TERMS OF USE

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These Terms of Use ("Terms") establish the conditions for users ("You") to access and register on the Kuttl website and the Kuttl mobile application, owned and operated by MonoidLabs Private Limited ("Company"). These are collectively referred to as "the App" or “the application”.

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These Terms constitute an electronic record as per the Information Technology Act, 2000 and its applicable rules, created by a computer system, and thus do not require any physical, electronic, or digital signatures.

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Before utilizing or registering on the Kuttl App, or accessing any material through it, please thoroughly read these Terms and the Privacy Policy. By selecting the "Continue" button at the signup page, you acknowledge and agree to be legally bound by these Terms and the Privacy Policy.

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MonoidLabs Private Limited may occasionally update these Terms and the Privacy Policy to reflect changes in our services or legal requirements. We will inform you of any such updates, and you can always find the latest version by checking the "Last Updated" section. Please review these Terms periodically to stay informed. When you accept the updated Terms, it's a way of embracing the changes and continuing your journey with us. Also, when you share your personal information, it helps us tailor our services to your needs, ensuring a better experience on our app.

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1. Services

a. You acknowledge that the app allows You to avail the following services including:

1. Grievance Filing & Tracking: The App enables you to file and track complaints about your purchases, ensuring an improved post-purchase experience.

2. Proactive Alerts: You will receive timely alerts from the App regarding potential delivery issues or fraud risks.

3. Refund Tracking: The App provides a consolidated view and updates on your pending and missed refunds, making refund management efficient.

4. Digital Secure Vault: The App securely stores and encrypts your purchase-related communications, acting as a digital document repository.

5. AI-Driven Assistance: The App uses artificial intelligence to help you manage and review your purchase-related information, providing smart, personalized assistance.

6. Customized User Experience: The App allows you to tailor tracking and organization tools to your preferences, enhancing your personal experience.

7. Privacy and Security Focus: The App prioritizes your privacy and security by ensuring encrypted processing and storage of your personal data.

For detailed information, you can visit Kuttl's website.

b. Provision of Services: By using the App, you acknowledge that Kuttl's services are independent from the companies where you make purchases. Kuttl is an app for organizing and managing your purchases but is not responsible for the actions or services of these external companies. Your transactions with these companies are governed by their respective terms and conditions, and Kuttl holds no liability for any aspect of your interactions with them. The App's role is strictly limited to offering tools and services for purchase organization and management.

 

c. In using the App, you agree to provide honest feedback or reviews about our services when requested by the Company. 

 

d. The Company does not: (i) adopt any ‘unfair trade practices’ either on the app or otherwise with respect to the Services; and (ii) discriminate between Users of the same class or makes any arbitrarily classification of the Users. 

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2. Eligibility to use

a. Access to the App is granted to individuals who are legally competent to enter into a contract as per the Indian Contract Act, 1872. By using the App, you confirm that you have the legal capacity to form a binding contract, are not prohibited from receiving services under applicable laws or by regulatory authorities, and are a resident Indian in accordance with foreign exchange and tax laws of India.

b. We reserve the right to offer our Services exclusively to users who: a) are legally capable of entering into binding contracts, b) have made the representations as stated earlier, and c) meet the criteria set by our internal policies, which we may modify at our discretion. We will communicate any changes to these policies to our users promptly in advance.

c. For security and compliance reasons, each user is permitted to maintain only a single active account on the App. Engaging in activities such as selling, trading, or transferring your account to another individual is strictly prohibited. Similarly, the impersonation of any individual for the purpose of establishing an account on the App is not allowed.

3. User Account, Password and Security 

a. You can explore certain sections of the App without registration. However, to access its full range of services, you must create an account by providing the necessary information as outlined in our Privacy Policy. Once registered, you can access the App by logging in with your account credentials.

b. You are responsible for ensuring that the information in your account is complete, accurate, and up-to-date. In case of any changes to your account information, it is your duty to promptly update this information on the App.

c. If you provide information that is untrue, inaccurate, outdated, or incomplete, or if there is a reasonable suspicion of such, the Company reserves the right to refuse or terminate your access to the Services. It's crucial to maintain the accuracy and currency of your account information.

d. You are responsible for keeping your account information confidential and will be accountable for all activities under your ach. count. You must immediately inform the Company of any unauthorized use of your account or security breaches for us to promptly release advisories to safeguard your data, which may require updating the app & resetting your credentials. We uphold secure standards in all our systems. Hence, the Company is not liable for losses resulting from your failure to safeguard your account information. 

e. You understand that simply removing the App from your device does not result in the termination of your account. For formal de-registration, you are required to complete the process outlined in our terms. Should you wish to have your personal details removed from our records, please do the same via accounts section of the app. We may retain certain information about your account as mandated by applicable laws even after a deletion request, any other data i.e. data in “secure vault” will be deleted immediately. It is important to note that deleting your personal details from the App does not negate any outstanding obligations you may have towards the Company.

4. Use of the app 

a. Subject to compliance with these Terms, the Company hereby grants You a non-exclusive, limited privilege to access and use the app. You agree to use the app only: (a) for purposes that are permitted by the Terms; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the app by the Company or other Users.

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b. You agree to access the Kuttl App solely through the interface provided by MonoidLabs Private Limited. The use of deep-linking, robots, spiders, or any automatic or manual process to access, acquire, copy, or monitor any part of the App or its content is prohibited. You must not attempt to bypass the navigational structure or presentation of the App to access information not explicitly made available through it.

 

c. Your responsibility includes maintaining the required computer equipment, mobile device, and internet connection needed to access, use, and carry out transactions on the app.

 

d. The Company grants you a non-exclusive, revocable (at the Company's discretion), and non-transferable right to view the Content on the app, subject to these conditions:

1. Content access is limited to personal or informational use, consistent with the Terms.

2. Modifying or altering app Content is prohibited.

3. Distributing, copying, reproducing, selling, renting, leasing, licensing, or sharing Content with others is not allowed.

4. Removing any text, copyright, or proprietary notices from downloaded Content is forbidden.

5. Using the app is intended for personal purposes only. By using the app, you implicitly consent to automatically receive updates, including bug fixes, patches, enhanced functions, missing plug-ins, and new versions (collectively referred to as ‘Updates’), which are essential for the effective delivery of Services. Be aware that your continued use of the app after these Updates signifies your deemed acceptance of them.

e. Intellectual Property Rights 

1. The app, including its processes and their selection and arrangement, encompassing all text, generated reports, videos, graphics, user interfaces, visual interfaces, sounds, music (if any), artwork, computer code, and any combination thereof, as well as user-uploaded information and materials parsed from users' linked email accounts by the Company (collectively referred to as the “Content”), is owned and controlled by the Company. The design, structure, selection, coordination, expression, appearance, and arrangement of this Content are safeguarded by copyright, patent, and trademark laws, as well as other intellectual property rights. You are not authorized to replicate, distribute, create derivative works from, display, or commercially exploit the Content, features, or facilities, either directly or indirectly, without the Company's explicit written consent. Should you wish to request permission for any specific Content, you may contact the Company as outlined in these Terms.

2. The trademarks, logos, and service marks visible on the app ("Marks") are owned by the Company or by respective third parties, as applicable. You are not allowed to use these Marks without prior consent from either the Company or the third-party owners of the Marks.

3. You acknowledge and agree that if the Company believes you have infringed on any of its intellectual property rights, it reserves the right to employ any legal remedies available under applicable laws.

 

f. Disclaimers of Warranties and Liabilities

You expressly understand and agree that, to the maximum extent permitted by applicable law that:

1. The Company provides the app and other Content on an "as is" basis, without any warranty of any kind, whether express, implied, statutory, or otherwise. This includes, but is not limited to, implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. The Company does not guarantee that (i) the app or Services will meet your requirements, or your use of the app will be uninterrupted, timely, secure, or error-free; (ii) the results obtained from using the app will be effective, accurate, or reliable; and (iii) any errors or defects in the app will be corrected. It is also clarified that no oral or written advice or information obtained by you from the Company will constitute a warranty not expressly stated in the Terms.

2. The Company disclaims any liability related to any Content that may arise under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. Additionally, the Company denies all liability concerning the misuse, loss, modification, or unavailability of any Content.

3. The Company will not bear any responsibility for losses you may suffer due to unauthorised use of your account or account information on the app, regardless of whether this occurs with or without your knowledge.

4. The Company has made efforts to ensure that all information on the app is accurate, but it does not guarantee or represent the quality, accuracy, or completeness of any data or information related to the Services or otherwise. The Company is not liable for any delays or inability to use the app or its functionalities, nor for the provision or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the app. This applies to all circumstances, whether based on contract, tort, negligence, strict liability, or otherwise. Additionally, the Company is not responsible for the app's non-availability during routine maintenance or unplanned suspensions of access due to technical issues or reasons beyond the Company’s control. You acknowledge and agree that any material or data downloaded or otherwise obtained through the app is at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data resulting from such downloads.

5. These Terms are specifically designed for Users within India and govern your rights as per the applicable laws within India. However, if you are subject to a jurisdiction outside of Indian law, the Company will not be liable for any claims, actions, or rights you may initiate or exercise under the laws of that jurisdiction. Therefore, it is advised that you use the app in accordance with the legal framework applicable to your location.

 

g. Indemnification and Limitation of Liability

1. You agree to indemnify, defend, and hold harmless the Company and its affiliates, including but not limited to its officers, directors, consultants, agents, representatives, and employees ("Indemnitees"), from all losses, liabilities, claims, damages, demands, costs, and expenses (including reasonable legal fees) that may arise from any breach or non-performance of any representation, warranty, covenant, or agreement made by you, or any obligation to be performed by you according to these Terms and/or the Privacy Policy. Additionally, you agree to protect the Indemnitees against any claims made by a third party resulting from your use of the app, any misrepresentation of data or information provided by you, your breach of the Terms and/or the Privacy Policy, your violation of applicable laws, or your infringement of any other party's rights, including intellectual property rights.

2. In no circumstance shall the Company, including its officers, partners, consultants, agents, and employees, be liable to you or any third party for any special, incidental, indirect, consequential, or punitive damages of any kind, arising from or related to your use of or access to the app or the Content on the app. The limitations and exclusions mentioned in this section are enforced to the fullest extent allowed by applicable laws.

 

h. Infringement of Intellectual Property

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If you believe that the app infringes upon your intellectual property rights, you must quickly inform the Company in writing at company@kuttl.in. This notification should be made either by the intellectual property owner or an agent authorized to act on their behalf. Be aware that making a false claim can lead to the termination of your access to the app. When submitting your notice, you must include the following details:

1. the intellectual property that You believe is being infringed;

2. the item that You think is infringing and include sufficient information about where the material is located on the app;

3. a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the app; 

4. Your contact details, such as Your address, telephone number, and/or email; 

5. a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner, or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and 

6. Your physical or electronic signature.

 

i. Violation of the Terms 

You acknowledge that any breach of these Terms by you will be considered an unlawful and unfair business practice, which will cause irreparable damage to the Company. In such cases, monetary compensation may not be sufficient. Consequently, you agree to the Company seeking any injunctive or equitable relief they consider necessary or appropriate under these circumstances. These remedies are supplementary to any other legal or equitable remedies the Company may have.

 

j. Suspension and Termination 

1. These Terms remain effective until terminated by either you or the Company as follows. If you disagree with the Terms or are unsatisfied with the app, your sole options are to (i) close your account on the app, and/or (ii) cease accessing the app.

2. The Company may remove you or restrict your future access to the app, or suspend or terminate your accountfl, if it determines, at its sole and absolute discretion, that you have violated, breached, misused, or unethically manipulated or exploited any term of these Terms or the Privacy Policy, or acted unethically in any other way. These Terms will continue indefinitely unless the Company decides to terminate them, regardless of any action in this clause.

3. If either you or the Company terminates your use of the app, the Company may remove any content or materials related to you, and will not be liable to you or any third party for such action. However, the Company may retain your transaction details for tax or regulatory compliance purposes.

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k. Governing Law and Jurisdiction

These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at Bangalore, Karnataka, India. 

 

l. Report Abuse

If you encounter any abuse or violation of these Terms, or if you come across any objectionable content on the app, you are encouraged to report it to the specified email address: company@kuttl.in

 

m. Communications

You hereby expressly agree to receive communications by way of calls (including using pre-recorded messages or artificial voice), SMS, emails and/or WhatsApp from the Company and other third parties duly authorized by the Company. You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that You have provided to Us are Your own and are true, accurate, current and complete. You agree to notify Us whenever You stop using a particular telephone number(s) and/or email address(es). You can unsubscribe or opt-out from receiving communications through calls, SMS, e-mail, and WhatsApp anytime by writing to Us at company@kuttl.in and in such cases, the Company will only send You communications solely required for the purposes of the Services provided through the app.

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n. Grievance Redressal Mechanism

1. Grievance Handling: If You have any grievances, or complaints or concerns with respect to the app, the Content, or the Services, You can contact the designated Grievance Officer of the Company, namely, Varunesh Kumar, at varunesh@kuttl.in

2. By lodging a complaint or grievance, You agree to provide complete support to the Grievance Officer and such reasonable information as may be sought by them from You. 

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o. General Provisions

Here's a summary of these key points:

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1. Principal-to-Principal Relationship: Services on the app are provided on a principal-to-principal basis between you and the Company. This relationship does not imply or establish any principal and agent, employer and employee, partnership, joint venture, co-ownership, or joint undertaking relationship, nor does it designate one party as a representative of the other for any purpose.

2. Notice: The Company will communicate notices to you via email to your registered email address or through general notifications on the app.

3. Assignment: You are not permitted to assign or transfer your rights under these Terms to any third party. Conversely, the Company can freely transfer its rights under these Terms to any third party without needing your consent.

4. Severability: If any provision of the Terms is found unenforceable by a competent court, that provision will be enforced to the fullest extent possible to reflect the parties' intent, while the rest of the Terms remain in full effect.

5. Waiver: Any failure by the Company to enforce or exercise a provision of the Terms or any related right does not constitute a waiver of that provision or right.

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