Mint Keyboard Terms of Use
Last updated on 05 October, 2020
This document is framed in accordance with the Information Technology Act, 2000, the rules
framed thereunder and such other applicable and the amended provisions pertaining to electronic records
in various statutes as amended by the Information Technology Act, 2000. This is an electronic record
which is generated by a computer system and does not require any physical or digital signatures.
This User Agreement (the “Agreement”) is entered into between all individuals or entities
(hereinafter “you”, “your”, “User”) who register, log in, use mobile application "Mint Keyboard"
including and referring to Android package name “com.mint.keyboard” and
(hereinafter referred to as
“Platform” or “Mint Keyboard”) and any other products, programs and services (hereinafter collectively
referred to as “Services”) of Talent Unlimited Online Services Private Limited, its subsidiaries and
affiliates (hereinafter “Bobble”).
Please read this Agreement carefully and fully understand, including the terms of disclaimers of
warranty, limitation of liability, and our respective rights and limitations, and choose to accept or
not to accept this Agreement and the Privacy Policy (minors should read this Agreement accompanied by a
legal guardian) provided at https://mintkeyboard.com/privacy-policy. The
Company may suspend or stop
providing our Services to you or take other measures as specified here if you do not comply with the
terms of this Agreement. By your registration, login, usage of the Platform and any Services or other
actions, you acknowledge that you have read and understood, and agree to accept and be bound by the
terms and conditions of this Agreement.
By accepting this Agreement, you agree to accept all constraints, including accepting that the Company
reserves the right to modify the terms of this Agreement at any time. You can use our Platform at any
time to check the latest User Agreement. If you are not agreeable to, or cannot accept any content that
we change, you should stop using the Platform and Services. If we make material changes to this
Agreement, we will notify you by email (if you have provided your email address), post the changes on
our Platform. We will not reduce your rights under this Agreement without your explicit consent. We
encourage you to periodically review this page for any change. By your continued use of our Platform and
Services, you agree to accept and will be bound by the modified terms of this Agreement. IF YOU DO NOT
AGREE TO THESE TERMS OF USE AND THE PRIVACY POLICY OR ANY SUBSEQUENT MODIFICATIONS THERETO OR BECOME
DISSATISFIED WITH MINT KEYBOARD IN ANY WAY, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF MINT KEYBOARD AND
NOTIFY US BY SENDING AN EMAIL TO mintkeyboard.customer@gmail.com
A. GENERAL
- The Mint Keyboard is developed and operated by Bobble, a company incorporated under the laws of
India having its registered office at S/F 94, 202 Meghdoot, Nehru Place, New Delhi, India, Pin Code:
110019 (collectively, “Company”, “we”, “our” or “us”).
- Mint Keyboard is a virtual keyboard for your smartphone which offers many features such as typing in
multiple languages, glide typing, voice to text input, clipboard, sticker, graphics interchange
format (GIF), font, keyboard themes to you.
B. ELIGIBILITY
-
By your access and usage of the Platform and the Services, you represent and warrant that (i) you
are eligible to form legally binding contracts under the applicable laws, (ii) your access and usage
of the Platform and Services is not in violation of any applicable law, and (iii) you are not
subject to any contractual arrangement, judgment or order by a judicial or quasi-judicial authority
that is inconsistent with the terms and conditions of this User Agreement.
-
We reserve the right to revoke your access to the Platform and the Services, and refuse to provide
you with access to the same if any fact contrary to the above comes to our notice or is brought to
our attention.
-
By using the Platform or any Service, you warrant that you are above the age of eighteen (18). If
you are under the age of eighteen (18), and you wish to download, install, access or use the
Platform or any Service, we believe that you have received consent from your parent or guardian
before doing so or are doing so under their guidance and supervision.
-
User security is of prime importance to us - which is why we urge in addition, that parents or
guardians of any minors be aware that the Platform and the Services are designed to appeal to a
broader audience. If you are a parent of a User who is a minor, we urge you that it is your
responsibility to determine whether any portion of the Service is inappropriate for your child. If
the law in your country requires that you must be older or younger in order for the Company to
lawfully provide the Services to you without parental consent (including using your personal data)
then your minimum age is to be determined accordingly.
-
In addition to these general requirements, you may also have to fulfil additional criteria to be
able to use the services available on Mint Keyboard.
-
6. If you violate any of this Agreement, Company may terminate your membership, delete your account
on Mint Keyboard (“Account”) and any related information and/or prohibit you from using or accessing
Mint Keyboard at any time in its sole discretion.
C. MODIFICATIONS AND UPDATES TO MINT KEYBOARD
Company is committed to ensuring that Mint Keyboard is as useful and efficient as possible. For this
reason, Company reserves the right to make changes to, or update Mint Keyboard, or to charge for its
services, at any time and for any reason. You shall be required to download the updates if you want to
keep using Mint Keyboard. Company does not promise that it shall always update Mint Keyboard so that it
is relevant to you or that the updated versions of Mint Keyboard will always be compatible with your
mobile device (“Device”). We may also automatically check the version of the Platform installed on your
device from time to time and if applicable, provide updates, which may contain, without limitation, bug
fixes, patches, enhanced functionality, plug-ins and new versions of the Platform ("Updates").
By installing or using the Platform, you authorize the automatic download and installation of such
Updates and agree to download and install Updates manually if necessary. Your use of the Platform and
Updates will be governed by this Agreement (as amended from time to time). The Company is not obligated
to support, maintain, update or upgrade the Platform and may at any time and without notice suspend or
terminate your license and disable or discontinue the Platform installed on your device.
D. REGISTRATION AND USE
-
You may access Mint Keyboard with or without creating an Account. If you wish to create an Account,
you can do so by using your phone number and/or Mi/Google/Facebook account. You will be required to
use the credentials of your phone number and/or Mi/Google/Facebook account and furnish certain
information and details, including your name, email address, contact number and any other
information deemed necessary by Company for the purposes of providing the services on Mint Keyboard.
You must be the sole owner and user of your phone number and/or Mi/Google/Facebook account and the
Account.
-
You are solely responsible for maintaining the confidentiality and security of your Account,
password and activities that occur in or through your Account and for restricting access to your
Device to prevent unauthorized access to your Account. You agree to accept responsibility for all
activities that occur in or through your Account by you and anyone using your password and login
information (with or without your permission).
-
You unequivocally agree to provide true, correct, accurate, and complete information about yourself.
You can access and update your information by signing into your Account on the “Settings” page in
Mint Keyboard.
-
If you provide any information that is untrue, inaccurate, not updated or incomplete (or which
becomes untrue, inaccurate, not updated or incomplete), or Company has reasonable grounds to suspect
that the information provided by you is untrue, wrong, inaccurate or incorrect, we shall have the
right to immediately suspend or terminate your Account without any prior notice or liability in this
regard and refuse any and all current or future use of the Mint Keyboard (or any portion thereof) or
services in connection thereto.
-
For the sake of authenticity, you take full responsibility for the authenticity, legality, accuracy
and validity of the information you provide to use for and during registration. You will be
responsible for updating any changes in your registration information to keep it up to date. You
should not post any information in the name of others; you should not use a registered Account
maliciously; otherwise, we reserve the right to suspend the Services and you shall fully bear all
legal liability. We do not accept any responsibility or liability for any claims or loss arising
from your actions.
-
You shall use the Platform and our Services in accordance with all applicable laws and take all
responsibility for activities under your registered Account, including your statements and any loss
or damage that may directly or indirectly arise from your statements. You agree that any access of
the Platform, usage of the Services or any functionality associated with the Platform in addition to
any data shared on the Platform which is traceable and referable to your Account will be deemed to
have validly originated from you. You agree to be bound by any access of the Platform and
utilisation of the Services without limitation irrespective of whether such access or utilisation
was authorised or done with your knowledge. You should estimate the risks of the content on your own
and take all risks from it, including the risk that lies on the correctness, integrity or
practicability of the content. We will not take any responsibility for any loss or damage that is
resultant from such behaviour or activity.
-
You must immediately notify us if you find or happen to be aware of any illegal or unauthorized
activities in relation to your Account. We will not be liable for damages or losses arising from a
User’s non-compliance with any of the provision(s) above;
-
You also understand and hereby acknowledge the following:
-
The Company may change, suspend, restrict, terminate or revoke the rights to access our
Platform and Services at any time without notice or liability for damages, expenses, losses
or claims in such regard.
-
You consent to receive text messages, electronic mails, and calls from the Company or its
affiliates to the e-mail ID or phone number registered to your Account or any other number
that we may reasonably ascertain to be yours via skip trace, caller ID capture and other
such means. We may include advertisements and promotional activities etc. in our Services.
You agree to the display of advertisements and other events from us or our related parties
while enjoying our Services.
- You may request deletion of your Account by sending an email to us at
mintkeyboard.customer@gmail.com.
E. YOUR PRIVACY
-
“Personal Information” means information relating to a natural person that can be used to directly
or indirectly identify an individual, either from that information alone or from that information
combined with other information that Company has/may have access to about that individual. Such
Personal Information may include your name, address, account number, telephone number, email address
and other sensitive personal information or personally identifiable information.
-
Company collects, receives, possesses, stores, deals or handles your Personal Information only if it
is necessary to provide the services to you. By agreeing to use the Mint Keyboard and the services
available on the Mint Keyboard, you expressly consent to such use and disclosure of your Personal
Information in accordance with the Privacy Policy available at: https://mintkeyboard.com/privacy-policy.
-
You agree and acknowledge that all Personal Information provided by you shall be on an “as is” basis
and
Company shall not be responsible for the authenticity thereof.
-
You, at all times, have the option of not providing your Personal Information by choosing not to use
a particular service that Mint Keyboard offers. If you do not provide your Personal Information,
Company has the right not to provide you with the particular service that requires such information.
- Company may collect the following types of information (which may or may not be Personal
Information):
- Information you provide to us such as Mi/Google/Facebook account details and phone number;
- Information related to your application usage such as keyboard settings (e.g. region,
language);
- Log information (e.g. IP addresses, crash information, input history, registration time,
access
time);
- Information from third-party sources (when permitted by applicable laws) such as account IDs
and
nicknames from third-party social network services when signing up for Mint keyboard;
- Non-personally identifiable information such as statistical data generated when you use a
specific
service, anonymous ID, device type, system-related information, application version, network
environment information, click events, application crash events, keyboard settings.
-
We do not sell any Personal Information to third parties. Personal information is collected only for
providing services to you and legal compliance on Company’s part under applicable laws. You hereby
expressly consent that Company may process and disclose Personal Information to its third party
service providers and business partners (“Partners”) for the purposes and to the extent stated in
the Privacy Policy. Company shall only so use your Personal Information after it has obtained your
consent or indication of no objection in accordance with applicable laws.
-
You can be assured that Company shall only share your Personal Information in accordance with your
consent. You should know that when Company shares your Personal Information with a third party,
Company shall contractually specify that the third party is subject to practices and obligations to
comply with applicable data protection laws. However, Company is not responsible for any breach of
security, or for any other actions of any third parties that receive your Personal Information.
-
Company may disclose your Personal Information without further consent when required under
applicable laws.
-
To the extent that Company may need to transfer Personal Information outside of your jurisdiction,
Company shall do so in accordance with the applicable laws. No financial information shall be
transferred out of India.
-
For more information on how Company collects, receives, possesses, shares, stores, deals or handles
your Personal Information, please see the Privacy Policy at
https://mintkeyboard.com/privacy-policy.
F. USER CONTENT
- Some functions of the Mint Keyboard may allow a user to upload, provide, share, or post content such
as
images, GIFs, videos, music, audio-visual content, voice content, comments, questions, profile
information
and other content or information (“User Content”).
- You hereby acknowledge and agree that your User Content shall not consist of content that:
- violates any law in force in India or your region of jurisdiction;
- endangers national security, disclosure of national secrets, upheaval of national political
authority, destruction of national unity;
- damages national honor and interests;
- incites racial hatred, racial discrimination, or harms racial unity;
- damages national religious policy, advocates cults and superstitions;
- spreads rumors, disrupts social order, damages social stability;
- spreads obscenities, pornography, gambling, violence, murder, terrorism, or inciting the
commission
of crimes, or other illegal content;
- insults or defames others, infringes upon the lawful rights and interests of others, is
blasphemous,
obscene, pornographic, pedophilic, ethically objectionable, harasses, is libelous, deceives
or
misleads the addressee about the origin of such messages or communicates any information
which
is
grossly offensive or menacing in nature, harms the right of any third party to his/her
reputation,
privacy or image, disparages or threatens, harms or likely to harm another user or any other
third
party or a minor in any way, or impersonates another person;
- infringes intellectual property rights including copyright, patents, trademark rights,
commercial
secrets, image rights, reputation rights, fame rights, title rights, name rights, privacy
rights
and
other proprietary rights or lawful rights of third parties or properties;
- belongs to another person and to which the user does not have a right.
-
Company takes no responsibility and assumes no liability for any User Content that you or any other
user or third party posts, sends, or otherwise makes available over the Mint Keyboard. You shall be
solely responsible for your User Content and the consequences of posting, publishing it, sharing it,
or otherwise making it available on the Mint Keyboard, and you agree that Company is merely acting
as an intermediary for the online distribution and publication of your User Content.
-
You acknowledge and agree that you have all the rights, licenses, and permissions required under
applicable laws to upload, distribute, transmit your User Content in accordance with this Agreement.
You also represent that your User Content does not infringe the rights of any third party, and that
Company shall not be in violation of any applicable laws in using your User Content in accordance
with this Agreement.
-
By posting or otherwise making available any User Content on or through the Mint Keyboard, you
expressly grant, and you represent and warrant that you have all rights necessary to grant, to
Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive,
worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate,
distribute, syndicate, publicly perform, publicly display, and make derivative works of all such
User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in
part, and in any form, media or technology, whether now known or hereafter developed, for use in
connection with Mint Keyboard and the related services, including without limitation for promoting
and redistributing part or all of the Mint Keyboard (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant each user of the Mint Keyboard a
non-exclusive license to access your User Content through the Mint Keyboard, and to use, reproduce,
distribute, display and perform such User Content as permitted through the functionality of the Mint
Keyboard and under this Agreement.
-
Company has the right, in its sole discretion, to remove any User Content that is shared via the
Mint Keyboard.
G. YOUR OBLIGATIONS WHEN USING MINT KEYBOARD
-
You shall not use the Mint Keyboard for any purpose that is unlawful, illegal or forbidden by this
Agreement, any violation of any local, state, national, or international law, including, without
limitation, laws governing intellectual property and other proprietary rights, and data protection
and privacy. Company may, at its sole discretion, at any time and without prior notice or liability,
impose additional requirements and restrictions or suspend, terminate or restrict your access to
Mint Keyboard (or any portions thereof) if it is discovered or it comes to Company’s notice that you
have breached this Agreement, Privacy Policy and/or any applicable laws.
-
You must be the sole owner and user of your Account. You are responsible for maintaining the
confidentiality and security of your Account, password and activities that occur in or through your
Account and for restricting access to your device so as to prevent unauthorized access to your
Account.
-
If you are a business entity, you agree that all officers, employees, agents, representatives and
others having access to the credentials of your Account have been duly authorized by you to use the
services on your behalf and to legally bind you. You shall be responsible for all actions by current
and former officers, employees, agents, representatives and others, regardless of whether authorized
by you, who access the services using the registered Account.
- You further agree that you shall not:
-
host, display, upload, modify, publish, transmit, update or share any material or
information that: (i) belongs to another person and to which the user does not have any
right to; (ii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic,
pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or gambling, or
otherwise unlawful in any manner whatsoever; (iii) harm minors in any way; (iv) deceives or
misleads the addressee about the origin of such messages or communicates any information
which is grossly offensive or menacing in nature; (v) impersonates another person; (vi)
contains software viruses, worms, spyware, adware, software disabling codes, other malicious
or intrusive software, or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource or any spyware; (vii) threatens
the unity, integrity, defense, security or sovereignty of India, friendly relations with
foreign states, or public order or causes incitement to the commission of any cognizable
offence or prevents investigation of any offence or is insulting any other nation; (ix)
infringes the intellectual property rights, legal rights, or interests of any third party;
(x) adversely interferes with the working of the Devices, or parts thereof, and or modifies
or disables any of the functionality and/or the settings of the devices/Mint Keyboard,
including without limitation any security measures deployed on the devices/Mint Keyboard.
-
Download any file posted by another user of Mint Keyboard that you know, or reasonably
should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained in a
file
that is uploaded;
-
Violate any code of conduct or other guidelines, which may be applicable for or to any
particular
portion of Mint Keyboard;
-
Violate any applicable laws for the time being in force in or outside India;
-
Violate, abuse, unethically manipulate or exploit this Agreement or any terms of the Privacy
Policy;
-
Attempt to gain unauthorized access to any portion or feature of Mint Keyboard, or any other
systems
or networks connected to Mint Keyboard or to any server, computer, network, or to any of the
services offered on or through Mint Keyboard by hacking, password “mining” or any other
illegitimate
means;
-
Reproduce, duplicate, copy, sell, resell or exploit any portion of Mint Keyboard;
-
Probe, scan or test the vulnerability of Mint Keyboard or any network connected to the Mint
Keyboard
or breach the security or authentication measures on Mint Keyboard or any network connected
to Mint
Keyboard;
-
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of
the
Platform or any part thereof;
-
Modify, adapt, translate or create derivative works based upon the Platform or any part
thereof,
except and only to the extent foregoing restriction is expressly prohibited by applicable
laws; or
-
Interfere with or damage operation of the Platform or any User's enjoyment of them, by any
means,
including uploading or otherwise disseminating viruses, adware, spyware, worms, or other
malicious
code.
-
Reverse look-up, trace or seek to trace any information of any other user of Mint Keyboard,
including any account on Mint Keyboard not owned by you, to its source, or exploit Mint
Keyboard or
any service or information made available or offered by or through Mint Keyboard, in any way
where
the purpose is to reveal any information, including but not limited to personal
identification or
information, other than your own information, as provided for by Mint Keyboard; or
-
Make any negative, denigrating or defamatory statement(s) or comment(s) about Company or its
Partners.
H. COMMUNICATION
By making use of the Mint Keyboard, and furnishing your personal/contact details, you hereby agree that
you are interested in availing of the services that you have selected. You hereby agree that Company may
contact you either electronically or through phone, to understand your interest in the selected services
and to assist you in completing your transactions. You specifically understand and agree that by using
the Mint Keyboard, you authorize Company and its Partners to contact you for any follow up calls in
relation to the services provided through the Mint Keyboard. You expressly waive the Do Not Call
registrations on your phone/mobile numbers for contacting you for this purpose. You also agree that
Company reserves the right to make your contact details available to its Partners and you may be
contacted by the Partners for information and sales through email, telephone and/or SMS. You agree to
receive promotional materials and/or special offers from Company or its Partners through emails or SMS.
I. LICENSE AND ACCESS
-
All content included in the Mint Keyboard such as, but not limited to, images, text, graphics,
logos, and button icons, except the User Content, is protected by intellectual property laws. Legal
action may be taken against any individual or entity using such content without written permission
from Company.
-
Certain marks used in the Mint Keyboard are registered trademarks or service marks of Company, its
Partners, its artists or its suppliers, worldwide. Company trademarks and service marks may not be
used for any commercial or other purposes by any party other than Company or its affiliates without
the prior written consent of Company. All other trademarks and service marks not owned by Company or
its affiliates or subsidiaries that appear in the Mint Keyboard are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by Company. You understand
that all Content on the Platform is owned by the Company or other concerned third parties and
licensors. Without limiting the generality of the foregoing, Content will be deemed to include:
-
Copyrights, trademarks, service marks, product marks, symbols, logos, page headers, button
icons, scripts, representative material, domain names, and all translations, variations,
derivative material and combinations of any of the same;
-
All data, and works on the Platform and associated copyrights including authors’ rights,
moral rights;
-
Platform software and related documentation, algorithms, data, machine code, source code,
and programs; and
-
All manner of proprietary rights relating to any data or information on the Platform
irrespective of whether such proprietary right is protected or whether it is capable of
registration.
-
Company grants you a limited license to access and use Mint Keyboard for personal, non-commercial
use. This license is non-transferable and it does not confer any right to download, copy, create a
derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any
right in Mint Keyboard or the services provided thereon. You do not have the right to use any of
Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand
features. You may use information on the services made available on Mint Keyboard for downloading,
provided that you (i) do not remove any proprietary notice language in all copies of such documents,
(ii) use such information only for your personal, non-commercial informational purpose and do not
copy or post such information on any networked computer or broadcast it in any media, (iii) make no
modifications to any such information; and (iv) do not make any additional representations or
warranties relating to such documents. Except as expressly provided in this Agreement, no part of
Mint Keyboard may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including “mirroring”) to any other computer,
server, website or other medium for publication or distribution or for any commercial enterprise,
without Company’s express prior written consent. Any unauthorized use of Mint Keyboard may result in
immediate revocation of the license granted to you by Company.
-
Additionally you agree not to directly or indirectly undertake any of the following in relation to
the Platform or the Content:
-
copy, modify, publish, transmit, distribute, perform, display, or sell any Content, except
for that information which is in the public domain or for which you have been given
permission;
-
scrape or attempt to scrape or extract any data, including information provided by third
parties or other Users of the Platform;
-
use the Platform for any monitoring, benchmarking or throttling or any other purposes that
may impair the performance or functionality of the Platform;
-
access or attempt to access the Platform by any means other than through the interface
provided by us;
-
use any data associated with the Platform for any commercial purpose; and
-
decompile, reverse-compile, disassemble or attempt to access, construct, inspect or discover
any constituent element of the Platform and the Content.
For the limited purpose of access and usage of the Platform, you are granted with a personal,
non-exclusive, revocable, and non-transferable license. You understand that mere access to or usage of
the Platform does not confer upon you any proprietary rights to the Content.
All Content not owned by Company or its affiliates or subsidiaries that appear on the Platform are the
property of their respective owners, who may or may not be affiliated with, connected to, or sponsored
by the Company. You shall be responsible to such third-party for any manner of interaction with such
Content including but not limited to consenting to the terms and conditions of their use, and will
indemnify and hold harmless the Company and its officers in such regard.
Without prejudice to the generality of the foregoing, some of the GIFs used in the Platform are
developed by our partners and other third parties. The Company does not take responsibility or
liability, including in relation to copyright, for such GIFs related products, content and services on
the Platform which are linked to third party service providers.
You shall access such GIFs at your own risk and in accordance with the applicable law. We will not be
responsible for monitoring or your use of the copyrighted content. Any attempt to access or search the
copyrighted content or download the copyrighted content through the use of any engine, software, tool,
agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other
than the software and/or search agents provided by the Company shall be prohibited.
You shall not use the GIFs related content you obtain through the Platform to create a database,
directory, or index containing GIFs or digital stickers or to improve, edit, augment or supplement any
existing database, directory, or index containing GIFs or digital stickers or for any commercial
purpose.
If you are the owner of any copyrighted content and you feel that your work has been copied to
constitute copyright infringement, then you should immediately report of such copyrighted content to us
at mintkeyboard.customer@gmail.com. Such reported
copyrighted content shall not be given access on the Platform, subject to Bobble’s review of the
reported copyrighted content.
J. MONITORING OF YOUR ACCOUNT
Company has the right but not the obligation to monitor your use of the Mint Keyboard and share
information with any governmental, legislative, judicial or quasi-judicial authority of competent
jurisdiction upon receipt of an order requiring such disclosure, in accordance with the applicable laws
and the Privacy Policy available at
https://mintkeyboard.com/privacy-policy.
You understand and acknowledge that although the Company does not regularly review User submitted or
generated content, it reserves the right to edit such content in any way and to refuse to accept content
that violates this Agreement or which it finds objectionable in its sole and absolute discretion. We
have the right to suspend, at our sole discretion or determination, any content that violates the laws
and regulations in any jurisdiction or the terms of this Agreement; that infringes, prejudices,
threatens any right or safety; or that impersonates others. We also retain the right to take proper
legal actions, including but not limited to removing any illegal or infringing content, suspending the
qualification of violators and saving relative information and reporting to relevant authorities based
on the applicable laws and regulations;
K. SERVICE SUSPENSION
Company may wish to stop providing services through Mint Keyboard, and may terminate your use of it at
any time without any prior notice or liability to you. Unless Company informs you otherwise, upon
termination, (a) the rights and licenses granted to you under this Agreement shall stand revoked; and
(b) you shall stop using Mint Keyboard. Company reserves the right to suspend or cease providing any
service and shall have no liability or responsibility to you in any manner whatsoever if it chooses to
do so.
L. DISCLAIMER OF WARRANTIES
-
MINT KEYBOARD, ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH MINT
KEYBOARD ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR
WARRANTIES, EXPRESS OR IMPLIED EXCEPT OTHERWISE SPECIFIED IN WRITING. Company EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND
SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR
COURSE OF PERFORMANCE. COMPANY DOES NOT WARRANT THAT: (I) THE CONTENT ON MINT KEYBOARD SHALL BE
UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (II) MINT
KEYBOARD SHALL MEET YOUR REQUIREMENTS OR SHALL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE BASIS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MINT KEYBOARD OR ANY
SERVICES OFFERED THROUGH MINT KEYBOARD SHALL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF THE
SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH MINT KEYBOARD WILL MEET YOUR
EXPECTATIONS. COMPANY SHALL ALSO NOT BE RESPONSIBLE FOR ANY DATA LOST WHILE TRANSMITTING INFORMATION
ON THE INTERNET.
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ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH MINT KEYBOARD IS DOWNLOADED AT YOUR OWN RISK
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM
SUCH DOWNLOAD OR YOUR USE OF MINT KEYBOARD.
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COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY CONTENT
OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH MINT KEYBOARD OR ANY
HYPERLINKED WEBSITE OR SERVICE AND COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY IN RELATION THERETO.
COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES.
M. LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND THE SERVICES IS OTHERWISE AT YOUR SOLE RISK. THE
COMPANY DOES NOT GUARANTEE THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE
SPECIFIC RESULTS FROM USE OF THE APP OR ANY CONTENT, SEARCH OR LINK ON IT. THE PLATFORM AND THE SERVICES
ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM THE USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL OUR COMPANY BE LIABLE TO
YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST
PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Without limiting the generality of the foregoing, the Company will not bear any legal liability under
circumstances stated below:
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Any circumstances caused by suspension, breakdown and so on that result from the hacking, virus
invasion, blockings due to illegal and harassing content, government control or any other reasons
related to network, technique, communication line and information security management;
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Losses to the Users because of any third party act or omission or a force majeure event, such as the
communication line breakdown, technical problems, the network and computer breakdown, and other
cases of force majeure; and
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Any threat, defamation, offensive or illegal information that is caused by anonymous User
interaction or percolation through the Services or the Platform.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of
certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or
limitations may not apply to you and you might have additional rights.
N. INDEMNITY
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You shall indemnify and hold harmless Company its officers, directors, agents, and employees from
any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties
or other costs or expenses of any kind or nature, including reasonable attorneys' fees, arising out
of or related to your breach of this Agreement, Privacy Policy, your violation of applicable laws or
the rights of a third party, and your use of Mint Keyboard.
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This clause shall survive termination of this Agreement.
O. ADVERTISERS/ THIRD PARTY LINKS IN THE MINT KEYBOARD
The Mint Keyboard may provide links or references to other third-party applications or websites
(“Reference Apps”). You understand and agree that over the course of access and usage
of the Platform,
you shall be exposed to such Reference Apps as well as information, materials, software, or services
contained on or accessible through Reference Apps (“Reference Apps Content”). The
Company does not
endorse any such Reference Apps or the Reference Apps Content. ACCESS AND USE OF REFERENCE APPS,
INCLUDING THE REFERENCE APPS CONTENT IS SOLELY AT YOUR OWN RISK. We do not guarantee or make any
representations regarding any Reference Apps or Reference Apps Content. You understand that the Company
does not investigate or monitor the Reference Apps or Reference Apps Content, and that a link to a
Reference App is not to constitute an endorsement of such Reference Apps or Reference Apps Content by
the Company, with the Company not understood to have made any form of representation or warranty,
whether express of implied, in relation to the quality, genuineness and any other attribute of the
Reference Apps or Reference Apps Content. We shall not be responsible for any dispute between you and
any other third-party arising out of the use of the Platform or the Services. We shall not be held
liable for any negligent conduct or behaviour of any third party in relation to your usage of the
Platform or the Services. You further acknowledge and agree that Company shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with your use of or reliance on any such content, goods or services available on or through
any such third party websites/applications. Any information shared with such third parties shall be in
accordance with all applicable laws and governed by the Privacy Policy, available at
https://mintkeyboard.com/privacy-policy.
P. FORCE MAJEURE
Company shall not be held responsible for damage, loss, non-availability of the services, or deficiency
in provision of the services, resulting directly or indirectly due to a fire, earthquake, flood,
epidemic, strike, lockout, labour unrest, riot, civil disturbance, war, civil commotion, act of god, act
of terrorism, court order, change in law, or any other circumstance which is beyond the control of
Company.
Q. APPLICABLE LAWS, JURISDICTION AND DISPUTE RESOLUTION
By using the Platform and any Services, you agree that the Indian laws, without regard to principles of
conflict of laws, will govern this User Agreement. Any dispute arising from this Agreement or the use or
misuse of the Platform and/or Services, shall be subject to the exclusive jurisdiction of the competent
courts in the district of Delhi, India.
All disputes arising out of or in relation to this Agreement shall be settled amicably within a period
of 30 (thirty) days from the date of the first initiation of the dispute. In the event no amicable
settlement is arrived at within such period, the dispute shall be resolved by means of arbitration
pursuant to the Indian Arbitration and Conciliation Act, 1996.
The arbitration shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually
appointed arbitrator. If a mutual arbitrator cannot be appointed, each party shall appoint 1 (One)
arbitrator, and such appointed arbitrators shall appoint a presiding arbitrator. The arbitration
proceedings shall be conducted in English language only and the venue for arbitration shall be at Delhi.
The award of the arbitrator/arbitrator tribunal shall be final and binding.
R. Third Party Software Usage and Licenses
All the third party software used and their licensing terms are listed here Third Party Software Usage
S. MISCELLANEOUS
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Platform Permissions: By allowing several device permissions to the Platform you
are agreeing that
the Platform may use it even if it is in background.
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Network charges: By allowing network access you are agreeing that the Platform may
use the
network in background or foreground to pre-fetch content which may cause network charges.
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Electronic communications: When you use the Platform or send emails to us, you are
communicating
with us electronically. We therefore, take this as your consent to receive communications from us
electronically. By doing so, you agree that all agreements, notices, policy updates, disclosures and
other communications that we provide to you electronically satisfy any and all legal requirements
that such communications be in writing.
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Feedback: Your suggestion to the Company (“Feedback”) is regarded as transferring
all rights of
Feedback; the Company has the right to use the Feedback in any appropriate method. We also consider
this feedback unclassified and non-exclusive.
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Independence: If any of the terms or conditions herein shall be deemed invalid,
void, or for any
reason unenforceable, that term or condition shall be deemed severable and shall not affect the
validity and enforceability of any remaining term or condition. If some provisions of this Agreement
cannot be applied for some reasons, they will be revised to apply legally; and other provisions
remain applicable.
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Interpretation: The title of each paragraph is written only for the convenience of
reading and
does not have any legal or contractual obligations.
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Assignment: Without written consent from the Company, you cannot transfer the
rights and
obligations stated in this Agreement. Any behavior or activity violates the provision about such a
transfer attempt is invalid.
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Waiver: The failure of the Company to exercise or enforce any right or provision of
this
Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of
this Agreement will be effective only if in writing and signed by Company.
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Integrality: This Agreement (including the Privacy Policy) is the ultimate,
integral and
exclusive agreement between you and the Company, in relation to any matter relating to the Company’s
Platform and Services without limitation.
T. CONTACT US
If you have any concerns regarding the Mint Keyboard or the services provided through Mint Keyboard,
please write to us at mintkeyboard.customer@gmail.com