Thanks for using “Kista” App, which is provided by Wooliv Solutions Private Limited. By using Kista, you have understood and accepted the terms and conditions (Terms of Use).
Although all the clauses contained in this agreement are standard clauses about software products, it is advised that you read them entirely.
This End-User License Agreement ("EULA") constitutes an agreement between you and Kista (herein referred to as the "Owner") with regard to the Kista application for Mobile Phones (herein referred to as "Software Product" or "Software"). By installing the Software, you are agreeing to be bound by the terms of this license agreement.
Your use of the Software (as specified below) is subject to the terms and conditions set forth in this EULA. If you do not accept the terms of this EULA, do not install or use the Software.
-
LICENSE. The Software is licensed, not sold. The Owner grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use on a single device. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
-
RESTRICTIONS OF USE. Unless the Owner has authorized you to distribute the Software, you shall not make or distribute copies of the Software or transfer the Software from one device to another. You shall not decompile, reverse engineer, disassemble, include in other software, or translate the Software, or use the Software for any commercial purposes. You shall not modify, alter, change or otherwise make any modification to the Software or create derivative works based upon the Software. You shall not rent, lease, resell, sub-license, assign, distribute or otherwise transfer the Software or this license. Any attempt to do so shall be void and of no effect.
-
DISCLAIMER OF WARRANTY. The Software is provided "AS IS", without warranty of any kind. We disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. We do not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be error-free.
-
LIMITATION OF LIABILITY. In no event will the Owner be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the Software, including but not limited to damages to property, loss of goodwill, computer or mobile device malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this EULA or the Software, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not the Owner has been advised of the possibility of such damages. Because some states/countries do not allow certain limitations of liability, this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applied solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted. This EULA gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction. In no event shall the Owner's liability for all damages (except as required by applicable law) exceed the actual price paid by you for use of the Software.
-
PRIVACY AND ADVERTISING. You can find our Privacy Policy on our website or in our application.It is advised that you read them entirely.
-
INDEMNITY. You agree to indemnify, defend and hold the Owner harmless from and against any and all damages, losses, and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Software pursuant to the terms of the EULA; or (ii) your breach of this EULA.
-
CHANGES. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes we may make to our privacy policy in the future will be posted on this page. You should check this page from time to time and take note of any changes.
General
Notwithstanding anything contained herein, Wooliv/Kista reserves the absolute right to delete, in any manner as it deems fit, any content of any profile/posts on Kista/website/App (once such instance come to our notice) in order to ensure, that proper consent has been obtained by you, prima facie accuracy and the prevailing laws in force for the time being, especially those relating to providing/sharing any obscene, libelous, blasphemous, slanderous, defamatory or invasive of another person's (deceased or alive) right of privacy or publicity, or that may reasonably be deemed to be harmful, vulgar, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, nationality, gender or otherwise unfit for reproduction; or suggests or encourages unfair or illegal /indecent, unlawful activity. Kista also reserves the right to block/ delete / suspend the profile which might be offensive, illegal or that might violate the rights, harm or threaten the safety of our office bearers/employees (including undue communication with any employee) and/or other registered users or using our Kista website/App as a means of communication while sending images/notes, etc to other Kista members.
Content Right
- You agree that all content of Kista belong to Wooliv excluding your or third party content.
- You acknowledge that you alone are responsible and liable for the content (mandatory or optional content you provided on our website) and information including the profile details, photograph and other content(s) keyed in the relevant field of the Website/App at the time of the creation of the Kista profile or subsequently modified by you and also for all the post and communication (including personalized images/notes sent by Kista paid members) with other member(s). You hereby represent and warrant that you own all rights, title and interest in your content/information or have the necessary licenses, rights, consents, and permissions to provide the said content/information. However, by submitting the content/information to Kista, you hereby grant Kista a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, communicate to the public, law enforcement agencies, courts, and the Kista's business and services, including without limitation for promoting, communicating to the public and redistributing part or all of the content/information (and derivative works thereof) in any media formats and through any media channels.
- While Kista does not accept any obligation to monitor the content/information in your profile/posts, if the content/information is found not to be in compliance with these Terms and conditions, Kista may delete the content/information and / or terminate or suspend your registration or (without a refund of any subscription paid by you). You agree that if the situation warrants Kista may at its sole discretion put restriction on any Kista member to other member's communications.
Subscriptions
We Offer In-App Purchases within Kista App with the Annual subscription paid for by an upfront one-off payment with automatic annual / monthly renewals.
Payment will be charged to iTunes Account / Google Play Account at confirmation of purchase
The subscriptions are automatically renewed unless turned off at least 24-hours before the end of the current period
Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription.
We reserve the right, at our sole discretion, to modify or adjust current and future pricing models for the use of our service, at any time.
Refund Policy
For in-app purchases made through the App Store, we do not have the right to issue any refunds. The only way to receive a refund for such purchases is to contact Apple.
For in-app purchases made through Google Play Store we offer no refunds.
Please be noted that automatic renewal of the service might occur for in-app purchases made through App Store and Google Play Store. In such a case, refunds will not be issued. Users are responsible for canceling future renewals at the relevant App market.
Copyright
All the resources including the images, videos, audios, and texts are protected by the trademark and copyright. Any use of the above sources without permission is illegal. All right, title, and interest in and to Kista are and will remain the exclusive property of Kista and its licensors. The services are protected by copyright, trademark, and laws of all available countries. Nothing in the Terms gives you a right to use the Kista name or any of the Kista trademarks, logos, domain names, images, videos, audios and texts, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Kista 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.
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at develop@wooliv.com