Terms and Conditions

>

Please read the terms and conditions carefully. This terms and conditions for Enclosure Messaging Application services is a binding a legal contract between you and Enclosure.

By registering for, accessing browsing or using the Enclosure messaging app services you acknowledge and agree that you have understood, and agree to be bound by the terms contained in this agreement.

1.GENERAL

By accessing, browsing or otherwise using any part of Enclosure messaging app services, you accept without qualification or limitation, this agreement and the terms contained in this agreement. If at anytime do not agree with any of these terms contained in this agreement, you are prohibited from using Enclosure messaging app services.

If we need to contact you, we may contact you via phone number provided in your registration or by posting a notice on the app or website. You agree that this satisfies all the legal requirements in relation to written communication.

Any dispute relating to these terms or the application are governed by and must be interpreted in accordance with the laws of Indian Government.

2.CHANGES

Enclosure Messaging app reserve the right, at any time and at our sole discretion, to change or modify these terms and conditions applicable to your use of Enclosure Messaging app services or any part thereof, or to impose a new terms, including but not limited to, adding fees and charges for use.

Our Business Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We reserve the right to discontinue some or all of our Business Services, in our sole discretion, including certain features and the support for certain devices and platforms. Events beyond our control may affect our Business Services, such as events in nature and other force majeure events.

You are responsible for ensuring that you are familiar with the latest terms, by continuing with the same you agree to be bound by these changes.

We may change, modify or suspend or restrict access to website without notice.

3. ELIGIBILITY

Enclosure Messaging App services is intended for users whose minimum age 16 years . Any registration by use or access to services by anyone under the age of 16 years requires a permission from a parent or legal guardian. Who must read these terms and conditions and Privacy Policy and agree to be bound by them on behalf of their minor child consent from their parent or guardian.

• Additionally, some of the content on the Enclosure messaging app service may not be appropriate for individuals under 16 years of age.

4. ACCOUNTS RELATED
  • Each account belongs to that user who registered upon activation of their Enclosure Messaging app account and is non-transferable
  • All account holders may access the App for free or any subscriptions
  • For any account that has been dormant for 90 consecutive days on Enclosure Messaging  app services, Enclosure Messaging  app reserves the right to;
  • Suspend/remove the users account
5. OUR DATA PRACTICE

Access to data, and to aggregated data. You, and your service providers who manage your Enclosure communications for you, if any, will have access via our Business Services to personal data, such as Customer Data, and Company Content that you provide to us. As part of our Business Services, Enclosure provides you with aggregated metrics relating to your messaging activity within our Business Services, such as the aggregate number of messages sent. You instruct us to provide your service provider with access to these aggregated metrics.

You understand and agree that Enclosure collects, stores, and uses: (a) information from your account and registration; (b) usage, log, and functional information generated from your use of our Business Services; (c) performance, diagnostics, and analytics information; (d) information related to your technical or other support requests; and (e) information about you from other sources such as other Enclosure users, businesses, third-party companies.

Our Global Operations. Company agrees to the transfer and processing of information that we collect, store, and use under these Business Terms, to the India and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Business Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Legal Disclosures and Third-Party Requests. You agree that Enclosure may share your information, including Company Content, if we have good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or government requests; (b) enforce these Business Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, or security or technical issues; or (d) protect the rights, property, and safety of our users, Enclosure or others.

6. INTELLECTUAL PROPERTY

The Enclosure Messaging  app Service are owned and operated by us. All content, trademarks and other proprietary materials and/or information on Enclosure Messaging  app, including, without limitation, Enclosure Messaging  app, visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement thereof and all other materials are protected by copyright and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).

7. LEGAL

Compliance with Laws and Regulations. You may only use our Business Services if you have ensured that your use of our Business Services complies with all legal and regulatory requirements applicable to Company; it is your sole responsibility to determine your legal obligations. Our Business Services are not intended for intra-company usage. We make no representations or warranties that our Business Services meet the needs of entities regulated by laws and regulations with heightened confidentiality requirements for personal data, such as healthcare, financial, or legal services entities. Company must provide all necessary data disclosures and notices (such as maintaining a privacy policy or labelling marketing messages). Company must also secure all necessary rights, consents, and permissions (for example, opt-in) to share its customers contact and other personal data with Enclosure, and to communicate with its customers via the Enclosure service using this information. Enclosure is not liable for any acts or omissions by Company that breach any applicable laws. Company must also honor and comply with all Enclosure user requests to stop or opt-out of receiving certain or all types of Enclosure messages from Company. Enclosure users may block Company, mark Company messages as spam, or report Company actions or messages to us to notify us that Company is violating our terms and policies. Enclosure will then take appropriate action, which could result in Enclosure suspending or terminating Company s use of our Business Services.

8. CODE OF CONDUCT
  • Privacy And Security Principles. Enclosure is created with strong privacy and security principles. Connecting You With Other People. We provide, and always strive to improve, ways for you to communicate with other Enclosure users including through messages, voice and video calls, sending images and video, showing your status, and sharing your location with others when you choose.
  • Ways To Improve Our Services. We analyze how you make use of Enclosure, in order to improve our Services, including helping businesses who use Enclosure measure the effectiveness and distribution of their services and messages. Enclosure uses the information it has and also works with partners, service providers, and affiliated companies to do this.
  • Communicating With Businesses. We provide, and always strive to improve, ways for you and businesses and other organizations, to communicate with each other using our Services.
  • Safety, Security, And Integrity. We work to protect the safety, security, and integrity of our Services. This includes appropriately dealing with abusive people and activity violating our Terms. We work to prohibit misuse of our Services including harmful conduct towards others, violations of our Terms and policies, and address situations where we may be able to help support or protect our community. If we learn of people or activity like this, we will take appropriate action, including by removing such people or activity or contacting law enforcement. Any such removal will be in accordance with the Termination section below.
  • Enabling Access To Our Services. To operate our global Services, we need to store and distribute content and information in data centers and systems around the world, including outside your country of residence. The use of this global infrastructure is necessary and essential to provide our Services. This infrastructure may be owned or operated by our service providers including affiliated companies.
9. LICENSES
  • Your Rights. Enclosure does not claim ownership of the information that you submit for your Enclosure account or through our Services. You must have the necessary rights to such information that you submit for your Enclosure account or through our Services and the right to grant the rights and licenses in our Terms.
  • In order to operate and provide our Services, you grant Enclosure a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, and store your undelivered messages on our servers for up to 30 days as we try to deliver them).
  • We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
10. DISCLAIMER

Company uses our business services at its own risk and subject to the following disclaimers. Unless prohibited by applicable law, we are providing our business services on an as is basis without any express or implied warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful; that our business services or any other services will be operational, error free, secure, or safe; or that our business services or any other services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for controlling, how or when our users use our business services or other services, or the features, functionalities, and interfaces our business services or other services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. This section is without prejudice to our obligations as a data processor under the enclosure business data processing terms.

11. TERMINATION

We may modify, suspend, or terminate Company s access to or use of our Business Services and these Business Terms at any time and for any reason, permissible by applicable law, including if we determine, in our sole discretion, that Company violates these Business Terms, receives excessive negative feedback, or creates harm, risk, or possible legal exposure for us, our users, or others.

Upon termination, we will remove your account profile from Enclosure, and retain data associated with your account for up to 90 days, including data you have provided to us or which we have collected from your use of the Business Services as described in this agreement s section on Our Data Practices.

Upon termination, Company must promptly discontinue all use of our Business Services, and uninstall and destroy all copies of software provided by Enclosure, and delete any user information Company obtained in breach of these Business Terms. The following provisions will survive the termination of these Business Terms: Third-Party Services, Company's Rights, Enclosure Rights, Feedback, Availability, Disclaimer, Limitation of Liability, Indemnification, Modifying and Terminating our Business Services, Enclosure Confidential Information, Publicity, Legal Compliance, Governing Law and Venue, Amendment, Assignment, Severability, Miscellaneous, and Notices.

12. ASSIGNMENT

All of our rights and obligations under these Business Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer Company s information to any of our affiliates, successor entities, or new owner in connection with such a merger, acquisition, restructuring, or sale of assets.

13. LIMITATION OF LIABILITY

The enclosure parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services (however caused and on any theory of liability, including negligence), even if the enclosure parties have been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the amount you have paid us in the past twelve months. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law

14. INDEMNIFICATION

If anyone brings a claim ("Third-Party Claim") against us related to your actions, information, or content on Enclosure, or any other use of our Services by you, you will, to the maximum extent permitted by applicable law, indemnify, and hold the Enclosure Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information and content provided in connection therewith; (b) your breach of our Terms or applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Third-Party Claim. Your rights with respect to Enclosure are not modified by the foregoing indemnification if the laws of your country or territory of residence, applicable as a result of your use of our Services, do not permit it.

15. OWNERSHIP

The App design of Enclosure Messaging app is owned by Enclosure.

[]