Terms of service

I. IDENTITY AND NATURE

I Cube Access is a Private Limited Company (hereinafter, THE FIRM) constituted and registered in and under the laws of the Republic of India (Bharat) and is promoted and backed by Mr. Kaushal Patel having 11 years of professional experience working in Telecom Domain and having extensively worked with Vendors & Operators both in India & abroad. The working experience also includes working in the Core of Telecom Networks & technology deployment of 2G, 3G with key projects deployment green field circles and in furtherance of aforesaid “CTunes” is innovatively designed, developed and created / framed / the application available / accessible on / from the website or any portal whereon THIS APP is hosted (hereinbefore and after referred to as “THIS APP”) by the firm. The firm being and having innovatively designed / structured THIS APP and hence being exclusively owned, held and affirmed to be solely belonging to the firm as the original creator and hence the copyrights as subsisting therein are confirmed to be held by the firm.

II. ORIGINAL LANGUAGE OF THIS AGREEMENT

This Agreement has been drafted in English under the Laws of the Republic of India (Bharat) and irrespective of any translations as may be caused by you and for you, for the purposes of understanding the terms hereof, the terms hereof are and shall construe and bear the meaning and interpretation as is contained in the English Language. It is understood and confirmed that the acceptance hereof is caused with due and proper understanding with all the contents hereof through every / required recourse to the relevant measures, facilities for the same and upon acceptance of these terms, it shall be deemed that you have understood the terms in English language or translated in any other language for the purposes of understanding and acceptance hereof.

III. FORMATION OF CONTRACT

  1. The formation of contract and the privity between the firm and the user (hereinbefore and after referred to as “YOU” OR “YOUR” or any person accessing and / or using THIS APP or defined under the eligibility to use clause as a accessor / user) is and shall occur and be automatically and immediately constituted on and upon you clicking the acceptance hereof for proceeding for the download and / or installation of THIS APP on your device for the use of THIS APP. The contractual privity which is consisting of the present terms and the governance thereof in terms hereof shall become effective and enforceable by virtue of your acceptance and consent of these terms at / before you use the present THIS APP.
  2. This Agreement and the terms and conditions listed in the Privacy Policy or are otherwise incorporated by reference, govern the relationship between THE FIRM and you and by use / installation / access, you acknowledge that you have read and understood the terms and conditions and / or you have had availed the opportunity to consult and / or seek advice as regards the nature of the use of THIS APP and the Terms hereof. You confirm that your use of THIS APP creates a legally binding contract based on this terms of use and the terms hereof which are mandatory in nature and any use of THIS APP signifies your consent to the acceptance of these terms of use and the terms and conditions contained herein and you hereby agree to all the said terms.
  3. If you do not agree with to these Terms of Use on any count/ in any manner whatsoever which are mandatory in nature, you must not access, use, download, install or upgrade THIS APP, and you should refrain from access, use or download or upgrade THIS APP and notwithstanding the aforesaid, if you proceed / continue to use THIS APP, then it shall be deemed from your conduct that you have consented to terms hereof as the acceptance of the terms is a condition precedent to the use of THIS APP.
  4. The scope and ambit of THIS APP as are and shall be provided and permitted to be used in terms of these present, shall include Personalization & Customization of Calling Tune, Group Calling Tune, Complete Control of Calling Tune by the Users, Voice & Video Messaging Service, Editing Tools like Audio, Video & Image, Donation and shall also include the additional and / or further developed features and facilities which are and shall be included by notification and in case of such inclusion of additional features, additional terms and conditions shall be incorporated and become binding and effective by virtue of YOUR access to upgraded / revised version of THIS APP and thereupon the additional rules and regulations either as regard as THIS APP or any additional feature shall be binding and effective for all the purposes of contractual privity between you and the Firm.

IV. PRVITIY OF SERVICE, CONTENT LICENSES AND INTELLECTUAL PROPERTY RIGHTS

  1. Upon / by virtue of the formation of the contract, you are and shall be permitted to use THIS APP as provided by THE FIRM and thereby you shall be licensed to use THIS APP in terms hereof and the Terms of License as contained herein and revised / amended from time to time which are and shall be binding to you primarily by virtue of the acceptance of Terms of THIS APP for the use of THIS APP and subsequently by notification of any revision or amendment of the present terms.
  2. That your license to use THIS APP is qualified as a personal, non-exclusive, non-assignable, non-transferable, non-sublicensable and limited right to use THIS APP for your own personal, non-commercial use. You are not allowed to use the service provided by THIS APP from any device that you do not own or control and in case the device owned by you is lost or is not under your control then, forthwith / immediately, you shall be required to intimate to THE FIRM by an email on support@ctunes.biz together with your user id used on your mobile / device having ceased to be in your control etc., and THE FIRM shall upon receipt of such request shall block the use of THIS APP within 24 working hours and till such time that is after the receipt of the request to block up to the actual blocking of the use of THIS APP for your user id, you shall be solely and completely responsible for the use of THIS APP in accordance with the terms hereof and accordingly from the time of blockage of THIS APP till the fresh requisition is received by THE FIRM to use THIS APP, the license to use THIS APP shall stand suspended in terms hereof.
  3. You are not entitled to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the software of THIS APP.
  4. In any case, to use any part of THIS APP as a part of your own application or modify any part of THIS APP, such use is subject to the prior written permission of THE FIRM and subject thereto, for the same you will be required to enter into a separate license agreement with THE FIRM.
  5. You agree to respect and abide by the intellectual property rights as subsisting in the respective material used, uploaded or expressed through THIS APP and all such intellectual property rights acquired or subsisting in favour of other users shall be adhered to by you as also the intellectual property rights acquired and existing in favour of THE FIRM and third parties with reference to THIS APP. You agree that you will not publish, or submit to any part of THIS APP or otherwise, any content that is protected by the provisions of the law of Intellectual Property Rights or otherwise subject to proprietary rights, including trade secret/s or privacy rights unless you are the owner of such rights or have permission from the rightful owner to upload, publish, or submit the content and to grant THE FIRM and other users of THIS APP all of the License rights granted in these terms. It is further confirmed that in case of any change , modification or improvisation in THIS APP, if caused by you unauthorisedly or illegally even then and notwithstanding the infringement and or wrongful actions in that regard for which THE FIRM is and shall be independently entitled to initiate remedial actions against you for the same which shall be inclusive of and not limited to claim for injunction, damages, restrictions, termination of these presents and all the remedies in law and equity available / maintainable in favour of THE FIRM as per law and equity both together and hence no action, invasion wrong is and shall be caused by you in respect of THIS APP in any way violating, the ownership and proprietary rights held by THE FIRM in the same, and all the ownership and proprietary rights are and shall be vested exclusively in favour of THE FIRM by operation of these presents.
  6. You acknowledge that this Agreement does not grant to you any right to use independently in any manner whatsoever the name, trademark/s or other commercial symbols for any public or commercial purpose or infringe upon the Intellectual Property Rights or the Proprietary rights of THE FIRM subsisting and or forming part thereof of THIS APP. Therefore the permissive grant and thereby licensed to use THIS APP shall be always revocable and the shall not in any way create or confer in your favour any right in THE APP and or the proprietary or intellectual property rights forming part thereof and THE FIRM is and shall be sole, owner, holder and controller of all the ownership and proprietary rights subsisting in THIS APP which shall be inclusive of the intellectual property rights either in the nature of copyright or otherwise as may be recognised and enforceable as per the nature, identity and status of THIS APP and or any feature forming part thereof.
  7. You agree to not to use the name, trademark/s or other commercial symbols or any mark that resembles the name, trademark or other commercial symbol/s / mark of THE FIRM and / or THIS APP for any public or commercial purpose and you shall not cause or indulge in any action in violation of the aforesaid rights and or shall not infringe upon any of the Intellectual Property Rights and / or the Proprietary rights.
  8. You acknowledge that the content of THIS APP as provided or available for the use of THIS APP to you is by virtue of and under license from THE FIRM in terms hereof and independent content providers, including other users of THIS APP (hereinafter, “content providers”). You acknowledge and agree that except as expressly provided in this agreement the Intellectual Property Rights of THE FIRM, the content providers or any third party in their respective content are not licensed to you by your mere use of THIS APP. You must obtain from THE FIRM, the applicable content providers or any third parties, any necessary license rights in content that you desire to use or access.
  9. You agree that you will not copy, transfer, or distribute outside THIS APP, any content of THIS APP or the content providers, in whole or in part or in modified or unmodified form, or infringe or violate any Intellectual Property Rights of THE FIRM, other content providers or any third parties.
  10. THE FIRM reserves the right but is not obligated to create or use technological measures designed to prohibit the copying, transferring, publishing or otherwise distributing the contents of THIS APP or the content providers however it is confirmed that such copying, transferring, publishing or distributing shall be violative the Intellectual Property Rights of THE FIRM, other content providers or any third parties.
  11. Your use of the content of THIS APP is at your own risk and THE FIRM is and shall in no way be liable or responsible to or for any consequence direct or indirect, fiscal or operational or otherwise to and in your instrument or in any of the software/s or any function or any software or hardware forming part of your device or to you in any manner whatsoever. You are solely responsible and liable for your use, reproduction, copy, transfer, publishing and / or distribution (hereinafter, “your illegal act”) of the contents of THIS APP, the other content providers or any third parties and you agree to defend and indemnify THE FIRM and hold that THE FIRM shall be indemnified and exempted from performing monetarily or otherwise towards any claim, losses or damages arising from your illegal act or any act concerning and or arising out of the use of THIS APP .
  12. The use of THIS APP by you for and on your electronic device of any type or nature whatsoever shall consume / occupy storage space in the same and THE FIRM is and shall in no way be responsible for either the consumption or consequences of such use of the storage space in or on your device and any effect on the operation, efficiency, efficacy or functioning of the device in any manner whatsoever. Further THE FIRM is and shall also be not responsible for any consequence that may arise out of configuration between THIS APP and your device.
  13. The use of THIS APP shall require the internet connection on your device and the charges or the quantum of usage for the internet connection on account of use of THIS APP on your device shall be solely at your cost and responsibility and THE FIRM is and shall in no way be responsible for any cost, consequences or charges or any liability in relation to the internet connection or the service provider of the same.
  14. The use of THIS APP includes the process to upload the data such as voice files, images, videos and therefore notwithstanding the aforesaid the operation of THIS APP is and shall not be used as and for the purposes of storing, uploading the data as aforesaid and hence in case and if you upload your data as a part of / in the course of the use of THIS APP, the same is and shall be solely used / controlled / managed by THE FIRM and THE FIRM is and shall be exclusively entitled to monitor, manage, maintain, control, delete / erase or remove any or all the contents of data contained or received on the server by virtue of the use of THIS APP from time to time and thereby the image, video and or voice files as have been uploaded for use as a part of THIS APP shall be deleted from the server and shall not be available for use on THIS APP and thereby you shall not use THIS APP to store any image, voice files and or video and if any image, video and or voice file is not saved / stored elsewhere and is only stored on the server of THIS APP and is either erased / deleted as a part of the policy of THE FIRM in exercise of the exclusive rights of THE FIRM vide this clause or erased or deleted on account of technical error or working in the server of THE FIRM on which the data of THIS APP is stored, THE FIRM shall not be responsible of such loss of data to you.

V. ELIGIBILITY TO USE

You are eligible to use THIS APP provided you meet all the following requirements:

  1. You must have attained the age of majority, in Republic of India (Bharat) or if you have a dual citizenship then, in the country of your residence / primary or first citizenship to accept the terms and conditions of this agreement between THE FIRM and you.
  2. You are of sound mind and are competent to contract as per the laws applicable in Republic of India (Bharat).
  3. You are accepting the terms of use of THIS APP willfully, voluntarily and with complete understanding and acceptance and without any coercion, undue influence, fraud, misrepresentation or mistake and with full understanding of the contents of the terms of use in terms hereof.
  4. You are able to enter into this Agreement, and your entering into this Agreement does not violate any other agreement or any third party’s or your legal right.

VI. JURISDICTION ALTERNATE DISPUTE RESOLUTION AND ARBITRATION

  1. By agreeing to these terms of THIS APP / use, you agree to submit and accept the exclusive and agreed course and jurisdiction of arbitration and thereby you agree and confirm to arbitrate any and all claims / disputes, differences, claims, matters, issues, problems arising out of and in any way connected with or having relation to this agreement either against THE FIRM or any body claiming for and through THE FIRM with reference to this agreement as per and according to or in terms of the Arbitration and Conciliation Act, 1996 (hereinafter, “Arb. Act”) and subject to the terms below this clause (hereinafter, “Arbitration agreement”). You and THE FIRM agree that notwithstanding any provision in this agreement, the Arb. Act shall govern the interpretation and enforcement of this Arbitration agreement.
  2. If any dispute/s arises between you and THE FIRM related to, concerning with, arising out of, in any way emerging from out of and / or connected and / or consequential or resulting out of or associated or linked with the use and / or any matter connected with the use, operation, existence of THIS APP, then in the eventuality of emergence of any such dispute/s as referred to above, you and THE FIRM agree to refer and take recourse to Alternate Dispute Resolution (ADR) in the nature of arbitration to conducted and carried out by the sole arbitrator in terms hereof. If any controversy, allegation or claim or dispute/s etc as referred to above arises out of or relates to THIS APP, the website, the content, your user content, your unsolicited ideas and materials, this agreement, your decision to enter into this agreement, any additional terms or any aspect of your relationship with THE FIRM (hereinafter, collectively, “dispute”), then you and THE FIRM agree to send a notice to the other providing a reasonable description of the dispute along-with a proposed resolution of the dispute. For the purposes of sending a notice to you, THE FIRM will use the most recent of your contact information from its user database as provided and updated by you on THIS APP. You are obligated to keep your contact information current and accurate for governing the privity of this agreement otherwise the address / contact details submitted by you last on the data base of THE FIRM is and shall be deemed to be proper and good for all the purposes of this agreement and or every communication / notice in furtherance hereof. Your notice must be sent to: -132, Patolia Pole, Gendigate Road, Mandavi, Vadodara- 390001, Gujarat, India, email info@icubeaccess.com. You and THE FIRM shall for a period of 15 days attempt to resolve the dispute. If THE FIRM cannot resolve the dispute within 15 days of the notice to resolve, then, either you or THE FIRM may elect to submit the dispute to ARBITRATION.
  3. THE FIRM is hereby authorised to appoint the sole arbitrator for the purposes of adjudicating or resolving any dispute as aforesaid. The arbitration award shall be binding on you and THE FIRM.
  4. All parties to the arbitration will, at their own expense, have the right to be represented by an advocate of their choosing.
  5. The Arbitration will be conducted in the city of Vadodara, Gujarat, Republic of India only and shall be subject to and be governed by the laws applicable to the state of Gujarat in the Republic of India only and the venue and or jurisdiction for arbitration and or matters concerned with either before, during or after arbitration shall subject to the exclusive jurisdiction of judicial authorities / Honourable Court at Vadodara.

VII. CONDUCT BY USERS

  1. You agree to abide by certain rules of conduct, including any applicable community standards, morals, practices, traditions, customs prevailing in the region, local laws, rules, regulations, international standards / practices where you are and shall use and access THIS APP for and during the course of exercising the permission in respect of THIS APP you are using and other rules prohibiting illegal and other practices that THE FIRM deems harmful, improper, unauthorised, immoral and or in any way wrong or detrimental to larger rights of public society and nation.
  2. You are solely responsible for your interaction with other users of THIS APP, whether online or offline. THE FIRM is not responsible or liable for the conduct or content of any user and thereby you may rationally decide to accept the requests of the other users along with the images, videos and or voice files set by them. THE FIRM reserves the right, but not the obligation, to monitor or become involved in disputes between you and other users though however THE FIRM is and shall in no way be concerned or liable with any merit, matter or consequence arising there from.
  3. You are advised to exercise common sense and your best judgment in your interactions as a prudent person with others (e.g. when you submit any personal or other information) and in all of your other online activities while and during the course of the use THIS APP.
  4. You will not post or transmit prohibited Content, including any Content that is illegal, harassing or violates any person's rights and / or any other rights recognised or enforceable by the respective / local laws as applicable to THE FIRM and or the user/s. You agree that you will not (i) Post, display, or transmit Content that violates any law or the rights of any third party, including but not limited to the Intellectual Property Rights. THE FIRM reserves the right to request at any time proof of permissions as regard the authority or authenticity, propriety concerning any content or use of material as a part of use of THIS APP in a form acceptable to THE FIRM. Failure to provide such proof may lead to, among other things, removal of such Content from THIS APP; (ii) Impersonate any person or entity without their consent, or otherwise misrepresent your affiliation, or if you are an adult, impersonate a minor for the purpose of interacting with a minor using THIS APP; (iii) Stalk, harass, or engage in any sexual, suggestive, lewd, lascivious, or otherwise inappropriate conduct with minors or any other user without the user’s express consent on or through THIS APP; (iv) Post, display, or transmit Content (including any communication(s) with employees of THE FIRM) that is harmful, threatening or harassing, defamatory, libelous, false, inaccurate, misleading, or invades another person's privacy; (v) Post, display, or transmit Content that is obscene, hateful, involves terrorism, or is racially, ethnically or otherwise objectionable; or(vi) Post, display or transmit any Content or conduct or host any activity that is sexual/sensual, or intensely violent. Any violation by you of the terms of this Clause may result in immediate termination of your Accounts without any refund or other compensation. (vii) Post, display, or transmit Content that is against the interest, integrity of the nation and or against the interest of society, community and or morality and thereby anything as is and can be prohibited by authority or office of the government or any law enforcement body or agency or authority appointed by the government. That any action or abatement in doing any of the act as prohibited is and shall confer upon THE FIRM absolute privilege to immediately remove such contents posted / displayed or transmitted by you and THE FIRM shall also be entitled to terminate this agreement and shall take further actions in accordance with the terms hereof without prejudice to the rights and remedies in law and equity.
  5. You agree to respect both the integrity of THIS APP and the privacy of other users. You will not (i) Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancel bots, or other computer programming routines that may harm THIS APP or interests or rights of other users, or that may harvest or collect any data or information about other users without their consent; (ii) Post or transmit unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that THE FIRM considers to be of such nature; (iii) Engage in malicious or disruptive conduct that impedes or interferes with other users' normal use of or enjoyment of THIS APP; (iv) Attempt to gain unauthorized access to any other user's Account, password or content. That any action or abatement in doing any of the act as prohibited is and shall confer upon THE FIRM absolute privilege to immediately remove such contents posted / displayed or transmitted by you and THE FIRM shall also be entitled to terminate this agreement and shall take further actions in accordance with the terms hereof without prejudice to the rights and remedies in law and equity.

VIII. PRIVACY AND YOUR PERSONAL INFORMATION

Your privacy is important to THE FIRM. The Privacy Policy hereinbelow of FIRM sets forth the conditions under which you provide personal and other information to THE FIRM. You understand and agree that through your use of the Service you consent to the collection and use of your information in accordance with the Privacy Policy of THE FIRM. If you object to the terms of the Privacy Clause, THIS APP may not be used / accessed / downloaded or upgraded by you.

IX. RELEASES, DISCLAIMERS, LIABILITY LIMITS AND INDEMNIFICATION

  1. THIS APP exists only as long as, and in the form that THE FIRM may provide THIS APP; and all aspects of THIS APP and / or its website, including your user content are subject to change or elimination.
  2. THE FIRM has the right to change, limit access to, and/or eliminate any aspect(s), feature(s) or functionality of THIS APP (including your User Content) as it sees fit at any time without notice, and THE FIRM makes no commitment, express or implied, to maintain or continue, or to permit open access to, any aspect of THIS APP. You acknowledge that your use of THIS APP is subject to this risk and that you knowingly assume it and make your decisions to participate in THIS APP, contribute Content and spend your money accordingly.
  3. THE FIRM may but will not have the obligation to display, maintain, or otherwise make use of any of your User Content and THE FIRM may, in its sole discretion, modify, delete, or otherwise make use of User Content without notice or any liability to you or any third party. THE FIRM reserves the right to treat User Content on THIS APP as content stored at the direction of users for which THE FIRM will not exercise control except to block or remove content that comes to THE FIRM's attention and is offensive, obscene, abusive, illegal or otherwise objectionable to THE FIRM, or to enforce the rights of third parties or the content restrictions set forth in this agreement, when notice of their violation comes to the attention of THE FIRM. Such User Content submitted by you or others need not, however, be maintained on THIS APP by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on THIS APP.
  4. THIS APP is a public forum and being accessible / usable by the public at large, and therefore User Content that you submit, upload may / will be accessible to and viewable by other users. Except as may be required to register and/or maintain your Account, do not submit personally identifiable information (e.g. first and last name together, password, phone number, address, credit or debit card number, medical information, e-mail address, or other contact information) on THIS APP.
  5. Except as otherwise described in our Privacy Policy or any Additional Terms THE FIRM provides to you, you agree that (i) your User Content will be treated as non-confidential and non-proprietary and will not be returned, and (ii) THE FIRM does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon the request of THE FIRM, you will furnish us with any documentation necessary to substantiate these rights and verify your compliance with this Agreement or any Additional Terms.
  6. While THE FIRM makes reasonable efforts to ensure that THIS APP / the Website is available at all times, THE FIRM does not guarantee, represent or warrant that access to THIS APP / the Website will be uninterrupted or error-free, and THE FIRM does not guarantee that users will be able to access or use all or any feature of THIS APP at all times. THE FIRM may change, suspend or discontinue any (or all) aspects of the Website at any time, including the availability of any feature of THIS APP or your particular user account, in its sole discretion. THE FIRM may also at its sole discretion and without any reference to you or other users impose limits on the use of or access to certain features or portions of THIS APP and / or the Website or restrict your access to any part or all of THIS APP and / or the Website, in all cases without notice or liability. You are prohibited from attempting to or actually accessing those portions of THIS APP and / or the Website for which you have no permission.
  7. THE FIRM is a service provider and is not responsible or liable for the Content, conduct, or services of users or third parties and or the interaction caused between you and the other users. THE FIRM is a service provider that enables its users to interact online and display and communicate information and Content chosen by those users. THE FIRM does not have any privity including and not limited to any control or the firm in any way also does not endorse the Content of communications between users or users' interactions with each other or THIS APP.
  8. The use of this THIS APP will expose you to various aspects of THIS APP involving the conduct, Content, and services of users, and that THE FIRM does not control and is not responsible or liable for the quality, safety, legality, truthfulness or accuracy of any such user conduct, User Content or user services. You acknowledge that THE FIRM does not guarantee the accuracy of information submitted by any user of THIS APP, nor any identity information about any user. Your interactions with other users and your use of User Content are entirely at your own risk. THE FIRM has no obligation to become involved in any dispute that you may have or claim to have with one or more users of THIS APP, or in any manner in any resolution thereof.
  9. THIS APP may contain links to or otherwise allow connections to third-party websites, servers, and online services or environments that are not owned or controlled by THE FIRM. You agree that THE FIRM is not responsible or liable for the Content, policies or practices of any third-party websites, servers or online services or environments. Please consult any applicable terms of use and privacy policies provided by the third party for such websites, servers or online services or environments.
  10. The nature of use of THIS APP being a license voluntarily opted for by you, upon having complete and comprehensive understanding about the details, operations, requirements and functions of THIS APP as designed and provided by THE FIRM as a service provider of the platform only, in view of the terms as regard the use of THIS APP agreed above and the nature of THE APP and its privity with you, THE FIRM is and shall not have any liability, responsibility for anything or any matter or issue or claims in any way connected or arising out of the use, operation or privity with THIS APP. Therefore THE FIRM or its promoter, officers, employees, subsidiaries agents or licensors are and shall not be responsible or liable to you or to any third party for any loss or damages of any kind, including for any direct, indirect, economic, exemplary, incidental, consequential, reliance, special, or punitive losses or damages or disgorgement or comparable equitable remedy, either for lost data or lost profits, arising (whether in contract, tort, strict liability or otherwise) out of or in connection with the service (including its modification or termination), the software, the websites, the servers, your account (including its termination or suspension) or this agreement.>
  11. That notwithstanding the aforesaid confirming absence of any privity or liability of THE FIRM vis-à-vis any issue or matter or consequence arising out of or that may arise out of the use of THIS APP, you agree to indemnify THE FIRM from claims relating to your use of THIS APP. You agree to defend, indemnify and hold harmless THE FIRM, its Promoter, officers, directors, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including but not limited to attorneys' fees and costs, arising from: (i) your User Content; (ii) your acts, omissions, or use of THIS APP, including but not limited to your negligent, wilful or illegal conduct; (iii) your breach either intentional or negligent breach by you of this Agreement, including but not limited to your representations and warranties relating to your Content; (iv) your violation or anticipatory violation of any applicable law, rule or order in connection with your use of or activities in THIS APP; (v) information or material transmitted through your Internet Device that infringes or misappropriates any Intellectual Property Right; (vi) any misrepresentation made by you; (vii) THE FIRM’s use of the information that you submit to THE FIRM; (viii) your purported "ownership" of your user account if THE FIRM deletes, terminates, or modifies your user account (all of the foregoing, "Claims and Losses") . THE FIRM reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defence of THE FIRM of such claim. You will not settle any Claims and Losses without, in each instance, the prior, written consent of an officer of THE FIRM.
  12. The use of THIS APP innovated and updated by THE FIRM, can and may involve your participation however the mere participation in the use of THIS APP shall not be treated as contribution in the development and hence does not create or vest any right in respect of the ownership or proprietary rights of THIS APP or any interest in the developed version of THIS APP in you. You acknowledge that your participation through use of and in THIS APP, including your creation or uploading of Content to THIS APP, does not constitute any privity except the permissive user of the APP exclusively owned and belonging to THE FIRM and that you do not expect to be, and will not be, compensated by THE FIRM for such activities, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, Private Limited Company, joint venture or franchise relationship is intended or created by this Agreement.
  13. Unsolicited Ideas and Materials Prohibited; No Confidential or Special Relationship with THE FIRM. THE FIRM employs a staff of designers to develop new ideas and THE FIRM solicits and receives product idea submissions from professional inventors with whom it has business relationships.

X. TERMINATION OF CONTRACT/ ACCOUNT

  1. Any violation of the terms or conditions of this Agreement is and shall constitute grounds and entitlement in favour of THE FIRM for immediate termination, cancellation, revocation, and / or the suspension at the sole option, discretion, decision of THE FIRM for and in respect of this personal, non-exclusive, non-assignable, non-transferable, non-sub licensable and limited license. No other rights are granted, implied, referred or otherwise…..
  2. You or THE FIRM may terminate your user Account(s) at any time. You may terminate this Agreement by closing your user Account(s) at any time for any reason, however, THE FIRM is and shall have no privity and / or liability for any matter, process or circumstances / issues formed and / or having come into existence prior to the closer of use of THIS APP by you. THE FIRM may suspend or terminate your Account / use of THIS APP i.e. license to use THE APP at any time for any reason. In such event, THE FIRM shall have no further obligation or liability to you under this Agreement or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse or refund as the use of THIS APP and the permissive grant / temporal license granted as granted in terms hereof and in respect thereof is non- gratuitous and revocable at the sole option and discretion of THE FIRM being a licensor.
  3. THE FIRM is and shall be entitled to terminate, cancel, revoke and / or suspend the use / license granted in terms hereof and the use and / or your Accounts pursuant to / in furtherance of this agreement for violation, deviation, breach, default of this Agreement or any of the clauses, obligations, liabilities stipulated in THIS AGREEMENT or otherwise connected with and / or as emerging from out of this agreement either as regard THIS APP or as regard THE FIRM or any third party connected with THIS APP or this agreement. THE FIRM may suspend or terminate your use / Account if you violate this Agreement, along with any or all other Accounts held by you or otherwise related to you, as determined by THE FIRM in its discretion, and your violation of this Agreement shall be deemed to apply to all such Accounts / all such users. Upon termination of your use of Accounts / temporal license granted in terms of this Agreement between THE FIRM and you will be automatically terminated and you shall not re-subscribe or restart the use / access to THIS APP through other or future Accounts you or others may set up. If violation of the above terms found by THE FIRM then in such an eventuality THE FIRM is and shall be entitled to terminate this Agreement and also additionally and simultaneously take recourse to any other measures in law and equity both.
  4. THE FIRM may terminate the present agreement / use / your Account(s) to protect the best interests of THIS APP and the community, public interest, social interest, integrity and unity of this Nation or if THE FIRM believes you pose an unacceptable risk to the community on account of or with reference to your use of THIS APP.
  5. THE FIRM may terminate your Account if THE FIRM determines in its discretion that such action is necessary or advisable to comply with legal requirements or protect the rights or interests of THE FIRM, user community or any third party.
  6. THE FIRM may terminate your Account(s) if THE FIRM learns, or in good faith believes, that you are a registered offender, that accessing THIS APP may violate a condition of parole or probation, that you have engaged in or attempted to engage in conduct with minors on THIS APP that violates this Agreement, or that you for any other reason may pose what THE FIRM deem to be an unacceptable risk to THIS APP community.
  7. THE FIRM may terminate your Accounts upon a general suspension or discontinuation of THIS APP.
  8. If THE FIRM elects to generally suspend or discontinue THIS APP, in whole or in part, for any reason, THE FIRM may terminate your Accounts. In such event, you will not be entitled to compensation for such suspension or termination, and you acknowledge that THE FIRM will have no liability to you in connection with such suspension or termination as such exercise of powers / contractual rights conferred upon THE FIRM are and shall be deemed to have been exercised in good faith on account of and / or for the reasons attributable to you, your wrongful action, breach of this agreement and / or any wrong committed by you at your end with reference to and / or as regard the use of THIS APP and therefore, you confirm the absence of any right or entitlement to claim any compensation in the event of termination or suspension of this agreement, the reasons / cause whereof is and shall always be attributable to you and / or misuse of THIS APP on your part.
  9. Upon Account termination, you will lose access to your Account and all licenses, Content, and data, and you understand and accept the aforesaid as is a risk of participating / subscribing to and in THIS APP.
  10. Upon termination of your Account, you will no longer be able to access your Account or access (or transfer or direct the transfer to any other Account) any Content or data you have stored on the Servers. All licenses granted by THE FIRM to use THIS APP will automatically terminate.
  11. You acknowledge and assume the risk of the possibility of termination of your Account as provided in this Agreement, and you represent that you will make your decisions to participate in THIS APP, contribute Content, spend your money and dispose of transferable licenses in respect of all the matters forming part of at all times knowingly based upon these risks.
  12. Upon termination, you will remain liable for liability of any nature whatsoever any unpaid amounts owed by you to THE FIRM by virtue and operation of this agreement.
  13. It is confirmed that terms of this Agreement as regard the use of THIS APP for any period prior to the termination, cancellation or withdrawal of the use of THIS APP by you / at your end concerning all the claims, rights of THE FIRM against you are and shall survive and continue after termination. The provisions of this Agreement and any Additional Terms which by their nature should survive the suspension or termination of these presents, all such terms and rights of THE FIRM are and shall survive, including the rights and licenses you grant to THE FIRM in this Agreement, as well as to the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action and mandatory arbitration including and not limited to the rights of THE FIRM provided for in this agreement to remedy and redress any wrong on your part during the subsistence of this agreement or with reference to the use of THIS APP.

XI. DEFINED TERMS

  1. Account / Account Name: the entirety of your contractual rights and obligations under this Agreement associated with a particular Account Name (defined below) you have selected for accessing THIS APP.
  2. User Content: includes the content uploaded by you or your child / guardian using and accessing THIS APP and / or the website, on THIS APP and / or the website.
  3. THIS APP collectively includes : the app and its website http://www.ctunes.biz

XII. PRIVACY POLICY

  1. The creation of a user profile on THIS APP shall be caused by registering your first name, last name, email address and phone number. The other optional information that may be provided at your option include photo, gender, street address and zip code, country of residence, email address, facebook page and twitter address. THE FIRM reserves the right to add to the information provided by you, the information from third party and thereby collate and increase the information pertaining to you as a part of its database the proprietary rights whereof are and shall remain vested with THE FIRM.
  2. THE FIRM at the time of installation / access / up gradation / use of THIS APP will collect personal information from you and any devices you may use in your interaction with our services. This personal information may include e.g.: geo-location; your IP address; device id or unique identifier; device manufacturer and type; device and hardware settings; sim card usage; applications installed on your device; id for advertising; ad data, operating system; web browser; operator; IMSI; connection information; screen resolution; usage statistics; default communication applications; access to device address book; contents of address book; device log and event information; logs, keywords and meta data of incoming and outgoing calls and messages; version of the services you use and other information based on your interaction with our services such as how the services are being accessed (via another service, web site or a search engine); the pages you visit and features you use on the services; the services and websites you engage with from the services; content viewed by you, content you have commented on or sent to us and information about the ads you see and/or engage with; the search terms you use; order information and other usage activity. THE FIRM shall collect some of this information automatically through use of cookies.
  3. Some information, including, but not limited to, usage information and other information that may arise from your interaction with the services, cannot be used to identify you, whether in combination with other information or otherwise and will not constitute personal information for the purposes of this policy.
  4. THE FIRM shall as a consideration for providing THIS APP shall be entitled to use the personal information collected to provide, maintain, improve, analyze and personalize the services to its users, partners and third party providers. THE FIRM shall use aggregated or anonymized personal information for statistical and analytical purposes. THE FIRM shall share such data with third parties upon such commercial terms as are found to be fit by THE FIRM and by virtue of this agreement you have hereby expressly given consent and irrevocable authority in favour of THE FIRM to use and exercise all the rights in respect of such data received by or through the Use of THE APP. THE FIRM shall also use any of the information collected, as set out above, to provide you with location and interest based advertising, marketing messaging, information and services. THE FIRM shall also use the collected information to measure the performance of our advertising and marketing services. THE FIRM shall contact you for verification purposes or with information pertaining to the services or special offers, e.g. Newsletter e-mails, sms and similar notifications about THIS APP and our business partners’ products and services.
  5. THE FIRM shall also use the collected information to respond to you when you contact us. THE FIRM shall also use the collected information to comply with applicable laws and to enforce our agreements and protect and defend the rights or safety of THIS APP, its users or any other person and verify provided user profile information with third party providers and ensure technical service functionality and data accuracy, perform trouble-shooting and prevent or detect fraud, security breaches or illegal activities.
  6. THE FIRM shall in addition to the sharing and disclosure of personal information as above, THIS APP may disclose personal information if THE FIRM believes such action is necessary to (a) comply with the law, or legal process served on us; (b) protect and defend our rights and the enforcement of our agreements; or (c) protect the security and safety of users or members of the public or other aspects of public importance, provided, of course, that such disclosure is lawful and or required by the Government of India or any authority constituted under the Laws of Republic of India (Bharat) .
  7. THE FIRM can and shall be entitled to share the information to trusted vendors, service providers, and other partners who support THE FIRM’s business and services, such as providing technical infrastructure services, bug testing, analyzing, measuring the effectiveness of ads and services and facilitating payments as well as potential partners who may wish to work with us to provide other services. THE FIRM will always require these third parties to take appropriate organizational and technical measures to protect personal information and to observe applicable legislation but subject thereto THE FIRM is and shall not be liable for any consequences as may arise of out of any cause or use of the data by such third parties to whom the data is and shall be shared by virtue of the rights under this clause.
  8. THE FIRM may also share personal information with third party advertisers, agencies and networks. Such third parties may use this information for analytical and marketing purposes e.g. To provide measurement services and targeted ads and for improvement of products and services. THE FIRM may disclose and transfer your information to THE FIRM’s associated or affiliated organisations or related entities and to any third party who acquires, our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets.
  9. That you confirm that irrespective of termination or cessation of the License either by you or by THE FIRM, THE FIRM shall be entitled to use the information per the terms and conditions of this clause without any liability in that regard.
  10. Facebook & Instagram user data processing information
    • What data we are processing?
      We are caching user’s photos so that user can access them even without internet.
    • How data are being processed?
      These cached data don't leave users device that means these data doesn't go to server for any processing or analytical use case, also when user remove the facebook login from our app we delete all the user data instantly that were cached earlier.
    • The purposes for which we are processing it.
      By using our app user can customize their Callscreen by setting different background on call screen including photos from their facebook/instagram accounts, for users to set these photos even if device is offline we cache the data.
    • How users may request deletion of that data
      As we don’t store any data on server, their data deletion will happen as soon as user remove their account from app or uninstall/clear cache data.

XIII. CONTACT

If You have any additional questions about THE APP, you can contract THE FIRM on the contact information:
I-CUBE ACCESS GLOBAL PRIVATE LIMITED, FF- 105, Mangaldeep Apartment, Sampatrao Colony, Alkapuri, Vadodara – 390020, Gujarat, India.
You can also send Your enquiries via email to info@icubeaccess.com.