END USER LICENCE AGREEMENT
Created on August 29, 2022
PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the application, software, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided by BUREAUID INDIA PRIVATE LIMITED., or any one of its subsidiaries or affiliated companies, including without limitation BUREAU INC and JUNOON TECH PTE LTD (collectively referred to as “BUREAU").
If you reside in the European Union or are otherwise under the scope of the General Data Protection Regulation of the European Parliament and of the Council (Regulation (EU) 2016/679, “GDPR”) you must be sixteen 16 (sixteen) years of age or older or of such age as may be legally compliant as per GDPR to use the Product. If you are not in the European Union or otherwise under the scope of the GDPR and the applicable law in your jurisdiction in which you reside requires you to be older in order for BUREAU to provide the services to you, including the collection, storage, and use of your contact information, then the minimum age is the legally required older age as the case may be.
BUREAU reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 9.
1. GRANT OF LICENSE
- BUREAU (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or BUREAU terminates this EULA. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from BUREAU. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD. In case You wish to use any part of the Product as a part of Your own application or modify any part of the services or Product, such use is subject to BUREAU’s prior written approval and that You enter into a separate license agreement with BUREAU.
- You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product; (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
While using the Product, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by BUREAU. In all cases, You may only use the Product according to anticipated use of the Product. You may not use the services or the Product in any manner, which is illegal, harmful, or may be considered offensive by BUREAU, other users or third parties. You agree not to exploit the services or the Product in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity. You further agree not to use our services or Product in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and You acknowledge and agree that BUREAU is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Product. Notwithstanding any other remedies available to BUREAU, You agree that BUREAU may suspend or terminate Your use of the Product without notice if You use the services or the Product in any prohibited manner, and that such use will be deemed a material breach of these Terms
For the purposes of this Section 3, and without limiting BUREAU’s rights to take action against You, You shall not:
- create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
- modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
- transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on BUREAU’s servers and/or the Product and/or those of its service providers and partners;
- create, supply or use alternative methods of using the Products, for example server emulators;
- spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
- transmitting or communicating any material or content which, in the sole and exclusive discretion of BUREAU, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
- harassing or threatening any other users in the Product;
- make inappropriate use of the help service or the claim buttons or send untruthful reports to members of BUREAU’s personnel;
- falsely claim to be an employee or representative of BUREAU or its partners and/or agents;
- falsely claim an endorsement in connection with the Product or with BUREAU;
- provide false, inaccurate or misleading information;
- use any device, software or routine to bypass the BUREAU Product’s robot exclusion headers, or interfere or attempt to interfere, with BUREAU and its Product;
- use the Product to collect or obtain personal information, including without limitation, financial information, about other users of the Product, except and only as expressly provided in the EULA.
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, diagrams, concepts, videos, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by BUREAU or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, BUREAU’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without BUREAU’s prior permission and, if applicable, BUREAU’s licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by BUREAU. You are not granted any right to use BUREAU’s name, trademarks or other commercial symbols. All rights not expressly granted to You under this EULA shall be retained by BUREAU.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
3. ACCESS TO THE PRODUCT
You may only use the Product and the information you obtain through the services for your own personal, non-commercial use, and only in accordance with all applicable laws, rules and regulations. If You are using the Product on a Compatible Mobile Device, this Section 1 is applicable to You and to Your use of the Product:
For this EULA, “Compatible Mobile Device” designates any portable mobile device capable of connecting to Internet to access the Products. The term Compatible Mobile Device covers in particular feature phones, smartphones , tablet computers, and personal digital assistants (PDAs).
- Product Access. To use the Product on a Compatible Mobile Device, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Terminal and of the electronic communication network. BUREAU may in no case be held responsible for reduced user comfort and/or any other issues which You may incur from the usage of the electronic communication network as may ne undertaken by You. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers.
- Analytics Tools. BUREAU uses third party analytics tools to collect information concerning Your and other users’ habits and use of the Product. You hereby agree and acknowledge and provide your consent to BUREAU for collecting information that may contain including but not limited to the following: mobile device unique identity or other device identifiers and settings, carrier, operating system, localization information, date and time spent on the Product, email, messaging, call metrics and statistics, feature usage, purchase history and other similar information. The information collected and used for the identification of suspicious, potentially fraudulent calls, electronic messages, SMSes or dangerous malware may contain including but not limited to the following: age and gender, mobile device une identity or other device identifiers and settings, information about Your use of the Product, Compatible Mobile Device, and other Internet sites (including third party web pages and mobile Internet sites) viewed by You (as well as date and time viewed).
BUREAU may send alerts to the mobile phone number provided by You while registering with the Product for its service or on any updated mobile number subsequently provided by You for the Product, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in functional mode to receive the SMS and in case of an e-mail, only if the e-mail servers and e-mail address is functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is switched off or in an airplane mode or if the e-mail servers or email addresses are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages. BUREAU will make best efforts to provide alerts through SMS, e-mail, push notifications and it shall be deemed that You shall have received the information sent from BUREAU as an alert on the mobile phone number or e-mail address provided during the course of and/or in relation to, using the BUREAU Product or availing any services from BUREAU. BUREAU shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold BUREAU liable for non-availability of the SMS, email, alert and/or push notifications service in any manner whatsoever. You agree that the clarity, readability, accuracy and promptness of providing the SMS, e-mail alert, push notification service(s) depend on many factors including the infrastructure and connectivity of the service provider. BUREAU shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
4. CONSENT TO MONITOR
When You are using the Product, You hereby agree and provide Your consent to BUREAU that the Product may monitor your contact lists, emails, browsing history, messages and incoming and outgoing calls. This is to identify and flag to the User any suspicious or known threat arising from the items monitored. You hereby provide Your consent to BUREAU that Your hardware random access memory (RAM) may be accessed by the Product to check for any unauthorized third party programs and malicious software, prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to BUREAU, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this License and Your access to the Product may be terminated with or without additional notice to You.
You guarantee that any information and other content, such as Your profile information and information regarding the contacts contained in Your device’s phone book, that You may share with BUREAU as a user of the Product (“Content
. Further, You grant BUREAU a world-wide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, perform, display, distribute, create derivative works in, store and archive such Content and You understand and agree that BUREAU retains the right to reformat, excerpt or translate any Content provided or transmitted by You.
However, please note that BUREAU is not responsible for and does not endorse the content, opinions, advice and/or recommendations displayed or sent by You via your Device. Such communications are the sole responsibility of the user in question.
5. LIMITED GUARANTEE FOR APPLICATION PURCHASED AS A SERVICE
If You purchased the Guarantee option of the Product via subscription as available for the Product, the contents of Section 5 of this EULA and Appendix 1 shall be applicable on You (“Guarantee”):
In the event that You become a victim of digital fraud and/or an online scam as outlined in the incidences covered under Guarantee, resulting in any financial losses while being an active user and subscriber of the Product, BUREAU will, at BUREAU’s discretion and analysis of any such claims, may cover you for any such direct losses to the extent of the Guarantee Fees equal to but not greater than the Guarantee Fees as stated under Appendix 1 of this EULA provided that You shall provide BUREAU with details such losses and necessary supporting documents towards Your claim including but not limited to the written proof of purchase of the Product
YOU HEREBY AGREE AND ACKNOWLEDGE THAT PURSUANT TO YOUR USAGE OF THE PRODUCT AND YOU SUBSCRIBING TO THE GUARANTEE, SECTION 5 AND APPENDIX 1 OF THIS EULA SHALL ACT AS YOUR SOLE AND EXCLUSIVE REMEDY TOWARDS ANY CLAIMS ARISING FROM SUCH GUARANTEE.
6. GUARANTEE DISCLAIMER, LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. YOU EXPRESSLY AGREE THAT USE OF THE PRODUCT, SERVICES AND MATERIALS IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE (INCLUDING ANY SUCH DEVICES WHICH CAN BE ACCESSED TO USE THE PRODUCT) OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE PRODUCT, SERVICES OR MATERIALS AND FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE PRODUCT, SERVICES AND/OR MATERIALS. YOU EXPRESSLY AGREE THAT USE OF THE BUREAU’S SERVICES IS AT YOUR SOLE RISK AND THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. BUREAU, BUREAU’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, TECHNOLOGICAL UPGRADATION, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. BUREAU DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES,“WORMS,” “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. FOR THE PURPOSES OF THIS DISCLAIMER, YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM “BUREAU” INCLUDES BUREAU’S OFFICERS, DIRECTORS AND EMPLOYEES.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL BUREAU, BUREAU’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND/OR (F) INDIRECT LOSS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BUREAU AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCT, SERVICES AND/OR MATERIALS. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY GUARANTEE ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS EULA.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, IN THE EVENT OF ANY ISSUE WHICH MAY INCUR DUE TO YOUR USAGE OF THE PRODUCT AND SERVICES OFFERED BY BUREAU, YOU MAY AT ANY SUCH TIME CEASE TO USE THE PRODUCT. IN NO EVENT BUREAU, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS SHALL BE HELD LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT AS MORE SPECIFICALLY PROVIDED UNDER GUARANTEE(TO THE EXTENT AND EQUIVALENT TO THE PRO-RATA PAYMENT MADE FOR SUCH SUBSCRIPTION) PURSUANT TO SECTION 5 AND APPENDIX 1 OF THIS EULA, IF AND ONLY IF YOU HAVE SUBSCRIBED TO THE GUARANTEE OFFERED BY BUREAU.
WHERE ANY USER HAS NOT SUBSCRIBED TO THE GUARANTEE PLAN AS OFFERED BY BUREAU, BUREAU’S MAXIMUM AGGREGATE LIABILITY TO SUCH USER FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR ANY OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO INR 5,000.
FOR PURPOSES OF THIS SECTION 6, BUREAU’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
You are solely responsible for any damage caused to BUREAU, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.
YOU HEREBY AGREE TO HOLD HARMLESS, DEFEND, INDEMNIFY AND KEEP INDEMNIFIED BUREAU AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, ALL LIABILITIES, LOSSES, DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA AND (B) YOUR USE OR MISUSE OF THE PRODUCT.
BUREAU reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify BUREAU. The provisions of this Section 7 shall remain in force after termination of this EULA.
The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and BUREAU (or its licensors) may terminate this EULA, at any time, for any reason. Termination by BUREAU will be effective upon (a) notice to You or (b) termination of Your BUREAU Account (if any) or (c) at the time of BUREAU’s decision to discontinue offering and/or supporting the Product. BUREAU may discontinue, terminate, suspend or shut down the mobile application and related services and the Product, in part or in whole, at any time, for any or no reason. We may give notice of such discontinuation, termination, suspension or shut-down through any means, including, but not limited to, making such notice available on or through the Product, notifications or services or otherwise publicly announcing such discontinuation, termination, suspension or shut-down This EULA will terminate automatically if You fail to comply with any of the terms and conditions of
9. CHANGES TO THIS EULA OR TO THE PRODUCT
BUREAU reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on https://Bureau.id. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
BUREAU may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that BUREAU may stop to support previous versions of the Product upon availability of an updated version. BUREAU’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product.
For any questions concerning this EULA, you may contact BUREAU at the following address: email@example.com
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.