TERMS AND CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of blended.app website and online service platform (“blended.app”, ”We”, ”Us”). This Terms of Use agreement (“User Agreement”) explains the terms by which you may use our online products, services or solutions, website, and software provided on or in connection with the product, service or solution (“Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Privacy Policy Privacy Policy of blended.app. We reserve the right to make modifications to these terms and will provide notice of these changes as described below. This User Agreement applies to all visitors, users (registered or guest), and all others who access the Service (“Users”).
Eligibility
Only those persons who can form legally binding contracts under Indian Contract Act, 1872 are permitted to use the Services. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. or who are otherwise disallowed under any applicable laws, rules and regulations are not eligible to use the Service. If you are a minor i.e. under the age of 18 years, you are prohibited from accessing or using Services, except through your legal guardian or parents who have registered as users on the Website or can use the Website as guest User. The Service is not available to any Users previously barred by blended.app from using or accessing the Service.
Membership
Registration: By registering as a member of blended.app you get access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. If you register as a member of blended.app on behalf of a company, organization, or other entity, then (a). “you” shall include you and that company, organisation, entity, and (b). you represent and warrant that you are duly authorized to accept this User Agreement and you have the authority to bind your business entity to this User Agreement and that you agree to this Agreement on the entity’s behalf.
Through a third party: If you connect to blended.app through a third-party service, you give us permission to access and use your information from that service as permitted by that service. Using another User’s membership without permission is strictly prohibited. While registering with blended.app, you must provide true, accurate, current and complete information. You are solely responsible for the activity that occurs on part of your membership, and you must keep your password secure. blended.app shall not be responsible for any unauthorized use of your account. A breach of security or unauthorized use of your account must be immediately notified to blended.app. If you provide any information that is untrue, inaccurate, not current or incomplete or blended.app has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, blended.app has the right to indefinitely suspend or terminate or block access of your membership with the Us and refuse to provide you with access to Services. When you use the Service or send emails or other data, information or communication to blended.app, you agree and understand that you are communicating with blended.app through electronic records. By providing blended.app your email address you consent to Our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences, though opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing.
Other Rules: blended.app reserves the right to change the Service, stop providing the Service or features of the Service, or impose usage limits for the Service without any prior written notice. If you violate any provision of this User Agreement, we may permanently or temporarily terminate or suspend your account and deny you access to the Service without notice. You shall continue to be bound by this User Agreement in such a case of termination or suspension. blended.app shall not be liable for your interactions with other Users, or for any User’s action or inaction.
Other Scenarios of Usage: The user acknowledges that there may be a situation where the user is accessing or utilizing blended.app otherwise than through a cloud platform including without limitation installation of or hosting blended.app on the server(s) of the user. In such a situation it shall be the sole responsibility of the user to maintain, manage, monitor, and secure such server(s). blended.app shall not be liable, in any circumstance whatsoever, for any breach of security, or for loss, transmission, modification or otherwise alteration of any data, or for any other consequence that may arise owing to such usage by the user. Nothing in the preceding paragraph shall be construed as granting the user a license or permission to download, copy, extract, edit, adapt, revise, modify, sublicense, transfer or distribute blended.app Content (as defined in Clause 5 below)without prior written consent of blended.app.
User Substance
Note: user substance - includes data or information uploaded by the user to blended.app platform, probably for processing, and probably not for display, probably not for sharing also unless the user explicitly allows… this data probably we have the right to inspect, but not the right to market 3.1. Some aspects of the Service allow Users to post content such as profile information, comments, explanations, questions, and other submissions or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Substance”). blended.app does not claim title, ownership, or rights over the User Substance; that is your conception. By sharing User Substance through the Service, you accept and agree to allow others to view, edit, and/or share your User Substance in accordance with your settings and as per the terms of this User Agreement. blended.app reserves the right to monitor, inspect, review and assess any User Substance posted by you to which, according to your settings, the other users do not have the permission to edit, view and/or share (“Restricted Data”). blended.app has the right in its sole discretion to remove any User Substance that is shared via the Service, if it is against any applicable law, rule or regulation or if it infringes any terms of this User Agreement or for any other justifiable reason. You agree not to post User Substance that: (i) submit or transmit material that is not authorized by the copyright owner, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post and sell the material and to grant blended.app all of the license rights granted herein; (ii) publish or transmit falsehoods or misrepresentations that could damage blended.app or any third party; (iii) submit or transmit material that is unlawful, defamatory, libelous, threatening, obscene, harassing, hateful, or otherwise offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post or transmit advertisements or solicitations of business; (v) impersonate another person; (vi) contains any information or content that you know to be incorrect, false, not current or incomplete. You agree that any User Substance that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights such as, trademark, patent, design rights, etc, or rights of privacy. blended.app reserves the right to reject and/or remove any User Substance that blended.app believes, in its sole discretion, violates these provisions. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, rights of publicity, trademark, and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. You shall be solely responsible for your User Substance and the consequences of posting or publishing it, and you agree and accept that we are only acting as a passive conduit for your online distribution and publication of your User Substance. You understand and agree that you may be exposed to User Substance that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree and accept that blended.app shall not be liable for any damages you allege to incur as a result of User Substance.
Utilization of User Substance
3.1.1. Marketing and Promoting: By posting any User Substance, excluding the Restricted Data, on the Service, you agree to grant, and you represent and warrant that you have all rights necessary to grant, to blended.app a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, store, translate, distribute,and publicly perform and/or display, all such User Substance and your name, voice, and/or likeness as contained in the User Substance, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and blended.app’s (and its successors’ and affiliates’) business, including without limitation for promoting, marketing and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
3.1.2. Other uses: blended.app reserves the right to directly or indirectly use, divulge, store, modify and otherwise alter any User Substance posted by you in the event it is required to do so under any law rule or regulation or if it infringes any terms of this User Agreement or for improving, upgrading or refining the application or software or for any other justifiable reason. blended.app will not be liable for any loss of User Substance due to any circumstances, conditions or events beyond blended.app’s control, though blended.app will take every reasonable precaution to protect such User Substance, which shall not be less than the safeguards employed by blended.app to protect its own data.
Use of API
4.1 The Service may include an application programming interface through which a User can send requests and receive responses (such communication between the Service and the Users hereinafter called “API Call”) from the Service (an “API”). Any use of the API must be in accordance with all applicable Regulations framed, modified, changed or amended by blended.app from time to time. You acknowledge that blended.app may discontinue, suspend, terminate or otherwise limit usage of the API at any time, in its sole discretion and with or without prior notice. You are solely responsible at all times for any activities occurring through the API through a password, passkey or identifier issued to you, and you agree not to share such password, passkey or identifier with any third party.
4.2 blended.app reserves the right to monitor, examine, record, regulate and manage the frequency and quality of API Calls. blended.app further reserves the right to directly or indirectly use, divulge, store, modify and otherwise alter any information received by blended.app during any API Call if it is required to do so under any law rule or regulation or if it infringes any terms of this User Agreement or for improving, upgrading or refining the application or software or for any other justifiable reason.
Proprietary Rights and Ownership
5.1. The Service is owned and operated by blended.app. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Substance belonging to other Users and all other elements of the Service that are provided by blended.app (“blended.app Content”) are protected by copyright, trade dress, patent, and trademark laws of India, by international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. For clarity, blended.app Content does not include User Substance or any other content owned by and submitted by blended.app Users to the Service. All blended.app Content contained on the Service are the copyrighted property of blended.app or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to blended.app or its affiliates and/or third-party licensors. Except as expressly authorized by blended.app, you accept and agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of blended.app Content.
5.2. You may choose to or we may invite you to submit comments or ideas about the Service, including but not limited to ideas regarding improvement of the Service or our products (“Suggestion”). By providing any Suggestion, you accept and agree that your disclosure is gratuitous, unsolicited and without restriction and will not place blended.app under any fiduciary or other obligation, and that we are free to use the Suggestion without any additional compensation to you, and/or to disclose the Suggestion on a non-confidential basis or otherwise to anyone.
5.3. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of blended.app on blended.app servers. You agree that blended.app has the absolute right to handle, manage, regulate, control, modify and/or extinguish blended.app Content as it sees fit in its sole discretion, and that blended.app will have no liability to you based on its exercise of such right. You understand, accept and agree that any data, account history and account content residing on our servers, may be deleted, altered, disclosed, moved or transferred at any time if it is required to do so under any law rule or regulation or if it infringes any terms of this User Agreement or for any other justifiable reason with or without prior notice and with no liability of any kind of blended.app. [Do tell us if you want to give a notice to the user before deleting or modifying any data. There may be data of which the user does not have a backup yet, so you may wish to let the user take off the data himself within a fixed timeline.
5.4. You acknowledge that by utilizing the data fed into blended.app it may discover and implement advanced, novel or quicker ways to generate response and serve its prospective users more efficiently. You agree and accept that any such new method or knowledge which blended.app acquires and employs would be solely attributable to blended.app and you shall have no claim, right or objection to the same under any law, rule or regulation applicable in India or any international treaty or convention.
Payment and Refund
Billing Policies: Certain aspects of the Service may be provided for a fee or other charge. If you choose to use paid aspects of the Service, you accept and agree to the pricing and payment terms, as may be updated, altered or revised from time to time. blended.app may add new services for additional fees and charges, or revise fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you in accordance with this User Agreement.
No Refunds: You may cancel your blended.app account at any time; however, there are no refunds for cancellation. In the event that blended.app suspends or terminates your account or denies you access to the Service pertaining to breach of and as per the Terms of this User Agreement or terminates this User Agreement, you understand and agree that you shall receive no refund or exchange, for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
Payment and Applicable Taxes: All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be true, accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Privacy
blended.app cares about the privacy of our Users. You understand that by using the Services you understand, agree and consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy [Insert Hyperlink], and to have your personally identifiable information collected, used, transferred to and processed in India according to all the laws, rules and regulations applicable in India. We store and process Your Information on computers located at some of the best data centers in the world that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. If you object to your Information being transferred or used in this way please do not use the Website. We care about the integrity and security of your personal information. We shall However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Disclaimer
Third-Party Links: The Service may contain links to third-party websites, advertisers, services, exclusive offers, or other events or activities that are not owned, controlled or managed by blended.app. blended.app does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this User Agreement and blended.app’s Privacy Policy do not apply to your usage and access of such other sites. You expressly relieve blended.app from any and all liability or accountability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that blended.app shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Output of Ayra: Any responsibility for any output that is generated by the Service owing to any query put, data fed, command entered or any input provided by you to the Service shall be solely borne by you. You shall solely be liable for any outcome, product, output or result of the Service if it infringes any intellectual property right including, but not limited to, patent, trademark, designs right, etc., or proprietary right or creates a cause of action for a civil suit or a criminal liability under any law, rule or regulation applicable in India.
Indemnity
You agree to defend, indemnify and hold harmless blended.app and its subsidiaries, assigns, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this User Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim for damages that arise as a result of any of your User Substance or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
No Warranty
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, blended.app, its subsidiaries, assigns, affiliates, and its licensors do not warrant that the content is accurate, reliable or correct or that the Service will meet your requirements or that the Service will be available at any particular time or location, uninterrupted or secure or that any defects or errors will be corrected or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service. Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the company service or any hyperlinked website or service, and company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
No Liability
In no event shall blended.app, its affiliates, assigns, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this Service. Under no circumstances shall blended.app be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein. blended.app assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall company, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to blended.app hereunder. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law. The Service is controlled and operated from facilities in India. blended.app makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations.
Governing Law and Arbitration
Governing Law: This User Agreement shall be governed by and subject to the internal substantive laws of India. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this User Agreement shall be governed by the Arbitration and Conciliation Act, 1996. Subject to Clause 12.2 below, all disputes arising under this User Agreement shall be subject to the exclusive jurisdiction of Courts at Mumbai, India.
Arbitration: For any dispute with blended.app, you agree to first contact us at [Insert email address] and attempt to resolve the dispute with us amicably and informally. In the unlikely event that any dispute subsists after such an attempt in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by blended.app. The place of arbitration shall be Mumbai, India. The arbitration proceedings shall be in the English Language and governed by Arbitration & Conciliation Act, 1996. Nothing in this Section shall be deemed as preventing blended.app from seeking injunctive or other equitable relief from the Courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
Miscellaneous
Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by blended.app without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Amendments: When using the Service you will be subject to the additional rules, guidelines, policies, terms, and conditions applicable to Services, offers or/and features which may be posted from time to time (“Regulations”) and all such Regulations shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice to you. It is your responsibility to review this User Agreement periodically for updates / changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the revisions. Your continued use of the Service after any such change constitutes your acceptance of the new terms under this User Agreement. As long as you comply with the provisions of this User Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to use the Services.
Notification Procedures: blended.app may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. blended.app reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this User Agreement. blended.app will not be responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Entire Agreement/Severability: This User Agreement, together with any amendments and any additional agreements you may enter into with blended.app in connection with the Service, shall constitute the entire agreement between you and blended.app concerning the Service. If any provision of this User Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this User Agreement, which shall remain in full force and effect
No Waiver: No waiver of any term of this User Agreement shall be deemed a further or continuing waiver of such term or any other term, and blended.app’s failure to assert any right or provision under this User Agreement shall not constitute a waiver of such right or provision. Please contact us at hello@blended.app with any questions regarding this User Agreement. This User Agreement was last modified on 17th August 2020.