, sell, lease, or otherwise distribute any content/information.

You acknowledge and agree that the relationship between You and the Company is not a confidential, fiduciary, or other special relationship. The Company shall have the right, but not the obligation, to use Your name, likeness, biography and other information about You that You have provided in connection with any use of the Content (including the Software) You submit, and the Company may continue to use such content/information for perpetuity for any purpose whatsoever. Nothing in this Terms of Use shall prohibit or restrict Company’s right to create or obtain content/information or submissions similar to or competitive with the content/information that You have submitted on the Website.

Permissible Use of the Website, the Content and the Software

The Website, the Content and the Software are for your non-commercial use, that is, your use must not be intended for or directed towards commercial advantage or monetary compensation. You may not copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, rent, lease, or sell the Website, the Content and/or the Software. You may, however, download, store, and display on your computer or other electronic device, solely to view, listen to, play and print, as the case may be, the Content and the Software; provided that, the Content (a) may only be used for informational, non-commercial purposes and will not be copied or posted on any computer network, or otherwise published, broadcast, or distributed in any manner or media, and (b) may not be modified or altered in any way, including any copyright notices.

You may not use the Website in any manner that could damage, disable, overburden, or impair any Company server, or the network(s) connected to any Company server, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to any Company server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

You agree not to use the Website (including the Content and the Software) to:

  • publish, upload, post, email, transmit or otherwise make available any content/information that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;

  • defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity or business integrity;

  • impersonate any person or entity, including, but not limited to, any Company official, Company employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

  • forge email headers or otherwise manipulate identifiers in order to disguise the origin of any content/information transmitted through the Website;

  • download any file or content/information posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;

  • interfere with or disrupt the servers, or networks which support the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;

  • violate any applicable local, state, national or international law and any regulations;

  • harvest, collect, or store personal information or data of other users;

  • create liability for the Company or cause the Company to lose (in whole or part) the services of the internet service provider (ISPs) or other suppliers;

  • creates a false identity or otherwise attempting to mislead others as to Your or the origin of any communication made using the services of the Website;

Any breach of the above terms, shall be construed as material breach by You of these terms of Use. The Website disclaims all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to claims arising due the usage of the Website. You will use the Website (including the Content and the Software) only for lawful purposes only and comply with all applicable laws and regulations while using and accessing the Website (including the Content and the Software).

Confidential Information

Except for the Website which is clearly identified as non-public forum, the Website is intended to be public forums, and You agree not to provide the Company with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Except for content/information, as may be provided by You, which is clearly labelled as confidential, no other content/information provided by You on the Website will be considered as confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such content/information.

You agree not to reproduce any Confidential Information to which you are provided access through the Website in any form except as authorized at the time of disclosure. Any reproduction of Confidential Information shall remain the property of the Company or the third party that has prepared such information and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (c) not to disclose any Confidential Information to any party without the prior written consent of the Company or the third party that has prepared such information. You do not acquire any rights in Confidential Information except the limited rights as described herein. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the Software or the Website, or compete with the Software or the Website in whole or in part. As used herein, ‘Confidential Information’ shall mean all trade secrets, Intellectual Property Rights, and other information the Company or third parties protect against unrestricted disclosure to others which is (i) either labelled Confidential and accessed through a restricted or non-public area of the Website or pursuant to software downloads, or (ii) reasonably identifiable as confidential based on the type of information and the manner of its disclosure. As used herein ‘reasonable steps’ means those steps You and/or Your company/entity take to protect Your own Confidential Information, which shall not be less than the industry standard of care.

ALL CONTENT/INFORMATION POSTED BY YOU ON THE WEBSITE SHALL BE AT YOUR OWN RISK, AND THE COMPANY TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH CONTENT/INFORMATION BY ANY OTHER USER OF THE WEBSITE.

Your information, privacy, and data protection

To use any/all the functionality(ies) of the Website (including the Software), at the discretion of the Commonly, may require You to provide the Company with certain information, or You may provide certain information at You or own will, which may include personally identifiable information, such as your name and your email address (“Personal Data”). By providing the Company with Personal Data, You expressly agree that the Company may collect, use, store and otherwise process Your Personal Data for the purpose of providing you with access to the Website and related activities and communications in which You agree to participate.

You are responsible for and agree to provide the Company with complete, true, and current information, including Personal Data, and to keep Your Personal Data accurate and up to date. You can always correct or update Your Personal Data by informing the same to the Company. Furthermore, You may request information about Your Personal Data stored with the Company, or the correction (in case the Website is not allowing You to correct or update your information), or deletion of Your Personal Data by contacting hello@tonetag.com.

You understand and agree that the Company collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the Website subject to Company’s Privacy Policy.

YOU AGREE TO COMPLY WITH THE TERMS OF THE COMPANY’S PRIVACY POLICY, WHICH CAN BE FOUND BY CLICKING ON THE ‘PRIVACY POLICY’ LINK AT THE BOTTOM OF THE WEB PAGE ON THE WEBSITE.

Intellectual Property Rights, Data Security and Ownership

As used herein, ‘Intellectual Property Rights’ means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.

You agree, understand and acknowledge that:

  1. Except as otherwise indicated on the Website, the Website including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, software, audio, pictures, logos, icons incorporated therein are the sole property of the Company or its licensors. All Intellectual Property Rights in and to the Website (including the Content and the Software) and its contents and functionalities shall vest solely with the Company.

  2. All Intellectual Proprietary Rights to the Software, the Website and the Content belongs to the Company or the individual or entity that submitted it. Nothing in this Terms of Use shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell the Software, the Website or any Content for any reason, unless otherwise expressly permitted by the Terms of Use. You hereby agree to assign and do assign to the Company (and the Company accepts such assignment) any modifications or derivative works of the Software, the Website and the Content made by You in contravention of this limitation without remuneration of any kind;

  3. Save for the limited right to access and use the Website in accordance with the Terms of Use, on a non-exclusive and non-transferable basis, there are no other rights being granted to You in the Website or any of its contents and functionalities;

  4. (d) You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website (including the Software). You may also not use any meta tags or any other "hidden text" utilizing the Website’s name or trademarks. Any unauthorized use terminates the permission to use the Website and would suspend your account on immediate basis;

  5. You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any product, service or feature, information, obtained from the Website;

  6. All the Content(s) are protected by copyright under the copyright laws. You cannot use the Content, except as specified herein. Any modification of the materials or use of the materials published on the Website for any other purpose, other than as prescribed, shall result in violation of Website's copyright and other proprietary rights by you and shall render you liable for civil, criminal or other legal proceedings. You agree to follow all instructions on this Website limiting the way you may use the Content.

Disclaimers

The Company does not represent in any manner that:

  1. the Website will be available at all times and will operate error free or that there will be uninterrupted access and service;

  2. the integrity of the content/information (if any) provided by You will be maintained; and/or

  3. the Website are free from viruses or other malware.

The Website (including, without limitation, the Content and the Software) is provided to You “As Is” and “As Available” basis, and to the fullest extent, the Company hereby (i) disclaims and expressly waives all other conditions, representations and guarantees, whether express or implied, arising by law, custom, oral or written statements of third parties including, but not limited to, any warranty of merchantability or fitness for particular purpose or of error-free and uninterrupted use of the Website (including, without limitation, the Content and the Software), and (ii) the Company does not guarantee or warrant any features or qualities of the Website (including, without limitation, the Content and the Software) or give any undertaking with regard to any other quality. Statements and explanations on the Website (including, without limitation, the Content and the Software) are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by You or any User from any published Company description of or advertisement except to the extent Company has expressly confirmed such warranty or undertaking in writing to You. Warranties are validly given only with the express written confirmation of Company’s management.

Our reach rights and third-party links

The Company reserve the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, the Company will not be liable for the accuracy of information or the claims made in the Sponsored Listings. The Company do not (in any manner) encourage You to visit the Sponsored Listings page or to avail any services from them. The Company will not be liable for the services of the providers of the Sponsored Listings.

Any content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the content. The Company does not represent or endorse the accuracy, reliability, completeness, usefulness, non-infringement of Intellectual Property Rights, or quality of any content/information provided by third parties on the Website. The Company may remove any content/information (if any) posted/provided on the Website at Company’s sole discretion.

The Website may contain links to external website(s). The Company shall not be responsible for the contents of any linked website, or any changes or updates to such website(s). Additionally, the Company shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any software, content, goods or services available on or through any such linked website. The Company does not control and/or review the linked web-pages and the information provided by third parties.

Indemnity

Irrespective of You accessing the Website from any jurisdictions (within or outside India), You agree to indemnify and hold harmless the Company, its directors, shareholders, officers, employees and agents, against any claims, losses, damages or costs arising from (i) Your use of the Website, or (ii) Your breach of these Terms of Use, or (iii) any error, negligence, willful misconduct or fraud by You; (iv) any dispute over goods or services or the Software, between You and any other third party; (v) any loss suffered by the Company as a result of Your failure to comply with the obligations detailed in the Terms of Use or any additional legal terms or Company’s copyright or privacy policies/statements published on the Website, or (vi) Your unauthorized use of any Company-owned Intellectual Property, or Your alleged violation of any other rights of a third party.

Limitation of Liability

The Company will not be liable or responsible in any way for any Content posted on the Website, including, but not limited to, any errors or omissions in the Content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any of the Content or other material accessed on or through the Website and made available by a third party.

IRRESPECTIVE OF THE LEGAL REASONS, AND IRRESPECTIVE OF YOU ACCESSING THE WEBSITE FROM ANY PART OF THE WORLD (OR ANY COUNTRY), THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO YOU/ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SOFTWARE, OR THE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE, OR THE CONTENT MADE AVAILABLE ON THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE CONTENT OR THE SOFTWARE.

Termination

The Company may, in its sole discretion, at any time discontinue providing or limit access to the Website, any areas of the Website, or any Content (including the Software) provided on or through the Website. You agree that the Company may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Website and/or the Content (including the Software). In the event You are in material breach of the Terms of Use, the Company may, at its sole discretion, suspend or terminate Your account (if any with the Company), and refuse You any current or future use of the Website. The Company shall not be liable to You or any third party for any such suspension or termination. Please note that in the event that you elect to terminate using the Website or the Company has terminated Your use of the Website, the Company has the right and may elect to continue to post and publish on the Website personally identifying information associated with You that You have posted/provided on the Website to the Company.

General

  1. Company Contact: The Company is not obligated to evaluate or provide any comments to You regarding content/information (if any) that you submit on the Website. At the Company’s sole discretion, the Company may contact you with critiques, updates, feedback, status or questions regarding your submission. In no event will any such contact or communication from the Company obligate the Company to adopt your submission, provide a timeframe for evaluation, or even provide any additional communication regarding your submission.

  2. Notice/correspondences: All notices/correspondences sent by You to the Company shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of the Company at hello@tonetag.com. Notices to You may be sent to the address provided by You as part of Your registration.

  3. Force Majeure: In no event shall the Company be liable for failure or delay that is caused by strike, riot, fire, flood, natural disaster, or other similar cause beyond the Company’s control.

  4. Waiver: No waiver of any provision of these Terms of Use shall be binding on the Company unless executed and notified by the Company in writing to You. No waiver of any of the provisions of these Terms of Use by the Company shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver.

  5. Entire Agreement: These Terms of Use read along with the Privacy Policy (and any other copyright, privacy statements or policies published on the Website) shall constitute the entire agreement between You and the Company for Your access and use of the Website.

  6. Severability: If any provision of these Terms of Use is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of these Terms of Use, which shall remain in full force and effect.

  7. Governing Law: Irrespective of You accessing the Website from anywhere (including the European Union), these Terms of Use are governed by the laws of India. You irrevocably consent to the exclusive jurisdiction and venue of the competent courts located at Bangalore, India for all disputes arising out of or relating to these Terms of Use.

This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website.

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