Terms and Conditions for Dail-it Mobile Application

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of the Dail-it mobile application and related services (collectively, the "App"). By downloading, installing, or using the App, you agree to be bound by these Terms.

If you do not agree with these Terms, you must not use the App.

The App is operated from India and is primarily intended for use by business owners and consumers located in India.

2. Definitions

For the purposes of these Terms:

• "App" means the Dail-it mobile application and any related websites, APIs, or services.
• "User" or "you" means any person who installs, accesses, or uses the App, including business owners whose listings appear in the App and consumers who search or view those listings.
• "Business Owner" means a User who creates, claims, or manages a business listing in the App.
• "Listing" means any business profile, contact information, or related content displayed in the App.
• "Company", "we", or "us" means the owner and operator of the Dail-it App.
• "Personal Data" means any data that can identify an individual, as defined under the Digital Personal Data Protection Act, 2023 ("DPDP Act") and other applicable Indian law.

3. Eligibility and Account Registration

• You must be at least 18 years old and capable of entering into a binding contract under Indian law to use the App as a Business Owner.
• Consumers may use the App to search and view business listings without registering an account, unless certain features require login.
• When you create an account or Listing, you agree to provide accurate, current, and complete information and to keep it updated.
• You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

4. Description of the Service

• The App allows Users to discover, view, and contact local businesses whose details are listed in the App.
• The App may fetch and display content from servers, such as business listings, categories, and related information, which is not bundled in the original app download.
• The App does not currently provide in-app messaging or user-to-user content sharing features.
• The App does not currently process in-app digital purchases; any subscriptions or payments, if offered, may be handled through external channels such as web or offline methods.

The Company may modify, suspend, or discontinue any part of the App at any time with or without notice, subject to applicable law.

5. License to Use

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to:

• Install and use one copy of the App on a mobile device that you own or control; and
• Access and use the App solely for lawful purposes as allowed by these Terms.

You obtain no other rights in the App or its content. All rights not expressly granted are reserved by the Company.

6. Acceptable Use

You agree that you will use the App only for lawful purposes and in accordance with these Terms. In particular, you agree that you will not:

• Use the App in any way that violates applicable law, including the Information Technology Act, 2000 and the DPDP Act.
• Use the App to upload, post, transmit, or otherwise make available any content that is unlawful, harmful, defamatory, obscene, hateful, or otherwise objectionable.
• Attempt to gain unauthorized access to any systems, networks, or data.
• Interfere with or disrupt the operation of the App, including by introducing viruses or harmful code.
• Use automated means, including bots or scrapers, to access the App except as expressly permitted by us in writing.

7. Business Listings and Content

7.1 Responsibility for Listings

• Business Owners are solely responsible for the accuracy, completeness, and lawfulness of information included in their Listings, including name, address, phone number, business category, and other details.
• Business Owners must ensure that their Listings do not infringe the intellectual property, privacy, or other rights of any third party.
• The Company does not guarantee the accuracy or completeness of any Listing and is not responsible for any loss or damage arising from reliance on Listings.

7.2 Content Standards

Business Owners must ensure that content submitted for Listings:

• Is accurate, current, and not misleading.
• Does not contain unlawful, defamatory, obscene, or otherwise objectionable material.
• Does not promote age-restricted products or activities such as alcohol, tobacco, firearms, or gambling, unless permitted by law and clearly identified.

7.3 Intermediary Status (India)

To the extent the App hosts or transmits third-party content, including Listings, the Company may be considered an "intermediary" under the Information Technology Act, 2000.

• The Company does not initiate the transmission of user content, select the receiver, or modify information contained in Listings.
• The Company provides a platform for displaying Listings and facilitating discovery of businesses and does not guarantee or endorse any content or services offered by Business Owners.
• The Company may remove or disable access to any content that appears to violate law or these Terms, including upon receiving lawful notice from authorities or affected parties, in order to maintain safe-harbour protections under applicable law.

8. Location Data and Privacy

• The App may collect or use location information to show nearby businesses or to display precise business locations in Listings.
• Precise location shared in the App is intended for business addresses and not for tracking individual consumer locations, except as required to provide specific features that you expressly enable.
• The collection and use of Personal Data, including any contact details and location data, is governed by the App’s Privacy Policy, which is incorporated by reference into these Terms.
• The Company aims to comply with applicable Indian data protection laws, including the DPDP Act, which sets out obligations for data fiduciaries and rights for data principals regarding consent, access, correction, and erasure of personal data.

By using the App, you acknowledge that you have read and understood the Privacy Policy.

9. Payments and Subscriptions

• At present, the App does not offer in-app purchases of digital goods through mobile app stores; any subscriptions or paid services, if available, may be handled through external web or offline channels.
• If in-app billing is introduced in the future, separate terms or updates to these Terms will describe payment methods, billing cycles, refunds, and cancellation rights, as required by applicable law and platform policies.

You agree to review such updated terms before using any paid features inside the App.

10. Intellectual Property

• All rights, title, and interest in and to the App, including software, design, logos, trademarks, text, graphics, and other content provided by the Company, are owned by or licensed to the Company and are protected by applicable intellectual property laws.
• You may not copy, modify, distribute, sell, lease, or create derivative works based on the App or any part thereof, except as expressly allowed by these Terms or applicable law.
• Any feedback or suggestions you provide to the Company regarding the App may be used by the Company without restriction and without any obligation to compensate you.

11. Third-Party Services and Links

• The App may contain links to third-party websites or services that are not owned or controlled by the Company.
• The Company is not responsible for the content, privacy policies, or practices of any third-party websites or services.
• Your use of third-party services is subject to the terms and conditions and privacy policies of those third parties.

12. Disclaimers

To the maximum extent permitted by law:

• The App is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied.
• The Company does not warrant that the App will be uninterrupted, secure, or error-free, or that any defects will be corrected.
• The Company does not warrant the accuracy, reliability, or quality of any Listings, business information, or other content available through the App.

Nothing in these Terms excludes or limits any warranty or liability that cannot be excluded or limited under applicable law.

13. Limitation of Liability

To the maximum extent permitted by law:

• The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the App;
  • Any conduct or content of any third party, including Business Owners; or
  • Unauthorized access, use, or alteration of your transmissions or content.

• In no event shall the Company’s total liability for all claims relating to the App exceed the amount you have paid, if any, for using the App during the twelve (12) months immediately preceding the event giving rise to the claim.

Certain jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

14. Indemnity

You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

• Your access to or use of the App;
• Your violation of these Terms;
• Your violation of any rights of another person or entity; or
• Any content you submit, post, or make available through the App.

15. Termination and Suspension

• The Company may suspend or terminate your access to the App, or remove or disable any Listing or content, at any time and for any reason, including if you violate these Terms or applicable law, without prior notice and without liability to you.
• Upon termination, your right to use the App will immediately cease. Certain provisions of these Terms that by their nature should survive termination will continue to apply (including, by way of example, intellectual property, disclaimers, limitations of liability, and governing law).

You may stop using the App and, where applicable, delete your account at any time. Deletion of your account may be subject to procedures described in the Privacy Policy or separate instructions inside the App.

16. User Rights Under Data Protection Laws

Where applicable under the DPDP Act and similar data protection laws, Users may have rights, including:

• The right to request access to their Personal Data processed by the Company.
• The right to request correction or updating of inaccurate or incomplete Personal Data.
• The right to request erasure of Personal Data, subject to legal and contractual limitations.
• The right to withdraw consent for processing, where processing is based on consent.

The App’s Privacy Policy describes how Users may exercise these rights and how the Company will respond within timelines prescribed by law.

17. Changes to These Terms

• The Company may update these Terms from time to time to reflect changes in the App, legal requirements, or business needs.
• When material changes are made, the Company will provide notice in the App, by email, or by other reasonable means, and will indicate the "Last Updated" date at the top of the Terms.
• Your continued use of the App after changes to the Terms become effective will constitute your acceptance of the updated Terms.

If you do not agree with the updated Terms, you must stop using the App and uninstall it from your devices.

18. Governing Law and Dispute Resolution

• These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
• Subject to any mandatory arbitration or consumer dispute resolution mechanisms provided by applicable law, the courts having jurisdiction over the Company’s registered office in the State of Rajasthan, India, shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.

Nothing in this section limits any rights that consumers may have under applicable law that cannot be waived by contract.

19. Contact Information

If you have any questions about these Terms or the App, or if you wish to raise a concern or exercise any rights under data protection laws, you may contact the Company using the contact details provided inside the App or on the official website.