Oyku Terms of Service

1. Terms

By accessing the website at http://www.oykuapp.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Oyku's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Oyku's website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Oyku at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Oyku's website are provided on an 'as is' basis. Oyku makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Oyku does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Oyku or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Oyku's website, even if Oyku or a Oyku authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on Oyku's website could include technical, typographical, or photographic errors. Oyku does not warrant that any of the materials on its website are accurate, complete or current. Oyku may make changes to the materials contained on its website at any time without notice. However Oyku does not make any commitment to update the materials.

6. Links

Oyku has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Oyku of the site. Use of any such linked website is at the user's own risk.

7. Modifications

Oyku may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of India and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Applicable laws

You may have additional obligations under local law other than those described in this Terms of Service. Such obligations may be more restrictive than this Terms of Service. Use of the Services does not ensure compliance with such laws, nor is Oyku responsible for your compliance with such laws.

9. Ownership

Except for User Content (defined below), all materials on the Service including the mini-applications that integrate other applications and services (“Recipes”) and the Service itself and all Intellectual Property Rights contained therein or related thereto, including text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation (collectively, the “Content”), including but not limited to the design, structure, arrangement, and “look and feel” of such Content, is owned by or licensed to us and our licensors and is protected by copyright, trademark, and other intellectual property rights and laws.

Other than as provided herein, Oyku does not grant to user any license, express or implied, to the intellectual property of Oyku or its licensors. Except as expressly provided in the Terms of Service, no part of the Service and no Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes.

Subject to the terms and conditions of this Agreement, Oyku provides you with a non-exclusive, revocable license to use the Service, including the Recipes, as expressly permitted by the features and functionality of the Service and the Terms of Service. Oyku may terminate this license at any time for any reason or no reason.

10. User Content

We allow users to post or publish content on or upload content to the Service, including but not limited to (all) app templates or functionality created and contributed by you. Any content a user submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.” You retain ownership of your User Content. We have no obligation to store, maintain, or provide you a copy of your User Content. You alone are responsible for any of your User Content that may be lost or unrecoverable through your use of the Service.

Additionally, you may choose to or we may invite you to submit comments, ideas, or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Oyku under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Oyku does not waive any rights to use similar or related Feedback previously known to Oyku, or developed by its employees, or obtained from sources other than you. Additionally, you acknowledge that all email and other correspondence that you submit to us shall become our sole and exclusive property.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

You own all of the User Content you post or publish (“post”) on the Service. You grant us a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, worldwide license to use, modify, reproduce, display, and distribute your User Content on the Service for the purposes of operating and providing the Service to you and other users (“User Content License”). You understand and agree that the Service is a public platform and other users may search for, see, use, and/or re-post any User Content that you make publicly available through the Service.

11. Rules

Your obligations to end users:

Roles

Oyku is a “service provider” to you, and you are a “customer” of our Services irrespective of whether you pay fees to obtain the Services. Any natural persons accessing or using your Oyku created apps and other software created by you on our Services are deemed your “end users.” Oyku does not have a direct relationship with any of your end users, therefore Oyku is not responsible for how you handle end user information.

Security safeguards

You will use all reasonable efforts to protect information collected from end users via your use of the Services, including any personal information obtained from unauthorized access or use. In the event you discover that the end user information collected by you has been breached, compromised, or inadvertently exposed to non-authorized third parties, you shall notify Oyku promptly of such a breach or exposure including the root cause, remediation steps, and compensating controls to ensure such a breach does not occur in the future.

Security notification

‍You are responsible for providing notification to your end users, third parties, or authorities under the applicable breach notification statutes and any other applicable data protection laws. You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of any Services.

Privacy

You acknowledge and agree that you are solely responsible for providing any required notices and obtaining all required consents from end users in connection with any use of the Services. Your notice and consent must be compliant with all applicable data protection and security laws and regulations. Without limiting the foregoing, before collecting or using any end user information, you must provide adequate notice of the end user information you collect, how it will be used and/or shared, and obtain any necessary consents required under the applicable data protection laws and regulations. You agree to comply with all data protection laws and regulations (including those applying to personal information) in connection with your access and use of the Services.

Privacy rights

You will respond to any end users wishing to exercise their privacy rights, under the applicable law, as it relates to any information collected via your use of the Services. For example, if end users located in certain jurisdictions may exercise a “right to be forgotten” (or “erasure”) to the information you have collected about them, you shall comply with their request as required by applicable law. For clarity, you are directly responsible (or, the “data controller”) for the information processed by your use of the Services, including any information processed via third-party applications available on the Services. Oyku is not a data controller to such information and is not responsible for responding to end users on your behalf. To the extent Oyku receives a request from an end user or authority about your use of the Services, Oyku will notify you as permitted by law.

‍User content

You agree that any User Content that you post does not and will not violate any law or infringe any rights of any third party, including without limitation any Intellectual Property Rights, publicity rights, or rights of privacy. If you think any User Content infringes your rights, or if you want to challenge User Content that has been taken down from the site, please refer to Oyku’s Copyright Policy in Section 13 below. We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates the Agreement.

You agree not to post User Content that:

M‍ay create a risk of harm, loss, damage, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, to any animal or to any property seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise may constitute or contribute to a crime or tort contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable contain software or other material that violates or invades the intellectual property rights (or rights of privacy or publicity) of any third party includes any information or content to which you have not obtained any necessary rights or permissions to use accordingly or to make available under any law or under contractual or fiduciary relationships contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets)contains any information or content that you know is not correct and current, oris adult in nature, such as any nudity in a sexual context, exposed genitalia, or any content with adult themes.

Use of the Service

Your use of the Service is subject to all applicable laws and regulations.You may not: use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy, or monitor any portion of the Service or any Content or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service attempt to gain unauthorized access to any portion of the Service or any Content, or any systems or networks connected to the Service, by hacking, password “mining”, or any other illegitimate means probe, scan, or test the vulnerability of the Service or any Content, or any system or network connected to the Service reverse look-up or trace any information of any other user or visitor or otherwise use the Service for the purpose of obtaining information of any other user or visitor transmit spam, chain letters, or other unsolicited email take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure upload invalid data, viruses, worms, or other software agents through the Service impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide, or attempt to hide your identity disclose any information that you do not have the consent to disclose (such as confidential information of others, including their personally identifiable information)use any device, software, or process to interfere with, or attempt to interfere with, the proper working of the Service or any Content, or any systems or networks connected to the Service, or with any other person’s use of the Service conduct, engage in or otherwise process end user information or data to analyze individuals or groups of natural persons for unlawful or discriminatory purposes use the Service or any Content for any purpose that is unlawful or prohibited by the Terms of Service, or store or collect any personally identifiable information that is deemed sensitive or requires special protections under applicable laws. For example, Social Security numbers, passwords, and credit card information, Any unauthorized use of the Service or any Content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Use of software

Any software that is accessed via the Service shall be governed by the terms of the license agreement that accompanies the software or is posted with the software on the Sites where the software can be accessed; however, if no such license agreement is made available, we grant you a limited, revocable, worldwide, royalty-free, non-assignable, non-exclusive license to use the software for your personal, non-commercial use in accordance with the Terms of Service. In the event of any inconsistency between the Terms of Service and any license agreement, the license agreement shall govern in relation to the software.

You may not decompile, reverse engineer, or otherwise attempt to discover the source code of the software. You do not have the right to sublicense the Service, download or modify any portion of the Service, or resell the Service. If you violate the Terms of Service, we reserve the right to terminate your license to the Service without notice.

The software may automatically update from time to time. These updates are designed to improve, enhance, and further develop the software and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit us to deliver these to you with or without your knowledge) as part of your use of the software.

‍12. Third-party content

a. User Content

We are not responsible for and do not necessarily hold the opinions expressed by our users, content contributors, and third parties; such opinions and other statements are theirs alone, not opinions of Oyku. Content created by users or third parties is the sole responsibility of such users or third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and post content through our Service, Oyku is not undertaking any obligation or liability relating to the content. Oyku and its affiliates, successors, assigns, employees, agents, directors, officers, and stockholders (i) do not undertake or assume any duty to monitor our site for inappropriate or unlawful content and (ii) assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Oyku reserves the right to block or remove communications, postings, or materials at any time in our sole discretion. Oyku takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Oyku assumes no liability for your interactions with other users, or for any user’s action or inaction. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Oyku shall not be liable for any damages you allege to incur as a result of User Content. Oyku reserves the right, but has no obligation, to monitor disputes between you and other users.

13. Copy Rights

Oyku respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Service infringe upon your copyright or other intellectual property right, please send the following information to Oyku's Copyright Agent at: copyrights@oykuapp.com (subject line: "DMCA Takedown Request"): A description of the copyrighted work or other intellectual property that you claim has been infringed, including the app store URL(s) (internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow Oyku to locate the material, and explain why you think an infringement has taken place.

A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (internet address) where it is posted or the name of the book in which it has been published Your address, telephone number, and email address
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf, and
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest

Counter-notice

If you believe that the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a written counter-notice containing the following

information to the Copyright Agent:

Your physical or electronic signature Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled ‍ A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content, and Your name, address, telephone number, and email address If a counter-notice is received by the Copyright Agent, Oyku will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat-infringer policy

In accordance with the DMCA and other applicable law, Oyku has adopted a policy of terminating, in appropriate circumstances and at Oyku’s sole discretion, the memberships of users who are deemed to be repeat infringers. Oyku may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Privacy

Our Global Privacy Policy applies to the use of the Service and its terms are made a part of the Terms of Service by this reference. You understand that by using the Service you consent to the collection, use, and disclosure of your Personal Information and aggregate data as set forth in our Global Privacy Policy, and to have your Personal Information collected, used, transferred to, and processed. We make reasonable efforts, but we cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

Changes to the Service, termination, and indemnity

Oyku is constantly innovating and finding ways to provide our users with new features and services. Therefore, we may, without prior notice, change the Service, add features, stop providing the Service or features of the Service to you or to users generally, or create usage limits for the Service. We may permanently or temporarily terminate, downgrade, suspend, or prohibit your access to the Service without prior notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. Upon termination of your use of the Service, you continue to be bound by this Agreement.

‍ You agree to defend, indemnify, and hold us and our Affiliates harmless from and against any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against us by any third party due to or arising out of your User Content, use of the Service, violation of these Terms of Service, or violation of any rights of another.