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Terms of Service

1. Your Acceptance

This is an agreement between Team Prava, based in Bangalore ("Prava"), the owner and operator of www.pravaapp.com (the "Prava Site"), the Prava software, including Prava Application (collectively, including all content provided by Prava through Prava Application and the Prava Site, the "Prava Service", or the "Service"), and you ("you" or "You"), a user of the Service. Please read these Terms of Service before accessing the Service. Prava Application is maintained, operated and offered by Team Prava and is intended to allow you, the user, to create and share messages, itinerary, expenses, media and experiences related to travel and to organize certain travel-related data.

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND PRAVA'S PRIVACY POLICY, WHICH CAN BE FOUND AT http://pravaapp.com/privacypolicy.html. If you choose to not agree with any of these terms, you may not use the Service.

2. Prava Service

These Terms of Service apply to all users of the Prava Service. Information provided by our users through the Prava Service may contain links to third party websites or applications that are not owned or controlled by Prava. Prava has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or applications. In addition, Prava will not and cannot censor or edit the content of any third-party site or application. By using the Service, you expressly acknowledge and agree that Prava shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website or application.

3. Prava Access

A. Subject to your compliance with these Terms of Service, Team Prava hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Prava's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Prava with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, Prava may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Prava to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We do not collect names, addresses or email addresses, just mobile phone numbers. You are solely responsible for your profile data (your name and about you) that you submit and that are displayed for your mobile phone number on the Prava Service. You must notify Prava immediately of any breach of security or unauthorized use of your mobile phone. Although Prava will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Prava or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more requests to the Prava servers in a given period of time than a human can reasonably produce in the same period by using Prava Application, and you are forbidden from ripping the content unless specifically allowed. We disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Prava clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the Service. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

4. Prava Data

All data entered into the Prava Application are through its users. Prava Application provides an environment to manage and organize certain travel-related data. The ownership of ensuring that the data entered is accurate rests on the user. The accuracy of the data is also dependent on whether the data is entered online or offline, and prevailing network conditions. The data is provided to you AS IS for your information and personal use only. Prava shall not be held liable for any damages or incidences that arise out of actions taken or otherwise based on the data. Prava is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such data, and that such data are not the responsibility of Prava. You further understand and acknowledge that you may be exposed to data that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Prava with respect thereto, and agree to indemnify and hold Prava, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Prava Service.

Furthermore, data in the Prava Application can be classified into 3 categories. a) Data which the user specifically marks as Private, b) Data which by design, or by the user specifically marking as shared, will be available to intended user or users, and c) Data which the user specifically marks as public, which will be available to all users of Prava Application. Prava may, from time to time, use category (c) to market and / or to promote its Services. The data available in category (c) shall not be construed as private data as it is specifically marked as public and is available to all users.

5. Intellectual Property Rights

The design of the Prava Application along with Prava created text, scripts, graphics, interactive features and the like, except Profile Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Prava, subject to copyright and other intellectual property rights under Indian and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Prava reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Profile Submissions of third parties obtained through the Service for any commercial purposes.

6. User Profile Submissions

A. The Prava Application allows Prava users to submit their name, profile photos and about the user. (collectively, the "Profile Submissions"). These Profile Submissions may be hosted, shared, and/or published as part of the Prava Service, and may be visible to other users of the Service who may or may not have your mobile phone number in their mobile phone. For clarity, direct messages, trip agenda, expenses, trip notes, location data and photos or files that you send directly to other Prava users will only be viewable by those Prava user(s) or group(s) you directly send such information; but Profile Submissions may be globally viewed by Prava users that may or may not have your mobile phone number on their smartphone. Currently, we have no method of providing different levels of visibility of your Profile Submissions among users that may or may not have your mobile phone number - you acknowledge and agree that any Profile Submissions may be globally viewed by users that may or may not have your mobile phone number, so don't submit or post names, profile photos or about you information that you don't want to be seen globally. A good rule of thumb is if you don't want the whole world to know something or see something, don't submit it as Profile Submissions to the Service. As clarified in the following section, you retain your ownership rights in your Profile Submissions. You understand that whether or not such Profile Submissions are published, Prava does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own Prava Submissions and the consequences of posting or publishing them. Because Prava is only acting as a repository of data, Profile Submissions do not necessarily represent the views or opinions of Prava, and Prava makes no guarantees as to the validity, accuracy or legal status of any Profile Submission. In connection with Profile Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Prava to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Profile Submissions to enable inclusion and use of the Profile Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Profile Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Profile Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Profile Submissions, but you have to have the rights in the first place. However, by submitting the Profile Submissions to Prava, you hereby grant Prava a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Profile Submissions in connection with the Prava Service and Prava's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Prava Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user on the Prava Service a non-exclusive license to access your Profile Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a Profile Submission from the Prava Service.

C. In connection with Profile Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Prava all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Prava or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.

D. Prava does not endorse any Profile Submission or any opinion, recommendation, or advice expressed therein, and Prava expressly disclaims any and all liability in connection with Profile Submissions. Prava does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Prava will remove all content and Profile Submissions if properly notified that such content or Profile Submission infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the Prava user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to team@pravaapp.com. Prava reserves the right to remove content and Profile Submissions without prior notice. Prava may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Profile Submission removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Prava employees, agents, subagents, superagents or superheros. Prava also reserves the right to decide whether content or a Profile Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Prava may remove such Profile Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

E. You understand that when using the Prava Service you will be exposed to Profile Submissions from a variety of sources, and that Prava is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Profile Submissions, and that such Profile Submissions are not the responsibility of Prava. You further understand and acknowledge that you may be exposed to Profile Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Prava with respect thereto, and agree to indemnify and hold Prava, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Prava Service.

F. Prava permits you to link to materials on the Service for personal purposes only. Prava reserves the right to discontinue any aspect of the Prava Service at any time.

7. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE PRAVA SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PRAVA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. PRAVA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRAVA SERVICE. PRAVA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRAVA SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER PROFILE SUBMISSION OR OTHER ADVERTISING, AND PRAVA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. USE PRAVA JUST FOR FUN.

8. Limitation of Liability

IN NO EVENT SHALL PRAVA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRAVA CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PRAVA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Prava from its facilities in India. Prava makes no representations that the Prava Service is appropriate or available for use in other locations. Those who access or use the Prava Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. Indemnity

You agree to defend, indemnify and hold harmless Prava, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Prava Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Profile Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Prava Service. We don't support or encourage illegal consumption of alcohol or tobacco.

10. Ability to Accept Terms of Service

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You further represent and warrant that you or your location is not listed on any Indian Government list of prohibited or restricted parties. Prava is the developer of the Service, with an address at 3rd Floor, New 4C-608, CMR Road, 4th Cross, HRBR Layout, 2nd Block, Kalyan Nagar, Bangalore - 560043, info at www.pravaapp.com.

11. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Prava without restriction.

12. General

You agree that: (i) the Prava Service shall be deemed solely based in Karnataka State of India; (ii) the Prava Service shall be deemed a passive server that does not give rise to personal jurisdiction over Prava, either specific or general, in jurisdictions other than Karnataka; and (iii) that you agree to subject to the jurisdiction of Karnataka in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of Karnataka, without respect to its conflict of laws principles. Any claim or dispute between you and Prava that arises in whole or in part from the Prava Service shall be decided exclusively by a court of competent jurisdiction located in Bangalore, Karnataka. These Terms of Service, together with the Privacy Policy at www.pravaapp.com and any other legal notices published by Prava, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and Prava concerning the Prava Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Prava's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Prava reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Prava Service. Your continued use of the Prava Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND PRAVA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PRAVA SERVICE MUST COMMENCE WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Date Last Modified:

This Terms of Service was last modified 13th May, 2016.

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