Terms & Conditions (End User License Agreement)
END USER LICENSE AGREEMENT
Last Updated: July 6, 2021
ACCEPTANCE OF THIS EULA
YOU ARE REQUIRED TO REVIEW THIS EULA THOROUGHLY AND ACCEPT THE SAME BY CLICKING THE BUTTON BELOW, PRIOR TO USING THE SOFTWARE/ APP AND ITS SERVICES. IN CASE YOU FIND ANY ERROR IN THIS EULA, YOU MAY COMMUNICATE THE SAME TO MULTI-VERSE IN WRITING AT THE ADDRESS PROVIDED IN CLAUSE 22 OF THIS EULA. IF ANY TERM OF THE EULA IS NOT ACCEPTABLE TO YOU, PLEASE CEASE INSTALLING OR USING THE SOFTWARE FORTHWITH. YOUR CONTNUED USE OF THE SOFTWARE SHALL BE DEEMED TO BE AN ACCEPTANCE BY YOU OF THE TERMS OF THE EULA.
THIS EULA MAY BE UPDATED BY MULTI-VERSE FROM TIME TO TIME. ONCE THIS EULA IS AMENDED OR UPDATED, MULTI-VERSE WILL RELEASE THE UPDATED TERMS OF THE EULA IN THE SOFTWARE OR ON MULTI-VERSE’S/ SOFTWARE’S WEB PAGE AT WWW.MYN.GLOBAL, RESPECTIVELY. ONCE THE UPDATED/ AMENDED TERMS OF THE EULA ARE RELEASED, THE UPDATED TERMS WILL EFFECTIVELY SUBSTITUTE THE ORIGINAL TERMS OF THE EULA. THE LICENSEE MAY LOGIN INTO THE SOFTWARE/ APP OR VISIT THE WEBSITE TO REVIEW THE LATEST VERSION OF THE TERMS OF THIS EULA AT ANY TIME.
This EULA is important because it:
· outlines your legal rights and obligations vis-à-vis the Software/ App;
· explains the rights you give to MULTI-VERSE when you use the Software/ App;
· describes the rules you need to follow while using the Services offered on the Software/ App;
· contains an agreement on how to resolve any disputes that may arise;
· explains the specific terms upon which you may use the Services offered on the Software/ App;
1. SOFTWARE REQUIREMENTS
The use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Since use of the Services involves hardware, software and Internet access, the Licensee’s ability to access and use the Services may be affected by the performance of these factors. High-speed Internet access is recommended. The Licensee acknowledges and agrees that such system requirements, which may be changed from time to time, are the Licensee’s responsibility.
2. OWNERSHIP OF THE SOFTWARE
2.1. The Licensee understands that the Software, the App and all of its Services are the property of MULTI-VERSE and are protected by the Indian and international copyright, trademark and other laws. MULTI-VERSE owns and has the license to use all of the intellectual property rights relating to the Software, the Services, the App, the website, including without limitation, all intellectual property rights protected as trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, whether or not they happen to be registered. However, any third-party software or third-party services made available to the Licensee on the Software/ App are made available under the relevant third-party software license terms which will be applicable to You in case of your use of such software or services.
3. SOFTWARE LICENSE
3.1. Subject to the terms of this EULA, MULTI-VERSE grants the Licensee a personal, non-exclusive, non-transferable, revocable and limited license to install and use 1 (one) copy of the Software/ App for the Licensee’s personal use. Except as expressly stated herein, this EULA does not grant the Licensee any intellectual property rights in the Software/ App and all rights not expressly granted are reserved by MULTI-VERSE.
3.2. This EULA will be valid for an indefinite period or until terminated in accordance with the terms of this EULA.
4. AGE REQUIREMENTS
4.1. In order to access the Services of the Software/ App, the Licensee must:
(a) meet the legal age requirements in the respective country the Licensee is intending to use the Services on the Software/ App from;
(b) have the power to enter into a binding contract with MULTI-VERSE and not be barred from doing so under any applicable law; and
(c) reside in a country where the Software/ App is made available.
4.2. In case the Licensee does not meet the legal age requirement in the country in which the Licensee intends to use the Software/ App from, the Licensee’s parent or guardian (as the case may be) will be deemed to have accepted the terms of this EULA on the Licensee’s behalf, and in such a case, the parent or guardian (as the case may be) shall be bound by this EULA.
5. ACCOUNT CREATION
5.1. To get started with using the Services offered on the Software/ App, the Licensee is required to create an account on the Software/ App, by going to the ‘Sign Up’ section of the Software/ App and manually creating an account using his/ her email address and/or phone number; (“Account”). The Software/App may employ additional verification steps to ensure that the Licensee is a verified user and may also display the same as a graded metric. The system of verification will ensure that the Licensee earns a verified badge on each stage of additional verification successfully added to his profile and add a trust factor to his/her profile. The Licensee’s participation in additional verification is optional, and he/she may choose to opt out. However, then the Licensee will remain on the base grade of the verification parameter.
5.2. On successful sign-up the Licensee gets access to communicate and collaborate with his/her social connections as per his/her personality defined within the interface of the Software/ App. The Software/ App will have 3 (three) different Personas for each Account, namely ‘MYworld’, ‘MYown’, and ‘MYwork’ persona (“Personas”). The default landing homepage for every user will be the ‘MYworld’ page. The user may, thereafter, navigate to any other Persona and consume content accordingly. The interaction with various Personas can be engaged in the following manner:
5.2.1. MYworld: In this social interaction, the app user displays his/her public image and interact with the universe of MYn. He / She can air views that they deem they can share with the Public. The interactions will be based on the app user’s topics of interests viz., sports, politics, entertainment etc. Additionally, an individual has a local reference as part of his daily life interactions. Entities which are geo-located around play an important role in conducting our immediate day-to-day requirements. In this feature, local reference entities like society, local municipal ward, medical stores, sundry services will have spots. The app users can discover, interact and transact with these local entities.
5.2.2. MYown: This is the segregation of relationships that we have already established in our lives viz. Family, Friends, Colleagues, Acquaintances. Based on your relationship you can group your connections and interact accordingly. The user also has the option to set up and access his private cloud storage and a journaling feature.
5.2.3. MYwork: This Persona is enabled for your workplace. The app user’s organization can create a social collaboration and communication platform for the employees of the organization. In this Persona, the app user displays his professional personality and interacts as he/she would in office.
5.3. To manually create an Account, the Licensee may provide the following true and correct information (collectively, “Account Information”):
For creating an Account to avail the Services.
Personal email address
App Access security code
For Verification of User
Know-Your-Customer (KYC) details
For further proof of identification and creating an environment of trust between users.
Photograph & Face ID
Organization email address
For accessing ‘MYwork’.
Topics of Interest
Mandatory to choose minimum 3
To align the posts in the MYworld feed as per user preference
5.4. It is hereby clarified that an Account on the Software/ App can be created by just providing the information given in clause 5.3 (2) or (3), and by providing usage of the device’s biometric access system or a security PIN. Further, the user will be asked to verify himself by answering a set of security questions and getting peer verified by 3 other MYn users. The Licensee is provided a unique identification and verification number known as their MYnID. This helps in creating a safe environment on the Software/ App by eliminating fake profiles and helps vendors, communities on the Software/ App to offer their services to the Licensee.
5.5. The Licensee has the right to change or delete his/her personal data, Account Information and User Content (as defined below) submitted on the Software/ App through their Account in the manner prescribed except the mandatory fields which are important to be able to access the Software/App. The Licensee may choose to delete the Software/App which will delete all the Account information, subject to applicable laws. The Licensee hereby acknowledges that the deleted data will not be recovered, and the Licensee bears the risk associated with such action. Further, the Licensee understands that MULTI-VERSE may store the data of the Licensee on its servers for a certain period to comply with applicable laws.
5.6. The Licensee acknowledges and understands that it may take up to 48 (forty-eight) hours or more to validate and activate the Account and receive a ‘verification badge’. The Licensee further agrees that it will not disclose its Account details (including the password) to anyone and will notify MULTI-VERSE immediately of any unauthorized use of his/ her Account. The Licensee understands that the Licensee is responsible for all activities that occur under the Account, irrespective of whether the Licensee is aware of them or not.
5.7. MULTI-VERSE reserves the right to add, edit, modify, delete any information (including Account Information), in the event the same, in MULTI-VERSE’s sole discretion, is in breach of any applicable law and/ or this EULA and/or any of MULTI-VERSE’s policies at any time. MULTI-VERSE reserves the right to force forfeiture of any Account that remains inactive for a period of 120 (one hundred and twenty) days or violates any intellectual property rights or misleads other users or breaches any applicable laws or the terms of this EULA or policies of MULTI-VERSE. Further, MULTI-VERSE reserves the right to reclaim any Account (along with the Account Information) on behalf of the businesses or individuals that hold legal claims or intellectual property right claims over such Account Information.
5.8. The Licensee understands and acknowledges that the Licensee is responsible for (i) safeguarding the Account details, including any passwords / pin used to access the Account and the Software/ App; and (ii) entire use of the Software/ App and its Services, including any purchases made or payment obligations arising under the Account.
6.1. While individuals can register themselves on the Software/ App and create an Account without making payments, any organisation or entity which seeks to register itself on the Software/ App to make its services available to the users of the Software/App, will need to register itself through ‘MYwork’ by making a payment towards a monthly subscription of Services offered on the Software/ App (“Business User”). A Business User shall be required to make an upfront payment of such amount as shall be prescribed by MULTI-VERSE for creating an Account on Software/ App and execute such documentation as may be prescribed by MULTI-VERSE in this regard. A Business User Licensee will be responsible for all applicable fees and charges incurred, including applicable taxes.
6.2. The Licensee may make payments to third parties as part of the Licensee’s use of the Software/ App and its Services, through third party wallets which are made available on the Software/ App. It is hereby clarified that the Software/ App is only a platform which connects users and organisations with each other to facilitate sharing of ideas and collaborations. Notwithstanding anything contained in this EULA, in no case shall MULTI-VERSE be responsible for any incident, transaction, or occurrence of event of any nature, that occurs between the Licensee and any third party on the Software/ App including any monetary transactions of any nature.
6.3. The Business User Licensee which registers itself through ‘MYwork’ can cancel its subscription to the Software/ App at any time via the relevant application marketplace on its Device. Such cancellation will become effective 30 (thirty) days from the date of cancellation received and accepted. Please note that cancellation of the subscription by such Licensee has no bearing on an active subscription for which such Licensee has already been charged. Upon cancellation, the Licensee will continue to have access to the Services (subject to this EULA), until the end of the month for which the Licensee has already been charged.
The Licensee shall not:
7.1. reproduce or attempt to reproduce the Software/ App, in whole or in part or any MULTI-VERSE Content (defined below);
7.2. sell, assign, sub-license, disclose or otherwise transfer or make available the Software/ App, in whole or in part, to any third party;
7.3. access the Software/ App from any source other than Google Play Store or Apple App Store or such other marketplaces authorized by MULTI-VERSE;
7.4. side load the Software/ App or download or share an .apk or any other executable file of the Software/ App or use the Software/ App on any jailbroken device;
7.5. stalk, harass or harm another user or any third part on the Software/ App;
7.6. exploit or endanger any minor;
7.7. impersonate or attempt to impersonate any person or entity;
7.8. use the Services offered by the Software/ App to promote competing services;
7.10. implement, use, sell, distribute, transfer or permit any third party to implement, use, sell, distribute or transfer the Software/ App (and all the intellectual property rights thereto) for the purpose of profit making;
7.11. copy, alter, amend, run by mount or create any derivative work based on the Software/ App or any part or component thereof, data released to any mobile communication terminal’s internal memory by the Software/ App and interactive data between client terminal and server’s terminal during the operation of the Software/ App. For avoidance of doubt, the forms of restricted use include, but are not limited to, the creation of plug-ins, add-on programs or any unauthorized third-party tools/ services that access or try to access the Software/ App or its source code and other co-relative systems;
7.12. remove, delete or alter any proprietary notices or marks (including without limitation, the copyright statements) on the Software/ App;
7.13. re-engineer, de-compile, disassemble, alter, translate or reverse-engineer the Software/ App (or its source code) or any part or component thereof;
7.14. use any technology or automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses, KYC details or other data stored on the Software/ App;
7.15. use the Software/ App to take any action to threaten the security of the network, server, any other account on the Software/ App, without permission; attempting, without permission, to detect, scan or test the weakness of the Software/ App or its network system;
7.16. introduce or attempt to introduce any virus, trojan, bug, bots, worms or any other malicious program on the Software/ App or the website of the Software/ App;
7.17. use the Software/ App to deliver, publish, transmit or store any content that contravenes the laws of any country, or threatens the national security or social stability of any country;
7.19. publish, deliver, transmit or store any content that is inappropriate, insulting, defamatory, obscene (including pornographic content), violent or is against the laws of any country;
7.20. use the Software/ App to publish, deliver, transmit or store any content that infringes the intellectual property rights, trade secrets or other legal rights of any third party;
7.21. sell, lease, lend, spread or sub-license the Software/ App and/ or its Services or gain profits from using the Software/ App and/or its Services; and
7.22. use the Software/ App and its Services in any other illegal manner, for any illegal purpose or in any form which is in contravention of the terms of this EULA.
8. TERMINATION OF LICENSE
8.2. Once the license is terminated or suspended, the Licensee may not be entitled, if MULTI-VERSE deems so, to continue to use the Services under the same Account, a different Account or re-register under a new Account, and your right to use the Software/ App will immediately cease.
8.3. Any suspension or termination will not affect the Licensee’s obligations towards MULTI-VERSE under this EULA, which by their nature are intended to survive such suspension or termination.
8.4. Any suspension or termination shall not entitle a Business User, who is an organization or an entity, to claim refund of any payments made towards subscription of Services offered on the Software/ App in accordance clause 6.1 above.
9. SOFTWARE/ APP UPDATES/ USE OF LICENSEE’S DEVICE
9.1. MULTI-VERSE reserves the right to unilaterally change or restrict the functional aspects of the Software/ App for the purpose of business development or pursuant to directions from any governmental authority or in course of compliance with applicable laws and MULTI-VERSE takes no responsibility whatsoever in respect of any damages suffered by the Licensee as a result of such change or restriction on the Software/ App.
9.2. MULTI-VERSE reserves the right to amend or suspend the Services on the Software/ App at any time and without any prior notice to the Licensee. MULTI-VERSE will not be responsible to the Licensee or any third party for MULTI-VERSE’s exercise of its right to amend or suspend the Services offered on the Software/ App or the Software/ App itself.
9.3. In order for MULTI-VERSE to provide the Software/ App to the Licensee, MULTI-VERSE may require virtual access rights to and/or use of the Licensee’s Device that the Licensee uses to access the Software/ App. For example, use of the Device’s processor, location and storage to complete the relevant Software/ App installation or need to access the Licensee’s contact list to provide certain interactive functions within the Software/ App.
9.4. MULTI-VERSE will provide further information regarding how the Software/ App uses and accesses the Licensee’s device either (i) within the Software/ App; or (ii) in the manner prescribed by the relevant app store. The Licensee agrees to give MULTI-VERSE the access to and use of the Device and the Licensee acknowledges that if it does not provide MULTI-VERSE with such right of use or access, the Licensee may not be able to enjoy the Software/ App (or certain features of the Software/ App).
9.5. MULTI-VERSE is not responsible for any third-party charges that the Licensee incurs (including any charges from the internet service providers) in relation to the use of the Software/ App by the Licensee.
10. THIRD PARTY CONTENT AND SERVICES
10.1. The Services offered by the Software/ App may be integrated with or may otherwise interact with third party applications, websites, micro-applications and services to make the Services available to the Licensee. These third-party applications or micro-applications may have their own terms and conditions of use and privacy policies and the Licensee’s use of these third-party applications on their Devices will be governed by and subject to such terms and conditions and privacy policies. MULTI-VERSE is not responsible for and does not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed on the Software/ App (or the website), including content provided by users of the Software/ App or by our advertisers or by the micro-applications registered deployed and integrated on our Software/ App. The Licensee acknowledges and agrees that by using the Software/ App, the Licensee may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Further, the Licensee acknowledges and agrees that the Software/ App is only a platform connecting the Licensee with other users and third parties offering goods and services and that by using the Software/ App, the Licensee may be exposed to services or micro-applications which may be harmful or fraudulent in nature. Any reliance on or use of any content/ micro-application on or accessible from the Software/ App by the Licensee is at the Licensee’s own risk and MULTI-VERSE shall not be responsible for any claims/ liabilities arising out of such use in any manner whatsoever.
10.2. MULTI-VERSE does not guarantee the quality, reliability or suitability of any third party services, programs or websites provided, made available, advertised or linked through the Software/ App and MULTI-VERSE will not bear any responsibility for the Licensee’s use of or relationship with any such third party services, including any payment obligations or fees that the Licensee may incur by use of such third party services or their websites accessed through the Software/ App.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. For purposes of this EULA, (i) “MULTI-VERSE Content” means the Services, and all information and/ or content that you see, hear or otherwise experience on the Software/ App including but not limited to text, graphic, images, music, software, audio, video, stills, works of authorship of any kind, and information or other materials that are posted, transmitted, displayed, generated or otherwise made available through the Software/ App; and (ii) “User Content” means any content that the Licensee makes available on the Software/ App, however, it does not include Account Information.
12.2. MULTI-VERSE does not claim ownership rights in any User Content that the Licensee makes available through the use of the Software/ App. By displaying, publishing or making available any User Content on or through the Software/ App, the Licensee grants MULTI-VERSE a non-exclusive, fully paid and royalty free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, translate and create derivative works of such User Content, including without limitation, distributing part of all of the User Content in any media format through any media channel. The Licensee agrees that MULTI-VERSE may commercially use any User Content made available by the Licensee through the Software/ App, in accordance with applicable laws. The Licensee acknowledges and confirms that it shall not be entitled to receive any revenue and/or any part thereof generated on account of inclusion of the User Content in any commercial campaign for the Software/ App by MULTI-VERSE.
12.3. MULTI-VERSE does not review the User Content submitted by the Licensee or other users and such User Content is not considered to be confidential information. MULTI-VERSE is not responsible for the User Content and does not necessarily endorse any opinion contained in such User Content. MULTI-VERSE makes no warranties or representations, express or implied, about the User Content, including as to its legality or accuracy.
12.4. The Licensee hereby grants MULTI-VERSE, a sub-licensable, irrevocable, perpetual and worldwide license to exploit, wholly and without limitation, any and all of the User Content and/or part thereof, through any and all modes, media and formats. The license of rights granted under this EULA by the Licensee to MULTI-VERSE includes but is not limited to (i) the right to advertise, publicize and/or promote the User Content in connection with the use, sale, performance and/or distribution of the User Content; (ii) the right to communicate to the public, the User Content through all modes and mediums now known or invented and/or developed in future, including but not limited to, broadcast or through any other present future broadcast media; (iii) to exploit the mobile, digital and electronic rights in each and/or all of the User Content; (iv) to synchronize the User Content with other content in any manner and to any extent whatsoever; and (v) to reproduce the User Content in any material form and issue copies of the User Content.
12.5. Where permitted under applicable law, the Licensee also agrees to waive any “moral rights” (or the equivalent under applicable law), such as the right to be identified as the author of the User Content, the right to object to derogatory treatment of such User Content. If such moral rights are not waivable, then the Licensee agrees not to sue MULTI-VERSE or failure to identify the Licensee as the author of any User Content or for any use of the User Content on the Software/ App that may constitute a violation of moral rights.
12.6. MULTI-VERSE grants the Licensee a license as described in clause 3.1 above. The Services made available through the Software/ App are not sold or transferred to the Licensee and MULTI-VERSE and its licensors, if any, retain ownership of all copies of the Software/ App (including the website), software applications, data, content, visuals, stills, etc. even after installation on the Licensee’s personal computer, mobile handsets, tablets, wearable devices, smart speakers, IoT devices, smart-home hubs and/or other devices (“Devices”). The Licensee will not use, copy, adapt, modify, prepare derivate works based upon, distribute, license, sell, transfer, publicly display, transform, stream, broadcast or otherwise exploit MULTI-VERSE’s Content, except as expressly permitted in this EULA, without MULTI-VERSE’s express prior written consent. No license or rights are granted to the Licensee by implication or otherwise under any intellectual property rights owned or controlled by MULTI-VERSE or its licensors, except for the licenses and rights expressly granted in this EULA.
13. ERRORS, INACCURACIES AND OMISSIONS
13.1. Occasionally there may be information on the Software/ App that contain errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Software/ App or on any related website is inaccurate at any time without prior notice.
13.2. We undertake no obligation to update, amend or clarify information on the Software/ App or on any related website except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information on the Software/ App or on any related website has been modified or updated.
13.3. Furthermore, there may be occasions when the Services on the Software/ App are interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond MULTI-VERSE’s control, that may further result in loss of certain or all content, features, and functionalities.
14. DISCLAIMER OF WARRANTIES
14.1. The Licensee expressly agrees that use of the Software/ App (including its Services) thereon is at its sole risk. The Software/ App and its Services are provided on an “as is” and “as available” basis. MULTI-VERSE expressly disclaims any and all liabilities, warranties, representations, conditions, or indemnities of any kind, whether express or implied including, but not limited to any and all liabilities and warranties of fitness for a particular use or purpose, non-infringement, title, operability, condition, value, accuracy of data and system integration.
14.2. MULTI-VERSE and/or its affiliates expressly disclaim any liabilities and warranties regarding security, accuracy, reliability, timeliness and performance of the Software/ App or that the Software/ App and its Services will be error free or that any errors will be corrected. No advice or information provided to you by MULTI-VERSE will create any liability or warranty that is not expressly stated in this EULA.
14.3. MULTI-VERSE makes no representations concerning, and do not guarantee, the accuracy of the Services offered on the Software/ App, including but not limited to, any information provided through the Software/ App or their applicability to the Licensee’s individual circumstances.
14.4. The Licensee understands and acknowledges that a Business User registered on MYworld may send the Licensee push notifications or advertisements depending on the Business User’s own terms and conditions. MULTI-VERSE shall not be responsible for any interaction between the Licensee and the Business User. The Licensee acknowledges and agrees that the Software/ App is only a platform being provided by MULTI-VERSE to the Licensee to interact with various users including the Business Users.
15. REPRESENTATIONS, WARRANTIES, UNDERTAKINGS AND INDEMNITY
15.1. The Licensee covenants that it shall:
(a) comply with any and all applicable laws and/or such other rules and guidelines as may be applicable to the Licensee;
(b) comply with all of the Licensee’s wireless carrier’s / data provider’s terms and conditions;
(c) not breach any of the terms set forth in this EULA;
(d) verify and affirm the accuracy and truthfulness of all the information the Licensee provides to MULTI-VERSE; and
(e) not upload any information on the Software/ App that will infringe any third party rights, including without limitation, intellectual property rights and rights of privacy or publicity.
15.2. In addition to the above, the Licensee agrees, acknowledges and confirms the following:
(a) MULTI-VERSE and/or its affiliates (including their directors, officers and/or employees) accept no responsibility for any legal or financial events or outcomes arising out of the use of the Software/ App;
(b) The Services offered on the Software/ App are for personal or commercial use.
(c) the Licensee will use the Software/ App and its Services in a manner consistent with any and all applicable laws and regulations;
(d) the Licensee will not falsify its identity or misrepresent itself or any other user or any third party, in any way, on the Software/ App; and
(e) all advertisements/ notifications received by the Licensee through a third party registered on the ‘MYworld’ are advertisements/ notifications of such third party and MULTI-VERSE is not responsible for the same.
15.3. The Licensee understands that the failure to comply with the foregoing provisions or the restrictions contained in clause 7 (Restrictions) may result in immediate suspension or termination of the Licensee’s right to use the Software/ App. MULTI-VERSE reserves the right, at its sole discretion and in all instances, to determine whether the Licensee has or has not complied with any provision of this EULA.
15.4. The Licensee will indemnify, defend, and hold harmless MULTI-VERSE, MULTI-VERSE’s licensors and affiliates and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
(a) Licensee’s access to and use of the Software/ App;
(b) Licensee’s violation of any of the provisions of this EULA;
(c) Licensee’s violation of any rules, regulations, acts or laws that are in force or that may come into force from time to time;
(d) any activity related to Licensee’s Account by the Licensee or any other person accessing the Software/ App through the Licensee’s Account, including without limitation, negligent or wrongful conduct; or
(e) Licensee’s violation of any third party rights.
15.5. MULTI-VERSE reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Licensee, in which event the Licensee hereby agrees, undertakes and confirms to cooperate with MULTI-VERSE in asserting any available defenses.
16. LIMITATION OF LIABILITY
16.1. To the maximum extent permissible by applicable laws, in no event will MULTI-VERSE and/or its affiliates be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages, or lost profits, arising out of, or in connection with, your use of the Software/ App or its Services and/or MULTI-VERSE’s Content, whether or not the damages are foreseeable, and/or whether or not MULTI-VERSE has been advised of the possibility of such damages in advance. In the event you are in a jurisdiction that does not allow limitation of liability in the manner stated hereinabove, the limitation shall apply to you to the extent permitted by applicable laws. If you are dissatisfied with the Services on the Software/ App, your sole and exclusive remedy is to discontinue using the Services and the Software/ App.
16.2. Except as otherwise required by applicable law, any claim or cause of action arising out of or relating to your use of the Software/ App and/or our relationship with you, must be brought within 30 (thirty) days of the occurrence of the event giving rise to the claim or cause of action, or the same will be deemed to be forever barred.
16.3. MULTI-VERSE and/or its affiliates shall, under no circumstances whatsoever, be liable for any delay and/or default in performance under this EULA caused by an event beyond their reasonable control, including but not limited to, war, accident, lock-down, act of god, pandemic, industrial action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of goods or services to MULTI-VERSE or to you.
16.4. MULTI-VERSE AND/OR ITS AFFILIATES DISCLAIM ANY LIABILITIES AND WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SOFTWARE/ APP OR THAT THE SERVICES ON THE SOFTWARE/ APP WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED OR THE SERVICES OFFERED BY THIRD PARTIES ON THE PLATFORM OF THE SOFTWARE/ APP WILL NEVER RESULT IN ANY LIABILITY FOR THE LICENSEE. NO ADVICE OR INFORMATION PROVIDED TO YOU BY MULTI-VERSE WILL CREATE ANY LIABILITY OR WARRANTY THAT IS NOT EXPRESSLY STATED IN THIS EULA.
17. CLASS ACTION WAIVER
Where permitted under the applicable law, the Licensee agrees that it may bring claims against MULTI-VERSE only in its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both MULTI-VERSE and the Licensee, as a party to this EULA agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
18.1. In the event of any disputes, differences or claims arising in connection with this EULA, during its subsistence and/or after their termination in any manner whatsoever, including the validity and/or construction and/or interpretation of any of the sections hereof or anything done or omitted to be done pursuant hereto, the parties entering into this EULA shall to the fullest extent possible, try to settle the disputes, differences or claims in the first instance by prompt and good faith negotiations between themselves.
18.2. Any dispute that is not resolved within 30 (thirty) days of the occurrence thereof shall be referred to and finally settled by way of arbitration in Bangalore, under the Arbitration and Conciliation Act, 1996, as amended from time to time (the “Arbitration Act”). The arbitration shall be conducted by a sole arbitrator appointed in accordance with the Arbitration Act.
18.3. The seat, place and venue of the arbitration proceedings shall be Bangalore, India and the language of the arbitral proceedings shall be English. All aspects of the arbitration shall be treated as confidential. The law governing this arbitration agreement shall be the law of India.
18.4. The arbitrator shall have the power to grant any legal or equitable remedy or relief available under applicable law, including injunctive relief (whether interim and/ or final) and specific performance. For avoidance of doubt, each party to the dispute shall be entitled to apply to the appropriate court of competent jurisdiction for interim or interlocutory relief in respect of such arbitration.
18.5. The arbitrator shall also have the power to decide on any dispute regarding the validity of this clause 18.
18.6. During the course of any arbitration under this clause 18, except for the matters under dispute and subject to any interim reliefs/ orders granted by courts/ or the arbitrator, the parties entering into this EULA shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under this EULA.
18.7. The parties entering into this EULA shall participate in good faith to reasonably expedite (to the extent practicable) the conduct of any arbitral proceedings commenced under this EULA.
18.8. The arbitrator shall render a written and reasoned award in writing at the earliest and in its award, also, decide on and apportion the costs and reasonable expenses (including reasonable fees of counsel) incurred in the arbitration. Any arbitral award or measures ordered by the arbitrator: (a) may be specifically enforced by any court of competent jurisdiction; and (b) shall be final and binding on the parties entering into this EULA.
19. GOVERNING LAW AND JURISDICTION
This EULA shall be strictly governed by and constructed in accordance with the laws of India and subject to Section 18 hereinabove, the courts of Bangalore, India shall have exclusive jurisdiction over any disputes arising from this EULA or use of the Services and the Software/ App.
20. CHANGES TO THIS EULA
MULTI-VERSE reserves the right to change the terms of this EULA at any time for any reasons deemed fit by MULTI-VERSE, including but not limited to, improving the existing functions or features of the Software/ App, adding new functions or features to the Services offered on the Software/ App, reasonable technical adjustments to the Software/ App, ensuring the effectivity of security features of the Software/ App, and adjustments to the Software/ App pursuant to legal or regulatory compliance requirements. Any changes that we make will become a part of this EULA and the terms with you when they are posted and as such, you are required to regularly check this page. MULTI-VERSE may choose to notify you of any changes to this EULA by way of push notifications and/or pop-ups and/or e-mails within the Software/ App. Your continued use of our Software/ App will constitute your agreement to any changes made to this EULA by MULTI-VERSE. If you do not wish to continue using the Software/ App under the new version of the terms of this EULA, you may terminate your Account by contacting MULTI-VERSE. The last date on which the terms of this EULA were revised is set forth at the top of this document.
22. CONTACT INFORMATION
If you have any questions about the terms of this EULA or the Software/ App or the Services offered on the Software/ App, please contact MULTI-VERSE at [email protected].
Entity Name: MULTI-VERSE TECHNOLOGIES PRIVATE LIMITED
Registered Office Address: #41/1, New No.35, Third Floor, Nanjappa Road, Shantinagar, Bengaluru - 560027
Grievance Officer : Peenaz Moshraf
: Peenaz Moshraf
Contact Details: [email protected]