Terms of Service - Vishal Chatterjee iOS Apps

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 16 BELOW.

Please read these Terms of Use, together with the Vishal Chatterjee Privacy Policy, Cookie Policy, and any other supplemental policies or notices, fully and carefully before using the mobile application "Vishal Chatterjee iOS Apps" ("Application") and the services, features, content, or applications offered by Vishal Chatterjee ("Company," "we," "us," or "our") in connection with the Application (collectively, the "Platform"). These Terms of Use set forth the legally binding terms and conditions for your use of the Platform.

0. Acceptance of Terms of Use

1. By signing up for, installing, or using the Platform in any manner, you agree to these Terms of Use and all other operating rules, policies, and procedures that may be published from time to time through the Platform by us.
2. Certain parts of the Platform may be subject to additional terms and conditions specified by us from time to time; your use of the Platform is subject to those additional terms and conditions.
3. These Terms of Use apply to all users of the Platform, including registered and unregistered users.
4. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 16, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Eligibility

We do not intend the Platform to be used by minors under the age of 13, and we do not market the Platform for use by minors under the age of 13. If you are between the ages of 13 and the age of majority in your jurisdiction, you must obtain your parent or legal guardian's permission before establishing an account or using the Platform. We may refuse to offer the Platform to any person or entity and may change eligibility criteria at any time.

2. Registration

To use certain Platform features, you may be required to register for an account or log in through a third-party authentication service. You must provide accurate and complete information and keep your account information updated. You are responsible for activity that occurs under your account and for keeping your login credentials secure.

You may not use another person's account without permission, impersonate another person, use offensive account names, or maintain more than one account where the Platform restricts use to one account. You must notify us promptly of any unauthorized use of your account or other security breach.

3. Content

3.1. Definition

"Content" includes information, data, text, photographs, videos, audio clips, written posts, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made available on or through the Platform. Content also includes User Content.

3.2. User Content

Content added, created, uploaded, submitted, distributed, or posted to the Platform by users ("User Content") is the sole responsibility of the person who originated it. You represent that your User Content is accurate, complete, up to date, and compliant with applicable laws. You retain ownership of your User Content, but you are responsible for any risk associated with it.

3.3. Notices and Restrictions

The Platform may contain Content provided by us, our partners, or our users, and that Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.

3.4. Use License

Subject to these Terms of Use, we grant each user a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use Content solely for purposes of using the Platform. Any use, reproduction, modification, distribution, or storage of Content outside permitted Platform use is prohibited without prior written permission.

5. Availability of Content

We do not guarantee that any Content will be made available on or through the Platform. We reserve the right, without obligation, to remove, edit, modify, block, or otherwise manage Content or User Content at any time, with or without notice, and for any reason.

6. Rules of Conduct

1. You promise not to use the Platform for any purpose prohibited by these Terms of Use. You are responsible for all activity in connection with your use of the Platform.
2. You may not upload, download, post, submit, distribute, or facilitate Content that infringes rights, violates laws, is false or misleading, is abusive or unlawful, contains viruses or malicious code, impersonates another person, constitutes spam, or includes sensitive personal or financial information of others.
3. You may not impose unreasonable load on our infrastructure, interfere with Platform operation, bypass access restrictions, run bots or automated systems, scrape the Platform, harvest Content, or otherwise violate our policies.
4. You may not reverse engineer, modify, translate, or create derivative works of any part of the Platform except where applicable law prohibits such restriction.
5. We reserve the right to access, preserve, and disclose information as reasonably necessary to satisfy legal process, enforce these Terms, detect or address fraud and security issues, respond to support requests, or protect rights, property, and safety.

7. Third-Party Services

The Platform may permit you to link to or access other websites, services, or resources. These resources are not under our control, and we are not responsible or liable for their content, functions, accuracy, legality, appropriateness, or any other aspect. The inclusion of any link or access does not imply endorsement.

8. Location-Based Services

We may offer features based on user location. You may use these features at your discretion and may opt out by turning off location-related features. If you use Location-Based Services, you consent to our collection and use of location information through the Platform.

9. Notifications

We may offer in-app or push notifications to provide information about Platform features. If you disable notifications, you may not receive information in a timely manner and may have limited access to certain aspects of the Platform.

10. In-App Advertisements

To maintain the free nature of the Platform, we reserve the right to display advertisements in, on, and throughout the Platform. Certain features may require viewing advertisements, and bypassing advertisements may result in termination or suspension of Platform access.

11. In-App Purchases

We may offer in-app purchases for goods or features designed to enhance the Platform. Purchases are made through Apple iTunes services or Google Play services and are subject to their respective terms and conditions. We are not a party to those purchases.

12. Termination

We may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may remove the Application from your device and follow any available Platform instructions.

13. Warranty Disclaimer

THE PLATFORM AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES IMPLIED BY COURSE OF PERFORMANCE OR USAGE OF TRADE. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK.

14. Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates, and each of our respective employees, contractors, directors, suppliers, and representatives from liabilities, claims, and expenses arising from your use or misuse of the Platform, your User Content, your violation of these Terms, or your infringement of any intellectual property or other right.

15. Limitation of Liability

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEM OR DISSATISFACTION WITH THE APPLICATION, PLATFORM, OR CONTENT IS TO UNINSTALL THE APPLICATION AND STOP USING THE PLATFORM.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS OF BUSINESS; LOSS OF PROFITS; DEVICE DAMAGE; OR NON-PERFORMANCE CAUSED BY EVENTS OUTSIDE OUR REASONABLE CONTROL.

16. Arbitration Clause and Class Action Waiver

16.1. Binding Arbitration

Either party may initiate binding arbitration as the sole means to resolve claims arising out of or relating to these Terms, the parties' relationship, or your use of the Platform. Arbitration is more informal than a lawsuit in court, and there is no judge or jury in arbitration.

16.2. Location

If you are a resident of the United States, arbitration will take place at a reasonable location within the United States convenient for you. For residents in Canada, arbitration shall be initiated in New York County, New York, United States of America.

16.3. Class Action Waiver

The parties agree that arbitration shall be conducted only in their individual capacities and not as a class action or other representative action. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY.

16.4. Exceptions

Either party may bring an action in state or federal court to protect intellectual property rights, and either party may seek relief in small claims court for disputes within that court's jurisdiction.

16.5. Time for Filing

Any arbitration must be commenced within one year after the date the party asserting the claim first knows or reasonably should know of the conduct giving rise to the claim, unless applicable law requires a different period.

17. Governing Law and Jurisdiction

These Terms and the relationship between the parties will be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law provisions.

18. Modification

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. If changes are material, we may attempt to provide notice through the Platform or by email. Your continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.

19. DMCA Copyright Policy

Vishal Chatterjee respects the intellectual property rights of others and attempts to comply with applicable legal requirements under the Digital Millennium Copyright Act. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing the required information to the designated contact below.

Please send copyright notices to vishalchatterjee1988@gmail.com.

20. Apple Device and Application Terms

If you are using the Application on an Apple device, the following terms also apply:

• These Terms of Use are between you and Vishal Chatterjee only, not Apple, Inc., and Apple is not responsible for the Application or its content.
• Your use of the Application must comply with the App Store Terms of Service.
• Apple has no obligation to furnish maintenance and support services with respect to the Application.
• Apple is not responsible for addressing claims relating to the Application or your possession and use of the Application.
• Apple and its subsidiaries are third-party beneficiaries of these Terms of Use and may enforce these Terms against you as a third-party beneficiary.

21. Miscellaneous

• Section titles are for convenience only and have no legal or contractual effect.
• Our failure to enforce any right or provision will not constitute a waiver of that right or provision.
• These Terms, together with the Privacy Policy and other legal notices referenced here, constitute the entire agreement between you and Company regarding the Platform.
• If any provision is found invalid, the remaining provisions remain in full force and effect.
• You may not assign rights or delegate obligations under these Terms without prior written consent.
• Electronic notices should be sent to vishalchatterjee1988@gmail.com.

Contact Us

You may contact us at vishalchatterjee1988@gmail.com.