Terms & Conditions for Service Use

Please read the following universal terms and conditions of the End-User License Agreement carefully before using this Application, as described hereinabove. Your acceptance of these terms and conditions, in the manner provided therein, shall constitute a binding agreement into by and between Deskotel Communications Private Limited, a company registered under Companies Act 2013, bearing CIN U72900UP2016PTC082816 and having its registered office at Office No. 102, D-35, Sector-7 Noida Gautam Buddha Nagar UP 201301 with respect to the usage of Deskotel’s mobile application called as superdial and the website and web portal: https://www.callerdesk.io.
End-User License Agreement (EULA) between M/s Deskotel Communications Private Limited, a company registered under Companies Act 2013, bearing CIN U72900UP2016PTC082816 and having its registered office at Office No. 102, D-35, Sector-7 Noida Gautam Buddha Nagar UP 201301 (hereinafter referred to as “Deskotel”, "company", "we" or "us”,) of the First Part; and you(hereinafter referred to as the “End-User”) of the Second Part. Deskotel has requisite rights over the superdial mobile application and the website and web portal: https://www.callerdesk.io (“the Application” as detailed in Annexure I forming part of this EULA). The terms “Application” shall include the related website/webportal of Deskotel.
The End-User has desired to install and use the Application in his/her electronic device and/or Mobile Phone (“Device”), on the terms and conditions contained herein. The acceptance of these terms and conditions, by way of opting the “I AGREE” option hereinafter, shall constitute a binding agreement (“Agreement”) between the End-User and Deskotel. The terms and conditions mentioned herein shall govern the End User’s use of the Application, related websites, or other services and features provided through the Application.

Scope of Personal Information and Sensitive Personal Data or Information

1. GRANT OF LICENSE

GRANT OF LICENSE By accepting the terms and conditions of this Agreement, Deskotel grants to the End-User, during the term of this Agreement, a personal, limited, non-exclusive, revocable, non-transferable and non-commercial license to install and use the Application for personal purposes on the Device owned or controlled by the End-User and as permitted by the Usage Rules set forth in the App Store or application marketplace platform for digital distribution platform of software applications “Marketplace”, and other terms of service, applicable and binding upon the End-User.

The End-User agrees and acknowledges that all licenses not expressly granted in this Agreement are reserved and no other licenses, immunity or rights, express or implied are granted by Deskotel by implication, estoppel or otherwise.

2. OWNERSHIP AND USE

The End-User acknowledges and agrees that Deskotel retains all its requisite rights and interest in and to the Application and any updates it may make available to the End-User.

3. END-USER’S REPRESENTATION

The End-User acknowledges and represents that:

he/she is minimum of 18 years of age and competent to enter into this Agreement.
he/she is not located (and not use the Application) in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and that he/she is not listed on any U.S. Government list of prohibited or restricted parties.
the Device is solely owned or controlled by him/her.

4. END-USER’S COVENANTS

The End-User acknowledges and agrees:

to use the Application at the End-User’s own risk as to its content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, road conditions, route usability, expeditiousness or any interruption, virus or error.
that technical or any other information from the End-User’s Device such as GPS, IMEI no. etc. may be received, stored and/or used by Deskotel or any third party, whose services have been engaged by Deskotel [hereinafter referred to as “Service Providers” which includes the programmer and designer of the Application (“Programmer”)] solely for the purposes of installation and proper use of the Application.
that the End-User shall comply with the applicable third party agreements while using the Application.
that the End-User shall not remove or alter any trademark, logo, images, graphics or proprietary notices, symbols, labels in the Application belonging to Deskotel or any third party and agrees to indemnify Deskotel or any third party in case of any violation/infringement of the same.
that the End-User shall not remove, alter/tamper or modify the content forming part of the Application.
that the End-User shall not block, disable, or otherwise affect any of the feature that constitute an integral part of the Application.
that the End-User shall not provide or unlock additional features or functionality of the Application.
that the content of the Application or information provided therein is not meant for any educational purpose.
that Deskotel reserves the right to change the content of the Application at any time during the term of this Agreement.

5. RESTRICTION ON THE USE OF APPLICATION

The End-User acknowledges and agrees that the Application may collect, transmit or use the End-User’s location data.
The End-User further acknowledges and agrees that he shall not use the Application:
- in any manner that could damage, disable, overburden, or impair the Application or its features or interfere with any other party's use and enjoyment of them.
- in any manner to violate, misappropriate or infringe any intellectual property owned by Deskotel or any third party.
- for automatic or autonomous control, positioning or navigation of vehicles, aircraft or other mechanical devices; or for dispatch or fleet management; or emergency or life-saving purposes.
- in any way that violates this Agreement or any laws of India.

6. INTELLECTUAL PROPERTY RIGHTS

The End-User agrees and acknowledges that this Agreement merely grants the End-User to use the Application in the manner provided in this Agreement. The End-User agrees and acknowledges that this Agreement does not transfer or assign to the End-User any ownership, copyright or any other intellectual, industrial and propriety rights on the Application, including but not limited to literary works, images, logos, websites button icons, software code, design and look & feel of the Application, musical works, artistic works and sound recordings therein.
Without prior written permission of Deskotel, the End-User agrees not to, enable others to, or attempt to:
- copy, reproduce, decompile, reverse engineer, disassemble, or derive the source code of the Application or modify, decrypt, or create derivative works of the Application or any part thereof in any form or by any means and in case of violation, agrees to indemnify Deskotel and/or the App Store or, as the case may be, the Marketplace,
- copy or reproduce the underlying ideas of the Application in any form or by any means;
- copy, reproduce, adapt, or as the case may be, translate the literary work or the sound recording constituting part of the Application in any form or by any means (graphic, electronic or mechanical, including recording or information retrieval systems);
- delete or modify any information, content, source code or object code of the Application;
- use the Application in any manner which may be construed as illegal, unauthorized, or may be detrimental to the interest of Deskotel or any person or entity.
The End-User agrees and acknowledges that in the event of any third-party claim that may arise in relation to the Application or the End-User’s possession and/or in relation to infringement of that third party’s intellectual property rights, the Marketplace shall not be responsible for the investigation, defense, settlement and discharge of any such claim. Investigation, defense, settlement and/or discharge of the said claim, if any, shall be carried out through Service Providers.
The End-User acknowledge that Deskotel, not the Marketplace, shall be responsible for addressing, either by itself or through Service Providers, any genuine claim of the End-User or any third party, relating to the Application or the End- User’s possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. However, Deskotel, the Service Providers and the Marketplace shall not be responsible for any claim of the End-User or Third Party if the same is not genuine or arising out of negligence on the part of End-User.

7. PRODUCT WARRANTY

Subject to Clause 8.3, the Application is provided on an “AS IS BASIS”, without warranty of any kind. Deskotel disclaims all warranties, express, implied, statutory or otherwise (including but not limited to implied warranties of fitness for a particular purpose and merchantability) to the maximum extent permitted by applicable law.
Further, subject to Clause 8.3, Deskotel disclaims all liability for consequential, special, indirect, incidental or punitive damages whatsoever arising out of the use or inability to use the Application to the maximum extent permitted by applicable law.
In case of failure of the Licensed Application, the End-User may notify the Marketplace, and the Marketplace will refund to the End-User, the purchase price for the Application; and that to the maximum extent permitted by applicable law, Deskotel, Service Provider and/or the Marketplace shall not otherwise have any other warranty obligation whatsoever with respect to the Application.

8. THIRD PARTY BENEFICIARY

The End-User and Deskotel acknowledge and agree that Marketplace and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon the End-User’s acceptance of the terms and conditions herein, Marketplace will have the right to enforce this Agreement against him/her as a third party beneficiary hereof.

The End-User acknowledges that Deskotel shall have the right to terminate or suspend the services or use of the Application by the End-User due to any change in terms and conditions of the Android & iOS Developer Program License Agreement entered into between the Programmer and the Marketplace or if required to be done by the Marketplace or under the laws of India.

9. CONCLUSION OF THIS AGREEMENT

The End-User acknowledges that the terms of this Agreement has been concluded between Deskotel and him/her and not with the Marketplace.
The End-User acknowledges that the Marketplace has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. The Marketplace is not responsible for the Application and the contents thereof.

10. DISCLAIMERS

Disclaimers with regard to the content and information:
The content and the information provided in and forming part of the Application and / or made available to the End-User while using the Application is and would be based on the Programmer’s or third-party service providers assurance, own research, knowledge, belief, artificial intelligence or algorithm. The End-User’s or any third party’s views, knowledge, belief may differ from that of the Programmer or third-party service providers. The content and the information provided in and forming part of the Application and/or is made available to the End-User while using the Application may differ from the actual or real information.
Deskotel, Marketplace and the Programmer shall neither be responsible for the results of any action taken on the basis of content and information provided in and forming part of the Application and / or made available to the End-User while using the Application nor for any error or omission therein. The Application is licensed on the terms and understanding that Deskotel is not engaged in rendering professional or other advice or services. Deskotel, on its own behalf and on behalf of the Programmer, expressly disclaims all liabilities and responsibilities to the End-User in respect of anything, and of the consequences of anything, done or omitted to be done by the End-User in reliance, whether wholly or partially, of such contents or the information.
General Disclaimers
Deskotel disclaims all warranties, express or implied, statutory or otherwise, including but not limited to quality, accuracy, completeness, effectiveness, reliability, fitness of the content and the information for a particular purpose, usefulness, road conditions, route usability, expeditiousness to the maximum extent permitted by applicable law;
Neither Deskotel nor the Service Providers shall be liable for any loss, damage or inconvenience caused to the End-User from any interruption in the features or functionality of the Application due to technical snag, system failure, network attacks scheduled or unscheduled maintenance or for reasons beyond control of Deskotel including but not limited to failure of the network provider, network incompatibility geographical location, and weather conditions.
Deskotel shall not be liable to the End-User or any person claiming through him in respect of any claim, demand or action alleging any loss, injury or damage, direct or indirect, which may arise out of use of the Application.
Deskotel shall have no responsibility for any loss or damage that may cause to the End User’s device (include mobile phone, tablets or other electronic systems or data therein).

11. INDEMNITY

The End-User agrees to indemnify and hold harmless Deskotel, its employees directors, agents or any other person representing, or acting on behalf of, Deskotel from and/or against any claims, actions, or demands, including without limitation legal and accounting costs, resulting from the use of the Application by the End-User in breach of the terms of this Agreement.

The End-User further agrees to indemnify and hold harmless Deskotel, its employees, directors, agents, Service Providers or any other person representing, or acting on behalf of Deskotel from all losses and/or damage caused to Deskotel, its employees, directors, agents, Service Providers or any other person representing, or acting on behalf of Deskotel resulting from the use of the Application by the End-User in breach of the terms of this Agreement.

12. SUSPENSION

Deskotel shall have the right to suspend partially or permanently the services provided under the Application if so directed by the Marketplace or if it is required to be done under the applicable laws.

13. PRIVACY

The End-User herein agrees and acknowledges that for the purposes of rendering the services contemplated herein through the Application, Deskotel may require creation of user profiles on the basis of personal information including but not limited to user’s phone number, name, age, date of birth, parentage, gender, complete addresses, location, pin code, geo location data, IP address, e-mail addresses, virtual profiles (social/ professional), occupation/ profession, photograph, government issued identification proof, user preference based data, additional/ emergency contact, medical data, mobile device firmware and software details, sim card details, mobile device application details, mobile device accessibility and permissions, calling data, user data from other applications used by the End-User, data and permissions from any and all mobile device peripherals/ accessories, payment information, etc. The End-User agrees to share the same and acknowledges to have read and understood the privacy policy/agreement applicable with respect to the Application.

14. USE OF THE APPLICATION

The End-User shall be solely responsible for maintaining the confidentiality of its password and account information as may be required for accessing the features of the Application. The End User shall not authorize any third party to use the Application on its behalf, and shall be responsible for all actual or purported use by the Client and those allowed by the Client to use the Application. The End-User shall not divulge, sub-license, transfer, sell or assign its password, online account information and credentials under

any circumstances. The End-User shall be solely responsible for all usage or activity on the Application including, but not limited to, use of the Application and its online account by any person who uses its password and account information, with or without authorization by the End-User. If the End-User has reason to believe that its account is no longer secure, it must promptly change the affected password and account information and notify Deskotel of the problem by e-mailing it.

15. THIRD PARTY SERVICE PROVIDERS:

It is agreed and acknowledged by the End-User that the Application may be dependent on and/or interoperate with third-party owned or controlled platforms and services, e.g., Telecom operators as mentioned herein above and the Application may require the End-User to be registered with such third party’s platform and provide certain account credentials and other information in order to use and access the Application. The End-User agrees to comply with the terms and conditions of such third party’s platform.

16. SUPPORT

Deskotel endeavours to provide an efficient and appropriate technical updates, upgrades and support updates for the Application; provided however, Deskotel shall not be under any obligation to provide support or maintenance for the Application under these terms and condition and Deskotel reserves the right to limit or discontinue the support, upgrades and updates provided by it from time to time. Deskotel may change or modify the Application or any of its features or functions, or may suspend or discontinue the Application. It is agreed and acknowledged that any such change, suspension or discontinuance shall be without liability whatsoever to the End-User.

The End-User further agrees and acknowledges that the Application or any of its features may be totally or partially unavailable from time to time in some of the geographical locations because of technical, legal or other reasons.

OTHER RESTRICTIONS AND OBLIGATIONS OF THE END-USER:

The End-User guarantee that information and other content, including personal information, date of birth, and information regarding the device, location and all other information provided by the End-User for and while using the Application are correct to the best of the End-User’s knowledge, and the same are: (a) not in violation of applicable law or any third party’s legal rights, (ii) shall not corrupt or disrupt the Application, and (iii) that End-User has the right to share the said information with Deskotel (and End-User authorizes Deskotel to use the said information) so as to enable Deskotel to provide the services contemplated in the Application or discharge the features therein and share the information with other users of the Application and third party service providers.
The End User agrees to use the Application and all its parts and features (include its content) only as expressly permitted under these terms and conditions and for personal use and for the purposes contemplated herein. End User shall not use the Application for creating multiple accounts, redirecting traffic, or for any unethical or unfair trade practices. End User agrees that Deskotel may suspend or terminate the use of the Application without any prior notice in the event it is believed by Deskotel in its sole discretion that the End User is using or has used the Application in the manner prohibited by law or the same are in breach of these terms and conditions. The End User shall not use the Application

17. NOTIFICATIONS

Depending upon End-User’s settings in the device, Deskotel may promulgate with push notifications, alerts and other messages related to the Applications, its features, upgrades, updates and other communication etc. In case the End-User does not intend to receive push notifications/alerts/messages, the End User may opt out by changing the notification related setting in the device. The End User may also unsubscribe or opt out by either following the specific instructions included in such messages/alerts/communications or by emailing Deskotel at: support@callerdesk.io

18. TERMINATION

This Agreement shall be valid unless terminated.

Deskotel shall have the right to unilaterally terminate or suspend the End-User’s access to the Application, with or without warning, in an event of breach of any of the terms of this Agreement by the End-User. In an event of such termination, the fees paid for purchasing the license under this Agreement (if any) shall be non-refundable. Upon termination of the End-User’s access to the Application, this Agreement will be terminated simultaneously.

19. GOVERNING LAW

This Agreement shall be governed by and interpreted in accordance with the laws of India.

20. DISPUTE RESOLUTION

All the disputes arising out of this Agreement shall be subject to the jurisdiction of the Courts in New Delhi, India.

21. MISCELLANEOUS

The End-User may direct any questions, complaints or claims relating to the Application at the following contact information.

Email: support@callerdesk.io

Phone No.: 888-220-1213

Terms & Conditions