End User Licence Agreement

BEFORE PROCEEDING FURTHER, PLEASE ENSURE THAT YOU HAVE CAREFULLY REVIEWED THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”). THIS AGREEMENT, HEREBY ENTERED INTO BETWEEN YOU AND UFORIA NETWORKS PRIVATE LIMITED, CONSTITUTES A LEGALLY BINDING CONTRACT THAT ESTABLISHES THE TERMS AND CONDITIONS GOVERNING YOUR UTILISATION OF THE PROGRAM ASSOCIATED WITH THIS AGREEMENT. SHOULD YOU DISAGREE WITH ANY OF THESE TERMS AND CONDITIONS, PLEASE REFRAIN FROM CLICKING ON “AGREE” BUTTON AND ABSTAIN FROM INSTALLING OR UTILISING THE PROGRAM. YOU ARE REQUIRED TO ACCEPT AND COMPLY WITH THESE TERMS AND CONDITIONS IN THEIR ENTIRETY AS PRESENTED TO YOU. ANY MODIFICATIONS, ADDITIONS, OR DELETIONS TO THESE TERMS AND CONDITIONS BY YOU WILL NOT BE ACCEPTED BY UFORIA NETWORKS PRIVATE LIMITED AND SHALL NOT FORM PART OF THIS AGREEMENT.

BY CLICKING ON “AGREE” BUTTON OR ANY SIMILAR FUNCTIONALITY, OR BY INSTALLING AND/OR USING THE PROGRAM, YOU EXPRESSLY CONSENT TO ADHERE TO ALL STIPULATED TERMS AND CONDITIONS CONTAINED HEREIN OR REFERENCED HEREIN.

1. 1.

   DEFINITIONS

   1. 1.1.

      “Account” means a unique account created for users to access the Licensed Application (as defined hereunder) or parts of the Licensed Application.

   2. 1.2.

      “App Store” means any third-party platform or marketplace through which the Licensed Application is distributed, downloaded, installed, licensed, purchased, or otherwise made available to users.

   3. 1.3.

      “Device” refers to any compatible product owned or controlled by the user which runs the Licensed Application (as defined hereunder).

   4. 1.4.

      “Feedback” means feedback or suggestions sent by users regarding the attributes, performance or features of the Licensed Application (as defined hereunder).

   5. 1.5.

      “Licensor” refers to M/s Uforia Networks Private Limited, a Private Limited Company, having CIN: U62013KA2024PTC195052, based out of Bangalore, India, incorporated under the Companies Act, 2013, and having its registered office at No. 43 Residency Road, Shanthala Nagar, Ashok Na, Richmond Town, Bangalore, Bangalore North, Karnataka, India, 560025, for and on behalf of itself and its subsidiaries and affiliates under common control.

   6. 1.6.

      “Software”, “Program” and “Licensed Application” refer to the software application or program provided with this Agreement and any program documentation provided by the Licensor and licensed to the user, subject to the terms and conditions of this Agreement.

   7. 1.7.

      “You” and “Your” refer to the individual or entity that has agreed to use the Licensed Application in accordance with this Agreement.

2. 2.

   GOVERNING LAW

   1. 2.1.

      Jurisdiction: This Agreement will be construed in accordance with and governed by the laws of the Republic of India, and shall be subject to exclusive jurisdiction of Bangalore, India.

   2. 2.2.

      Dispute Resolution: Any dispute or difference or controversy of whatever nature, and howsoever arising under or out of or in relation to this Agreement between the Parties, shall, in the first instance be attempted to be resolved amicably. Any dispute which is not resolved amicably through conciliation within the period of 30 (thirty) days shall be finally decided by arbitration in accordance with and subject to the provisions of the Indian Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be in Bangalore, India.

3. 3.

   THE APPLICATION

   1. 3.1.

      The Software is optimised for mobile Devices using Android and iOS operating systems and it is designed to offer users a platform to create and manage profiles, discover and connect with other users, communicate through messaging and other interactive features, share content, participate in community activities, and establish social, friendship-based, professional, or romantic connections.

4. 4.

   TECHNICAL REQUIREMENTS

   1. 4.1.

      The Licensed Application requires a minimum of either Android 8.0 or iOS 16.0 to perform efficiently. The Licensor recommends using the Licensed Application on a Device running the latest version of Android or iOS.

   2. 4.2.

      The Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of operating systems and new hardware models. However, You are not granted any rights to claim such an update.

   3. 4.3.

      You acknowledge that it is Your responsibility to confirm and determine that the end-user Device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

   4. 4.4.

      Licensor reserves the right to modify the technical specifications as it considers appropriate at any time.

5. 5.

   OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

   1. 5.1.

      The Licensed Application, including all software, source code, object code, algorithms, functionality, features, user interfaces, designs, text, graphics, audiovisual content, trademarks, service marks, trade names, logos, databases, documentation, and all other materials made available through or in connection with the Licensed Application (collectively, the “Licensed Materials”), are owned by or licensed to the Licensor and are protected by applicable intellectual property, proprietary, and other laws.

   2. 5.2.

      Except for the limited licence expressly granted through this Agreement, no right, title, or interest in or to the Licensed Application or any Licensed Materials is transferred, assigned, or otherwise granted to You.

   3. 5.3.

      You acknowledge and agree that all intellectual property rights in and to the Licensed Application and the Licensed Materials, including any modifications, updates, upgrades, enhancements, adaptations, or derivative works thereof, shall remain vested exclusively in the Licensor and/or its licensors. Nothing contained in this EULA shall be construed as granting You any ownership rights in the Licensed Application or any Licensed Materials.

   4. 5.4.

      Any rights not expressly granted to You under this EULA are reserved by the Licensor and its licensors.

6. 6.

   SCOPE OF LICENSE

   1. 6.1.

      Subject to the provisions contained within this Agreement, the Licensor hereby grants You a nonexclusive, non-transferable, non-sublicensable, revocable, and limited right and license to install and operate the Licensed Application on Your Device exclusively, with the exception that such Licensed Application may be accessed and used by other Accounts associated with You via family sharing.

   2. 6.2.

      By installing and utilising the Licensed Application and any update thereto (as permitted by this Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Agreement and that You accept this Agreement in its entirety.

   3. 6.3.

      No provision contained within this Agreement shall be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with any applicable third-party terms and conditions.

   4. 6.4.

      The Licensor reserves the right to modify the terms and conditions of licensing.

7. 7.

   LICENSE RESTRICTIONS

   1. 7.1.

      Authorised Usage Only. You may not access or use the Licensed Application for any purpose other than that for which the Licensor makes the Licensed Application available. The Licensed Application may not be used in connection with any commercial endeavours except for those which are specifically endorsed or approved by the Licensor.

   2. 7.2.

      Acceptable Usage Only. The Licensed Application must at all times be used in strict adherence to the terms and conditions available at: https://tryuforia.com/tos, and the community guidelines available at: https://tryuforia.com/guidelines.

   3. 7.3.

      No Redistribution. It is expressly prohibited for You to share or make the Licensed Application available to third parties, sell, rent, lend, lease or otherwise redistribute the Licensed Application without the Licensor's prior written consent.

   4. 7.4.

      No Reverse Engineering. You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof, except with the Licensor's prior written consent.

   5. 7.5.

      No Unauthorised Copying. You may not copy (excluding when expressly authorised by this Agreement) or alter the Licensed Application or portions thereof. You may create and store copies only on Devices that are owned or controlled by You, solely for the purpose of backup and with strict conformity to the terms of this Agreement and any other terms and conditions that apply to the Software or Device used. You acknowledge that no unauthorised third parties may gain access to these copies at any time. If You sell Your Devices to a third party, You hereby agree to remove the Licensed Application from the Devices before doing so.

   6. 7.6.

      No Automated Access. You are restricted from using, launching, developing, distributing, or facilitating any automated means, process, system, or software to access, monitor, copy, collect, extract, scrape, index, analyse, train artificial intelligence models on, or otherwise interact with the Licensed Application or any content available through it, including without limitation any bot, crawler, spider, scraper, robot, script, AI agent, machine learning tool, data mining tool, or offline reader, except as expressly authorised in writing by the Licensor or as a result of standard internet browser functionality or recognised search engine indexing activities permitted by the Licensor.

   7. 7.7.

      Preservation of Proprietary Notices. It is prohibited for You to remove any intellectual property notices from any part of the Licensed Application.

   8. 7.8.

      No Circumvention. You are prohibited from bypassing or attempting to bypass any measures of the Licensed Application designed to prevent or restrict access to any part of the Licensed Application.

   9. 7.9.

      Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

   10. 7.10.

       Licensor reserves the right to conduct periodic audits pertaining to Your utilisation of the Licensed Application.

8. 8.

   PRODUCT CLAIMS

   1. 8.1.

      This Agreement is concluded solely between You and the Licensor, and not with any App Store operator. The Licensor is solely responsible for the Licensed Application and its content.

   2. 8.2.

      Your use of the Licensed Application must comply with any applicable terms, conditions, policies, and rules imposed by the relevant App Store.

   3. 8.3.

      To the maximum extent permitted by applicable law, the App Store operator shall have no obligation to provide maintenance, support, warranty, technical assistance, or other services in relation to the Licensed Application.

   4. 8.4.

      Any claims relating to the Licensed Application, including claims concerning product liability, consumer protection, intellectual property infringement, legal compliance, maintenance, support, or warranty matters, shall be directed solely to the Licensor and not to the App Store operator.

   5. 8.5.

      In the event that any App Store operator is entitled to benefit from any provision of this Agreement under its applicable terms, such App Store operator shall be deemed a third-party beneficiary of this Agreement and may enforce such provisions directly against You.

   6. 8.6.

      If any provision of this Agreement conflicts with mandatory requirements imposed by a relevant App Store, the applicable App Store requirements shall prevail solely to the extent necessary to resolve such conflict.

9. 9.

   UPDATES, UPGRADES, AND MODIFICATIONS

   1. 9.1.

      The Licensor may, from time to time and at its sole discretion, develop, release, deploy, or require updates, upgrades, patches, bug fixes, enhancements, modifications, or new versions of the Licensed Application. Such changes may alter, add to, remove, suspend, or discontinue certain features, functionalities, content, or portions of the Licensed Application.

   2. 9.2.

      You acknowledge and agree that the Licensor has no obligation to provide any updates, upgrades, enhancements, maintenance, or support for the Licensed Application. The Licensor may require You to install updates as a condition of continued access to or use of the Licensed Application.

   3. 9.3.

      The Licensor reserves the right, at any time and without liability, to modify, suspend, restrict, discontinue, or cease providing all or any part of the Licensed Application, whether temporarily or permanently, subject to applicable law.

   4. 9.4.

      Any update, upgrade, patch, enhancement, or modification made available by the Licensor shall be deemed part of the Licensed Application and shall be subject to the terms of this Agreement unless accompanied by separate terms, in which case, the new terms shall apply.

10. 10.

    BETA FEATURES AND EXPERIMENTAL SERVICES

    1. 10.1.

       From time to time, the Licensor may make available certain beta, preview, early access, pilot, experimental, test, or otherwise pre-release features, functionalities, products, services, or tools (collectively, “Beta Features”).

    2. 10.2.

       Beta Features are provided solely for evaluation, testing, and feedback purposes and may be incomplete, unstable, contain errors, experience interruptions, or otherwise fail to operate as intended. Beta Features may be modified, suspended, restricted, or discontinued at any time, with or without notice.

    3. 10.3.

       Notwithstanding any other provision of this Agreement, Beta Features are provided on an "AS IS" and "AS AVAILABLE" basis without any warranties, representations, guarantees, maintenance commitments, service levels, or support obligations of any kind.

    4. 10.4.

       You acknowledge and agree that Your use of any Beta Feature is entirely at Your own risk. To the maximum extent permitted by applicable law, the Licensor shall not be liable for any loss, damage, data corruption, service interruption, or other harm arising from or relating to the use of any Beta Feature.

    5. 10.5.

       The Licensor may collect and use feedback, suggestions, comments, recommendations, and other information relating to Beta Features for the purpose of improving its products and services without any obligation or compensation to You.

11. 11.

    PRIVACY

    1. 11.1.

       The Licensor may collect, use, store, process, disclose, and otherwise handle personal data and other information relating to Your use of the Licensed Application in accordance with its data protection practices explained through the privacy notice available at: https://tryuforia.com/privacy, as may be amended from time to time.

    2. 11.2.

       By downloading, installing, accessing, or using the Licensed Application, You acknowledge that You have read and understood the Licensor’s privacy practices and agree that Your personal data will be handled in accordance with the privacy notice and applicable data protection laws.

    3. 11.3.

       The privacy notice is incorporated into this Agreement by reference and forms an integral part of this Agreement. In the event of any conflict between this Agreement and the privacy notice with respect to the processing of personal data, the privacy notice shall prevail to the extent of such conflict.

12. 12.

    TERMINATION AND SUSPENSION

    1. 12.1.

       The licence granted to You under this Agreement shall remain in effect until terminated in accordance with this Agreement.

    2. 12.2.

       The Licensor may, at its sole discretion and without prior notice, suspend, restrict, or terminate Your licence to access or use the Licensed Application if (a) You breach any provision of this Agreement; (b) the Licensor reasonably believes that Your use of the Licensed Application may violate applicable law or the rights of any third party; (c) such suspension or termination is necessary to protect the security, integrity, operation, or functionality of the Licensed Application; or (d) the Licensor ceases to provide, maintain, or make available the Licensed Application.

    3. 12.3.

       You may terminate this Agreement at any time by discontinuing all use of the Licensed Application and deleting all copies of the Licensed Application in Your possession or control.

    4. 12.4.

       Termination or suspension of this Agreement shall be without prejudice to any rights, remedies, obligations, or liabilities that accrued prior to the date of such suspension or termination.

13. 13.

    EFFECT OF TERMINATION

    1. 13.1.

       Upon the suspension or termination of this Agreement for any reason, all rights and licences granted to You under this Agreement shall immediately cease.

    2. 13.2.

       You shall promptly cease all access to and use of the Licensed Application and shall uninstall, delete, and destroy all copies of the Licensed Application and any related materials in Your possession or control immediately upon termination, except to the extent retention is required by applicable law.

    3. 13.3.

       Termination of this Agreement shall not affect any rights, remedies, obligations, or liabilities that have accrued prior to the effective date of termination.

    4. 13.4.

       Any provisions of this Agreement which by their nature are intended to survive suspension or termination, including without limitation provisions relating to intellectual property rights, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law, shall survive such suspension or termination.

14. 14.

    DISCLAIMER OF WARRANTIES AND EXCLUSIVE REMEDIES

    1. 14.1.

       To the extent permissible by law, the Licensed Application is provided on an “AS IS”, “AS AVAILABLE”, and “WITH ALL FAULTS” basis. The Licensor hereby disclaims all express or implied representations, warranties, guarantees, and conditions of any kind, arising by law or otherwise, with regard to the Licensed Application, including but not limited to representations, warranties, guarantees, and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and quality of service.

    2. 14.2.

       The Licensor makes no representations or warranties regarding the content, effectiveness, usefulness, reliability, availability, timeliness, quality, suitability, accuracy, security or completeness of the Licensed Application or the results You may obtain by using the same.

    3. 14.3.

       Without limiting the generality of the foregoing, the Licensor does not represent or warrant that

       1. 14.3.1.

          the operation or use of the Licensed Application will be timely, secure, uninterrupted, or error-free; or

       2. 14.3.2.

          the quality of any products, services, information, or other material You purchase or obtain through the Licensed Application will meet Your requirements.

    4. 14.4.

       You acknowledge that the Licensor does not control the transfer of data over communications facilities, including the internet, and that the Licensed Application may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.

    5. 14.5.

       The Licensor assumes no responsibility towards any delays, delivery failures, or other damages resulting from such issues.

    6. 14.6.

       No warranty is provided for the Licensed Application that is not executable on the Device, that has been modified without authorisation, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories by You or third parties, or for any other reason outside of the Licensor’s sphere of influence that affect the executability of the Licensed Application.

    7. 14.7.

       You are required to inspect the Licensed Application immediately upon installation and notify the Licensor about any issues discovered without delay. The defect report shall only be taken into consideration and further investigated if it has been communicated within a period of 7 (seven) days from licensing. In case it is confirmed that the Licensed Application is defective, the Licensor reserves the choice to remedy the situation either by means of resolving the defect or substituting delivery.

    8. 14.8.

       In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the relevant App Store operator, and the App Store operator may, where applicable, refund the purchase price (if any) paid by You for the Licensed Application in accordance with its applicable terms and policies. To the maximum extent permitted by applicable law, the App Store operator shall have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Licensed Application to conform to any warranty shall be the sole responsibility of the Licensor.

15. 15.

    LIABILITY

    1. 15.1.

       Under no circumstances shall the Licensor be held liable to You or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, goodwill, business opportunity, revenue, data, or data use, whether arising from contract, tort, or any other legal theory, in connection with the use of the Licensed Application or any data derived therefrom, even if the Licensor had been notified of the potential for such damages.

    2. 15.2.

       The Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties, the Licensor may be liable for slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

    3. 15.3.

       The Licensor takes no accountability or responsibility for any damages caused due to breach of duties.

    4. 15.4.

       In no event shall the aggregate and total liability of the Licensor exceed the amount paid by You towards the procurement of the Licensed Application or any features, subscriptions and/or benefits thereof.

16. 16.

    INDEMNIFICATION

    1. 16.1.

       You agree to defend, indemnify, and hold harmless the Licensor and its affiliates, subsidiaries, parent entities, licensors, service providers, and each of their respective directors, officers, employees, agents, representatives, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, losses, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to:

       1. 16.1.1.

          Your access to, use of, or misuse of the Licensed Application;

       2. 16.1.2.

          Your breach of this Agreement or any applicable law, regulation, or third-party right;

       3. 16.1.3.

          any content, information, data, materials, or communications submitted, uploaded, transmitted, published, shared, or otherwise made available by You through the Licensed Application;

       4. 16.1.4.

          Your infringement, misappropriation, or violation of any intellectual property rights, privacy rights, publicity rights, contractual rights, or other rights of any person or entity;

       5. 16.1.5.

          any fraud, negligence, wilful misconduct, unlawful act, or omission by You; or

       6. 16.1.6.

          any dispute, interaction, transaction, or relationship between You and any other user, third party, or service provider arising from or relating to the Licensed Application.

    2. 16.2.

       The Licensor reserves the right, at Your expense, to assume the exclusive defence and control of any matter subject to indemnification by You, and You agree to cooperate fully with the Licensor in the defence of such matter. You shall not settle any claim subject to indemnification without the Licensor's prior written consent where such settlement imposes any obligation, admission of liability, or restriction upon any Indemnified Party.

    3. 16.3.

       The obligations contained in this Section shall survive the suspension or termination of this Agreement and Your use of the Licensed Application.

17. 17.

    TECHNICAL SUPPORT

    1. 17.1.

       The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address: support@tryuforia.com.

    2. 17.2.

       The scope for such maintenance and support services shall be strictly limited to the functionality of the Licensed Application.

18. 18.

    LEGAL COMPLIANCE

    1. 18.1.

       You represent and warrant that (a) You are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country; and (b) You are not listed on any United States Government list of prohibited or restricted parties.

    2. 18.2.

       You agree to comply with all applicable export control, sanctions, and trade compliance laws and regulations in connection with Your use of the Licensed Application.

19. 19.

    RELATIONSHIP BETWEEN THE PARTIES

    1. 19.1.

       For the sake of clarity, it is hereby expressly agreed that the execution of this Agreement does not create any employer/employee or principal/agent relationship between You and the Licensor. The relationship between You and the Licensor is that of licensee/licensor and on a principal to principal basis.

20. 20.

    MISCELLANEOUS

    1. 20.1.

       Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Licensor and You with respect to the subject matter hereof, and is intended as the final expression and complete and exclusive statement of the terms thereof, superseding all prior or contemporaneous agreements, representations, promises and understandings, whether written or oral. This Agreement may be amended or modified only by an instrument in writing signed by both parties.

    2. 20.2.

       Waiver: No waiver of any breach of this agreement shall constitute a waiver of any other breach of the same or other provisions of this agreement, and no waiver shall be effective unless made in writing.

    3. 20.3.

       Relationship: For avoidance of doubt, it is clarified that this agreement contemplates a relationship between You and the Licensor on a principal to principal basis. It is further clarified that the execution of this agreement does not create a joint venture, partnership, employment, or agency relationship between the contracting parties.

    4. 20.4.

       Assignments: The Licensor reserves the right to assign any or all of its rights and obligations to others at any time.

    5. 20.5.

       Vis Majeure: The Licensor shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any event beyond their reasonable control.

    6. 20.6.

       Equal Protection: You agree that the terms of this Agreement shall not be construed against the Licensor by virtue of having drafted them.

    7. 20.7.

       Execution through Electronic Means: You hereby waive any and all defences You may have based on the electronic form of this Agreement and the lack of signing by the contracting parties hereto in execution of this Agreement.

    8. 20.8.

       Severability. Any provision of this Agreement held or determined by a court (or other legal authority) of competent jurisdiction to be illegal, invalid, or unenforceable in any jurisdiction shall be deemed separate, distinct and independent, and shall be ineffective to the extent of such holding or determination without (i) invalidating the remaining provisions of this Agreement in that jurisdiction or (ii) affecting the legality, validity or enforceability of such provision in any other jurisdiction.

21. 21.

    CONTACT INFORMATION

    1. 21.1.

       In case of any questions or queries relating to Our Platform, including these Terms, We encourage You to contact Us at the following details :

Support page: Profile → Settings → Help & Support
Phone number: +91 7397730682
Email: support@tryuforia.com
Postal Address: No. 43 Residency Road, Shanthala Nagar, Ashok Na, Richmond Town, Bangalore, Bangalore North, Karnataka, India, 560025.