Term and Condition

“FANCALL PRIVATE LIMITED” may, in its sole discretion, modify, restrict, change, or otherwise alter these terms in whole or in part, impose limits on certain features or restrict the user’s access to part or all of this application/ Website. By continuing to access and use this application/Website; the user will be confirming his/her consent to, agreement with, and understanding of, such modifications, changes, or alterations.

THE END-USER AGREEMENT

This user agreement is a legal agreement between you(the user) and “FANCALL PRIVATE LIMITED” (Licensor, us, or we) for: Version and above as updated from time to time mobile application software.

We license the use of this App and Documents to you on the basis of this Agreement and subject to any rules or policies applied by the Google Android application store from whose site, located at https://play.google.com/store/apps?pli=1 (Appstore), the user downloaded the App (App Store Rules). We also follow Apple store rules and policies as available on the apple store. (https://www.apple.com/in/ios/app-store/ ), We use YOUTUBE API SERVICES, and by using YouTube content, you are agreeing to be bound to YouTube’s Terms of Services (https://www.youtube.com/t/terms) and Google Privacy Policy (https://policies.google.com/privacy ).

We do not charge any cost for the download of this App. The charges for making a call shall apply. The user hereby confirms that he/she shall be charged with the internet usage charges in accordance with its plan with its Service Provider.

We do not sell the App or Documents to you. We and/or the owners of the App and Documents remain the owners of the App and Documents at all times.

This Agreement is a valid legal document hereby; the user confirms that he/she is not declared as ‘Incompetent to Contract’ which inter alia includes insolvents as described by the Indian Contract Act, 1872.

NATURE OF SERVICE

• This App is intrinsically designed for providing a platform so that the users/fans can communicate with the YOUTUBERS.
• IN NO EVENT, we shall be held responsible for any legal consequences arising as a result of any update/post/sharing of any information/material by you on this App.
• WE are providing any audio or video call facility through this App. However, our app is designed for the following purpose:
  1. ONLINE PLATFORM is created to provide a platform for communication between Youtubers and their Fans/users. The main concept of providing the said service is to provide a platform for interaction between Youtubers and their Fans.
  2. The YOUTUBER is engaged in creating online content and uploading YouTube videos and wishes to connect with its followers/fans.

TERMS AND CONDITIONS

1. The terms of this Agreement apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source license may override some of the terms of this Agreement.
2. We may change these terms at any time by sending you an SMS/notification with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
3. From time to time updates to the App may be issued through the Appstore and play store.  Depending on the update, you may not be able to use the Services efficiently until you have downloaded or streamed the latest version of the App and accepted any new terms.
4. You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices.
5. You accept responsibility in accordance with the terms of this Agreement for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
6. By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware, and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
7. he App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
8. The App/ website may contain links or contact/ details about the YouTuber, these are third parties that may or may not be in direct contact with us, therefore before proceeding and contacting them or visiting office users must do a prior background check. We shall not be liable for any interaction held between the Youtuber and User.
9. Any words following the terms including include, in particular, or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
10. Our services are designed to promote and provide quality services. Our Application offers the service of Fan/user being able to connect with their favorite/famous Youtuber facilities (As available and applicable). In case of involvement of a third party as and when needed we are not and shall not be responsible for any kind of concern related to Third-party breach/fraud etc. We just provide facilitation service to the User through our app. Notwithstanding anything to the contrary contained herein, Third Party alone shall be responsible/ liable for dealings and interaction with the Users who avail the services of the third party. We do not guarantee or make any representation with respect to the correctness, completeness, or accuracy of the services and directions given by the third party.

GRANT AND SCOPE OF LICENCE

In consideration of your agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive license to use the App on the Devices, subject to these terms, the Privacy Policy, and the App Store Rules, incorporated into this Agreement by reference. We reserve all other rights.

You may: download or stream a copy of the App onto an Android device and view, use, and display the App on the Devices for your personal purposes only; and use the Documents for your personal purposes only.

LICENSE RESTRICTIONS

Except as expressly set out in this Agreement or as permitted by any local law, you agree not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security; not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents; not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs; not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the App with another software program, and provided that the information obtained by you during such activities: is used only for the purpose of achieving interoperability of the App with another software program; is not unnecessarily disclosed or communicated without our prior written consent to any third party; and is not used to create any software that is substantially similar to the App; to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App; to include our copyright notice on all entire and partial copies you make of the App on any medium; not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology), together Licence Restrictions.

ACCEPTABLE USE RESTRICTIONS

You must not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system; not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service(to the extent that such use is not licensed by this AGREEMENT); not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service; not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all Intellectual Property Rights in the App, the Documents, and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this Agreement.

You acknowledge that you have no right to have access to the App in source-code form.

FANCALL COMMUNITY GUIDELINES

Fancall was created to bridge the gap between brands, YouTubers, and their fans. Fancall’s Community Guidelines are intended to further that goal by providing general guidance and explaining what is and isn’t allowed on Fancall. They are not intended to comprehensively identify every type of inappropriate or unlawful conduct or content. Users should be guided by common sense and an expectation that they should treat their fellow users with respect.

These Community Guidelines apply to your access to and use of the Fancall app and any services offered by Fancall (collectively, the “Services”). Fancall reserves the right to revise these Community Guidelines at any time for any reason and updates will be posted to the Services. These Community Guidelines are in addition to the Fancall Terms of Service, which also apply to your access to and use of the Services.

Fancall reserves the right to ban (temporarily or permanently) or take other appropriate action with or without notice with respect to any user that engages in conduct that Fancall determines, in its sole discretion, to be inappropriate or harmful, whether or not such conduct is identified below.

If you encounter conduct or content on the Services that you believe violates any of the guidelines below or if you have other safety concerns about the Services, please contact Fancall at support@fancall.in and include “Fancall-Safety” in the subject line. While Fancall is not responsible to you as a user for enforcing these Community Guidelines, reports of violations are helpful to Fancall.

• Violations of the Law. You must comply with all applicable local, national and international laws while using the Services. Any content, activity or conduct featuring, encouraging, offering, or soliciting illegal activity or content is prohibited. Fancall reserves the right to report any such violations to law enforcement.
• Ban Circumvention. Any attempt to circumvent a ban, whether temporary or permanent, is prohibited.
• Violence and Threats. Threats of violence or threats to harm others are strictly prohibited. This includes threats to physically harm others, attempts to intimidate others, terroristic threats, threats to obtain or disclose personal information or private content of others or threats intended to force another user to engage in unwanted or inappropriate conduct.
• Hateful Conduct and Harassment. Conduct and content that attacks or denigrates others based on characteristics such as race, ethnicity, gender, sexual orientation, gender identity, immigration status, disability or national origin is prohibited. Harassment of any kind, including without limitation unwelcome sexual advances and solicitations, malicious false reporting of other users, and personal attacks, are prohibited.
• Nudity, Pornography, and Sexually Explicit Conduct and Content. Nudity, pornography and sexually explicit conduct and content are prohibited. Content or conduct that threatens or promotes sexual violence or exploitation are strictly prohibited on any portion of the Services and may be reported to law enforcement.
• Conduct or Content Involving Minors. All conduct or content that exploits, sexualizes or endangers the safety of minors in any way is strictly prohibited on any of the Services.
• Unauthorized Sharing of Private Information. Respect the privacy of others. Do not attempt to obtain or share content that may reveal private personal information about individuals without their permission.
• Impersonation. Impersonating someone else or attempting to deceive other users about who you are (including by providing false information) is prohibited.
• Self-Harm. Conduct or content that glorifies encourages or promotes self-harm is prohibited.
• Animal Cruelty. Conduct or content that involves or promotes harm or cruelty to animals is prohibited.
• Bots. Use of bots of any kind to access or use the Services is prohibited.

Refund policy

In-app purchases are only refundable in fancall credits. For any other type of refunds, Fancall follows a no-refund policy for all in-app purchases.

What are the analysis services and plugins we use:

1. Use of Google Analytics:
   We use the web analysis services by Google Analytics, which helps us in processing the data and analyzing our visitors. Google uses this data to evaluate the website and to compile reports on website and internet use which helps us to serve you better. Google Analytics uses cookies and the information generated regarding your use is transferred to a Google server in the USA and stored there. You can also prevent the collection of the data (including your IP address) generated by the cookies and related to your use of the website by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available at the following link [https://tools.google.com/dlpage/gaoptout?hl=en], we request you to go through their website and their privacy policy and terms of use to know more.
   As we are using the Google services the terms and conditions mentioned in google’s privacy policy are also applicable, to know further about the policies please go through: https://policies.google.com/privacy.
2. Use of YouTube’s LLC’s function:
   We use YouTube LLC’s function for the embedding of YouTube videos. Please ensure that “advanced privacy mode” is enabled to prevent YouTube from storing information on visitors to the website. For more details about it, you are requested to visit their site and go through their privacy policy.
   We use YouTube API Services therefore the terms and conditions as mentioned in google’s privacy policy are also applicable, to know further about the policies please go through:https://www.youtube.com/t/terms

NO WARRANTY OR SUPPORT

1. You expressly acknowledge and agree that the use of the App and any Documents and Services provided is at your sole risk and that the entire risk as to the satisfactory quality, performance, accuracy, and effort is with you.
2. To the maximum extent permitted by applicable law, the App and Documents and Services are provided “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the App, Documents and Services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant interference with your enjoyment of the App or Documents, that the functions contained in the App or Services will meet your requirements, that the operation of the App or Services will be uninterrupted or error-free, or that defects in the App or Services will be corrected. No oral or written information or advice given by us or our authorized representative shall create a warranty. Should the App or Services prove defective, you assume the entire cost of all necessary servicing, repair, or correction.
3. Limitation of liability
   You acknowledge that the App has not been developed to meet your individual requirements and that it is, therefore, your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
4. We only supply the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business, or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5. Nothing in this AGREEMENT shall limit or exclude our liability for death or personal injury resulting from our negligence; fraud or fraudulent misrepresentation; and any other liability that cannot be excluded or limited by Indian Law.

TERMINATION

1. We may terminate this AGREEMENT immediately by written notice to you: if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and thirty days notice.
2. On termination for any reason: all rights granted to you under this AGREEMENT shall cease; you must immediately cease all activities authorized by this AGREEMENT; you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.

COMMUNICATION

If you wish to contact us in writing, or if any condition in this AGREEMENT requires you to give us notice in writing, you can send this to us by e-mail at fancallind@gmail.com We will confirm receipt of this by contacting you in writing, normally by email.

If we have to contact you or give you notice in writing, we will do so by e-mail to the email address you provide to us in your request for the App.

EVENTS OUTSIDE OUR CONTROL

1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this AGREEMENT that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
2. If an Event Outside Our Control takes place that affects the performance of our obligations under this AGREEMENT: our obligations under this AGREEMENT will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control, and we will use our reasonable endeavors to find a solution by which our obligations under this AGREEMENT may be performed despite the Event Outside Our Control.

OTHER IMPORTANT TERMS

1. We may not transfer our rights and obligations under this AGREEMENT to another organization, but this will not affect your rights or our obligations under this AGREEMENT.
2. You may only transfer your rights or obligations under this AGREEMENT to another person if we agree in writing.
3. If we fail to insist that you perform any of your obligations under this AGREEMENT, if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
4. Each of the conditions of this AGREEMENT operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
5. Please note that this AGREEMENT, its subject matter, and its formation, are governed by Indian law. You and we both agree that the courts of India will have non-exclusive jurisdiction.

This agreement has been entered into on the date of registering on the app.