The following conceded definitions and introductory statements serve as an adjunct to elucidate the intent, purpose and legal scope encompassed within this binding legal agreement document hereinafter referred to as the "Terms and Conditions," "Terms," "Agreement" or "TOC" governing the end user license and privacy policy associated with this mobile application software product, hereinafter referred to as the "Software," "App," "Application" or "Product."
This software application, including its constituent code, visual interfaces, integrated media assets, distributed binary executable files, electronic documentation, programming framework, associated data files and aforementioned terms of usage is a proprietary product designed, created, programmed, developed, tested, deployed, published, owned and copyrighted by ABC Company, hereinafter referred to as the "Company," "App Publisher," "Licensor," "We," or "Us."
This binding legal Agreement governs the usage, distribution, marketing and sale of digital copies or installations of the Software Product, available in machine-readable, compiled binary executable forms for various mobile, cellular and hand-held device operating system platforms.
1.1 - The Licensor hereby grants the User a non-exclusive, non-transferable, non-sub-licensable, revocable personal license to install and use the Software on mobile devices owned or rightfully accessed by the User strictly under the terms enumerated herein.
1.2 - The Software Product may not be distributed, resold, lent, leased, or otherwise circulated by the User without explicit written authorization from the Licensor.
1.3 - The Software Product remains the intellectual property and copyrighted asset of the Licensor and no ownership rights are transferred to the User under any circumstances.
1.4 - The Licensor reserves the right to terminate or revoke the license granted herein for any violation of these Terms.
2.1 - The Software Product may only be installed and utilized by the User for the following permitted usages:
2.1.1 - Personal non-commercial purposes of creating, managing and reviewing travel itineraries for vacations and trips
2.1.2 - Commercial purposes of creating travel itineraries specifically intended to be published or shared publicly, provided the itineraries are authored entirely by the User and do not infringe upon any third-party intellectual property rights. Commercial use excludes mass-distribution "spamming" of itineraries or utilizing the Software mainly as a template generator.
2.2 - The Software Product may not be used for any prohibited usages including but not limited to:
2.2.1 - Redistribution, resale or relicensing of the Software Product
2.2.2 - Posting or transmitting itineraries or content that are illegal, infringing, harmful, hateful, discriminatory or offensive
2.2.3 - Any usage that violates export controls, laws or regulations
2.2.4 - Utilizing the Software Products for purposes deemed competitive to the Licensor
3.1 - The User retains complete ownership rights to any original travel itineraries, descriptions, comments, reviews, images or other content authored by the User when utilizing the Software.
3.2 - By publishing or transmitting any User content created with the Software, the User grants the Licensor a perpetual, worldwide, non-exclusive license to reproduce, distribute, display, modify and utilize said content for the purposes of operating and improving the Software and services. This licensed use of User content by the Licensor does not bestow any ownership rights or imply endorsement of the content.
3.3 - The User agrees to only publish or share content that they have authored themselves and have the rights to distribute publicly. User represents that their content does not infringe upon any third-party rights. Licensor is not liable for any infringement arising from User content.
3.4 - Licensor reserves the right to remove any User content deemed illegal, offensive or otherwise violating the usage terms herein. User may request removal of their authored content by contacting Licensor. Removal may not be possible in cases where content was previously published or shared externally.
4.1 - The Software Product may enable or provide access to third-party services for additional travel booking, sharing, publishing or distribution functionality.
4.2 - The User acknowledges that external services accessed through the Software carry separate terms, conditions and policies governing their usage. The User is responsible for reviewing and complying with any such external terms.
4.3 - The Licensor does not endorse, verify or support any specific external services accessed via the Software. Interactions with third-party services are solely between the User and service provider. The Licensor is not liable for availability, accuracy, loss or compromise of data, or any reliance upon external services accessed through the Software.
5.1 - When enabled, the Software may collect and transmit data regarding the User's usage of the App to the Licensor. This analytics information helps understand and improve the Software usage experience.
5.2 - The Licensor shall own usage analytics data collected from the Software Product. This analytics data collection is deemed an essential function of the App to ensure proper working of services and may not be disabled without terminating the license.
6.1 - The Licensor provides this Software Product strictly on an "as is" basis without warranties of any kind. The entire risk arising from usage remains with the User.
6.2 - Under no circumstances shall the Licensor be held liable for direct, indirect, incidental, consequential or special loss or damages, including loss of profit, arising from usage of this Software or inability to access services.
6.3 - Licensor's liability arising from any cause shall not exceed the total amount paid by User for this license. User waives any right to claim greater damages.
6.4 - User agrees to hold Licensor harmless from any legal claims or damages arising from their usage of the Software Product and agrees to defend and indemnify Licensor for any liability arising therefrom.
7.1 - The Licensor will not intentionally or knowingly collect any personal user data including personally identifiable information (PII), excepting the User's email address which may be collected and utilized solely for account management purposes like restoration of data.
7.2 - Usage analytics and metrics collected from the Software Product, as detailed in Article 5 of the Terms, shall not include any personally identifiable user data. Licensor takes reasonable technical measures to avoid collecting PII.
7.3 - In the unlikely event of accidental collection of any personal user data, Licensor shall not utilize the information for any purpose and delete it promptly. In case of any suspected personal data leak, Licensor shall notify impacted users within 120 hours.
8.1 - Licensor reserves the absolute right to modify any part of this Agreement without requirement of notifying User. The latest version of the Terms shall supersede any prior versions. Continued usage of the Product following updates constitutes acceptance of the latest Terms.
8.2 - Licensor reserves the right to, at its sole discretion, modify, update, enhance or discontinue features of the Software Product at any time without notice, for any reason, and without liability to User.
9.1 - These Terms represent the complete agreement governing usage of this Software Product, replacing any prior agreements or communications.
9.2 - The laws of the Republic of India shall govern the interpretation of these Terms and any disputes arising from usage of this Software Product or breach thereof.
9.3 - Any disagreement or dispute must first be attempted to be resolved by good faith negotiations between the parties. If unresolved through dialogue, any disputes shall be referred to binding arbitration by a panel of 3 arbitrators appointed in accordance with procedures laid down under the Arbitration and Conciliation Act of India. Arbitration shall take place in Bangalore, India with proceedings conducted in the English language. Award passed by the arbitrators shall be final and binding on the parties.
9.4 - Jurisdiction for any issues or disputes that cannot be resolved through arbitration shall reside exclusively with courts located in Bangalore, India to the exclusion of all other national or international venues.
This section defines key terms utilized in the Terms and Conditions:
Software Product: The mobile software application known as GoTrip
10.1 - Section headings are for convenience only and shall not be used to interpret the articles herein.
10.2 - In case any provision of these Terms is rendered invalid, remaining provisions shall still be deemed active and binding upon User. An invalid term shall be re-interpreted to fulfill original intent as closely as possible.
10.3 - Failure to enforce any right shall not constitute waiver of that right for Licensor. Waiver by Licensor must be in writing to be deemed effective.
10.4 - User shall not assign or transfer this Agreement or any rights/obligations arising therefrom without explicit consent of Licensor.
10.5 - The Licensor may assign its rights and obligations under these Terms without requirement of notification or consent from the User.
Conclusion - User acknowledges reading and agreeing unconditionally to all sections enumerated in the above Terms and Conditions governing usage of this Software Product. Please contact the App publisher using the in-app contact form for any questions arising from these Terms and Conditions.