KINDLY REVIEW THESE TERMS THOROUGHLY PRIOR TO UTILIZING THE APPLICATION
This document represents a legally enforceable contract between you (designated as "User," "You," or "Your") and Codebrik Infotech Pvt Ltd (designated as "Company," "We," "Us," or "Our"), regulating the access and utilization of Infinity, a communication and messaging platform ("Application" or "App"). By accessing or utilizing our Application, you confirm that you have reviewed, comprehended, and consent to be governed by these Terms and Conditions ("Terms").
1. Acceptance of Terms
To consent to these Terms, you must have reached the legal age necessary to enter into a binding agreement under relevant Indian legislation. Your acceptance of these Terms takes place when you select the acceptance option, mark the acceptance checkbox, or begin utilizing the Application. Should you object to any clause within these Terms, you must cease using the Application without delay.
2. User Registration
Registration for the Application necessitates supplying your active mobile telephone number. If your mobile number is modified, you may revise it using the in-app number modification feature. Through registration, you authorize us to send verification codes via text messages and telephone calls from us or our designated service providers. Upon registration, you pledge to: (a) provide genuine, precise, current, and comprehensive information; and (b) preserve and swiftly update your registration information to guarantee it remains precise and comprehensive continuously.
3. Application Functionalities
The Application presently provides the following functionalities exclusively within India: individual voice and video communication; private messaging between users; and file transfer capabilities encompassing images, videos, and voice recordings. We maintain the authority to alter, broaden, or limit these functionalities at our sole discretion.
4. Alterations and Upgrades
You recognize that Codebrik Infotech Pvt Ltd maintains the authority to alter the Application, including incorporating new functionalities or removing existing ones, at any moment without advance notification. To guarantee optimal performance and access to improved functionalities, you may be obligated to download and implement updates as they are released.
5. Restricted Conduct
In addition to adherence with all other clauses herein, you commit not to: (i) distribute access to the Application with unapproved third parties; (ii) create or provide services derived from the Application without explicit written permission; (iii) participate in conduct that could damage, disable, overburden, or compromise Application performance; (iv) contravene any relevant local, state, national, or international regulations, including Indian legislation; (v) communicate content that is illegal, obscene, libelous, menacing, harassing, discriminatory, or encourages unlawful activities including violent behavior; (vi) endeavor to reverse engineer, decompile, dismantle, or derive source code from the Application; (vii) circulate false information, misstatements, or misleading content; (viii) masquerade as other persons or entities; (ix) participate in automated messaging, mass communications, or spam dissemination; and (x) violate intellectual property rights or other proprietary rights of third parties.
6. External Integrations
The Application may enable access to or interaction with external applications, websites, or services ("Third-Party Services"). Your interaction with such Third-Party Services is regulated by their individual terms of service and privacy policies. We accept no accountability for the content, performance, or practices of these Third-Party Services.
7. User-Generated Content
You hold exclusive responsibility for all content transmitted, uploaded, stored, or distributed through the Application, encompassing messages, images, videos, voice recordings, and files ("User Content"). You affirm and guarantee that you hold all requisite rights to distribute such User Content and that doing so does not violate third-party rights. Codebrik Infotech Pvt Ltd assumes no responsibility for any errors, omissions, or damages stemming from User Content. By utilizing the Application, you provide Codebrik Infotech Pvt Ltd a worldwide, non-exclusive, royalty-free, sublicensable, and transferable authorization to process and transmit User Content exclusively for the purpose of delivering Application services. You preserve full ownership of your User Content and all related proprietary rights.
8. Privacy and Information Security
Your personal data is managed in conformity with our Privacy Policy, which constitutes an essential component of these Terms. By utilizing the Application, you authorize our data handling practices as outlined therein. You are accountable for preserving the confidentiality of your account credentials and device protection. You bear responsibility for all activities transpiring under your account. In the event of unauthorized access or questionable activity, immediately inform us at support@3cmessenger.com. We reject liability for losses stemming from unauthorized account access.
9. Indemnity
You consent to protect, indemnify, and hold blameless Codebrik Infotech Pvt Ltd, its officers, directors, employees, representatives, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenditures (including attorney fees) stemming from or connected to: your contravention of these Terms; your violation of third-party rights; your breach of applicable regulations; or any other claim stemming from your utilization of the Application.
10. Liability Constraints
TO THE FULLEST EXTENT AUTHORIZED BY RELEVANT LAW, CODEBRIK INFOTECH PVT LTD SHALL NOT BE ACCOUNTABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ENCOMPASSING BUT NOT RESTRICTED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, STEMMING FROM YOUR UTILIZATION OF OR INCAPACITY TO UTILIZE THE APPLICATION, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF THE POTENTIAL FOR SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL OUR AGGREGATE LIABILITY SURPASS INR 5,000 (INDIAN RUPEES FIVE THOUSAND ONLY).
11. Warranty Disclaimer
THE APPLICATION IS FURNISHED "AS IS" AND "AS AVAILABLE" WITHOUT GUARANTEES OF ANY NATURE, EXPRESS OR IMPLIED. CODEBRIK INFOTECH PVT LTD EXPLICITLY REJECTS ALL WARRANTIES ENCOMPASSING MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, NON-INFRINGEMENT, AND ABSENCE FROM ERRORS OR VIRUSES. WE DO NOT ASSURE CONTINUOUS, SECURE, OR ERROR-FREE FUNCTIONALITY. ANY CONTENT RETRIEVED OR ACQUIRED THROUGH THE APPLICATION IS AT YOUR SOLE RISK. NO GUIDANCE OR INFORMATION FROM CODEBRIK INFOTECH PVT LTD SHALL ESTABLISH ANY GUARANTEE NOT SPECIFIED IN THESE TERMS.
12. Account Restriction and Closure
We maintain the authority to suspend or close your account, or limit access to the Application, under the following situations: (a) violation of these Terms; (b) demands from law enforcement or government agencies; (c) voluntary account removal request by you; (d) discontinuation or substantial alteration of the Application; or (e) suspected illegal activity. To challenge any suspension or closure, contact support@3cmessenger.com within thirty days of notification. Beyond this timeframe, suspended accounts may be permanently closed, resulting in erasure of all related data, including account credentials and preserved information.
13. Proprietary Rights
Infinity, encompassing its logo, design components, and related trademarks, are the sole property of Codebrik Infotech Pvt Ltd. Unauthorized utilization, duplication, or exhibition of these intellectual property assets is expressly forbidden without prior written authorization.
14. Conflict Resolution
Any disagreement, controversy, or claim stemming from or connected to these Terms or the Application shall be settled through binding arbitration in conformity with the Arbitration and Conciliation Act, 1996, as revised. Arbitration shall be performed individually; class arbitration or consolidated proceedings are prohibited. The arbitrator's determination shall be conclusive and binding. Arbitration proceedings shall be conducted in Ahmedabad, India, and the decision may be executed in any court of appropriate jurisdiction. Notwithstanding the preceding, Codebrik Infotech Pvt Ltd may pursue injunctive relief in any court of appropriate jurisdiction.
15. Applicable Law
These Terms shall be regulated by and interpreted in conformity with the laws of India, without consideration to conflict of law principles. Any legal actions shall be subject to the sole jurisdiction of courts in Ahmedabad, India.
16. Term Modifications
We may modify these Terms at any moment by publishing revised Terms within the Application or by informing you via the email address linked with your account. Your persistent utilization of the Application subsequent to any modifications represents acceptance of the amended Terms. We suggest examining these Terms regularly for revisions.
17. Divisibility
If any clause of these Terms is considered invalid, unlawful, or unenforceable by a court of appropriate jurisdiction, such clause shall be amended to the minimum degree necessary to render it enforceable, or eliminated if amendment is not feasible, while the remaining clauses persist in complete force and effect.
18. Contact Details
For inquiries concerning these Terms, please contact us at support@3cmessenger.com. For reporting misuse or unauthorized activity, please correspond to support@3cmessenger.com.