Terms & Conditions
1. Usage - All access to, browsing, and/or other use of Utter website / App is subject to the terms and conditions set forth in these Terms of Use (“these Terms”). The Website/App is owned and operated by EdMobile Labs Pvt. Ltd., a Pune based company (referred to herein as “EdMobile Labs Pvt. Ltd.,” “we,” and “our”).
2. Legal Agreement - By accessing, browsing, or using our Website/App, you, on behalf of yourself and any entity you represent, if applicable, acknowledge that these Terms are a legal agreement between you (and any entity you represent, if applicable) and EdMobile Labs Pvt. Ltd. You, on behalf of yourself and any entity you represent, if applicable, further acknowledge that you have read, understood, and agree to be bound by these Terms. If acting on behalf of an entity, you must have, and you represent and warrant that you have, full authority to bind your entity to these Terms. You acknowledge and agree that these Terms are supported by reasonable and valuable consideration (which consideration includes your use of the Website/App), and you acknowledge your receipt of and the sufficiency of the consideration. These Terms affect your legal rights and obligations. If you do not agree to these Terms, please do not use the Website/App.
3. Modification of Terms - The Terms may, at any time, be updated in our discretion. If we change these Terms, we will post that fact on the Website/App and post the revised Terms here. Unless a later date is indicated, any changes will be effective when we post the changes on our Website/App. You can determine if these Terms have been revised since your last visit to the Website/App by referring to the effective date or last updated date at the top of these Terms. You agree to be bound by the Terms currently in effect each time you access theWebsite/App.
4. Jurisdiction - The Website/App is controlled and operated from the Pune , India and are not intended to (and shall not be deemed to) subject us to non-India. jurisdiction or laws. Use of the Website/App is unauthorised in any jurisdiction that does not give effect to all of these Terms. If you access the Website/App, you do so at your own risk, and you agree to comply with all applicable local, state, and federal laws, rules, and regulations in connection with your use of the Website/App. We may limit the Website/Apps availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
5. Modification of Website/App and MLC Content - Unless otherwise expressly agreed by EdMobileLabs Pvt. Ltd., we reserve the right, without notice and for any reason, to remove any MLC Content (“MLC Content” is defined as all text, publications, graphics, logos, images, audio clips, videos, mobile and web applications, digital downloads, and any other material and information on, comprising, or used in connection with the Website/App) from or services offered through the Website/App; to modify, suspend, or discontinue the Website/ App (or any part thereof); and/or to deny access of any user to all or any part of the Website/App.
6. Accuracy of MLC Content - We attempt to provide MLC Content on the Website/App that is complete, accurate, and current. Despite our efforts, MLC Content may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or timeliness of any MLC Content.
7. Usage License - Subject to these Terms, EdMobile Labs Pvt. Ltd. grants you a nonexclusive, nontransferable, nonassignable, non-sublicensable, revocable, and limited license to access and use the Website/App and the MLC Content made available on the Website/App solely for personal or internal business purposes and to download and print limited copies of the MLC Content solely for personal or internal business purposes and/or to educate users or potential users about EdMobile Labs Pvt. Ltd’s products or services. If a specific portion of the Website/App allows you to download and print a specific number of copies of the MLC Content, you must download and print only the specified number of copies. MLC publications made available on the Website/App for download may contain additional usage rights and restrictions. Any other copying, reproduction, use, distribution, republication, display, rental, sale, other transfer, modification, or translation of the Website/App and/or MLC Content (or creation of derivative works based on or derived from the Website/App and/or MLC Content) is strictly prohibited without the express written permission of EdMobile Labs Pvt. Ltd. EdMobile Labs Pvt. Ltd. reserves the right to terminate this license for any reason. Your failure to abide by these Terms will result in automatic termination of this license, with or without prior notice. Except for the limited license set forth in these Terms, EdMobile Labs Pvt Ltd does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. By accessing, browsing, or using the Website/App and/or MLC Content, you agree to the following restrictions:
(a) you will not use the Website/App or any of the MLC Content or services made available on the Website/App in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, or regulation, or in any manner contrary to or in violation of these Terms;
(b) you will not use the Website/App or any of the MLC Content in a manner that exceeds your limited license as defined above;
(c) you will not delete, modify, adapt, translate, mirror, create works and/or derivative works based upon, reverse engineer, decompile, disassemble, or otherwise tamper with the MLC Content and/or the Website/App;
(d) you will not create or compile a database of the Website/App or MLC Content without Edmobile Labs Pvt Ltd’s prior written consent, and you will not otherwise access, use, download, or copy the Website/App or MLC Content in order to compete with Edmobile Labs Pvt Ltd in any way;
(e) you will not use the Website/App or MLC Content to design, develop, operate, support, market, distribute, or otherwise make available any program, application, or service (including without limitation any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with the Website/App or MLC Content;
(f) you will not use any manual or automatic website search/retrieval computer hardware or application to retrieve or in any way gather MLC Content or other material on or comprising the Website/App, or reproduce or circumvent the structure or presentation of the Website/App without our prior written consent. General purpose Internet search engines can access the Website/App and use limited content from the Website/App if, in all cases: (i) They provide a direct hyperlink to the relevant web page from the applicable Website; (ii) they link to and use the MLC Content solely in connection with their activities as an Internet search engine; and (iii) they access the Website/App from a stable IP address using an easily identifiable agent. We reserve the right to revoke this permission;
(g) you will not upload, post, or otherwise transmit any software viruses or any other computer code intended to interrupt, destroy, or limit the functionality of the Website/App;
(h) you will not attempt to gain unauthorized access to the Website/App;
(i) you will not impersonate any person or entity, create a false identity, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make or have made;
(j) you will not remove, obscure, or modify any copyright, trademark, or other proprietary rights’ notice from the Website/App or MLC Content;
(k) you will not collect any email addresses made available on the Website/App for purposes of promotions or marketing campaigns, and you will not otherwise transmit, disclose, collect, or store personal information about others;
(l) you will not solicit others through the Website/App to become members of any enterprise or organization without Edmobile Labs Pvt Ltd’s prior written permission;
(m) you will not use the Website/App or MLC Content in any manner that may adversely affects our resources or the availability of the Website/App to others, or in any way that disrupts the operation of the Website/App or the MLC Content or servers or networks that make the Website/App available; and
(n) you will not use the Website/App to submit any material or information that is obscene, threatening, harassing, slanderous, defamatory, abusive, invasive of privacy; or that infringes, misappropriates, or otherwise violates the proprietary or legal rights of any person or entity.
8. Disclaimer of warranties and limitation of liability - You use the Website/App at your own risk. EdMobile Labs Pvt Ltd provides the Website/App and mlc content “as is” and “as available,” without any representation or warranty of any kind, express or implied. We disclaim, to the maximum extent permitted by applicable law, all express, implied, and statutory representations and warranties with respect to the Website/App and mlc content, including, but not limited to: (a) Warranties of performance, merchantability, fitness for a particular purpose, security, non-infringement, title, satisfactory quality, suitability, reliability, accuracy, omissions, completeness, correctness, and lack of delays; (b) Warranties that access to or use of the Website/App and/or any mlc content will be continued, uninterrupted, secure, complete, error free, or free of viruses or other harmful components, or that communications made through the Website/App will be secure and not intercepted by a third party; (c) Warranties as to the life of the Website/App, any url or third-party web service; (d) Warranties that any particular software or hardware will be compatible with the Website/App and/or mlc content; and (e) Warranties with regard to any mlc content or software that has been modified in any way by anyone other than, and without the express approval of, EdMobile Labs Pvt Ltd. By accessing, browsing, or using the Website/App, you acknowledge that the provision of content and software entails the likelihood of some human and machine errors, delays, interruptions, and losses, including the inadvertent loss of data or damage to media. Without limiting the generality of the foregoing paragraphs or any other disclaimers or limitation of liability contained herein, to the maximum extent permitted by applicable law, in no event will EdMobile Labs Pvt Ltd be liable, in contract, tort (including without limitation negligence), strict liability, or otherwise, for: (a) direct, indirect, incidental, special, punitive, exemplary, multiplied, or consequential damages of any kind (including without limitation damages for loss of profits, loss of use, loss of data, loss of security of your information, or unauthorised interception of such information by third parties) arising out of, or in connection with use of or inability to use the Website/App and/or any mlc content, whether or not EdMobile Labs Pvt Ltd has been advised of the possibility of such damages or losses in advance; (b) any claim(s) relating in any way to customer’s inability or failure to perform research or other work or to perform such research or work properly or completely, even if assisted by EdMobile Labs Pvt Ltd or by the use of the mlc content; and/or (c) any decision made or action taken by customer in reliance upon the availability of the Website/App or mlc content made available through the Website/App. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE/APP AND MLC CONTENT IS TO STOP USING THE SAME. The disclaimers and limitations of liability contained in these terms are a material part of our agreement. It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain types of damages. Solely to the extent that such law applies to you, some of the disclaimers, exclusions, or limitations in these terms may not apply to you, and you may have additional rights. However, in all circumstances, our maximum aggregate liability for all damages, losses, and claims, whether in contract, tort (including without limitation negligence), strict liability, or otherwise shall be INR 100.00. No statements, whether oral or written, made by any director, officer, member, employee, shareholder, or agent of EdMobile Labs Pvt Ltd or made on the Website/App may be deemed as a representation or warranty on behalf of EdMobile Labs Pvt Ltd in contradiction to this section 9 or any other provisions of these terms. In agreeing to the limitations of liability contained in these terms, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of the limitations of liability to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to the limitations of liability. Without limiting the generality of the foregoing, you expressly waive California Civil Code § 1542 (and any similar laws in other jurisdictions), which says: “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.”
9. Security - While we try to maintain the security of the Website/App, we do not guarantee that the Website/App will be secure. Additionally, third parties may make unauthorised alterations to or breaches of the Website/App. If you become aware of any unauthorised third-party alterations to or use of the Website/App or any other breach of security, please contact us immediately. Additional information regarding the security of your information is included in our Privacy Statement.
10. Audit Rights and Enforcement - We have the right, but not the obligation, at any time and with any frequency in our discretion, to audit your use of the Website/App to determine your compliance with these Terms. We have the right to enforce these Terms, for any reason and in any manner or by any means that we, in our discretion, deem necessary or appropriate. We may cooperate with any legal process relating to your use of the Website/App and/or any third-party claim that your use of the Website/App is unlawful or infringes, misappropriates, or otherwise violates any third party’s rights.
11. Termination - Unless prohibited by law, you acknowledge and agree that EdMobile Labs Pvt Ltd, in its sole discretion, may terminate your Website/ App access for any reason, in addition to all other rights and remedies EdMobile Labs Pvt Ltd may have at law and in equity. Regardless of the cause or basis for the termination, you agree that EdMobile Labs Pvt Ltd shall not be liable to you or any third party for termination of Website/App access, and, unless required by law, we will not be required to make information you have provided us through your use of the Website (if any) available to you upon such termination. You are not entitled to compensation or damages of any kind as a result of the termination. Accessing the Website/App after such termination will constitute an act of trespass, among other potential claims.
16. Indemnification by you . unless and only to the extent prohibited by applicable law, You agree to indemnify, defend, and hold EdMobile Labs Pvt Ltd and its successors and assigns and each of their officers, directors, shareholders, employees, agents, licensors, suppliers, and members harmless for, from, and against all claims, losses, liabilities, damages, judgments, settlements, awards, sanctions, fines, demands, and costs and expenses, including reasonable attorneys’ fees, costs, and other expenses, resulting from or arising out of (i) your violation of these Terms or of any law, rule, or regulation; and/or YOUR breach of or default under any provision of these terms; and/or the falsity of your representations and warranties made in these terms (ii) your misuse of the Website/App and/or MLC content, or use of the Website/App and/or MLC content otherwise than in accordance with the rights granted under these terms; and/or (iii) your violation of any third-party rights.
12. Severability - If any provision of these Terms is determined by a competent authority to be unenforceable or invalid under applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and all other provisions of these Terms shall continue in full force and effect.
13. Feedback - By submitting ideas, suggestions, enhancement requests, and/or proposals (“Contributions”) to us through the Website/App or otherwise, you acknowledge and agree that: (i) Your Contributions do not contain the confidential or proprietary information of you or any third party; (ii) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) we are entitled, but not obligated, to use or disclose (without notice or credit given to you) such Contributions for any purpose, in any manner, and in any media, now known or hereafter developed; (iv) we may have something similar to the Contributions already under consideration or development, and we will own all right, title, and interest in and to what we create or develop without use of your Contributions; (v) you hereby assign to EdMobile Labs Pvt Ltd all rights, titles, and interests in and to your Contributions (and all copyright, trademark, trade secret, and other intellectual property rights therein); and (vi) you are not entitled to compensation of any kind for your Contributions.
14. General - These Terms do not create any partnership, joint venture, employer-employee, broker-dealer, agency, or franchise relationship between you and us. No waiver or failure to assert any provision of the Terms will be valid unless in writing and signed by waiving party. No waiver of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign our rights and duties under these Terms to any party, at any time, and without notice to you, unless otherwise expressly stated in these Terms or required by law. These Terms (and the Privacy Statement incorporated into these Terms) constitute the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. We will not be responsible for failure to fulfil any obligation due to causes beyond our control. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website/App or information provided to or gathered by us with respect to such use. We reserve all rights not expressly granted in these Terms.
15. Refund & Cancellation - We do not offer any refund and cancellation policies on purchase of any online product from our app. Incase you face any issues during purchase of any product, please write to us at support@utter.in
16. Contact Information - If you have any questions about these Terms or about the MLC Content or services on the Website/App, please write to us at support@utter.in