Acceptance of these terms
These Terms of Use (the “Terms”) form a binding agreement between you and Codivo Labs (“Codivo Labs”, “we”, “us”) governing your use of the Naam Jap Counter - Smaran application for iOS & Android, together with any updates to it (the “App”).
By downloading, installing or using the App you accept these Terms. If you do not accept them, do not use the App and remove it from your device. If you are using the App on behalf of an organisation, you confirm that you are authorised to accept these Terms on its behalf.
Our handling of information is described separately in the Smaran Privacy Policy, which forms part of these Terms.
Acknowledgement (Apple and Google)
Where you obtained the App from the Apple App Store, you and we acknowledge that these Terms are concluded between you and Codivo Labs only, and not with Apple Inc. Codivo Labs - not Apple - is solely responsible for the App and its content. These Terms do not conflict with the App Store Terms of Service in force at the date you obtained the App; to the extent of any conflict, the App Store Terms of Service prevail.
Where you obtained the App from Google Play, your use of the App is also subject to Google Play's applicable terms of service, to the extent they apply.
Scope of licence
We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App for your own personal use, on any device that you own or control, and as permitted by the usage rules of the store you obtained it from.
The App is licensed to you, not sold. All rights not expressly granted are reserved to us.
What Smaran is not
You acknowledge and agree that the App:
- is a personal counting tool and does not provide religious, spiritual or medical guidance;
- does not verify, certify or guarantee the accuracy of any count against any tradition, teacher or lineage's requirements;
- is not a substitute for professional medical or mental-health advice, and must not be relied on for that purpose;
- relies on the sensors and timing of your device, and a count may occasionally be missed or duplicated by a mistouch or a device limitation.
If you need any of the above, the App is the wrong tool and you should not use it for that purpose. We accept no liability arising from use of the App in reliance on any capability not listed on the product page.
What you may not do
You agree not to, and not to permit anybody else to:
- Copy, redistribute, sell, rent, lease, sublicense or otherwise make the App available to a third party, except as the store's usage rules allow
- Reverse engineer, decompile or disassemble the App, or attempt to derive its source code, except to the limited extent that applicable law expressly permits this despite this restriction
- Modify, adapt or create derivative works of the App, or remove or obscure any proprietary notice in it
- Use the App on a device on which the operating system's security controls have been circumvented
- Use the App in breach of any applicable law or regulation
Accuracy and no reliance
The App counts what you tell it to count - a tap, a bead swipe, or an equivalent input. It does not independently verify that a repetition of your naam or mantra actually occurred, and it cannot detect a missed, duplicated or mistaken input.
- Figures are as-entered. Counts, round totals, streaks and history reflect the inputs the App received, not an independently verified record.
- Do not rely on it for anything beyond a personal count. Do not use the App, or figures from it, for any purpose where an exact or certified count matters - for example a formal vow, a competition, or a requirement set by a third party.
- Local storage can be lost. History and saved counters are stored only on your device. Deleting the App, resetting your device, or a device failure can erase them permanently, and we hold no copy to restore from.
To the maximum extent permitted by law, we are not liable for any loss arising from a missed, duplicated or lost count, or from the loss of history stored on your device.
Maintenance and support
Codivo Labs is solely responsible for providing any maintenance and support services for the App. Neither Apple nor Google has any obligation to furnish maintenance or support services in respect of the App.
Support is provided by email at support@codivolabs.com. We aim to respond within two business days. We do not guarantee that any particular defect will be fixed, that the App will remain compatible with future operating system versions, or that the App will remain available.
Pricing
The App is free to download and use, with no purchases, subscriptions or advertising. If a future version introduces a paid feature, these Terms will be updated first and the change will be made clear in the App and in the store listing before it takes effect.
Warranty
Codivo Labs is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. Where the App was obtained from the Apple App Store, in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will have no warranty obligation whatsoever with respect to the App beyond any refund of the purchase price required by applicable law; any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are our sole responsibility.
Disclaimer
Except as expressly stated in these Terms and to the maximum extent permitted by applicable law, the App is provided “as is” and “as available”, without warranty of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement.
We do not warrant that the App will be uninterrupted or error-free, that every input will register as a count, or that it will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or of statutory consumer guarantees. If you are a consumer in such a jurisdiction, some or all of the exclusions above may not apply to you, and nothing in these Terms limits rights that cannot lawfully be limited.
Limitation of liability
To the maximum extent permitted by applicable law, Codivo Labs will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data or lost counting history, arising out of or in connection with the App, however caused and on any theory of liability.
To the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with the App and these Terms will not exceed ten United States dollars (USD 10).
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
Indemnity
To the extent permitted by applicable law, you agree to indemnify and hold Codivo Labs harmless from any claim, demand, loss, liability, cost or expense (including reasonable legal fees) brought by a third party and arising out of your use of the App in breach of these Terms or of any applicable law.
This section does not apply to a consumer to the extent applicable consumer law prevents it, and it does not cover anything caused by our own breach of these Terms.
Product claims
Codivo Labs, and not Apple or Google, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection, privacy or similar legislation.
Intellectual property
The App, its name, its design and all intellectual property rights in it are and remain the property of Codivo Labs and its licensors. These Terms grant you no rights in our trade marks or branding.
You retain all rights in the mantras, names and other content you enter into the App. We claim no ownership of, and acquire no licence to, anything you store on your device.
Where the App was obtained through the Apple App Store, in the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, Codivo Labs - not Apple - will be solely responsible for the investigation, defence, settlement and discharge of that claim.
Legal compliance and export
You represent and warrant that (a) you are not located 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable local, national and international laws and regulations when using the App.
Third-party terms and beneficiaries
You must comply with any applicable third-party terms of agreement when using the App - for example the App Store Terms of Service or Google Play's terms, as applicable.
Where the App was obtained through the Apple App Store, you and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of them.
Term and termination
These Terms apply for as long as you use the App. You may end them at any time by deleting the App from your devices. We may suspend or terminate the licence granted here if you materially breach these Terms.
On termination, the licence granted to you ends and you must stop using the App. The sections on what the App is not, on accuracy and reliance, on disclaimers, limitation of liability, indemnity, intellectual property and governing law survive termination.
Changes to these terms
We may update these Terms to reflect changes to the App or to legal requirements. When we do, we will change the “Last updated” date at the top of this page. Where a change materially reduces your rights we will give reasonable prominent notice, in the App or in the store release notes, before it takes effect. Continuing to use the App after a change takes effect means you accept the revised Terms; if you do not accept them, stop using the App.
Governing law
These Terms are governed by the laws of India, without regard to its conflict-of-laws rules, and the courts of India will have jurisdiction over any dispute arising out of them.
If you are a consumer resident elsewhere, this does not deprive you of the protection of the mandatory consumer laws of your country of residence, or of your right to bring proceedings in the courts of that country where the applicable law gives you that right.
General
These Terms, together with the Smaran Privacy Policy, are the entire agreement between you and us regarding the App, and replace any earlier understanding about it.
If any provision of these Terms is found unenforceable, it is to be applied to the maximum extent permitted and the remaining provisions stay in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them as part of a transfer of the business that publishes the App.
Contact us
If any part of this document is unclear, or you want to exercise a right described in it, write to us and a person will reply.
Email: legal@codivolabs.com