Terms of Service
This document is an electronic record in terms of the Indian Contract Act, 1872, Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. Your Acceptance
You represent to Vokal that You are competent to enter into a contract (i.e. You are a major according to the 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.
2. Vokal Service and Access
The Services are currently made available to You by Vokal, free of any charge. Subject to the terms and conditions of this Agreement, Vokal is providing a platform to You to create, upload, share, edit, add special effects, like, comment on and discover audio content on the Application for other users of the Service to hear it (“Content”) and to have other users of the Service as Your followers. The Application also has a Peer-to-Peer (P2P) messaging feature that allows users of the Service to send audio messages over the internet. The definition of Content includes the content sent to users using the Peer-to Peer messaging feature. Vokal reserves the right to suspend or withdraw this Application, at any time, without notice.
In order to access and use the features of the Service, You acknowledge and agree that You will have to provide us with Your mobile phone number, name, e-mail and any such information required for accessing the Service. You expressly acknowledge and agree that in order to provide the Service, we may periodically access Your contact list and/or address book on Your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing Your mobile phone number and other details, You must provide accurate and complete information. You hereby give Your express consent to us for accessing Your contact list and/or address book for mobile phone numbers in order to provide and use the Service. To ensure a better user experience, the Application may also at times, access names stored in Your address book to ensure any incoming messages and push notifications via the SMS feature have a name associated with them for a superior user experience. You must notify Vokal immediately of any breach of security or unauthorized use of Your mobile phone. Although we shall not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of Vokal or others due to such unauthorized use.
You agree not to use or launch any automated system, that accesses the Service in a manner that sends more request messages to the Vokal servers in a given period of time than a human can reasonably produce in the same period by using the Application and You are forbidden from ripping the content unless specifically allowed. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
By using the Services, You have given us permission to contact You via SMS and/or other communication mediums. In the event, You delete Your account, You will no longer receive any communication which is initiated/triggered by the Application.
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/the mobile number You have registered with or as saved in the recipient’s mobile address book. Please ensure that You do not spam any subscriber of the Service. In the event, You spam any subscriber, You will be liable under applicable laws. We hereby exclude, 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 us immediately of any breach of security or unauthorized use of Your mobile phone. We shall not be liable for Your losses caused by any unauthorized use of Your account, You shall be liable for the losses of Vokal or others due to any such unauthorized use.
These Terms apply to all users of the Vokal Service. Information provided by our users through the Vokal Service may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Service, You expressly acknowledge and agree that we shall not be responsible for any damages, claims or other liability arising from or related to Your use of any third-party website.
3. Application Stores
Subject to Your compliance with these Terms, we hereby grant You permission and license to use the Service, provided that: (i) Your use of the Vokal Service as permitted is solely for Your personal use, and You are not permitted to resell or charge others for use of or access to the Service or any Content available through the Service, or in any other manner inconsistent with these Terms; (ii) You will not duplicate, decompile, exchange, translate the Application or transfer, give access to, copy or distribute any part of the Service in any medium without our prior written authorization; (iii) You will not attempt to create derivative works of the Application of any kind whatsoever or reverse engineer, alter or modify any part of the Service; and (iv) You warrant that You will otherwise comply with the terms and conditions of these Terms and any other policies as listed and provided on the Application including the Vokal Website.
For avoidance of any doubt this License is personal, nonexclusive, non-transferable, non-sub licensable, revocable and a limited license to download and use the Application on a mobile device that You own or control.
5. Intellectual Property Rights
The design of the Vokal Service along with Vokal created scripts, graphics, and interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Vokal, subject to copyright and other intellectual property rights under India and foreign laws and international conventions. The Service is provided to You “AS IS” for Your information and personal use only. We reserve all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of information of third parties obtained through the Service for any commercial purposes.
All Vokal graphics, logos and service names are trademarks of the Bombinate or its affiliates. Vokal’s trademarks may not be used in connection with any product or service that is not Vokal's, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Vokal. Vokal’s trademarks may not be used in connection with any product or service except as authorised by us in writing. The logos and trademarks of third parties provided in the invite section belong to respective brands. We have no connection whatsoever with any other similar or deceptively similar service provider.
(a) You shall be solely responsible for the Content that You create, upload, share, edit, add special effects to, discover, like, comment or transmit through the Vokal Service, including but not limited to the audio or voice messages sent through the usage of the Application or uploaded/shared on the Application. Vokal does not guarantee as to the validity, accuracy or legal status or confidentiality with respect to any Content and You shall be solely responsible and assume all risks for any consequences of uploading, transferring or disclosure of the Content. You 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 us all of the license rights granted herein. You understand and agree that we are under no obligation to pre-screen or monitor the Content. However, we may review the Content transmitted or posted on the Application from time to time and may delete or remove (without notice) any Content in our sole discretion, for any reason or no reason including any Content that in the sole judgment of ours 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 Bombinate, 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 Service. We do not assert any ownership over the Content and subject to the rights granted to us in this Agreement, You retain full ownership of all of Your Content and proprietary rights associated with the Content.
Upon termination of the Application (i.e. deletion of the Vokal account) from Your mobile device, Vokal shall delete all Your Content from its database and servers within a maximum of 30 days, except to the extent required to be retained by applicable Law. We reserve 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 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 the Application who have You in their list of contacts/followers (i.e. the content included in the messages sent by You/posted by you on the Application) stored, downloaded, edited, copied, shared by Your contacts may remain after You delete Your account till it is deleted by such contacts.
You also agree and acknowledge to receive e-mails (including daily/weekly/fortnightly, any such informational content, etc.) or any other communication from Vokal. Vokal shall intimate you of any new feature, usage, offers, any other information relating to the Application via these e-mails or communication (through any such channel). If you wish to not receive these e-mails or communication from Vokal and you can unsubscribe the same by intimating/informing us by sending an e-mail at email@example.com. Upon receiving your request, you will not receive any e-mails or any other communication relating to the aforesaid from Vokal.
8. 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 Service will be solely for purposes that are permitted by this Agreement; (iii) You will provide accurate information about Your mobile phone number and any other number on Your address list required for use of the Application, (iv) Your use of the Application 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 acknowledge and understand that “misuse” includes, but is not limited to using the Application 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 Vokal 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 the Service; (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 such that it becomes offensive for some user.
9. Mark as Spam/Report Abuse
You warrant, represent and agree that the Service shall not be used to, including but not limited to, stalk, harass, abuse, spam, intimidate, threaten, offend any person or entity, share any confidential information, hamper the use of any other website or services or for any of the activities included in the definition of misuse in Clause 8 of this Agreement.
If You find that any Content posted or communicated through the Service is such, the same can be reported to Vokal by selecting the “Report Abuse/Mark as Spam” option available and Vokal has full authority to block/take down such Content. Once such content is reported, it shall not be available to the other users or the specific user who has complained against it. Vokal has the sole discretion/authority to assess the suitability of the content for the Services and shall not tolerate such misuse of the Services.
On receiving a written complaint with regard to any Content (marking as spam or reporting as abuse in such a case shall not suffice) posted or transmitted through the Services by any user actually harmed or affected by it, Vokal ensures to take down such content within a period of 36 (thirty-six) hours of receiving the complaint in accordance with the Information Technology (Intermediary Guidelines) Rules, 2011. Vokal shall also retain all information and associated records with such Content for a period of 90 (ninety) days.
Vokal reserves the rights to take appropriate legal actions and report the matter to law enforcement agencies such as Cyber Crime Division, Computer Emergency Response Team, Economic Offenses Wing, Financial Intelligence Unit and any other appropriate regulatory body.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VOKAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. WE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND 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 AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DONOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VOKALSERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
WHILST WE SHALL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE SECURITY AND INTEGRITY, WE SHALL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/OR STORAGE OF INFORMATION TO OR THROUGH VOKAL 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 OR POSTED BY YOU, TO OR THROUGH THE APPLICATION.
11. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Bombinate from its facilities in India. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use our Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Bombinate, its parent corporation, officers, directors, employees and agents, 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; (ii) Your violation of any term of these Terms of Service; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of Your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and Your use of the Service.
This Agreement commences on the date You accept the Terms of this Agreement. We may terminate or suspend use of the Application at any time in its discretion, without notice to You. Upon any termination for any reason, we 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 Terms of this Agreement including misuse of the Services.
All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.
14. Force Majeure
We 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 our reasonable control.
15. Ability to Accept Terms of Service
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, You affirm that You are at least 18 years old as the Service is not intended for children under 18. If You are under 18 years of age, You are not permitted to use the Service. You further represent and warrant that You are not listed on any government list of prohibited or restricted parties. In the event of a minor using or registering with the Service, the responsibility or liability for the minor’s action shall be on his or her parent or guardian.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction.
16. Entire Agreement
In the event, You have any queries/complaints regarding usage of Application, please reach out to us at firstname.lastname@example.org. 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.
Information collected by Vokal
We may obtain the following types of information from or concerning You or Your mobile phone device, which may include information that can be used to identify You as specified below (“Personally Identifying Information”):
User Provided Information: You provide certain Personally Identifiable Information, such as Your Name, personal photos, e-mail, Your location, Your phone contact list, mobile phone number, push notification name (if applicable), and mobile device information to us when choosing to participate in various uses of the Service, at the time of registering as a user. In order to provide the Service, we will periodically access Your address book or contact list on Your mobile phone to locate the mobile phone numbers of other users in Your contact list using our Service or otherwise sort out other mobile phone numbers, which are not users of our Service.
Log File Information: When You use the Service, our servers automatically record certain information that Your usage of the Service may send. These server logs may include information such as Your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of Your request, one or more cookies that may uniquely identify Your browser, Your phone number, phone number You are requesting the status of and various status information. When You use the Service, our servers log certain general information that our application sends whenever a voice/audio message is sent or received, including time and date and the mobile phone numbers the messages were sent from and to.
Information Vokal shall not Collect
Vokal does not collect any information such as addresses, location data or any other contact information from Your mobile address book or contact lists other than mobile phone numbers—the Application will associate whatever name the Vokal user has assigned to the mobile telephone number in his/her mobile address book or contact list — and this occurs dynamically on the mobile device itself, and not on or servers and is not transmitted to Vokal. This means that if You have Your friend’s mobile phone number associated with the name “XYZ” in Your mobile address book, that’s the name that will appear for that mobile phone number in Your Vokal contact list.
The contents of messages that have been delivered by the Service or any Content posted, shared or transmitted through the Service are not copied, kept or archived by us in the normal course of business. The Service is meant to be a voice messaging services, using data service through a user’s phone (either via cell network or wifi). Users record their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be a Vokal user), if that recipient is connected to any data service provider (either via cell network or wifi). If the recipient is not online, the undelivered message is held in our server until it can be delivered. If the message is undelivered for thirty (30) days, the undelivered message is deleted from our servers. Once a message has been delivered, it resides on our servers and is removed from our server, once the sender and recipient deletes the content from its mobile devices. Notwithstanding the above, we may retain date and time information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which we are legally compelled to collect.
The Content posted, shared or transmitted through the Application is just available to the users and no copy of the Content is stored or retained with the Application. All Content shared, uploaded, transmitted through the Service gets deleted as soon you delete your account. You agree and acknowledge that once you post Content on a public platform it can be downloaded, copied, stored by other users of the Service and Vokal shall in no case be held responsible for it.
Use of Information
When shall we discloses information
We may store and share non-personally-identifiable information (such as anonymous user usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, number of times an audio clip/Content is heard, number of likes etc.) with third-parties to better understand usage patterns for certain Content, services, advertisements, promotions, and/or functionality related to the Application.
We may disclose the Personally Identifiable Information and available user Content 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 we have 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 may transfer Your Personally Identifiable Information or Content or other information collected, stored, processed by Vokal to any other entity or organization located in India or outside India only in case it is necessary for providing Services to You in connection with Application. Except with Your consent including under this Agreement for specified purposes, We will not disclose any Personally Identifiable Information to any third party. We will cooperate with the appropriate law enforcement authorities in investigating claims of illegal activity.
Links to Other Sites
Vokal is currently ad-free and we have no intention to introduce advertisement into the product, but if we ever do, will update You on the same.
Third Party Application Stores
The Application can also be downloaded from third party application stores such as Google Play, Apple Store, etc. You agree to comply with all third-party privacy policies, if any, applicable to the use of the Application or related services. We 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 use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of Your personal information and Content. We cannot, however, ensure or warrant the security of any information You transmit to Application and You do so at Your own risk. Using unsecured wifi or other unprotected networks to submit messages through the Service is never recommended. Once we receive Your transmission of information, we make commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security systems breach, then we may attempt to notify You electronically so that You can take appropriate protective steps. We may post a notice on the Vokal Site or through the Service if a security breach occurs.
In the Event of Merger, Sale, or Bankruptcy
In the event that Vokal is acquired by or merged with a third-party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how Your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice