Terms of Use

1. About these terms

These Terms of Use (“Terms”) are an agreement between you and [LEGAL ENTITY NAME] (“OIOA”, “we”, “us”), [REGISTERED ADDRESS, CITY, STATE, PIN], for your use of the OIOA app on Android and iOS and the website oneindiaoneapp.com (together, the “Services”).

These Terms are an electronic record under the Information Technology Act, 2000 and the rules made under it, and are published in accordance with rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. They don’t require a physical or digital signature.

By downloading, accessing or using the Services, you agree to these Terms, our Privacy Policy and our Disclaimer. If you don’t agree, please don’t use the Services.

2. Eligibility

You may use the Services if:

• you are 18 or older and able to enter into a binding contract under Indian law; or
• you are under 18 and a parent or lawful guardian has given verifiable consent and agrees to these Terms on your behalf, as the Privacy Policy describes.

You must not use the Services if you’ve previously been suspended or removed from them, or if the law prohibits you from doing so.

3. Your account

Calendars, timings and tools work without an account. Shared features (Family, Family Tree, Groups and shared contacts) require an OIOA-ID, created with your name and a recovery email. You agree to give accurate information, keep your sign-in secure, and tell us promptly about any unauthorised use. You’re responsible for activity on your account unless it results from our failure to take reasonable security measures.

4. Licence to use OIOA

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, and to use the Website, for your personal, non-commercial purposes, in line with these Terms and the rules of the app store you downloaded the App from.

You may not:

• copy, modify, distribute, sell, rent or sub-license the Services or any part of them;
• reverse-engineer, decompile or attempt to extract source code, except as the law expressly allows;
• remove or alter any proprietary notices;
• use automated means (bots, scrapers) to access the Services or extract data, except for search engines indexing the public Website in line with our robots.txt;
• use the Services to build a competing product.

5. Acceptable use

You agree not to host, display, upload, modify, publish, transmit, store, update or share any information through the Services that:

1. belongs to another person and to which you have no right;
2. is obscene, pornographic, paedophilic, invasive of another’s privacy (including bodily privacy), insulting or harassing on the basis of gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or an online game that is not permitted under Indian law;
3. is harmful to children;
4. infringes any patent, trademark, copyright or other proprietary right;
5. deceives or misleads about the origin of a message, or knowingly communicates misinformation or information that is patently false or misleading;
6. impersonates another person;
7. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to any cognisable offence, or prevents investigation of any offence, or insults another nation;
8. contains software viruses or any other code designed to interrupt, destroy or limit the functionality of any computer resource; or
9. violates any law in force.

In keeping with OIOA’s purpose, you also agree not to use the Services to disparage, ridicule or incite hatred against any religion, caste, creed, community, gender, language, region or colour, or to harass any person.

6. Your content

“Your content” means anything you add to the Services, such as Family Tree entries, shared contacts, Family and Group events and updates, cards you personalise and feedback you send.

• You own your content. You’re responsible for it and for having the right to share it.
• Other people’s details. When you add someone else’s details, such as a relative in a Family Tree or a phone number to a shared contact list, you confirm that you have their agreement, or that they would reasonably expect the people you share with to have them. For anyone under 18, you need a parent’s or guardian’s consent.
• You give us a limited licence to host, store, process, display and transmit your content only as needed to provide the Services to you and the people you choose to share with, and to keep them secure. This licence ends when you delete the content or your account, except where others have already received it or the law requires us to keep it.
• Feedback and requests. If you send suggestions, corrections or community requests, we may use them to improve the Services without obligation to you. We won’t publish your name with them unless you agree.

7. Intellectual property

The Services, including the App, the Website, their design, text, graphics, diagrams, logos and software, are owned by or licensed to OIOA and protected by Indian and international intellectual property laws. Except for the licence in section 4, no rights are granted to you.

Traditional calendar data, astronomical facts and religious names and terms are not claimed by us as proprietary.

8. Advertising

The App may display advertisements, including through Google AdMob. Advertisers are responsible for their ads. An ad’s appearance in the App is not an endorsement by OIOA. Some card background collections can be unlocked by choosing to watch a rewarded video ad. Watching is optional, an unlock applies to that whole collection permanently, and free designs always remain available. How advertising uses data is explained in the Privacy Policy.

9. Third-party services

The Services rely on and may link to third-party services, including Google Firebase, Google Play, the Apple App Store and your device’s operating system. Your use of those services is governed by their own terms and privacy policies. We aren’t responsible for third-party services we don’t control.

10. Calendar, timing and prediction content

All calendar, panchang, muhurat, prayer-time, Qibla, holiday, GST, prediction and match-making content is provided for information and guidance, according to traditional, astronomical and mathematical methods, and is subject to the Disclaimer, which forms part of these Terms.

11. Changes to the Services

We may add, change or remove features, communities, methods or languages, and may suspend the Services temporarily for maintenance or for reasons beyond our control. We’ll try to give notice of significant changes.

12. Suspension and termination

You may stop using the Services and delete your account at any time.

We may suspend or terminate your access, remove content, or disable an account, with notice where practicable, if:

• you breach these Terms or the law;
• we’re required to by law or by an order of a court or competent authority; or
• your use creates risk or legal exposure for us or other users.

Under the IT Rules, we may remove or disable access to content that violates section 5, and may retain related information as the law requires. Where we take action on content you posted, we’ll tell you the reason where practicable and give you an opportunity to dispute it through the grievance redressal process.

Sections 6 (licence for content already shared), 7, 10, 13, 14, 15 and 16 survive termination.

13. Disclaimer of warranties

The Services are provided “as is” and “as available”, without warranties of any kind, express or implied, to the fullest extent permitted by law, including warranties of accuracy, fitness for a particular purpose and non-infringement. We don’t warrant that the Services will be uninterrupted, error-free or free of harmful components.

14. Limitation of liability

To the fullest extent permitted by law:

• we are not liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profits, data, goodwill or opportunity, arising from your use of or inability to use the Services, or from reliance on any calendar, timing, prediction, holiday, GST or other content; and
• our total liability for any claim relating to the Services is limited to ₹[1,000] or the amount you paid us for the Services in the twelve months before the claim, whichever is greater.

Nothing in these Terms limits liability that cannot be limited under Indian law, including under the Consumer Protection Act, 2019, where it applies.

15. Indemnity

You agree to indemnify and hold harmless OIOA, its directors, employees and agents from claims, losses and expenses (including reasonable legal fees) arising from your breach of these Terms, your content, or your violation of any law or third-party right.

16. Governing law, jurisdiction and dispute resolution

• Governing law. These Terms are governed by the laws of India.
• Amicable resolution first. If a dispute arises, please contact us first through the grievance redressal process; most issues can be resolved there.
• Arbitration. A dispute not resolved within 30 days may be referred by either party to arbitration by a sole arbitrator appointed by mutual agreement, under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration will be Mumbai, and proceedings will be in English. [Lawyer to confirm whether arbitration is appropriate for consumer users.]
• Jurisdiction. Subject to the arbitration clause, the courts at Mumbai, Maharashtra have exclusive jurisdiction.
• Your statutory rights. Nothing here removes your right to approach a consumer commission or the Data Protection Board of India, or any other forum the law gives you.

17. Changes to these Terms

We may amend these Terms from time to time. We’ll publish the updated Terms here with a new version number and date, and, for material changes, notify you in the App at least [15] days before they take effect where practicable. If you continue to use the Services after the changes take effect, you accept the updated Terms. If you don’t agree, please stop using the Services and delete your account.

18. General

• Entire agreement. These Terms, with the Privacy Policy and Disclaimer, are the entire agreement between you and us about the Services.
• Severability. If any provision is found unenforceable, the rest remains in effect.
• No waiver. Not enforcing a right isn’t a waiver of it.
• Assignment. You may not transfer your rights under these Terms. We may transfer ours as part of a reorganisation or sale, with notice to you.
• Force majeure. We aren’t liable for failures caused by events beyond our reasonable control.
• Notices. We may send notices in the App, by email or by publishing them on the Website. You can send notices to [contact@oneindiaoneapp.com].
• Language. These Terms are written in English. If we publish translations, the English version prevails in case of conflict.

19. Contact

[LEGAL ENTITY NAME], [REGISTERED ADDRESS, CITY, STATE, PIN]. Email: [contact@oneindiaoneapp.com]. Grievance Officer: [grievance@oneindiaoneapp.com].