VIND TERMS OF SERVICE

Revised 05 June, 2018

Vind (“Vind” or “we”) offers users (“Users” or “You”) global phone community services transacted through various software applications and services, including but not limited to the “Vind” application.


These Terms of Service and the Vind Privacy Policy (the “Terms”) will govern Your use of Vind application, website, web service API, tools or other services and features provided by Vind from time to time (collectively “Services”). By accessing or using any of the Services, You agree to be bound by these Terms. Where other third party services are made available as part of our Services, then the respective third party terms of service and privacy policy shall apply to any such use by You. If You are registering with Vind as a business entity, You represent that You have the authority to legally bind that entity. For Vind SDK and Vind Priority Users specific terms apply in accordance with the respective agreements for such services. For API Users, additional provisions apply in accordance with the API License Addendum (which is incorporated by reference into these Terms).

Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into these Terms.


1. Personal Information

We are firmly committed to the security and protection of personal information of our Users, their contacts and the Services. The Vind Privacy Policy describes how we collect, use, share and process personal information and You acknowledge and agree that Vind may collect, use, share and process personal information as described therein.


2. Grant of Rights

Except as otherwise agreed separately in writing between us or as set forth in the API License Addendum and subject to Your compliance with these Terms at all times, Vind grants You a personal, non-exclusive, non-transferable and limited right to use the Services for Your own personal, non-commercial use. You are not allowed to use the Vind Services on any device that You do not own or control. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Vind application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent expressly permitted by these Terms or may be permitted by the licensing terms governing use of any open source components included in the Vind application).

You are not granted any right to use Vind’s name, trademarks or other commercial symbols. All rights not expressly granted to You under these Terms shall be retained by Vind.

In case You wish to use any part of the Services as a part of Your own application or modify any part of the Services, such use is subject to Vind’s prior written approval and that You enter into a separate license agreement with Vind. Any API, commercial or enterprise use of the Services shall be governed by the API License Addendum or such other separate agreement as may be required by Vind.


3. User Obligations and Restrictions

You guarantee that any information and other content, such as Your profile information and information regarding the contacts contained in Your device’s phone book, that You may share with Vind as a User of the Services (together “Content”), to the best of Your knowledge, is correct, not in violation of applicable law, will not corrupt or disrupt the Services, and that you have the right to share the Content with Vind in order for Vind to provide the Services and share the Content with other Users.

Except as otherwise agreed separately in writing between us, or as set forth in the API License Addendum, You shall not make any commercial use of the Services or the Content or otherwise transfer for value the Services or the Content. You agree not to challenge Vind's rights in, or otherwise attempt to assert any rights in, the Services or any Content provided by other Users, except those rights explicitly granted under these Terms. You agree to use the Services and Content only as expressly permitted under these Terms.

You agree not to use the Services, Content or information to attempt to circumvent the regular operation of the Services, or reduce the fees or consideration that we may derive from the Services by any means including by creating multiple accounts, redirecting traffic, following other fraudulent or deceptive practices, creating a parallel repository thereof, or seeking to by-pass the Services or compete with us.

Scraping of any information contained in the Services, including any Content and any third party information accessible via the Services, is strictly prohibited.

You may not use the Services or the Content in any way, which is illegal, harmful, or may be considered offensive by Vind, other Users or third parties. You agree not to exploit the Services or the Content in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity. You further agree not to use our Services or Content in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and You acknowledge and agree that Vind is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Services. Notwithstanding any other remedies available to Vind, You agree that Vind may suspend or terminate Your use of the Services without notice if You use the Services or the Content in any prohibited manner, and that such use will be deemed a material breach of these Terms.

You may contact Vind at support@vindapp.com to report any violation or infringement of Your rights by Users of the Services.


4. Proprietary Rights

The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Vind and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Services subject to these Terms and no intellectual property rights are or will deemed to be transferred or licensed to You except as contemplated herein.


5. Unmoderated Content

Any Content that is not published by Vind, i.e. that You or other Users post or communicate directly in or on the Services, including User information, User profile information, status updates and messages sent via the Services may not be previewed by Vind. For such unmoderated Content, Vind will not be liable for the publication. We will indicate any unmoderated or moderated Content published in or on the Services.

You are solely liable for any content that You post or communicate directly in or on the Services and You agree to only post or communicate content that: is true and not false or misleading; is not likely to be deemed threatening, disparaging, defamatory, pornographic, racially or ethnically offensive, discriminatory, insulting, slanderous or otherwise illegal or inappropriate; belongs to You, or which You have a right to distribute; does not constitute an infringement of the intellectual property or privacy rights of any third party; does not constitute information that you are not legally entitled to distribute (such as insider information or confidential information); does not contain any unsolicited or unauthorised advertising, promotional material, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; and does not contain software virus or any other technology that may harm the Services, or the interests or property of our Services or the other Users of the Services. is accurate, fair, and is not disparaging of us, the Services or other Users. Further, You agree to be fair, accurate and non-disparaging while reporting numbers, leaving comments, suggestions, feedback, testimonials and reviews on or about the Services. Vind appreciates the opportunity to be notified of any objectionable user generated content posted or communicated by a User directly in or on the Services. Please contact us at support@vindapp.com to report any objectionable user generated content. Vind hereby reserves the right in its absolute discretion to remove any user generated content from the Services.


6. Third Party Content

The Services may contain links to external content provided by third party websites and services. Such third party content, websites and services may be subject to the respective third party terms and conditions and Vind will not be liable for any such third party content, websites or services.


7. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIND MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SERVICES ARE PROVIDED “AS IS” AND YOU AGREE THAT THE SERVICES ARE USED AT YOUR OWN RISK.

You understand and acknowledge that the Services may be unavailable from time to time and that Vind will not be liable for Your inability to use the Services for whatever reason.

Vind makes no warranty or representation that the Services are available for use in any particular location. To the extent You choose to access and use the Services, You do so at Your own initiative and are responsible for compliance with any applicable laws in connection with such access and use of the Services.


8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT VIND SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, even if advised of the possibility of such damages. In particular, and without limitation, Vind shall have no liability for any information stored or processed within the Services, including the costs of recovering such information. Your only right or remedy with respect to any problems or dissatisfaction with the Services, is to delete your account and uninstall the Vind application and cease to use the Services.

VIND SHALL NOT BE LIABLE FOR THE VALIDITY, RELIABILITY OR CORRECTNESS OF THE CONTENT AND INFORMATION PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES. ANY USE OF THE CONTENT AND INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK.

Nothing in these Terms shall limit or exclude our liability for any liability that mandatorily cannot be limited or excluded by law, including any rights You may have as a consumer under mandatory consumer law.


9. Business Information

You can use any business or service in Vid application. Vind will provide only the information about the business including business name, location, images, logo, location on map, phone numbers, emails, website, working hours, features etc. to the users, Vind do not own any business added in Vind application. Any image or content added under business information must be owned by user who added the business. Vind has complete authority to remove any objectionable content, image or business on any complaint received or on if any copyright issue occurs.


10. Features of the Service

The Service includes a number of features which may or may not be available to you depending on which features you elect and, where required, pay or subscribe to use. Some of the Service features require Mobile Software to be installed on the devices that the features apply to. This section identifies some of the types of features that are part of the Service, and that may be available for you to use or pay or subscribe to use, along with important information about those features.

a. Location Information Features

There are features that are designed to collect and share location information, about you and other individuals who use the Service. These features require the corresponding Mobile Software to be installed on the device for which location data will be provided, and the features may not work if the corresponding settings to allow the collection and sharing of information and location information are not enabled. In addition, the features may not work for a variety of reasons, such as if the device that the Mobile Software is installed on is not powered on and connected to the wireless service provider’s network (e.g., it will not work if the phone is connected to a wi-fi network), if location services are turned off, if the Service is not being used or is blocked on the device, etc. If you use features designed to collect and share location information, the Service will periodically access and collect information about your device and location (such information will be Company Content under this Agreement). By using the features designed to collect and share information, you represent and warrant that you have consented, to use the service and to allow it to access and collect such information.

b. Driver Behavior

Certain driver behavior monitoring and tracking features may be offered as part of the Service. These driver behavior monitoring and tracking features track (where available) details about driving behavior. Please do not use the Driver Behavior or Driver Behavior Premium services in a way that distracts you while driving, or that interferes with your ability to follow traffic laws. For driver behavior monitoring and tracking features to function, the corresponding Mobile Software must be installed on your phone, and your phone must be with you while you are driving. Your phone must be powered on and properly functioning for the driver behavior monitoring and tracking features to work, and the service may not function if you are driving outside of your wireless service coverage area for the phone that the Mobile Software for the driver behavior monitoring and tracking features is installed on or if your phone is otherwise not connected to your wireless service provider’s network. Either service will periodically access and collect information about your phone and driving activity that can be detected by the phone, including the speed of your automobile, braking habits, distracted driving, distances and precise routes driven, other driving events and behavior, etc. (such information will be Company Content under this Agreement). The driver behavior monitoring and tracking features may collect this information for any motor vehicle that you are in, even if you are not the driver. If you do not have permission from the driver to collect this information, please be sure to deactivate the driver behavior monitoring and tracking features. By using either service in a motor vehicle, you represent and warrant that you are the driver and have consented, or that have obtained consent from the driver, to use the driver behavior monitoring and tracking features and to allow them to access and collect such information.


11. Additional Policies and Information About the Service and Service Features

This section contains additional policies and information about the Service and Service features including geographic coverage information, billing policies, and pricing and payment terms.

a. Billing Policies

Vind may offer certain features or services for which a fee will be payable (“Paid Services”). Your purchase of the Paid Services may be subject to foreign exchange fees or differences in prices based on location. If You purchase or subscribe to such Paid Services, You agree to pay us the applicable fees (“Vind Fees”) and taxes in accordance with the applicable third party payment and billing terms, based on the platform You are using, which are incorporated herein by reference. You will be charged the applicable fees and taxes during the subscription period unless You cancel the Paid Service, in which case You agree to still pay these fees through the end of the applicable subscription period. We may change the Vind Fees from time to time by posting the changes in or on the Services or by notifying You in advance. All fees are, except as otherwise expressly provided herein or as required by applicable law, non-refundable. Failure to pay these fees may result in suspension or termination of your Service or subscription.

Depending on what platform You are using, prepaid fees for the Services may be connected to Your device as well as its phone number. Therefore, in some cases, if You change the device or its SIM-card, You cannot transfer the balance to a new device or SIM-card and no refund will be available in such cases. Any remaining balance of prepaid fees not used within twelve (12) months from the purchase will expire without any right of refund.

You acknowledge that You are fully responsible for the Internet connection and/or mobile charges that You may incur for using our Services. Please consult Your carrier, mobile operator, etc. for further information.

1. Subscription/access fees are payable in advance:- All subscription and access charges for the Subscription Features are payable in advance. Company is not responsible for any charges or expenses you incur resulting from charges billed by Company in accordance with this Agreement (e.g. overdrawn accounts, exceeding credit card limit, etc.). By providing a credit card number or other payment method with advance authorization features (e.g. some PayPal accounts, or in-app payments such as from third parties like Apple or Google), you authorize Company to continue charging the payment method for all charges due Company until your account is settled and your subscription is terminated by either you or Company. Company reserves the right to limit the number of accounts that may be charged to a credit card or other payment or identification method per unique user.

2. Subscription accounts may have a trial period:- After initial registration of certain Subscription Features, you may be given an initial trial period beginning with your first login to your account. You may cancel your account at any time during the trial. If you want to change your account type, you may do so at any time (either before or after the trial period). You are limited to one trial per person (credit card or other unique payment or identification method) for any 12-month period. If you do not cancel your account during the trial, you will be charged based on the account type you selected during registration. To cancel a subscription to a Subscription Feature at any time, send an email to support@vindapp.com.

3. Payment methods:- Company accepts credit and debit cards issued through VISA, MasterCard, American Express, and Discover.   Company also accepts in-app payments such as from third parties like Apple or Google.   Company requires that you provide the security code for your debit or credit card to help protect against the unauthorized use of your card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa, or MasterCard). In the event that Company is unable to charge the card you have provided (e.g., expired credit card), Company will send you a notice to update your card information. You will have a 14-day grace period to update your billing information. If the account is not updated within the 14-day grace period, Company will terminate your subscription.

4. Pricing Changes:- Prices for Subscription Features may change from time to time, in Company’s sole discretion.  If they do, and you currently have Subscription Features, Company will provide you with notice of the change through the Service or in email to you, at Company’s option, at least 30 days before the change is to take effect. Your continued use of the Subscription Features after price changes become effective constitutes your agreement to pay the changed amount.  If you do not agree to the new prices, please follow the instructions in the “Closing Your Account” section below.  You (and not Company) are responsible for any charges or fees payable to third parties in connection with the Service, such as ambulances and other emergency responders.

5. No Refunds:- You may cancel your account at any time; however, there are no refunds 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. Upon cancelling any Subscription Features, your subscription will be valid until your paid period is completed.


b. Battery Usage

Use of the Service or Service features that require the use of Mobile Software may use a significant amount of power from the battery of any device that the Mobile Software is installed on.  You may wish to limit your use of these or other services on your device to the times when they are necessary (e.g., you may want to turn off certain Service features when you are not driving, or you may want to turn off other applications and services when you are driving), or where possible, you might wish to keep your phone plugged into a power source. 


c. Security

Company cares about the integrity and security of your personal information. 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.


12. Closing Your Account

You may cancel your Subscription Features at any time. To cancel your Subscription Features, email support@vindapp.com. If you send an email, include your name, the email address you registered with, and a phone number where you can be reached. In general, your account will be canceled within 5 business days of your cancellation request.


13. Termination

Your right to use the Services continues until these Terms are terminated. Vind may terminate the Terms and Your use of the Services at any time with thirty (30) days’ advance notice. You may terminate the Terms at any time by uninstalling the Vind application and ceasing the use of the Services. These Terms will automatically terminate if You fail to comply with them. Upon any termination, You agree to cease using the Services. Upon termination by You, or by Vind due to Your breach of these Terms, You will not be refunded any license fees or other prepaid fees, if any. Upon termination by Vind without cause, You will be refunded any unused prepaid fees upon Your written request, provided a receipt of such fees and a clear payment instruction are included in Your request. Provisions of sections Disclaimer of Warranties, Limitation of Liability, Termination and Governing Law shall survive any termination of these Terms.


14. Privacy

We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy.


15. Assignment

Vind reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.


16. Additional Terms and Changes

As Vind provides global Services, additional Terms of Services may apply to Users in certain jurisdictions and will in such cases be made available in appendices and incorporated here to.

Vind may change the Services at any time, such as by adding or removing features or discontinuing the Services. Vind also reserves the right to modify these Terms at any time by providing revised Terms to the User or by publishing the revised Terms within the Services. In case of material changes, the User shall always be notified thereof and provided the option to immediately terminate the Services. If You choose to terminate the Services, You will be refunded any unused prepaid fees upon Your written request, provided a receipt of such fees and a clear payment instruction are included in Your request. The revised Terms shall become effective upon such publishing or notification to the User. You will always find the latest version of these Terms at www.vind.com. Any continued use by You of the Services following publication or notification of revised Terms shall constitute Your acceptance to the revised Terms.


17. Governing Law

These Terms shall be governed and construed in accordance with the laws of India, excluding its choice of law rules. All disputes arising out of or in connection with these Terms shall be adjudicated exclusively in India, with the District Court of Jaipur as the court of first instance.


18. Support

Vind strives to provide adequate and efficient technical support, upgrades and updates for the Services. Vind shall, however, not be under any obligation to provide support or maintenance for the Services under these Terms and reserves the right to limit or discontinue the support, upgrades and updates provided from time to time. You can drop an email at support@vindapp.com for any concern.