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TERMS & CONDITIONS

Terms and Condition of Use

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Aekam mobile application (the "Service") operated by Simfler Inc. ("us", "we", or "our").
Your access and use of the service is subject to the following terms and conditions (the "Terms and Conditions" or "Agreement") and all applicable laws. By accessing or using any part of the Service, you accept, without limitation or qualification, these terms and conditions.

Overview

Aekam is a mobile and web-based technology platform. Aekam also provides content and other product recommendations to you.

Basic Terms

You may use the Service only if you can form a binding contract with Aekam and are not a person barred from receiving services under the laws of the India or other applicable jurisdiction. If you are accepting these Terms and Conditions on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Service only in compliance with these Terms and Conditions and all applicable local, state, national, and international laws, rules and regulations. The Service is not intended for children under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE. By using the Service, you represent and warrant that you are at least 18 years of age.

Aekam Service

Subject to the terms of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Aekam reserves all rights not expressly granted herein in the Service and the Aekam Content (as defined below). Aekam may terminate this license at any time for any reason or no reason. Your Aekam account gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion.

Privacy

We care about your privacy. Any information that you provide to Aekam is subject to our Privacy Policy, a copy of which is available at https://aekam.org/privacy, which governs our collection and use of your information and user information. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information within the India and/or to other countries for storage, processing and use by Aekam (as set forth in the Privacy Policy). As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your User account, which you may not be able to opt-out from receiving.

Passwords

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password within your reasonable control. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Aekam immediately of any breach of security or unauthorized use of your account. Aekam will not be liable for any losses caused by any unauthorized use of your account.

Use of the Service

This Service is provided for your personal and non-commercial use and for informational purposes regarding our services only. Any other use of the Service requires the prior written consent of Aekam.
You agree not to engage in any of the following prohibited activities:
(i) Using any scraper, spider, robot or other automated means of any kind to access the Service, deep-link to any feature or content on the Service, crawl the Service in any manner, or bypass any other measures we may use to prevent or restrict access to the Service.
(ii) Overloading, flooding, spamming, mail-bombing the Service, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Service.
(iii) Undertaking, causing, permitting or authorizing the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by law, or otherwise attempt to use or access any portion of the Service other than as intended by Aekam.
(iv) Reproducing, distributing, displaying, performing, selling, trading, reselling or exploiting any portion of the Service, use of the Service, access to the Service or content obtained through the Service for any purpose.
(v) Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service
(vi) Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure.
(vii) Uploading, sending, posting, transmitting or otherwise making available any invalid data, viruses, worms, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
(viii) Uploading or otherwise transmitting to or through the Service any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit or, hateful or otherwise objectionable material of any kind.
(ix) Collecting or harvesting any personal information, including account names, from the Service.
(x) Deleting the copyright and other proprietary rights notices.
xi) Uploading, posting or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise).
(xii) Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
(xiii) Using any trademarks, service marks, design marks, logos, photographs or other content belonging to Aekam or obtained from the Service
(xvi) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

Modifications

We reserve the right at any time and at our sole discretion to modify or discontinue, temporarily or permanently, the Service or any part thereof (including Software), with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. In connection with any modification of the Service, Aekam may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service, and you agree to permit Aekam to deliver these to you (and you to receive them) as part of your use of the Service.

Termination

You may discontinue your use of the Service at any time, for any or no reason and with or without notice. Aekam may also terminate the Service, or your access to or use of the Service or your account, with or without notice. Reasons for Aekam terminating your account or the Service include, without limitation:(a) breach or violation of these Terms of Service, (b) your request or self-effecting account deletion,(c) an extended period of inactivity (determined in Aekam sole discretion), (d) your non-payment of any fees or other sums due Aekam or any other party related to your use of the Service, (e) requests by law enforcement or other government agencies, (f) the discontinuance or material modification to the Service (or any part thereof), or (g) unexpected technical or security issues or problems. In the event of any termination, we will close your account and you will no longer be able to retrieve Content contained in that account or otherwise use the Service.

Third-Party Links

This Service may contain links to other web sites and apps not maintained by Tinybeans. Other web sites and apps may also reference or link to our Service. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every site and app that you visit. We are not responsible for the practices or the content of such other services.

User Content and Your License to Aekam

You retain your rights to any content or information you submit, post, or display on or through the Service ("User Content") and Aekam does not claim ownership of any of your User Content. Instead, for good and valuable consideration, including the right to use the Service, the receipt and sufficiency of which is hereby acknowledged, you hereby grant to Aekam, and their respective parents, subsidiaries and affiliate companies, successors, assigns, designees, agents and employees the non-exclusive, fully paid, sub-licensable, assignable, royalty-free right and license to use your User Content, in any and all media now known or hereafter developed, throughout the world, subject to our Privacy Policy, available here https://aekam.org/privacy-policy. You can choose who can view your User Content and activities, including your albums, as described in the Privacy Policy. This license for such limited purposes continues even after you stop using the Service, with respect to aggregate and de-identified data derived from User Content and any residual backup copies of User Content made in the ordinary course of business. This license also extends to any trusted third parties that Aekam works with to the extent necessary to provide the Service to you.
Aekam expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Service. Aekam reserves the right to investigate and take appropriate legal action against anyone who, in Aekam's sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:

Is defamatory, abusive, obscene, profane or offensive.
Infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service).
Violates any party’s right of publicity or right of privacy.
Is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
Promotes or encourages violence.
Is illegal or promotes any illegal activities.
Promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures.
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Limitation Of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AEKAM, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF AEKAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)RESULTING FROM

(i) THE USE OR THE INABILITY TO USE THE SERVICE

(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE

(iii) UNAUTHORISED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA

(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE

(v) AEKAM'S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM

(vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION

(vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICE

(viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE

(ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICE.

Closing Your Account

To cancel your account, send an email to contact@aekam.org and provide your name, the email address associated with your account, and a phone number where you can be reached.

Entire Agreement and Changes

This Agreement and our Privacy Policy are the entire and exclusive agreement between Aekam and you regarding the Service and these Terms and Conditions supersede and replace any prior agreements between Aekam and you regarding the Service.
These Terms and Conditions may be changed at any time without prior notice. Aekam will make such changes by posting them on the Aekam App or web site or both or by other reasonable means in our sole discretion. Your continued use of the Service after such changes conclusively demonstrates your acceptance of those changes. Aekam may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified' date at the bottom of this page. If you do not agree to any of these Terms and Conditions or any future Terms and Conditions, do not use or access (or continue to access) the Service.This Agreement and our Privacy Policy are the entire and exclusive agreement between Aekam and you regarding the Service and these Terms and Conditions supersede and replace any prior agreements between Aekam and you regarding the Service.
These Terms and Conditions may be changed at any time without prior notice. Aekam will make such changes by posting them on the Aekam App or web site or both or by other reasonable means in our sole discretion. Your continued use of the Service after such changes conclusively demonstrates your acceptance of those changes. Aekam may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified' date at the bottom of this page. If you do not agree to any of these Terms and Conditions or any future Terms and Conditions, do not use or access (or continue to access) the Service.

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