This End User License Agreement (the “Agreement”) is a
binding agreement between you (“End User”,“you” or “your”)
and Global Dance Tube India Pvt. Ltd. (“Company”, “we”,
“us” or “our”). This Agreement governs the relationship
between you and us, and your use of the Company Godatu.
Throughout this Agreement, End User and Company may each
be referred to as a “Party” or collectively, the
“Parties”.
If you are using the app on behalf of your employer or
other entity (an “Organisation”) for whose benefit you
utilise the app or who owns or otherwise controls the
means through which you utilise or access the app, then
the terms “End User”, “you”, and “your” shall apply
collectively to you as an individual and to the
Organisation. If you use, or purchase a license or to, the
app on behalf of an Organisation, you hereby acknowledge,
warrant, and covenant that you have the authority to 1)
purchase a license to the app on behalf of the
Organisation; 2) bind the Organisation to the terms of
this Agreement.
By downloading, installing, accessing, or using the app
you: (a) affirm that you have all of the necessary
permissions and authorisations to access and use the app;
(b) if you are using the app pursuant to a license
purchased by an organisation, that you are authorised by
that organisation to access and use the app(c) acknowledge
that you have read and that you understand this agreement;
(d) represent that you are of sound mind and of legal age
(18 years of age or older) to enter into a binding
agreement; and (e) accept and agree to be legally bound by
the terms and conditions of this agreement.
If you do not agree to these terms, do not download,
install, access, or use the software. if you have already
downloaded the software, delete it from your computing
device.
The Application is licensed, not sold, to you by Godatu
for use strictly in accordance with the terms of this
Agreement.
Subject to the terms of this Agreement and, if applicable, those terms provided in the License Agreement, Godatu grants you a limited, non-exclusive, perpetual, revocable, and non-transferable license to:
You agree not to, and you will not permit others to:
All intellectual property rights, including copyrights,
patents, patent disclosures and inventions (whether
patentable or not), trademarks service marks, trade
secrets, know-how and other confidential information,
trade dress, trade names, logos, corporate names and
domain names, together with all of the good will
associated there with, derivative works and all other
rights (collectively, “Intellectual Property Rights”) that
are part of the Software that are otherwise owned by
Godatu shall always remain the exclusive property of
Godatu (or of its suppliers or licensors, if and when
applicable). Nothing in this Agreement grants you (or any
Organisation) a license to Intellectual Property
Rights.
You agree that this is Agreement conveys a limited license
to use Intellectual Property Rights, solely as part of the
Software (and not independently of it), and only for the
effective Term of the license granted to you hereunder.
Accordingly, your use of any of Intellectual Property
Rights independently of the Software or outside the scope
of this Agreement shall be considered an infringement of
Intellectual Property Rights. This shall not limit,
however, any claim Godatu may have for a breach of
contract in the event you breach a term or condition of
this Agreement. You shall use the highest standard of care
to safeguard all Software (including all copies thereof)
from infringement, misappropriation, theft, misuse or
unauthorised access. Except as expressly granted in this
Agreement, Godatu reserves and shall retain all rights,
title, and interest in the Software, including all
copyrights and copyrightable subject matter, trademarks
and trademark able subject matter, patents and patentable
subject matter, trade secrets, and other intellectual
property rights, registered, unregistered, granted,
applied-for, or both now in existence or that may be
created, relating to the thereto.
You (or the
Organisation, if and as applicable) shall retain ownership
of all Intellectual Property Rights in and to the work
products that you create through or with the assistance of
the Software.
Godatu will collect personal information that you submit to us. We may also receive personal information about you from third parties as described above.
Any feedback, comments, ideas, improvements or suggestions
(collectively, "Suggestions") provided by you to Godatu
with respect to the Application shall remain the sole and
exclusive property of Godatu.
Godatu shall be free to use, copy, modify, publish, or
redistribute the Suggestions for any purpose and in any
way without any credit or any compensation to you.
Godatu reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Godatu may from time to time provide enhancements or
improvements to the features/ functionality of the
Application, which may include patches, bug fixes,
updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or
functionalities of the Application. You agree that Godatu
has no obligation to (i) provide any Updates, or (ii)
continue to provide or enable any particular features
and/or functionalities of the Application to you. You
further agree that all Updates will be (i) deemed to
constitute an integral part of the Application, and (ii)
subject to the terms and conditions of this Agreement.
The Application may display, include or make available
third-party content (including data, information,
applications and other products services) or provide links
to third-party websites or services ("Third- Party
Services").
You acknowledge and agree that Godatu shall not be
responsible for any Third-Party Services, including their
accuracy, completeness, timeliness, validity, copyright
compliance, legality, decency, quality or any other aspect
thereof. Godatu does not assume and shall not have any
liability or responsibility to you or any other person or
entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely
as a convenience to you and you access and use them
entirely at your own risk and subject to such third
parties' terms and conditions.
This Agreement shall remain in effect until terminated by
you or Godatu.
Godatu may, in its sole discretion, at any time and for
any or no reason, suspend or terminate this Agreement with
or without prior notice.
This Agreement will
terminate immediately, without prior notice from Godatu,
in the event that you fail to comply with any provision of
this Agreement. You may also terminate this Agreement by
deleting the Application and all copies thereof from your
computer.
Upon termination of this Agreement, you shall cease all
use of the Application and delete all copies of the
Application from your computer.
Termination of this
Agreement will not limit any of rights or remedies at law
or in equity in case of breach by you (during the term of
this Agreement) of any of your obligations under the
present Agreement.
You agree to indemnify, defend and hold harmless Godatu and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: i) your use or misuse of the Software; ii) your failure to comply with any applicable law, regulation, or government directive; iii) your breach of this Agreement; or iv) your agreement or relationship with an Organisation (if applicable) or any third party. Furthermore, you agree that Godatu assumes no responsibility for the information or content you submit or make available through this Software or the content that is made available to you by third parties.
The Application is provided to you "AS IS" and "AS
AVAILABLE" and with all faults and defects without
warranty of any kind. To the maximum extent permitted
under applicable law, Godatu, on its own behalf and on
behalf of its affiliates and its and their respective
licensors and service providers, expressly disclaims all
warranties, whether express, implied, statutory or
otherwise, with respect to the Application, including all
implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement, and
warranties that may arise out of course of dealing, course
of performance, usage or trade practice. Without
limitation to the foregoing, Godatu provides no warranty
or undertaking, and makes no representation of any kind
that the Application will meet your requirements, achieve
any intended results, be compatible or work with any other
software, applications, systems or services, operate
without interruption, meet any performance or reliability
standards or be error free or that any errors or defects
can or will be corrected.
Without limiting the foregoing, neither Godatu nor any
provider makes any representation or warranty of any kind,
express or implied: (i) as to the operation or
availability of the Application, or the information,
content, and materials or products included thereon; (ii)
that the Application will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any
information or content provided through the Application;
or (iv) that the Application, its servers, the content, or
e-mails sent from or on behalf of Godatu are free of
viruses, scripts, trojan horses, worms, malware, time
bombs or other harmful components.
Some jurisdictions do not allow the exclusion of or
limitations on implied warranties or the limitations on
the applicable statutory rights of a consumer, so some or
all of the above exclusions and limitations may not apply
to you.
Notwithstanding any damages that you might incur, the
entire liability of Godatu and any of its suppliers under
any provision of this Agreement and your exclusive remedy
for all of the foregoing shall be limited to the amount
actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no
event shall Godatu or its suppliers be liable for any
special, incidental, indirect, or consequential damages
whatsoever (including, but not limited to, damages for
loss of profits, for loss of data or other information,
for business interruption, for personal injury, for loss
of privacy arising out of or in any way related to the use
of or inability to use the Application, third-party
software and/or third-party hardware used with the
Application, or otherwise in connection with any provision
of this Agreement), even if Godatu or any supplier has
been advised of the possibility of such damages and even
if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so the
above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Godatu reserves the right, at its sole discretion, to
modify or replace this Agreement at any time. If a
revision is material we will provide at least 30 days'
notice prior to any new terms taking effect. What
constitutes a material change will be determined at our
sole discretion.
By continuing to access or use our Application after any
revisions become effective, you agree to be bound by the
revised terms. If you do not agree to the new terms, you
are no longer authorized to use the Application.
The laws of India, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
We reserve the exclusive right to make changes to this
Agreement from time to time. Your continued access to and
use of the app constitutes your agreement to be bound by,
and your acceptance of, the terms and conditions posted at
such time. You acknowledge and agree that you accept this
Agreement (and any amendments thereto) each time you load,
access, or use the app. Therefore, we encourage you to
review this Agreement regularly.
If, within thirty (30) days of us posting changes or
amendments to this Agreement, you decide that you do not
agree to the updated terms, you may withdraw your
acceptance to the amended terms by providing us with
written notice of your withdrawal. Upon providing us with
the written notice of the withdrawal of your acceptance,
you are no longer authorised to access or use the app.
No provision of this Agreement, or any part of relationship between you and Godatu, is intended to create nor shall they be deemed or construed to create any relationship between you and Godatu other than that of and end user of the app and services provided.
You acknowledge and agree that your breach of this Agreement would cause Godatu irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Godatu may be entitled, you acknowledge and agree that we may seek injunctive relief to prevent the actual, threatened or continued breach of this Agreement.
The headings in this Agreement are for reference only and shall not limit the scope of, or otherwise affect, the interpretation of this Agreement.
The Company is based in India and provided for access and use primarily by persons located in India, and is maintains compliance with India laws and regulations. If you use the app from outside India, you are solely and exclusively responsible for compliance with local laws.
Any cause of action or claim you may have arising out of or relating to this agreement or the app must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
The Agreement constitutes the entire agreement between you
and Godatu regarding your use of the Application and
supersedes all prior and contemporaneous written or oral
agreements between you and Godatu.
You may be subject to additional terms and conditions that
apply when you use or purchase other services, which
Godatu will provide to you at the time of such use or
purchase.
Don't hesitate to contact us if you have any questions. Via Email: [email protected]