END USER LICENCE AGREEMENT (EULA)
This EULA relates to the use of the BillFoldify Mobile App as available for download from the Google Play Store (Android) and Apple App Store (iOS).
For specific information regarding Privacy and Data Protection as a user of the BillFoldify Mobile App, please refer to the Privacy Policy.
Introduction:
- The BillFoldify Mobile App (the “App”) primarily AI based multi model data forecaster helps in knowing the movement of Stocks over the next few weeks (the functionalities provided by the App are referred to as the “Service”).
- This end user license agreement (the “EULA”) governs your use of the App, including any modifications or updates to it, and the way we process information through the App. By downloading, installing, or using the App, or in any manner indicating your agreement to these terms, you become bound by the terms of this EULA, which is entered into between you (the user of the App).
- You will probably download this App to your mobile device (“Device”) from a third-party mobile app store (the “Store”). This EULA and your use of the App are both subject to any conditions imposed on you from time to time by the Store in accessing and downloading the App.
- We may release new versions of the App from time to time. You should download the new version in order to continue to make use of the Service; the Service may not be provided as intended should you not be using the latest version.
- We take data privacy seriously and are committed to data protection in accordance with all relevant laws which, for purposes of this EULA, include data protection and privacy Information Technology Act, 2000 (the IT Act) and its corresponding Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the IT Rules).
License
- The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement. You may only use the Application on one single Device that You own or control and as permitted by the Application Store’s terms and conditions. The license that is granted to You by the Company is solely for your personal, single usage, non-commercial purposes strictly in accordance with the terms of this Agreement
- This license does not allow you to use the App on any Device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the application itself or the content provided by the Application. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, 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 as may be permitted by the licensing terms governing use of any open-sourced components included with the App). Any attempt to do so is a violation of our rights and the rights of our licensors.
- We may change the terms of this EULA at any time, and will display the new EULA for acceptance the next time you access the App. If you do not accept the amended EULA, this this EULA will automatically terminate (see clause 3.1).
Term & Termination
- Your rights under this EULA will terminate automatically without notice from us if you fail to comply with any term(s) of this EULA. Upon termination of the EULA, you must cease all use of the App, and destroy all copies, full or partial, of the App.
Registration and Creation of Account
- After accepting this EULA, you will still need to register with us before you can use the Service. You will register using the App itself, and you undertake to provide us with accurate information, and to keep this information updated and accurate at all times.
- You warrant that you are a qualified to enter into a contract as such according to applicable law in India, failing which you must immediately cease to use the App.
- We will use your personal information only for providing the Service to you via the App, in accordance with this EULA, and will retain information in accordance with the retention periods prescribed by law.
- You must keep usernames and passwords safe to ensure that only you can use the App. You agree that usernames and passwords are issued for individual users only and that you must not share this information with anyone else.
Content Restriction
- You agree to use the Application at your own risk. You understand that by using the Application You may come across the financial speculative report based on Algorithm, wherein The Company is neither responsible for the decision taken by the users under such circumstances and nor any losses which arise due to use of the App.
Security
- We are committed to implementing appropriate structural, technical and other security measures to protect the integrity and confidentiality of Data. We protect and manage Data by using electronic and computer safeguards such as firewalls and data encryption. We may authorise access to Data to our employees, affiliates and/or our consultants, but only where they require it to fulfil their designated responsibilities and only where they have been appropriately informed regarding the confidentiality of such Data.
Intellectual Property
- The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.
- The Company shall not be obligated to indemnify or defend You with respect to any third-party claim arising out of or relating to the Application. To the extend the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third-party intellectual property rights.
Third Party Content and Services
- The App may allow access to websites or other applications owned and / or operated by third parties. We are not responsible for the content from such sources, and do not endorse or approve the contents thereof.
- You agree to use the App at your sole risk in this regard and we consequently are not responsible for and do not accept any liability in connection with any third party material that may be accessible via the App (regardless of whether or not we have permitted access to the material).
- If you access such material you undertake not to infringe any intellectual property rights relating to it, whether by making reproductions, derivative works or otherwise.
Consent to Use of Technical Data
You agree that we may collect and use technical data and related information, including but not limited to technical information about your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the App. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
Geolocation Data
- If your location settings are enabled on your Device, the App will, from time to time, use GPS technology (or similar technology) to tell us about your Device’s location, even if you are not directly interacting with the App.
- We use this location information to improve the Service by using it to make referrals and advertisements more relevant and accurate for users, and pursuant to this, we may share your location data with other users or with our affiliates.
- If you do not want us to use your location, you should turn off the location services for the App located in your Device’s settings.
Advertising and Newsletters
Relationship with the Store
- This clause only applies to you if the Store that you download the App from is operated by Apple Inc/Google Play.
- Both parties acknowledge that this EULA is entered into between the Parties them only, and that Apple Inc/Google Play is not a party to it. The Store is not responsible for the App or its content, and is not responsible for any support and maintenance of the App.
- In the event of a failure of the App to conform to an applicable warranty, you may notify the Store, which may refund the App licence fee to you (if one was paid). To the maximum extent permitted by applicable law, the Store will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility (subject to the other provisions of this EULA).
- Both parties acknowledge that we, and not the Store, are responsible for addressing any of your claims or any third party relating to the App or your possession and/or use of the App including, but not limited to, (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Identity and Contact Details
- Your identity and addresses where you will accept service of any notices or other communications under this EULA is as per the information that you provide to us when registering the App.
Data Protection
For specific information regarding Privacy and Data Protection, please refer to the PP
Your Rights in Respect of your Personal Information
specific information regarding your rights in respect of your Personal Information please refer to the PP.
Subscription Policy
All subscription will be collected upfront for 1 year.
For specific information regarding Subscription, Cancelation and Refund, please refer to the subscription and policy( link ).
No Warranty
Save as expressly set out in this EULA and to the maximum extent permitted by law, we make no representations and give no warranties or guarantees of any nature whatsoever in respect of the App, which is provided on an “as is” and “reasonable effort” basis, and all warranties, whether statutory or which are implied or residual or at common law are hereby expressly excluded. Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied as to the accuracy, reliability, or currency of any information or content provided through the Application
Limitation of Liability
We are not liable for any loss or damages of whatsoever nature and howsoever arising (including consequential, indirect, aggravated, special or incidental loss or damages which will include but will not be limited to loss of property, data, profit, business, goodwill, revenue or anticipated savings) or any costs (including legal costs on the scale as between attorney and own client and any additional legal costs), claims or demands of whatsoever nature and howsoever arising, whether out of breach of express or implied warranty, breach of contract, misrepresentation, negligence, strict or vicarious liability, in delict or otherwise, and whether either party anticipates the damage or not, and whether arising from or relating to this EULA, or otherwise.
Interpretation & General
- Whole Agreement. This EULA is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
- Applicable Law & Jurisdiction. The law in India will apply to this EULA, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Trichy in this regard.
- Survival. For the avoidance of doubt, any provision of this EULA that anticipates any right or duty extending beyond the termination or expiry of this EULA will survive the termination or expiry of this EULA and continue in full force and effect.
- No Indulgence. If one party chooses not to enforce any part of this EULA, that does not mean that the party cannot enforce that part at a later time. If any part of the EULA is found to be unenforceable, the rest will still be enforce able.
- Reading Down. If a provision of this EULA is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
- Severance. In the event that any part of this EULA is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this EULA.
Entire Agreement
- The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
- You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.
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