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CleverType Keyboard Terms of Use

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This document is framed in accordance with the Information Technology Act, 2000, the rules framed thereunder and such other applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This is an electronic record which is generated by a computer system and does not require any physical or digital signatures.

This User Agreement (the “Agreement”) is entered into between all individuals or entities (hereinafter “you”, “your”, “User”) who register, log in, use mobile application "CleverType Keyboard" including and referring to Android package name “com.clevertype.ai.keyboard” and IOS App ID 6560110828  (hereinafter referred to as “Platform” or “CleverType Keyboard”) and any other products, programs and services (hereinafter collectively referred to as “Services”) of Clevertype, its subsidiaries and affiliates (hereinafter “clevertype”).

Please read this Agreement carefully and fully understand, including the terms of disclaimers of warranty, limitation of liability, and our respective rights and limitations, and choose to accept or not to accept this Agreement and the Privacy Policy (minors should read this Agreement accompanied by a legal guardian) provided at https://clevertype.co/privacy-policy. The Company may suspend or stop providing our Services to you or take other measures as specified here if you do not comply with the terms of this Agreement. By your registration, login, usage of the Platform and any Services or other actions, you acknowledge that you have read and understood, and agree to accept and be bound by the terms and conditions of this Agreement.

By accepting this Agreement, you agree to accept all constraints, including accepting that the Company reserves the right to modify the terms of this Agreement at any time. You can use our Platform at any time to check the latest User Agreement. If you are not agreeable to, or cannot accept any content that we change, you should stop using the Platform and Services. If we make material changes to this Agreement, we will notify you by email (if you have provided your email address), post the changes on our Platform. We will not reduce your rights under this Agreement without your explicit consent. We encourage you to periodically review this page for any change. By your continued use of our Platform and Services, you agree to accept and will be bound by the modified terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE PRIVACY POLICY OR ANY SUBSEQUENT MODIFICATIONS THERETO OR BECOME DISSATISFIED WITH CleverType Keyboard IN ANY WAY, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF CleverType Keyboard AND NOTIFY US BY SENDING AN EMAIL TO support@clevertype.co

 

A. GENERAL

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  1. The CleverType Keyboard is developed and operated by clevertype, (collectively, “Company”, “we”, “our” or “us”).

  2. CleverType Keyboard is a virtual keyboard for your smartphone which offers many features such as typing in multiple languages, rewrite typed contents with AI. glide typing, voice to text input, clipboard, sticker, graphics interchange format (GIF), font, keyboard themes to you.

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B. ELIGIBILITY

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  1. By your access and usage of the Platform and the Services, you represent and warrant that (i) you are eligible to form legally binding contracts under the applicable laws, (ii) your access and usage of the Platform and Services is not in violation of any applicable law, and (iii) you are not subject to any contractual arrangement, judgment or order by a judicial or quasi-judicial authority that is inconsistent with the terms and conditions of this User Agreement.

  2. We reserve the right to revoke your access to the Platform and the Services, and refuse to provide you with access to the same if any fact contrary to the above comes to our notice or is brought to our attention.

  3. By using the Platform or any Service, you warrant that you are above the age of eighteen (18). If you are under the age of eighteen (18), and you wish to download, install, access or use the Platform or any Service, we believe that you have received consent from your parent or guardian before doing so or are doing so under their guidance and supervision.

  4. User security is of prime importance to us - which is why we urge in addition, that parents or guardians of any minors be aware that the Platform and the Services are designed to appeal to a broader audience. If you are a parent of a User who is a minor, we urge you that it is your responsibility to determine whether any portion of the Service is inappropriate for your child. If the law in your country requires that you must be older or younger in order for the Company to lawfully provide the Services to you without parental consent (including using your personal data) then your minimum age is to be determined accordingly.

  5. In addition to these general requirements, you may also have to fulfil additional criteria to be able to use the services available on CleverType Keyboard.

  6. If you violate any of this Agreement, Company may terminate your membership, delete your account on CleverType Keyboard (“Account”) and any related information and/or prohibit you from using or accessing CleverType Keyboard at any time in its sole discretion.

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C. MODIFICATIONS AND UPDATES TO CleverType Keyboard

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Company is committed to ensuring that CleverType Keyboard is as useful and efficient as possible. For this reason, Company reserves the right to make changes to, or update CleverType Keyboard, or to charge for its services, at any time and for any reason. You shall be required to download the updates if you want to keep using CleverType Keyboard. Company does not promise that it shall always update CleverType Keyboard so that it is relevant to you or that the updated versions of CleverType Keyboard will always be compatible with your mobile device (“Device”). We may also automatically check the version of the Platform installed on your device from time to time and if applicable, provide updates, which may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Platform ("Updates"). 

By installing or using the Platform, you authorize the automatic download and installation of such Updates and agree to download and install Updates manually if necessary. Your use of the Platform and Updates will be governed by this Agreement (as amended from time to time). The Company is not obligated to support, maintain, update or upgrade the Platform and may at any time and without notice suspend or terminate your license and disable or discontinue the Platform installed on your device.

 

D. REGISTRATION AND USE

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  1. You can access CleverType Keyboard only by creating an Account. If you wish to create an Account, you can do so by using your Email Address/Google/Apple account. You will be required to use the credentials of your Gmail/Apple account and furnish certain information and details, including your name, email address and any other information deemed necessary by Company for the purposes of providing the services on CleverType Keyboard. You must be the sole owner and user of Email Address and/or Google/Apple account and the Account.  

  2. You are solely responsible for maintaining the confidentiality and security of your Account, password and activities that occur in or through your Account and for restricting access to your Device to prevent unauthorized access to your Account. You agree to accept responsibility for all activities that occur in or through your Account by you and anyone using your password and login information (with or without your permission).

  3. You unequivocally agree to provide true, correct, accurate, and complete information about yourself. You can access and update your information by signing into your Account on the “Settings” page in CleverType Keyboard.

  4. If you provide any information that is untrue, inaccurate, not updated or incomplete (or which becomes untrue, inaccurate, not updated or incomplete), or Company has reasonable grounds to suspect that the information provided by you is untrue, wrong, inaccurate or incorrect, we shall have the right to immediately suspend or terminate your Account without any prior notice or liability in this regard and refuse any and all current or future use of the CleverType Keyboard (or any portion thereof) or services in connection thereto.

  5. For the sake of authenticity, you take full responsibility for the authenticity, legality, accuracy and validity of the information you provide to use for and during registration. You will be responsible for updating any changes in your registration information to keep it up to date. You should not post any information in the name of others; you should not use a registered Account maliciously; otherwise, we reserve the right to suspend the Services and you shall fully bear all legal liability. We do not accept any responsibility or liability for any claims or loss arising from your actions.

  6. You shall use the Platform and our Services in accordance with all applicable laws and take all responsibility for activities under your registered Account, including your statements and any loss or damage that may directly or indirectly arise from your statements. You agree that any access of the Platform, usage of the Services or any functionality associated with the Platform in addition to any data shared on the Platform which is traceable and referable to your Account will be deemed to have validly originated from you. You agree to be bound by any access of the Platform and utilisation of the Services without limitation irrespective of whether such access or utilisation was authorised or done with your knowledge. You should estimate the risks of the content on your own and take all risks from it, including the risk that lies on the correctness, integrity or practicability of the content. We will not take any responsibility for any loss or damage that is resultant from such behaviour or activity.

  7. You must immediately notify us if you find or happen to be aware of any illegal or unauthorized activities in relation to your Account. We will not be liable for damages or losses arising from a User’s non-compliance with any of the provision(s) above;

  8. You also understand and hereby acknowledge the following:

    • The Company may change, suspend, restrict, terminate or revoke the rights to access our Platform and Services at any time without notice or liability for damages, expenses, losses or claims in such regard.

    • You consent to receive text messages, electronic mails, and calls from the Company or its affiliates to the e-mail ID or phone number registered to your Account or any other number that we may reasonably ascertain to be yours via skip trace, caller ID capture and other such means. We may include advertisements and promotional activities etc. in our Services. You agree to the display of advertisements and other events from us or our related parties while enjoying our Services.

  9. You may request deletion of your Account by sending an email to us at support@clevertype.co

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E. YOUR PRIVACY

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  1. “Personal Information” means information relating to a natural person that can be used to directly or indirectly identify an individual, either from that information alone or from that information combined with other information that Company has/may have access to about that individual. Such Personal Information may include your name, address, account number, telephone number, email address and other sensitive personal information or personally identifiable information.

  2. Company collects, receives, possesses, stores, deals or handles your Personal Information only if it is necessary to provide the services to you. By agreeing to use the CleverType Keyboard and the services available on the CleverType Keyboard, you expressly consent to such use and disclosure of your Personal Information in accordance with the Privacy Policy available at: https://clevertype.co/privacy-policy.

  3. You agree and acknowledge that all Personal Information provided by you shall be on an “as is” basis and Company shall not be responsible for the authenticity thereof.

  4. You, at all times, have the option of not providing your Personal Information by choosing not to use a particular service that CleverType Keyboard offers. If you do not provide your Personal Information, Company has the right not to provide you with the particular service that requires such information.

  5. Company may collect the following types of information (which may or may not be Personal Information):

    • Email and Name you provide to us such as Google/Apple account Email and Name;

    • Information related to your application usage such as keyboard settings (e.g. region, language);

    • Log information (e.g. IP addresses, crash information, input history, registration time, access time);

    • Information from third-party sources (when permitted by applicable laws) such as account IDs and nicknames from third-party social network services when signing up for CleverType Keyboard;

    • Non-personally identifiable information such as statistical data generated when you use a specific service, anonymous ID, device type, system-related information, application version, network environment information, click events, application crash events, keyboard settings.

  6. We do not sell any Personal Information to third parties. Personal information is collected only for providing services to you and legal compliance on Company’s part under applicable laws. You hereby expressly consent that Company may process and disclose Personal Information to its third party service providers and business partners (“Partners”) for the purposes and to the extent stated in the Privacy Policy. Company shall only so use your Personal Information after it has obtained your consent or indication of no objection in accordance with applicable laws.

  7. You can be assured that Company shall only share your Personal Information in accordance with your consent. You should know that when Company shares your Personal Information with a third party, Company shall contractually specify that the third party is subject to practices and obligations to comply with applicable data protection laws. However, Company is not responsible for any breach of security, or for any other actions of any third parties that receive your Personal Information.

  8. Company may disclose your Personal Information without further consent when required under applicable laws.

  9. To the extent that Company may need to transfer Personal Information outside of your jurisdiction, Company shall do so in accordance with the applicable laws. No financial information shall be transferred out of India.

  10. For more information on how Company collects, receives, possesses, shares, stores, deals or handles your Personal Information, please see the Privacy Policy at https://clevertype.co/privacy-policy.

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F. USER CONTENT

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  1. Some functions of the CleverType Keyboard may allow a user to upload, provide, share, or post content such as text, images, GIFs, videos, music, audio-visual content, voice content, comments, questions, profile information and other content or information (“User Content”).

  2. You hereby acknowledge and agree that your User Content shall not consist of content that:

    • violates any law in force in India or your region of jurisdiction;

    • endangers national security, disclosure of national secrets, upheaval of national political authority, destruction of national unity;

    • damages national honor and interests;

    • incites racial hatred, racial discrimination, or harms racial unity;

    • damages national religious policy, advocates cults and superstitions;

    • spreads rumors, disrupts social order, damages social stability;

    • spreads obscenities, pornography, gambling, violence, murder, terrorism, or inciting the commission of crimes, or other illegal content;

    • insults or defames others, infringes upon the lawful rights and interests of others, is blasphemous, obscene, pornographic, pedophilic, ethically objectionable, harasses, is libelous, deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature, harms the right of any third party to his/her reputation, privacy or image, disparages or threatens, harms or likely to harm another user or any other third party or a minor in any way, or impersonates another person;

    • infringes intellectual property rights including copyright, patents, trademark rights, commercial secrets, image rights, reputation rights, fame rights, title rights, name rights, privacy rights and other proprietary rights or lawful rights of third parties or properties;

    • belongs to another person and to which the user does not have a right.

  3. Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts, sends, or otherwise makes available over the CleverType Keyboard. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the CleverType Keyboard, and you agree that Company is merely acting as an intermediary for the online distribution and publication of your User Content.

  4. You acknowledge and agree that you have all the rights, licenses, and permissions required under applicable laws to upload, distribute, transmit your User Content in accordance with this Agreement. You also represent that your User Content does not infringe the rights of any third party, and that Company shall not be in violation of any applicable laws in using your User Content in accordance with this Agreement.

  5. By posting or otherwise making available any User Content on or through the CleverType Keyboard, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Company a royalty-free, sub-licensable, 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, for use in connection with CleverType Keyboard and the related services, including without limitation for promoting and redistributing part or all of the CleverType Keyboard (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the CleverType Keyboard a non-exclusive license to access your User Content through the CleverType Keyboard, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the CleverType Keyboard and under this Agreement.

  6. Company has the right, in its sole discretion, to remove any User Content that is shared via the CleverType Keyboard.

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G. YOUR OBLIGATIONS WHEN USING CleverType Keyboard

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  1. You shall not use the CleverType Keyboard for any purpose that is unlawful, illegal or forbidden by this Agreement, any violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy. Company may, at its sole discretion, at any time and without prior notice or liability, impose additional requirements and restrictions or suspend, terminate or restrict your access to CleverType Keyboard (or any portions thereof) if it is discovered or it comes to Company’s notice that you have breached this Agreement, Privacy Policy and/or any applicable laws.

  2. You must be the sole owner and user of your Account. You are responsible for maintaining the confidentiality and security of your Account, password and activities that occur in or through your Account and for restricting access to your device so as to prevent unauthorized access to your Account.

  3. If you are a business entity, you agree that all officers, employees, agents, representatives and others having access to the credentials of your Account have been duly authorized by you to use the services on your behalf and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by you, who access the services using the registered Account.

  4. You further agree that you shall not:

    • host, display, upload, modify, publish, transmit, update or share any material or information that: (i) belongs to another person and to which the user does not have any right to; (ii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; (iii) harm minors in any way; (iv) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (v) impersonates another person; (vi) contains software viruses, worms, spyware, adware, software disabling codes, other malicious or intrusive software, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or any spyware; (vii) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; (ix) infringes the intellectual property rights, legal rights, or interests of any third party; (x) adversely interferes with the working of the Devices, or parts thereof, and or modifies or disables any of the functionality and/or the settings of the devices/CleverType Keyboard, including without limitation any security measures deployed on the devices/CleverType Keyboard.

    • Download any file posted by another user of CleverType Keyboard that you know, or reasonably should know, cannot be legally distributed in such manner;

    • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

    • Violate any code of conduct or other guidelines, which may be applicable for or to any particular portion of CleverType Keyboard;

    • Violate any applicable laws for the time being in force in or outside India;

    • Violate, abuse, unethically manipulate or exploit this Agreement or any terms of the Privacy Policy;

    • Attempt to gain unauthorized access to any portion or feature of CleverType Keyboard, or any other systems or networks connected to CleverType Keyboard or to any server, computer, network, or to any of the services offered on or through CleverType Keyboard by hacking, password “mining” or any other illegitimate means;

    • Reproduce, duplicate, copy, sell, resell or exploit any portion of CleverType Keyboard;

    • Probe, scan or test the vulnerability of CleverType Keyboard or any network connected to the CleverType Keyboard or breach the security or authentication measures on CleverType Keyboard or any network connected to CleverType Keyboard;

    • Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform or any part thereof;

    • Modify, adapt, translate or create derivative works based upon the Platform or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable laws; or

    • Interfere with or damage operation of the Platform or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

    • Reverse look-up, trace or seek to trace any information of any other user of CleverType Keyboard, including any account on CleverType Keyboard not owned by you, to its source, or exploit CleverType Keyboard or any service or information made available or offered by or through CleverType Keyboard, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by CleverType Keyboard; or

    • Make any negative, denigrating or defamatory statement(s) or comment(s) about Company or its Partners.

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H. COMMUNICATION

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By making use of the CleverType Keyboard, and furnishing your personal/contact details, you hereby agree that you are interested in availing of the services that you have selected. You hereby agree that Company may contact you either electronically or through phone, to understand your interest in the selected services and to assist you in completing your transactions. You specifically understand and agree that by using the CleverType Keyboard, you authorize Company and its Partners to contact you for any follow up calls in relation to the services provided through the CleverType Keyboard. You expressly waive the Do Not Call registrations on your phone/mobile numbers for contacting you for this purpose. You also agree that Company reserves the right to make your contact details available to its Partners and you may be contacted by the Partners for information and sales through email, telephone and/or SMS. You agree to receive promotional materials and/or special offers from Company or its Partners through emails or SMS.

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I. LICENSE AND ACCESS

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  1. All content included in the CleverType Keyboard such as, but not limited to, images, text, graphics, logos, and button icons, except the User Content, is protected by intellectual property laws. Legal action may be taken against any individual or entity using such content without written permission from Company.

  2. Certain marks used in the CleverType Keyboard are registered trademarks or service marks of Company, its Partners, its artists or its suppliers, worldwide. Company trademarks and service marks may not be used for any commercial or other purposes by any party other than Company or its affiliates without the prior written consent of Company. All other trademarks and service marks not owned by Company or its affiliates or subsidiaries that appear in the CleverType Keyboard are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company. You understand that all Content on the Platform is owned by the Company or other concerned third parties and licensors. Without limiting the generality of the foregoing, Content will be deemed to include:

    • Copyrights, trademarks, service marks, product marks, symbols, logos, page headers, button icons, scripts, representative material, domain names, and all translations, variations, derivative material and combinations of any of the same;

    • All data, and works on the Platform and associated copyrights including authors’ rights, moral rights;

    • Platform software and related documentation, algorithms, data, machine code, source code, and programs; and

    • All manner of proprietary rights relating to any data or information on the Platform irrespective of whether such proprietary right is protected or whether it is capable of registration.

  3. Company grants you a limited license to access and use CleverType Keyboard for personal, non-commercial use. This license is non-transferable and it does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in CleverType Keyboard or the services provided thereon. You do not have the right to use any of Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You may use information on the services made available on CleverType Keyboard for downloading, provided that you (i) do not remove any proprietary notice language in all copies of such documents, (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information; and (iv) do not make any additional representations or warranties relating to such documents. Except as expressly provided in this Agreement, no part of CleverType Keyboard may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Company’s express prior written consent. Any unauthorized use of CleverType Keyboard may result in immediate revocation of the license granted to you by Company.

  4. Additionally you agree not to directly or indirectly undertake any of the following in relation to the Platform or the Content:

    • copy, modify, publish, transmit, distribute, perform, display, or sell any Content, except for that information which is in the public domain or for which you have been given permission;

    • scrape or attempt to scrape or extract any data, including information provided by third parties or other Users of the Platform;

    • use the Platform for any monitoring, benchmarking or throttling or any other purposes that may impair the performance or functionality of the Platform;

    • access or attempt to access the Platform by any means other than through the interface provided by us;

    • use any data associated with the Platform for any commercial purpose; and

    • decompile, reverse-compile, disassemble or attempt to access, construct, inspect or discover any constituent element of the Platform and the Content.

For the limited purpose of access and usage of the Platform, you are granted with a personal, non-exclusive, revocable, and non-transferable license. You understand that mere access to or usage of the Platform does not confer upon you any proprietary rights to the Content.

All Content not owned by Company or its affiliates or subsidiaries that appear on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company. You shall be responsible to such third-party for any manner of interaction with such Content including but not limited to consenting to the terms and conditions of their use, and will indemnify and hold harmless the Company and its officers in such regard.

Without prejudice to the generality of the foregoing, some of the GIFs used in the Platform are developed by our partners and other third parties. The Company does not take responsibility or liability, including in relation to copyright, for such GIFs related products, content and services on the Platform which are linked to third party service providers.

You shall access such GIFs at your own risk and in accordance with the applicable law. We will not be responsible for monitoring or your use of the copyrighted content. Any attempt to access or search the copyrighted content or download the copyrighted content through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the Company shall be prohibited.

You shall not use the GIFs related content you obtain through the Platform to create a database, directory, or index containing GIFs or digital stickers or to improve, edit, augment or supplement any existing database, directory, or index containing GIFs or digital stickers or for any commercial purpose.

If you are the owner of any copyrighted content and you feel that your work has been copied to constitute copyright infringement, then you should immediately report of such copyrighted content to us at support@clevertype.co. Such reported copyrighted content shall not be given access on the Platform, subject to clevertype’s review of the reported copyrighted content.

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J. MONITORING OF YOUR ACCOUNT

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Company has the right but not the obligation to monitor your use of the CleverType Keyboard and share information with any governmental, legislative, judicial or quasi-judicial authority of competent jurisdiction upon receipt of an order requiring such disclosure, in accordance with the applicable laws and the Privacy Policy available at https://clevertype.co/privacy-policy.

You understand and acknowledge that although the Company does not regularly review User submitted or generated content, it reserves the right to edit such content in any way and to refuse to accept content that violates this Agreement or which it finds objectionable in its sole and absolute discretion. We have the right to suspend, at our sole discretion or determination, any content that violates the laws and regulations in any jurisdiction or the terms of this Agreement; that infringes, prejudices, threatens any right or safety; or that impersonates others. We also retain the right to take proper legal actions, including but not limited to removing any illegal or infringing content, suspending the qualification of violators and saving relative information and reporting to relevant authorities based on the applicable laws and regulations;

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K. SERVICE SUSPENSION

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Company may wish to stop providing services through CleverType Keyboard, and may terminate your use of it at any time without any prior notice or liability to you. Unless Company informs you otherwise, upon termination, (a) the rights and licenses granted to you under this Agreement shall stand revoked; and (b) you shall stop using CleverType Keyboard. Company reserves the right to suspend or cease providing any service and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

L. DISCLAIMER OF WARRANTIES

  1. CleverType Keyboard, ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CleverType Keyboard ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED EXCEPT OTHERWISE SPECIFIED IN WRITING. Company EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. COMPANY DOES NOT WARRANT THAT: (I) THE CONTENT ON CleverType Keyboard SHALL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (II) CleverType Keyboard SHALL MEET YOUR REQUIREMENTS OR SHALL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CleverType Keyboard OR ANY SERVICES OFFERED THROUGH CleverType Keyboard SHALL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF THE SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH CleverType Keyboard WILL MEET YOUR EXPECTATIONS. COMPANY SHALL ALSO NOT BE RESPONSIBLE FOR ANY DATA LOST WHILE TRANSMITTING INFORMATION ON THE INTERNET.

  2. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH CleverType Keyboard IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF CleverType Keyboard.

  3. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY CONTENT OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH CleverType Keyboard OR ANY HYPERLINKED WEBSITE OR SERVICE AND COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY IN RELATION THERETO. COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

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M. LIMITATION OF LIABILITY 

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YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND THE SERVICES IS OTHERWISE AT YOUR SOLE RISK. THE COMPANY DOES NOT GUARANTEE THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE APP OR ANY CONTENT, SEARCH OR LINK ON IT. THE PLATFORM AND THE SERVICES ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL OUR COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the generality of the foregoing, the Company will not bear any legal liability under circumstances stated below:

  • Any circumstances caused by suspension, breakdown and so on that result from the hacking, virus invasion, blockings due to illegal and harassing content, government control or any other reasons related to network, technique, communication line and information security management;

  • Losses to the Users because of any third party act or omission or a force majeure event, such as the communication line breakdown, technical problems, the network and computer breakdown, and other cases of force majeure; and

  • Any threat, defamation, offensive or illegal information that is caused by anonymous User interaction or percolation through the Services or the Platform.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you and you might have additional rights.

N. INDEMNITY

  1. You shall indemnify and hold harmless Company its officers, directors, agents, and employees from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys' fees, arising out of or related to your breach of this Agreement, Privacy Policy, your violation of applicable laws or the rights of a third party, and your use of CleverType Keyboard.

  2. This clause shall survive termination of this Agreement.  

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O. ADVERTISERS/ THIRD PARTY LINKS IN THE CleverType Keyboard

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The CleverType Keyboard may provide links or references to other third-party applications or websites (“Reference Apps”). You understand and agree that over the course of access and usage of the Platform, you shall be exposed to such Reference Apps as well as information, materials, software, or services contained on or accessible through Reference Apps (“Reference Apps Content”). The Company does not endorse any such Reference Apps or the Reference Apps Content. ACCESS AND USE OF REFERENCE APPS, INCLUDING THE REFERENCE APPS CONTENT IS SOLELY AT YOUR OWN RISK. We do not guarantee or make any representations regarding any Reference Apps or Reference Apps Content. You understand that the Company does not investigate or monitor the Reference Apps or Reference Apps Content, and that a link to a Reference App is not to constitute an endorsement of such Reference Apps or Reference Apps Content by the Company, with the Company not understood to have made any form of representation or warranty, whether express of implied, in relation to the quality, genuineness and any other attribute of the Reference Apps or Reference Apps Content. We shall not be responsible for any dispute between you and any other third-party arising out of the use of the Platform or the Services. We shall not be held liable for any negligent conduct or behaviour of any third party in relation to your usage of the Platform or the Services. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such third party websites/applications. Any information shared with such third parties shall be in accordance with all applicable laws and governed by the Privacy Policy, available at https://clevertype.co/privacy-policy.

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P. FORCE MAJEURE

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Company shall not be held responsible for damage, loss, non-availability of the services, or deficiency in provision of the services, resulting directly or indirectly due to a fire, earthquake, flood, epidemic, strike, lockout, labour unrest, riot, civil disturbance, war, civil commotion, act of god, act of terrorism, court order, change in law, or any other circumstance which is beyond the control of Company.

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Q. APPLICABLE LAWS, JURISDICTION AND DISPUTE RESOLUTION

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By using the Platform and any Services, you agree that the Indian laws, without regard to principles of conflict of laws, will govern this User Agreement. Any dispute arising from this Agreement or the use or misuse of the Platform and/or Services, shall be subject to the exclusive jurisdiction of the competent courts in the district of Kerala, India.

All disputes arising out of or in relation to this Agreement shall be settled amicably within a period of 30 (thirty) days from the date of the first initiation of the dispute. In the event no amicable settlement is arrived at within such period, the dispute shall be resolved by means of arbitration pursuant to the Indian Arbitration and Conciliation Act, 1996.

The arbitration shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed arbitrator. If a mutual arbitrator cannot be appointed, each party shall appoint 1 (One) arbitrator, and such appointed arbitrators shall appoint a presiding arbitrator. The arbitration proceedings shall be conducted in English language only and the venue for arbitration shall be at Karnataka. The award of the arbitrator/arbitrator tribunal shall be final and binding.

R. Third Party Software Usage and Licenses

All the third party software used and their licensing terms are listed here Third Party Software Usage

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R. RETURN AND REFUNDS
 

All transactions made through our app are generally considered final and are nonrefundable. This policy is subject to exceptions based on local laws in specific regions, including the EU, EEA, UK, Switzerland, Korea, Israel, and certain states in the USA such as Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin. Purchases made within our app are typically final. There are no refunds or credits available for periods of partial use, unless mandated by the laws of your jurisdiction.


For users residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin, and Israel: Right to Cancel - You may cancel your subscription without any penalty or obligation, before midnight of the third business day after your subscription date. If you pass away before your subscription ends, your estate is eligible for a refund for the part of your payment corresponding to the period after your death. Should you become disabled (to the extent that you are unable to use our services) before the end of your subscription period, you are entitled to a refund for the portion of your payment that applies to the period after you became disabled. Notice for refunds due to disability should be given in the same way as regular refund requests.

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S. SUBSCRIPTIONS FEES AND TERMS

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S.1 Paid Accounts. You can upgrade your free account to access paid features, which will automatically convert your free account into a 'paid account'. Your paid account will remain effective until it is cancelled or terminated under this Agreement, in which case your account will revert back to a free account. When you upgrade to a free account, we will automatically bill you from the date you converted your account to a paid account and on each periodic renewal (whether it be monthly or annually). If you cancel your paid account, the cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Service. We do not provide refunds or credits for any partial subscription periods. You are responsible for all applicable taxes, and we will charge tax when required. We may change the fees applicable to a paid account but will give you advance notice before those changes take effect and any price change will apply to your next billing cycle. You can cancel your paid account at any time via your account page in the Software, which can be from subscription tab of chrome plugin IOS app and android app.

 

 

S.2 Automatic Billing Cycles. To ensure uninterrupted services, all subscriptions to CleverType by Pole (including all paid accounts) are renewed automatically using the credit card we have on file. All of our subscriptions are renewed at the standard subscription rate when the current subscription term ends. If you don't cancel your Subscription, you authorize CleverType by Pole to automatically charge you the agreed price each month until you cancel the Subscription.

 

 

S.3 Renewal and Cancellation. Your applicable payment to CleverType by Pole will automatically renew at the end of the applicable Subscription period, unless you cancel your Subscription before the end of the then-current Subscription period. You may cancel your Subscription at anytime via your account page in the Software which can be accessed at subscription tab of chrome plugin, IOS app and android app. The cancellation will take effect the day after the last day of the current Subscription period, and you will be downgraded to the free version of the Service. We do not provide refunds or credits for any partial subscription periods.

 

 

S.4 Subscription Fees. In consideration for the Services, you will have to pay the applicable, non-refundable subscription fees set forth in the Subscription Plan (“Subscription Fees”) at such times and for such periods as set forth therein. Your payment may be processed through a third party payment processing service, and additional terms may apply to such payments. We reserve the right to use other third party payment processing services for such purposes in the future. Unless otherwise stated in the Subscription Plan, all amounts payable under this Agreement are non-refundable, non-cancellable, and exclusive of all sales, use, value-added, withholding, and other direct or indirect taxes, charges, levies and duties. For all versions of the Services, we reserve the right in the future to charge a fee for features and/or uses which are currently made available free of charge. Any failure to pay applicable charges may result in you not having access to some or all of the Services.

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T. MISCELLANEOUS

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  1. Platform Permissions: By allowing several device permissions to the Platform you are agreeing that the Platform may use it even if it is in background.

  2. Network charges: By allowing network access you are agreeing that the Platform may use the network in background or foreground to pre-fetch content which may cause network charges.

  3. Electronic communications: When you use the Platform or send emails to us, you are communicating with us electronically. We therefore, take this as your consent to receive communications from us electronically. By doing so, you agree that all agreements, notices, policy updates, disclosures and other communications that we provide to you electronically satisfy any and all legal requirements that such communications be in writing.

  4. Feedback: Your suggestion to the Company (“Feedback”) is regarded as transferring all rights of Feedback; the Company has the right to use the Feedback in any appropriate method. We also consider this feedback unclassified and non-exclusive.

  5. Independence: If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition. If some provisions of this Agreement cannot be applied for some reasons, they will be revised to apply legally; and other provisions remain applicable.

  6. Interpretation: The title of each paragraph is written only for the convenience of reading and does not have any legal or contractual obligations.

  7. Assignment: Without written consent from the Company, you cannot transfer the rights and obligations stated in this Agreement. Any behavior or activity violates the provision about such a transfer attempt is invalid.

  8. Waiver: The failure of the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Company.

  9. Integrality: This Agreement (including the Privacy Policy) is the ultimate, integral and exclusive agreement between you and the Company, in relation to any matter relating to the Company’s Platform and Services without limitation.

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U. CONTACT US

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If you have any concerns regarding the CleverType Keyboard or the services provided through CleverType Keyboard, please write to us at  support@clevertype.co or check our contact-us page other options

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