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Terms of Use

Our Endeavour

It is our endeavour to provide the Product, including a website to assist you in managing your contacts in the phonebook in or of your Device by (1) enable users of the Product to digitally share or exchange contact information and other content (2) matching information that other users of this Product have about you with your created profile using this Product and to keep them automatically updated with changes you make to that particular information in your profile (3) similarly to keep you automatically updated with changes that other users from your contacts make to their profile information that you had about them and (4) other allied contact management based services.

Our Terms of Use

These are our Terms of Use of the Product by you

Your Acceptance of this Agreement

1. YOUR DOWNLOAD AND SIGNUP/LOGIN TO THE PRODUCT MEANS YOU AGREE TO AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY (together referred to as this “Agreement” between you and KDPCCL). IF YOU DON’T AGREE TO OUR TERMS OF USE OR THE PRIVACY POLICY, PLEASE DON’T USE THE PRODUCT. IF YOU HAVE BEGUN USING THE PRODUCT, PLEASE IMMEDIATELY ASK TO CANCEL YOUR ACCOUNT AND STOP THE USE.

Product

2. KD&P Content and Consultancy Private Limited (“KDPCCL”, "us", "we", or "our"), a limited liability company incorporated in Mumbai, India, provides and operates the products and services - www.contsyncapp.com website and the ContSync mobile application (“CS”) as a freemium/commercial app, including the backend software, database and such other related services – in part or together referred to as Product (provided by our company and/or our branches, affiliates or partners across the globe). This Product is provided by KDPCCL and is intended for use as is, on your smart phone and tablet (“Device”).

Information

3. In order for the Product to perform, we gather and upload data/information (“Information”), most of which is personal in nature, including but not limited to:

  • Registration information that you submit
  • Name
  • Address
  • Contact details
  • Work related information
  • Preferences that you set in the Product
  • Your contacts (includes personal information of others)
  • Your calendar (includes personal information of others)
  • Your call logs (includes personal information of others) - Android phones only
  • Profile images (includes that of others) from your contacts and your Profile
  • Geographic location (includes that of others)
  • Usage Data.

4. “Usage Data” is information that we collect when you access the Product by or through a mobile device or which your browser sends whenever you visit/use our Product.

5. When you access the Product by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers, the features used and time spent on those features and other diagnostic data.

6. When you access the Product by or through our website, this Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Product or website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Our Right to make changes

7. This Product is provided by KDPCCL and is intended for use as is.

8. KDPCCL reserves the sole and absolute right to make changes to the Product or the parameters of the Product or to charge for the whole or any part of the Product, at any time and for any reason. We will never charge you for any part of the Product without making it very clear to you exactly what you are paying for and taking your consent for it.

IP, Distribution, License

  • 9. The Product itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, belong to KDPCCL.
  • 10. The Product includes but is not limited to its brand name, logo/trade mark/service mark, words, software, audio, audio-visual, photos, diagrams, all content in advertisements, etc, which are all protected under copyright, patent, trademark as well as all other related laws and regulations. You are allowed to use these only when you have our authorization; no unauthorized reproduction, modification or compilation of such content or creation of relevant derivative works are permitted.
  • 11. Unless you have otherwise reached written agreement with KDPCCL, this Agreement does not authorize you to use name of software, trademark, service mark, logo, domain name or any other sign with distinctive brand feature relating to KDPCCL.
  • 12. You are required to download the Product through the official channels we have authorized.
  • 13. We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to use the Product. Unless otherwise expressly agreed in writing, you are permitted to install, use, display or run the Product on your Device for non-commercial purposes.
  • 14. You agree to not, and not attempt to, copy or modify the Product, any part of the Product, or our trademarks in any way. You agree to not, and not attempt to, extract the source code of the Product or to translate the Product into other languages, or make derivative versions.
  • 15. You agree to not, and not attempt to, jailbreak or root your Device, which is the process of removing software restrictions and limitations imposed by the official operating system of your Device. It could make your Device vulnerable to malware/viruses/malicious programs, compromise your Device’s security features and it could mean that the Product won’t work properly or at all or you could lose your data from your Device.

Working of the Product

  • 16. When you sign-up/login to your account, we will verify your identity and may verify certain information you submit. You commit that the information you provide when registering and filling your profile in the Product is true and bear the adverse consequences and any loss for us or third parties resulting from providing false information. You commit that you will cooperate actively with us, otherwise you will not be able to use the Product.
  • 17. The Product with your sign-in/login account can only be used by yourself and cannot be shared with others, for your own security and so that incorrect information is not matched and synced. You understand and agree that any act done with your Device or your CS account is considered as yours, and you will be jointly and severally liable even if the case is others use your Device or CS account to perform the act.
  • 18. Your mobile phone number and your email id is verified by us and your account is linked to these and used for the Product to perform. If any of these change, please timely revise the relevant part of your account so that others may not clear identification test by using this information without permission. You should take precaution and deal with that situation accordingly when the email id used for identity verification has a security breach issue.
  • 19. You acknowledge and agree that by signing in to your account and your use of the Product through your Device, the Information in such Device will be added to your account, including your profile and other data generated during your use of the Product; all of this may be stored and processed by KDPCCL or its affiliates or service providers through their servers located in countries other than your own.
  • 20. The Product generates QR codes for your cards, the length and randomness of which is based on industry standard.
  • 21. Since your information is matched and synced with other users who have that information, you agree that you shall not do anything intentionally to subvert the functioning of the Product.
  • 22. When you use the Product after signing in your account, any direct modification of Information in the Device (if stored on our server according to the preceding section) or modification of information by another user in your phonebook will be synchronized automatically between your Device/default phonebook/default account, the Product and its server in its lately modified form.
  • 23. You agree that you will receive information pushed out to your Device when using the Product that include update of the Product, information of other users who are in or added to your contact list/default phonebook and that the Product will amend/update the existing information with the new information in the connected/default phonebook/default account of your Device. We are not liable in any way for any loss or damage borne by you due to the Product.
  • 24. CS does not import certain types of information from your Device (for example phone numbers with special characters and contacts that are stored on your Device’s SIM or in an account not associated with an email) and this is not available for view, matching and auto-update in CS.
  • 25. After the first match, labels will not sync.
  • 26. Due to different formats of the address field, edit of an address in Device’s Contacts will not be pulled by CS.
  • 27. In order for the Product to function properly, it would need to be restarted periodically or by tapping “Sync”” from the Contacts menu.
  • 28. For iPhone users with a default Google account, the Social field is modified by the account and may not sync.
  • 29. For Android users, the Social field is not available in Android devices and may not sync if a contact has been added using a generic QR scanner.
  • 30. Certain fields specific to ContSync, such as “Product/Service”, “I believe in”, “Travel Phone Number”, “Education”, “Award” which are part of any card that are created, may not be shared with others if they are scanning the card through a QR code scanner other than ContSync.
  • 31. Duplicates may be created by certain devices or default account or certain apps or where you are using multiple Devices. Sometimes, these are resolved (ie duplicates disappear) when the Device syncs with the relevant app or default account. In certain situations, CS may create duplicate contacts either for a short while until sync with Device, or permanently.
  • 32. It is possible that contacts may be deleted with use of multiple Devices or with multiple or different accounts or where there is a change of default account.

Your license to CS

  • 33. You should be owner of copyright, or holder of other rights that should be had for using the Product as to the lawful Information you post/upload in the Product. You warrant that you are the owner of copyright or other rights and have necessary authorization to upload Information. If your acts cause losses (including but not limited to compensation, attorney fees) to KDPCCL, you agree to fully compensate for the losses. We reserve the right to review, block and delete the Information or terminate your use of the Product.
  • 34. You agree to grant KDPCCL the worldwide, royalty-free, non-exclusive, sub-licensable and permanent license to use the Information in order for the Product to perform. We may also decide at our own discretion to use (including but not limited to reproduce, adapt, amend, create derivative works, and translate) and distribute such Information. You also authorize KDPCCL to file any action in its own name against any third party for the infringement upon such Information and any of its derivative works and to receive all the compensation. You shall warrant that you have necessary authorization to grant such license to KDPCCL. Notwithstanding the foregoing, we will not necessarily use or distribute the Information.

Privacy

  • 35. Please be sure to carefully read our PRIVACY POLICY which specifies the collection, use, and disclosure of personal data when you use the Product and the choices you have associated with that data.
  • 36. Your download and Signup/Login to the Product means you agree to and accept the terms of the PRIVACY POLICY.
  • 37. The Product stores, uploads and processes Information in order for the Product to perform. It is your responsibility to keep your Device (and hence access to the Product) secure.
  • 38. We particularly state that the Information as defined in the PRIVACY POLICY which is uploaded and used by the Product in order to perform, involves other people’s personal information
  • 39. If you obtain, use, sell or spread other people’s personal information in bad faith, or infringe others’ privacy in any other way (including but not limited to harassment), you are in material breach of these Terms of Use. We will be entitled to at any time restrict or terminate or delete your account and we reserve the right to unilaterally terminate this Agreement and demand that you bear legal liabilities.

Third party services

  • 40. In the Product, we allow you to invoke services provided by third parties such as social apps or email services, etc. We only invoke services from third parties through APIs and actual services are provided by third parties. For terms of use and relevant provisions, please refer to the terms of service, etc. issued by those third parties. We have no knowledge and assume no responsibility for the content, privacy policy or practices of these websites/apps/services.

CS not responsible

  • 41. THE PRODUCT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. YOU UNDERSTAND THAT YOU ARE USING THE PRODUCT ENTIRELY AT YOUR OWN RISK AND YOU AGREE TO NOT SUE US SHOULD SOMETHING GO WRONG. KDPCCL WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR THE PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • 42. Further, you should be aware that there are other things that KDPCCL does not take responsibility for. Certain functions of the Product require that the Device where the Product is installed is a smart device and to have an active internet/data connection. The connection can be Wi-Fi, or provided by your mobile network provider, but KDPCCL does not take responsibility for the Product not working at full functionality if the Device where the Product is installed doesn’t have connectivity to the internet.
  • 43. If you’re using the Product outside of an area with Wi-Fi, your terms of the agreement with your mobile network provider will apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Product or where the Product is working in the background, or other third-party charges. In using the Product, you are accepting responsibility for bearing any such charges, including roaming data charges if you use the Product outside of your home territory (i.e. region or country). If you are not the bill payer for the Device on which you’re using the Product, please be aware that we assume that you have received permission from the bill payer for using the Product.
  • 44. KDPCCL does not take responsibility for the way you use the Product which will affect the performance of the Product, i.e. you need to ensure, among other things, that your Device stays charged, that you are connected to the internet, that you enable the Product to refresh in the background and that you access to Product at regular intervals to enable it to update the data/information.
  • 45. With respect to KDPCCL’s responsibility for the functioning of the Product, we do rely on the users to update their information and also on third party services so that we can make the different features of the Product available and perform for you. KDPCCL accepts no liability for any loss, direct or indirect, you incur as a result of relying on the Product, even where we are expressly advised of these.
  • 46. The Product is provided on as is basis. While we are trying to meet your needs, we are not able to foresee at all times some legal and technological risks/issues including but not limited to service interruption, data loss and other damages and risks due to changes in platform technology, interaction of other third party apps, accident, disaster, government actions, viruses, Trojans, other malicious program, hackers’ attack, unstable system, defective services provided by third parties, force majeure or factors beyond the control of KDPCCL. You hereby acknowledge and confirm that you use the Product at your own risk entirely. You agree to not hold us liable at any time for any claims of compensation or damage as a result of any loss or otherwise, whether direct, indirect, special or consequential, as a result of any action or inaction/omission by the Product or KDPCCL thereof. These limitations of liability will apply even if we have been expressly advised of the potential loss.
  • 47. We may update the Product periodically. The CS app is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the Product to) may change, and you will need to download the updates if you want to prevent effects of bugs and keep using the Product. KDPCCL does not promise that it will update the Product so that it is relevant to you and/or works with the iOS/Android version that you have installed on your Device. However, you promise to always accept updates to the application when offered to you.
  • 48. There may be times when our Product is facing downtime (planned and unplanned) and is unavailable.
  • 49. You accept that, as a limited liability entity, KDPCCL has an interest in limiting the personal liability of its shareholders, directors, officers and employees. You agree that you will also not bring any claim personally against the shareholders, directors, officers or employees of KDPCCL in respect of any losses you suffer in connection with your use of the Product.
  • 50. You agree to defend, indemnify, and hold harmless KDPCCL, its shareholders, directors, officers and employees from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of the Product, including information provided in connection therewith; (b) your breach or alleged breach of our Terms of Use; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any claim.

Other

  • 51. You agree that we may, without prior notice, suspend or terminate the services if:
    • a. the Information you provide is inaccurate, fake or illegal/invalid;
    • b. you are in breach of this Agreement;
    • c. you fail to make sufficient payment to KDPCCL (if applicable);
    • d. we do so subject to law or requirements of competent authority;
    • e. there are other conditions upon which we need to do so.
  • 52. If your account is not in use in successive two months, we reserve the right to terminate such account (before one month prior to termination, we will notify you on your continuous status of not signing in your account and notify you that if you do not sign in within the following one month, we will terminate the account for use), in order to avoid any waste of resources and without any loss to us.
  • 53. Notwithstanding the above, we may wish to stop providing the Product and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the Product, and (if needed) delete it from your Device.
  • 54. If any provision of these Terms of Use is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms of Use.
  • 55. By using the Product you agree that the exclusions and limitations of liability set out in these Terms of Use are reasonable. If you do not think they are reasonable, you must not use the Product.
  • 56. You agree to our Privacy Policy.

Cancellation of your Account

57. You may contact us at [support@contsyncapp.com] from your verified email id to cancel your account (we may require a confirmation). We will respond to your request within a reasonable time. After cancellation of your account, we are not obliged to keep or provide information under your account. Except as otherwise provided by law, we will delete your personal information if so requested by you.

Changes to the Terms of Use

58. We may update our Terms of Use from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms of Use on this page. These changes are effective immediately after they are posted on this page.

Contact Us

By email: support@contsyncapp.com

By visiting this page on our website: www.contsyncapp.com/contactus/

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