Terms of Service
The following terms of service constitute a binding legal agreement (the “Agreement”) between You and Pintel (hereinafter referred to as “Pintel” / “we”/ “us”), (which expression shall include its successors and assigns), setting forth the terms and conditions (“Terms”) under which the Pintel Messenger (the “Application”) and any related services (collectively “Services”) will be licensed to You by Pintel.
By accessing, downloading, installing the Application, and using the Services, You represent to Pintel that You are competent to enter into a contract (i.e. You a major according to applicable law, of sound mind and not disqualified from entering into a contract under the applicable law) and You have read this Agreement, understand it and agree to be bound by its Terms. Please review the Agreement carefully before accessing, downloading and installation.
1. The Application: Pintel Messenger Service
The Services are currently made available to You by Pintel free of any charge. The Application is a Peer to Peer messaging service that allows users to send messages and share photos over the internet. Pintel reserve the right to suspend or withdraw this Application, at any time, without notice. More information about the Application is available on Pintel’s website www.pintelapp.com (“Site”).
Pintel does not access your contacts or address book. Pintel does not collect your phone number or email id.
When You invite Your contacts and or send messages to Your contacts, the invite/message to Your contacts may appear as an SMS/message from Your name/Your mobile number. Please ensure that You do not spam any subscriber. In the event You spam any subscriber, You will be liable under applicable laws. Pintel hereby excludes, to the fullest extent permitted by law, any and all liability which may arise from your sending messages/invites to other subscribers, including but not limited to, any action or claim regarding spamming.
You agree to notify Pintel immediately of any breach of security or unauthorized use of Your mobile phone. Pintel shall not be liable for Your losses caused by any unauthorized use of Your account, You shall be liable for the losses of Pintel or others due to any such unauthorized use.
2. Application Stores
Subject to the Terms and compliance of the Terms hereof Pintel shall grant You a license to use the Services provided that (a) You shall use the Application solely for Your personal and lawful use only; (b) You will not, nor allow third parties on Your behalf (i) to resell or charge others for use of the Application (ii) to duplicate, disassemble, decompile, transfer, exchange or translate the Application, create derivative works of the Application of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the Application; and (c) You warrant to otherwise comply with the terms and conditions of this Agreement (the “License”).
For avoidance of any doubt this License is personal, nonexclusive, nontransferable, non-sub licensable, revocable and a limited license to download and use the Application on a mobile device that You own or control.
5. Code of Conduct
You represent and warrant that: (i) You have the authority and capacity to enter and bind Yourself to this Agreement; (ii) Your use of the Application or the site will be solely for purposes that are permitted by this Agreement; (iii) Your use of the Application or the site will comply with all applicable local, state, national or international laws (“Laws”) and will not violate any contractual obligations, and further that (v) You will not misuse the Application and/ or the site and acknowledge and understand that “misuse” includes, but is not limited to using the Application and/ or the site in any manner that (a) violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (b) unsolicited advertising and messages, promotional materials, junk mail, spam etc; (c) publishes falsehoods or misrepresentations that could damage Pintel or any third party; (d) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner; (e) harms minors in any way; (f) violates any law for the time being in force (g) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (h) amounts to unsolicited advertising and messages, promotional materials, junk mail, spam etc; (i) is fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (j) send or store material or files containing software viruses, worms, or other harmful computer code, files, scripts or programs; (k) attempt unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (l) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (m) interferes with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (n) probes for means of gaining unauthorized access to computers or networks, (o) restricts or inhibit any other person from using this Application and or Site; (p) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation; and (vi) You will not impersonate any person or entity, or falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity;
By using the App, you irrevocably waive the right to assert any claim with respect to any of the foregoing, and any other claim related to your use of the Application, against Pintel or any of its affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
(a) You shall be solely responsible for all contents that You upload, transmit, share or display through the Application or the Site, (collectively the “Contents”) including but not limited to any photos, profiles (including Your name and image), messages, information, text and third party links. Pintel does not guarantee as to the validity, accuracy or legal status or confidentiality with respect to any Contents and You shall be solely responsible and assume all risks for any consequences of uploading, posting, transfer or disclosure of the Contents. You hereby confirm and warrant that the Contents do not violate the representation and warranties provided in Clause 4 above. You further agree that Content you transmit over the Application will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to use or transmit the material and to grant Pintel all of the license rights granted herein.
You understand and agree that Pintel may review the Application and the Site and may delete or remove (without notice) any Content in its sole discretion, for any reason or no reason including any Content that in the sole judgment of Pintel violates the Terms of this Agreement. When You post Your Content vide the Application or related services, You grant, and You represent and warrant that You have the right to grant, to Pintel, a worldwide, non- exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, copy, reformat, translate, prepare derivative works, display, excerpts and distribute such Content for or in connection with the use of the Application or Site. Pintel does not assert any ownership over the Contents and subject to the rights granted to Pintel in this Agreement, You retain full ownership of all of Your Contents and proprietary rights associated with the Contents.
Upon termination of the Application (i.e. deletion of the Pintel account) from Your mobile device, Pintel shall delete all Your Contents from its database and servers within a maximum of 30 days, except to the extent required to be retained by applicable Law. Pintel reserves the right to send You periodic communications for the purpose of sharing new updates with You. For the avoidance of doubt, it is clarified that any part of Your Content (viz. Your messages, photos sent by you) stored by Your contacts/Friends for example locally on their device may remain after You delete your account till it is deleted by such contacts. Similarly any part of Your Content, which is publicly available to other users of Pintel who have you in their list of contacts (i.e. the content included in the image uploaded by You) stored by Your contacts may remain after You delete Your account till it is deleted by such contacts.
7. Modifications to the Application
Pintel reserves the right at any time and from time to time to interrupt, restrict (without cause and without notice to You), modify or discontinue, temporarily or permanently, the Site, Application (or any part thereof) with or without any notice. You agree that Pintel shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Application or the Site.
You acknowledge and agree that the Application, the Site and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and shall remain, the property of Pintel and its licensors, as applicable. All content related to Pintel corporate and business activities included on the Site and embedded in the Application, including any text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of Pintel or its licensors and is protected by applicable legislation concerning protection and preservation of intellectual property rights and applicable international treaties governing intellectual property. The compilation (meaning the collection, arrangement and assembly) of all content on the Site and Application is also the exclusive property of the Pintel and is protected by applicable laws as stated above. All software used on the Site and the Application is the property of Pintel or its software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Site and the Application is strictly prohibited except as otherwise permitted by law. All Pintel graphics, logos and service names are trademarks of the Pintel or its affiliates. Pintel’s trademarks may not be used in connection with any product or service that is not Pintel's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pintel. Pintel’s trademarks may not be used in connection with any product or service except as authorised by Pintel in writing. The logos and trademarks of third parties provided in the invite section belong to respective brands. Pintel has no connection whatsoever with Pinterest, WhatsApp, Viber, Hike, Facebook and Twitter, respectively.
9. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK AND DISCRETION.
THE APPLICATION IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. PINTEL, ON BEHALF OF ITSELF, AND ALL WIRELESS CARRIERS OVER WHOSE NETWORK THE APPLICATION IS DISTRIBUTED, AND EACH OF OUR RESPECTIVE AFFILIATES, AND SUPPLIERS (“DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APPLICATION. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM PINTEL ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE APPLICATION. YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY DISTRIBUTOR.
PINTEL MAKES NO WARRANTY AGAINST INTERFERENCE OF YOUR ENJOYMENT OF THE APPLICATION AND RELATED SERVICES; FOR LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE APPLICATION, USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION OR FOLLOWING A FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE APPLICATION AT ANY TIME; ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION OR RELATED SERVICES, THAT THE APPLICATION WILL BE FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE OR MEET YOUR REQUIREMENTS; REGARDING THE SECURITY, RELIABILITY OR TIMELINESS OF THE APPLICATION; THAT ANY ERRORS, BUGS OR FAILURES IN THE APPLICATION WILL BE CORRECTED. ACCORDINGLY, YOU EXPRESSLY AGREE THAT USE OF APPLICATION AND RELATED SERVICES IS PURELY VOLUNTARY ON YOUR PART, AT YOUR OWN RISK AND THEREFORE AGREE TO BEAR ANY AND ALL RISK WHATSOEVER AND/OR HOWSOEVER CAUSED. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OCCURRING ON YOUR DEVICE OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM THE DOWNLOAD AND USE OF THE APPLICATION. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PINTEL OR ANY PARTY OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THIS AGREEMENT.
WHILST PINTEL SHALL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE SECURITY AND INTEGRITY, PINTEL SHALL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/OR STORAGE OF INFORMATION TO OR THROUGH PINTEL THAT MIGHT OCCUR FROM TIME TO TIME; INTRUSION, DISTORTION, LOSS OR FORGERY OF DATA, ETC DUE TO ACT OF ANY THIRD PARTY, FAILURE OF ANY SOFTWARE AND/OR HARDWARE OR TELECOMMUNICATION SERVICE PROVIDER(S) USED BY US OR ANY OTHER ACT BEYOND OUR REASONABLE CONTROL.
YOU SHALL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, TO OR THROUGH THE APPLICATION.
10. Limitation of Liability
To the maximum extent permitted by applicable laws, under no circumstance shall Pintel, its directors, employees or agents be liable to You or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup Your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Application, or following a failure, suspension or withdrawal of all or part of the Application at any time, any third party content, software or functions used in connection with the Application even if Pintel or any or all of its agents have been advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless Pintel, its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) Your access to or use of the Application, Site and related services; (ii) any breach by You of Your obligations under this Agreement; (iii) Your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) Your negligence or willful misconduct. These obligations will survive termination of this Agreement.
12. Force Majeure
Pintel shall not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond Pintel's reasonable control.
13. Amendments to this Agreement
We may in our sole discretion amend this Agreement from time to time without any prior notice. This may include adding new or different terms to, or removing terms from, this Agreement. Such change shall be notified on the website www.pintelapp.com. Your use of the Application after such notice of any change shall be deemed to be an acceptance to the amended Agreement.
This Agreement commences on the date You accept the Terms of this Agreement. Pintel may terminate or suspend use of the Application or the Site at any time in its discretion, without notice to You. Upon any termination for any reason, Pintel shall have no liability to You and no further obligations under this Agreement.
Immediately upon termination, (a) the rights granted to You herein shall terminate; (b) You must cease all use of the Application and related services;
Additionally, Your rights under this Agreement will terminate automatically if You fail to comply with any term(s) of this Agreement including misuse of the Application or the Site.
All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.
15. Entire Agreement
If one or more provisions of this Agreement are held to be unenforceable under Applicable Law(s), the remainder of this Agreement shall be valid and enforceable.
This Agreement may be assigned by Pintel to its successors and assigns including if there is any re-organization of Pintel.
18. Governing Law
This Agreement shall be governed by the laws of India. You irrevocably consent to the exclusive jurisdiction of courts in New Delhi, India for all disputes arising out of or relating to this Agreement.
19. Grievance Officer
In the event you have any queries/complaints regarding usage of Application, please contact us at contact[at]pintelapp[dot][com]. The complaints shall be redressed in the manner provided under the (Indian) Information Technology Act, 2000 and rules framed thereunder.
The Application is intended for people who are competent to contract under applicable law. Individuals who are less than 18 years old are not permitted to use this application unless the complete Agreement is seen and agreed by parents or their legal guardians under applicable law. You confirm that You are at least 18 year old or otherwise competent to contract including with consent of Your parent/legal guardian as may be required under applicable law.
Pintel may obtain the following types of information from or concerning You or Your mobile device, which may include personal information that can be used to identify You as specified below:
User Provided Information: You provide certain Personally Identifiable Information, such as mobile device information to Pintel when choosing to participate in the use of the Pintel application, such as registering as a user, messaging other Pintel users, uploading images.
Pintel does not collect phone numbers, emails, addresses or other contact information from its users’ mobile address book. We do not collect location data, but at time users may voluntarily share their location with other users via the Pintel application.
If the recipient can be messaged via the Pintel application, the message is delivered to that recipient via data service routed through our servers. Any messages that are undelivered are held on the Pintel servers until they can be delivered or for a period of 30 days whichever is earlier. Files that are sent through the Service will temporarily reside on our servers for a short period of time till delivery of such file to the intended recipient.
Use of Information
We neither share nor sell without Your consent any of Your Information.
We may share Your Personally Identifiable Information and Contents to deliver the services desired by You to the extent it is necessary to maintain or further develop and enhance our Application and to ensure the functionality and security of our services and to prevent and investigate any fraud and other misuse.
We may share non-personally-identifiable information (such as anonymous user usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with third-parties to better understand usage patterns for certain content, services, advertisements, promotions, and/or functionality related to Pintel application.
We may disclose the Personally Identifiable Information and available user Contents as required pursuant to applicable laws, a directive or order of a government entity or statutory authority or any judicial or regulatory authority or to law enforcement agencies in any official investigation including but not limited to cyber incidents, prosecution and punishment of offences. You agree that Pintel has the right to monitor the Application electronically from time to time and to disclose information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Application properly for justified purposes that are relevant for the features and functionalities of the Application and related services opted by You, or to protect itself or its subscribers. We will cooperate with the appropriate law enforcement authorities in investigating claims of illegal activity.
Security of Personal Information
We have implemented commercially reasonable physical, managerial, operational and technical security measures to protect the loss, misuse and alteration and to preserve the security of the Personally Identifiable Information in our care. Our security practices and procedures limit access to personal information on need to know basis only.
Such measures may include, where appropriate, the use of firewalls, secure server facilities, implementing proper access rights management systems and processes, careful selection of processors, standard authentication and encryption policies for our servers and other technically and commercially reasonable measures.
However, Pintel cannot guarantee in any way with respect to any Personally Identifiable Information or Contents that You upload transmit, share or display through the Application or the Site and You do so at Your own risk.
Using unsecured or other unprotected networks to send messages and use of other features through the Pintel application is not recommended.
If Pintel learns of a security breach, then we may attempt to notify You electronically so that You can take appropriate protective steps.
Third Party Application Stores
The Application can also be downloaded from third party application stores including Google Play and iTunes Store etc. You agree to comply with all third party privacy policies, if any, applicable to the use of the Application or related services. Pintel shall not be responsible for Your use of any third party product and or service including the terms and conditions of such third party product and or service and or violation and infringement of any third party rights, policies, terms and conditions in connection with access, download or installation of the Application.
We will strive to address Your feedback and concerns in a timely and effective manner.