Effective Date: Sep 24, 2023.

These Terms of Use (“Terms”) govern your use of our website located at https://vyomapp.com/ and/ and/or the vyomapp mobile application (collectively, the “Platform”) made available by Talcosoft Technologies Private Limited (“VyomApp”, “Company”, “we”, “us” and “our”), a private company established under the laws of India having its registered office at Soft Villa, Ward No.13,Kanina - 123027. The terms “you” and “your” refer to the user of the Platform.

These Terms are to be read with the vyomapp Privacy Policy. If you do not agree with the terms and conditions of these Terms, please do not use this Platform.

Our Services (as we have described below in detail) and these Terms are compliant with the Indian Penal Code, 1860, and Information Technology Act, 2000, including all amendments made to it and rules framed under it. When you create an account on our Platform or use our Platform or any of our Services, you accept and agree to these Terms. However, please note that we do not represent that we are compliant with laws of any country apart from the Republic of India. If you wish to use our Services, please ensure that you are permitted to do so, in your jurisdiction.

You and we are required to follow certain rules while you use our Platform. We have listed these rules in these Terms. Please read these Terms and all other hyperlinks mentioned here carefully. Do remember that by using our Platform, you agree to these Terms. Also, if you are using these services outside India, please comply with your local laws.

CHANGES TO TERMS AND SERVICES

Our Platform is dynamic and may change rapidly. As such, we may change the services we provide at our discretion. We may temporarily, or permanently, stop providing Services or any features to you generally.

We may remove or add functionalities to our Platform and Services without any notice. However, if we make a change where your consent is required, we will make sure to ask for it. Please be sure to keep visiting this page from time to time to stay updated on our latest changes and developments.

Visit this page to see any changes that we may make and services that we may add or modify, from time to time.

Availability And Termination Of Our Services

Availability Of Our Services. We are always trying to improve our Services. That means we may expand, add, or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time after a notice period of 30 days, with no such notice being required in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Termination. Although we hope you remain a VyomApp user, you can terminate your relationship with VyomApp anytime for any reason by deleting your account. Our right to terminate for cause remains unaffected. Good cause shall be deemed to exist if one party violates laws, third-party rights, or otherwise breaches these Terms, and the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period, taking into account all circumstances of the individual case and after weighing the interests of both parties. A termination for good cause is only possible within a reasonable period of time after a breach has come to the knowledge of the other party.

If the important reason is a violation of an obligation of these Terms, termination is only permissible after the unsuccessful expiration of a granted remedy period or after an unsuccessful warning. However, this does not apply if the party in breach seriously and finally refuses to fulfill its obligations or if, after weighing the interests of both parties, special circumstances justify immediate termination.

USE OUR SERVICES

Our Platform helps you stay in touch with people or your organization and enables you to share images, videos, audios, job post, polls other updates, and more in your preferred regional language. We understand your preferred content and personalize your newsfeed to show you posts, pictures, videos, and suggest content available on our Platform (“Service/Services”).

You may use our Services only if you are capable of forming a binding agreement with us and are legally permitted to use our Services. If you are accepting these Terms on behalf of a company or any legal persons, then you represent and warrant that you have the authority to bind such entity to these Terms and effectively “you” and “your” shall refer to the company.Please ensure that you are allowed to use our services under the law.

We strive to give you belongingness to people or your organization via digital medium. We also allow you to download content that is available on our Platform and share your vyomapp experience across social media platforms. To use our Services, you must register on our Platform by entering your phone number and the One-Time-Password sent by us via SMS to your phone number. We do not read any information stored on your mobile device and computer without your permission.

Privacy Policy And User Data

VyomApp cares about your privacy. VyomApp's Privacy Policy describes our data (including message) practices, including the types of information we receive and collect from you, how we use and share this information, and your rights in relation to the processing of information about you.To effectively provide and introduce any new Services to you, we collect certain information such as your phone number and your name from you. We may further request and store additional information. Such information is stored securely on amazon web services or “AWS” cloud servers and the “Google Cloud Platform” cloud servers, thereby also subject to the terms of the AWS and Google Cloud privacy policy. The vyomapp Privacy Policy explains how we collect, use, share and store the information collected. The vyomapp Privacy Policy also details your rights under law and how you may control the data you provide us.You provide us with some information about yourself so that we can serve you better. We have described how we store and use this information in the vyomapp Privacy Policy.

Device Security

We have implemented measures to ensure that our Platform is secure. However, there is no guarantee that our Platform is immune to virus attacks. You will ensure that you have requisite anti-malware and antivirus software on your mobile device and computer to ensure its safety. You will not allow any person to use your phone number, and not allow multiple accounts to be linked to your phone number. You will be responsible for all content posted by any account linked to your phone number.

While we do everything we can to secure your use of our Services, keep in mind that we cannot contemplate all forms of attack on our Platform. You should, as a matter of practice, ensure that your mobile device and computer are not used wrongly or tampered with in any way.

   

 Platform Not to be Used For Anything Unlawful or Illegal

Our Platform is designed to accommodate a multiplicity of languages and cultures, as well as a diverse range of contents.

You shall not, use our Platform to share any content which is obscene, pornographic, harmful for minors, discriminatory, spreading hate speech, inciting any form of violence or hatred against any persons, or of seditious in nature, or violates any laws of the Republic of India, or is barred from being shared by any laws of the Republic of India. We reserve the right to remove such content.

In addition to the above, please note that we may share your information with appropriate law enforcement authorities if we have good-faith belief that it is reasonably necessary to share your personal data or information in order to comply with any legal obligation; or to protect the rights or prevent any harm to our property or safety, our customers, or public; or to detect, prevent or otherwise address public safety, fraud, security or technical issues. You understand however, that we cannot be held responsible for any actions done by or to you by a third party or user by way of using our Platform.

We have developed a platform for people to come together; please do not share any content which is illegal or causes any harm to the well-being of members of the society or community.

    Content Rights and Liabilities

We strongly believe in the freedom of expression and allow you to share photographs, images, videos, music, other updates, and other content on our Platform. We do not have any ownership over any of the content shared by you and the rights in the content remain only with you. You will not use our Platform to violate or infringe upon our or any third-party’s intellectual property rights. Such content is against vyomapp Terms of Use and may be removed from the Platform. Further, if you use any content developed by us, then we shall continue to own the intellectual property rights in such content.

By sharing/posting/uploading content using our Services, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings).

You may request to delete your content and/or account at any point. However, your content may continue to appear on the Platform if it has been shared with others. To learn more about how we use information, and how to control or delete your content, please read the vyomapp Privacy Policy.

You remain solely responsible for the content you post on our Platform. We do not endorse and are not responsible for any content shared or posted on or through our Platform, and for the consequence of such sharing or posting. The presence of our logo or any trademark on any content shared by you does not mean that we have endorsed or sponsored your content. Further, we will not be liable for or responsible for the consequences of any transactions made or entered into by you with other users of the Platform.

You will always have ownership and responsibilities for the content you share. We will never claim that we have intellectual property rights over your content, but will have a free of cost, permanent license to use what you share and post on our Platform.

    Intermediary Status and No Liability

We are an intermediary under the Information Technology Act, 2000 and the Information Technology Act (Intermediary Guidelines) Rules, 2011. These Terms are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing of the rules and regulations, vyomapp Privacy Policy, and vyomapp Terms of Use for accessing and using our Platform. Our role is limited to providing a platform to display the content shared by you and our other users.

We do not control what people do or say and are not responsible for their (or your) actions (whether online or offline). We are not responsible for services and features offered by others, even if you access them through our Services. Our responsibility for anything that happens on our Platform is strictly governed by the laws of the Republic of India and is limited to that extent. You agree that we will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.

We are an intermediary under Indian law. We do not control what people post on our Platform but we expect everyone to comply with the vyomapp Terms of Use.

    You Will Not Attempt to Disrupt or Jeopardize vyomapp

We have developed a social network platform. Therefore, you agree to not interfere with, or use non-public areas of our Platform, Services, and our technical delivery system. You will not introduce any Trojans, viruses, any other malicious software, any bots or scrape our Platform for any user information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. If you tamper or attempt to tamper with our technological design and architecture, we may terminate your user profile. We may further report such actions to the appropriate law enforcement authorities and proceed against you with legal actions.

You will not hack into or introduce malicious software of any kind onto our Platform. If you commit such actions, we may remove you from the platform and even have to report your actions to the police.

Guidelines to use vyomapp

vyomapp requires users to follow these Guidelines along with the Terms of Use. vyomapp has the utmost regard for the freedom of speech and expression as well as the right to privacy of users on its platform. In framing the Guidelines, every stipulation carefully balances these considerations with the requirement to respect and abide by the letter and spirit of the law of the land.

The guidelines listed below set out the types of actions and behaviour that are prohibited on vyomapp. If you are found to have committed any of the actions listed below appropriate action might be taken against you including, but not limited to, taking down the violative content, in the appropriate circumstances informing the authorities, and suspension or termination of your account:

A. Terrorism and Extremism

Do not post content that threatens, encourages or glorifies terrorism.

You must not threaten or promote any dangerous activities on vyomapp. In particular you must not use vyomapp to incite terrorism, secession, acts of violence against person or property or which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign nations, or insults another nation.You must not post any content that promotes or encourages users to take actions on behalf of a terrorist or anti-national organization, or recruits and disseminates information for, or furthers the objectives of, such organizations. You must also not garner support or approval for the commission of violent acts during lawful protests or create violence-inducing terror and conspiracy networks on the platform.

B. Violent Content

Do not post content that threatens, depicts or glorifies violence, or encourages self harm.

You must not use vyomapp to make any direct or indirect threats of physical harm against another person. This includes any threat relating to theft, vandalism, wrongful confinement, bodily, mental or financial harm.

vyomapp does not permit its users to post content which involves references to mass murder, violent events, or specific means of violence, in particular where vulnerable communities or groups are the primary targets or victims, or which depicts or glorifies any such actions. VyomApp does not permit the glorification of violence in any manner including but not limited to celebrating events that have caused physical harm to or hurt the sentiments of any person or group. You must refrain from posting content which depicts torture, injury, mental suffering, death, bodily harm, abduction, kidnapping or other forms of violent content. You must also refrain from posting content relating to suicide or self harm, particularly in ways that can be construed as promoting or suggesting this course of action.

C. Graphic, Obscene and Sexual Content

Do not post graphic, obscene and/or sexual content on VyomApp.

vyomapp does not tolerate content which is obscene or sexually graphic or which could be seen to be inappropriate for some users. vyomapp does not allow pornographic or peodiphillic content, explicit depictions of deceased persons, violent sexual acts including content depicting rape, and imagery which is excessively gory.

D. Sexual Harassment and non-consensual nudity

Do not post any content or engage in any activity that might be construed as being sexual harassment other users.

Do not make statements of a sexual nature which are intended to be insulting, harassing, or degrading on the basis of gender, or which make any other person feel uncomfortable. vyomapp does not condone sexual harassment on the platform, including, but not limited to, sexually explicit remarks, or innuendoes directed at any specific person or persons, or the sharing of sexual (or sexually suggestive) information or media in relation to a person without their consent or any content which may may invasive of a person's bodily privacy.

E. Cyberbullying

Be kind to others. Don’t be a bully.

vyomapp does not allow users to engage in bullying or harassment on the platform. Bullying could take many forms, including sharing defamatory or libellous content, or sending threatening messages or insults to another vyomapp user. Users must not post content containing personal attacks against other individuals including other VyomApp users. Do not use abusive language, slang, or expletives in any language and in particular do not direct such language at other users.

F. Invasion of Privacy

Be respectful of the privacy of others.

VyomApp expects users to be respectful towards the privacy of others. You must refrain from publishing, sharing, or encouraging the publication of, any personal information of another person or which is invasive of their privacy.

G. Illegal Activities

Much like in the real world, don’t break the law when you use vyomapp.

Do not post content which is illegal or which encourages other users to participate in any illegal activity. This includes buying or selling of narcotics, illegal or prescription drugs, alcohol, tobacco products or any other categories of items that are not permitted to be traded between private individuals. You must also not use the platform to offer access to lotteries, gambling, and real money games or encourage money laundering, prostitution, human or child trafficking, organised violence or any other criminal activity.

H. Identity Theft and Impersonation

Identity theft is serious. Don’t impersonate any other person.

Do not impersonate or pose as another person, brand, or organization to deceives or misleads users about the origin of the content. You are encouraged to voluntarily verify yourself and ensure that all the details provided in your profile are accurate and do not, in any manner, constitute misrepresentation.

I. Hate Speech and Discrimination

Do not post hateful or discriminatory content on vyomapp.

Treat others on vyomapp with dignity, respect, and a sense of empathy. We encourage valid and well-intentioned expressions of healthy disagreement on the platform. We do not allow any forms of hateful, personal attacks, ad hominem speech, or uncivil disagreement which are intended to harm another user or cause them mental stress or suffering.

J. Religiously Offensive Content

Be respectful of the religious beliefs of others.

You must always be respectful of the religious faith and beliefs of others regardless of whether or not they share the same views or beliefs as you. You must not publish anything which is hurtful to the sentiments of others, or which insults their religion or customs and/or causes communal discord.

K. Misinformation and Fake news

Be truthful and verify information.

Do not knowingly post or share information, which is unverified or false or misleading, but may be perceived as factual. We have a zero-tolerance policy for morphed or manipulated media, including photoshopped pictures or doctored videos. We do not condone content which may affect citizen-centric processes. You must, to the extent possible, make sure that the content that you post on vyomapp is authentic and from a reliable and verifiable source.

L. Spamming, Scamming and Phishing

Don’t use vyomapp to spam or scam others.

Do not use this platform to manipulate others or to negatively affect their experience on the platform. Do not message other users in bulk from multiple accounts for the purpose of amplifying content or disrupting conversations. Do not use this platform to control prices or to publish information intended to manipulate other users for your own financial gain. Users are also prohibited from trying to deceive others whether on this platform or not, by sharing patently false and untrue information, luring other persons to share sensitive information or requiring them to engage in any other activities which with the intention of misleading or harassing users for financial gain or causing them any other harm.

M. Intellectual Property Infringement

Respect the intellectual property of others.

VyomApp believes in respecting intellectual property. You must not post content in respect of which others have a patent, copyright (including text, images, music or videos) or a trademark (such as in relation to a brand or a logo that you do not own) or any other proprietary rights, as this may result in infringement of their rights.

N. Malicious Programmes

Don’t share malicious programs.

Do not post or share any content on the platform which contains any viruses,malicious programs, or any other computer code, file or program which could cause disruption, inconvenience, harm or loss to other users on the platform, or which is designed to interrupt, destroy or limit the functionality of the platform.

Keeping these principles in mind while undertaking any interactions of the platform (including posting content or sending messages to other people) would go a long way in making the experience you and our larger society of users have on vyomapp safer and more enjoyable.

Billing and Payment Information

1.Prepayment.

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

2.Autorenewal.

Unless otherwise provided, you agree that until and unless you notify vyomapp of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

3.Taxes.

Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to vyomapp invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

4.Fraud.

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. vyomapp may report any such misuse or fraudulent use, as determined in vyomapp sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

5.InvoiceDisputes.

You have ninety (90) days to dispute any charge or payment processed by VyomApp. If you have any questions concerning a charge on your account, our billing department directly for assistance.

 

PERMISSIONS YOU GIVE TO US

You accept these Terms and give us certain permissions so that we can serve you better. Permissions you have granted us are:

    Automatic Downloads and Updates

We are constantly updating our Platform and Services offered. To use our Platform, you may need to download the vyomapp mobile application to your mobile device and update it from time to time.

Applications and software are constantly updated for your use and you will need to install the latest version of the vyomapp mobile application to your mobile device each time such update is generated.

    Permission to Use Cookies

We may use cookies, pixel tags, web beacons, mobile device IDs, flash cookies and similar files or technologies to collect and store information with respect to your use of the Services and third-party websites. Please see the vyomapp Cookie Policy for more information regarding the use of cookies and other technologies described in this section, including regarding your choices relating to such technologies.

All websites use cookies and store them on your web browser so that usage information can be stored and logged in your browser.

    Data Retention

We shall have the right to retain certain information regarding your usage of the Platform. Please view the vyomapp Privacy Policy for further information relating to the collection, storage and use of your information by us.

You grant us the right to store and retain information relating to you and provided by you. Please see the Privacy Policy for further information.

OUR AGREEMENT AND WHAT HAPPENS IF WE DISAGREE

    Who Has Rights Under These Terms

The rights and obligations under these terms are granted only to you and shall not be assigned to any third party without our consent. However, we are permitted to assign our rights and obligations under these Terms to others. This can happen when, for example, we enter into a merger with another company and create a new company.

    How We Will Handle Disputes

In all cases, you agree that disputes will be subject to the laws of the Republic of India and the courts of Kanina shall have exclusive jurisdiction over all such disputes.

    Grievance Officer

We have a Grievance Officer to address your concerns regarding data safety, privacy, and Platform usage concerns. We will resolve the issues raised by you within 30 (thirty) days from receiving them. You may contact the Grievance Officer at the following Email:

Email: policy@ vyomapp.com

We have created a method for you to get in touch with us and for us to address your concerns.

LIMITATION OF LIABILITY

We do not assume any liability with respect to any loss or damage, arising directly or indirectly due to any inaccuracy or incompleteness of any information or a breach of any warranty or guaranty due to the actions of any user of the Platform.

The Platform and Services, are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors.

In no event shall we, or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable for any special, incidental, punitive, direct, indirect or consequential damages suffered as a consequence of a breach of the Terms by another user or arising out of the use of or the reliance on any of the Services or the Platform.

In the event any exclusion contained herein is held to be invalid for any reason and we or any of our affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability shall be limited to not exceeding the charges or amounts paid to us for use of the Platform or the Services in the month preceding the date of the claim.

Other

• Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding VyomApp and our Services, and supersede any prior agreements.
• We reserve the right to designate in the future that certain of our Services are governed by separate terms (where, as applicable, you may separately consent).
• Our Services are not intended for distribution to or use in any country or territory where such distribution or use would violate local law or would subject us to any regulations in another country or territory. We reserve the right to limit our Services in any country or territory.
• Any amendment to or waiver of our Terms proposed by you requires our express consent.
• We are constantly working to improve our Services and develop new features to make our products even better for you and our community. Therefore, we may need to update these Terms from time to time to reflect our Services and practices correctly. We will only make changes if the provisions are no longer appropriate or incomplete. Unless otherwise required by law, we will provide you at least 30 days' advance notice of changes to our Terms (e.g., by e-mail or through the Services), which will give you the opportunity to review the revised Terms before they become effective, and we will ensure that any such changes are reasonable for you, taking into consideration your interests. We will also update the "Effective Date" at the top of our Terms. Changes to these Terms shall become effective no sooner than 30 days after we provide notice of planned changes. We hope you will continue using our Services, but if you do not agree to our Terms, as amended, you must stop using our Services by deleting your account.
• All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise. In the event of such an assignment, we will only transfer your information in compliance with applicable laws, and ask for your consent where required; these Terms will continue to govern your relationship with such third-party. We hope you will continue using VyomApp, but if you do not agree to such an assignment, you must stop using our Services by deleting your account after having been notified about the assignment.
• You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
• Nothing in our Terms will prevent us from complying with the law.
• Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
• If we fail to enforce any of our Terms, it will not be considered a waiver.
• If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed amended to the minimum extent necessary to make it enforceable, and if it cannot be made enforceable, then it shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.
• We reserve all rights not expressly granted by us to you. Our Terms are not intended to limit the consumer legal rights that may not be waived by contract. You may also have legal rights as a data subject, and our Terms are not intended to limit such rights that may not be waived by contract.
• We always appreciate your feedback or other suggestions about VyomApp and our Services, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any restriction or obligation to compensate you for them.