Welcome to "Mumkin: Making Difficult Conversations Possible". "Mumkin: Making Difficult Conversations Possible" is an Artificial Intelligence-driven mobile application (hereinafter "App") to facilitate discussions on difficult social topics, such as Female Genital Cutting, through mock conversations with chatbots (collectively called "Services"). The App has been co-created by Priya Goswami and Aarefa Johari (hereinafter "Proprietors" or "We" or "Us" or “Our”).
This document is an electronic record in terms of the Information and Technology Act 2000 and Rules as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.
“MUMKIN: Making Difficult Conversations Possible” has been co-created by Priya Goswami and Aarefa Johari ( "We"or "Us" or "Proprietors"). The App is an Artificial Intelligence-driven mobile application to facilitate discussions on difficult social topics, such as Female Genital Cutting, through mock conversations with chatbots. The aim of the App is to help facilitate real-life conversations by helping the User shed inhibitions and gain confidence through simulated in-app conversations. The App has other features too. On account of the use of internet, the App may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing the App and availing of the Services with Your choice and initiative, and You agree and undertake to ensure that Your use of the App and the Services complies with all applicable laws including the local laws of Your jurisdiction.
6. WHO MAY USE THE SERVICE/ELIGIBILITY TO USE THE APP:
i. The services are applicable for individuals who have attained the age of majority (in India the age of majority is 18 years) in their jurisdiction.
7. INTELLECTUAL PROPERTY:
i. All contents displayed or performed on the Services, including, but not limited to, applications, software and/or services that are designed to operate with the Services, text, graphs, articles, photos, images, illustrations and so forth is the property of the Proprietors of the "App" and are protected by the copyright laws and other intellectual property laws.
ii. The Proprietors shall own all titles, interest and rights, including all related Intellectual Property, in/of the App and/or Your device including but not limited to the object code and the source code of the App, features of the services, which is/are protected by the applicable laws except the content owned by the user.
8. YOUR ACCOUNT:
In order to use the Services, You will need to sign up for an account, and You will be required to be logged into the account. You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your account, and You agree to accept responsibility for all activities that occur under Your account or password. You should not reuse Your account password/PIN on third party Applications.
10. TERMINATION OF SERVICES:
Proprietors reserve the right to immediately terminate, suspend, limit, or restrict Your account or Your use of the Services or access to any content at any time, without notice or liability, if Proprietors so determine in their sole discretion.
11. ACCESS AND USE OF SERVICES:
You are give a limited, non-exclusive, non-transferable (except in case of a parent or legal guardian-minor relationship as explained above), non-sublicensable, revocable permission to use the App and avail its services during the subsistence of Your account and no right, title or interest in any content will be deemed transferred to You.
The Proprietors reserve the right to change the Terms under which the Services are offered. The Terms may be further modified based on the changes in the legal and regulatory requirements and will be updated accordingly online. You are therefore encouraged to periodically visit the page containing Terms to review the changes. The Proprietors also reserve the right to add, modify or delete any content or features available in the Services at any time at their sole discretion.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Proprietors without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
14. USE LIMITATION:
i. The App is merely intended for Your personal and non-commercial use.
ii. As a condition of Your use of the App, You warrant to the Proprietors that You will not use the App for any purpose that is commercial, unlawful or prohibited by these Terms and the relevant laws. You further undertake that You shall not use the App in any manner which could damage, disable, overburden or impair the Services or interfere with the working of the App.
iii. You may not use the Services and/or App if You have not attained the age of majority (18 years in case of laws applicable in India) as per the laws applicable to Your jurisdiction. You further undertake that if You are above the age of 16 years but below the age of majority as per the laws applicable to Your jurisdiction, then You will use the App with the permission and under the supervision of Your parent or the legal guardian in the manner prescribed above.
iv. You must not access the App if You are a person who is either barred or otherwise legally prohibited from receiving or using the Services or any Services under the laws of Your jurisdiction.
v. Updates - You may need to install updates to the App or related software that are introduced from time to time to use the App. Services originating from the App may communicate with servers from time to time to check for available updates to the Services and to the functionality of the App.
vi. Accuracy of the information - You agree that the information entered by You while creating/updating Your profile or using any of the Services is true, complete and accurate in all respects. The Proprietors shall not be responsible for any losses or any kind of liability arising out of the discrepancy in Your data. You shall be solely responsible for maintaining confidentiality and security of Your user account and for all activities that occur on or through Your user account.
15. LIMITATION OF LIABILITY:
To the maximum extent permitted by the Applicable law, in no event shall the Proprietors be liable to You for any special, incidental, indirect, punitive or consequential damages whatsoever arising out of the use of or access to the App or for any breach or any Virus, Bug or any kind of unauthorized intervention, or technical malfunctioning of the App, whether or not foreseeable, or any possibility of liability arising out of breach of contract, or warranty, negligence or other tortuous action, or any other claim arising out of, or in connection with, Your use of, or access to, the application or the content.
You shall be solely responsible for the content and other materials You transmit through the Service or share with other users or recipients. You also shall not transmit any content that You did not create or that You don’t own all rights, titles and interests in.
The Proprietors make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software and Services and related content on the App for any purpose or that the services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that Services are free of Viruses and other harmful components. All information, software and Services and related content are provided "as is" without warranty of any kind. The Proprietors hereby disclaim all warranties and conditions with regard to the information, software, and services and related content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. No advice or information, whether oral or written, obtained by You through the Service will create any warranty not expressly stated herein. Any content downloaded or obtained through the use of Service is downloaded at Your own risk and You will be solely responsible for any damage or loss to Your device on which App is being used or loss of data that results from such download or Your use of the Service.
You specifically agree that the Proprietors shall not be responsible for unauthorized access to or alteration of Your transmissions of data, any material or data sent or received, or any transactions entered into through the App. You also specifically agree that the Proprietors will not be responsible or liable for any threatening, defamatory, obscene, offensive or illegal services or conduct of any other party or any infringement of another's rights, including Intellectual Property Rights.
In no event shall the Proprietors be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for or in relation to (a) Loss of use, data or profits arising out of or in connection with the use or the performance of the App; (b) Any delay or inability to use the App or Services; (c) The provision of or failure to provide Services, or for any information or Services obtained through the App; (d) Or otherwise arising out of the use of the App or the Services.
16. GOVERNING LAWS AND DISPUTE RESOLUTION:
These Terms and Conditions are governed and construed in accordance with the laws of India. The courts in Mumbai, Maharashtra, shall have exclusive jurisdiction to hear disputes arising out of these Terms. You agree to submit to the personal jurisdiction of the courts located in Mumbai, Maharashtra, for any actions for which We retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of Our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
17. FORCE MAJEURE:
The Proprietors shall be under no liability whatsoever in the event of non-availability of any portion of the App or subscribed content occasioned by the act of God, war, disease, health emergency, revolution, riot, civil commotion, strike, failure of any public utility, man made disaster, infrastructure failure or any other cause whatsoever beyond the control of the Proprietors of the App. The Proprietors shall not be held responsible for any delay or failure to comply with their obligations under this Agreement if the delay or failure arises from any cause which is beyond their reasonable control.
If any of the provisions of these Terms are deemed invalid, void, or for any reason unenforceable, that part of these Terms will be deemed severable and will not affect the validity and enforceability of any remaining provisions of these Terms.
19. HOW TO CONTACT US:
For general inquiries or any kind of assistance, You may contact Us at firstname.lastname@example.org. For legal notices or service of process, You may write to Us at email@example.com.