Desk Nine Private Limited, a company registered under the Companies Act, 2013 ("DNPL" or "We" or "Our" or "Us") having its registered address at #24, 9th Cross, Off Margosa Road, Malleshwaram, Bangalore – 560003 Karnataka, India is the author,
publisher, and owner of the internet resource called www.melento.com with any subdomain thereof, mobile/tablet applications, application programming interfaces, software development kits, or other present or future electronic modes of
providing services ("Platform"). By accessing, viewing, or using the Platform or any of the content on the Platform, you indicate that you understand and intend these terms of use ("Terms of Use") to be the legal equivalent of a signed,
binding written contract and that you accept such Terms of Use and agree to be legally bound by them. If you do not agree with the Terms of Use, you will not be granted permission to use the Platform and should exit immediately. Further,
by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable
law(s) in India for the purposes of accessing, browsing or transacting on the Platform, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered
as part and parcel of these Terms of Use.
The Platform serves as a tool for instant messaging, provides collaborative task management features, and note keeping, and also enables the users (collectively referred to as, "User(s)" or "You" or "Yourself") in time management and scheduling.
Accordingly, the Platform receives information directly or indirectly from the User(s). The said arrangement between User(s) and Us (hereinafter "Services") shall be governed in accordance with these Terms of Use.
The Users may freely browse through the Platform, however in order to avail the Services, Users would be required to register on the Platform either as individual or as an entity. By accessing the Platform, registering or any other means of
usage herein, the User shall be deemed to have read and agreed to this Terms of Use without requiring any other express, implied or other consent requirement in writing or otherwise.
We reserve the right to add, modify, amend, cancel, limit, vary or change, either wholly, or in part, at any point in time these Terms of Use, without prior notice. Further, We reserve the right to withdraw, suspend, alter, modify, change,
or vary the Platform, the Platform features, the Platform content, or parts thereof, at Our sole discretion, without prior notice. All modifications/amendments to the Terms of Use will be posted on the Platform and will become effective
immediately upon such posting on the Platform. Your continued use of the Platform after such change or modification shall be deemed to be your agreement to the revised/modified Terms of Use. Please review these Terms of Use regularly to
remain informed of any changes. If you do not agree to these Terms of Use, please discontinue using this Platform immediately.
Eligibility
The User hereby represents and warrants that You:
are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use;
have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Terms of Use, as far as age, jurisdiction, laws of land, etc. are concerned; and
agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Platform including Services.
Registration, User Account & Provision of Services
Access to Services on the Platform, requires the completion of a simple registration process to create a User account. The registration and creation of a User account requires you to reveal your identity and/or other information about yourself,
which will be governed by the Platform’s Privacy Policy.
Users will have the option to register with us and create an account on the Platform ("User Account"), which shall enable the User to access Our Platform to and avail the Services being offered. By accessing and/or completing the online registration
process on the Platform and by creating a User Account, User confirms its acceptance of Terms of Use. We may, at its sole and absolute discretion, refuse to accept registration applications for the registration and creation of a User Account.
To create a User Account, you may either:
acknowledge and agree that you may be required to give information about yourself for your User Account verification. In order to complete your User Account, you may be required to inter alia provide your full name, email address, gender,
mobile number(s), date of birth, current city/place of residence, access to Google accounts, access to Gmail accounts, etc. Any information provided by you to us should be complete and accurate to the best of your knowledge. We are not
obliged to cross-check or verify information provided by you and We will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from Us.
You understand that it is your responsibility to protect certain information relating to your usage of the Platform including, but not limited to, your username, password, email address, contact details, mobile number and OTP, if any. You
are responsible for maintaining the confidentiality of the password and User Account and are fully responsible for all activities that occur under your password or User Account.
By creating an account, you agree to receive certain communications in connection with Our Platform or Services including from or on behalf of the third party service providers.
User Guidelines
Through the use of this Platform and Services, You shall be provided with a limited, revocable, non-exclusive, non-transferrable, non-sublicensable license subject to this Terms of Use or any other agreement executed between You and Us. In
consideration of granting you a license to use the Platform, you hereby agree not to use the Platform for any purpose that is unlawful under any applicable laws and/or in violation of these Terms of Use and Our Privacy Policy. You shall
not use the Platform in any manner that could damage, disable, overburden, or impair Our server, any network(s) connected to any of Our server, or interfere with any other party's use and enjoyment of the Platform. You shall not attempt
to gain unauthorized access to any functions and features, other User accounts, computer systems or networks connected to any of Our server, in any manner, including, through hacking, password mining or any other unlawful means. You shall
not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the Platform. You shall not share any explicit, pornographic, sexual, or any other morally incorrect media
or information using the Platform or the Services.
You shall not, directly or indirectly through third parties: (i) attempt to copy, reproduce, alter, modify and/or reverse engineer the Platform; and/or (ii) create derivative works of Platform.
You accept that any and all operations emanating from your User Account shall be assumed to have been initiated by you.
You shall not be creating a User Account if you are a direct competitor of DNPL.
You are responsible for any and all activities that occur in your User Account. You agree to notify Us immediately in the event of an unauthorized use of User Account or any other form of security breach. We shall not be liable for any loss
to you or your organization owing to negligent actions or a failure on your part to inform Us, within a reasonable time, about the loss or theft of your device and/or any unauthorized access to your User Account, either with or without
your knowledge.
You shall be liable for losses incurred by you or any other party due to a third party’s use of your account.
You shall ensure that, while using the functions and features of the Platform, all applicable laws, rules, and regulations shall, at all times, be strictly complied with by You. We shall not be liable in any manner whatsoever for default of
any nature by you.
You agree that the Platform may be linked to the website of third parties, affiliates and business partners and that We have no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites
or made available by/through the Platform. Inclusion of any link on the Platform does not imply that We endorse the linked website.
Intellectual Property
We shall retain all rights, titles, and interests, including without limitation all intellectual property rights, proprietary rights, including any improvements, updates, upgrades, or modifications thereof, and work products. This Terms of
Use does not grant You any rights to, or in, intellectual property rights, whether registered or unregistered or any other rights in Our technology, product or documentation.
We shall be the sole and exclusive owner of all rights in connection with any ideas, inventions, or improvements, whether patentable or not, direct or indirect regarding the Services while using the products.
You grant Us and Our affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate in our Services any suggestions, enhancement requests, recommendations, corrections, or other feedback provided by You relating
to the operation of any of the Services provided by Us or Our affiliates.
Disclaimer of Warranties
You accept and acknowledge that DNPL does not verify any content or information provided by the Users, and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the other Parties’ use or reliance upon
the Platform, the Services, data, and reports by third-party Service Providers, representations and warranties made by the other parties on the Platform or any opinion or suggestion given or expressed by any third party service provider
in relation to any Services provided by DNPL.
DNPL reserves the right to introduce and initiate new features, functionalities and components to the Platform and/or change, alter, modify, suspend, discontinue or remove the existing ones.
Disputes and Governing Law
In case of any dispute concerning or involving the Services, you agree that the dispute shall be governed by the laws of India and the Courts of Bengaluru shall have exclusive jurisdiction to adjudicate all disputes.
Notwithstanding anything to the contrary contained anywhere in these Terms of Use, you agree that monetary damages may not be an adequate remedy for the losses that may be sustained by DNPL from a breach of the Terms of this Platform and accordingly,
DNPL shall be entitled to seek an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain you from
committing any violation of these Terms of Use.
Force Majeure
DNPL will not be in default, if its/his/her failure to perform any obligations hereunder is caused by supervening conditions beyond that party’s reasonable control, including without limitation acts of God, civil commotion, strikes, labour
disputes, internet service interruptions or slowdowns, vandalism or hacker attacks, or governmental demands or requirements.
Indemnity
You agree to indemnify, defend and hold harmless DNPL, and any of its affiliate, director, officer, employee and agent, from and against any and all claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities,
costs or expenses, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from: (i) your use of and access to the
Platform or Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party's or third party service provider's right, including without limitation any intellectual property right; or (iv) your
unauthorized use of the Services. This defence and indemnification obligation will survive these Terms of Use and your use of the Platform and/or the Services.
Limitation of Liability
In no event shall DNPL be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including damages for loss of use, data or profits (whether incurred directly or indirectly),
any loss of goodwill or business reputation, or any other intangible losses, even if you or any third party have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, DNPL’s liability to you for any cause whatsoever regardless of the form of the action, will at all times be limited to the amount paid, if any, by you for the services during the term
of your use. The foregoing limitation of liability shall apply to the fullest extent permitted by law. You specifically acknowledge that DNPL shall not be liable for the illegal conduct of any third party and that the risk of harm or damage
from the foregoing rests entirely with you.
Information Gathered and Tracked
By accessing this Platform, you hereby agree and understand that your internet protocol ("IP") address, device used to access the Platform, and other demographics will be logged and recorded. If you choose to register and create a User Account
on Our Platform, We will collect and store such information (including personal information) as specified above. All information collected from you, including information submitted for the registration of a User Account, is subject to
Our Privacy Policy. We may collect further information from you if you wish to receive certain Services available on Our Platform, which information will be requested for at the time you choose to avail of such Services. We guarantee that
personal information about Users will not be provided to any third party without consent from the information source including consent from the relevant User and/or the third-party service provider.
Term and Termination
These Terms of Use shall remain in full force and effect while you use the Services or you are a User on the Platform. We may terminate your use of/access to the Platform or the Services (either case, in whole or part), in its sole discretion,
at any time, without warning or notice to You.
Waiver and Severability of Terms
The failure of DNPL to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Assignment
You may not assign your rights and obligations under these Terms of Use without the prior written consent of DNPL.
Reporting
In case of any suggestions or complaints about the Terms of Use, kindly contact us at support@melento.com.
