TERMS OF SERVICE

This Policy was last updated on 6 November 2022

Bombinate Technologies Private Limited, a company registered under the provisions of the Companies Act, 2013 with its registered office at 849, 11th Main, 2nd Cross, HAL 2nd Stage, Indiranagar, Bengaluru, Karnataka, India PO 560008 owns, manages, and operates the application Koo, a micro-blogging platform available in multiple regional languages. 

For the purposes of this policy, the following terms shall have the meanings set forth below: 

1. Application means and includes the Koo software, mobile application available on Google Play Store, Apple App Store and M-Seva Store accessible from any compatible device. 

2. Content means and includes, without limitation, any information, data, text pictures, audio, video, GIFs, polls, user profiles, software, tags, graphics and other interactive features. These electronic records may be provided or accessible either by you, other users or Our Services. 

3. Koo means any post by a registered user on the Application. 

4. You or User means any registered user of the Application. If you accept these Terms and use our Service on behalf of any juristic entity or any other person, you represent and warrant that you are authorised to do so and have the authority to bind such entity or person to these Terms. In such a case, ‘you’ or ‘your’ as used in these Terms shall refer to such entity or person. 

5. We, our or us means Bombinate Technologies Private Limited. 

6. Terms means the nature, scope and details of the Service we offer and the conditions applicable in order to use our Services

7. Services means the Application, its associated customised features, access to user-generated content, features to create and post Content in different forms and formats. 

By accessing, downloading or using our Services, you agree to be bound by these Terms and consent to our Privacy Policy and Community Guidelines. For your continued use of our Services, we request you to periodically access, review and familiarise yourself with these Terms. In the event that you do not accept these Terms, we request you to desist from accessing, downloading and using the Services in any manner. 

1. SERVICES 

1. The Application provide you the ability to: 

1. Create and maintain your own profile on the Application after registration.

2. Share your Content; re-share Content shared by others; connect, follow and communicate with other Users.

3. Remove, edit, modify your own Koos, and comments made on yours or others’ Koos.

4. Control your own privacy, as per the our Privacy Policy, right from your own account. This gives you the ability to determine which User can view your profile or your Content on the Application. From time to time, we may introduce additional features which will assist you in safeguarding your privacy.

2. We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services.

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2. ACCESS AND USE OF SERVICES 

1. You must have reached the age of majority in your jurisdiction to use and access our Services. We retain the right to terminate your account or disable your access to the Application if you violate this condition. 

2. You are responsible for your use of our Services and undertake to comply with applicable law and our allied policies. 

3. You will access our Services in any manner determined by us and conveyed to you from time to time. 

4. The Services we provide to you are for your personal and non-commercial use. Specifically, we prohibit the sale or purchase of a Koo account or handle. 

5. You are responsible for safeguarding your account and agree not to disclose your password to any third party. By extension, you agree that you will be solely responsible for activities or actions taken under your account or handle. In case of any authorised access or use of your account, you will immediately notify us. 

6. You agree not to: 

1. circumvent, remove, degrade, deactivate, or thwart any of the Contents of our Service; use any robot, spider, scraper, or other means to access our Service. 

2. decompile, reverse engineer, and disassemble any software or other products or processes accessible through our Service. 

3. send or transmit any material designed to interrupt, destroy, or limit the functionality of our Service.

4. use the accounts of other Users, disparage other accounts, or indulge in any activity which violates the Community Guidelines.

7. We reserve the right to restrict circulation of any content if it violates our Community Guidelines or any other allied policy. We may suspend, terminate or restrict access to your account in case of such a violation. 

8. We do not endorse, support, represent, authorize the circulation of all Content published on our Application, and we do not attest to the accuracy, originality, reliability, legitimacy, completeness, of such Content, as available on our Services. 

9. We may terminate or restrict your use of our Service if you violate these Terms or engage in any illegal, fraudulent, unethical, unwarranted or otherwise malicious use of our Service.

10. To provide the best user experience, we may make changes to the Application. Maintenance, upgrades and other activities may interrupt your access to our Services for a reasonable duration. On a best-effort bases, we will strive to communicate to you of any scheduled maintenance. However, during such a duration, we shall not bear any liability to you or any third parties. 

11. We do not claim ownership of the content you post on the Application through our Services. By submitting, posting, displaying, or communicating Content on or through our Services, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, reproduce, process, such Content across all formats, media now known, or which may come into existence later. You represent and warrant that you have, or have obtained, all rights, licenses, necessary authorizations required to grant the rights granted herein for any Content that you submit, or post, or display, or communicate through our Services and such Content is not subject to copyright or other proprietary rights of third parties unless you are legally entitled to post such Content through necessary permission or otherwise.

12. We operate the Application that enables interaction between users and allows them to create, upload, share, modify an access information using our Services. We do not adjudicate any claims related to intellectual property rights. In the event of any claims regarding intellectual property rights, please note the following process the report such claims:  

1. At first instance, the parties must resolve any dispute related to intellectual property rights before reporting it to us. 

2. If you believe that a user on the Application violates your intellectual property rights, you may report it by dropping an e-mail to redressal@kooapp.com or by filing up this form. 

3. To process your claim, please ensure you submit complete details of your intellectual property rights and the instance of violation. 

4. Your report will be processed within 48 hours. Orders or directions by courts or legal authorities will be honoured on priority. 

5. The user in violation of your intellectual property rights will receive a copy of your report and e-mail id. The user in violation of your intellectual property rights will have 36 hours to the claim. 

6. If no response is received or in our discretion, the report or the response is unsatisfactory, we will take action as we deem fit. We will act on a best-efforts basis and accept no responsibility for our actions. 

7.  Any assertion or adjudication of legal rights must be carried out through legal process. 

8. Any abuse of this process may lead to termination of your user account and/or other legal consequences. Please do not hesitate to seek your own legal advice before filing or contesting any report for intellectual property violation.

13. Except to the extent required by law, we do not undertake any obligation to monitor user-generated content. All the Content available on the Application is the sole responsibility of the originator of the Content. Your use or reliance on any Content while availing the Services is solely at your own risk. You may come across Content which you may construe to be offensive, harmful, misleading, inaccurate, or inappropriate. 

14. We may not always monitor or control the Content accessible on the Services, and as an intermediary we cannot assume responsibility for such Content. Please use the Report Koo or Report User button within the Koo App to record your reactions or contact the Grievance Officer as stated below. You may also use the Reporting and Redressal Forms available at this link.

15. The Services made available to you are protected by copyright, trademark, and other laws. Nothing in these Terms gives you the right to use our trademarks, logos, domain names, other distinctive brand features, and other proprietary rights without our explicit permission. All right, title, and interest in and to the Services or any username or handle names (excluding Content provided by users) are and will remain the exclusive property of the Company and its licensors.

16.  We may be required to remove Content if such Content is violative of established and universal legal principles or is spammy violates our Spam Policy or if such Content is violative of applicable law. In this connection, we shall abide by binding directions of legal authorities as and when they are made. If you have obtained a legal order for removal of any Content please furnish the same via this form. While we will endeavour to do so, in complying with legal directions or in other compelling circumstances, it may not always be possible to immediately notify you of an action taken on our part. 

17. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

18. We reserve the right to update, modify, alter, amend, these Terms at any time, at our sole discretion.

3. REGISTRATION AND ACCOUNT INTERGIRTY 

1. To access and avail our Services, you must have a registered account on the Application. This registered account is free of charge. You are prohibited from buying, selling or exchanging accounts for cash, kind or any other value. 

2. To register, you will need to provide us with your phone number, e-mail address (verified by a one-time password). You can create an account username/handle and password. You must use original and distinct credentials to create an account on our Application, which do not infringe any applicable laws and third-party rights. Username/handles must not contain derogatory, demeaning or misleading language, messages, identity or images.

3. You undertake that the information you provide is accurate and not misleading. For all intents and purposes, User accounts and handles are our property and are licensed for your use according with these Terms. Usernames or handles are our property and cannot be sold or commercially dealt with in any manner. 

4. Please note that if a username has been used by a verified user on another platform, to avoid risk of impersonation, the username will not be allotted to anyone else and, if already allotted, may be cancelled at the discretion of Koo without any notice. For more information, please consult our Eminence policies. 

5. We reserve the right to suspend, terminate, remove any account or take any other actions we deem fit with or without notice, if you are in breach of these Terms. In case you have any concern regarding an action taken on your account you can file an appeal by filling this form. 

6. In case of any discrepancy in access to your account, please reach out to us as per the account terms.

4. THIRD PARTY SERVICES 

1. You note that during your usage of our Services, we can place advertisement or other types of commercial information on the Application. You also agree to receive advertisement or other relevant commercial information from us via e-mail or other authorized means. We may provide its Users with links to, or contact information for, third-party sites or services. We do not control such third-party websites and their interactions with you. We have not reviewed, and do not review, all the material, including goods or services, made available through third-party sites. Therefore, we urge you to kindly make an informed choice in interacting with such third-party sites and ensure that you are familiar with the policies of such sites before you proceed with engaging, interacting, with such third-party sites.

2. The Company is not responsible for, and does not endorse, any third-party content, sites or services mentioned on the Application. Third party materials accessed through or used by means of the third-party sites may also be protected by copyright and other intellectual property laws.

5. RULES AND CONDUCT 

1. In addition to the above responsibilities, Community Guidelines and allied policies, you are prohibited from publishing any Content which:

1. may be harmful to minors or children, including any sexually explicit, abusive content. We have a zero-tolerance policy against child sexual abuse content; and/ or,

2. is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; and/ or,

3. infringes on any third party’s rights, including copyright, trademark, privacy, and publicity rights, and any other protected subject matter; and/ or,

4. may be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, atrocity, conflict, death, or other tragic event; and/ or,

5. threaten, harass, or bully other Users or third parties, including depictions of violence, gratuitous or otherwise, to any person place or property, or inciting violence, including suicide; and/ or,

6. depicts content, which is sexually explicit (pornographic or erotic content, including icons, titles, or descriptions), violent in nature, abusive, and grossly harmful,

7. is in violation of applicable law.

2. We shall, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email, about any such information as mentioned above, be entitled to disable such information that is in contravention of this clause. We shall also be entitled to preserve such information and associated records for at least 180 (one hundred eighty) days for production to governmental authorities for investigation purposes.

6. SUPPORT 

1. We offer e-mail based, and online support tools. You may access support resources at the Reporting and Redressal Forms page or contact our support by emailing at redressal@kooapp.com. Under certain exceptional circumstances, we may also request you to reach out to other authorized, appointed contact persons for resolution of your queries or support requests. We do not make any promises regarding how quickly we will respond to your request for support, or that we will be able to fix any problems you may be having. Any suggestions by us regarding use of the Services shall not be construed as a warranty.

2. We are an intermediary enabling online interaction between two or more users and allowing them to create, upload, share, disseminate, modify or access information using our services. We do not undertake any obligation to monitor user generated content, except where specifically mandated under applicable law. Resolution of grievances or disputes or claims relating to violation of legal or personal or public or community rights (collectively known as grievances) is solely within the domain of legal or judicial authorities. We do not adjudicate any personal grievances.

3. If a Koo or its contents are contested or disputed, reporters have the option to use the "Report Koo" or "Report User" option within the Application. Reporters may also submit to Koo, orders from judicial or other authorities to take down any contested or disputed content at this link. Such orders will be acted upon on a priority basis. A Grievance Redressal Process in accordance with applicable law has been created and is available on the Compliance page on our website.

VII. TERMINATION

We reserve the right to suspend or terminate your access to the Application and the Services with or without notice and to exercise any other remedy available under law, in cases where:

1. You are in breach of any terms and conditions of these Terms;

2. We are unable to verify or authenticate any information provided to Company by you;

3. We have reasonable grounds for suspecting any illegal, fraudulent, spammy or abusive activity on your part;

4. We believe, in its sole discretion that your actions may cause legal liability for you, other Users, Us or are contrary to the interests of the Application or the Company; or

5. directed by law enforcement.

2. Once temporarily or permanently suspended, terminated, you may not continue to use the Application under the same account, a different account or re-register under a new account, unless approved by us. On termination of an account due to the reasons mentioned herein, you shall no longer have access to Content by such User on the Application , to the extent permissible in law.

3. You may appeal the suspension or termination of the account by contacting compliance.officer@kooapp.com or by submitting this appeal form.

4. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, disclaimers, indemnity, and limitations of liability.

VIII. DISCLAIMER

THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS DO NOT WARRANT THAT:

1. THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR,

2. ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR

3. ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR,

4. THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

DO NOT USE ANY SOFTWARE, DEVICE, SCRIPTS, BOTS OR OTHER MEANS TO ACCESS, SCRAPE, CRAWL OR SPIDER THE APPLICATION FOR ANY TYPE OF PUBLIC AND PRIVATE DATA OR INFORMATION. UNLESS YOU RECEIVE EXPLICIT PERMISSION BY KOO IN WRITING, YOU MUST NOT:

1. USE BOTS OR OTHER AUTOMATED METHODS TO ACCESS THE APPLICATION.

2. SCRAP OR COPY PROFILES OR ANY OTHER INFORMATION OF THE APPLICATION THROUGH CRAWLERS, PLUG-INS, ADD-ONS OR ANY OTHER TECHNOLOGY.

3. MANIPULATE OR BOOST CONTENT IN ANY MANNER USING AUTOMATED OR OTHER UNWARRANTED MEANS.

IX. INDEMNITY

You shall defend, indemnify, and hold harmless us, our affiliates, subsidiaries, joint venture partners and each of their affiliates, subsidiaries, join venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to:

1. Your use or misuse of, or access to, the Service; or,

2. Your violation of the Terms of Service or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in connection therewith.

X. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (NOR OUR DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE:

1. FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;

2. FOR YOUR RELIANCE ON THE SERVICE;

3. FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE INR 10,000/- (in case of India) and USD 150 (in case of countries other than India);

4. FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.

XI. GOVERNING LAW

Koo is a legal entity incorporated in India and recognised as a Significant Social Media Intermediary under the laws of India. 

If the Application is available and operated under a locally registered legal entity in your country, this Agreement shall be governed by and construed in accordance with the laws of your country. 

In all other circumstances and the laws of India will govern this Agreement. We will implement, to then extent practical, the requirements of the Indian Intermediary Guidelines. If there are any special or specific rights and requirements that are available to you in your jurisdiction, please notify us immediately using our reporting and redressal forms and we will accommodate the same.

All claims, differences and disputes arising under or in connection with or in relation hereto the Application or Services, the Terms or any transactions entered into on or through the Application or Services shall be subject to the exclusive jurisdiction of the courts at Bengaluru You hereby accede to and accept the jurisdiction of such courts.

XII. MISCELLANEOUS

1. If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.

2. These Terms form a valid, enforceable agreement between you and Bombinate Technologies Private Limited, a company incorporated under the Companies Act, 2013 with our registered office at 849, 11th Main, 2nd Cross, HAL 2nd Stage, Indiranagar, Bangalore, Karnataka PO 560008 .

XIII. GRIEVANCE REDRESSAL MECHANISM

1. Any discrepancies or grievances about Content and or comment or breach of this Agreement or Community Guidelines shall be taken up with the designated Grievance Officer as mentioned below. You have the right to appeal against any action on your complaint or Content to the Grievance Officer. The Grievance Officer shall endeavour to resolve the same in an expeditious manner.

2. Mr. Rahul Satyakam, Grievance Officer, 849, 11th Main, 2nd Cross, HAL 2nd Stage, Indiranagar, Bangalore, Karnataka PO 560008.

3. A Grievance Redressal Process in accordance with applicable law has been created and is available on the Compliance page on our website.

XIV. REFERENCE 

1. If you have any questions regarding the Service, please contact Koo at help@kooapp.com. 

2. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to your email address, contact number, or, registered mobile number, etc.) for the purpose of sufficient identification, and authentication, and taking Your service request. Please refer to our Privacy Policy on how we deal with information.

15. CHANGES

We may from time to time change these Terms of Service. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer. We recommend that you periodically check this page for any revised terms. Your continued use of the Services will be deemed to constitute your acceptance of all such revised terms.

You may request for earlier versions of these Terms by writing to redressal@kooapp.com