End User License Agreement for Jio Chat

This End User License Agreement along with the Privacy Policy (“EULA”), is a binding agreement between Reliance Jio Messaging Services Pvt. Ltd (“RJMSPL”) and the end user who access or avail the Application (defined below) and the Content in accordance with the terms this EULA (“ you”/“your”) of the Application (defined below). This EULA is an electronic record under Information Technology Act, 2000 and the rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.

BY CLICKING ON THE “I ACCEPT” BUTTON, OR OTHERWISE HAVING ACCESS TO, RECEIVING, AND/OR USING THE “JIO CHAT” APPLICATION (“APPLICATION”), YOU HEREBY CONFIRM TO HAVE READ, UNDERSTOOD AND AGREE TO BE GOVERNED AND BOUND BY, THIS EULA, AND THE PRIVACY POLICY (“POLICY”) WHICH IS INCORPORATED BY REFERANCE AND FORMS PART OF EULA AND ANY OTHER RULES OR GUIDELINES, AS MAY BE ISSUED BY RJMSPL WITH RESPECT TO THE APPLICATION, FROM TIME TO TIME. YOU MAY ACCESS THE PRIVACY POLICY HERE: [http://www.jiochat.com/condition/privacy.html]. IF YOU DO NOT AGREE TO BE BOUND BY THE EULA, PLEASE DO NOT CLICK THE “I ACCEPT” BUTTON OR DOWNLOAD OR INSTALL THE APPLICATION.

RJMSPL reserves the right to modify the EULA at any time at its sole discretion, with or without any prior notice to you. It is your responsibility to review the EULA from time to time. You will be deemed to have accepted the terms of the EULA, as amended, if you continue to access the Application after the EULA is modified. Discontinuing use of this Application will not affect the applicability of the EULA to your prior uses of the Application.

You acknowledge and confirm that RJMSPL is merely acting as a passive conduit to facilitate communication and therefore RJMSPL is an intermediary under the Information Technology Act, 2000 as amended and the relevant rules made thereunder. This EULA is deemed to be published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 under Information Technology Act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the Content

1. Registration :

1.1 In order to access the Application, you will be required to download and install the Application on your Device (defined below). At the time of installation of the Application, the Application will require your permission to enable it to find the location of your Device, modify or delete SD card contents, read phone statistics and identity, mount and un-mount file systems, etc. You acknowledge that you are agreeable to providing such permissions. You may not register for or use our services and/or Application if (i)You have been convicted of any child abuse offence or sex offence; or (ii) RJMSPL have previously terminated your account and advised you that you may no longer use our services/Applications.

1.2 If you are under the age of 18 years, you should review this EULA with your parent or legal guardian to make sure that you and your parent or legal guardian understand and agree to it and further if required your parent / legal guardian shall perform or undertake such activities to enter into a legally binding agreement with RJMSPL.

1.3 In order to access and use the Application, you are required to create a user account with RJMSPL. You are solely responsible for maintaining the confidentiality and security of your user account and for all activities that occur on or through your user account. You agree to immediately notify RJMSPL of any security breach of your user account. RJMSPL shall not be responsible for any losses arising out of the unauthorized use of your user account. You confirm and warrant that all the data and information supplied by you when you register for subscribing the services and provided by you to RJMSPL is true, current, complete and accurate in all respects.

1.4 On creation of a user account, you shall be able to access the features of the Application. The features of the Application may allow you to post content such as profile information, status update, comments, and other content and/or information (User Content). The ownership over the User Content created by you remains with you; however, by sharing User Content through the Application, you agree to allow others to view and/or share your User Content in accordance with settings of your choice and this Agreement. If you do not want your User Content to be shared/viewed by people at large, please do not use the Services/Application to share your User Content. You shall not post any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any comments/reviews/feedback constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or regulation. You give RJMSPL express rights and consent to display your rating / review in relation to the Application, including making it available to other members for viewing. These features may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.

1.5 RJMSPL is free at its sole discretion to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("User Feedback"), including responses to questionnaires or through postings to the Application and user submissions, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the RJMSPL’s service offering including Application. By posting / submitting any User Feedback / User Content/ user submission on the Application, you grant RJMSPL a perpetual, worldwide, non-exclusive, royalty-free irrevocable, sub-licensable license and right in such User Feedback /User Content/ user submission to RJMSPL, including the right to display, use, reproduce, or modify the User Feedback / User Content/ user submission in any media, software or technology of any kind now existing or developed in the future. RJMSPL reserves the right to remove User Feedback / User Content/ user submission at sole discretion and/or upon on request of any third party that such User Feedback / User Content/ user submission may create liability for RJMSPL or harm the reputation of RJMSPL or are offensive, inappropriate, defamatory, obscene or libelous in nature.

1.6 Operators of public search engines have the permission to use functionalities like spiders to copy materials from the Application for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion. You agree not to collect or harvest any personally identifiable information, including account names, from the Application, nor to use the communication systems provided by the Application for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Application with respect to its user submissions

2. Grant of License:

2.1 Software License: You hereby agree that all rights, title and interests in the Application vest with RJMSPL or its licensors. Subject to your strict and full compliance with the EULA, RJMSPL hereby grants you a revocable, non-exclusive, non-transferable, non-sub-licensable, limited license, to download, install and use the Application on Devices owned and controlled by you, and to access and use the Content only through the Application on such Devices, strictly in accordance with the terms of the EULA and as per the subscription plan selected by you. The Application includes (i) the software application in object code/source code that you may access and download and the scripts, interfaces, graphics, displays, text, documentation and other components/associated data and information made available to you as part of the software; and (ii) any updates, modifications, or enhancements to (i) or any part thereof, as may be provided by RJMSPL

2.2 Content License: “Content” shall include all visual works, including all interactive content, texts, photographs, stickers etc., made available to you through the Application. The Content is owned by RJMSPL or by third party content providers and licensed to RJMSPL. Subject to your strict and full compliance with the EULA, RJMSPL, hereby grants you a personal, limited, non-exclusive, non-transferable, revocable license to use the Content for your private and personal use through your Device.

2.3 Except for the rights expressly stated herein, no other rights are granted to you with respect to the Application or the Content, either by implication, estoppel, or otherwise.

3 Terms of Accessing the Application and the Content :

3.1 The Application is merely intended as a means to initiate communication with Your saved contacts, and receive communications from other users of the Application and also know their approximate location, provided such contact(s) has enabled the features of the Application. You may also receive short messaging services (SMS) from other users of the Application. You agree and acknowledge that by use of the Application, you do not acquire ownership in the Application or the Content.

3.2 Application and all Content, including all text, graphics, trademarks, logos, photographs, audio visual content, and other material made available through the Application constitutes material proprietary to RJMSPL or its content providers, and is protected by applicable intellectual property laws, and may not be used by You, except as permitted by RJMSPL. You agree that you may in your discretion use the Content while communicating with other users of the Application in accordance with the EULA and You assume all risks associated with use of the Content with such other users, without any obligation towards RJMSPL.

3.3 RJMSPL may, in its sole discretion, and without any obligation or liability towards you, add or delete one or more feature from the Application, or any of your rights or authorizations at any time, without any notice to you. You agree to abide by the changes made under this provision.

3.4 Use of the Application requires: (i) compatible Internet enabled devices, now known or later developed, including all mobile devices, smart phones, phablets, tablets, (“Device”), and (ii) Internet access. Further, certain software (fees may apply), in your Device or in the Application may require periodic updates and use of the Application along with its performance may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use. The latest version of the Application is recommended to access the features of the Application and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.

3.5 From time to time, and without prior notice to you, RJMSPL may provide updates of the Application, or may issue upgraded versions of the Application. However, RJMSPL shall be under no obligation to do so. All updates/upgrades provided by RJMSPL will be subject to the terms of this EULA.

3.6 The Application may contain the links or pointers to other websites but you should not infer or assume that RJMSPL operates, controls, or is otherwise connected with these other websites. When you click on a link within the Application, RJMSPL may not warn you that you have left the Application and are subject to the terms and conditions (including privacy policies) of another website. Please be careful to read the terms of use and privacy policy of any other website before you provide any confidential information or engage in any transactions. You should not rely on this EULA to govern your use of another website. RJMSPL is not responsible for the content or practices of any other website even if it links to the Application even if the website is operated by a company affiliated or otherwise connected with RJMSPL. You acknowledge and agree that RJMSPL is not responsible or liable to you for any content or other materials hosted and served from any website other than the Application.

4 Restrictions on use of the Application and the Content

4.1 You shall use the Application strictly in accordance with this EULA and shall not: (i) decompile, disassemble, reverse engineer or attempt to derive the source code of or in any manner decrypt the Application; (ii) make any modification, adaptation or improvement, enhancement, or derivative work from the Application or incorporate any portion of the software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service; (iii) violate any applicable laws or regulations including but not limited to copyright act, import and export control laws and regulations in connection with your access or use of the Application or the Content; (iv) remove or obscure any proprietary notice (including any notice of copyright or trademark) forming a part of the Application or the Content; (v) use the Application or the Content for any revenue generation endeavor, or any other purpose for which it is not designed or intended; (vi) install, use or permit the Application to exist on more than one Device at a time or on any other applicable device, other than by means of your separate downloads of the Application, each of which is subject to a separate license; (vii) distribute or link the services being provided to multiple devices, or other services; (viii) make available the Application over a network or other environment permitting access or use by multiple users at the same time or where it could be used by multiple devices at the same time, whether or not the same is for commercial use; (ix) use the Application for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with the terms of the EULA; (x) use the Application for undertaking any hacking activities like breaching or attempt to breach the security of another user or attempt to gain access to any other person's computer, software or data without the knowledge and consent of such person; (xi) use the Application for creating a service or software that is directly or indirectly, competitive with the Application or any services offered by RJMSPL; or (xii) derive any confidential information, processes, data or algorithms from the Application ; (xiii) send spam or use your account to help others send spam. Spam is unsolicited bulk email, postings or instant messages.

4.2 You also expressly agree not to engage in any use or activity that (a) may interrupt, destroy, alter, damage, delay, or limit the functionality or integrity of the Application including that of, any associated software, hardware, telecommunications or wireless equipment; (b) may manipulate identifiers, or numeric information to disguise the origin of any user, device, material or other information; (c) may interfere with the proper working of the Application or prevent others from using the Application; or (d) may delete the copyright and other proprietary rights notices on the Application.

4.3 You agree not to use the Application for any activity relating to infringement of any intellectual property rights, including any trademarks, service marks, or trade names, privacy rights, personality rights, or any other proprietary rights of any third party.

4.4 Nothing contained herein shall be construed or implied to grant any right or license to use any trademarks, trade names, service marks or logos, which are a part of the Application or the Content, without the prior written consent of the owner of rights in such marks.

4.5 RJMSPL shall use reasonable efforts to make the features of the Application available to the users, at all times through the Application. However, the features are dependent over the Internet, data and cellular networks and so the quality and availability of the same may be affected by factors outside RJMSPL’s control. Accordingly, RJMSPL does not accept any responsibility for unavailability of the Application’s feature, at any time. RJMSPL will not be responsible for any support or maintenance for the Application.

4.6 Part of the Application may contain advertising information or promotion material or other material submitted to the RJMSPL by third parties. Responsibility for ensuring that material submitted for inclusion on the Application complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Before relying on any advertising material, you should independently verify its relevance for your purpose, and should obtain appropriate professional advice. RJMSPL shall not be responsible nor liable for any loss or claim that you may have against an advertiser or any consequential damages arising on account of you relying on the contents of the advertisement.

4.7 The Application may be downloaded through an online store/e-store as per the terms and condition applicable for such download including this EULA.

4.8 By using this Application, you acknowledge that the Application may be accessed through telecommunications/internet connection. You are responsible for the provision of, and payment for, telecommunications/internet services including, the relevant network or data charges, roaming charges or other costs or fees and for any other items of hardware or communications equipment necessary to enable you to access the subscribed services. RJMSPL will not be responsible, for unavailability of the features of the Application due to disruption, unavailability, or failure in your telecommunications equipment or internet connection or other relevant services.

5 Rights of RJMSPL :

5.1 RJMSPL, in its sole discretion, may terminate or suspend your access to the Application and/or its features(s) without any obligation to serve any prior notice and without any obligations or liabilities towards you or towards any third parties.

5.2 Upon your breach of this EULA, the Policy or any other restrictions or guidelines of RJMSPL for use of the Application and/or accessing any of its features, RJMSPL reserves the right to take any responsive actions which RJMSPL may deem appropriate. Such actions may include (but may not be limited to) termination of your subscription or immediate suspension or cancellation of your access to the Application or any and all features of the Application, without any obligation to RJMSPL.

5.3 RJMSPL may take any other legal or technical action against you that RJMSPL may deem appropriate, including any action against offenders to recover the costs and expenses of identifying them.

5.4 Upon cancellation of your subscription service, RJMSPL will be authorised to delete any files, programs, data and email messages associated with your account/usage.

5.5 RJMSPL may directly or through third party service providers send information to you about the various services offered by the RJMSPL from time to time.

6 Indemnity:

You shall defend, indemnify and hold harmless, RJMSPL, its affiliates, any third party networks / infrastructure providers and their respective directors, officers, personnel, contractors and agents, for and against any and all claims, suits, judgment, losses, damages, cost and expenses arising or relating to your use of the Application or your breach of the terms of the EULA or the Policy or any other restrictions or guidelines provided by RJMSPL. This indemnification obligation will survive this EULA and Your use of the Application / Content.

7 Disclaimer of Warranties:

7.1 THE APPLICATION AND ALL ITS FEATURES, IS PROVIDED ON AN “AS-IS” AND “WITH ALL FAULTS AND RISKS” BASIS, WITHOUT WARRANTIES OF ANY KIND. RJMSPL DOES NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF THE APPLICATION OR ANY CONTENT OR ITS SUSTAINABILITY FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, RJMSPL DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE APPLICATION OR ANY FEATURE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY FEATURE WILL BE AVAILABLE THROUGHOUT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RJMSPL DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION WILL RESULT IN COMPLIANCE, FULFILLMENT OR CONFORMITY WITH THE LAWS, REGULATIONS, REQUIREMENTS OR GUIDELINES OF ANY GOVERNMENT OR GOVERNMENTAL AGENCY.

7.2 To the maximum extent permitted by applicable law, RJMSPL provides no warranty on use of the Application and shall not be liable for the same under intellectual property rights, libel, privacy, publicity, obscenity or other laws. RJMSPL also disclaims all liability with respect to the misuse, loss, modification or unavailability of any feature of the Application.

7.3 THE APPLICATION CONTAINS LINKS TO OTHER SERVICES, SITES, APPLICATIONS, FEATURES AND RESOURCES PROVIDED AND/OR MAINTAINED BY AFFILIATES AND/OR THIRD PARTIES. THESE LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY. THIS INCLUDES LINKS FOR JIO MONEY AND RELATED SERVICES. RJMSPL AND/OR THE APPLICATION HAS NO CONTROL OVER THE CONTENTS OF THE SAME, AND ACCEPT NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM, OR FOR ANY TRANSACTION YOU MAY UNDERTAKE FROM THEM. YOUR CORRESPONDENCE, TRANSACTIONS AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH TRANSACTIONS, ARE SOLELY BETWEEN YOU AND SUCH AFFILIATES AND/OR THIRD PARTIES.

8 Limitation of Liability:

8.1 YOU ASSUME THE ENTIRE RISK OF USING THE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RJMSPL BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS, THE APPLICATION OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE APPLICATION, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT RJMSPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT, OF OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE APPLICATION OR THE CONTENT. FURTHER, RJMSPL SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OR MODIFICATION OF THE APPLICATION BY RJMSPL OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.

8.2 RJMSPL’S AGGREGATE LIABILITY (WHETHER UNDER CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) AND THAT OF ITS AFFILIATES SHALL BE LIMITED TO RUPEES HUNDRED ONLY.

9 Governing Law:

This EULA is governed and construed in accordance with the laws of India. The courts in Mumbai shall have exclusive jurisdiction to hear disputes arising out of the EULA.

10 Force Majeure:

RJMSPL shall be under no liability whatsoever in the event of non-availability of any portion of the Application or subscribed Content occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure or any other cause whatsoever beyond the control of RJMSPL.

11 Copyright Notice and Notice for other Grievances :

In accordance with the applicable laws, for any grievance including if, you believe in good faith that the Content or any information viewed through the Application infringes your copyright, you may reach us at care@jio.com.

12 Waiver :

Any failure by RJMSPL to enforce the EULA, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.

13 Severability :

If any of the provisions of this EULA are deemed invalid, void, or for any reason unenforceable, that part of the EULA will be deemed severable and will not affect the validity and enforceability of any remaining provisions of the EULA.

14 Entire Agreement :

The EULA including the Policy, as amended from time to time, constitutes the entire agreement between the parties and supersedes all prior understandings between the parties relating to the subject matter herein.

15 Limited Time To Bring Your Claim:

You and RJMSPL agree that any cause of action arising out of or related to use of the Application must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.

Last Updated: 07th Oct, 2016

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