Initial Effective Date: 14-Sep-2018
Latest Revised Date: 15-May-2019

Welcome to Nopo mobile app / NoPo Gold mobile app of FunSwitch Technologies Private Limited (hereinafter referred to as “NoPo”, or “We”, or “Us” or “Our”).

The NoPo & NoPo Gold mobile applications (“Mobile Software”) are owned and managed by FunSwitch Technologies Private Limited, a private limited company, incorporated and existing under the laws of India and having its registered office at No. 13/17, 1st A cross, Raghavendra Badavane, Hosakerehalli, BSK III stage, Bangalore KA 560085 IN).

The terms of service are common for NoPo and NoPo Gold mobile apps. In the following terms, ‘NoPo’ or ‘NoPo app’ will also refer to NoPo Gold app.

This Agreement applies to all visitors, users, and others who access the Service (“User(s)” or “You/r”).This page explains the terms by which You may use Our Website, Mobile Software or (or “Platform“) or any online and/or mobile services, through the mobile software and software provided on or in connection with the services (collectively the “Service”). By accessing or using the Service, You signify that You have read, understood, and agree to be bound by this terms of use Agreement (“Nopo Terms Of Service” or “Agreement”) and to the collection and use of Your information as set forth in the Privacy Policy, and terms of any other policies of NoPo as may be applicable to You whether or not You are a registered user of Our Service. This Agreement, Privacy Policy and any other terms and conditions as may be applicable shall hereinafter collectively be referred to as “Terms and Conditions”. If You disagree with any parts contained in this Terms and Conditions please do not use the Service.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.

Use of Our Service

The NoPo App is a mobile app that provides tools and techniques to users who intend to reduce/quit their porn usage / masturbation. The NoPo App is primarily available for android mobile system.

Eligibility

You may use the Service only if You are a natural/legal person and can form a binding contract with NoPo, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.

Anyone under 13 is strictly prohibited from creating an account for the Service. NoPo reserves the right to refuse access to the Service or terminate Your account at its sole discretion. The Service is not available to any Users previously removed from the Service by NoPo.

NoPo Service

Subject to Terms and Conditions, You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for Your personal, non-commercial use only and as permitted by the features of the Service. NoPo reserves all rights not expressly granted herein in the Service and the NoPo Content (as defined below). NoPo may terminate this license at any time for any reason or no reason.

NoPo Accounts

You may be required to create an account with NoPo to avail certain Services with a user name and password (“Account”). Your Account gives You access to the Services and functionality that We may establish, modify and maintain from time to time and in our sole discretion. It is hereby clarified that creation of an Account is presently not mandatory and may be required in the future only for certain Services as notified by NoPo from time to time. NoPo may, at its sole discretion, make the creation of an Account mandatory for all Services.

When creating Your Account, if required, You must provide accurate and complete information. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).

You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account password secure. Whenever You need to set a password, 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 NoPo immediately of any breach of security or unauthorized use of Your Account. NoPo will not be liable for any losses caused by any unauthorized use of Your Account.

You may never use another User’s Account.

You may control Your user profile and how You interact with the Service by changing the Settings or My Profile in the Mobile Software. By providing NoPo Your phone number and/or email address You consent to our using the email address to send You Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use Your phone number and/or email address to send You other messages, such as changes to features of the Service and special offers. If You do not want to receive promotional messages, You may opt out by unsubscribing from such phone and/or email communications from NoPo. Opting out may prevent You from receiving messages regarding updates, improvements, or offers. For further information regarding the use of Your personal information by NoPp, please read Our Privacy Policy located here.

Service Rules

You agree not to engage in any of the following prohibited activities:

(i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;

(ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the NoPo servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;

(iii) transmitting spam, chain letters, or other unsolicited email;

(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;

(v) taking any action that imposes, or may impose at Our sole discretion an unreasonable or disproportionately large load on our infrastructure;

(vi) uploading invalid data, viruses, worms, or other software agents through the Service;

(vii) collecting or harvesting any personally identifiable information, including account names, from the Service;

(viii) using the Service for any commercial solicitation purposes;

(ix) impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity;

(x) interfering with the proper working of the Service;

(xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service;

(xii) 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

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to You or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend Your access to the Service without notice and liability for any reason, including if in Our sole determination You violate any provision of the Terms and Conditions, or for no reason. Upon termination for any reason or no reason, You continue to be bound by the Terms and Conditions. You are responsible for all the mobile data usage resulting from the use of Service. Consult Your mobile operator concerning your plan, data rate charges and limits. You are solely responsible for Your interactions with other NoPo Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. NoPo shall have no liability for Your interactions with other Users, or for any User’s action or inaction.

User Content

Some areas of the Service allow Users to post content such as chat content, profile information, videos, comments, questions, and other content or information [any such materials a User submits, posts, displays, or otherwise makes available on the Service (“User Content”)]. We claim no ownership rights over User Content created by You; the User Content You create remains Yours. However, by sharing User Content through the Service, You agree to allow others (in accordance with your settings and this Agreement) to view, edit, and/or share Your User Content. NoPo has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

You agree not to post or transmit User Content that:

(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal;

(ii) may create a risk of any other loss or damage to any person or property;

(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(iv) may constitute or contribute to a crime or tort;

(v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;

(vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);

(vii) contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships;

(viii) contains any information or content that You know is not correct and current;

(ix) violates any school or other applicable policy, including those related to cheating or ethics;

(x) interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity;

(xi) except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You may not copy or use personal identifying or business contact information about other Users without their express permission. You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. NoPo reserves the right, but is not obligated, to reject and/or remove any User Content that NoPo believes, in its sole discretion, violates these provisions.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, You affirm, represent and warrant the following:

      • You have the consent of each and every identifiable natural person in the User Content to use such person’s name or likeness, and each such person has released You from any liability that may arise in relation to such use of such User Content.
      • Your User Content and NoPo’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. NoPo takes no responsibility and assumes no liability for any User Content that You or any other User or third party posts or sends over the Service. You shall be solely responsible for Your User Content and the consequences of posting or publishing it, and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your User Content. You understand and agree that You may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose, and You agree that NoPo shall not be liable for any damages You allege to incur as a result of User Content.

User Content License Grant

By posting any User Content on the Service, for use in connection with the Service You expressly grant, and You represent and warrant that You have all rights necessary to grant, to NoPo a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and Your name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed subject to the Privacy Policy.

Use of User Content

NoPo conducts research on Our global platform. This research looks at how different activities on Mobile Software impact recovery from addiction. NoPo may use User Content and other data collected from the User in accordance with the Terms and Conditions for the purpose of this research. All data including User Content is anonymized (or anonymous) before use for research purposes. Research and outcomes are key to helping Users make real change and progress in their lives, and we are grateful at the support You provide towards this mission by sharing Your data.

Mobile Software

We make available Mobile Software to access the Service via a mobile device. To use the Mobile Software You must have a mobile device that is compatible with the Mobile Software. NoPo does not warrant that the Mobile Software will be compatible with Your mobile device. NoPO hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one NoPo Account owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that NoPo may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and NoPo or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. NoPo reserves all rights not expressly granted under this Agreement.

The Mobile Software originates in India, and is subject to Indian export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from India. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Indian and foreign laws related to use of the Mobile Software and the NoPo Service.

Our Proprietary Rights

Except for Your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “NoPo Content”), and all Intellectual Property Rights related thereto, are the exclusive property of NoPo and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any NoPo Content. Use of NoPo Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or We may invite You to submit comments or ideas about the Service, including without limitation about how to improve the Service or Our products (“Ideas”). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place NoPo under any fiduciary or other obligation, and that We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, NoPo does not waive any rights to use similar or related ideas previously known to NoPo, or developed by its employees, or obtained from sources other than You.

No Professional Advice

If the Service provides any information (e.g. medical or legal)including recommending tools and techniques (e.g. Meditation or activity or exercises), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area before any use.

Paid Features:

1. SUBSCRIPTIONS / PAID APP

(a) NoPo account holders may access three ways:

(i) Free Usage: Access to limited features of the app like ‘streak update’, ‘chatroom’ etc. NoPo reserves the right to change the features available under free usage without prior intimation to the users.

(ii)Premium Subscription: a subscription fee-based program, which gives access to all content including and beyond those available under free usage. You will only have access to the Subscription Program while your subscription is active and subsisting. All subscription services provide access through the Products. You can become a subscriber to the Subscription Program by purchasing a subscription to the Products from the app by the App marketplace partners like Google Play. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.

(iii) Paid app (NoPo Gold): A paid app which provides all the premium subscription features for a fixed period from the date of installation of the app, called ‘free access period’. Post the ‘free access period’, access to premium features ceases and the user will have to pay for a premium subscription to continue using the premium features. The duration of the free access period will be indicated on the listing page of the app on the app marketplace and also be indicated within the app. NoPo reserves the right to modify the duration of the free access period at any point in time.

(b) NoPo offers a monthly subscription option. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. 

(c) Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that NoPo is authorized to charge the same credit card as was used for the initial subscription fee or other payment method as set forth in section (f) (the “Payment Method”) in the amount of the current monthly subscription fee as of the time of renewal. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

(d) Subscription

NoPo offers certain special discount pricing options (the “Special Discount Pricing Options”). The Special Discount Pricing Options will permit users to access to the same content included in the Paid Subscription; such Special Discount Pricing Options shall only be available at certain dates. NoPo reserves the right to provide discounted prices during certain periods of time. NoPo may also cancel such discounted pricing options at it’s sole discretion without any prior notice.

(e) You agree to promptly notify NoPo of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

(f) In the course of your use of the Products, NoPo and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to NoPo and NoPo’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

(g) You will receive email from our marketplace partners (e.g. Google Play) that confirms your Order, along with other details of the order. Please quote the Order number in all subsequent correspondence with us. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through NoPo for commercial purposes.

2. CHANGING FEES AND CHARGES

We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.

3. CANCELLATION OF SERVICES

3.1 CANCELLATION BY YOU

(a) You may cancel a Monthly subscription at any time. 

(b) If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. The latest process for cancellation can be found here: Google Play

3.2 CANCELLATION BY US

We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products.

3.3 PROMOTION AND DISCOUNT CODES

Any promotion code or offer (including the Special Discount Pricing Options) provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the rate in effect at the time of renewal for the type of subscription purchased.

Privacy

We deeply care about the privacy of Our Users. You understand that by using the Services You agree to the collection, use and disclosure of Your information including personal and non-personal information as set forth in our Privacy Policy, and to have Your information collected, used, transferred to and processed by Us in accordance with Our Privacy Policy.

Security

We deeply care about the integrity and security of Your personal information and maintain security measures as required under applicable laws in India to ensure its unauthorized use. However, we cannot guarantee that unauthorized third parties will never be able to defeat Our security measures or use Your personal information for improper purposes. You acknowledge that You provide Your personal information at your own risk.

Third-Party Links

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by NoPo. NoPo does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If You access a third party website from the Service, You do so at Your own risk, and You understand that this Agreement and NoPo’s Privacy Policy do not apply to Your use of such sites. You expressly relieve NoPo from any and all liability arising from Your use of any third-party website, service, or content. Additionally, Your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between You and such advertisers. You agree that NoPo shall not be responsible for any loss or damage of any sort relating to Your dealings with such advertisers.

Monitoring of the Website, Mobile Software and User Content

We have the right and liberty to monitor the content on the Website and Mobile Software at all times which shall include information provided in Your Account or any User Content posted by You. The monitoring of the Website is important to determine the veracity of the information provided by You and that every User remains in consonance with the Terms and Conditions provided herein. Subject to the Agreement, We shall also have the liberty to remove any objectionable content, including User Content, which is in contravention of the Agreement or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India. It is hereby clarified that NoPo has a right to but not an obligation to monitor the content on the Website and the Mobile Software. Accordingly, NoPo shall not be liable for any claims, losses, damages costs or expenses that may arise as a consequence of the User Content published by You or any other User on the Website.

Indemnity

You agree to defend, indemnify and hold harmless NoPo and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Service, including any data or content transmitted or received by You; (ii) Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties above; (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of Your User Content or any that is submitted via Your account; or (vi) any other party’s access and use of the Service with Your unique username, password or other appropriate security code.

No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOPO OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, NOPO, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

NOPO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NOPO SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND  NOPO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOPO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL NOPO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOPO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL NOPO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE NOPO MOBILE APP.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NOPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from facilities in India. NoPo makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if You are a resident of a country embargoed, or are a foreign person or entity blocked or denied, as identified by embargo and sanctions lists maintained by the United Nations, USA, UK or India. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in India.

Governing Law and Arbitration

Governing Law.

You agree that: (i) the Service shall be deemed solely based in Bangalore, Karnataka, India; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over NoPo, either specific or general, in jurisdictions other than Bangalore, Karnataka. This Agreement shall be governed by the internal substantive laws of India, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the courts located in Bangalore, Karnataka for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of Our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with Our obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect your statutory rights.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by NoPo without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Notification Procedures and Changes to the Agreement.

NoPo may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on Our website, as determined by NoPo in Our sole discretion. NoPo reserves the right to determine the form and means of providing notifications to Our Users, provided that You may opt out of certain means of notification as described in this Agreement. NoPo is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. NoPo 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. Your continued use of the Service after any such change constitutes Your acceptance of the new Terms of Use. If You do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

Entire Agreement/Severability.

This Agreement and Terms and Conditions, together with any amendments, policies and any additional agreements You may enter into with NoPo in connection with the Service, shall constitute the entire agreement between You and NoPo concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Nopo’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Contact.

    1. If You have any questions, comments, or concerns about this Agreement or our other privacy policies or practices, please contact us at
    1. feedback@nopomail.com or by writing to:
FunSwitch Technologies Private Limited
Attn: NoPo Terms of Service
2nd Floor, TF, Tower D,
Diamond District,
Old Airport Road, Domlur,
Bangalore, 560008
Karnataka – INDIA
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