Terms of Use

These Terms of Use (“Terms” or “Agreement”) are applicable for the use and access of the downloadable mobile application under the name and style of apna AI (“apna AI”), owned and operated by Invenics Ltd. (“Company”). apna AI serves as an intermediatory platform for facilitating the processing, generation, understanding and analysis of natural language, images or files, and has a conversational interface and contextual awareness for simulating multi-modal conversation with users (“You” or “you”) for the purpose of communication, interaction with, and solving queries of the users (“Services”). Access and use of apna AI is subject to the following Terms that which you have read, understood, and agreed to be bound. Any other services offered by the Company or other features, content, or applications offered from time to time through apna AI are governed by the following Terms.

Your eligibility to use apna AI.

1.1 You are eligible to use the Services by registering with apna AI, if and only, you comply with the following conditions:

a) You have completed the age of 13 years. However, if the law requires that you can be younger than the prescribed limit above in order for apna AI to lawfully provide the Services to you, then the legal age is such younger age;
b) You are eligible to enter in to a legally binding contract; and
c) You are not barred by any applicable law for the time being in force.

2. Your Membership with apna AI.

2.1 You agree that, in order to access and use apna AI, you will have to give certain personally identifiable information of yours, at the time of registration. You acknowledge that in order to avail the Services, the Company may periodically access your contact list and/or address book and other applications installed in your device(s) to find and keep track of mobile phone numbers and/or email addresses of the contacts or other stakeholders using apna AI and get interlinked with the available features of your device in order to provide enhanced Services. You hereby give express consent to the Company for such access.

2.2 You shall be solely responsible for maintaining the confidentiality of the username and password, and for all activities that occur under your username. You agree to:

(a) notify the Company immediately of any unauthorized use of account with apna AI or any other breach of security; and

(b) ensure that you log off from your account at the end of each session, if you are accessing apna AI through a shared device or mobile phones. The Company will not be liable for any loss or damage arising from your failure to comply with this clause

2.3 You further represent and warrant that:

i. You agree that in order to use the Services, you will have to register with apna AI and pursuant to such registration, you shall have access to certain features which are available on apna AI

ii. You are neither a competitor of the Company nor using the Services for reasons that are in competition with the Services of the Company

iii. You are entitled to submit the information to the Company and that such information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights;

iv. You will maintain the accuracy of such information at all times;
v. Use of the Services does not violate any applicable law;
vi. You will not provide any false personal information to Company, or create an account for anyone other than you without permission;
vii. You will not create multiple accounts in the same name or under different fictitious names;
viii. If the Company disables your account, You will not create another one without Company’s permission;
ix. You will not share your permanent and temporary log-in credentials or do anything else that might jeopardize the security of your account and other’s account;
x. You own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all the proprietary rights in and to any and all of the User Content (hereinafter defined) and intellectual property of them to enable inclusion and use of such User Content in the course of Services being provided on apna AI;
xi. You will not submit any User Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have the permission from your rightful owner to share the material and to grant Company all of the license rights granted therein;
xii. You will not publish falsehoods or misrepresentation that could damage the Company or any third party, including, without limitation, loss of reputation, credibility, revenue;
xiii. You will not post or try to generate any User Content that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, nationality and is in the nature of being derogatory, slanderous to any third party;
xiv. You will not post or attempt to generate any User Content that has the potential to create unrest or law and order problem in sections of the society.
xv. You will not post or attempt to generate any naked photos, pictures or sexually explicit caricatures of human beings;
xvi. You will not post or attempt to generate inappropriate or sexually explicit contents on animals; and
xvii. You will not conduct any systemic or automated data collection activities (including scrapping, data mining, data extraction or data harvesting) on or in relation to the Service. Prohibited data collection includes, but is not limited to, using the Service as input into other services, websites, or databases;
xviii. You agree not to republish any content generated by the Services without clearly citing
the Services as well as the context associated with the content. Misrepresentation of the
source of the content or the nature of its creation is strictly prohibited.

3. License.

3.1 Company’s License. You acknowledge and agree that the Company or Company’s licensors or such other third party own all legal rights, titles and interests in and to apna AI and its Services, including any intellectual property rights which subsist in apna AI, its user interface, layout and Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Further, the Company grants you a non-exclusive, revocable, non-transferrable and limited license to access and use the Services on your personal device as made available through apna AI. The Company may, from time to time, update or modify the features of apna AI, release new versions or create new modules related thereto, each of which may, at the Company’s discretion, be included within the license granted above. You shall not be permitted to sublicense or transfer any of your rights hereunder including without limitation, access to apna AI through the respective login credentials authenticated for you. Unless agreed otherwise in writing with the Company, nothing in the Terms gives you or any third party a right to use any of Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

3.2 Your License. apna AI allows you to upload/submit your personal information and other queries including but not limited to your name, address, photo, phone number, email address, city, educational qualification, experience, job description and nature of work, business card, location coordinates, events as decided by you, reviews, clarifications, comments, views, queries, endorsements, statuses and other information (“User Content”) which may be hosted, shared, processed, analysed or published as part of the Services, and may be transmitted to other third party tools and software. You own all of the User Content, network data and other information that you may upload on through apna AI. However, You agree to grant a non-exclusive, transferable, royalty-free, sub-licensable and worldwide right and license to the Company, to use, copy, modify, distribute, publish and process the User Content, without any further consent.

4. User Content and Generated Content

4.1 The User Content that you share may be seen by other registered users of apna AI or, if public, by visitors. Wherever the settings are available for the User Content, the Company will honor the choices you make about who can see the User Content and other privacy settings as available on apna AI. However, it is agreed by you that the Company is not obligated to publish any information or User Content on apna AI and can remove it at the sole discretion of the Company, with or without notice.

4.2 It is agreed that the ownership of the content that is generated on Apna AI by way of processing and analyzing solely the User Content posted by you (“Generated Content”), through certain customized software tools, and its related intellectual property shall remain with you or such third-party tools used for its generation. The Company shall not be held responsible for any claims made by third party on the Generated Content.

4.3 You understand that the User Content, whether publicly posted or privately transmitted or generated, are the sole responsibility of the person from whom such Content originated. It is you, and not the Company, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via apna AI. apna AI does not control the User Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of the Generated Content. You understand that by using apna AI, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any Generate Content, including, but not limited to, any errors or omissions in any Generated Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made
available via apna AI.

4.4 You agree that you must evaluate, and bear all risks associated with, the use of any Generated Content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any Generated Content facilitated by apna AI the Services.

4.5 You acknowledge and agree that apna AI may preserve User Content and Generated Content
and may also disclose such content if required to do so by law.

5. Restrictions on Use. You shall not:

(a) remove any copyright, trademark or other proprietary notices from any portion of apna AI;

(b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit apna AI except as expressly permitted by the Company;

(d) link to, mirror or frame any portion of the Services;

(e) access apna AI through a code, program or procedure either singly or repetitively with an intent to bypass safeguards built-into apna AI or to crash the App server.

(f) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the apna AI or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;

(g) attempt to gain unauthorized access to or impair any aspect of apna AI or its related systems or networks or Services;

(h) attempt to interfere with service to any other registered user, host or network, including, without limitation, via means of submitting a virus to apna AI, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing” etc;

(i) stalk or harass or abuse any other registered users of apna AI;

(j) infringe any intellectual property or other proprietary rights of any third party;

(k) act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;

(l) create profiles or provide content that promotes escort services or prostitution;

(m) copy or use the information, content or data of others available on apna AI (except as expressly authorized);

(n) imply or state that you are affiliated with or endorsed by apna AI without our express consent; or

(o) override any security feature of the Services.

6. Remedies with Company.

6.1 You understand and agree that the Company may review any User Content posted/ uploaded on apna AI, and in case the Company finds, at its sole discretion, that you violate any of these Terms, then it reserves the right to take actions to prevent/control such violation, including without limitation, removing the offending User Content from apna AI and/or terminating the registration of yours and/or blocking your use of the Services.

6.2 The Company shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting you when involved in such violations.

6.3 You acknowledge that in no event shall the Company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services. You also acknowledge that in any such event the Company shall also have the right to hold such defaulting party liable and initiate proceedings against such party in the courts and other appropriate forums.

7. Additions and Alterations to Terms of Use

7.1 The Company reserves the right to add to or alter these Terms from time to time, and each such modification shall be effective upon posting. The Company will inform you of such additions/alterations through e-mails or messages to your account or in-app notification, or through other means available through Services. These additions/alterations will not apply retroactively and will become effective from the date they are posted.

7.2 Additions may be in the form of supplemental terms which may apply to certain Services, such as policies for a particular feature and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms shall be deemed a part of the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

7.3 Continued use of the Services following any such modification constitutes your acceptance to be bound by these Terms as so modified. It is therefore important that you review these Terms regularly. If you do not agree to be bound by these Terms and to abide by all applicable laws, you must discontinue use of the Services immediately

8. Term and Termination

8.1 These Terms shall remain in full force and effect unless and until your account is terminated as provided herein. Any licenses contained in this Agreement will terminate automatically without notice if you fail to comply with any provision of this Agreement.

8.2 The Company further reserves the right to terminate this Agreement or discontinue the Services provided through apna AI or any portion or feature thereof for any or no reason and at any time without liability to you.

8.3 You may also terminate this Agreement for any or no reason and at any time. Upon such termination for any reason, you shall cease to have access to apna AI. However, you agree that User Content may be stored in the servers of apna AI even after termination to comply with the applicable laws. It is agreed that your grant of non-exclusive, transferable, royalty-free, sub-licensable and worldwide right and license to the Company, to use, copy, modify, distribute, publish and process the User Content that are already posted shall survive the termination of this Agreement.

8.4 The Company will not be liable for any costs, expenses, or damages as a result of the termination of this Agreement.

8.5 Sections 5, 8, and 10 through 13 of this Agreement shall survive following any termination of this Agreement.

9. Third Party Content

apna AI may contain features and functionalities that allow access to third party content, including websites, data, information, directories, servers, networks, systems, gateways, information and databases, applications, software, programs, products or services, and the internet as a whole. Any such activities, and any terms associated with such activities, are solely between you and the applicable third party. Please note that if you allow a third party app or site to authenticate you or connect with your apna AI account, that app or site can access information on apna AI related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. You should make whatever investigation you may feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for their dealings with any third party, including the use of applications or services and the delivery of and payment for goods and services. If you have any problem resulting from use of any third party services, or suffer data loss or other losses as a result of problems with any of other service providers or any third-party services, the Company shall not be responsible for the same. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites.

10. Disputes.

10.1 These Terms shall be governed by and interpreted and construed in accordance with the laws of Republic of India. You will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law in Delhi, India.

10.2 If anyone brings a claim against the Company related to your actions, User Content, Generated Content, comments or information on apna AI, you will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Company shall also have the right to hold you or such other person liable for the damages, losses and expenses which the Company may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by You. Although the Company provides rules for your conduct, the Company does not control or direct your actions on apna AI and is not responsible for the User Content you transmit or share on or use in apna AI or for any of your actions using the Services. The Company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable User Content you may encounter on apna AI. The Company is not responsible for the conduct, whether online or offline, of you.

11. Disclaimer and Limitation of Liability.

11.1 The Company is only acting as a repository of data, User Content, Generated Content and those submissions made by you and do not represent the views/ clarifications of the Company and Company makes no guarantee as to the validity, accuracy or legal status of any User Content. It is agreed by you that the Company neither endorses, nor promotes any of the views, ideas, expressions, postings, actions of any of the Users or other information.

11.2 THE COMPANY TRIES TO KEEP APNA AI, BUG-FREE, AND SAFE, BUT YOU AGREE TO USE IT AT YOUR OWN RISK. THE COMPANY IS PROVIDING THE SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.3 THE COMPANY TRIES TO PROTECT YOUR DATA ON Apna AI, BUT YOU AGREE TO UPLOAD/KEEP YOUR DATA AT YOUR OWN RISK. THE COMPANY IS NOT RESPONSIBLE FOR APNA AI’ s USE OF YOUR DATA BY ANOTHER USER OR BY A THIRD PARTY.

11.4 THE COMPANY DOES NOT GUARANTEE THAT YOUR DATA WILL ALWAYS BE INTACT OR THAT YOUR DATA WILL NOT BE ERASED OR FORMATTED. HOWEVER THE COMPANY SHALL TAKE NECESSARY PRECAUTIONS TO THE BEST OF ITS ABILITIES TO SAFEGUARD YOUR DATA WITHOUT BEING ERASED OR LOST.

11.5 THE COMPANY DOES NOT GUARANTEE THAT APNA AI WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR BUG-FREE OR THAT Apna AI WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.

11.6 THE COMPANY DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN FROM Apna AI WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR OTHER INFORMATION OBTAINED BY YOU THROUGH APNA AI WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED; OR (F) THAT THE SERVICES WILL BE MERCHANTABLE AND WILL NOT INFRINGE UPON ANY INTELLECTUAL PRPERTY RIGHTS.

11.7 THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE COMPANY, COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

11.8 THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF Apna AI.

11.9 IN CERTAIN JURISDICTIONS, APPLICABLE LAW MAY NOT ALLOW THE LIMI TATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11.10 THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO YOU OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICES PROVIDED BY Apna AI.

11.11 THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF Apna AI, COMPANY SPECIFICATIONS, CONTENT, OR OTHER COMPANY PRODUCTS AND SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIApna AITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIApna AITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

12. Copyright Claim/ Other Queries

If a copyright/ intellectual property owner or an agent thereof believes that any content on apna AI infringes upon their copyrights or other intellectual property or for any questions regarding these Terms of the Services, you may contact us at support@apnaai.com.

13. General

13.1 These Terms along with the Privacy Policy make up the entire agreement between the parties regarding the use of apna AI and its Services, and supersedes any prior agreements or understandings.

13.2 If any portions of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.

13.3 The Company’s failure to require performance of any provision of these Terms, or to exercise any right provided for herein, shall not be deemed a waiver of such provision or such right.

13.4 Any amendment to or waiver of these Terms must be made in writing and signed by the Company.

13.5 You will not transfer any of your rights or obligations under these Terms to anyone else without the Company’s consent.

13.6 All of the Company’s rights and obligations under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

13.7 Nothing in these Terms shall prevent the Company from complying with the applicable laws.

13.8 These Terms do not confer any third party beneficiary rights.

13.9 You should carefully read the Company’s Privacy Policy as it governs the Company’s treatment of any information, including personally identifiable information you may submit on apna AI.

13.10 The Company reserves all rights not expressly granted to you. It further reserves the right to limit your use of the Services, including curtailing your account’s storage space on the Company’s cloud server and your ability to contact other registered users of apna AI. The Company reserves the right to restrict, suspend or terminate your account if it believes that you may be in breach of this Agreement or law or are misusing the Services.

13.11 The Company reserves the right to periodically delete at its discretion, the expired and dated data, including but not limited to your history of User Content, postings your endorsements, your comments and your publications.

13.12 The company reserves the right to research and publish general user behavior categorized at its discretion.

13.13 If under any law, you are entitled or obligated to act contrary to these terms, you consent to provide the Company with a comprehensive explanation of the reasons for such act in writing at least 30 days before you act in such manner.

13.14 You will comply with all applicable laws when using or accessing the Services.

By using apna AI, you agree to the Company’s Terms of Use and to receive account and feature emails from the Company.

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