SkillHives`s Terms of Service

The following terms of services constitute a binding legal agreement (the “Agreement”) between You (hereinafter referred to as “You” or “Your”) and SkillHives. Solutions Pvt Ltd. (hereinafter referred to as “SkillHives” / “we”/ “us”), (which expression shall include its successors and assigns), setting forth the terms and conditions (“Terms”) under which the SkillHives app (the “Application”) and any related services will be licensed to You by SkillHives.

1. The Application: SkillHives

The SkillHives Application and related services are currently made available to You by SkillHives free of any charge. The SkillHives Application is a messaging service that allows users to send messages, share photos, voice messages, etc. over the internet (the “Service”). SkillHives reserves the right to suspend or withdraw this Application, at any time, without notice. More information about the Application is available on SkillHives’s website www.SkillHives.com (“Site”).

You hereby acknowledge and agree that (i) you need to provide your mobile phone number to SkillHives in order to access the Application, (ii) in order to provide the Service, SkillHives 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. To ensure a better user experience, SkillHives may also at times, access names stored in Your address book to determine that any incoming messages and push notifications have a name associated with them for a superior user experience.

When You invite Your contacts and/or send messages to Your contacts, the invite/message to Your contacts will appear as an SMS/message from Your name/the mobile number.

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

2. Application Stores

The Application can be downloaded from the 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. SkillHives shall not be responsible for the 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

The Application can be downloaded from the 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. SkillHives shall not be responsible for the violation and infringement of any third party right, terms and conditions in connection with access, download or installation of the Application by You.

4. Privacy Policy

This Agreement is deemed to incorporate the Privacy Policy posted on the Site and accessible/embedded in it.

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 law, regulation, or contractual obligations, and further that (v) You will not misuse the Application and/ or the Site and You hereby 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, promotional materials, junk mail, spam etc; (c) is fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (d) defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of another’s privacy rights; (e) that is vulgar, obscene, offensive, or contains pornography or nudity or otherwise objectionable (f) that is racially or ethnically offensive and encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (g) send or store material containing software viruses, worms, or other harmful computer code, files, scripts or programs; (h) 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, (i) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (j) interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (k) send harassing or threatening transmissions, (l) probe for means of gaining unauthorized access to computers or networks, (m) restrict or inhibit any other person from using this Application and or Site; 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

6. Contents

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 Your name and image), messages, information, text, video, music, third party links and automatic submission of your seen or not seen status of a message. SkillHives 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 understand and agree that SkillHives 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 SkillHives violates the Terms of this Agreement. When You post Your Content vide the Application or related services, You grant, and You represent and warrant that You have the right to grant, to SkillHives, 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. SkillHives does not assert any ownership over the Contents and subject to the rights granted to SkillHives 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 SkillHives account) from Your mobile device, SkillHives shall delete all Your Contents from its database and servers within a maximum of 30 days,except to the extent required to be retained by applicable law. SkillHives 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 , , Profile picture updates) stored by Your contacts/Friends (Previously known as Circle of Friends) for example locally on their device may remain after You delete your account till it is deleted by such contacts. Similarly any part of Your Content, which is publicly available to other users of SkillHives who have you in their list of contacts (i.e. the content included in the image 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.

7. Modifications to the Application

SkillHives 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 SkillHives 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 and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and shall remain, the property of SkillHives and its licensors, as applicable. All content related to SkillHives 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 SkillHives 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 SkillHives and is protected by applicable laws as stated above. All software used on the Site and the Application is the property of SkillHives or its software suppliers and protected by Indian and international copyright laws. Any use, except as specifically permitted hereunder, 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 SkillHives graphics, logos and service names are trademarks of the SkillHives or its affiliates. SkillHives’s trademarks may not be used in connection with any product or service that is not SkillHives`s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SkillHives. SkillHives’s trademarks may not be used in connection with any product or service except as authorised by SkillHives in writing.

9. Disclaimer of Warranties

SkillHives 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 SkillHives shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Application or the Site.

10. Limitation of Liability

To the maximum extent permitted by applicable laws, under no circumstance shall SkillHives, 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 SkillHives 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 SkillHives, 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 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

SkillHives 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 SkillHives`s 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. Such change shall be notified on the website www.SkillHives.in. Your use of the Application after such notice of any change shall be deemed to be an acceptance to the amended Agreement.

14. Termination

This Agreement commences on the date You accept the Terms of this Agreement. SkillHives may terminate or suspend use of the Application or the Site at any time in its discretion, without notice to You. Upon any termination for any reason, SkillHives 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. Payments

Information regarding Payments & Refunds can be found on the site

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 SkillHives and You and supersedes all proposals, representations or prior agreements, oral or written, and any other communications between SkillHives 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 SkillHives. to its successors and assigns including if there is any reorganization of SkillHives. .

19. Governing Law

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

Contact SkillHives.

If You have any questions or concerns about this Terms and Conditions or its implementation, You may contact us on the following e-mail ID:info@SkillHives. .com . We will strive to address Your feedback and concerns in a timely and effective manner.

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