End User License Agreement

1Agreement and acceptance

The Daakia application and related documentation are licensed by Daakia Private Limited and/or its affiliates (“Daakia”, “Company”, “we”, “us”), whose office is at No. 7, 3rd Floor, Double Road, Domlur 2nd Stage, Indiranagar, Bangalore – 560071, Karnataka, India. They are licensed only to the person who accesses, downloads or uses the application (“you”, “your”) under the terms of this End User License Agreement (“EULA”).

• This EULA is an electronic record under the Information Technology Act, 2000 and the rules made under it. It is generated by a computer system and needs no physical or digital signature. It is a binding agreement between Daakia and you.
• By downloading or using the application, clicking “I Accept”, or otherwise accessing or receiving it, you confirm that you have read, understood and agree to be bound by this EULA, our Privacy Policy (which forms part of this EULA), and any rules or guidelines we issue for the application from time to time.
• If you do not agree, do not click “I Accept” and do not download, install or use the application.
• This EULA is published in line with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which require intermediaries to publish their rules and regulations, privacy policy and user agreement.

2Definitions

“Application”

The mobile or web-based application that lets you start communication with your saved contacts, receive communication from other users, translate instant messages into your preferred language, and start and join multi-party audio and video conferences.

“Services”

The services we provide through the Application, which include:

• starting and receiving communication with your saved contacts;
• seeing the approximate location of saved contacts who have enabled that feature;
• receiving short messages (SMS) from other users of the Application;
• translating messages into your preferred language;
• access to third-party services through partnered channels;
• multi-party HD video conferencing, with instant and scheduled invites;
• inviting people by the Daakia app, email, SMS or third-party messaging services on your Device, and letting invitees join from the Application on a compatible Device or from a compatible web browser on a laptop or desktop;
• rich communication services (“RCS”): messaging with images, contacts and location, screen sharing, file sharing and chat, including group chat; and
• any other service we provide from time to time.

“Device”

A compatible smartphone powered by Android, Microsoft Windows or iOS.

“Content”

All visual works made available to you through the Application, including interactive content, text, photographs and stickers. Content is owned by Daakia or by third-party providers who license it to us.

3Licence and acceptable use

To use the Application you must download and install it on your Android or iOS smartphone, or access it through a compatible browser.

The Application is owned by Daakia or licensed to us by a third party. Provided you fully comply with this EULA, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the Application, and the Content, for your private and personal use on your Device. Unless another written agreement with Daakia says otherwise (for example an organisation’s subscription), the Application is for personal and non-commercial use.

You agree that you will not:

• use the Application for any unlawful purpose or any purpose this EULA prohibits;
• modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or Services obtained from the Application;
• use the Application in a way that could damage, disable, overburden or impair the Services;
• use any software, hardware, tool or other measure that interferes with how the Application, your Device or the Services work; or
• use the Application if you are barred or legally prohibited from receiving or using the Services under the laws of India.

If you download the Application through an app store, you must also follow the terms of your Device and of that store. We are not liable for losses caused by your failure to follow them.

4Registration and your account

• To use the Services you must register and give accurate, complete and current information, and keep it up to date.
• You may not transfer your account to anyone else without our prior written permission.
• You are solely responsible for keeping your account confidential and secure and for everything that happens on or through it. We are not responsible for losses from unauthorised use of your account, or from inaccurate information you provide.
• You may incur data or access fees from third parties such as your internet provider or mobile carrier. You are solely responsible for these fees. We are not responsible for them, or for the availability or unavailability of third-party services and any resulting loss of Services.

5Your content and feedback

You keep ownership of what you create. If you send us comments, ideas, reviews, questionnaire responses or other material, or post or submit content through the Application (“User Feedback”), you grant Daakia a perpetual, worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable licence to display, use, reproduce or modify it in any media, software or technology, now known or developed later. We may use it to develop, market and improve our products and services without compensation, acknowledgement or payment to you.

We may remove User Feedback at our discretion, or on a third party’s request, if it may create liability for us, harm our reputation, or is offensive, inappropriate, defamatory, obscene or libellous.

How we handle personal information is described in our Privacy Policy.

6Third-party links and dealings

The Application may link to or show feeds from other websites or applications (“Linked Sites”). We do not control Linked Sites and are not responsible for their content, links, changes or updates, or anything transmitted through them. A link is not an endorsement or a sign of any association with the site’s operators.

Any dealings with third parties, including advertisers, that are included in or linked from the Application, and any promotions, delivery and payment for goods or services, and related terms, warranties or representations, are solely between you and that third party. We are not responsible or liable for them.

7Updates and changes

• Changes to this EULA. We may change this EULA, including any charges for the Services, as our business and legal or regulatory requirements change. The updated EULA is published on this page and we will make reasonable efforts to tell you about significant changes. Please review it from time to time.
• Changes to the Services. We may add, modify or remove content or features of the Services at any time at our discretion.
• Software updates. You may need to install updates (bug fixes, patches, enhanced functions, missing plug-ins and new versions) to keep using the Application. The Application may contact our servers to check for updates. Using the Services means you agree to receive these updates automatically. This EULA applies to all updates, upgrades, modifications and enhancements.

8AI translation

Instant messages are translated for your convenience using translation software powered by Daakia together with cloud translation providers. We choose specific providers for specific languages to cover as many languages as possible. We make reasonable efforts to give accurate translations, but no automated translation is perfect or meant to replace a human translator.

• The original message in the language the sender used is the primary text. Differences in a translation are not binding and have no legal effect. If you have doubts about accuracy, refer to the original.
• Translated messages are not saved on your Device, so they cannot be forwarded or copied. Daakia does not save messages, translated or otherwise.
• We may make translation a paid service in future. We will tell you of any charges as described in section 7.

9Disclaimers and limits of liability

You specifically agree that the Company is not responsible for:

• unauthorised access to or alteration of your transmissions or data, any material or data sent, received, or not sent or received, or any transactions you enter into through the Application;
• any infringement of another person’s rights, including intellectual property rights, or any services sent using or included in the Application by a third party;
• compatibility with every operating system, smartphone or network, or any of their versions. Using the Application and its automatic updates may require you to upgrade your Device, operating system, network or application software; or
• the requirements for the Application to work on your Device, such as sufficient battery and network strength, which are your sole responsibility.

In no event will the Company or its affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages, or any damages whatsoever, including damages for or relating to providing or failing to provide Services, or information, software and Services obtained through the Application, or otherwise arising from its use, whether in contract, tort, negligence, strict liability or otherwise, even if we or any supplier have been advised of the possibility of such damages.

10Suspension and termination

We may blacklist, disable or terminate your use of the Application or Services. If we disable your account under this EULA, for example if you break its terms, you may lose access to the Application, your account details and any files or other Services stored with your account. We may end your access to any or all Services, or any part of them, at any time at our sole discretion and without notice.

11Intellectual property

Daakia, or the relevant rights holders, own all title, interest and rights, including intellectual property rights, in the Application and your smartphone or tablet software as they apply, including rights arising from any suggestions, enhancement requests, recommendations or other information you provide, whether while using the Application or otherwise.

12General and governing law

• Severability. If a term of this EULA is found unenforceable under applicable law, it is severed and the rest of the EULA is unaffected. We may replace it with a suitable, enforceable term at our discretion.
• Governing law. This EULA is governed by the laws of India. All disputes are subject to the jurisdiction of the courts of Bengaluru, Karnataka.

13Contact us

Questions or concerns about this EULA? Write to us at contact@daakia.co.in.