TERMS OF USE – INDUS APPSTORE

LAST UPDATED: 14-Feb-24

This document is an electronic record in terms of Information Technology Act, 2000 and the rules thereunder, as may be amended from time to time and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2023. This electronic record is generated by a computer system and does not require any physical or digital signatures.

A. ACCEPTANCE:
Please read the Terms (defined below) carefully before registering, accessing or using Indus Appstore. The Terms constitute a legally binding agreement between You (defined below) and Indus Appstore Private Limited, incorporated under Companies Act, 2013, having its registered office at Office-2, Floor 4, Wing B, Block A, Salarpuria Softzone, Bellandur Village, Varthur Hobli, Outer Ring Road, Bangalore South, Bangalore, Karnataka, India, 560103(hereinafter referred to as “Indus”), that governs Your use of Indus Appstore Services (defined below).
By continuing Your use of the Indus Appstore, You agree and acknowledge that You have read the Terms and agree to abide by and adhere to the Terms, with respect to availing of the Indus Appstore Services by You and/or any other person using Your account on the Indus Appstore. If You do not agree to the Terms or do not wish to be bound by the Terms, You shall cease to use Indus Appstore Services immediately. Subject to Your compliance with these Terms, Indus grants You a personal, non-exclusive, non-transferable, limited license to avail the Indus Appstore Services.

B. DEFINITIONS & INTERPRETATION:
a. “Terms” mean and include these ‘Terms of Use – Indus Appstore’ and any hyperlinks, schedules, annexures, exhibits, amendments and/or revisions thereto which are hereby incorporated by reference.
b. “Indus Appstore” means an android based mobile application developed, owned, operated, managed, and/or provided by Indus under the brand name ‘Indus Appstore’, which enables its users to avail Indus Appstore Services.
c. “Indus Appstore Services” or “Services” means services provided by the Indus Appstore to the user(s) of the Indus Appstore which include, but are not limited to, browse, search, view and download of Mobile Apps (including updates); and display of certain Content.
d. “Applicable Law” means any law, statute, rule, regulation, order, circular, decree, directive, judgment, decision or other similar mandate of any applicable central, national, state or local governmental authority in India.
e. “Content” means any content including, but not limited to, audio, audio-visual/video, sounds, graphics, images, text, web links/hyperlinks, marketing material/third party advertisements.
f. “Developer” means a person (whether an individual or an entity) that develops, owns and/or operates a Mobile App.
g. “Device(s)” means any android-based device that is compatible with the Indus Appstore including, but not limited to, a mobile phone, tablet.
h. “Force Majeure Event” means an event outside the reasonable control of a party which includes, but is not limited to, earthquake, epidemic, explosion, accident, act of God, war, other violence, change in Applicable Law, demand or requirement of any governmental or regulatory authority.
i. “Intellectual Property Right” means all intellectual property rights throughout the world, including, but not limited to, any patent, design, copyright, database, publicity rights, trademark, trade secrets, or trade name (whether registered or not).
j. “Mobile App(s)” means an android based mobile application (including, but not limited to, .apk/.aab /.obb file) owned, developed, managed, operated, published, and/or distributed by the Publisher for the purpose of providing Products to its end-user using a Device(s).
k. “Products” means any products or services (as the case may be) that a Developer provides via Mobile App(s) made available via the Indus Appstore.
l. “Publisher” shall mean Developers, advertisers and/or third parties whose Mobile App(s) and/or Content, as the case maybe, are made available via/on the Indus Appstore;
m. “You”, “Yours”, “Yourself” shall mean any person who accesses or uses the Indus Appstore or the Indus Appstore Services.

C. ELIGIBILITY:
By accessing and/or using Indus Appstore, You represent and warrant that:
a. You are capable of entering into a contract /legally binding agreement. Further, You are eighteen (18) years of age or older or if You are a minor then please ensure that Your parent or legal guardian reads and accepts the Terms and Privacy Policy;
b. You confirm and warrant that all data and information including, but not limited to, the mobile number You provide to Indus are accurate in all respects;
c. You are not barred or otherwise legally prohibited from accessing or using services of Indus Appstore under the laws of India or the specific jurisdiction wherein You are currently present; and
d. You are not impersonating any person or entity, or falsely stating Your age or affiliation with any person or entity.

D. ACCESS TO INDUS APPSTORE:
Before availing Indus Appstore Services, You shall be required to create a user account using Your mobile number and/or any other credentials/verifications as may be required by Indus, from time to time. The Indus Appstore enables You, inter alia, to search for and download Mobile Apps and view/consume Content via Device(s). For the Indus Appstore to function and provide Indus Appstore Services, You may be required to provide certain permissions and for the same, You shall receive prompts/notifications.

a. With respect to Your use of the Indus Appstore Services, You agree that:
You shall use Indus Appstore Services only for purposes that (i) are permitted by Applicable Law, (ii) only for personal and non-commercial use and; (iii) will not engage in any activity that interferes with or disrupts Indus’s services.
b. You are solely responsible for maintaining the confidentiality and security of Your user login. You shall not, reveal Your user login information to anyone else, allow anyone else to use Your user login, or use anyone else’s user login.
c. You shall not use the Indus Appstore Services:
(i) in any manner that may lead to infringement of Intellectual Property Rights or personality rights of any person or spread any misinformation;
(ii) to exploit or endanger a minor;
(iii) to sell, transmit, communicate, modify, sublicense, transfer, assign, rent, lease, redistribute, broadcast, any Mobile Apps or Content to any third party;
(iv) to commit, attempt to commit, or assist, authorize or encourage others to do such actions that may circumvent, disable or defeat any of the features, services or security features of or provided by the Indus Appstore;
(v) for any purpose that, is illegal, immoral, unethical;
(vi) to perpetrate terrorism, threaten the national security and sovereignty of India;
(vii) to violate human rights or to cause any direct or indirect personal injury or death; and
(viii) for any activity that is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence.
d. You agree that Indus shall be under no liability whatsoever to You in the event of non-availability of the Indus Appstore or any portion thereof occasioned by any Force Majeure Event.
e. You shall not modify, reverse engineer, decompile or disassemble the Indus Appstore in whole or in part, or create any derivative works from or sublicense any rights in the Indus Appstore.
f. You agree that Indus has no responsibility or liability with respect to Your use of the Mobile App or any content or functionality in the Mobile App or Your Devices. You understand that Indus is not a party to the contract between You and the Publisher and the Publisher alone will be responsible for all obligations under the contract including, but not limited to, warranties and/or guarantees.
g. You further agree to be bound by Indus’s Privacy Policy which explains how Indus handles Your personal data.

E. INDUS APPSTORE USAGE CONDITIONS AND RESTRICTIONS:
a. Pursuant to the Indus Appstore Services, Indus shall enable You to search for and access Mobile Apps and/or Content on the Indus Appstore.
b. You hereby agree and acknowledge that Indus does not have actual or specific knowledge of the contents of the Mobile Apps. However, Indus at its discretion and in accordance with Applicable Law may monitor any Mobile Apps and may remove any Mobile Apps from Indus Appstore if Indus determines in its sole discretion that such Mobile Apps or the content contained therein is in violation of these Terms or any Applicable Law. Indus may also remove any Mobile Apps from Indus Appstore upon receipt of any removal requests by any law enforcement or other government agencies.
c. You are entirely responsible for all activities that occur on or through Your user login, and You agree to immediately notify Indus of any unauthorized use of Your user login or any other breach of security.
d. Indus may cease providing You with access to any Content and/or Mobile App in certain scenarios which shall include, but not be limited to, the Publisher’s violation of Indus’s policies, Publisher discontinues the Content/Mobile App on Indus Appstore, or breach of Applicable Law by You/Publisher. If a Mobile App is removed from the Indus Appstore, You will stop receiving any updates or upgrades through the Indus Appstore post the removal of the Mobile App.
e. Indus Appstore hosts Mobile Apps which may have content which shall include content free of charge and content subject to subscription or in app purchase at a cost payable by You to the Publisher. Pricing of the content is at the discretion and on the terms decided by the Publishers and Indus Appstore/Indus has no control on the same. For the price changes, subscription terms, You shall contact the respective Publisher who is the provider of the content selected or purchased by You. When You purchase the content, You will enter into a separate agreement with the respective Publisher. In case of any payment related issue, You shall contact the respective Publisher, Your bank or payment service provider.
f. Indus reserves the right, at its sole discretion, to modify the Indus Appstore at any time, with or without notice to You. Indus Appstore may not be available at all times, such as during maintenance downtime (which may be planned or unplanned). Indus may decide, at its sole discretion, to suspend or terminate the Indus Appstore or services provided by it (or any part thereof) at any time without any notice whatsoever.
g. While Indus requires Publishers to provide accurate information regarding the description of their Mobile Apps, Indus does not warrant that the Mobile App(s) or other details/content/Product(s) provided by the Publisher is accurate, complete, reliable, current, or error-free.
h. You may be able to view a ‘verified’ badge and/or a ‘top rated’ badge against Mobile App(s) on the Indus Appstore. The verified badge is based on the Mobile App(s) performance against certain third-party scanning tools that are used by Indus. The top rate badge is based on the Mobile App(s) usage/performance via the Indus Appstore. The verified badge and the top rated badge, in no manner, signify the reliability/safety of the Mobile App(s) and neither should these badges be viewed as an endorsement of the Mobile App by Indus, in any manner whatsoever. Usage of such Mobile App(s) by You shall solely be at Your own risk and as per the terms and conditions agreed to between You and the Publisher.
i. Software Updates: The Publisher of a Mobile App may provide us with updates to that Mobile App from time to time. Subject to the requisite permissions being provided on the Device, You hereby authorize Indus to automatically install updates to Your Mobile Apps.

F. REVIEW AND RATINGS:
You may provide ratings and reviews on Indus Appstore with respect to the Mobile Apps that You access and use on Indus Appstore. You shall ensure that Your ratings and reviews (comments/ posts) shall be as per the Indus policy on ratings and reviews as may be made available by Indus, from time to time. If You want to report abuse or other content violations, please refer to the grievance policy which is separately made available by Indus.

You agree that Indus Appstore may by automated means or manually screen and moderate some or all reviews and ratings. Indus reserves the right to reject or take down any reviews and ratings which in Indus’s sole opinion are inappropriate or do not pertain to the Mobile App or topics associated to the Mobile App or is in contravention of Indus’s policies. Indus’s decision in this regard will be final and binding on all user(s) of the Indus Appstore.

You understand that the Mobile App ratings that are populated on the Indus Appstore are based on an aggregate of the ratings provided by Indus Appstore users and/or Indus’s market intelligence and hence, Indus Appstore cannot ensure that the same are accurate and/or indicative of performance/suitability of the Mobile App.

G. DISCLAIMERS
Indus Appstore Services are provided on an “as is”, “where is” and “as available” basis and without warranties of any kind. Indus makes no representations or warranties or guarantees of any kind or nature, whether express or implied, regarding Indus Appstore, Indus Appstore Services, Mobile Apps, Content or other services included or otherwise made available via Indus Appstore. Unless specified in writing You expressly agree that Your use of the Indus Appstore is at Your sole risk. No advice or information, whether oral or written, obtained by You from Indus or Indus’s affiliates shall be deemed to alter Indus’s disclaimer of warranty regarding the Indus Appstore, or to create any warranty of any sort from Indus.
To the extent permissible by law, Indus disclaims all warranties, including without limitation any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, reliability, availability and non-infringement. In addition, Indus does not represent, warrant or guarantee that the Indus Appstore Services, Mobile Apps and Content will (i) be compatible with Your hardware or software, (ii) operate in an uninterrupted, timely, secure or error-free manner, (iii) will always be available or free from all harmful components or errors, including but not limited to, viruses, interferences, corruption and/or other security instructions, and/or (iv) will be secure or immune from hacking and/or other unauthorized access.

Indus expressly disclaims any liability arising out of the usage or viewing of any Content. Indus takes no responsibility for the Content, or any third-party material posted on the Indus Appstore, nor does it take any responsibility for the products or services provided by any third-party advertisers. You assume total responsibility for Your use of the advertiser’s products or services. Any dealings You have with the advertisers while using the Indus Appstore Services are between You and the advertiser, and You agree that Indus is not liable for any loss or claim that You may have against an advertiser.
Indus Appstore is intended to promote Mobile App(s)/ Content that are allowed for use within India. We do not represent or warrant that Indus Appstore is appropriate/intended for use outside India.

H. LIMITATION OF LIABILITY
To the extent permissible by Applicable Law, in no event shall Indus or its licensors, affiliates be liable to You for any indirect, incidental, consequential, special, exemplary, punitive damages or lost profits, even if You have been advised of the possibility of such damages. This limitation will apply regardless of the theory of liability, whether fraud, misrepresentation, breach of contract, negligence, personal injury, product liability, infringement or any other theory, regardless of whether or not You have been advised of the possibility of such damages. This limitation and waiver also applies to any claim You may bring against any other party to the extent that Indus would be required to indemnify such party for any claim. In no event shall Indus’s aggregate liability to You under these Terms exceed One Hundred Rupees (INR 100). Indus has no liability for any of Your data that is lost or corrupted through use of the Services; You are responsible for maintaining backups of Your data.

I. INDEMNIFICATION
You agree to indemnify, release and hold harmless Indus, its officers, directors and agents and any party acting on Indus’s behalf, from and against any and all claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees arising out of (i) any use of Indus Appstore and Indus Appstore Services, (ii) breach of the Terms, or (iii) any violation of Applicable Law, or the rights of any third party.

J. Termination:
Indus reserves the right to terminate Your access to Indus Appstore in full or in part if Indus determines that You have violated the Terms or any other agreements or guidelines which may be associated with Your use of the Indus Appstore. Further, You agree that Indus may, in its sole discretion and without prior notice, terminate Your access to the Indus Appstore, for cause, which includes (but is not limited to) (i) requests by law enforcement or other government agencies, (ii) discontinuance or material modification of the Indus Appstore and/or Indus Appstore Services, or (iii) unexpected technical issues or problems. If You wish to terminate Your account, please notify Indus via an email to [email protected]. Indus will terminate Your Account, within a reasonable timeline, upon receipt of Your email. Upon termination of Your account, all data or other information associated with Your account may be deleted unless otherwise required under Applicable Law and/or internal archiving policies of Indus. Indus shall have no liability for such deletion resulting from Your account termination. In case of a termination by either party, You must cease all use of the Indus Appstore including any Content and Indus Appstore Services.

K. GENERAL LEGAL TERMS:
a. The Terms constitute the entire understanding of the parties hereto with respect to the subject matter hereof and supersede all prior understandings, negotiations, discussions, writings, and agreements between them.
b. Nothing contained in these Terms shall be deemed to constitute either party as partner, agent, employee, or legal representative of the other party, or to create any fiduciary relationship between them for any purpose whatsoever.
c. Any failure, delay, relaxation, or indulgence by a party in exercising any power, right, or remedy conferred on that party by these Terms does not operate as a waiver of that power, right, or remedy unless expressed in writing to be a waiver.
d. If any term of the Terms is declared by any court of law/tribunal/legislature to be illegal or unenforceable, it will not affect the validity or enforceability of the other terms or provisions, unless the term and provision declared illegal or unenforceable is in the nature of a condition precedent or affects the essence of the Terms or comprises an integral part of, and is inseparable from, the remainder of the Terms. In such an event, You agree to enter into any other documents as may be reasonably required by Indus to suitably revise the illegal/unenforceable provision and facilitate the attainment of objectives of the Terms.
e. Notices: Indus may send a notice with respect to Indus Appstore by (i) sending a message or notification to the phone number listed in Your user login account, or (ii) sending a push notification to Your Device on which You have downloaded the Indus Appstore, or (iii) in-app notification(s) on the Indus Appstore.
f. Indus shall have the right to assign (partly or fully) the Terms to any other party, without any notice to You in this regard.
g. Governing Law and Dispute Resolution: You expressly agree that the laws of India shall govern the Terms and Your use of Indus Appstore. You agree that the courts in Bengaluru, Karnataka shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with the Terms.
h. The rights, powers, and remedies of a party under the Terms are cumulative and are not exclusive of any other rights, powers, and remedies available to the party at law or in equity.
i. Amendments: These Terms are subject to modifications. We reserve the right to amend these Terms at any time by posting an updated version of the Terms on the Indus Appstore. It is Your responsibility to review the Terms periodically for updates/changes. Your continued use of Indus Appstore after any change is posted constitutes Your acceptance of the amended Terms.
j. Our failure to insist upon or enforce Your strict compliance with these Terms will not constitute a waiver of any of our rights.