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Terms of Service


Introduction:

Knudge.me (‘Knudge’ or ‘We’) provides its services through its mobile application (‘App’) and website. By registering or installing the App or using or accessing any service through our App, you agree to all these terms and conditions (‘Terms’) contained herein. These terms and conditions constitute a legally binding agreement between you and Knudge and governs your use of the App and the information, offers, services, features, content and other material offered through the App.

We reserve the right, at our sole discretion, to change or modify the Terms at any time. In case we do so, we will post the changes on this page and we will indicate the date these terms were last revised. Your continued use of the App or any of the services after any such change constitutes your acceptance of the new Terms. You agree that you are solely responsible for any breach of your obligations under these Terms and for any of the consequences that follow, including any loss or damage suffered by Knudge.

Scope:

Our services, which are available on the App, are designed to allow users to improve their English skills via different methodologies that we use on a mobile device.

Your use of the services on our App is solely for your personal and non commercial use. Any other use is strictly prohibited and we reserve our rights to take recourse to such remedies as available in law.

Acceptance:

By using or accessing our App or any of the services offered, you agree to and accept these Terms. If you do not agree to the Terms, then you should not access or use the App or the services provided.

Registration:

In order to access the services on the App, you are required to register with Knudge.me and provide true, accurate, current and complete information about you and/or your organization as required. You are also required to maintain and promptly update any registration information that you have provided to keep the information true, accurate, current and complete.

The data disclosed at the time of registration is governed by our Privacy Policy. If you are under the age of 18, you may access the App and the services only with the approval of your parent or guardian.

User Account, Password and Security:

You are responsible for maintaining the confidentiality of your account and password, and are fully responsible for any activities that occur under your password or account. You agree to immediately notify Knudge of any unauthorized use of your password or account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this clause.

Fees:

You acknowledge that Knudge reserves the right to charge for any portion of the services available on our App and to change its fees (if any) from time to time at our sole discretion. You agree to pay all fees when due in accordance with the terms.

In App Purchases:

You acknowledge and agree that all payments will be processed through third party service providers such as Google Play and terms and conditions of any payment or transaction including refund shall be governed by the respective policies of such third party service providers. We advise you to carefully review the respective policies of such third party service providers prior to making any payment. In cases of refund, you may also contact us and we will provide you with the necessary assistance.

Further, in case we discover or learn that you have conducted a fraudulent or deceptive transaction, we shall forthwith terminate your access to the App and all services available. In this context, we also reserve our right to seek such legal remedies as available to us in law.

Data Charges:

Depending on the extent of use of our services on your mobile devices, your internet service carrier’s standard charges, data rates and other fees may apply.

Modifications to the Service:

We reserve the right to modify or discontinue, temporarily or permanently, any of the services available on the App (or any part thereof) with or without notice. You agree that Knudge shall not be liable to you or to any third party for any discontinuance, modification or suspension of the said services.

Your Representations & Warranties:

You represent and warrant to Knudge that your access and use of the services on our App will be in accordance with these Terms and with all applicable laws, rules and regulations in force in India and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding transmission of data or information.

You agree and acknowledge that our services will be limited to your personal use and all other uses, including commercial use, shall be prohibited. You shall not advertise, sell, solicit or exploit in any other manner our App or the services provided therein. You also agree that you shall not decompile, reverse engineer or disassemble the contents of the App or any of the services offered or misuse, infringe or violate any copyright or trademark that vests with Knudge. You agree not to access or attempt to access the App and the materials or services provided by any means other than through the authorised access to the App. In the event that you discover any vulnerability in the App or its services, you agree to bring the same to our notice at the earliest. You agree that you shall not take advantage or misuse any such vulnerability.

Commercial Use:

Unless otherwise expressly authorized by Knudge, you agree not to distribute, license, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the services offered on our App. The App and the services available on it is only for your personal use and may not be used for direct commercial endeavors.

Intellectual Property & Proprietary Rights:

Subject to Clause 13, all information, content and material, including the software, text, images, graphics, video and audio, contained in the App and the services, forms the proprietary property and intellectual property of Knudge. We own all the intellectual property rights to and in relation to the trademark ‘Knudge’ and the App including, without limitation, compilation of all content, software, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, images, audio clips, digital downloads, data compilations, and software, source code, meta tags, databases, text, content, graphics, icons, logos and hyperlinks.

No intellectual property of Knudge shall be copied, downloaded, reproduced, modified, displayed, republished, uploaded, framed, posted, transmitted or distributed in any manner without obtaining prior written consent from Knudge. All intellectual property rights relating to the App and any content on the App vests solely with Knudge and you shall have no right whatsoever to exploit or use the same. The access to the App does not entitle or grant you the right or license to reproduce or otherwise use any intellectual property of Knudge.

You agree not to access or attempt to access the App and the materials or services provided by any means other than through the authorised access to the App. You shall not use any deep-link, data mining, robot, spider or other automation devices, program, algorithm or methodology or any similar or equivalent manual process, to access, acquire, download, copy or monitor any portion of the App. You shall not in any manner whatsoever reproduce or circumvent the navigational structure or presentation of the App, to access or obtain the materials, services or any content on the App through any means not specifically made available or authorised by the App.

User Generated Content:

You may post, upload and/or contribute content to the App, including pictures, text, videos and similar content (‘User Content’). You represent that you have the right to post User Content and that such content or its use shall not be violative of these Terms or the applicable law or the intellectual property rights of others. Upon posting any User Content, you grant to Knudge and its assignees or licensees, if any, a royalty-free, perpetual, non-exclusive right and worldwide license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such content (in whole or in part). Apart from these rights, you retain the ownership of all rights, including intellectual property rights, in the User Content. However, in cases where User Content is created by using the App or any of its services, all existing and future intellectual property rights including copyrights, moral rights and any other intellectual property rights of whatsoever nature in such User Content shall vest absolutely with Knudge.

As regards User Content, you hereby undertake not to:

1. defame, abuse, harass, threaten or otherwise violate the legal rights of other user or third parties;
2. publish, post, submit to upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information; and
3. submit to upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website and/or App or another's computer;
4. posting or sharing User Content on any other online or offline medium for commercial purposes, unless so authorised

In case of violation of all that is stated above, Knudge reserves its right to take down the non conforming and violative User Content and also reserves its right to take appropriate legal action.

Copyright Notice:

Knudge respects the rights and intellectual property of others, and we ask you to do the same. If you believe in good faith that your content or work has been misrepresented or used in a way that constitutes infringement of your intellectual property rights, you may send us a written request to remove or block access to such infringing material. For this purpose, you can reach out to us at: contact@knudge.me

Your request to us must include the following information:

1. An electronic or graphical signature of the owner or person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
2. Identification of the copyrighted work or other intellectual property that you claim has been infringed;
3. Your telephone number, mailing address, and email address;
4. A statement by you explaining why our said property amounts to infringement;
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the sole copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.

Content Policies:

Under no circumstances, Knudge.me will be liable for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of our services. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedbacks or other information about the application and services provided by you to Knudge.me are non-confidential and Knudge.me shall be entitled to dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Knudge.me may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety, its users and the public.

Third Party Websites:

Our services or third parties may provide, links or access to other sites and resources on the Internet. Knudge.me has no control over such sites and resources and Knudge.me is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Knudge.me shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Knudge.me is not liable for any loss or claim that you may have against any such third part.

Third Party Services:

We may enable various online services to be directly integrated into your App experience. By directly integrating these services into the App we make your experiences richer and more personalized. To take advantage of these features, we may ask you to register for or log into such services of their respective providers. By enabling third party services within the App, you are allowing us to pass your login information to these service providers for this purpose.

For more information about the implications of activating these third party services and Knudge.me's use, and disclosure of information related to you and your use of such services within our services, please see our Privacy Policy. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Knudge.me shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within your Knudge.me service. In addition, Knudge.me is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Knudge.me enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

Privacy:

The Privacy Policy, which forms part of these Terms, can be accessed at ..

Indemnity:

You hereby indemnify, defend, and hold Knudge and its office bearers, agents, and authorised representatives harmless from and against any and all losses, damages, liabilities and costs arising from your use of our App and the services contained therein.

In the event of any breach of these Terms, you shall be liable to indemnify Knudge for all the costs, losses and damages caused to Knudge as a result of the breach. In such circumstances, Knudge will be entitled to seek such remedies that are available to it in law.

Knudge’s Representations and Warranties:

THE APP, INCLUDING THE CONTENT THEREIN I.E. THE SOFTWARE, TEXT, IMAGES, GRAPHICS, VIDEO AND AUDIO AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY KNUDGE ARE PROVIDED TO YOU ON AN “AS IS AND AVAILABLE IS” BASIS. KNUDGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE APP OR ANY SERVICE AVAILABLE ON IT EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KNUDGE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitaton of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KNUDGE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OF THE APP OR ITS SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN KNUDGE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION, IN NO EVENT SHALL MAKE KNUDGE LIABLE FOR ANY CLAIM.

Governing Law and Jurisdiction:

Any dispute, difference or issue arising from or in relation to these Terms shall be governed by the laws of India and the courts in Bangalore shall have exclusive jurisdiction for adjudication thereof.

Assignment:

These Terms and any rights and licenses granted hereunder, shall not be transferred or assigned by you but may be assigned by Knudge without restriction.

Revisions of these Terms:

We reserve the right to revise these Terms at our sole discretion at any time. Any revisions to these Terms will be effective immediately upon publication. For any material changes to these Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the App or the services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Termination:

You agree that Knudge in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the App or any service and remove and discard any content within the App, for any reason, including, without limitation, for lack of use or if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the App, may be referred to appropriate law enforcement authorities. Knudge may also in its sole discretion and at any time discontinue providing services, or any part thereof, with or without notice. You agree that any termination of your access to the App under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Knudge may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or any service. Further, you agree that Knudge shall not be liable to you or any third-party for any termination of your access to the App.

General:

These Terms constitute the entire agreement between you and Knudge and govern your use of the App and the services. You also may be subjected to additional terms and conditions that may apply when you use affiliate or third-party services.


Last updated: 25th April, 2018

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