Terms & Condition

Trade Name:

MobiYoddha, MobiYoddha Logo, the names of the individual services and our logo are trademarks of MobiYodhha. You are entitled to display or use, the MobiYodhha trademarks without our prior permission.

Description of the Service:

MobiYoddha is an online service designed to locate your Android phone through our mobile phone tracking feature that will include audio and video of the location. The service charge will be valid as in the details provided when you make a purchase.

Basic Information:

We collect personal information when you register for the MobiYoddha account. We also make use of the data provided by you voluntarily. We use cookies and other technologies to better user experience. The information and data gathered from your device are strictly for our service-related use. We do not sell this data including your email address to third parties, until and unless associated with this app service, which too is within the compliance limits. We do not access your back up. We may use the file system information to provide the necessary technical support.

Usage:

Your personal information provided to us is strictly used for the features and services of the MobiYoddha app. We may use aggregated non-personal information for research and analysis to improve our services and technologies. The personal information will not be shared with third parties and will be solely used by MobiYoddha. The personally identifiable information is shared with third parties, only and only if, they are directly involved in the recovery of the stolen device. The amount of information shared is restricted to what they precisely need for providing the service.

Rules:

The MobiYoddha app service is not meant for unauthorized use or purpose. This service should not go against the rules and laws of your jurisdiction (including but not limited to copyright laws). You agree not to copy, reproduce, exploit, sell, or resell any portion of the MobiYoddha service without written permission from us. We provide technical support through email. MobiYoddha uses third party hosting partners to provide technology to run this app. We may, but have no obligation to remove content and accounts that we determine in our sole discretion are containing unlawful, offensive, threatening, defamatory, pornographic, obscene, libelous, or otherwise objectionable content that violates any party’s intellectual property or these Terms of Service. Verbal, physical, written or any other form of abuse including threats and retribution of any of our employee or member will result in immediate account termination.

Cancellation and Termination:

You can cancel your account at any time. You are solely responsible for the proper cancellation of your account as specified in the app. An email request for the same is also considered as cancellation. All your existing content will be deleted from the service and this cannot be retrieved back once you cancel your account. If you cancel your service before the end of the current paid up month/year/period, your cancellation will be affected immediately and you will not be charged again. MobiYoddha in its sole discretion has the right to suspend or terminate your account without having to provide a reason for doing so. We also have the right to refuse you to provide any current or future use of our service, for any reason at any time. This will result in the immediate deactivation and deletion of your account and access to it resulting in forfeiture and relinquishment of all the account contents. MobiYoddha reserves the right to refuse service for any reason at any time.

Modifications to the Service and Prices (Right to Amend):

MobiYoddha reserves the right to modify, discontinue, change the service (or any part of it), with or without notice, permanently or temporarily. Prices of all services, including but not limited to monthly subscription plan fees to the service, are subject to change upon a month’s notice from MobiYoddha on the site or any publication. MobiYoddha will not be liable to the user or any third-party for any modifications in its service, price change, suspension or discontinuation of its service.

Disclaimer of Warranties:

The MobiYoddha software and service and other third-party software and services associated with us are provided on an “as is” basis, with no warranties whatsoever. The customer agrees and warrants that our product shall not be used in high-risk pursuits that require error-free, permanent operation of the system. MobiYoddha does not warrant or guarantee that this product is fit for use in other high-risk areas.
If the customer finds defects in the provided product, it shall be rectified by MobiYoddha. If the defects cannot be corrected within a reasonable period of time, for any reason whatsoever, the customer can only choose to terminate the agreement. In no event shall any customer ever be entitled to access, or demand access to the source code of MobiYoddha or managed services. If any third-party claims intellectual property rights to MobiYoddha or managed services, they have to immediately provide to us, in written correspondence or in any other form, their claim rights without undue delay. MobiYoddha does not hold itself responsible for customer losses due to such infringement.
All users using MobiYoddha must agree that the use of the product is at their sole risk. MobiYoddha will not be held responsible for any damages to your computer system or loss of data that results from the download or use of our software or services and such third-party software and services. MobiYoddha and our associated third-parties expressly disclaim to the fullest extent permitted by law, but not limited to, all express, implied, and statutory warranties, including, without limitation, the warranty of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights and any warranties regarding the security, reliability, timeliness, and performance of the software and its service including the associated third-party software and services.
In no event shall a disclaiming entity be liable for any lost profits, loss of data, or any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of, in connection with, or relating to this agreement or the services, including without limitation the use of, inability to use, or unavailability of the MobiYoddha services. Under no circumstances will any of the disclaiming entities be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the service or your MobiYoddha account or the information contained therein, or your failure to use or implement security controls that are appropriate for your business.
The disclaiming entities assume no liability or responsibility for any (a) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the MobiYoddha services; (b) any unauthorized access to or use of servers used in connection with the MobiYoddha app services and/or any and all personal information stored therein; (c) any interruption or cessation of transmission to or from the MobiYoddha services; (d) any software bugs, viruses, trojan horses, or other harmful code that may be transmitted to or through MobiYoddha services; (e) any errors, inaccuracies or omissions in any content or information, for any loss or damage incurred as a result of the use of any content or information, in each case posted, emailed, stored, transmitted, or otherwise made available through the MobiYoddha services; and/or (f) user content or the defamatory, offensive, or illegal conduct of any third party.

Disputes: Choice of law, jurisdiction, and venue:

You agree that any disputes arising out of or relating to this Agreement or the MobiYoddha services will be resolved through arbitration and conciliation laws, rules and regulations (as up to date and amended) governed by the Indian laws and constitution as applicable (under Navsari Jurisdiction). This Agreement is governed by the Indian laws without regard to its choice of law provisions. Headings are included in this Agreement for convenience only, and will not be considered in interpreting this Agreement. It will not limit any rights that we may have under trade secret, copyright, patent, or other laws. Our delay or failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision. No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term.

Assignment:

Any rights or licenses granted hereunder may not be transferred or assigned by you without our prior written consent but may be assigned by us without consent or other restriction upon notice to you or where substantially all of MobiYoddha assets are sold. Any attempt by you to assign this Agreement, or any rights or licenses granted herein, without MobiYoddha’s express written consent will be null and void.

Your Privacy:

Privacy and the protection of personal information are very important to us. You acknowledge that you have received, read in full, and agree with the terms of our Privacy Policy, linked to and incorporated into this Agreement by reference, which contains your permission to our collection, use, retention, and disclosure of personal information as well as other matters. The Privacy Policy also explains how and for what purposes we collect, use, retain, disclose, and safeguard the personal information provided to us. You acknowledge that we are required to provide your business name and limited information to financial services providers and other third-parties associated with MobiYoddha software and its services.

Copy Right:

All rights, titles and interest in and to the Software and all copyright rights in and to the Software (including but not limited to any code, images, photographs, logos, animations, video, audio, music, text, and "applets" incorporated into Software), the accompanying printed materials, and any copies of the Software are owned by MobiYoddha, with the understanding that rights, titles and interest in and to certain third party software identified in the accompanying Third Party License Terms are owned by their respective owners. Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material. You may not copy or reproduce any materials accompanying Software. You must produce and include all copyright notices in their original form for all copies created irrespective of the media or form in which Software exists. You may not sub-license, rent, sell, lease or share the MobiYoddha license. You may not reverse engineer, recompile, disassemble, create derivative works, modify, translate, or make any attempt to discover the source code for Software, except as and only to the extent explicitly permitted by the licensing terms, identified in the accompanying Third Party License Terms, governing the use of the third party software.

Third Party License Terms:

Portions of the MobiYoddha Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material and your use of such material are governed by their respective terms.

Technical Support:

Certain technical support features may be offered by MobiYoddha for the license term of the app Software and may include live chat with a technical support consultant and/or assistance from a technical support consultant via remote access. If such features are offered and you choose to access such technical support it shall be governed by the following conditions: any such Technical Support shall be provided in MobiYoddha's sole discretion without any guarantee or warranty of any kind. It is solely your responsibility to complete a backup of all your existing data, software and programs before receiving any Technical Support. In the course of providing the Technical Support, MobiYoddha may determine that the technical issue is beyond the scope of the Technical Support. MobiYoddha reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion.

Limited Warranty:

MobiYoddha does not warrant that app software will be uninterrupted or error free or that the errors will be corrected. MobiYoddha does not warrant that the Software will meet your requirements. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MOBIYODDHA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY MOBIYODDHA. MOBIYODDHA HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, DEVICE FAILURE OR MALFUNCTION FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INTERFERENCE, ACCURACY OF DATA, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS BY FILTERING, DISABLING, OR REMOVING SUCH THIRD PARTY'S SOFTWARE, SPYWARE, ADWARE, COOKIES, EMAILS, DOCUMENTS, ADVERTISEMENTS OR THE LIKE, WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

Disclaimer Of Damages:

Anyone using, testing, or evaluating Software bears all risks related to the quality and performance of the Software. In no event shall MobiYoddha be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of the Software, even if MobiYoddha has been advised of the existence or possibility of such damages.