Terms and Conditions

Your Agreement to these Terms of Use

YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS (“TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (“END USER, YOUR OR YOU”) AND COMPANY. THE TERMS GOVERNS YOUR USE OF THE SMYLEE PLATFORM. THIS DOCUMENT IS AN ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

“AFFILIATES” AS USED HEREIN MEANS, WITH RESPECT TO COMPANY, AN ENTITY THAT DIRECTLY OR INDIRECTLY CONTROLS, IS CONTROLLED BY OR IS UNDER COMMON CONTROL WITH COMPANY. “CONTROL” FOR THE PURPOSES OF THIS DEFINITION, MEANS DIRECT OR INDIRECT OWNERSHIP OR CONTROL OF MORE THAN 50% OF THE VOTING INTEREST OF AN ENTITY.

“COMPANY, US, OUR OR WE” AS USED HEREIN MEANS LYTESOFT TECHNOLOGIES PVT LTD, HAVING ITS REGISTERED OFFICE AT 24,HARMONY PERL, B/H SUKUN MALL NR. HARIDARSHAN PARK, SOLA, AHMEDABAD, GUJARAT, INDIA 380060. 

“SMYLEE PLATFORM” MEANS AND REFERS TO COMPANY’S PROPRIETARY SOCIAL ENTERTAINMENT PLATFORM (APPLICATION/ SITE/FEATURE OR AS MADE AVAILABLE IN ANY OTHER FORMAT) CALLED ‘SMYLEE’, WHICH ENABLES END-USERS TO EXPLORE, DISCOVER, WATCH, UPLOAD AND SHARE VIDEOS AND OTHER CONTENT INCLUDING USER GENERATED CONTENT COVERING INTERESTING STORIES, HOMEMADE VIDEOS, NEWS, EVENTS, ETC. THE PLATFORM ALSO ENABLES COMPANY’S PARTNERS TO DISPLAY ADVERTISEMENTS, PROMOTIONAL OFFERS AND IS A DISTRIBUTION PLATFORM FOR CONTENT CREATORS.

GIVEN THAT THE SMYLEE PLATFORM IS A SOCIAL ENTERTAINMENT PLATFORM, ANY INFORMATION, MATERIALS AND CONTENT CONTRIBUTED TO THE SMYLEE PLATFORM IS FOR PUBLIC CONSUMPTION (EXCEPT FOR PRIVATE CHAT MESSAGES) AND DEEMED NON-CONFIDENTIAL. WE ENCOURAGE YOU TO EXERCISE CAUTION AND NOT SHARE AND/OR CONTRIBUTE SUCH INFORMATION, CONTENT AND MATERIALS THAT ARE PRIVATE AND/OR CONFIDENTIAL IN NATURE.

THE SMYLEE PLATFORM MAY EITHER BE (I) PRE-LOADED WITHIN YOUR MOBILE, TABLET, WEARABLE AND/OR ANY OTHER SMART DEVICE USED (“DEVICE”); (II) INTEGRATED WITH AN APPLICATION OR WIDGET ON YOUR DEVICE; (III) DOWNLOADED AND INSTALLED BY YOU FROM A THIRD-PARTY APPLICATION STORE; (IV) VIEWED ON THE WEBSITE.

PLEASE CAREFULLY READ THESE TERMS BEFORE DOWNLOADING, SUBSCRIBING TO, ACCESSING OR USING THE SMYLEE PLATFORM.

GENERAL

  • By installing, subscribing to, accessing or using the SMYLEE Platform, You agree to these Terms. If You do not agree to these Terms, You may elect to uninstall or unsubscribe or disable certain features from the SMYLEE Platform and in which case all or some of its features will not be made available to You. The SMYLEE Platform may also fail to operate and provide You with optimum experience.
  • You will have to comply with any software, Device licences and/or terms of use for the use of the third-party application store/platform from which You downloaded SMYLEE Platform or the application/ Device in which SMYLEE Platform is bundled/pre-loaded, as applicable.
  • These Terms incorporate by reference SMYLEE Privacy Policy (“Privacy Policy”) as set out at www.smylee.app/privacy. By using SMYLEE Platform, You agree to be bound by the Privacy Policy.
  • You affirm that You are 13 years of age or above, and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The SMYLEE Platform is not intended for children under 13. If You are under 13 years of age, then please do not use the SMYLEE Platform.
  • You may use the SMYLEE Platform and the Content only in India, where We offer Our service. We make no representation that Content and/or Materials on the SMYLEE Platform are appropriate or available for use in locations outside India or that the SMYLEE Platform complies with any country's privacy laws. Accessing the SMYLEE Platform or Materials from territories where the Content is deemed illegal, is prohibited. If You access the SMYLEE Platform, You do so on Your own initiative and are responsible for compliance with local laws.
  • These Terms apply to all users of the SMYLEE Platform, including users who view and access the Content and also users who are contributors of the Materials. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials You may view on, access through the SMYLEE Platform. This includes message boards, chat, and other original content. “Materials” includes the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials and content that You may contribute in any manner to the SMYLEE Platform. This includes Your contributions to the message boards and chat.

ACKNOWLEDGEMENTS

You agree and acknowledge that:

  • The SMYLEE Platform includes third party Content, advertising information or promotional material (collectively “Third Party Content”) and it is hereby clarified that Company is not responsible or liable for any Third Party Content, the intellectual property and other proprietary rights in the Third Party Content. Company is not responsible for the accuracy of any Content which may be accessed by You or the Materials. Your use of the SMYLEE Platform, the Ad-Content, Materials and the Content, including Your election to view, contribute, interact with or action upon the same is at Your sole risk and discretion.
  • You will need to make Your own independent judgment regarding Your (i) direct interaction with any third-party landing pages/ websites/ applications where Company redirects You; or (ii) Your participation in promotions or interaction with Third Party Content on the SMYLEE Platform. We assume no liability for the same and Your correspondence or business dealings with, or participation in promotions of advertisers found on SMYLEE Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between You and such third party. We urge You to refer and review the terms of use, warranties and license agreements of such third-party promotions, sponsors, advertisers, websites, applications and other landing pages that You interact with.
  • You are responsible for providing, at Your own expense, all equipment and resources necessary to use the SMYLEE Platform and services, including a computer, software, modem, and internet access (including payment of all fees associated with such access). Mobile internet transmissions are never completely private or secure and the transmission of Content, Materials and Your use of the SMYLEE Platform maybe affected, interrupted or disrupted for reasons beyond Company’s reasonable control. Any message or information You send using SMYLEE Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

LICENSE AND CONTENT RESTRICTIONS

LICENSE RESTRICTIONS

Except as expressly set out in these Terms, You agree:

  • Not to copy the SMYLEE Platform (including its specific design, user interface) except where such copying is incidental to normal use of SMYLEE Platform, or where it is necessary for the purpose of back-up or operational security;
  • Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the SMYLEE Platform;
  • Not to make alterations to, or modifications of, the whole or any part of SMYLEE Platform, or permit the SMYLEE Platform or any part of it to be combined with, or become incorporated in, any other programs including any root software;
  • Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the SMYLEE Platform or attempt to do any such thing except to the extent permitted by applicable law solely because it is essential for the purpose of achieving inter-operability of SMYLEE Platform with another software program, and provided that the information obtained by You during such activities:
    • Errors, mistakes, or inaccuracies of content
    • Is not disclosed or communicated without our prior written consent to any third party;
    • Is not used to create any software that is substantially similar to the SMYLEE Platform.
  • Not to provide or otherwise make available the SMYLEE Platform in whole or in part (including object and source code), in any form to any person without prior written consent from us;
  • To comply with all technology control or export laws and regulations that apply to the technologies used or supported by SMYLEE Platform in Your use of the SMYLEE Platform.
  • To not use the SMYLEE Platform in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into SMYLEE Platform or any operating system and shall at all times remain compliant with laws applicable to Your use of SMYLEE Platform;
  • To not infringe our intellectual property rights or those of any third party or any license terms in relation to your use of SMYLEE Platform or any service associated (to the extent that such use is not licensed by these Terms);
  • Not use the SMYLEE Platform in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; and
  • Not collect or harvest any information or data obtained from any SMYLEE Platform or Our systems or attempt to decipher any transmissions to or from the servers running any service for the SMYLEE Platform including attempt to sale, resale, broker, re-broker, reverse-engineer or make derivative works of such data.

CONTENT USE RESTRICTIONS:

The Content is provided to You ‘AS IS’. You may access Content for Your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms. You may not

  • Use Content in an obscene, pornographic, defamatory, disparaging, infringing or other unlawful manner or in violation of any applicable laws, proprietary or privacy rights;
  • Unless expressly permitted pursuant to SMYLEE Platform, use the Content for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose;
  • Share, re-distribute, reproduce, download, sub-license, publish, copy, create derivative works, offer for sale or use the Content and/or Ad-Content displayed on SMYLEE Platform (unless You are specifically permitted to share or copy by way of a ‘Share’ or ‘Copy’ button); and/or
  • Re-order, modify, edit obscure or truncate in anyway the Content, Ad-Content or SMYLEE Platform.

You understand that when using the SMYLEE Platform, You will be exposed to Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto.

YOUR MATERIALS, CONDUCT AND RESPONSIBILITY

  • You shall be solely responsible for Your Materials and the consequences of submitting and publishing Your Materials on the SMYLEE Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Materials that You submit; and You license to Company all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the SMYLEE Platform pursuant to these Terms. You may remove your Materials from the SMYLEE Platform at any time. You must remove Your Materials if You no longer have the rights required by these Terms
  • By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the SMYLEE Platform, You agree that You will not upload, share, post, or otherwise distribute or facilitate distribution of any Materials that:
    • Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another user’s privacy, or is otherwise tortuous or contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Company’s content guidelines, rules or policies;
    • Harms minor in anyway or is grossly harmful, blasphemous; hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling;
    • Victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, disability, or other legally protected basis
    • Belongs to another person and to which the user does not have any right to and/or infringes on any right of publicity, moral right, or other proprietary right of any party;
    • Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
    • Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
    • Impersonates any person or entity, including any of Our employees or representatives or deceives or misleads the addressee about the origin of such Content and/or messages or communicates any information which is grossly offensive or menacing in nature;/li>
    • Threatens the unity, integrity, defence, security or sovereignty of any nation, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
  • You acknowledge that We neither endorse nor assume any liability for the Contents of any Material uploaded or submitted by third party users of the SMYLEE Platform. We have no obligation to pre-screen, monitor, or edit the Content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the SMYLEE Platform. However, We may elect to pre-screen, monitor or edit any Content to the extent required to be in compliance with applicable laws and Company’s policies and guidelines. Additionally, We and Our agents have the right at Our sole discretion to remove any Materials that, in Our judgment, does not comply with these Terms and any other rules of user conduct for Our SMYLEE Platform, or is otherwise harmful, objectionable, or inaccurate. You agree that We are not responsible for any failure or delay in removing such Materials. You hereby consent to any such removal deemed appropriate by Us, and, You waive any claim against Us arising out of such removal of Materials and agree to indemnify and hold Us harmless from any and all claims asserted based upon such removal. See "Unauthorised Use of Materials/Content" below for a description of the procedures to be followed in the event that any party believes that Materials posted on the SMYLEE Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party.
  • If Company reasonably believes that any Material is in breach of these Terms, applicable laws, or any legal or contractual obligations of Company, or may cause harm to Company, its users, or third parties, it may remove or take down that Materials at its discretion, without any liability whatsoever.
  • You agree that We may, at any time and at Our sole discretion, terminate Your membership, account, or other affiliation with Our SMYLEE Platform without prior serving any notice to you for violating any of the above Terms and associated provisions. Upon such termination, You agree that We may remove any and all Material or Content that You may have posted to Our SMYLEE Platform. In addition, You acknowledge that We do and will cooperate fully with any investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal or civil violations.
  • You understand that Company does not guarantee any confidentiality with respect to any Materials You submit. Subject to Our Privacy Policy, We treat all information, communication or Material that You transmit to the SMYLEE Platform or to Us, whether by electronic mail, post, or other means, for any reason, as non-confidential and non-proprietary except the private chat messages. By submitting any information to Us, You are placing the information in the public domain and hence, the information is deemed non-confidential.
  • For clarity, you retain all of Your ownership rights in your content. However, by submitting Content to Company, You hereby grant Company a worldwide, non-exclusive, royalty-free, commercial use, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, re-brand, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the SMYLEE Platform, Company’s (and its successors' and Affiliates') and/or its third-party partner’s and/or collaborator’s business including without limitation for promoting and redistributing part or all of the Content (and derivative works thereof) in any media formats and through any media channels including without limitation on Company’s owned and/or operated content platforms, sites, and/or applications (collectively “Company Properties”). You also hereby grant each user of the Company Properties a non-exclusive license to access Your Content through the Company Properties, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Company Properties and under these Terms.

PARTNER PLATFORMS

  • You hereby authorise and grant to Company all worldwide rights necessary to use, reproduce, distribute, prepare derivative works of, display, modify (without changing the integrity of the Content), re-brand, publish, adapt, make available online or electronically transmit, and perform the Content on other partner platforms of Company. For clarity, such partner platforms may include third party owned platforms with whom Company may contractually secure the rights of the users hereunder and once the Content is transmitted to, shared with, provided to and given to any such third party, the Content shall be governed with the terms of use and privacy policy of such third party.
  • Company reserves the right to allow the usage, publication and distribution of Your Content on other partner platforms subject to the Content meeting the content guidelines and/ or technical specifications of such other partner platforms

CHAT FUNCTIONALIT

  • Company will retain Your messages (including Your chats, photos, videos, messages and files) for internal quality purposes but Company will not be responsible for any information shared between the users. The information and other details shared for any potential transaction occurring at SMYLEE Platform is at their individual risk and SMYLEE Platform shares no liability in the event of any damages arising out of such transaction. The exchange of information is solely between the users of SMYLEE Platform. This means that both the users are directly responsible to each other for their information shared on the chat window of SMYLEE Platform.
  • While using the chat room and chat functionality, You are prohibited to host, display, upload, modify, publish, transmit, update or share such information as listed in section 5.2 and otherwise as mandated by (Indian) Information Technology Act, 2000 and its rules and regulations thereunder including read with Information Technology (Intermediaries Guidelines) Rules, 2011 (“Infotech Laws”).
  • We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of Our SMYLEE Platform, either directly or through a third-party provider. We will not inspect or disclose the Contents of Your private Communications except with the consent of the sender or the recipient, or in the narrowly defined situations provided under the applicable privacy laws or as otherwise required by law or by court or governmental order. Further information concerning Our treatment of Your private Communications is available in Our Privacy Policy.
  • At Our sole discretion, We may employ automated monitoring devices or techniques to protect Our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that We deem inconsistent with Our business purposes. However, such devices or techniques are not perfect and may affect the transmission of both legitimate and unsolicited communications between parties. Regardless, You agree that We are not responsible for any legitimate Communication that is blocked, or for any unsolicited communication that is not blocked.

UNAUTHORIZED USE OF MATERIALS/CONTENT

  • We view the removal or "take down" of Content from the SMYLEE Platform as a significant step. Consequently, if You believe Your copyright has been infringed by a posting on the SMYLEE Platform, We ask that You send notification to Our ‘Designated Agent’ (as identified below). To be effective and to support immediate removal of the allegedly infringing Material or Content, Your notification to Our Designated Agent needs to include the following:
    • Detailed identification of Your copyrighted or otherwise protected work that You believe has been infringed.
    • Identification of the specific Content or Material on the SMYLEE Platform that You claim is infringing Your copyrighted or otherwise protected work identified in item #1 above.
    • Your contact information (email address preferred).
    • Contact information for the owner/administrator of the allegedly infringing webpage or other Content (email address preferred).
    • You must also include the following statements in Your written notification:

      “I have a good faith belief that use of the copyrighted materials work described in this notification as allegedly infringing is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

    • You must then sign Your written notification.
    • Finally, send the completed written notification to support@smylee.app

TRADEMARKS AND COPYRIGHTS

Company, the Company logo and other Company trademarks, service marks, graphics, and logos used in connection with the SMYLEE Platform are trademarks or registered trademarks of Company and/or its Affiliates in various jurisdictions. You are not granted any right or license with respect to any of the aforesaid trademarks and any use of such trademarks. Further, all copyright in and to the SMYLEE Platform and/or to the extent stipulated herein, the Content is the copyright of Company and/or its licensors and Content providers. All such copyright and marks are protected under applicable copyright, trademark, and other domestic and international proprietary rights laws. Any violation of copyright and other proprietary laws may result in severe civil and criminal penalties, including monetary damages.

LIMITED WARRANTY AND DISCLAIMER

  • Any implied warranties including those prescribed by statute are expressly disclaimed.
  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SMYLEE PLATFORM IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. COMPANY, COMPANY’S LICENSORS, AND DEVICE PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY, COMPANY’S LICENSORS, AFFILIATES AND DEVICE PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SMYLEE PLATFORM; WILL MEET YOUR REQUIREMENTS; THAT THE SMYLEE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SMYLEE PLATFORM WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICE OR THAT ANY ERRORS IN THE SMYLEE PLATFORM WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY COMPANY, ITS AFFILIATES COMPANY’S LICENSORS AND DEVICE PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  • SMYLEE IS AN INTERMEDIARY PLATFORM IN ACCORDANCE WITH THE INFOTECH LAWS. WE ALLOW USERS TO ACESS AND USE CONTENT AND CONTRIBUTE MATERIALS, WHILE EXERCISING DILIGENCE TO THE EXTENT REUQIRED UNDER THE APPLICABLE INFOTECH LAWS. WE DO NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ACTIONS, OUTCOME, INFORMATION IN CONNECTION WITH THIS SMYLEE PLATFORM OR THE CONTENT OR MATERIALS, NOR DO WE WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF ANYTHING SAID, DISPLAYED, PROMOTED OR PROVIDED FOR IN THIS SMYLEE PLATFORM, AS IT IS INTENDED SOLELY FOR ENTERTAINMENT PURPOSES. THE USER IS RESPONSIBLE FOR HIS/ HER OWN DECISIONS AND ACTIONS UNDERTAKEN INCLUDING WHILE PROVIDING ANY MATERIALS.

LIMITATION OF LIABILITY

  • IN NO EVENT WILL COMPANY, ITS AFFILIATES AND/OR LICENSORS BE LIABLE FOR LOSS OF PROFITS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE INMOBI APPLICATION, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES, PROPERTY DAMAGES OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT COMPANY, ITS AFFILIATES AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S, ITS AFFILIATES’ AND/OR ITS LICENSORS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED AN AMOUNT EQUIVALENT TO FIVE HUNDRED UNITED STATES DOLLARS. THESE LIMITATIONS OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
  • Nothing in these Terms shall limit or exclude Our liability for:
    • Death or personal injury resulting from Our gross negligence;
    • Fraud or fraudulent misrepresentation; and
    • Any other liability that cannot be excluded or limited by applicable laws.

TERMINATION

These Terms will terminate automatically if you fail to or Company suspects that You have failed to comply with its terms and conditions. In such event, Your SMYLEE Platform may be disabled and You must cease using the SMYLEE Platform, the Content and other Materials comprising the SMYLEE Platform. Company reserves the right, without liability, to change, suspend, remove, disable or terminate access to the SMYLEE Platform, Content and other Materials comprising the SMYLEE Platform or certain areas or features of the SMYLEE Platform, at any time for any reason (including without limitation to protect Our interests, on account of investigation for a suspected violation of these Terms or as a result of Us finding that a violation of these Terms has occurred), with or without notice. Company further reserves the right to change, modify, update, impose limits, deny or create different access to the use of the SMYLEE Platform, the Content and Materials comprising the SMYLEE platform and/or its features, or any part thereof, without prior notice provided however that Company will comply with all applicable privacy laws in implementing such changes.

INDEMNITY

You hereby agree to defend, indemnify and hold harmless Company, its Affiliates, licensors, third party partners, officers, directors, employees and agents, from and against any and all claims, damages, actions, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the SMYLEE Platform, Content and any Materials comprising the SMYLEE Platform; (ii) Your Materials contributed to the SMYLEE Platform (iii) Your violation of any term of these Terms; (iv) Your violation of any terms and conditions, policies etc. accepted by You; and (v) Your violation of any third party rights.

This defense and indemnification obligation will survive these Terms and Your use of the SMYLEE Platform.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by any act or event beyond Our reasonable control, including pandemics, epidemics, war, strikes, industrial action, lock outs, government lockdowns/ shutdowns, accidents, fire, blockade, terrorism or threat of terrorism, natural catastrophes, failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms: (a) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control; (b) We will use Our reasonable endeavours to find a solution by which Our obligations under these Terms may be performed despite the Event Outside Our Control.

OTHER IMPORTANT TERMS

  • MISCELLANEOUS: These Terms and the Privacy Policy represent the complete agreement concerning this license between the parties and supersede all prior agreements and representations between them. Company reserves the right, at its discretion, to change, modify, add or remove portions of these Terms provided that in case of any material changes which impacts the rights and obligations of the End User, Company shall attempt to notify the End User of such material changes and shall post the updated material terms on this page. In addition, when using particular features, services or Materials on the SMYLEE Platform, You shall also be subject to any posted rules applicable to such features, services or Materials that may contain terms and conditions in addition to those in these Terms. All such additional guidelines or rules are hereby incorporated by reference into these Terms. The date these Terms was last revised is identified at the top of the page. Subject to requirements of express consent under any applicable data privacy laws which We comply with, Your continued use of the SMYLEE Platform after We make changes is deemed to be acceptance of those changes, so please check the applicable Terms and/or policy(ies) periodically for updates. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of these Terms shall not be affected. You may not assign Your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign Our rights and obligations under these Terms of Use to any party whatsoever without any permission from You.
  • GOVERNING LAW AND DISPUTE RESOLUTION: Except in cases of exclusive jurisdiction of applicable local laws or where expressly prohibited by applicable laws, these Terms, its subject matter and its formation, are governed by Indian law. You and We both agree that the competent courts of India will have non-exclusive jurisdiction.
  • CONTACT INFORMATION AND GRIEVANCE OFFICER:
    • Customer Support: Any enquiries You may have about Our service and features or if You need assistance with the SMYLEE Platform, You may write to Us at support@smylee.app
    • Data Privacy: To ask questions on data privacy, exercise applicable data subject rights (to the extent you may enjoy any data subject rights as per privacy laws applicable to you) and our privacy practices, please e-mail us at support@smylee.app
    • Reporting Objectionable Content to Grievance Officer: If you see something objectionable, offensive, or adversely affects you or your community, you can report it to our Grievance Officer at support@smylee.app with the relevant details of your complaint/ concern. Please keep in mind that mere reporting to the Company doesn't guarantee that certain content will be removed from the SMYLEE Platform, however, we are committed to creating a safe environment and will consider all your genuine grievances/ complaints.