InTouchApp Terms Of Service

Volare Technologies Pvt. Ltd. ("Volare", "us", or "we") operates various websites (e.g., intouchapp.com), provides apps for mobile phones (e.g., for Android, BlackBerry, iPhone, etc.), apps for browsers (e.g., for Chrome), applications (e.g., for Windows, Linux, etc., that integrate with other applications such as Outlook), or web plug-ins (e.g., for GMail, Yahoo, etc.) for end users to simplify their contact management (collectively referred to as "InTouchApp"). Volare provides an API ("API") for developers ("Developers") to create third party apps ("Third Party Apps"). InTouchApp provides a contact management service to simplify management of contact information (collectively, including InTouchApp, Site, API, Third Party Apps, the "Services").

This Agreement applies to both End Users and Developers. As used herein, "End User" means an end user of one or more of the Services. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

These Terms of Service ("Agreement") sets forth the legally binding terms for your use of the Services. By accessing or using the Services, you are accepting this Agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent). You may not access or use the Services or accept the Agreement if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services. By using the Services, you accept the terms set forth in our Privacy Policy (http://intouchapp.com/privacypolicy/), and you expressly consent to the collection, use and disclosure of all the data collected in accordance with the Privacy Policy, and you represent and warrant that you have all rights necessary to submit such data.

Accounts

In order to use certain features of the Services (e.g., if you are a End User), you must register for an account with Volare ("Account") and provide certain information about yourself as prompted by the registration form. In addition, you may voluntarily choose to create a Account. You represent and warrant that: (a) all required registration information you submit is truthful and accurate to the best of your knowledge; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions provided with the Services. Volare may suspend or terminate your Account in where it deems necessary. You are responsible for maintaining the confidentiality of your Account authentication information (such as username and password) and are fully responsible for all activities that occur under your Account. You agree to immediately notify Volare of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Volare cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Licenses

Site License: Subject to the terms of this Agreement, Volare grants you a non-transferable, non-exclusive, license to use the Site for your personal, noncommercial use.
InTouchApp License If you are an End User, subject to the terms of this Agreement, Volare grants you a non-transferable, non-exclusive, license to use the InTouchApp for your personal, noncommercial use.

Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions: (A) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (B) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (C) you shall not access the Site or Services in order to build a similar or competitive service; and (D) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.

Modification

Volare reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Volare will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof

No Support or Maintenance

You acknowledge and agree that Volare will have no obligation to provide you with any support or maintenance in connection with the Site or Services.

Contact Data

If you are an End User, when you use a Site or InTouchApp, we may collect Contact Data from you (as described in the Privacy Policy). You are solely responsible for your Contact Data. You hereby represent and warrant that your Contact Data, and providing us your Contact Data to use and disclose in accordance with our Privacy Policy, does not violate any third-party rights, including any privacy rights, or any laws, regulations, or obligations imposed by any third party. We will make reasonable efforts to maintain backups of your Contact Data as per your chosen plan. However, Volare is not obligated to keep backups from the past beyond the time offerred in your plan and the data may be deleted at any time. You are solely responsible for creating backup copies of your Contact Data if you desire.

License

You hereby grant, and you represent and warrant that you have the right to grant, to Volare an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license to “process” (meaning to perform any activity, including reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, disclose, and otherwise use) your Contact Data, solely to the extent necessary to perform the Services in accordance with the Volare Privacy Policy.

Enforcement

We reserve the right (but have no obligation) to review your Contact Data, investigate, and/or take appropriate action against you in our sole discretion if you violate this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your Contact Data, terminating your Account, and/or reporting you to law enforcement authorities.

Ownership

"Intellectual Property Rights" means all present and future worldwide copyrights, trademarks, trade secrets, patents, patent applications, mask work rights, moral rights, contract rights, and other proprietary rights recognized by the laws of any country. You acknowledge that the Site and Services (and all Intellectual Property Rights therein) are owned by Volare or Volare’s licensors. Subject to Volare's rights in the API, the Developer App (and all worldwide Intellectual Property Rights therein) are the exclusive property of Developer and its licensors. Volare and its licensors reserve all rights not granted in this Agreement. Volare does not license to Developer any rights to any Volare trademark, trade name, or logo. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to any or all Intellectual Property Rights therein. If you provide Volare any feedback or suggestions regarding the Site or Services ("Feedback"), you hereby assign to Volare all rights in the Feedback and agree that Volare shall have the right to use such Feedback and related information in any manner it deems appropriate. Volare will treat any Feedback you provide to Volare as non-confidential and non-proprietary. You agree that you will not submit to Volare any information or ideas that you consider to be confidential or proprietary.

Indemnity

You agree to indemnify and hold Volare (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your Contact Data or Personal Data, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations (including any privacy laws), and (e) if you are a Developer, your Developer App. Volare reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Volare. Volare will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Third Party Sites & Ads.

The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Volare and Volare is not responsible for any Third Party Sites & Ads. Volare provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.

Developers

Each Developer is solely responsible for any and all of its Developer Apps. Because we do not control Developers or their Developer Apps, you acknowledge and agree that we are not responsible for any Developers or their Developer Apps and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Developers or their Developer Apps, and we assume no responsibility for any Developers or their Developer Apps. Your interactions with Developers or their Developer Apps are solely between you and such Developer. You agree that Volare will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Developer, we are under no obligation to become involved.

Release

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, Developers, Developer Apps or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, Developers, Developer Apps or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

DISCLAIMERS

THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION ON LIABILITY

IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE SITE, OR SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU’VE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Term and Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Site and Services will terminate immediately.

General

Changes to Terms of Service. This Agreement is subject to occasional revision. Volare reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of this Terms Of Service at any time, with or without notice to you. Please check the Terms Of Service periodically for changes. The Terms Of Service will be available within InTouchApp. Your continued use of the Services after the posting of any changes to the Terms Of Service will signify your acceptance of those changes.

Copyright / Trademark Information

Copyright © 2011-2014, Volare Technologies Pvt. Ltd. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information:
Address: 7 Ganga Complex, Airport Road, Pune - 411006, Maharashtra, India
Email: support@intouchapp.com