Effective: July 29, 2016
1. Basic Terms
- You must be at least 13 years old to use the Service.
- You are responsible for keeping your password secret and secure.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients or minors (for authorised guardians), Tuito prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Tuito upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
If you purchase any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
- Taxes are calculated based on the billing information that you provide us at the time of purchase.
- We may offer various virtual goods and services (all of which we call "Virtual Products") that you can purchase and use through the Services. You don't own these Virtual Products; instead you buy a limited revocable license to use them. You'll always be shown the price for Virtual Products before you complete a purchase. We will also inform you on how to use Virtual Products at the time of purchase.
- Tuito App does not handle payments or payment processing for any purchases; those are handled by third-party payment providers or service providers (such as, Apple's App Store and Google's Play Store, among others). Some third-party service providers may charge you sales tax, depending on where you live. Please check the third-party service provider's relevant terms for details.
- We also provide you Fee Payment Solution for payment of fees of school, college, learning centre, coaching centre etc. For this service we use third party service provider. We may also charge Internet handling fees / Processing fees for such services.
- We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services.
- Provided that automatic renewals are allowed in your country and state, we will inform you by email before automatically renewing your Services, unless purchased on a subscription basis. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.
- Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Tuito has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
- You may cancel a Service at any time, with or without cause. Please send an email to us for details on the cancellation process and formalities prevailing at that time. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; or (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
- We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term
- If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
- If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s).
4. Notifications and Service Messages
You authorise us to send notifications or service messages in following way:
- By sending you Email to an address you provided.
- By sending you SMS to mobile number you provided.
- By sending you Notification through Tuito App.
- By sending you banner notification in Tuito website or other services.
5. Rights We Grant You
- Tuito grants you royalty-free, non-assignable, non-exclusive, revocable license to access and use the Services.
- Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
- You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
- You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.
- If you change or deactivate the mobile phone number that you used to create a Tuito App account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.
- You are responsible for your profile on Tuito App which you may use to showcase your Resume, CV or profile to any third party person or business entity as long as you hold your own self responsible for accuracy of such details.
- We allow you to record, broadcast, post videos or photos through our services and it is your responsibility to follow section 9 of this Term of Use related to Copyright and IP.
- You are responsible for your submissions such as texts, photos, videos and other communications submitted by you as well as automatic submissions collectively called “submissions”. These Status Submissions may be hosted, shared, and/or published as part of the Tuito Service, and may be visible to other users of the Service who have your mobile phone number or are in the network (as added by you or added by Tuito through other services) in their mobile phone or online web based portals or websites and which you have not expressly blocked.
- You shall be solely responsible for your own submissions as defined in above point No. 8 and the consequences of posting or publishing them. Because Tuito is only acting as a repository of data, user submissions do not necessarily represent the views or opinions of Tuito.
- We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
6. Rights You Grant Us
- Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content.
- For all Services you grant Tuito App worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content.
- Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Tuito App may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
- While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone though remain responsible for the content you create, upload, post, send, or store through the Service.
- We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
- Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Tuito App reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.
- You grant us rights and privileges to use data provided by you to analyse, make reports, use mathematical and statistical tools for evaluation, reporting, displaying through our services for users of Tuito App.
- You grant us rights and privileges to display data that maybe related to you or your ward or anyone authorised by school, college, coaching centre learning centre etc. for you to see and read and thereby participate and collaborate in reporting.
- You will be given special reporting tools through Tuito App such as Analytics, location services, online shopping, messaging or other such services which will provide you certain data of certain relevance. You will not hold Tuito responsible for correctness of such data which may or may not be provided by third party such as school, college, coaching centre learning centre etc. or by Tuito itself.
- You grant us rights and privileges to view, use, send messages, send emails, send invites to your contact list (Contact list is any list or storage of your contacts in the phone device or on third party online services such as email clients etc.).
- You grant us rights and privileges to use location based services of your device(s) phone, computer or any other device that helps us to locate or use location based services which can be used to offer you other location based services offered by Tuito.
- You grant us rights and privileges to delete your account with Tuito for reasons like inactive usage for than 6 months or any other reason without notifying you.
- You grant us right to offer you courses, links to schools and colleges or educational institutions through email or through banners or through the App.
8. Messaging via Tuito App
Tuito App allows you to send messages, we do not take responsibility for any content that is shared through link or text. We try deliver the message through our technology however we do not guarantee of delivery of such messages and do not take responsibility of delivering emergency messages.
- We’ll notify you before we make changes to these terms.
- If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on our website www.tuitoapp.com
- Your continued use of the Our Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
10. Reporting Copyright and Other IP Violations
- We respect other people's rights, and expect you to do the same.
- If you repeatedly infringe other people's intellectual property rights, we will disable / deactivate your account when it is appropriate.
- You are responsible to be careful while sharing, posting, recording, broadcasting videos, photos or any other way through Tuito App that does not violate any law related to Copyright or other IP Laws.
- You must also respect Tuito’s rights. These Terms do not grant you any right to:
- Use branding, logos, designs, photographs, videos, or any other materials used in our Services; copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms; use the Services or any content on the Services for any commercial purposes without our consent.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Tuito, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms. Choice of law and place to resolve disputes.
You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Jammu, Jammu and Kashmir, INDIA, for all disputes arising out of or relating to these Terms or the Services that are heard in court (including arbitration and small claims court).
TUITO CONSULTANCY PVT. LTD., AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. TUITO CONSULTANCY PVT. LTD. DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
14. Limitation of Liability
IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF THESE TERMS), YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER, FROM TUITO CONSULTANCY PVT. LTD. OR ANY AFFILIATES, RESELLERS, DISTRIBUTORS, THIRD-PARTY APPS AND SERVICES PROVIDERS, AND VENDORS, DIRECT DAMAGES UP TO AN AMOUNT EQUAL TO YOUR SERVICES FEE FOR THE MONTH DURING WHICH THE BREACH OCCURRED (OR UP TO INR 500.00 IF THE SERVICES ARE FREE). YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOESN'T FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING OR ANY CLAIMS RELATED TO THESE TERMS, THE SERVICES, OR THE SOFTWARE RELATED TO THE SERVICES.
15. Binding arbitration and class action waiver If You live In (or If a business your principal place of business is in) the United States.
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Council under the Indian Arbitration & Conciliation Act 1996, and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. "We," "our," and "us" includes TUITO CONSULTANCY PVT. LTD.
Tutio, Tuito App.
Disputes covered—everything except IP:The term "dispute" is as broad is it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, your Tuito account, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
Mail a notice of dispute first:If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by registered post to Tuito Consultancy Pvt. Ltd.’s address which can be found on our website www.tuitoapp.com. Tell us your name, address, how to contact you, what the problem is, and what you want. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
Arbitration Procedure:The Indian Arbitration Council will conduct any arbitration under its Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.
Must File Within One Year:You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes—see section 15.a) within one year from when it first could be filed. Otherwise, it's permanently barred.
Rejecting future arbitration changes:You may reject any change we make to section 14 (except address changes) by sending us notice within 30 days of the change by Registered to the address in section 14B. If you do, the most recent version of section 14 before the change you rejected will apply.
Severability:If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of section 15 is found to be illegal or unenforceable, that provision will be severed but the rest of section 15 still applies.
If you have any questions about this Agreement, please contact us.