GUARDIANS TERMS OF SERVICE

Effective date: 10 December 2020

 

These Terms of Service is a legal agreement between Truecaller International LLP (“Company” or “we” or “our” or “us”), and you (“Users” or “You” or “Your”). 

By using the Guardians app (“app”) You can appoint and authorise trusted members of Your family, friends or society to watch over Your location and use features to alert them and the authorities if You are in any distress or feel unsafe. Such trusted members appointed by you are termed as ‘guardians’. For the purpose of clarity, the term “User” shall include ‘guardians’. The app sends out a message to Your appointed guardians along with Your real-time location. You understand that subject to the settings of Your mobile phone and the app, the guardians have the ability to watch and follow your location.

   

These Terms of Service and the Company Privacy Policy (the “Terms”) will govern Your use of app, related websites, or other services and features provided through the app (collectively “Services”). By accessing or using any of the Services, You agree to be bound by these Terms. Where other third party services are made available as part of our Services, then the respective third party terms of service, license terms, and privacy policy shall apply to any such use by You.

Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into these Terms.

1. PERSONAL INFORMATION


We are firmly committed to the security and protection of personal information of our Users and the Services. The Company Privacy Policy describes how we collect, use, share and process personal information and You acknowledge and agree that We may collect, use, share and process personal information as described therein.

2. GRANT OF RIGHTS


Except as otherwise agreed separately in writing between us and subject to Your compliance with these Terms at all times, Company grants You a personal, non-exclusive, non-transferable and limited right to use the Services for Your own personal, non-commercial use. You are not allowed to use the Services on any device that You do not own or control. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Company software applications, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent expressly permitted by these Terms or may be permitted by the licensing terms governing use of any open source components included in the Company software applications).

You are not granted any right to use Company’s name, trademarks or other commercial symbols. All rights not expressly granted to You under these Terms shall be retained by the Company.

3. SUPPORT


Company strives to provide an adequate and efficient technical support, upgrades and updates for the Services. Company shall, however, not be under any obligation to provide support or maintenance for the Services under these Terms and reserves the right to limit or discontinue the support, upgrades and updates provided from time to time.

4. USER OBLIGATIONS AND RESTRICTIONS


You guarantee that any information and other content, such as Your profile information, year of birth, and information regarding Your device, location and information relating to the members appointed by You as guardians on the app, that You may share with Company as a User of the Services (together “Content”), to the best of Your knowledge, is correct, not in violation of applicable law, will not corrupt or disrupt the Services, and that you have the right to share the Content with Company in order for Company to provide the Services and share the Content with other Users or appointed guardians subject to your explicit consent.

Except as otherwise agreed separately in writing between us, You shall not make any commercial use of the Services or the Content or otherwise transfer for value the Services or the Content. You agree not to challenge Company's rights in, or otherwise attempt to assert any rights in, the Services or any Content provided by other Users, except those rights explicitly granted under these Terms. You agree to use the Services and Content only as expressly permitted under these Terms.

You agree not to use the Services, Content or information to attempt to circumvent the regular operation of the Services, including creation of multiple accounts, redirecting traffic, following other fraudulent or deceptive practices, creating a parallel repository thereof, or seeking to by-pass the Services or compete with us.

Scraping of any information contained in the Services or the app, by use of automated systems or software to extract data, including any Content and any third party information accessible via the Services, is strictly prohibited and in breach of applicable laws.

You may not use the Services or the Content in any way, which is illegal, harmful, or may be considered offensive by the Company, other users or third parties. You agree not to exploit the Services or the Content in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity. You further agree not to use our Services or Content in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and You acknowledge and agree that Company is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Services. Notwithstanding any other remedies available to the Company, You agree that Company may suspend or terminate Your use of the Services without notice if You use the Services or the Content in any prohibited manner, and that such use will be deemed a material breach of these Terms.

You may not use or otherwise export or re-export the Services except as authorized by the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Services may not be exported, re-exported or otherwise made available (a) into any country or region embargoed by the U.S. Government, or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list.

You may contact the Company support@getguardians.com to report any violation or infringement of Your rights by Users of the Services.

5. PROPRIETARY RIGHTS


The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Company and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Services subject to these Terms and no intellectual property rights are or will deemed to be transferred or licensed to You except as contemplated herein.

6. CONTENT


You are solely liable for any content that You post or communicate directly in or on the Services and You agree to only post or communicate content that:

  • is true and not false or misleading;

  • is not likely to be deemed threatening, disparaging, defamatory, pornographic, racially or ethnically offensive, discriminatory, insulting, slanderous or otherwise illegal or inappropriate;

  • belongs to You, or which You have a right to distribute;

  • does not constitute an infringement of the intellectual property or privacy rights of any third party;

  • does not constitute information that you are not legally entitled to distribute (such as insider information or confidential information);

  • does not contain any unsolicited or unauthorised advertising, promotional material, “junk mail”, “spam”, or any other form of solicitation;

  • does not contain software virus or any other technology that may harm the Services, or the interests or property of our Services or the other Users of the Services; and

  • is accurate, fair, and is not disparaging of us, the Services or other Users. Further, You agree to be fair, accurate and non-disparaging while reporting any other User, leaving comments, suggestions, feedback, testimonials and reviews on or about the Services.
     

Company appreciates the opportunity to be notified of any objectionable content posted or communicated by a User directly in or on the Services. Please contact us at support@getguardians.com to report any such objectionable content. Company hereby reserves the right in its absolute discretion to remove any user generated content from the Services.

The Services and any contents of this app, including without limitation, all data, information, text, graphics, links and other materials are provided as a convenience to Users and are meant to be used for availing Services only. We do not take responsibility for decisions taken by the app user or based solely on the information provided in this app.

7. THIRD PARTY 


The app may be dependent on and/or interoperate with third-party owned and/or operated platforms and services, e.g., Google (Google Maps, etc.) (each, a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access the app. By using the app, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (e.g., Google’s Terms of Use etc.). All third party content, websites and services may be subject to the respective third party terms and conditions and Company will not be liable for any such third party content, websites or services.

8. DISCLAIMER OF WARRANTIES


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SERVICES ARE PROVIDED “AS IS” AND YOU AGREE THAT THE SERVICES ARE USED AT YOUR OWN RISK.

The app expressly disclaims all warranties of any kind, whether express or implied. Further, the app makes no warranty that the app or the content of the app will meet or satisfy Your requirements. The app shall have no responsibility for any damage to Your phone or tablet or loss of data that results from Your use of the app or its content.

At any time and without notice to the User, Company may change or modify the app, or any features or functions thereof, or may suspend or discontinue the app, or stop supporting the app, or any aspect thereof.   Any such termination, change, suspension or discontinuance shall be without liability to the User.

You understand and acknowledge that the Services may be unavailable from time to time in your region or country and that Company will not be liable for Your inability to use the Services for whatever reason.
Company makes no warranty or representation that the Services are available for use in any particular location. To the extent You choose to access and use the Services, You do so at Your own initiative and are responsible for compliance with any applicable laws in connection with such access and use of the Services.

The Services are provided to help with personal safety, but You should always use common sense and seek help when it is needed. The app cannot and does not guarantee that any assigned guardian will respond in a timely manner or at all during emergency, or that the most appropriate guardian will respond. Additionally, assigned guardian may not respond because of local laws, regulations or policies. You should verify that appropriate assigned guardians have been contacted and have all information needed to respond to the emergency situation.


9. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES


Subject to Your device settings, we may provide You with push notifications, alerts and other messages related to the app and Services, such as enhancements, products, events and app promotions. If You no longer wish to receive push notifications/alerts from the app, You may opt out by changing Your notification settings on Your device. With respect to other types of messaging or communications, You can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with Your request at support@getguardians.com.

 

The app may allow access to or make available opportunities for You to view certain content and receive Services based on Your location. For more about how the app uses and retains your information, please read the Privacy Policy.

10. INDEMNTY & LIMITATION OF LIABILITY


You agree to hold harmless the Company, and each of its officers, directors, employees and agents from and against any and all claims, actions, demands, liabilities, judgments and settlements, including without limitation, from any direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of this app and Services, including, without limitation, any economic harm, lost profits, damages to business, data or phone systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, phone or tablet failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT COMPANY AND ITS LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, COMPANY SHALL HAVE NO LIABILITY FOR ANY INFORMATION STORED OR PROCESSED WITHIN THE SERVICES, INCLUDING THE COSTS OF RECOVERING SUCH INFORMATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES, IS TO UNINSTALL THE APP AND CEASE TO USE THE SERVICES.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED INR ONE THOUSAND (INR 1000).

COMPANY SHALL NOT BE LIABLE FOR THE VALIDITY, RELIABILITY OR CORRECTNESS OF THE CONTENT AND INFORMATION PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES. ANY USE OF THE CONTENT AND INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK.

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

11. FEES


The Services are available free of any cost to the User. In future, the Company at its sole discretion may decide to charge a nominal fees for the Services that will be notified to You in advance and You will be liable to pay such fees for continued use of Services. You further acknowledge that You are fully responsible for the internet connection and/or mobile charges that You may incur for using our Services. Please consult Your carrier, mobile operator, etc. for further information.

12. TERMINATION


Your right to use the Services continues until these Terms are terminated. Company may terminate the Terms and Your use of the Services at any time. You may terminate the Terms at any time by uninstalling the app and ceasing the use of the Services. These Terms will automatically terminate if You fail to comply with them. Upon any termination, You agree to cease using the Services.

 

Provisions relating to Disclaimer of Warranties, Limitation of Liability, Termination and Governing Law shall survive any termination of these Terms.

13. ASSIGNMENT


Company reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.

14. ADDITIONAL TERMS AND CHANGES


As Company provides global Services, additional Terms of Services may apply to Users in certain jurisdictions and will in such cases be made available in appendices and incorporated hereto.

Company may change the Services at any time, such as by adding or removing features or discontinuing the Services. Company also reserves the right to modify these Terms at any time by providing revised Terms to the User or by publishing the revised Terms within the Services. In case of material changes, the User shall always be notified thereof and provided the option to immediately terminate the Services. The revised Terms shall become effective upon such publishing or notification to the User. Any continued use by You of the Services following publication or notification of revised Terms shall constitute Your acceptance to the revised Terms.

15. GOVERNING LAW
 

These Terms shall be governed and construed in accordance with the laws of India. You agree that any legal action or proceedings may be brought exclusively in the competent courts/tribunals having jurisdiction in New Delhi, India and both Company and You irrevocably submit to the jurisdiction of such courts/tribunals.