Terms of Service

The following terms of service constitute a binding legal agreement (the “Agreement”) between You and Kotha Technologies, a partnership company incorporated under the laws of Bangladesh (hereinafter referred to as “Kotha” / “we”/ “us”), (which expression shall include its successors and assigns), setting forth the terms and conditions (“Terms”) under which the Kotha apps (the “Application” or “App”) and any related services (collectively “Services”) will be licensed to You by Kotha Technologies.

By accessing, downloading, installing the Application, and using the Services, You represent to Kotha Technologies that You are competent to enter into a contract (i.e. You are 18 years of age, have a sound mind and are not disqualified from entering into a contract under the applicable law) and You have read this Agreement, understand it and agree to be bound by its Terms. Please review the Agreement carefully before accessing, downloading and installation.

1. The Application: Kotha App Service

The Services are currently made available to You by Kotha Technologies free of charge. The Application is a social app, that includes messaging and sharing services and social feed that allows users to send messages, share files, including but not limited to photos, videos, songs, contacts, location, voice messages, files, stickers, links, files like documents, presentations, spreadsheets, text files etc. over the Internet and/or SMS. In addition to that Kotha allows users to make voice or video calls over the Internet to connections.

Kotha reserves the right to suspend or withdraw this Application, at any time, without notice. More information about the Application is available on Kotha’s website www.kotha.io (“Site”).

You acknowledge and agree that you will have to provide Kotha Your mobile phone number. You expressly acknowledge, agree and understand that in order to provide Services, Kotha, may from time to time, access Your contact list and/or address book on Your mobile device to collect, use Your contact list or address book in accordance with the Privacy Policy. Further, you permit information contained in Your contact list and/or address book to be shared with other users of the Service for the Kotha Caller service. By permitting us to collect information regarding Your contacts in Your address book/phonebook, you hereby agree to provide Kotha a right to use such information for providing Services and also warrant that you have all requisite rights in your favour to share this information with Kotha. To ensure a better user experience, Kotha may also at times, access names stored in Your address book to ensure any incoming messages and push notifications via the messaging/SMS feature have a name associated with them for a superior user experience. By using the Services, you have given us permission to contact you via SMS and/or other communication mediums. In the event you don’t want to continue with your account, or you no longer want to receive any communication, email to [email protected] with your mobile number and details.

Similarly, when You invite Your contacts and or send messages to Your contacts, the invite/message to Your contacts may appear as an SMS/message from Your name/the mobile number you have registered with. When You invite Your contacts and or send messages to Your contacts, the invite/message to Your contacts may appear as an SMS/message from Your name/the mobile number you have registered with or as saved in the recipient’s mobile address book. Please ensure that You do not spam any subscriber. In the event You spam any subscriber, You will be liable under applicable laws. Kotha hereby excludes, to the fullest extent permitted by law, any and all liability which may arise from your sending messages/invites to other subscribers, including but not limited to, any action or claim regarding spamming.

You agree to notify Kotha immediately of any breach of security or unauthorized use of Your mobile phone. Kotha shall not be liable for Your losses caused by any unauthorized use of Your account, You shall be liable for the losses of Kotha or others due to any such unauthorized use.

2. Application Stores

The Application can also be downloaded from third party application stores including Google Play and Apple App Store etc. You agree to comply with all third party terms and conditions & privacy policy, if any, applicable to the use of the Application or related services. Kotha shall not be responsible for violation and infringement of any third party right, terms and conditions in connection with access, download or installation of the Application by You.

3. License

Subject to the Terms and compliance of the Terms hereof Kotha Technlogies shall grant You a license to use the Services provided that (a) You shall use the Application solely for Your personal and lawful use only; (b) you will not use the app for communicating or sharing of pornography, terrorism, harassment, anti-government activities and any kind of illegal activities (c) You will not, nor allow third parties on Your behalf (i) to resell or charge others for use of the Application (ii) to hack, duplicate, disassemble, decompile, transfer, exchange or translate the Application, create derivative works of the Application of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the Application; and (d) You warrant to otherwise comply with the terms and conditions of this Agreement (the “License”).

For avoidance of any doubt this License is personal, nonexclusive, nontransferable, non-sub licensable, revocable and a limited license to download and use the Application on a mobile device that You own or control.

4. Privacy Policy

This Agreement is deemed to incorporate the Privacy Policy stated below and also posted on the Site www.kotha.io/policy and accessible/embedded from the Application.

Kotha Technologies (hereinafter “Kotha” / “We”) provides this Privacy Policy to inform users of the Kotha App software application (the “Application”) and the www.kotha.io (the “Site”) about our policies and procedures regarding the collection, use and disclosure of Personally Identifiable Information defined below.

The Application is intended for people who are competent to contract under applicable law. Individuals who are less than 18 years old are not permitted to use this application unless the complete Agreement is seen and agreed by parents or their legal guardians under applicable law. You confirm that You are at least 18 year old or otherwise competent to contract including with consent of Your parent/legal guardian as may be required under applicable law.

This Policy is part of our Terms of Service and applies to the Personally Identifiable Information that is collected in connection with the download, installation and use of the Application and related services. By using the Application or the Site You signify Your assent to this Privacy Policy and consent to the processing of Your Personally Identifiable Information as described herein. If You do not agree with this Policy, or with our Terms of Service, do not download, install and / or use the Application.

4.1. Information Collection

"Personally Identifiable Information" means any information that either on its own or when combined with certain other information can identify an individual and for the purpose of this Privacy Policy usually limited to Your mobile phone number, Name, date of birth or age, gender or address book/phonebook contact name & numbers, profession, interest.

Kotha Technologies may obtain the following types of information from or concerning You or Your mobile device, which may include personal information that can be used to identify You as specified below:

User Provided Information: You provide certain Personally Identifiable Information, such as Your mobile phone number, name, profile picture, gender, date of birth/age, profession, interests, location, IP Address and mobile device information to Kotha when choosing to participate in the use of the Application and its services, such as registering as a user, messaging other Kotha users and groups, posting updates in feed, interacting in channels & activities, uploading images/videos/audio/files/links, sharing locations, contacts, stickers, music, video or using the Kotha Audio and Video Caller features, other partner features. In order to provide Services, Kotha Technologies, may periodically from time to time, access Your contact list and/or address book/phonebook on Your mobile device to find collect, update, use and keep track Your contact list or address book in accordance with this Privacy Policy. Further, you permit information contained in Your contact list and/or address book to be shared with other users of the Service for the Kotha Audio/Video Caller, messaging, feed, activities and other services including partner services. By permitting us to collect information regarding Your contacts in Your address book, you hereby agree to provide Kotha Technologies a right to use such information for providing Services and also warrant that you have all requisite rights in your favor to share this information with Kotha Technologies. To ensure a better user experience, Kotha Technologies may also access names stored in Your address book/phonebook to ensure any incoming messages and push notifications via the Messaging/SMS feature have a name associated with them.

Message “seen” & “delivered” information is available and displayed to each user who are in your Friends list (and which you have not blocked) & Groups or channels joined, and “Last seen” or “offline” status may reflect the last approximate time the Kotha application has been backgrounded and disconnected or quitted or disconnected from server or internet or for other reasons. “Active” or “Online” information is reported to Kotha when a user connects to server or brings the mobile application to the foreground or does any activity in it.

Feed posts will be visible to all Kotha users if post visibility is chosen “Public”. It will be visible to all friends in Kotha friends/connections list if post visibility is chosen “Friends”. “Custom” post visibility allows users to allow or disallow certain users to view posts. “Group” post visibility allows users to have the posts visible to one or more Groups. “Only me” allows users to have post visible to only to that user.

Public channels will share given name/nick/name/screen name, gender, age/DOB, location, profile picture/avatars provided by a user to other Kotha users in Public Channels. Private unread messages in Public channels will be deleted from server after certain period.

Kotha users may receive unknown messages with phone number visible in case other user has receivers phone number saved in sender’s phonebook.

Kotha Technologies may receive data whenever You connect with an application or site through Kotha (such as connecting to a partner site or app, integrated applications, during status/activity/ login/purchase/ payment updates on such sites or apps, when You connect to other links and sites and in which case Kotha posts or takes any actions to these sites on Your behalf). This may include date and time You visit the site/App, Your activities on the sites/apps, the web address, IP address information, browser and if You are logged into Kotha and Your authentication tokens used on such sites, features used on those sites/apps, taps/clicks and duration of stay, any purchase/payment information. Your authentication tokens may be saved on the server for the sole purpose of seamless posting to the same site by You in the future through Kotha.

Kotha Technologies does not collect physical addresses from its users’ mobile address book other than mobile phone numbers and names (and emails in special cases) associated with such mobile phone numbers of the persons in such users' contact lists and/or address books. The Application will associate whatever name the Kotha user has assigned to the mobile telephone number in his/her mobile address book. As a result, if You have Your friend’s mobile phone number associated with the name “Doctor” or “Electrician” in Your mobile address book, that’s the name that will appear for that mobile phone number in Your Kotha list of contacts. We may collect location data for use in the improvement of Services and users may also voluntarily share their location with other users via the Kotha application. To use the voice/video call features and sharing images/videos/voice messages/profile pictures access to camera and photo gallery required. To share files from cloud services, access to cloud services and downloading the files to phone required.

If the recipient can be messaged via the Kotha application, the message is delivered to that recipient via data service routed through our servers. Any messages that are undelivered are held on the Kotha servers until they can be delivered or for a period of 30 days whichever is earlier. Messages and Files that are sent through the Service temporarily reside on our servers for a short period of time until delivery of such messages or files to the intended recipient is complete.

Any status update messages and profile/profile image updates posted by you is stored on our servers to facilitate the normal use of the Status Updates feature in Kotha. This includes but is not limited to the timestamp and the actual status update messages and files.

Kotha may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which Kotha is legally compelled to collect in accordance with retention policies applicable under Bangladeshi law.

By clicking on any mini app icon in lifestyle section, you are giving permission to the mini app to collect your phonenumber and other identifiable information like location, age etc. which you provided to Kotha.

4.2. Use of Information

Except Your mobile phone number and other information from Your address book (such as names and/or mobile phone numbers of the persons in Your contact list/emails) which we intend to share with other users of the Kotha messaging or audio/video calling services, We do not share or sell Your Personally Identifiable Information that we collect with any third parties for use for commercial, advertising and or similar marketing purposes without your consent. However, In the future as a part of a specific promotion or feature You may specifically choose to opt-in/opt-out for any specific product and or service which may allow Your personal information to be used for such purposes. You may also choose to unlist your name from the Kotha services by requesting in [email protected].

We may share Your Personally Identifiable Information and Contents to deliver the Services desired by You to the extent it is necessary to maintain or further develop and enhance our Application, its services and to ensure the functionality and security of our Services and to prevent and investigate any fraud and other misuse.

We may share non-Personally-Identifiable Information (such as anonymous user usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with third-parties to better understand usage patterns for certain content, services, advertisements, promotions, and/or functionality related to Kotha application.

We may disclose the Personally Identifiable Information and available user Contents and any other information as required pursuant to applicable laws, a directive or order of a government entity or statutory authority or any judicial or regulatory authority or to law enforcement agencies in any official investigation including but not limited to cyber incidents, pornography, illegal activities, criminal or terrorist activities, hate crimes, anti-government activities, racism or defamation, hacking activities, prosecution and punishment of offences. You agree that Kotha Technologies has the right to monitor the Application electronically from time to time and to disclose information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Application properly for justified purposes that are relevant for the features and functionalities of the Application and related services opted by You, or to protect itself or its subscribers. We may transfer Your Personally Identifiable Information or other information collected, stored, processed by Kotha to any other entity or organization located in Bangladesh or outside Bangladesh only in case it is necessary for providing services to You in connection with Application. Except with Your consent including under this Agreement for specified purposes, We will not disclose any Personally Identifiable Information to any third party. We will cooperate with the appropriate law enforcement authorities in investigating claims of illegal activity.

You may chose not to submit Personally Identifiable Information through Kotha application in which case we may not be able to provide You part or full services in connection with the application. If You do not agree with any of the Terms including our Privacy Policy, You may delete Your account or not access download and use the Application. Upon deletion of Your account, Your Personally Identifiable Information and any associated Contents, except to the extent required to be retained under applicable law, will be deleted from our servers.

In the interest of protecting Your privacy and for security measures, Kotha ensures to take reasonable steps to identify and authorize You before granting You use of the Kotha application.

Upon use of Kotha application or related services, you authorize us to contact you regarding any promotions / notifications pertaining to Kotha Application, notwithstanding that your number may be registered in the respective Do not Call Registry in your jurisdiction.

Your name associated with Your mobile phone number may be displayed if any other user does a manual number search against the Caller database. Similarly, a user’s name may be automatically displayed when a audio/video call is made or a push notification is received.

4.3. Security of Personal Information

We have implemented commercially reasonable physical, managerial, operational and technical security measures to protect the loss, misuse and alteration and to preserve the security of the Personally Identifiable Information in our care. Our security practices and procedures limit access to personal information on need to know basis only.

Such measures may include, where appropriate, the use of firewalls, secure server facilities, implementing proper access rights management systems and processes, careful selection of processors, standard authentication and optionally encryption policies for our servers and other technically and commercially reasonable measures.

However, Kotha Technologies cannot guarantee in any way with respect to any Personally Identifiable Information or Contents that You upload transmit, share or display through the Application or the Site and You do so at Your own risk.

Using unsecured or other unprotected networks and devices to send messages/posts and use of sharing features without proper virus checking through the Kotha application are not recommended.

If Kotha learns of a security breach, then we may attempt to notify You electronically so that You can take appropriate protective steps.

4.4. Changes to this Privacy Policy

Any changes in the Privacy Policy by Kotha Technologies shall be posted on our website www.kotha.io/policy to reflect changes in our policy so that the users are always aware of what information we collect, use, and under what circumstances, if any, we may disclose it. Users should periodically review this page for the latest information on our privacy practices. Once posted, those changes are effective immediately. Continued access or use of the Application constitutes Your acceptance of the changes and the amended Policy.

4.5. Third Party Application Stores

The Application can be downloaded from third party application stores including Google Play and iTunes Store/App Store etc. You agree to comply with all third party privacy policies, if any, applicable to the use of the Application or related services. Kotha Technologies shall not be responsible for Your use of any third party product and or service including the terms and conditions of such third party product and or service and or violation and infringement of any third party rights, policies, terms and conditions in connection with access, download or installation of the Application.

5. Code of Conduct

You represent and warrant that: (i) You have the authority and capacity to enter and bind Yourself to this Agreement; (ii) Your use of the Application or the Site will be solely for purposes that are permitted by this Agreement; (iii) You will provide accurate information about Your mobile phone number and any other number on Your address list required for use of the Application, (iv) Your use of the Application or the Site will comply with all applicable local, state, national or international laws (“Laws”) and will not violate any contractual obligations (v) You will not misuse the Application and/ or the site and acknowledge and understand that “misuse” includes, but is not limited to using the Application and/ or the Site in any manner that (a) violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (b) unsolicited advertising and messages, fake news, promotional materials, junk mail, spam etc; (c) publishes falsehoods or misrepresentations that could damage Kotha or any third party; (d) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful or anything related to terrorism, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner; (e) harms minors in any way; (f) violates any law for the time being in force including ICT Act of Bangladesh (g) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (h) amounts to unsolicited advertising and rumors, spams etc; (i) is fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, videos, links, materials or descriptions; (j) send or store material or files containing software viruses, worms, or other harmful computer code, files, scripts or programs; (k) attempt unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (l) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (m) interferes with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (n) probes for means of gaining unauthorized access to computers or networks, (o) restricts or inhibit any other person from using this Application and or Site; (p) threatens the unity, integrity, defense, security or sovereignty of Bangladesh, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; and (vi) You will not impersonate any person or entity, or falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity; (vii) You will not be involved in any cyber cybercrimes, pornography, illegal activities, criminal or terrorist activities, hate crimes, anti-government activities, racism or defamation, propagate rumors, provide contents that may hurt certain group or any religion, (viii) You will not post any objectionable contents or abuse other users or message objectionable contents to other users & groups and public channels.

Kotha provides certain in app stickers or images to its users. The use of such stickers or images is purely discretionary. You hereby acknowledge and agree that (i) You are solely responsible for the stickers or images used by You; (ii) Kotha does not and cannot review the usage of stickers or images by individual users and that Kotha is under no duty to monitor the usage of the stickers or images by its users. Kotha, hereby excludes, to the fullest extent permitted by law, any and all liability which may arise due to the usage of stickers or images by You, including but not limited to any claims relating to publication/sending of defamatory, pornographic, obscene or offensive material.

By using the App, you irrevocably waive the right to assert any claim with respect to any of the foregoing, and any other claim related to your use of the Application, against Kotha Technologies or any of its affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

6. Contents

(a) You shall be solely responsible for all contents that You upload, transmit, share or display through the Application or the Site, (collectively the “Contents”) including but not limited to any photos, profiles (including but not limited to Your name and image, gender, profession, interests, phone number, location), messages, information, text, videos, music, voice, location, contacts, documents, spreadsheets, presentations, text or any other files, third party links, active/online/offline status and automatic submission of your “delivered” or ‘seen’ status or time. Kotha does not guarantee as to the validity, accuracy or legal status or confidentiality with respect to any Contents and You shall be solely responsible and assume all risks for any consequences of uploading, posting, transfer or disclosure of the Contents. You hereby confirm and warrant that the Contents do not violate the representation and warranties provided in Clause 5 above. You further agree that Content you transmit over the Application will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to use or transmit the material and to grant Kotha Technologies all of the license rights granted herein.

You understand and agree that Kotha Technologies may review the Application and the Site and may delete or remove (without notice) any Content in its sole discretion, for any reason or no reason including any Content that in the sole judgment of Kotha Technologies violates the Terms of this Agreement. When You post/send/share Your Content vide the Application or related services, You grant, and You represent and warrant that You have the right to grant, to Kotha, a worldwide, non- exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, copy, reformat, translate, prepare derivative works, display, excerpts and distribute such Content for or in connection with the use of the Application or Site. Kotha does not assert any ownership over the Contents and subject to the rights granted to Kotha in this Agreement, You retain full ownership of all of Your Contents and proprietary rights associated with the Contents.

Upon termination of the Application (i.e. deletion of the Kotha account) from Your mobile device, Kotha Technologies may delete all Your Contents from its database and servers within a time determined by it’s policy, except to the extent required to be retained by applicable Law. Kotha reserves the right to send You periodic communications for the purpose of sharing new updates with You. For the avoidance of doubt, it is clarified that any part of Your Content (viz. Your messages, status updates, Profile picture updates, files sent by you) stored by Your contacts/Friends locally on their device may remain after we delete your account till it is deleted by such contacts. Similarly any part of Your Content, which is publicly available to other users of Kotha who have you in their list of contacts (i.e. the content included in the image & files uploaded by You and the associated time stamp) stored by Your contacts may remain after You delete Your account till it is deleted by such contacts. The submission of your ‘delivered’ & 'seen' time is done on an automatic basis.

For the purpose of but not limited to finding other Kotha users in your phonebook Kotha needs to access your phonebook, for the purpose of finding your location, Kotha needs to access your location service, for the purpose of recording your voice & voice calls, Kotha needs to access your microphone, for the purpose of taking photos, recording videos & video calls, Kotha needs to access your camera, for the purpose of send push notifications, Kotha needs to access to your notification service. For the purpose of allowing You to send operator SMS or to invite other users, Kotha will require permission to read from and write to Your phone’s SMS Inbox. In the event you use all the above features, you grant Kotha the said permissions. Please note that standard operator SMS charges apply for sending SMS.

7. Modifications to the Application

Kotha reserves the right at any time and from time to time to interrupt, restrict (without cause and without notice to You), modify or discontinue, temporarily or permanently, the Site, Application (or any part thereof) with or without any notice. You agree that Kotha shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Application or the Site.

8. Ownership

You acknowledge and agree that the Application, the Site, the Services and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and shall remain, the property of Kotha Technologies and its licensors, as applicable. All content related to Kotha corporate and business activities included on the Site and embedded in the Application, including any text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of Kotha Technologies or its licensors and is protected by applicable legislation concerning protection and preservation of intellectual property rights and applicable international treaties governing intellectual property. The compilation (meaning the collection, arrangement and assembly) of all content on the Site and Application is also the exclusive property of the Kotha Technologies and is protected by applicable laws as stated above. All software used on the Site and the Applications are the property of Kotha Technologies or its software suppliers and protected by Bangladeshi and international copyright laws. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Site and the Application is strictly prohibited except as otherwise permitted by law. All Kotha graphics, logos and service names are trademarks of the Kotha or its affiliates. Kotha’s trademarks may not be used in connection with any product or service that is not Kotha's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kotha. Kotha’s trademarks may not be used in connection with any product or service except as authorized by Kotha in writing. The logos and trademarks of third parties provided in the invite section belong to respective brands. Kotha has no connection whatsoever with WhatsApp, Facebook and Twitter, respectively.

9. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK AND DISCRETION.

THE APPLICATION IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. KOTHA, ON BEHALF OF ITSELF, AND ALL WIRELESS CARRIERS OVER WHOSE NETWORK THE APPLICATION IS DISTRIBUTED, AND EACH OF OUR RESPECTIVE AFFILIATES, AND SUPPLIERS (“DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APPLICATION. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU AGREE NOT TO SEEK TO RECOVER ANY DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY DISTRIBUTOR.

KOTHA TECHNOLOGIES MAKES NO WARRANTY AGAINST INTERFERENCE OF YOUR ENJOYMENT OF THE APPLICATION AND RELATED SERVICES; FOR LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE APPLICATION, USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION OR FOLLOWING A FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE APPLICATION AT ANY TIME; ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION OR RELATED SERVICES, THAT THE APPLICATION WILL BE FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE OR MEET YOUR REQUIREMENTS; REGARDING THE SECURITY, RELIABILITY OR TIMELINESS OF THE APPLICATION; THAT ANY ERRORS, BUGS OR FAILURES IN THE APPLICATION WILL BE CORRECTED. ACCORDINGLY, YOU EXPRESSLY AGREE THAT USE OF APPLICATION AND RELATED SERVICES IS PURELY VOLUNTARY ON YOUR PART, AT YOUR OWN RISK AND THEREFORE AGREE TO BEAR ANY AND ALL RISK WHATSOEVER AND/OR HOWSOEVER CAUSED. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OCCURRING ON YOUR DEVICE OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM THE DOWNLOAD AND USE OF THE APPLICATION. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KOTHA OR ANY PARTY OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THIS AGREEMENT.

WHILST KOTHA TECHNOLOGIES SHALL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE SECURITY AND INTEGRITY, KOTHA SHALL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/OR STORAGE OF INFORMATION TO OR THROUGH KOTHA THAT MIGHT OCCUR FROM TIME TO TIME; INTRUSION, DISTORTION, LOSS OR FORGERY OF DATA, ETC DUE TO ACT OF ANY THIRD PARTY, FAILURE OF ANY SOFTWARE AND/OR HARDWARE OR TELECOMMUNICATION SERVICE PROVIDER(S) USED BY US OR ANY OTHER ACT BEYOND OUR REASONABLE CONTROL.

YOU SHALL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, TO OR THROUGH THE APPLICATION.

10. Limitation of Liability

To the maximum extent permitted by applicable laws, under no circumstance shall Kotha Technologies, its directors, employees or agents be liable to You or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup Your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Application, or following a failure, suspension or withdrawal of all or part of the Application at any time, any third party content, software or functions used in connection with the Application even if Kotha Technologies or any or all of its agents have been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend and hold harmless Kotha Technologies, its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to legal or attorney's fees) of any kind arising out of: (i) Your access to or use of the Application, Site and related services; (ii) any breach by You of Your obligations under this Agreement; (iii) Your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) Your negligence or willful misconduct. These obligations will survive termination of this Agreement.

12. Force Majeure

Kotha Technologies shall not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond Kotha Technologies’ reasonable control.

13. Amendments to this Agreement

We may in our sole discretion amend this Agreement from time to time without any prior notice. This may include adding new or different terms to, or removing terms from, this Agreement. Your use of the Application upon publication of such amended terms shall constitute your deemed acceptance to the amended Agreement.

14. Termination

This Agreement commences on the date You accept the Terms of this Agreement or sign up in app. Kotha may terminate or suspend use of the Application or the Site at any time in its discretion, without notice to You. Any Agreement violation may result in further registration restriction and use of app & it’s services and further actions according to the Laws of Bangladesh. Upon any termination for any reason, Kotha shall have no liability to You and no further obligations under this Agreement.

Immediately upon termination, (a) the rights granted to You herein shall terminate; (b) You must cease all use of the Application and related services;

Additionally, Your rights under this Agreement will terminate automatically if You fail to comply with any term(s) of this Agreement including misuse of the Application or the Site

All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.

15. Refund Policy for Purchases

To be eligible for a refund for in-app purchases made on Kotha App, you must send us an email at [email protected] within 3 days of your purchase.

Once your refund request is received and inspected, we will notify you of the approval or rejection of your refund request within 30 days of receipt of your refund request.

If your refund request is approved, then your refund will be processed, and may take up to 45 days to pay you back.

16. Entire Agreement

You acknowledge that You have read this Agreement, understand it and agree to be bound by its terms and conditions. You also agree that this Agreement read with the terms of the Privacy Policy is the complete and exclusive statement of the Agreement between Kotha and You and supersedes all proposals, representations or prior agreements, oral or written, and any other communications between Kotha and You relating to the subject matter of this Agreement.

17. Severability

If one or more provisions of this Agreement are held to be unenforceable under Applicable Law(s), the remainder of this Agreement shall be valid and enforceable.

18. Assignment

This Agreement may be assigned by Kotha Technologies to its successors and assigns including if there is any re-organization of Kotha Technologies.

19. Governing Law

This Agreement shall be governed by the laws of Bangladesh. You irrevocably consent to the exclusive jurisdiction of courts in Bangladesh for all disputes arising out of or relating to this Agreement.

20. Grievance Officer

In the event you have any queries/complaints regarding usage of Application, please contact us at info[at]kothaapp[dot][com]. The complaints shall be redressed in the manner provided under the Laws of Bangladesh and rules framed thereunder.

21. Contact Kotha

If You have any questions or concerns about this Terms & Conditions and Privacy Policy or its implementation, You may contact us on the following e-mail ID:

E-mail: [email protected]

We will strive to address your feedback and concerns in a timely and effective manner.