TERMS OF SERVICE
THIS DOCUMENT IS AN ELECTRONIC CONTRACT RECOGNISED UNDER THE PROVISIONS OF THE INFORMATION TECHNOLOGY ACT OF 2000, READ ALONG WITH ITS RULES, AND OUTLINES THE TERMS ON WHICH A USER MAY THROUGH ITS WEB APPLICATION / PLATFORM / WEBSITE (“https://kytes.app”, “https://live.kytes.app” and other such manifestations of Kytes URLs), OWNED AND OPERATED BY ANATRI TECHNOLOGIES PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE LAWS OF SINGAPORE WITH REGISTERED OFFICE AT #11-05, 20 COLLYER QUAY, SINGAPORE – 049319.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE OR SERVICES OR ACCESSING THE PLATFORM OR POSTING ANY CONTENT FROM OR ON THE WEBSITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY STOP THE USE OF THE WEBSITE, SERVICES, OR COLLECTIVE CONTENT. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.
These Terms govern your access to Our Website and use of Our software, products, and/or Services offered through the Platform or App (individually or collectively, the “Products”) and any information, content, text, graphics, photos or other materials uploaded, downloaded, purchased, or appearing on or through the Website and the Products (collectively referred to as “Content”) and accessed through devices such as computers, mobiles, tablets or any other similar devices including any mobile communication device.
DEFINITIONS:App: The app with the name Kytes, available on live.kytes.app and owned and operated by Anatri Technologies Private Ltd. This may take form of a content delivery mechanism (“Player” app) or the content and user management and distribution/sales mechanism (“Studio” app) or both, as made available to the users of the solution
Billing Cycle: Period for which a subscription fee is charged on a-prior basis and in one-go, which is 30 days, starting from the subscription of the service, exclusive of the free trial period, if any.
Content Consumers: Users who consume the Content created by any or all of the Content Creators.
Content Creators: Users who create, upload, and/or publish content on Kytes in various formats, including but not limited to audio, visual, interactive and textual content.
Platform: The systems used either online or offline, web-based/app based/hybrid/other,create/manage/distribute/sell/purchase/try/consume content, or any associated promotional or advertising content, accessed on the App or through the Website.
Service/s: Any paid or unpaid use of Kytes, availed through its Platform or App, and through any device, including but not limited to desktop, mobile phones and tablets.
Subscription Fees: Fees payable for a particular billing period in accordance with the Subscription model as provided under section 9 (Subscription Fees) below.
Subscription: Terms, scope, and other conditions, including but not limited to payment options and duration, that determine and qualify the usage of Products .
User: Any person or entity with an authorised user account who uses the Services through Kytes, either on his/her own behalf or on behalf of any other person, entity or organisation.
Visitor: Any person who visits our website for a single time or multiple times.
Website: The website with the domain name kytes.app and URL https://kytes.app/# OR https://*.kytes.app/# owned and operated by Anatri Technologies Private Ltd.
OWNERSHIP – Unless otherwise specified in this agreement, this website, its content, domain name and URL *.kytes.app are our sole and exclusive property. All underlying technologies, designs, processes, techniques, ideas, know-how, source code, and management files behind the development, continued service, and maintenance of Kytes, as well as any modifications, revisions and improvements that shall be done to the same, are our sole and exclusive property. Any person who offers any feedback, comments or suggestions, including but not limited to creative ideas, original materials, or suggestions relating to products, services or marketing plans, shall not be entitled to claim any rights, including proprietary rights, over the same. All such feedback, comments and suggestions shall be treated as non-proprietary and non-confidential and may be used by us or our partners for any purpose, including but not limited to product or service solicitations, reproduction, disclosure, transmission, publication, and broadcast.
The Content Creator is responsible for Content that it posts to the Products, and any consequences thereof. The Content submitted, posted, or displayed may be viewed by the Users of the Products. The Content Creator may control the Content that Users of certain Products may access through the distribution control options in certain Products. Content Consumers may have no control over what Content is pushed to them via the Products and undertake to exercise due caution before opening the Content available to them, and accept sole responsibility for any impact thereof on them.
The Content Creator retains the rights to any Content that it submits, posts, or displays on or through the Products. By submitting, posting or displaying Content on or through the Products, the Content Creator grants us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, host, store, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works from, communicate, display, and/or distribute such Content in any and all media or distribution methods (now known or later developed) as part of providing any of the Products. You agree that this license includes the right to us to provide and promote, the Products and to make reference (blurbs, links, clippings etc.) to Content submitted to or through the Products available to other institutions or individuals as part of providing the Products (including after termination of your use of the Products), or as part of promotional or marketing efforts for the Products or Content, and in accordance with your privacy settings. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. It is clarified that the ownership of the Content stays solely with its Content Creator.
All Content, whether publicly posted or privately posted or transmitted through or on the Product(s), is the sole responsibility of the Content Creator. We may not monitor or control the Content posted via the Products, and we do not take responsibility for such Content. Any use or reliance on any Content or materials posted via the Products or obtained by you through the Products is at your own risk.
Further, in connection with Content you submit, post, or display on or through the Products, you affirm, represent, and warrant the following: (a) you have the written consent of each and every natural person who is identifiable in the Content, if any, to use such person’s name or likeness in the manner contemplated by any Product and these Terms, and each such person has released you from any liability that may arise in relation to such use; (b) you have obtained and are solely responsible for obtaining all consents as may be required by law to post any Content relating to third parties; © your Content, and our use of it thereof, as contemplated by these Terms and Conditions will not violate any law or infringe any of our rights or of any third party, including but not limited to any intellectual property rights and privacy rights; and (d) we may exercise the rights to your Content granted under these Terms and Conditions without liability of any kind whatsoever e) you have the right to add Users to the Products to distribute Content to them and f) you shall take due care to ensure that the Content pushed to Users is appropriate for each of those Users. We will not monitor, control or be held liable for the Users being created by the Content Creator or make any effort to ensure that they do not get inappropriate or unsolicited Content through the Products, and all responsibilities and liabilities in this regard shall be that of the Content Creator only.
The copyright in all content provided, included, or otherwise made available on the website or Product, including, but not limited to audio, visual, interactive and textual content such as ebooks, graphics, logos, data compilations, digital downloads, short videos, podcasts, presentations, PDF format documents etc. except the Content created by the Content Creator vests with us and is protected by copyright law in India, international copyright treaties and relevant conventions. Except as provided in these Terms and Conditions, all content (belonging to us or Content Creators) may not be reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission or the copyright owner.
We respect the intellectual property rights of others and expect Users of the Products to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We shall retain the rights to remove any Content that infringes upon any of our intellectual property rights including copyright or trademark rights, without any prior notice whatsoever to Users. If you believe that your Content has been removed in error, you may contact us with the information that establishes sufficiently your ownership of the rights to said Content.
Our and other third party’s trademarks, service marks and logos (“Trademarks”) are used and displayed on this site are registered and unregistered Trademarks. They must not be displayed, copied or otherwise used in any manner by you in the absence of prior written consent from us or any such third party which may own the trademark in question. Such trademarks may not be used for or in connection with any other product or service so as to create confusion amongst the customers, with respect to the services offered by us through Kytes and such other product or service, or to defame, disparage or discredit us or Kytes.
The Content Creator grants a worldwide, non-exclusive right, royalty free license to us to use its trade name along with the trademark for marketing, promotional, case-study or other types of consumer acquisition or retention purposes or as part of any kind of litigation or dispute resolution.
All patented technologies and designs owned by us and pertaining to the development and continued functioning of Kytes shall be our exclusive property and may not be used by any other person without our express consent and the satisfaction of any other terms that we may deem suitable, including but not limited to, payment of a certain amount of money.
You undertake to make the best efforts to protect the content of the Service from illegal and unauthorised use and distribution. Visitors and Users may not modify, distribute, publish, transmit, or create derivative works of any material found on the Website or the Product (as relevant) for any public or commercial purposes. We reserve the right to permanently or temporarily disable any User account, without prior notice, if it is found to be infringing our intellectual property rights, or those of the Users. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.
LIMITED LICENSE: Notwithstanding anything contained in Clause 3 above, we grant a non-transferable and non-exclusive limited and revocable license to any user, visitor, or partner to copy materials published on the Website for only such non-commercial use within your organization which is in support of our Products or the Website. Such an authorization does not amount to divestment of our intellectual property rights in its works and you must retain all copyright and other proprietary notices in the same form and manner as in the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any of our or any third party’s patent, trademark or copyright.
LINKS: This website may include links or other references to third party websites which are not controlled, managed, maintained, regulated, or associated in any other manner with/by us. We are not responsible for the content, privacy practices, other work practices or any other activities of such websites. Neither are we responsible or legally liable for any damage or loss, whether direct, indirect, remote or consequential, incurred by you by virtue of, in connection with or incidental to your access, use or any other means of reliance on such websites, or on any information, goods or services provided by them.
Furthermore, we are also not responsible or legally liable for any third party websites providing links to our website.
MONETIZATION: All users understand and acknowledge that we may use the Platform for further monetization purposes through various means such as advertisements, promotions or sponsorship features (“Monetization”). We may implement additional operating rules, policies and procedures relating to this from time to time, by posting them to our website(s) /Product(s) or through a notice provided through the services rendered, via e-mail or by other appropriate means of electronic communication. Such rules, policies and procedures shall be in addition to these Terms and Conditions, and will govern your access to and use of the Products. Such Monetization opportunities may be extended by us to you, and in a manner as determined by us and subject to the subscription model as provided under Subscription Fees (under paragraph 9 below).
USER ACCOUNTS: All users with authorised accounts on our website, as provided by us, are users of our services through Kytes or any other solution/service/product/system that we offer that includes Kytes as part of it for the purpose of this agreement. As a user, you understand and unconditionally undertake the following:
That you are above the age of majority in your applicable jurisdiction. In case the Products and Contents is being accessed or used by a Child (below the age of majority in your applicable jurisdiction), you acknowledge and undertake that:
You are competent and have all the necessary legal rights to enter into this agreement on behalf of the child.
You grant your consent to us for your child to consume/participate in content created and/or distributed by the Company on the Product(s) / Website and in relation to the Services provided. You undertake that the participation of the child and all the activities done by the child will be under your direct and constant supervision. You further accept complete liability arising out of the child’s acts, whether direct or indirect.
That the information provided by you in the course of your registration and any time thereafter is true to the best of your knowledge.
That in case of any change in the said information as necessitated by passage of time, or for any other reason, shall be duly intimated to us within a reasonable amount of time.
That you shall be solely responsible and legally liable, to our exclusion, for any and all activities done from your authorised user account.
That the password to your account shall be duly protected and secured by you.
That in the event of your password being compromised or your security being otherwise breached in any manner whatsoever, you shall intimate us immediately.
That you shall not use a username which is indecent, vulgar, abusive, obscene, or otherwise not civil to use.
That you shall not use a username on behalf of any other person or entity, to the extent that the same is unauthorized, unlawful, illegal, or otherwise prohibited.
That you shall respect the interests, claims and rights, including but not limited to intellectual property rights of all other users as well as of our intellectual property rights throughout the duration of your use of our Services and at all points of time thereafter.
That in the event of your non-compliance with any or all of the terms enumerated in this clause, we shall have the unrestricted right to suspend or terminate your user account without prior notice and initiate legal proceedings against you.
That the Content be appropriate and suitable for the Consumer(s) to whom it is assigned, and that the most stringent definition of moral/social/cultural/legal values and standards be adhered to in order to determine appropriateness (propriety); and that upon knowing of a complaint from a Consumer, such User be immediately delinked from the offending Content.
USER CONDUCT: You may not sub-license, loan, distribute, assign, transmit, sell, or otherwise transfer, any rights and obligations accruing to you by virtue of this agreement. Furthermore, you may not engage in any indecent, inappropriate or uncivil behaviour with any other user on our website, lest you shall be liable to have to have your account temporarily, permanently or indefinitely suspended, and to incur legal consequences.
CONTENT CREATORS: Kytes offers a platform for content creators to create a host of audio, visual and textual content including short videos, PowerPoint presentations, PDF Files, Podcasts and e-books and share them with their audience across various devices, including desktops, mobiles and tablets. Any content of the Service provided to you by Kytes may not be leased, rented, sub-licensed, loaned, distributed, assigned, transmitted, sold, or otherwise transferred by you. Kytes is strictly a facilitating intermediary and all content creators are solely responsible for their content, and all the legal obligations accruing to it. The ownership of all content created using Kytes’ services vests with its author. If we receive a notice for taking down any content on the ground that it infringes the notice-sender’s copyright (a take-down notice), pursuant to Rule 75(2) of the Copyright Rules, 2013 in India, we shall have to take down the content against which the notice is so received by us within 36 hours and for a period of 21 days or until the order of a competent court to us with regard to the status of the case, whichever is earlier.
The Content Creator warrants and represents that its content, and the content of any website from which it includes a link to any site, or to which it posts a link from a site, will not be inappropriate. Without limitation, content (and the content of third-party websites) may be considered inappropriate if:
it is misleading in any way, and/or it gives a false impression as to its origins or approvals;
it is defamatory, plagiarized (including plagiarism from your own work), abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful or it advocates violence;
it is in breach of confidentiality or another person’s privacy or other rights, or of any duty owed by the Content Creator;
it prejudices any active or pending legal proceedings of which the Content Creator is aware;
it contains accusations of impropriety or personal criticism of our personnel, editors or reviewers;
it infringes any intellectual property rights proprietary to the Company or any third party;
it is technically harmful (including content containing, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct and/or contains any other element which is intended to harm the Company or any third party, or to carry out or facilitate any fraudulent or dishonest transaction);
it advertises or promotes any product or service or makes any requests for donations or financial support;
it is spam or junk content;
it impersonates another person or otherwise misrepresents your identity, affiliation or status;
it would be considered a criminal or statutory offense in any jurisdiction, or gives rise to civil liability, or is otherwise unlawful; and/or
it is in breach of these Terms and Conditions.
Additionally, Kytes reserves the right to remove any of the foregoing content, and shall not be responsible or legally liable for any loss of revenue accruing to any content creator because of the said removal.
CONTENT CONSUMERS: You shall not remove, modify, hide, or render inconspicuous any proprietary notices or labels on the content provided to you by us or any Content Creator. Additionally, you undertake to not bypass, defeat, modify, or otherwise circumvent, any content protection features such as Digital Rights Management and AES 128 Bit Content Encryption used by us. We are not responsible for the content created by the Content Creators that it hosts on the Platforms. Therefore, any claim on part of any or all Content Consumers arising from their consumption of the content created by any or all of the Content Creators shall not be attributable, directly, indirectly or vicariously to us. This includes, but is not limited to any claim of loss, such as financial or educational loss, emanating from reliance on the content created by any, all or a group of Content Creators or any hurt caused to a Content Consumer’s religious or caste sentiments through such content. Additionally, all Content Consumers are under an obligation to send, pursuant to Rule 75(2) of the Copyright Rules, 2013 of India, a take-down notice to us for any alleged breach of their copyright by a Content Creator. Our legal obligation to take down such content will only arise once the said notice has been duly sent to us through any of the prescribed means.
SUBSCRIPTION FEES: Based on the number of users who will be using our Services, the subscription model may be of four types. Once you’ve chosen a suitable subscription model, you shall agree to incur the initial and recurring subscription fees at the then-applicable subscription rate. To clarify, all recurring subscription fees shall be at the rate prevailing at the time of recurrence, and not the initial subscription. The applicable fee shall be automatically processed in every Billing Cycle thereafter. If you wish to cancel your subscription, you may do so at any time by opting-out of it. Subsequent to opting-out, you shall not be charged for any month thereafter. If an automatic payment is declined, your subscription shall be put on hold with immediate effect and may continue only after the due amount has been paid. Any fees once processed for a Billing Cycle is non-refundable.
FREE TRIAL: Kytes may offer potential subscribers a subscription with free trial of the Services offered by us. It may be used only for the purpose of making a determination as to whether you want to continue your subscription and may not be used for any other purpose, including, but not limited to, competitive analysis. The free trial may include any or all of the Services offered by us. Its duration will be specified before you are given access to it. Even though you will not be charged for the free trial, you may be required to enter your billing information before availing it. In the event of non-cancellation of your subscription by the last date of the free trial, you will be automatically charged for the subscription model you opted for at the time of signing up for the free trial. We reserve the right to modify the terms of the free trial, including but not limited to, modifying its duration or services available, or cancelling the said free trial, without any prior notice.
IN-APP PURCHASES: In-app purchases may be availed by users of the Kytes App for purchasing monthly subscriptions/disabling advertisements/purchasing any other product or Service (choose as applicable). All users shall be solely responsible for all their in-app purchases, including but not limited to, the amount spent on them and opting out of any automatically recurring purchases (if applicable). If you are not of the age of majority in your jurisdiction, you must obtain parental consent for making such purchases. We are not responsible for verifying your age for this purpose and is not legally liable for any consequences emanating from the absence of such parental consent. All billing and transaction processes shall be handled by the App Store Provider from which the app was downloaded and we shall have no obligation to entertain any requests pertaining to any payment or billing related issues arising from such in-app purchases.
ERRORS IN SERVICE AND LIMITATION OF LIABILITY: You avail the Services offered by us at your own risk. The Services provided by us are on an “as is” basis. We offer no warranty, whether express or implied, with respect to any aspect of any of the Services offered by us. We do not guarantee or warrant that:
Our Services shall be uninterrupted or error free.
They shall meet your requirements.
They shall be free of viruses or any other harmful components.
They shall be available at your desired location.
Errors in Service would be acknowledged, and corrected within a stipulated time, or acknowledged or corrected at all.
The information obtained by you in the course of use of our Services through Kytes shall be free from any error or completely reliable.
We will be responsible for the conduct of any third party using our Services.
We are responsible for any security breach of user accounts on its websites, including but not limited to any or all of its user account passwords being compromised.
Additionally, notwithstanding any other terms and conditions herein, we reserve the right to modify or discontinue, temporarily or permanently, or suspend the Services (or any part thereof) with or without notice, including for the purpose of maintenance of the Product(s). We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuation of Service(s).
Furthermore, you agree to indemnify and hold us harmless for any and all damages, losses (direct, indirect, remote or consequential) incurred by you due to any of the errors in Service enumerated in this clause.
In no event, we shall be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by You or any third-party, whether in an action in contract or tort, arising from your access to, or use of, the Product or any content provided on or through the Product.
Our liability for any and all claims in the aggregate, arising out of or related to your use of the Product, shall not under any circumstances exceed the amounts actually paid by You to us for the Services.
INDEMNIFICATION: If, in the course of your access or use of the Services provided by us through Kytes, or for any other purpose connected with or incidental to the such access or use, or such use or access by any third party using your account and password, or in the event of a breach on your part of these terms and conditions, you shall indemnify, defend and hold us harmless for any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of the same. You release us from all eligible claims that other users or third parties may file against us due to a violation of their rights by content posted by the user or due to a violation of other obligations.
TERMINATION: Without limiting any other rights that we may have, we may remove, restrict, cancel or suspend access to and/or use of the App / Website, Services provided by us and any part of it, if we consider (in our sole discretion) that You have breached any of these Terms. In addition, we reserve the right to terminate our agreement with you, with a two-week notice period to inform your users, if we determine that said agreement is not suitable for us either monetarily, socially, or for any other reason of our sole determination. We shall not be held liable to provide any justification or be held liable for payment of damages of any sort whatsoever to you or any third parties involved for such termination.
You may also terminate your agreement with us by ceasing to access the App / Website, Services, without affecting any rights or remedies, which have accrued up to the time of termination.
SEVERANCE: All these terms and conditions are independent of one another. Therefore, if a court of competent jurisdiction rules any part of these terms and conditions to be invalid, illegal or unenforceable, then only such terms and conditions, or parts thereof, shall be severed, and the remaining terms and conditions, and parts, shall survive and continue in full force and effect, governing the use of our Services, as though the severed terms were not a part of the agreement.
GOVERNING LAW AND JURISDICTION: These terms and transactions contemplated hereby shall be governed by, construed and interpreted in accordance with the law in India. Therefore, any dispute arising from or in connection to your use of our Services shall be governed by Indian law, without regard to your place of domicile, or location at the time of availing our Services. You hereby understand and expressly submit to the exclusive jurisdiction of courts at [Mumbai] to resolve any disputes arising out of or in connection with your use of any Service offered by us through Kytes.
INTERNATIONAL USE: This Website / Product may not be accessed from territories where accessing any or all of its contents is unlawful, illegal or otherwise prohibited. We are not responsible for any such accessing of the website by any person or entity and any legal liability emanating from such access shall solely accrue to the said person or entity.
UPDATION OF TERMS AND CONDITIONS: Our terms may be updated from time to time. A due notice of the same shall be given to you, either through email or through a notification on our website or the app dashboard. After notice is duly given in any of these modes, the terms shall be considered to have been updated and your use of our Services shall thereafter be governed by such updated terms. If the updated terms are not agreeable to you, you must stop using our Services with immediate effect. In such a case, you may cancel your subscription with us. Your use of our Services after the notice of the updated terms has been given either on our website or through email is indicative and conclusive of your acceptance of them, and you shall thereafter be legally bound by the updated terms.
CONTACT: If you have any questions about these Terms and Conditions, please contact us by email or postal mail on the channels listed on the Website.