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TERMS OF SERVICE & PRIVACY POLICY

Last modified: OCTOBER 20, 2021

TERMS OF SERVICE

AKROVISION PRIVATE LIMITED ("FYLEX," "our," "we," or "us") provides the Services to you under this Terms of Service and Privacy Policy.

You agree that by accessing the Application, you have read, understood, and agree to be bound by all of these TERMS OF SERVICE and PRIVACY POLICY.

  • FYLEX is committed to strong privacy and security principles.

  • To make our service safe and secure, we take appropriate actions against people who violate our terms and misuse our service. If needed we have complete control to terminate such people or activity and contacting law enforcements.

  • In order to operate efficiently, we need to store information in data centers around the world, they can be outside your country or residence. It is an essential requirement to operate our service. The infrastructure may be owned or operated by our service providers including affiliated companies.

  • To register to our services, you must provide accurate information with current mobile phone number with country code. You agree to receive text messages from us or our service providers during the upgrade of our application.

  • You must be at least 13 years old to register for our services (or such greater age required in your country or territory for you to be authorized to register for and use our Services without parental approval). If you are below the minimum required age, your parent or guardian must agree to our terms on your behalf.

  • Certain Devices, software and data connections are required to use our services. You agree to manually or automatically download and install updates to our services. You also agree to our sending you notifications via our Services from time to time, as necessary to provide our Services to you.

  • You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.

  • FYLEX respects your privacy. FYLEX'S Privacy Policy describes our data (including ) 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.

terms

Use of our Services

  • You must use our services according to the terms and service and posted policies. We have complete right to take actions against any kind of violation. We may suspend or disable your account. If we do, you agree not to create another account without our permission.

  • You must not use our services in a manner that violates, infringes the rights of FYLEX, our users or others, including privacy, publicity, intellectual property or other proprietary rights. Use of our services of illegal, obscene, defamatory, threatening, intimidating, harassing, impersonating purposes is strictly prohibited.

  • You must not (or assist others to) directly, indirectly, through automated or other means, access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, confidentiality, integrity, availability, or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services or data obtained from us or our Services in an unauthorized manner; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner; or (j) misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.

  • You are solely responsible for the security and safety of your device and account. You may notify us in case of any unauthorized use or security breach.

  • FYLEX does not claim ownership of the information that you submit for your FYLEX account or through our Services. You must have the necessary rights to such information that you submit for your FYLEX account or through our Services and the right to grant the rights and licenses in our Terms.

  • The feature provided in our service enables you to manipulate your current location. There may be some cases where you may want to use it. FYLEX only suggests you to use it for a good cause. FYLEX is not responsible for any consequences from this feature. You are solely responsible for the consequences upon the use of this feature.

  • In order to operate and provide our Services, you grant FYLEX a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services

  • We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Third-Party Copyright, Trademark, And Other Intellectual Property Infringement

  • You must use our services according to the terms and service and posted policies. We have complete right to take actions against any kind of violation. We may suspend or disable your account. If we do, you agree not to create another account without our permission.

  • You must not use our services in a manner that violates, infringes the rights of FYLEX, our users or others, including privacy, publicity, intellectual property or other proprietary rights. Use of our services of illegal, obscene, defamatory, threatening, intimidating, harassing, impersonating purposes is strictly prohibited.

  • You must not (or assist others to) directly, indirectly, through automated or other means, access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, confidentiality, integrity, availability, or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services or data obtained from us or our Services in an unauthorized manner; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner; or (j) misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.

  • You are solely responsible for the security and safety of your device and account. You may notify us in case of any unauthorized use or security breach.

  • FYLEX does not claim ownership of the information that you submit for your FYLEX account or through our Services. You must have the necessary rights to such information that you submit for your FYLEX account or through our Services and the right to grant the rights and licenses in our Terms.

  • The feature provided in our service enables you to manipulate your current location. There may be some cases where you may want to use it. FYLEX only suggests you to use it for a good cause. FYLEX is not responsible for any consequences from this feature. You are solely responsible for the consequences upon the use of this feature.

  • In order to operate and provide our Services, you grant FYLEX a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services

  • We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Disclaimers And Release

  • YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD-PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “FYLEX PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, DISPUTE, OR DAMAGES (TOGETHER, “CLAIM”), KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD-PARTIES. YOUR RIGHTS WITH RESPECT TO THE FYLEX PARTIES ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OR TERRITORY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT.

Limitation Of Liability

  • THE FYLEX PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES (HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE), EVEN IF THE FYLEX PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF FIVE HUNDRED INDIAN RUPEES (INR500) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE FYLEX PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

  • If anyone brings a claim ("Third-Party Claim") against us related to your actions, information, or content on FYLEX, or any other use of our Services by you, you will, to the maximum extent permitted by applicable law, indemnify, and hold the FYLEX Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information and content provided in connection therewith; (b) your breach of our Terms or applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any Third-Party Claim. Your rights with respect to FYLEX are not modified by the foregoing indemnification if the laws of your country or territory of residence, applicable as a result of your use of our Services, do not permit it.

Dispute Resolution

  • Forum And Venue. If you are a FYLEX user,  you agree that any claim or cause of action you have against FYLEX relating to, arising out of, or in any way in connection with our Terms or our Services, and for any claim or cause of action that FYLEX files against you, you and FYLEX agree that any such claim or cause of action (each, a “Dispute,” and together, “Disputes”) will be resolved exclusively in the jurisdiction of Bilaspur,CG, INDIA, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or cause of action, and the laws of INDIA will govern any such claim or cause of action without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in our sole discretion, we may elect to resolve any Dispute we have with you that is not subject to arbitration in any competent court in the country in which you reside that has jurisdiction over the Dispute.

  • Governing Law. The laws of INDIA govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between FYLEX and you, without regard to conflict of law provisions.

  • Time Limit To Bring A Claim Or Dispute. THESE TERMS ALSO LIMIT THE TIME YOU HAVE TO BRING A CLAIM OR DISPUTE, INCLUDING THE TIME TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION OR SMALL CLAIMS PROCEEDING TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. We and you agree that for any Dispute, we and you must bring Claims (including commencing an arbitration proceeding) within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not bring a Claim (including commencing an arbitration) within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.

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. 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 FYLEX user, you can terminate your relationship with FYLEX anytime for any reason by deleting your account.

  • We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. We may also disable or delete your account if it does not become active after account registration or if it remains inactive for an extended period of time. The following provisions will survive any termination of your relationship with FYLEX: "Licenses," "Disclaimers And Release," "Limitation Of Liability," "Indemnification," "Dispute Resolution," "Availability And Termination Of Our Services," "Other".

Other

  • Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding FYLEX 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.

  • We may amend or update these Terms. We will provide you notice of material amendments to our Terms, as appropriate, and update the "Last modified" date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. 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, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third-party. We hope you will continue using our Services, but if you do not agree to such an assignment, you must stop using our Services by deleting your account after having been notified of 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. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.

  • We always appreciate your feedback or other suggestions about FYLEX 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.

privacy policy

PRIVACY POLICY

  • Privacy Policy ("Privacy Policy") gives an idea about our data practices, including the information we process to provide our Services. Privacy Policy applies to all of our services unless specified otherwise.

  • FYLEX was built for the betterment of the people, FYLEX has strong respect for its user’s privacy.

 

Information collected by us

  • We need some information in order to operate and provide a seamless and efficient user experience. The type of information stored completely depends on your usage of our services. Without the information, we cannot provide service to you. For instance, in order to create an account, you need to provide your mobile phone number. Also, To share your location among the family members, we need to collect your location.

  • Our Services have optional features which, if used by you, require us to collect additional information to provide such features. If you choose not to provide the information needed to use a feature, you will be unable to use the feature. For instance, to add your profile picture, we need to collect your image.

Required Information

  • Account Information: Mobile phone number to create your account.

  • Location: We collect and use precise location information from your device with your permission when you choose to use location-related features, like when you decide to share your location with your family. There are certain settings relating to location-related information which you can find in your device settings or the in-app settings, such as location sharing.

Third-Party Service Providers.

  • We work with third-party services or service providers and other Companies to help us operate, provide, improve, understand, customize, support, and market our Services.

  • We allow third-party banner ads on our Services to cover expenses.

Information You And We Share

  • Send Your Information to Those with Whom You Choose to Communicate. You share your information (including messages) as you use and communicate through our Services.

  • Information Associated with Your Account. Your phone number, profile name and photo, location information, and message receipts are available only to your family members who use our Services.

Assignment, Change Of Control, And Transfer

  • In the event that we are involved in a merger, acquisition, restructuring, bankruptcy, or sale of all or some of our assets, we will share your information with the successor entities or new owners in connection with the transaction in accordance with applicable data protection laws.

 

Updates To Our Policy

  • We may amend or update our Privacy Policy. We will provide you notice of amendments to this Privacy Policy, as appropriate, and update the “Last modified” date at the top of this Privacy Policy. Please review our Privacy Policy from time to time.

Contact Us

If you have questions or issues about our Privacy Policy, please contact us.

AKROVISION PVT LTD
SHANTI NAGAR, RING ROAD NO-2,
NEAR NEW LIFE HOSPITAL,
BILASPUR,CHHATTISGARH,
INDIA,PIN-495001

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