TERMS AND CONDITIONS
This Agreement was last revised on August 11th, 2020.

I. INTRODUCTION

UFundo (“Mobile Application”) owned and managed by Provatosoft Pvt Ltd. welcomes you.

We offer you access to our services through our “Mobile Application” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you. By accessing and using this Mobile Application, you acknowledge that you have read, understood and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Mobile Application

II. DEFINITIONS

  • “Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Mobile Application;
  • “Service” or “Services” denotes any service shown below, which we may offer from our Mobile Application.
  • “User”, “You” and “Your” denotes to the person who is accessing the Mobile Applicationfor taking or availing any service from us;
  • “Customer”or “Member” refers to the users, accessing the mobile application for taking various services from the app;
  • “We”, “us”, “our” and “Company” are references toProvatosoft Pvt Ltd.;
  • ”Mobile Application” shall mean and include UFundo, mobile-application(“App or “Mobile Application”) and any successor Mobile Application of the Company or any of its affiliates;
  • "MemberAccount” shall mean an electronic account opened for the User for availing various services offered in the Mobile Application;

III. INTERPRETATION

● All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".

● Words used herein regardless of the number and gender specifically used shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires.

● Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.

● All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.

IV. SCOPE

Scope: These Terms govern your use of the Mobile Application and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Services, which are governed by their own terms of service.

Eligibility and Children Policy: Our Service does not address anyone under the age of 18 if you are under the age 18 then please take acceptance from your parents/guardians for using our Mobile Application and services.

We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do the necessary actions.

Our service is not available to any users suspended or removed from the system by us for any reason.

Devices and Software: These Terms govern your use of the Mobile Application and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Services, which are governed by their own terms of service.

Device Storage Permission: You provide us storage permission (Read and write) by which we can upload your content to our server and display it to our app users. You confirm you are authorized to provide us such permission to allow us to provide our Services.

Electronic Communication: When you use this Mobile Application or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

V. SERVICES

UFundo is a meticulously designed mobile app that will help you to create and upload effective short videos that can be easily shared with friends on social media. This app contains various tools like filters, control over the speed of videos, access to professional audios, and many more.

With this application, you can dance, expand your friend's network and develop your creative skills too.Even if you’re not the best lip-sync, you can still create something fun on this app with a music background.This application assures a video-sharing community that is real, organic, and without any boundaries.

In a globalized world, where mobility is facilitated, this app will give you a wonderful benefit. Not only does it help you in understanding new people all around the world, but it is also a great advantage in general.

MODIFICATIONS TO THE SERVICE

We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its Mobile Application. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.

VI. REGISTRATION

For accessing the Mobile Application and using its Resources, you may be required to provide specific information and to create a user ID and password to establish an account.Account can be registered using Mobile Number or social media account like your Facebook, Google, or other social media account.

You accept that the details you provide about establishing any account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

Registration and Access
   * The Mobile App is free to use.However,the user has to pay for using the Premium features of this application.
   * Users have to download the App from Play Store for Android users and App Store for Apple users.

VII. CONTENT

A. UFundo Content

As between you and UFundo, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the UFundo Content”), are either owned or licensed by Ufundo, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the UFundo Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.

You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and Gifts (as defined and further explained in the “Virtual Items Policy”), and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service (e.g., you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).

Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the Ufundo Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Ufundo reserves all rights not expressly granted herein in the Services and the Ufundo Content. You acknowledge and agree that UFundo may terminate this license at any time for any reason or no reason.

NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.

You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.

We make no representations, warranties or guarantees, whether express or implied, that any UFundo Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).

B. User-Generated Content

Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Services may also overlay music, graphics, stickers, Virtual Items (as defined and further explained in the “Virtual Items Policy“) and other elements provided by UFundo (UFundo Elements”) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes UFundo Elements, have not been verified or approved by us. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values.

Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your User Content, including User Content that includes TikTok Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.

If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services

You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.

You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content.

For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.

● Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.

● Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.

● Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.

We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.

We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.

You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.

We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

If you wish to complain about information and materials uploaded by other users please contact us at: help@ufundo.com.

UFundo takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is UFundo's policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.

While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:

i) UFundo has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;

ii) Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and

iii) You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

VIII. ADVERTISEMENTS

We reserve the right to display advertisements on your blog unless you have purchased an ad-free account.

IX. LIMITED GUARANTEE

By this Mobile Application:

● We provide an opportunity for you to avail the offeredServices from our Mobile Application.

● We do not provide any warranty or guarantee that the Service descriptions are accurate, complete, reliable, current, or error-free. If a Service offered by the Mobile Application is not as described, your sole remedy is to intimate us about Services for taking further action.

X. GEOGRAPHIC RESTRICTION

Although the information on this Mobile Application is accessible worldwide, not all services discussed in this Mobile Application are available to all persons or in all geographic locations or jurisdictions. We reserve the right, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Mobile Application is invalid where banned.

XI. USER RESPONSIBILITIES

  • You shall use the Service and Mobile Application for a lawful purpose and comply with all the applicable laws while using the Mobile Application;
  • You shall not upload, any content on the Mobile Application that:

    ● Defamatory, infringes any trademark, copyright, or any proprietary rights of any person or affect any one’s privacy, contain violence or hate speech, including any sensitive information about any person.
  • You shall not use or access the Mobile Application for collecting any market research for some competing business;
  • You shall not misrepresent or personate any person or entity for any false or illegal purpose;
  • You will not use any device, scraper, or any automated thing to access the Mobile Application for any purpose without taking permission from us.
  • You will inform us about anything that is inappropriate or you can inform us if you find something illegal in theMobile Application;
  • You will not interfere with or try to interrupt the proper operation of the Mobile Application through the use of any virus, device,transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Mobile Application through hacking, password or data mining, or any other means;
  • You will let us know about the unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Mobile Application or any service, or any portion of the Mobile Application or service, without notice, and to remove any content.

XII. NO ADVISORY

Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the Mobile Application (including information provided in direct response to your questions or postings) may be provided by third parties or by our user. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

XIII. GENERAL CONDITIONS

For the Users

>> We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.

>> We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.

>> The Mobile Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as- they apply to the Service.

>> You further acknowledge and agree that we have no obligation whatsoever to furnish any maintenance and support services concerning the App.

>> You must ensure that any content uploaded by you should originally be generated/produced by you.

>> Any video uploaded by you on the app will be treated as the property of our Company and will be marked by our logos.

>> You’re not allowed to copy or modify the app, any part of the app, or our trademarks in any way.

>> You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions.

>> Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but we cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your mobile data left.

>> By using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

>> We will also send push notification or show a pop-up to you via our mobile application.

>> You acknowledge and agree that we are not responsible for addressing any claims you or any third party may have concerning the Mobile Application;

>> UFundo reserves the right to suspend/terminate usage or access to the platform or system.

>> WE ARE NOT RESPONSIBLE FOR YOUR USE OF THE SERVICES OR FOR THE ACTIONS OF OTHER USERS WITH WHOM YOU MAY EXCHANGE INFORMATION OR HAVE CONTACT.

>> WE DO NOT CONDUCT CRIMINAL OR OTHER BACKGROUND SCREENINGS OF ITS USERS. UFUNDO DOES NOT VERIFY THE INFORMATION PROVIDED BY USERS CONCERNING USERS’ IDENTITY, HEALTH, PHYSICAL CONDITION, OR OTHERWISE.

>> WE ARE NOT RESPONSIBLE FOR ACTIVITIES OR LEGAL CONSEQUENCES OF YOUR USE IN LOCATIONS WHICH MAY ATTEMPT TO CRIMINALIZE OR LIMIT YOUR INTERACTIONS. YOU MUST MAKE YOUR OWN INFORMED DECISIONS ABOUT USE OF THE APPLICATION IN YOUR LOCATION AND ASSESS ANY POTENTIAL ADVERSE CONSEQUENCES.

XIV. EXCLUSION OF LIABILITY

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use ofUFundo Mobile Application including loss of data or information or any kind of financial or physical loss or damage.

In no event shall UFundo app owned by Provatosoft Pvt Ltd., be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage.

XV. NO RESPONSIBILITY

We are not responsible to you for:

any reliance that you may place on any material or commentary posted on our Mobile Application. Please note that nothing contained in our Mobile Application or the material published on it is intended to amount to advice on which you should rely; or

any losses you suffer because the information you put into our Mobile Application is inaccurate or incomplete; or

any losses you suffer if you misrepresent any fact which may influence the Service provider’s decision to accept the risk or the terms offered; or

any losses you suffer because you cannot use our Mobile Application at any time; or

any errors in or omissions from our Mobile Application; or

any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our Mobile Application; or

any unauthorized access or loss of personal information that is beyond our control.

XVI. THIRD-PARTY LINKS

The Mobile Application may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate the site administrator of those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measure(s) when you are downloading files from all these Websites to safeguard your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.

XVII. PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Mobile Application, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

XVIII. ERRORS, INACCURACIES, AND OMISSIONS

Every effort has been taken to ensure that the information offered on this Mobile Application is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Mobile Application will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Mobile Application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

XIX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE MOBILE APPLICATION AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE MOBILE APPLICATION WILL OPERATE ERROR-FREE OR THAT THE MOBILE APPLICATION, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE MOBILE APPLICATION OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.

THE MOBILE APPLICATION MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE MOBILE APPLICATION. THE MOBILE APPLICATION MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE MOBILE APPLICATIONS DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE MOBILE APPLICATION AT ANY TIME WITHOUT NOTICE.

A) No warranties.

UFundo specifically (but without limitation) disclaims

a. Any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and

b. Any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the services. UFundo shall not be responsible for the loss of, damage to, or unavailability of any information you have made available through the services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the services.

B) No guarantee of accuracy.

UFundo does not guarantee the accuracy of and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the services.

C) No warranties regarding third parties.

UFundo makes no representations, warranties, or guarantees, express or implied, regarding any third party service or information provided by a third party.

Every effort is made to keep the website and mobile application up and running smoothly. However, UFundo takes no responsibility for, and will not be liable for, the website and mobile application being temporarily unavailable due to technical issues beyond our control.

If you require any more information or have any questions about our site's disclaimer, please feel free to contact us by email at help@ufundo.com.

XX. COPYRIGHT AND TRADEMARK

The Mobile Application contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no right to use the content, and you will not take any Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Mobile Application or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of this Agreement, your permission to access and/or use the Content and the Mobile Application automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Mobile Application are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the Mobile Application may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Mobile Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.

XXI. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees harmlessfrom and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Mobile Application. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

XXII. MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed under the law of India without giving effect to any principles of conflicts of law. The courts ofState of Maharashtra shall have exclusive jurisdiction over any dispute arising from the use of the Mobile Application.

FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure to perform ouror its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT

The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates, and group companies, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at help@ufundo.com.

DISCLAIMER

This Disclaimer forms part of and must be read in conjunction with, Mobile Appplication Terms and Conditions. We reserve the right to change this Disclaimer at any time.

The information contained in this mobile application is for general information purposes only. The information is provided by Mobile Application (“UFundo” or “we”).

The Mobile Application “UFundo” is the property of Provatosoft Pvt Ltd.

UFundo is a meticulously designed mobile app that will help you to create and upload effective short videos that can be easily shared with friends on social media. This app contains various tools like filters, control over the speed of videos, access to professional audios, and many more. In a globalized world, where mobility is facilitated, this app will give you a wonderful benefit. Not only does it help you in understanding new people all around the world, but it is also a great advantage in general.

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the UFundo Mobile Application including loss of data or information or any kind of financial or physical loss or damage.

We are not responsible to you for:

any reliance that you may place on any material or commentary posted on our Mobile Application. Please note that nothing contained in our Mobile Application or the material published on it is intended to amount to advice on which you should rely; or

any losses you suffer because the information you put into our Mobile Application is inaccurate or incomplete; or

any losses you suffer if you misrepresent any fact which may influence the Service provider’s decision to accept the risk or the terms offered; or

any losses you suffer because you cannot use our Mobile Application at any time; or

any errors in or omissions from our Mobile Application; or

any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our Mobile Application; or

any unauthorized access or loss of personal information that is beyond our control.

General:

The website, Mobile Application, its content, and service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website and mobile application will operate error-free or that the website, mobile application, its servers, content or its service are free of computer viruses or similar contamination or destructive features. Although UFundo seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our services, and there may at times be inadvertent technical or factual errors or inaccuracies.

A) No warranties.

UFundo specifically (but without limitation) disclaims

a. Any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and

b. Any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the services. UFundo shall not be responsible for the loss of, damage to, or unavailability of any information you have made available through the services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the services.

B) No guarantee of accuracy.

UFundo does not guarantee the accuracy of and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the services.

C) No warranties regarding third parties

UFundo makes no representations, warranties, or guarantees, express or implied, regarding any third party service or information provided by a third party.

Every effort is made to keep the website and mobile application up and running smoothly. However, UFundo takes no responsibility for, and will not be liable for, the website and mobile application being temporarily unavailable due to technical issues beyond our control.

If you require any more information or have any questions about our site's disclaimer, please feel free to contact us by email at help@ufundo.com.