Terms of Service
A. APPROVAL OF TERMS
1.1 Your use of services offered by UDo (referred to as Services in this document) is subject to the terms of a legal agreement between you and UDo. By downloading, accessing and/or using this mobile application (the “Application”) owned by Mobitattva Creative Technologies Pvt Ltd. you declare that you have read, understand and agree to be bound by all of the terms and conditions as set forth in this Terms of Service. The name ‘UDo’ has been used interchangeably with ‘www.udo-now.com’. UDo may change the Terms of Service at any time and without notice, effective upon the posting of the revised Terms of Service.
B. PROVISION OF THE SERVICES BEING OFFERED BY UDo
2.1 As part of this continuing process, you acknowledge and agree that UDo may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at UDO’s sole discretion, without prior notice to you. You may stop using the Services at any time by uninstalling the Application.
2.2 By using UDo’s services you agree to the following disclaimer: The contents of the Application or any information provided by or through the application are for informational purposes only. UDo disclaims any liability for any information that may have become outdated at the time of provision of information or since the last time the particular piece of information was updated. UDo reserves the right to make changes and corrections to any part of the content of this website at any time without prior notice. UDo does not guarantee the prices or any other information so provided by UDo. All company names, logos or as the case may be are/may be registered trademarks/copyrights of respective owners. Unless stated otherwise, all pictures and information contained on this Application are believed to be in the public domain as either promotional materials, publicity photos, photoshoot rejects or press media stock. Please email at firstname.lastname@example.org or correspond to __________________________________in order to provide a Takedown Request if you are the copyright owner of any content on this Application and you think the use of the above material violates your copyright in any way.
2.3 You agree and acknowledge that your use of UDo may involve interaction with personnel employed or engaged by us for the purpose of providing responses to your queries.
2.4 We disclaim any liability and will not be responsible for a failure of effectiveness of advices given by the experts listed on our Application (“Experts”) to perform or otherwise comply with the information provided by UDo or the Experts.
2.5 We may be under no contractual or other obligation with Experts in relation to the provision of Services. We expressly disclaim any relationship of agency, employment or other arrangement with the Experts, and do not act for or on behalf of Experts. Under no circumstances are we liable for any deficiency of services provided by Experts or due to misrepresentation by the Experts, You expressly agree that your use of the Application does not result in a contractual relationship with Experts, and in the event that you use the Expert’s services, the terms of such arrangement will be determined by your agreement with the Experts, if any. You expressly agree that UDo does not have any liability regarding the correctness of responses received from the experts. Your discretion as a user is solely applicable under any circumstances.
2.6 UDo provides a platform for information in relation to brands, goods and services for informational purposes and for the purposes of enhancing choice and customer experience. While certain Experts may provide identical or similar services as a part of or additional to their offerings, you expressly agree and acknowledge that UDo is not providing any part of the service offerings on their behalf unless expressly stated otherwise, whether or not such offerings are similar to or overlap with the offerings of UDo.
C. USE OF SERVICE
3.1 In order to use this Application, you may register by using your “Facebook” or “Twitter” or “Google” account and information such as your email address, username, mobile phone number may be recorded by UDo as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to UDo will always be accurate, correct and up to date. If you register on our Application by using the Twitter, Facebook or Google connect function, you acknowledge and agree to abide by the relevant terms and conditions for each of these websites, or any other social network site that we may utilize in the future.
3.3 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
3.4 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
3.7 You agree to use the Application responsibly and not engage in harassment or abusive behaviour towards our personnel.
3.8 Your account may be disabled and Services may be terminated based upon the representations made by you. The following actions may result in termination of Services:
- Impersonating another person or entity with the effect of misleading users about the identity of the creator of content (including misleading account user names, voices and sounds used in broadcasts, and account profile information);
- Impersonating the Services, our team member;
- You provide or send any content which may be harmful or detrimental to UDo or its business associates, or which violates any restriction or policy established by UDo or its business associates;
- Submission of any content that falsely expresses or implies that such content is sponsored or endorsed by us; and
- Creating user accounts by automated means or under false or fraudulent pretences.
D. NO WARRANTIES
4.2 UDo makes no express or implied representations or warranties about its Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. We do not authorize anyone to make a warranty on our behalf and you may not rely on any statement of warranty as a warranty by us.
4.3 We make no express or implied representations or warranties about providing information within the estimated time period as may be shown on the use of the Application.
4.4 The company does not warrant that:
(i) its Application will be constantly available, or available at all;
(ii) that the information in this Application is complete, true, accurate;
(iii) your opt-out choices will be successfully executed in all cases; and/or
(iv) UDo does not warrant that the Application is free of defects or errors.
E. Fees, Payments & Refund Policy
5. Payment, Cancellation and Disputes.
5.1 If You register to use the UDo Platform, You agree to pay to UDo all the fees as posted on the android app or as agreed to from time to time. You will also pay or reimburse UDo for all service tax, swachhbarath cess, Krishi kalyan cess and other governmental charges including GST, TDS,which UDo is required to pay or collect in connection with the furnishing of the UDo Platform under these Terms.
5.2. UDo is typically a subscription-based app and hence free registrations may not avail the full benefits of its features. There are charges for the use of UDo for experts and users.
- Users will need to recharge their wallets in order to connect with experts who have an hourly charge for their call. Charges will be pro-rated to duration with a minimum 1-minute pulse.
- Expert Charge = INR 600 per hour
- Duration of call with user = 10 minutes
- Cost of call for User = A/60 X B = [600/60 X 10] = INR 100
In the above example, the user will get debited INR 100 from the wallet after the call. Users will need to ensure that adequate wallet balance is available for the call., else the app will automatically not connect the expert. UDo does not charge any fees from the user.
- Experts will be charged a transaction fee by UDo for every call which is 20% of the call revenue earned by the expert + 18% GST. This amount will be debited from the call revenue and credited to the expert PayTm account.
E.X of Transaction Fee
A. Hourly Rate = INR 600 (i.e INR 10 per minute)
B. Call Duration with user = 10 minutes
C. Total call revenue = (A X B ) = INR 10 X 10 minutes = INR 100
D. UDo Transaction Fee = INR 100 X 20% = INR 20 + INR 3.6 (GST- 18%) = INR 23.60
E. Earnings for the Expert in the Wallet = INR 100 – INR 23.6 = INR 76.40
- Experts can also opt for a monthly, quarterly or yearly subscription to the UDo app. The monthly subscription fees vary depending on various factors and can be discounted to allow certain packages for the experts. Monthly subscriptions may be applied at INR 99 to INR 999 each month depending on traffic / category / seasonal necessity etc., Once an expert subscribes for a minimum monthly package, they will get to receive any number of calls within the calendar month. The 20% transaction fee shall no longer be applicable for monthly subscribers. However, GST and taxes will be applicable on the subscription fee.
- Experts have an options to host online / mobile events like shows / talks / classes / sessions using the platform to multiple users in a single call conference. UDo will require the expert to decide the registration fee per user for such events. UDo will debit 20% of the call revenue for such events + GST and other taxes before paying out to the expert.
- Events are not covered under monthly subscription fee. Experts who are monthly subscribers, will need to pay 20% UDo Transaction Fee + GST and Taxes on the event revenue.
5.3 Your earnings as an expert will be paid via Paytm wallet only. We do not take any banking / financial credit card details from you at any time. Earnings through the calls will be consolidated on a weekly basis and paid out every Tuesday morning. While the day of pay-out may change due to various uncontrolled situation, weekly consolidation will remain constant. At no stage, will there be an option for daily transfer of pay outs.
5.4 There will be no refund for the payments made on paytm to talk to the experts. However, in case of abuse or misbehaviour during your interactions with the expert, consideration will be given to refundthe charges only after a thorough investigation, and after establishing that the party indeed has had an inappropriate experience. Typically, an investigation may take up to 15 days to take any decisions.
5.5 If a dispute arises between you and a subject matter expert engaged using the UDo Platform, over fees incurred, UDo will use commercially reasonable efforts to address your concerns and help resolve the dispute. Disputes may be reported to UDo using the following contact information: email@example.com, weekdays 9am-5pm IST.
5.6 Payment terms of all charges by UDo to You under these Terms are net thirty (30) days from date of charge. Any amount not paid when due will accrue a finance charge at the rate of 0.66 percent (0.66%) per month (8% per year), or the highest rate permitted by law, whichever is less, until fully paid.
5.7 UDo may change the amount associated with its payment service and/or other fees to be paid by You to UDo, at any time, in accordance with the pricing terms on its Website.
5.8 Unless otherwise stated, all rupee amounts referred to are in Indian Rupee currency, and all amounts owing from time to time under these Terms shall be payable in Indian Rupee Currency.
6. Credit Card / Financial Information
6.1 UDo does not ask for or store any Credit card or Financial information.
F. LIMITATIONS OF LIABILITY AND INDEMNIFICATION
7.1 The downloading and/or use of the Application is entirely at your own risk and in no event shall UDo be liable (whether under the law of contracts, torts or otherwise) for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other monetary or other damages, fees, fines, penalties or liabilities (collectively “damages”) whatsoever arising out of or relating to this Application. Your sole and exclusive remedy for dissatisfaction with the Application is to stop using the application. You agree to defend, indemnify and hold UDo, and its officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fees resulting from or alleged to result from your use of this Application.
7.2 We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of data/information of a property or a project. We shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or User or to any other person’s computer related to or resulting from participating or downloading materials/information from the Application.
G. UNENFORCEABLE PROVISIONS
H. RESTRICTIONS ON USE
9.1 You are strictly prohibited from, and agree that you will not, adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute this Application or the material on this Application (in any form or media) without UDo’s prior written consent. You agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on this Application.
I. INTELLECTUAL PROPERTY
10.1 All trademarks, brands and service marks used in conjunction with the Services offered by UDo and owned by UDo shall be the property of UDo; UDo shall own all of the copyrights and database rights in the Services. Without UDo’s consent, you may not publish, distribute, extract or reproduce any contents provided by the Services. For use of any third party’s intellectual property, you need to get permission directly from the owner of the intellectual property for any use.
10.2 As a user of our Application, you acknowledge that any intellectual property which is not specifically mentioned to be owned by UDo is owned by their respective owners and the owners have a right to take appropriate actions against you in for any violation, infringement and passing off.
10.3 Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of this Application.
10.4 UDo respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
11.1 The contents on the Application could include technical inaccuracies or typographical errors. Also, UDo may make changes or improvements to the Application at any time. The contents on the Application or any information are provided “as is” and “as available” and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. UDo disclaims all warranties of merchantability, non infringement and fitness for a particular purpose. UDo does not warrant that the functions contained in the contents will be uninterrupted or error-free, that defects will be corrected, or that the Application, or the servers that make them available, are free of viruses or other harmful components. UDo does not warrant or make any representations regarding the use of or the results of the use of the contents on the Application in terms of their correctness, accuracy, reliability, or otherwise. UDo makes no commitment to update the materials on the Application or www.udo-now.com. You (and not UDo) assume the entire cost of all necessary servicing, repair or correction. The above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties. Further, information contained on the Application is for informational purposes only and should not be relied upon for any purpose. UDoshall not be liable for any results obtained or not obtained as a consequence of the use of the information contained on the Application.
11.2 Any reference to UDo or the information contained on the Application for commercial purposes, including citation in any advertising, sales collateral or other marketing materials, is strictly prohibited.
K. GOVERNING LAW AND DISPUTE RESOLUTION
12.1 Except as otherwise described, all contents provided by the use of this Application are made available only to provide information about UDo and its Services. UDo controls and operates the Application and “www.udo-now.com” and makes no representation that the contents of the Application are appropriate or available for use in other locations. This Application may be controlled and operated outside of India and may be subject to the laws of the country in which they are controlled and operated. If you use the Application from a location other than the location where the Application is controlled and operated, you are responsible for compliance with applicable local laws.
13.2 Third-Party Providers We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, process payments, help us understand how people use our Services, and market our Services. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.
13.3 Safety and Security We verify accounts and activity, and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.
About Our Services We communicate
with you about our Services and features and let you know about our terms and
policies and other important updates. We may provide you marketing for our
1.2 We at UDo take the privacy of its users seriously. We are committed to safeguarding the privacy of our users while providing a personalised and valuable service.
1.3 No user information is rented or sold to any third party. When a user uses the Application, UDo may collect users’ mobile phone number, mailing address, email ID, Pin Code, other apps on users’ phones, login information for Facebook, Twitter and Google account and other personal information such as service Account Numbers. A high standard of security is maintained by UDo for its users; however the transmission of information via the internet is not completely secure. So, whilst we will do our best to protect user information, particularly with respect to protection of personal data, we cannot ensure the security of user data transmitted to us via the internet or any other medium
B. INFORMATION COLLECTED
2.1 We collect personal information from you at registration and other times (for instance, when you download the Application) such as [your name, your picture, email address, postal address, mobile phone number, a list of all apps on your phone].
2.2 You are under no obligation to provide us with such information. However, if you choose to withhold requested information, you may not be able to use the Application and we may not be able to respond effectively to your query or provide you with certain services.
C. DISCLOSURE OF PERSONAL INFORMATION
3.1 We do not disclose your information to any third parties other than UDo’s affiliates.
3.2 We may also use information in aggregate form:
(i) to build up marketing profiles;
(ii) to aid strategic development ;
(iii) to manage our relationship with advertisers and partners; and
(iv) to audit usage of the Application.
3.3 We may disclose to third party partners certain personally
identifiable information listed below:
(i) information you provide us such as name, email, mobile phone number.
(ii) information we collect as you access and use our service, including device information, location and network carrier.
(iii) This information is shared with third party partners so that we can:
(a) personalize the app for you.
(b) perform behavioral analytics
3.4 UDo reserves the right to disclose personal information if required to do so by law or if we believe that it is necessary to do so to protect and defend the rights, property or personal safety of UDO, the Application, or its users.
D. Call and Video Call Privacy Statement
- No calls or conversations are recorded or surveyed whatsoever and UDo is not liable for any sort of misconduct. However, users have the option to report abuse and the administrative team will take remedial action of either pulling down any abusive content or blocking a member from further interactions.
- In any case of call disconnection or drops due to technology or bandwidth related issues from the user end, , no money will be debited or credited.
- Experts are self-claimed and user discretion is necessary.
- We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, phone numbers, email addresses and supporting identification documents. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
- By using the UDo platform, you agree to use the UDo Platform for any purposes other than to add User Content, and/or to access the UDo Platform as such services are offered by UDo.
- If You register to use the UDo Platform, you agree to pay to UDo all the fees as posted on the Website or as agreed to from time to time.
- You agree not to post, upload, or distribute any defamatory, libellous, or inaccurate User Content.
- Not using someone else’s name, an obscene name, a name that violates any third party right, or impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the UDo Platform accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the UDo Platform, or perform any other similar fraudulent activity.
E. Limitation of Liabilities UDo commits to provide a technology platform that supports its users subjected to agreed levels of SLA with third party technology partners and will endeavour to ensuring a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
Other than as expressly set out in these terms or additional terms, neither UDo nor its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide a platform for the users and the service providers to connect, and the the Services so sought, agreed or executed will be a sole discretion of the user and the service provider.
F. Event Privacy Statement
- Event is a live broadcast for experts and users alike, anybody joining the event are solely responsible for their actions and comments and UDo-Now is not responsible.
- Joining an event is possible only after accepting the terms and conditions.
- Events typically are charged calls unless promotionally being offered free of charge by the expert.
- The registration fee for the event is debited from the wallet at the time of signing up for the event and will not be refundable.
- For experts creating an event, the event charges minus UDo fee and taxes will be is credited into the wallet only after the event is finished.
- No amount will be credited if the event ends within few seconds and a full refund will be given to users joining.
Notice. UDo may provide You with notices, including those regarding changes to UDo’s terms and conditions, by email, regular mail, or postings on the UDo Platform.
Liability for our Services
When permitted by law, UDo-Now, and UDo’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of UDo, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).
In all cases, UDo-Now, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, and these decisions will be wholly owned by the organization and will not involve consent of the users Users however, will be notified of any changes to the features through push notifications, sms or emails.
Users reserve the right to stop using our Services at any time, although we’ll be sorry to see you go. UDo may also stop providing Services to you, or add or create new limits to our Services at any time .
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify UDo and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between UDo and you. They do not create any third-party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
F. YOUR ACCEPTANCE OF THIS POLICY
6.2 Whilst we use all reasonable endeavours to protect your security in the manner described above, we consider that it is only appropriate to advise users that data transmission over the internet, the world wide web or any other type of network cannot always be guaranteed as 100% secure and therefore that you use the Application at your own risk.
G. YOUR RIGHTS
7.1 You have a legal right to a copy of any personal information about you held by us. You also have a right to correct any errors in that information. As mentioned above, you have a right to request that we cease to use your personal information for direct marketing purposes.
If you have questions or concerns, feel free to email us or to correspond at firstname.lastname@example.org and we will attempt to address your issue
H. Social Sharing
We do not track any user data via our plugins. But if our plugin depends on any third party service, they might track user data. This can happen in following two ways:
1. Embedded Widgets
2. Third-party APIs/Connections
Where is the data collected by your plugins stored?
We do not store any data fetched by our plugins on our servers, neither we share that data with any third party. Our plugins run absolutely on your website and store the data in the database of your website.
Do your plugins load any external scripts?
As mentioned before, our plugins run absolutely from the website and hence load the scripts too from your website with exception of third-party embedded widgets (like Facebook Like/Recommend official button, Twitter tweet official button, Facebook Comments) which require our plugin to load scripts from the servers of relevant service.