Initial Effective Date: March 01, 2020 (GMT) Latest Revised Date: March 01, 2020 (GMT)
Greetings from the Joyup Genie, the mobile and online service of Static Loop Private Limited (hereinafter referred to as “StaticLoop”, or “We”, or “Us” or “Our”).
Domain name joyupgenie.com (hereinafter referred to as “Website”) and Joyup Genie mobile application (“Web Software” or “Mobile App”) is owned and managed by Static Loop Private Limited, a private limited company, incorporated and subsisting under the (Indian) Companies Act, and having its registered office at No. #76, Sector 8 Part-1, Karnal-132001 (Haryana, India).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION OF THE SAME
At the outset please appreciate that You are interacting with the Joyup Genie Bot, which is an AI chatbot and not a human. Moreover, it is not envisaged to give any professional advice and / or to replace any trained professional for providing analysis, psychological or otherwise as diagnosis and / or treatment or legally tenable solution / cure of a condition or disease. Due to technology and other limitations Joyup Genie bot can at times misinterpret and provide insights, recommendations and responses which are incorrect, irrelevant and completely out of context, please evaluate and assess every insight, recommendation and response provided by Joyup Genie Bot thoroughly by applying your own judgement and act/accept only if you are completely convinced that it is the correct course of action based on your own personal analysis. In the eventuality of suffering any damage, if at all, which may ensue by relying on the recommendations / assessments offered by the Joyup Genie, We shall not be responsible in any manner. The bot cannot and shall not be offering any advice on issues, it does not recognize or comprehend due to constraints / limitations of technology / limitation of words / sentences used by way of inputs therein. However, this Bot is designed and restricted in the means of response and the intended use for providing evidence-based tools and techniques to assess / manage emotions and encourage mental wellbeing by empirical assessment techniques.
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 WHATSOEVER, 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 JOYUP GENIE OR STATIC LOOP PVT. LTD. THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, JOYUP GENIE OR STATIC LOOP PVT. LTD., 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, MALWARE 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.
JOYUP GENIE OR STATIC LOOP PVT. LTD. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JOYUP GENIE OR STATIC LOOP PVT. LTD. SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND JOYUP GENIE OR STATIC LOOP PVT. LTD. 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 JOYUP GENIE / STATIC LOOP PVT. LTD., 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 JOYUP GENIE AND / OR STATIC LOOP PVT. LTD. SHALL 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, JOYUP GENIE AND / OR STATIC LOOP PVT. LTD. 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 OTHER MALWARE 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 JOYUP GENIE AND / OR STATIC LOOP PVT. LTD., 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 FREE JOYUP GENIE HEREUNDER OR $100.00, WHICHEVER IS GREATER. FOR THE PAID SUBSCRIPTION TO JOYUP GENIE SERVICES, THE AGGREGATE LIABILITY OF JOYUP GENIE SHALL BE LIMITED TO THE SUBSCRIPTION FEE PAID BY YOU FOR A PERIOD OF SIX (6) MONTHS FOR THE JOYUP GENIE SERVICES.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JOYUP GENIE 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. Joyup Genie makes no representations that this Service is appropriate or available for use in other locations as well. 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
You agree that: (i) the Service shall be deemed solely based in Gurugram, Haryana, India; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Joyup Genie, either specific or general, in jurisdictions other than Gurugram, Haryana. 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 Gurugram, Haryana, India, 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 of all kinds, descriptions and nomenclatures.
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.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Joyup Genie without any restriction whatsoever. Any attempted transfer or assignment in violation hereof
shall be null and void ab initio.
Notification Procedures and Changes to the Agreement
Joyup Genie 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
Entire Agreement / Severability
This Agreement and Terms and Conditions, together with any amendments, policies and any additional agreements You may enter into with Joyup Genie in connection with this Service, shall constitute the entire agreement between You and Joyup Genie 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 of any term and conditions of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Joyup Gene’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
If You have any queries, comments, or concerns about this Agreement or our other privacy policies or practices stated herein, please contact us at firstname.lastname@example.org