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Terms of Use

Welcome to Foiti!

These Terms of Use (or "Terms") govern your use of Foiti and when you create an Foiti account or use any of our other products or services that are subject to these Terms (which we refer to collectively as the "Services"), you agree to the Terms.

Who Can Use the Services

You must be at least 13 years old or the minimum legal age in your country to use Foiti. If you are under 18, you may only use the Services with the prior consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you before you start using the Services.


You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments-related Services if you are on an applicable denied party listing.


We must not have previously disabled your account for violation of law or any of our policies.


You must not be a convicted sex offender.

Rights We Grant You

As between you and us, Foiti (and its licensors) is the owner of the Services, including all proprietary content, information, material, software, images, text, graphics, illustrations, logos, trademarks, service marks, copyrights, photographs, and "look and feel" of the Services, and all related intellectual property rights. Foiti grants you a worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to use the Services. This license is for the sole purpose of using and enjoying the Services in a way that these Terms and our policies, such as our Community Guidelines allow. You may not use the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.

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. How broad that license is depends on which Services you use.


For all content you submit to the Services, you grant Foiti and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyse, transmit, and distribute that content. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services.


If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).


If you use content covered by intellectual property rights that we have and make available in our Service, we retain all rights to our content (but not yours).


We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions.

Additional Terms for Specific Services

Additional terms and conditions listed on the Foiti Terms & Policies page or that are otherwise made available to you may apply to specific Services. If you use those Services, then those additional terms become part of these Terms. If any of the applicable additional terms conflict with these Terms, the additional terms will prevail while you are using the Services to which they apply.

Privacy

Your privacy matters to us. You can learn how your information is handled when you use our Services by reading our Privacy Policy.

Content removal and disabling or terminating your account

We can remove any content or information that you share on the Service if we believe that it violates these Terms of Use, our policies (including our Community Guidelines) or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies (including our Community Guidelines), if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. We can also terminate or change the Service, remove or block content or information shared on our Service, or stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. If you believe that your account has been terminated in error, or you want to disable or permanently delete your account, consult our Help Centre. When you request to delete content or your account, the deletion process will automatically begin no more than 30 days after your request. It may take up to 90 days to delete content after the deletion process begins. While the deletion process for such content is being undertaken, the content is no longer visible to other users, but remains subject to these Terms of Use and our Data Policy. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.


Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:


  • where your content has been used by others in accordance with this licence and they have not deleted it (in which case this licence will continue to apply until that content is deleted); or
  • where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
  • where deletion would restrict our ability to:
    • investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our products or systems);
    • protect the safety and security of our products, systems and users;
    • comply with a legal obligation, such as the preservation of evidence; or
    • comply with a request of a judicial or administrative authority, law enforcement or a government agency;
  • in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but this will still apply even after your account is terminated, disabled or deleted.

Respecting Others' Rights

Foiti respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual property right. When you submit content to the Service, you agree and represent that you own that content, or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Service and grant the rights and licenses contained in these Terms for your content. You also agree that you will not use or attempt to use another user's account except as permitted by Foiti or its affiliates.


Foiti honours copyright laws and takes reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If Foiti becomes aware that a user has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account. If you believe that anything on the Services infringes a copyright that you own or control, please report it using our in-app reporting feature.

Respecting the Services and Foiti's Rights

You must respect Foiti's rights and adhere to any other guidelines, support pages, or FAQs published by Foiti or our affiliates. That means, among other things, you may not do, attempt to do, enable, or encourage anyone else to do, any of the following:


  • use branding, logos, icons, user interface elements, designs, photographs, or any other materials Foiti makes available via the Services, except as explicitly allowed by these Terms.
  • violate or infringe Foiti's or our affiliates' copyrights, trademarks, or other intellectual property rights;
  • copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, display, make available, make derivatives of, or otherwise use the Services or the content on the Services, other than temporary files that are automatically cached by your web browser for display purposes, as otherwise expressly permitted in these Terms, as otherwise expressly permitted by us in writing, or as enabled by the Service's intended functionality;
  • create more than one account for yourself, create another account if we have already disabled your account, attempt to access the Services through unauthorized third-party applications, solicit login credentials from other users, or buy, sell, rent, or lease access to your account, a username, or a friend link;
  • reverse engineer, duplicate, decompile, disassemble, or decode the Services (including any underlying idea or algorithm), or otherwise extract the source code of the software of the Service;
  • use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users' information;
  • use or develop any third-party applications that interact with the Services or other users' content or information without our written consent;
  • use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
  • upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Services;
  • attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
  • probe, scan, or test the vulnerability of our Services or any system or network;
  • violate any applicable law or regulation in connection with your access to or use of the Services; or
  • access or use the Services in any way not expressly permitted by these Terms or our Community Guidelines.

Safety

We try hard to keep our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using the Services, you agree that you will at all times comply with these Terms, including our Community Guidelines and any other policies Foiti makes available in order to maintain the safety of the Services.


  • If you fail to comply, we reserve the right to remove any offending content, terminate or limit the visibility of your account, and notify third parties, including law enforcement and provide those third parties with information relating to your account. This step may be necessary to protect the safety of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns.

  • We also care about your physical safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use the Services while driving. And never put yourself or others in harm's way just to capture a Foiti.

Your Account

To use certain Services, you need to create an account. You agree to provide us with accurate, complete, and updated information for your account. You are responsible for any activity that occurs in your account. So, it's important that you keep your account secure. One way to do that is to select a strong password that you don't use for any other account. If you think that someone has gained access to your account, please immediately reach out to Help Center. 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 agree not to create any account if we have previously removed or banned you or your account from any of our Services, unless we consent otherwise.

Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging (such as SMS, MMS, or future such protocols or technologies) and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.


By providing us with your mobile phone number, you agree to receive SMS messages from Foiti related to the Services, including about promotions, your account, and your relationship with Foiti.


If you change or deactivate the mobile phone number that you used to create an account, you must update your account information through Settings within 72 hours to prevent us from sending messages intended for you to someone else.

Third-Party Services

Certain Services may display, include or make available content, data, information, applications, features or materials from third parties ("Third-Party Materials"), or provide links to certain third-party websites. If you use any Third-Party Materials made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. Neither Foiti nor our affiliates are responsible or liable for a third party's terms or actions taken under the third party's terms. Further, by using the Services, you acknowledge and agree that Foiti is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.

Modifying the Services and Termination

We're relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand.


While we hope you remain a lifelong Foiti user, you can terminate these Terms at any time and for any reason by deleting your Foiti account.


We may terminate or temporarily suspend your access to the Services if you fail to comply with these Terms, our Community Guidelines or the law, for any reason outside of our control, or for any reason, and without advanced notice. That means that we may terminate these Terms, stop providing you with all or any part of the Services, or impose new or additional limits on your ability to use our Services. And while we'll try to give you reasonable notice beforehand, we can't guarantee that notice will be possible in all circumstances. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.


Regardless of who terminates these Terms, both you and Foiti continue to be bound by the Terms.

Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Foiti, our affiliates, directors, officers, stockholders, employees, licensors, and agents 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, or any products or services provided by a third party in connection with the Services, even if recommended, made available, or approved by Foiti; (b) your content, including infringement claims related to your content; (c) your breach of these Terms or any applicable law or regulation; or (d) your negligence or wilful misconduct.

Disclaimers

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.


THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.


NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ₹1000 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM.

Governing Law and Dispute Resolution

These Terms are governed by the laws of India. You agree that any action, suit or other legal proceeding, you have against us that arises out of or relates to these Terms shall be subject to the Jurisdiction of the courts of Guwahati, India

Final Terms

These Terms, including the additional terms referenced in Section 4, make up the entire agreement between you and Foiti, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve the right to transfer our rights under these Terms and provide the Services using another entity, provided that entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you.



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