TERMS OF SERVICE AND USE

IMPORTANT - USE OF APPLICATION SOFTWARE IS SUBJECT TO LICENSE RESTRICTIONS.

NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. THIS LICENSE IS A LEGAL "AGREEMENT" CONCERNING THE USE OF SOFTWARE BETWEEN YOU, THE END USER, EITHER INDIVIDUALLY OR AS AN AUTHORIZED REPRESENTATIVE OF THE COMPANY OBTAINING THE LICENSE, AND INAVIT DIGITAL PVT LTD.. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATION ON: USE, TRANSFERABILITY, WARRANTY AND LIABILITY. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (E.G. CD or USB Drive) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE (C) OTHER TERMS OF REFUND HAVE NOT BEEN STIPULATED WHILE PURCHASING.

1. DEFINITIONS. "Software" means (a) all of the content of the files, disk(s), CD-ROM(s), flash drivers, other storage devices, files downloaded via the internet, or other media with which this agreement is provided, including but not limited to (i) INAVIT DIGITAL PVT LTD., Inc. or third party information or software; (ii) digital images or analog images or video, stock photographs, clip art, sounds or other artistic works ("Stock Files"); (iii) related explanatory written materials or files ("Documentation"); and (b) modified versions, updates, additions, and copies of the Software, if any, licensed to you by INAVIT DIGITAL PVT LTD.

"Use" or "Using" means to access, install, download or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by INAVIT DIGITAL PVT LTD., "Device" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.

2. "INAVIT DIGITAL PVT LTD." means a company, duly organized and validly existing under the laws of India, named as INAVIT DIGITAL PVT LTD. and having its registered office at Plot No. 582, Sector 14, Sonepat, Haryana-131001, India . As long as you comply with the terms of this End User License Agreement (the "Agreement"), INAVIT DIGITAL PVT LTD. grants to you a non-exclusive license to Use the Software for the purposes described in Documentation. Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in a "About". By using the Software you are, without further act, bound by all such materials.

This Privacy Policy describes the policies and procedures of Inavit Digital Pvt. Ltd., a company incorporated under the Companies Act, 1956 (“We” or “Our” or “Us” or “Company”) on the collection, use and disclosure of Your personal information collected through Our technology which may be embedded in the software of the App developed by us which enables advertisements (“Ads”) to be displayed on an electronic instruments (such as mobile phone, laptop, ipad, tablet etc.) once App been downloaded and installed on the same.

You

This policy is applicable and binding on You, (if registering as an individual) or the entity You represent (if registering as a business) through any agreement that references this policy as part of its terms and conditions.

Please note that We reserve the right to review and update this Privacy Policy from time-to-time by posting a prominent notice on the homepage of Our website (“Site”) stating that the Privacy Policy has been changed and updating the effective date of this Privacy Policy. If We make any material changes, We will notify You by means of a notice on this Site prior to the change becoming effective 2.1 General Use. You may install and Use a copy of the Software on your compatible Mobile device, up to the Permitted Number of Devices;

2.1 Links. The Software contains links to other Web, RTSP, MMS, RSS and other sites operated by third parties. INAVIT DIGITAL PVT LTD. is not responsible for the content or the privacy practices of those third party sites. INAVIT DIGITAL PVT LTD. makes no warranty or representation regarding, and accepts no responsibility for the content, quality, nature or reliability of third-party sites or services accessible by hyperlink from the Software. INAVIT DIGITAL PVT LTD. provides these links for your convenience only and INAVIT DIGITAL PVT LTD. does not control such Web sites. INAVIT DIGITAL PVT LTD.’S inclusion of links to such sites does not imply any endorsement of the materials on such third party sites or any association with their operators. It is your responsibility to review the privacy policies and terms of use of any other Web site you visit.

2.2. You are responsible for any additional data transmission charges that may apply; an unlimited data plan is recommended. In-order to monitor and improve the services quality, anonymous application usage statistics may be transmitted and retained by INAVIT DIGITAL PVT LTD., and shared with other third party partners and your network service provider. This information is subjected to INAVIT DIGITAL PVT LTD. terms of use and privacy policies and will not be used by anyone to personally identify or contact you.

2.3. Submissions. You agree that any materials, including but not limited to text messages, suggestions, notes, drawings, ideas, questions, original or creative materials, plans, comments or other information, provided by you in the form of e-mail or other submissions to INAVIT DIGITAL PVT LTD. are non-confidential and you grant to INAVIT DIGITAL PVT LTD. a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub licensable right to use, adapt, reproduce, modify, translate, publish, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in INAVIT DIGITAL PVT LTD. sole discretion and without compensation to you. You also grant to INAVIT DIGITAL PVT LTD. the right to use your name in connection with the submitted materials and other information as well as in connection with all marketing, advertising and promotional material related thereto. INAVIT DIGITAL PVT LTD. has no obligation to use any submitted materials and may remove any such materials in its sole discretion.

2.4. Contacting INAVIT DIGITAL PVT LTD. All the information contained in the messages sent to you by INAVIT DIGITAL PVT LTD. representatives or authorized partners of INAVIT DIGITAL PVT LTD. is the property of INAVIT DIGITAL PVT LTD. and may not be published or shared in any way without the permission of the company.

We adhere to the following principles to protect privacy of the user of App (“User”):

(a) We do not rent or sell any personally identifiable information to third parties for any purposes.

(b) Any and all personally identifiable information will be secured with industry standard protocols and technology.

This Privacy Policy addresses the following:

  1. Data Collection & Use
  2. Protected Information & Prohibitions
  3. Permitted Disclosures of Adverting Data
  4. Advertisements
  5. Business Transfers
  6. Sharing of Information
  7. Your Consent
  8. Service Providers
  9. Developer Privacy Policy and End User Notice
  10. Publicity and Confidentiality
  11. Legal Requirements
  12. Date Retention
  13. Miscellaneous

14. Definitions

"Advertising Data" means all data and information related to Our performance under this Policy, or original agreement or otherwise related to Our providing You with Ads, including but not limited to Ad Response and Ad Performance Data, but excluding Publisher Data and Program Data.

"Ad Performance Data" means all information related to the delivery of Ads (e.g., number of Ads served, impressions, clicks, conversions, header information, advertising fee rates, video play duration, video un-mutes, viewing location, and other delivery-specific metrics).

"Ad Response" means all information related to any response (or non-response) We provide to an Ad Request (e.g., Ad creative, Ad destination URLs, Ad subject matter (including Advertiser, Advertiser category brand, product and product category), Ad descriptions, and Ad targeting information).

"Aggregated" where used with respect to Our data, means a manner or form in which Our data is combined with data from numerous campaigns of numerous Advertisers and precludes identification, directly or indirectly, of any particular Advertiser, brand, product or end user; and where used with respect to Your data, means a manner or form in which Your data is combined with data from numerous mobile properties and precludes identification, directly or indirectly, of any particular technology.

"Anonymous" where used with respect to data, means in a manner or form that does not identify or permit identification, association, or correlation of, or with (a) Us or Our brands or products, (b) any of Our affiliates or their brands or products, (c) any Advertiser or their brands or products, (d) Our integration platform or (e) the program, and where used with respect to Your data, means in a manner or form that does not identify or permit identification, association, or correlation of, or with You, or any of Your Mobile Properties, brands or products.

"End User Data or Consumer Data" means information collected from any end user of the Technology that will be (a) disclosed or be used in connection with the Program, or (b) that may be collected by You, Us, or any Advertiser as a result of any Ads we provide to You.

“PII" (personal identifiable information) means data which, alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, can be used to identify, contact, or precisely locate a natural person or the device, including the person’s name, initials, date of birth, address, telephone number, e-mail address, financial account number, or government-issued identifier.

"Program Data" means any data regarding Your Mobile Properties sent as part of Your Program Application (e.g., app category).

"Publisher Data" means Your pre-existing data that You provide to us for a given impression, including Your Ad Requests.

3. Collection & Use of Data

3.1 We or a third party will collect, amass and compile Advertising Data, PII and End User Data. In pursuance of the same, You are to follow the procedure as stipulated in Article 8 hereof. The combination of Advertising Data, PII and End User Data may herein be collectively referred to as “Data”.

3.2 We, or a Third Party will use such Data pursuance and growth of Our business activities, in compliance with all applicable laws, regulations, and industry standards (including, any applicable privacy and security laws, regulations).

3.3 Explanatory Note:

We may use data in aggregate form, that is, as a statistical measure, but not in a manner that would identify the User personally. This type of aggregate data enables Us and third parties authorized by Us to figure out how often individuals use parts of Our Technology so that We can analyze and improve them.

When the User interacts with Us through the Technology, We receive and store certain additional information. Such information, which is collected passively using various technologies, may not presently be used to specifically identify the User. Examples include IP addresses, browser types, domain names, and other anonymous statistical data involving the use of Technology by the User.

You, hereby, accord Your consent to the collection, transfer, sharing handling, management, storage, disclosure and other uses of the information of the User by Us as described hereinabove.

4. Permitted Disclosure of Advertising Data

4.1 We may disclose Advertising Data in the following situations:

i. to our employees and affiliates who need to know such information solely to facilitate delivery of campaigns under Your original agreement;

ii. on an Aggregated and Anonymous basis solely for reporting or marketing purposes; and

iii. to the extent required to comply with a court order, law, or direction by a governmental or regulatory agency, provided that You first provide prior written notice to us of such anticipated disclosure and the opportunity for us to object to such disclosure or to seek confidential treatment of such Advertising Data.

5. Advertisements

5.1 [Inavit Digital ] does not control, endorse or adopt any Advertisements and makes no representation or warranties of any kind regarding the content of the Advertisements, including, without limitation, regarding the accuracy, completeness or decency of any Advertisement. We are not responsible or liable in any manner for any Advertisements and undertake no responsibility to update or review any Advertisements.

5.2 Third - Party Tracking

We use third-party service providers to serve advertisements on across the Internet. These service providers collect IP address and non-personally identifiable or de-identified information of the User about his visits to the various websites in order to serve ads while the User are visiting such web sites. Such non-personally identifiable information is anonymous or de-identified and does not reflect the name, address, e-mail address or other personal information of the User; however the IP address of the User may be collected by such Technology and services. This anonymous or de-identified information is often collected through the use of a web beacon, which is industry-standard technology used by most major websites.

We, hereby, accord Your consent to the collection, transfer, sharing handling, management, storage, disclosure and other uses of the information of the User by Us/third parties as described hereinabove.

6. Business Transfers

We might inter alia sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, PII may be part of the transferred assets. You will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of personal information of the Users.

You, hereby, accord Your consent to the collection, transfer, sharing handling, management, storage, disclosure and other uses of the information of the User by Us/third parties as described herein.

7. Sharing of Information

We will share personal information of the Users with third parties only in the ways that are described in this privacy policy.

8. Your Consent

You, hereby, accord Your consent to the collection, transfer, sharing handling, management, storage, disclosure and other uses of the information of the User by Us/third parties as described herein.

9 Service Providers

We, like many businesses, sometimes hire other companies ("Service Providers") to perform certain business-related functions. Examples include mailing information, maintaining databases, and hosting services. When We employ a Service Provider to perform a function of this nature, We provide it with the information that it needs to perform its specific function, which may include PII and other information of the Users collected by Us through the Technology.

All information that We provide to a Service Provider will be governed by such Service Provider's privacy policies.

10. Developer Privacy Policy and End User Notice.

10.1 Either:

i. prior to allowing End Users to install the Application (in the Application description);

ii. at the time data is first collected from a End User; or

iii. when Application is opened for the first time,

We will:

i. provide End Users with clear, meaningful, and prominent notice of a legally sufficient privacy policy that describes how we collect, use and disclose information that is collected from End Users’ mobile devices through the Application (“End User Data”);

ii. disclose that the Application is ad-supported; and

iii. disclose Your relationship with [Ad Provider]

11. Legal Requirements

We may disclose PII of the Users if required to do so by law or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect and defend Our rights or property, (c) act in urgent circumstances to protect the personal safety of Users or the public, or (d) protect against any legal liability. Moreover, You hereby consent to disclosure of any record or communication to any third party including the Government authorities in accordance with the applicable laws.

12. Data Retention

12.1 We will retain personal data and the data We process on behalf of Users for as long as needed in order to provide Our services and as required by the applicable laws.

13 MISCELLANEOUS

13.1 Other Websites:

The Technology may contain links to third-party owned and/or operated websites. We are not responsible for the privacy practices or the content of such websites.

13.2 Security

We employ reasonable technical, administrative and physical safeguards to protect the confidentiality and security of personal information of the Users. We use industry-recognized technical safeguards, such as firewalls, and have adopted and implemented security procedures to protect information of Users from loss, misuse or unauthorized alteration. Notwithstanding Our efforts, We cannot guarantee absolute or unqualified protection of such information given the open nature and resulting instability of the Internet and World Wide Web, and We make no representations or warranties as to the effectiveness of our security and assume no liability for security breaches.

13.3. INTELLECTUAL PROPERTY RIGHTS. The Software and any copies that you are authorized by INAVIT DIGITAL PVT LTD. to make are the intellectual property of and are owned by INAVIT DIGITAL PVT LTD. . The structure, organization and code of the Software are the valuable trade secrets and confidential information of INAVIT DIGITAL PVT LTD.. The Software is protected by copyright, including without limitation by Indian Copyright Law, international treaties provisions and applicable laws in the country in which it is being used. You may not copy the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.

13.4. NO WARRANTY. The Software is being delivered to you "AS IS" and INAVIT DIGITAL PVT LTD. makes no warranty as to its use or performance. INAVIT DIGITAL PVT LTD. AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE IN YOUR JURISDICTION, INAVIT DIGITAL PVT LTD.. AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

13.5. LIMITATION OF LIABILITY. IN NO EVENT WILL INAVIT DIGITAL PVT LTD.. OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, DIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF INAVIT DIGITAL PVT LTD. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. INAVIT DIGITAL PVT LTD. AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. INAVIT DIGITAL PVT LTD. is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.

13.6. LIFE ENDANGERING ACTIVITIES. NEITHER INAVIT DIGITAL PVT LTD. NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES RESULTING FROM OR IN CONNECTION WITH THE USE OF SOFTWARE IN ANY APPLICATION WHERE THE FAILURE OR INACCURACY OF THE SOFTWARE MIGHT RESULT IN DEATH OR PERSONAL INJURY. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS INAVIT DIGITAL PVT LTD.. AND ITS SUPPLIERS FROM ANY CLAIMS, LOSS, COST, DAMAGE, EXPENSE, OR LIABILITY, INCLUDING ATTORNEYS' FEES AND AMOUNTS PAID IN SETTLEMENT, ARISING OUT OF OR IN CONNECTION WITH SUCH USE.

13.7. BY USING THE SOFTWARE, YOU AGREE THAT THE COMPANY MAY COLLECT, USE AND SHARE ANY AND ALL INFORMATION ABOUT YOUR USE OF THE SOFTWARE. The Company shall have the right to use such information for billing, maintenance, troubleshooting, marketing and other similar purposes.

13.8. GENERAL PROVISIONS. This Agreement contains the entire understanding between the parties relating to its subject matter and supersedes all prior or contemporaneous agreements, including but not limited to any purchase order terms and conditions, except valid license agreements related to the subject matter of this Agreement.

By using all or any portion of the software or accessing all or any portion of the service you accept all the terms and conditions of this Agreement. By clicking "I agree" where indicated below you enter into a legally binding contract between you and INAVIT DIGITAL PVT LTD. and agree to be legally bound by all of the terms and conditions of this agreement. INAVIT DIGITAL PVT LTD. may, in its sole discretion, modify or revise this Agreement at any time, and you agree to be bound by such modifications or revisions, you should periodically review the most up-to-date version

This Agreement construed and governed under the laws of India.

Consent to Jurisdiction and Venue: The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated through any court of competent jurisdiction in India. COMPLIANCE WITH LICENSES. If you are a business or organization, you agree that upon request of INAVIT DIGITAL PVT LTD. or INAVIT DIGITAL PVT LTD.’s authorized agent, you will within thirty (30) days fully document and certify that Use of any and all INAVIT DIGITAL PVT LTD. 's Software at the time of the request is in conformity with your valid license obtained from INAVIT DIGITAL PVT LTD..

14. If you have any questions regarding this agreement or if you wish to request any information from INAVIT DIGITAL PVT LTD. please use the address and the contact information included in this product to contact INAVIT DIGITAL PVT LTD.