TERMS OF USE

These terms of use ("Agreement") for the Application (as defined below) are a legal and binding agreement between ("you", "your" or "yourself"), as the User and Airtel Digital Limited and/or its affiliates ("we", "us", "our" or “Airtel Digital Limited"). This Agreement governs your use of the Application and Services. Please read this Agreement carefully before using the Application.

By registering on or otherwise by accessing or using the Application /Service in any matter, you (a) acknowledge that you have read and understood this Agreement and consent to become a party to it, (b) represent that you are in compliance with all requirements under this Agreement, and (c) agree to be bound by and to comply with this Agreement.

The Application and the Service may be used only by Users (as defined below) who are lawful owners of, or, at the responsibility of such owners have the necessary authorization for (a) using the MSISDN (defined below) and Devices (defined below) and (b) for making payments, if any, through or in connection with the use of the Application and the Service. If you are not such a User or if you do not accept the terms of this Agreement then please do not access or user the Application and/or Services and discontinue the registration process.

Airtel may amend the terms of this Agreement by posting a copy of the modified or amended Agreement on the Application. Your continued use of the Application and/or the Services after notification of such change will signify your acceptance of any amendment.

A. Definitions

Affiliate(s) means any entity that is Controlling, Controlled by, or is under the common Control with that entity. Control means the power to direct or cause the direction of management and policies of an entity, either directly or indirectly, whether through direct or indirect ownership, voting rights, contract or otherwise. 'Controlling', 'Common Control' and 'Controlled by' will be construed accordingly.

Application means Airtel Thanks Application and website www.airtel.in (“collectively referred to as “Application”) which is made available by Airtel. Application includes the Documentation.

Contaminant means a virus, worm, trojan, time bomb, contaminant, or disabling or malicious code, files or programs.

Content means all audio or audio-visual content (including metadata) that is made available to Users through the Application as part of the Service.

Device means any device (including mobile handsets and tablets) on which Airtel allows the downloading and use of the Application.

Documentation means any information, manuals, usage instructions and other documentation that Airtel provides along with the Application.

Marks means any proprietary logo, branding, name, trademark and other marks.

MSISDN means the Mobile Subscriber Integrated Services Digital Network-Number that a User uses to register on the Application for availing the Service.

Personal information is any information that can be used by itself to uniquely identify, contact, or locate a person, or can be used with information available from other sources to uniquely identify an individual

Privacy Policy will mean the privacy policy of Airtel Digital Limited.

Proprietary Materials means the Service, Application, Content and Airtel's or any third party's Marks.

Services means the various services and/or facilities, including but not limited to information, entertainment, promotion and/or engagement services and/or facilities as may be provisioned thereunder and provided by us to its users.

User(s) means an end user of the Application who (a) has downloaded the Application on his or her Device for availing the Services for personal and non-commercial use, (b) if applicable, has validly registered for the Service through the required registration process, and (c) fulfils all prerequisites and conditions under this Agreement. The term 'User(s)' includes you.

User Material means posting messages, submitting reviews, inputting data, suggesting playlists, suggesting ideas or engaging in any other form of communication through the Application and/or Service.

B. Services

This Application is made available by Airtel. You will need to access or download and install the Application (as the case may be) on your Device to use the Service. The Application provides to its Users, the ability to avail various Services, subject to this Agreement. The Agreement is an electronic record in terms of the Information Technology Act, 2000 (as amended / re-enacted) (“IT Act") and rules thereunder, and is published in accordance with the provisions of Rule 3 (1) of the of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021, which mandates for publishing of rules and regulations, privacy policy and terms of use for access or usage of Application. This electronic record is generated by a computer system and does not require any physical or digital signatures.

C. Requirements and Restrictions

Registration: To avail the Service you may need to register on Airtel's website or on the Application and create an account, which may involve (without limitation): (a) setting up a profile, (b) providing your MSISDN, name, email, gender and location, (c) creating a username and password, (d) providing your Financial Information (e) providing other data and information that Airtel may require for User registration, and (f) receiving and entering one-time passwords. You must ensure that all information you provide in connection with the foregoing is correct and accurate, and you will be solely responsible for the protection and confidentiality of your username, password and account. You will take all necessary precautions to prevent unauthorized and illegal use and unauthorized access to your account. Airtel will not be responsible for any misuse of the User’s Device or unauthorized access to the User’s account details by any third party. Airtel expressly disclaims any and all liability, howsoever arising, out of the misuse of the Application downloaded by the Customer. Airtel will not be responsible for any unauthorized, unlawful or illegal use of the Service or the Application by any User or person who is not a Valid User.

Age. In order to use or register for the Service, you must be above 18 years of age.

MSISDN & Device: You agree that you are not allowed to gain access to or use the MSISDN, account, or device of any other User / person for using the Service in any manner. You hereby represent that you have the complete authority to use the Device you are using for availing the Service, and will be liable for any transactions made from that device in connection with the Service.

Device Compatibility : You acknowledge that the Service may be available / compatible only on select devices, depending on technical compatibility and rights available with Airtel and the Content owners. You understand that Airtel at any time may restrict the use of the Application and Service on any particular device, platform or format. You will not use the Services on any such restricted devices, platforms or format.

Connectivity: Access to and use of the Service will be internet based. You will be responsible for obtaining Internet connectivity (and all devices necessary for such connectivity) and paying all fees in connection with such use. Separate charges may be applicable for accessing and using the Service, including for subscription, streaming and download.

Releases: The terms of this Agreement will also govern any upgrades, updates, modifications, enhancements or other releases of the Application.

Usage: Your use of the Proprietary Materials (a) must strictly be for your personal and non-commercial use in accordance with this Agreement, and (b) is revocable (in accordance with this Agreement), non-exclusive, non-transferable and limited by the terms of this Agreement and applicable laws, regulations, rules and guidelines.

No Public Exhibition : No public exhibition of the Service, Application, any Content is permitted, with or without consideration.

Privacy Policy: Please refer to the Privacy Policy of the Airtel. Please also note that your use of the Application or Services on your Device or download thereof from Google play store/Apple app store or any other store may be subject to the respective privacy policies as may be published or made available by the Device and Google play store/Apple app store or any other store.

D. Technical Restrictions; Other Limitations

The Service is provided for personal and non-commercial use only. You are not allowed to use any automated system for the selection, downloading or streaming of any portion of the Application or Channels, including by way of robots, spiders, offline readers or load testers that accesses the Service in a manner that sends more request messages or download requests to Airtel's servers in a given period of time than a human can reasonably produce in the same period by using the Application or Service. Further, you may not use any script or other mechanism to collect, scrape or gather any information or data from the Application or the Service. You will not gather information and data (including Personal Information) of any other User's use of the Service for any reason.

Security. You will not, and you will not encourage, assist or authorize any other person to, for any reason whatsoever, violate the security of the Application / Service, including: (a) accessing data not intended for you, (b) logging onto a processor, computing systems, communications or access device or account which you are not authorized to access, including those of any other Users, (c) attempting to probe, scan or test the vulnerability of the Service / Application or to breach security or authentication measures, regardless of your motives or intent, (d) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, (e) introducing a Contaminant in the Service or Application, or in the Device of any other User, or (f) sending unsolicited e-mails or other information, including promotions or advertising. Violations of system or network security of Airtel or any of the Users by you may result in civil or criminal liability. Airtel will have the right to investigate such occurrences, which may include investigating your usage on the Application / Service. Airtel may involve, provide Information to and seek assistance from law enforcement authorities in seeking remedies against such violations

Reverse Engineering. You will not, and you will not encourage, assist or authorize any other person to, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any components, usage rules or other protection measures applicable to the Proprietary Materials or the Application. You further agree that you will not, and will not enable others to, copy (except as expressly permitted hereunder), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, edit, alter, create derivative works of the Proprietary Materials or any software that is a part of the Application / Service, or any part thereof, even if such derivative works are not meant for commercial use (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Airtel. You agree to abide by the rules and policies established from time to time by Airtel. Such rules and policies may include, for example, required or automated updates, modifications, or reinstallations of the Application and obtaining available patches to address security, interoperability, and/or performance issues.

Suspension; Discontinuation. You acknowledge that Airtel derives its rights to provide access to the Channels through the Application from third parties. Such rights may be available to Airtel for a fixed time, for limited methods of distribution or for limited territories. You further acknowledge that due to the foregoing and technical difficulties, scheduled or unscheduled maintenance and upgrades, causes or events outside Airtel's control, or for any or no reason whatsoever, Airtel at any time may suspend or interrupt the Service and the Application, in whole or in part, temporarily or permanently. In addition, Airtel reserves the right to modify or discontinue, temporarily or permanently, any feature or functionality of the Application and Service with or without notice. You agree that Airtel will not be liable to you or any third party for any direct or indirect consequences of any modification, suspension, discontinuation or interruption of the Service and Application.

Take Down. Airtel may be required to take down certain media, Content or other materials off the Service (or otherwise restrict access to them) for compliance with applicable laws, regulations, guidelines, and rules, and for commercial reasons. Accordingly, Airtel reserves the right to remove any such Content from the Service or put in place any number and manner of restrictions on the access or use of such Channel. You will have no claims whatsoever against Airtel for placing such restrictions with or without notice.

Data & Information

Information. You hereby authorize Airtel and consent to Airtel's collection, storage and use of any information and data related to or derived from your use of the Application, and any information or data that you provide to Airtel ("Information"). In connection with the foregoing, you further acknowledges that Airtel at all times will have the unrestricted right to track all your activity on the Service and Application, including your subscription to the Services. Airtel reserves the right to use such Information for marketing, business development, evaluation and service-enhancement purposes. Except as specified in this Agreement, Airtel will be entitled to reproduce, use, provide and distribute the Information to its Affiliates, subcontractors, partners, agents and licensors, without restriction. Notwithstanding the foregoing, your Personal Information will be used only in accordance with the Privacy Policy and applicable law. This provision will survive the termination or expiry of this Agreement.

Unique Identifiers.

Airtel may insert identifiers in the metadata that accompanies the Content, or your account, and that uniquely identifies your account or the Content as Content you have accessed or purchased ("Unique Identifiers"). These Unique Identifiers may include a random number that we may assign to your account, to your order, to the Content you access, to the copy of the Content you access or download / purchase (including the date and time). Unique Identifiers may identify the genre, the origin of the Content, and other such information and may act as an indicator that the Content was accessed or downloaded from the Application using the Service. These Unique Identifiers do not affect the playback experience. You will not, and will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Unique Identifiers in any manner.

Social Networking Sites

You may also access the Services from a social networking site ("SNS"), such as Facebook. If you access the Services through the SNS, you agree to (a) provide us access to your Personal Information that you may enter on the SNS in connection with your use of the SNS or the Service, (b) post certain notifications or events related to the Service on the SNS on your behalf; or (c) access your friends list and other activities. If you do not want the Application to post notifications on the SNS on your behalf or access your friends list, you may change the settings on the SNS, if available.

The Application may allow you to register using your SNS account. If you register for the Service using any SNS account(s), you will be entirely responsible for maintaining the privacy and security of such SNS accounts. Further, you understand that Airtel does not control such accounts in any way and Airtel in no way will be responsible for the safety and security of such accounts.

As part of the Service, Airtel may allow you to share your Service-related activities on SNS websites through the Application. You will be solely responsible for any materials that you share, provided that you allow Airtel to re-post, re-share and otherwise use such materials.

Advertising

The Proprietary Materials, including the Service and Airtel's website may contain advertising content from Airtel or any other third party. Airtel does not take any responsibility of any such third party advertising materials, and will not be liable for any of your actions or purchases or losses that you may suffer in relation to or as a result of any such advertising.

Purchased Content; Per-Download Service

Depending on the availability of rights from the relevant third parties, you may be allowed to purchase and download certain Content through the Service. Upon Airtel's successful receipt of the payments related to such purchase, you will have the right to retain a copy of such Content for your use as the owner of that copy of the Content, subject to the underlying rights (including copyrights and other intellectual property rights of the authors, composers, performers, artists, publishers and record labels). Your use of such downloaded / purchased Content may be restricted as per applicable laws and rights of such third parties. You will be entirely responsible for your use in any manner of any purchased Content. You may access the downloaded or purchased Content only on your Device and will not transfer the same to another device. You acknowledge that Airtel may place any access, read/write and other technical restrictions on the purchased or downloaded Content. Such restrictions may include disabling the copying or transfer of the Content to another device.

Streaming & Subscription

You understand and agree that any Content made available to you for streaming only is solely intended for real time viewing and listening and, except as may be technically required for the purposes of real-time streaming, no Content must not be copied, stored or downloaded even for your personal use. You may not use any method or technology to record, capture, or otherwise copy or reproduce any Content which is provided for streaming only.Any Channel that you access on a subscription basis will be available to you only for the duration of the subscription for which you have paid. Your rights to use and access the subscribed Channel will end automatically upon expiry of the subscription period.

Payment & Financial Information

You agree to pay requisite charges for the use of the Services in accordance with the rates published by Airtel, which may be modified from time to time.

You represent and warrant that the payment and financial details ("Financial Information") that you provide for availing the Services are correct and accurate. You will be liable for any misuse or fraudulent use of your Financial Information, credit cards, debit cards or other payment mechanisms, and the onus to prove otherwise will be exclusively on you. All Financial Information that Airtel collects will be governed as per the Privacy Policy. Airtel will not be responsible for any transactions you make for using any portion of the service. All claims and complaints for any failed or incorrect transactions must be directed to our payment processing partners and/or your bank (as the case may be). You are responsible for the timely payment of all fees and for providing Airtel with a valid method of payment.

All billing and payment (whether subscription or per-use) for your use of the Service, Application and Channels will be as per the existing rates and policies of Airtel, subject to change from time to time. You acknowledge and understand that Airtel may use third party partners and gateways for processing any payments from you. Airtel does not control such partners and gateways and any transactions you make through them will be subject to separate terms and conditions of such third parties and gateways. Any Personal Information that you provide in relation to such billing and payment will be subject to Airtel's Privacy Policy and the policies of such third party partners and gateways, as the case may be. Airtel will not be responsible for the protection and privacy of your Information if the payments are processed directly by such third party partners and gateways without any involvement of Airtel in the processing of the payment other than providing necessary access.

You understand that all payments you make in relation to the use of the Service, including any subscription fees or one-time payments, will be final and non-refundable, except if Airtel cancels your subscription to a Channel for convenience (in which case Airtel will refund you the subscription fee on a pro-rata basis). No refunds will be made if your access to the Service is terminated for your breach of this Agreement.

Airtel reserves the right, at any time, to change its subscription and one-time fees. Airtel does not provide price protection or refunds in case of price reductions or promotional offerings after your purchase.

Third Party Sites

Airtel's website may include links to other sites on the internet that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products or services provided by the third party. These third party sites may contain information which some people consider inappropriate or offensive. You acknowledge that these third party sites are beyond our control and Airtel will not be responsible for the content on such third party sites or for its availability. You must contact the site administrator or webmaster of those third-party sites if you have any concerns regarding such links or the content on such sites. Your use of those third-party sites is at your own risk, and is subject to the terms of use and privacy policies of each site. Airtel may include third party links or references merely as a convenience to the Users and does not endorse nor assume any liability for the third party websites, services, or products or for any Personal Information collected, processed, shared or retained by such third parties.

Any dealings with third parties (including advertisers) or participation in promotions, including the delivery of or the payment of goods and services, and any other terms, conditions, warranties or representation associated with such dealings or promotions, are solely between you and the advertiser or other third party. Airtel shall not be responsible or liable for any part of any such dealings or promotions. You acknowledge and agree that the use of any third party services is governed by the terms of use, privacy policy or other such agreement stipulated by the relevant offeror of each such Linked Services.

Airtel may sell or direct Users to certain services and/ or products provided by its Affiliates. In such cases the terms of use, privacy policy and terms and conditions provided by such Affiliates have to be complied with.

Intellectual Property Rights

You must comply with all applicable laws, rules, regulation and guidelines in connection with your access to and use of the Proprietary Materials. You may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sublicense or otherwise transfer or use the Proprietary Materials unless Airtel or the relevant third party consents in writing in each instance. Nothing in this Agreement grants you any synchronization, public performance, promotional use, commercial sale, resale, reproduction, rental or distribution rights in the Proprietary Materials.

You will not violate the copyright and any other intellectual property rights in the Proprietary Materials by any means for any purpose. The Proprietary Materials may contain third party materials, software, code, script or other materials licensed by Airtel from third parties. You acknowledge that such third parties retain ownership and all rights in such materials and you will not infringe the rights of such third parties in any manner, including by reverse engineering, decompiling, disassembling or otherwise tampering with such materials. Proprietary Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to them remain with (as the case may be) the relevant third parties or Airtel, or their licensors or suppliers.

You acknowledge that Airtel retains exclusive ownership of the Application and/or Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Proprietary Materials, and Airtel, its licensors and the relevant third party owners reserves all rights not expressly granted hereunder. You will promptly notify Airtel in writing upon your discovery of any unauthorized use or infringement of the Proprietary Materials or Airtel's patent, copyright, trade secret, trademarks or other intellectual property rights.

Termination

The Services offered to you may be terminated by Airtel without assigning any reasons at any time at the sole discretion of Airtel. Upon termination / suspension, you shall not have the right to use or access the Application/Services. This Agreement will terminate automatically if you breach or fail to comply with any terms and conditions of this Agreement. The foregoing will not limit any other rights or remedies under contract, law or equity available to Airtel and Airtel may take such measures available in contract, law and equity that it may deem appropriate. Upon the termination of this Agreement, you must cease all use of the Proprietary Materials and uninstall the Application. Termination of this Agreement by Airtel will not relieve you of any obligations to pay any accrued charges, including any prorated charges accrued for the billing cycle in which this Agreement is terminated, or any other outstanding amounts for your use of the Service.

E. Disclaimers

You expressly agree that the application and service are provided on an "as-is" basis and the download, installation and use of the application, service, channels and content is at your sole risk. Airtel does not make, and disclaims, any representations or warranties, express, implied or statutory, regarding the service and the application, or its merchantability, fitness for a particular purpose, title, non-infringement of third party rights, or any warranties arising by course of dealing or custom of trade. Airtel makes no representation or warranty that the material displayed on or offered through the service are accurate, complete, appropriate, reliable, or timely. Airtel also makes no representation or warranty that the application or the service will meet your requirements or that your access to and use thereof will be uninterrupted or error-free, or that the application will be compatible or interoperable with any user's device.

Further, you acknowledge that, while using the service / application, compatibility and interoperability problems may cause the performance of your device to diminish or fail completely, and may result in permanent damage to such device, including loss of the data, software and files on the device. You acknowledge and agree that airtel and its affiliates, and licensors will have no liability to you or any third party for any losses, costs or claims suffered as a result of or in connection with such compatibility or interoperability problems.

You futher understand and agree that the application only enables users to access the content and that Airtel is not the author of the content and has no control or right over the creation or the substance of the content. All content is controlled by the respective third party owners and licensors who have made available the content for the channel.

You acknowledge that Airtel may not and is not required to screen, censor or edit any portion of the content before providing access to you the users. By using the service, you expressly acknowledge and agree that Airtel shall not be responsible for any damages, claims or other liability arising from or related to your access, use or download of any content in any manner.

You further understand and agree that access to all content is made available on an 'as-is' basis. Airtel does not provide any representation or warranty, and disclaims all representations and warranties (express implied or statutory) and all responsibility and liability, regarding the channels and their respective content, including, without limitation, their (a) quality, substance, accuracy, reliability, appropriateness or any other standards, (b) compliance with applicable laws, rules, regulation and guidelines, or (c) title or non-infringement of any party's rights. Airtel has no liability for any channel or content you find to be offensive, indecent, objectionable, slanderous or libelous.

You further understand and agree that you shall be solely responsible for obtaining and maintaining any equipment and ancillary services (including the payment of any additional fees therefore) required to connect to, access or otherwise use the services, you will also be responsible for maintaining the security of the equipment and for all uses of the equipment with or without your knowledge or consent.

You acknowledge that you are solely responsible for the content and other materials you transmit through the service or share with other users or recipients. You will not transmit any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein.

You acknowledge that Airtel and/or its respective affiliates makes no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software and services and related content contained on the application for any purpose. All such information, software and services and related content are provided "as is" without warranty of any kind. The company and/or its respective suppliers hereby disclaims all warranties and conditions with regard to this information, software, and services and related content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

You acknowledge and agree that the Airtel shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the application. You specifically agree that the company is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal services or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that the company is not responsible for any services sent using and/or included in the application by any third party.

F. Limitation of Liability

To the maximum extent permitted by applicable law, Airtel, its licensors, suppliers, partners, affiliates or third-party service providers will not be liable to you or any third party, whether under law, contract (including fundamental breach) or tort (including negligence), for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or for any loss of profits, revenues, data, business, production or goodwill, or for any other form of damages in any manner arising out of or in connection with the services, application, channel, content or this agreement, including but not limited to (a) loss of use, data or profits arising out of or in any way connected with the use or performance of application; (b) any delay or inability to use the application or services; (c) the provision of or failure to provide services, or for any information or services obtained through the application; (d) or otherwise arising out of the use of the application or the services of the company, regardless of the form of action or the basis of the claim or whether or not Airtel has been advised of the possibility of such damages. All other disclaimers available at any of the associated pages or links of Airtel, are deemed to be incorporated herein by reference.

G. Indemnity & Release

You agree to indemnify and hold harmless Airtel, its licensors, service providers, their Affiliates, and each of their employees, officers, directors and agents (together, "Indemnified Parties") against any losses, expenses, costs or damages (including reasonable attorneys' fees, expert fees' and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement, and including infringement of the copyright or any intellectual property right in the Content, Application or Services, (b) your access and use of the Proprietary Materials, (c) your breach of applicable laws, rules, regulations and guidelines, (d) your negligence and misconduct, (e) your infringement or misappropriation of intellectual property rights of any party, (f) Airtel's execution of any of your instructions, or (g) the use of the Service by any other person using your MSISDN or Device.

To the fullest extent permissible under applicable law, you release and discharge the Indemnified Parties from any liability resulting from your use or possession of the Application, including in relation to the following: (a) any product liability claims, (b) any claim that the Proprietary Materials fail to conform to any applicable legal or regulatory requirement, (c) any claim arising under any consumer protection or similar legislation, and (d) any misuse or unauthorized access of your Airtel account.

H. Dissemination by You and Compliance with IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

You will not, and will not allow others to, use the Service, Application, other Proprietary Materials, and your Device and MSISDN, directly or indirectly, to upload, distribute, transmit, communicate, provide a link to, or publish any data, information or material using or through the Service, that: (a) belongs to another person and to which you do not have any right to, (b) is grossly harmful, pedophilic, libelous, defamatory, vulgar, obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive, against public interest and sentiment, disparaging, or relating or encouraging money laundering or gambling, (c) violates any law or regulation for the time being in force, or is unlawful in any manner whatever, or the rights of others, (d) harm children in any way, (d) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service, (e) infringes any patent, trademark, copyright or other intellectual property, proprietary rights or confidentiality obligations of any person or entity, (f) deceives or misleads the addressee about the origin of such messages or intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; , (g) impersonate another person, (h) threatens the unity, integrity, defense, security or sovereignty of India, 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 other nation;(h) contains Contaminants, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, or (i) is patently false and untrue, and is written or published in any form, with intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

By posting any User Material, you are not forfeiting any ownership rights in such User Material and you continue to retain all of the same ownership rights. Provided that by submitting or posting User Material, you irrevocably grant Airtel a perpetual, fully-paid, royalty-free, sub-licensable, transferable license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publish any such content and all intellectual property rights associated therewith, throughout the world in any media formats and any media channel now known of hereinafter devised, for any promotional or commercial purposes, during the full term of copyright and all renewals and extensions thereof, without any obligation to make any payment to you or others or to give you credit. If Airtel decides to give you credit at Airtel's sole discretion, you further grant Airtel the right to use your name and likeness under the license contained in this paragraph in association with your User Material and the promotion and advertising thereof. You also waive any right to inspect or approve any final product in this regard.You will ensure that User Material comply with the requirements under this Agreement.

By submitting or posting the User Material, you represent and warrant that you own the User Material. You also represent and warrant that the posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. By submitting or posting the User Material, you agree that your submission of the User Material does not in any way implicate you as an employee, agent, or partner of Airtel. You also agree to comply with Airtel's community rules. By submitting or posting the User Material, you further forever release and discharge Airtel, its affiliates, advertising agencies, successors, assigns and their respective officers, employees, agents from any and all claims, actions and demands arising out of, or in connection with, the use of your User Materials, your name and biographical data, including any and all claims for invasion of privacy and libel. This release will inure to the benefit of the assigns, licensees and legal representatives of Airtel. You warrant that any User Materials will not contain any material that is obscene, defamatory/libelous to any party (including Airtel or its Affiliates and any of the Content providers), or in violation of any applicable public interest, privacy and other codes, guidelines and laws.

Airtel does not endorse the User Material, and the User Material does not reflect the opinions or policies of Airtel. Airtel reserves the right, but will have no obligation, to monitor the User Material and to restrict or remove the User Material that Airtel determines, in its sole discretion, is inappropriate or for any other reason. Please report inappropriate User Material posted by any User by emailing us at ADLGrievance.Officer@airtel.com.

Misuse of the Services (or use not in accordance with the intended purpose for which the Service and Application is provided to Users) in any manner is strictly prohibited. You agree to comply with the following:

You will not use the Service in a way that (i) is not for your personal and non-commercial use, (ii) is meant to circumvent the use restrictions in place on the Application, or as specified under this Agreement, or notified by Airtel from time to time, or (iii) is meant to distort any data, information or other metrics collected or that may be collected by Airtel in relation to the provision of and Users' use of, or otherwise that in any manner adversely affects, the Services, Application, Channels, Content and other materials.

You also may not use, nor allow others to use, your MSISDN, Device, Service or Application, directly or indirectly, to:

(i) attempt to or actually disrupt, impair or interfere with, or alter or modify, the Service, Application or any information, data or materials posted or displayed on the Application,

(ii) act in a way that negatively affects Airtel's goodwill, the Service, or anyone else.

You agree to comply with all applicable laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service, Application, Channels, Content, Device and MSISDN. You will not use any of the foregoing for any unlawful means and purposes.

I. Miscellaneous

Governing Law. Any dispute or claim (contractual or non-contractual) arising out of or in relation to this Agreement, including disputes as to its formation, will be governed by and construed in accordance with Indian laws, without regard to its conflict of laws rules. Airtel and you submit to the exclusive jurisdiction of New Delhi courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply to the Agreement.

Entire Agreement. This Agreement together with the Privacy Policy contains the entire agreement between Airtel and you with respect to its subject matter and supersedes any and all prior or contemporaneous agreements or communications, either oral or in writing, between Airtel and you with respect to the subject matter hereof.

Severability. The invalidity or unenforceability of any provisions of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, which will remain in full force and effect.

Survival. The provisions of this Article, and any provisions relating to licenses, indemnity, governing law, jurisdiction, arbitration, confidentiality, intellectual property rights and other provisions that by their nature survive expiry or termination, and those representations and warranties that are required to supplement the above Articles for making them effective, will survive the expiry or termination of the Agreement.

No Waiver. No failure to exercise or any delay in exercising any right, power or remedy by a party under the Agreement will operate as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made expressly in writing.

Amendments. Airtel may modify or amend the terms of this Agreement by posting a copy of the modified or amended Agreement on the Application or website. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Service / Application following the date on which the modified or amended Agreement is posted.

Use Restriction: You must not access the Application if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Services under the laws of India.

Third-Party Fees: You may incur access or data fees from third parties (such as your internet provider or mobile carrier) in connection with your use of Services and of Application. You are solely responsible for all such fees.

Updates: You may need to install updates to the Application or related software that we introduce from time to time to use of the Application. Services originating from the Application may communicate with the servers from time to time to check for available updates to the Services and to the functionality of the Application, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Services you have installed requires that you have agreed to receive such automatically requested Updates.

Accuracy of Information: You agree that the information entered by you while profile creation/updation or using any of Services is true, current, complete and accurate in all respects. Airtel is not responsible for any losses arising out of discrepancy in your data. You are solely responsible for maintaining confidentiality and security of your user account and for all activities that occur on or through your user account. Airtel is not responsible for any losses arising out of the unauthorized use of your user account.

Force Majeure: Airtel shall be under no liability whatsoever in the event of non-availability of any portion of the Application or subscribed content or services occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure or any other cause whatsoever beyond the control of the Company.

Assignment. You may not assign your rights under this Agreement without Airtel's prior written permission and any attempt by you to do so will be void from inception. Airtel may assign or transfer this Agreement in its entirety at any time without notice and without your consent.

Airtel's performance of this Agreement is subject to existing laws and legal process and the policies and business decisions of Airtel, and nothing contained in this Agreement is in derogation of Airtel's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Proprietary Materials or information provided to or gathered by us with respect to such use.

In this Agreement, unless specified otherwise: (a) "include" means "including without limitation", (b) singular includes plural, and vice versa, (c) reference to one gender includes the other, (d) references to any time of day are to Indian Standard Time, (e) reference to a statute or a statutory provision include its amendments, modifications, re-enactments and consolidations, and (f) the rule of construction that an agreement should be interpreted against the party responsible for drafting it will not apply to this Agreement.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Please visit these terms of use regularly to stay updated on the currently applicable terms for your use of the Service, Application and Content.

Grievance Office- In case you find any objection to the Content/Information available of Airtel Thanks App, please write to us at ADLGrievance.Officer@airtel.com with details of the objectionable content/information. You are also requested to leave your name and contact details with us.