Our Terms | Cocial

Last updated: 20/08/2024

1. Acceptance of Terms

1.1 By downloading, installing, accessing, or using Cocial Ai (hereinafter referred to as "the App"), you agree to be bound by these Terms of Service (hereinafter referred to as "Terms"). If you do not agree to these Terms, please do not use the App.

1.2 These Terms constitute a legally binding agreement between you and Sircle Networking Pvt Ltd (hereinafter referred to as "we," "us," or "our") regarding your use of the App.

2. Eligibility

2.1 The App is available only to users in India who are 13 years of age or older. By using the App, you represent and warrant that:

a) You are at least 13 years old;

b) You reside in India;

c) You have the legal capacity to enter into these Terms and be bound by them.

2.2 If you are using the App on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. App Features and Services

3.1 AI-Powered Features:

a) The App provides the following AI-powered features:

- Chat with a PetAi

- AI-powered dictionary

- AI-powered word game

- AI-powered notes app

b) These features are powered by artificial intelligence technology provided by OpenAI.

c) You acknowledge that these AI features are provided "as is" and may be subject to limitations or errors.

d) The AI may sometimes produce inaccurate, incomplete, or irrelevant information, a phenomenon often referred to as "hallucination" in the AI industry.

e) Information provided by the AI should not be considered as professional advice or absolute truth.

f) You are responsible for critically evaluating and verifying any information or suggestions provided by the AI before acting upon them.

g) We strongly recommend that you double-check any important information provided by the AI using reliable sources.

h) You agree not to rely solely on the AI for any critical decisions or actions.

3.2 Account Features:

a) Users can create profiles and manage their privacy settings.

b) Your Cocial Ai account credentials can be used to log in to other apps developed by Sircle.

4. User Accounts and Security

4.1 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.2 You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4.3 We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

5. User Conduct

5.1 You agree to use the App in compliance with all applicable laws and regulations in India.

5.2 You will not:

a) Use the App for any illegal purposes;

b) Harass, bully, intimidate, or defame other users;

c) Share or promote inappropriate, offensive, or explicit content;

d) Impersonate others or provide false information;

e) Attempt to gain unauthorized access to the App or its systems;

f) Interfere with or disrupt the App or servers or networks connected to the App;

g) Transmit any viruses, worms, or other malicious code;

h) Collect or store personal data about other users without their consent;

i) Use the App in any manner that could damage, disable, overburden, or impair it.

6. Content

6.1 User-Generated Content:

a) You are solely responsible for the content you create, share, or store using the App.

b) You retain ownership of your content, but grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your content in any existing or future media formats for the purpose of providing and promoting the App's services.

6.2 Prohibited Content: You agree not to post, upload, or share content that:

a) Infringes on any patent, trademark, trade secret, copyright, or other intellectual property rights;

b) Violates any law or regulation;

c) Is defamatory, obscene, pornographic, vulgar, or offensive;

d) Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

e) Is violent or threatening or promotes violence or actions that are threatening to any person or entity;

f) Promotes illegal or harmful activities or substances.

6.3 Content Removal: We reserve the right to remove any content that violates these Terms or that we find objectionable for any reason, without prior notice.

7. Intellectual Property Rights

7.1 The App and its original content (excluding user-generated content), features, and functionality are and will remain the exclusive property of Sircle Networking Pvt Ltd and its licensors.

7.2 The App is protected by copyright, trademark, and other laws of India and foreign countries.

7.3 Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

8. Data Storage and Access

8.1 By using Cocial Ai, you acknowledge and agree to the following terms regarding data storage and access:

a) Local Storage: All user-generated content, including but not limited to notes and personal information, is stored locally on your device.

b) No Cloud Backup: We do not provide cloud storage or backup services for your data.

c) Data Loss: You understand and accept that uninstalling the app will result in permanent loss of all data stored within the app. We cannot recover this data for you.

d) Device-Specific Access: Your data is accessible only on the device where it was created. Logging into your account on a different device will not provide access to data created on your original device.

e) User Responsibility: You are solely responsible for backing up any important data before uninstalling the app or changing devices.

f) No Data Recovery: We are not obligated to provide any form of data recovery service in the event of data loss due to app uninstallation, device change, or any other reason.

8.2 You agree to use the app with the understanding of these limitations on data storage and access.

9. Third-Party Links and Services

9.1 The App may contain links to third-party websites or services that are not owned or controlled by us.

9.2 We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

9.3 You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

10. Termination

10.1 We may terminate or suspend your account and bar access to the App immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

10.2 Upon termination, your right to use the App will immediately cease.

10.3 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Indemnification

You agree to defend, indemnify, and hold harmless Sircle Networking Pvt Ltd and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

a) Your use and access of the App;

b) Your violation of any term of these Terms;

c) Your violation of any third-party right, including without limitation any copyright, property, or privacy right.

12. Limitation of Liability

12.1 In no event shall Sircle Networking Pvt Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

a) Your access to or use of or inability to access or use the App;

b) Any conduct or content of any third party on the App;

c) Any content obtained from the App; and

d) Unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

12.2 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

13. Disclaimer

13.1 Your use of the App is at your sole risk. The App is provided on an "AS IS" and "AS AVAILABLE" basis. The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

13.2 Sircle Networking Pvt Ltd, its subsidiaries, affiliates, and its licensors do not warrant that:

a) The App will function uninterrupted, secure or available at any particular time or location;

b) Any errors or defects will be corrected;

c) The App is free of viruses or other harmful components;

d) The results of using the App will meet your requirements.

13.3 We specifically disclaim any liability for the accuracy, completeness, or reliability of information provided by the AI features of the App. You acknowledge and agree that any reliance on such information is at your own risk.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.

15. Changes to Terms

15.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

15.2 If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

15.3 By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App.

16. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

17. Entire Agreement

17.1 These Terms constitute the entire agreement between us regarding our App and supersede and replace any prior agreements we might have had between us regarding the App.

17.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18. Contact Information

If you have any questions about these Terms, please contact us at support@cocial.in

©