Terms & Conditions
Terms and Conditions
VoxTalk is a brand owned and managed by Gokrazee Innovations Private Limited (hereinafter referred to as “us”, “we”, “our” or “Company”) a company incorporated under the Companies Act, 2013. The Company aims at providing an interactive, immersive and cinematic mobile application (hereinafter referred to as “App”) enabling young users to develop and enhance their storytelling skills. The domain name _https://voxtalk.app/_ (hereinafter referred to as “Website”) is also operated and maintained by the Company.
The App and Website is a homage to the original storytellers in all our lives- our parents. The aim of the Company is to assist parents/guardians (“you”) visiting, accessing or using the App and Website to encourage their children upto the age 12 years (“your child”) to pursue their storytelling hobbies through the many interactive and engaging features available on the App and the Website.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING AND USING OUR APP OR WEBSITE YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IN CASE YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, KINDLY DO NOT ACCESS OR USE THIS APP OR SOFTWARE ANY FURTHER.
These Terms and Conditions constitute a legally binding agreement between you and the Company, who shall collectively be referred to as “Party” or “Parties”. You accept these Terms and Conditions when you download or install the App on your mobile phones or devices, or use our Website and each time You access and use these platforms thereafter. If you do not accept or agree to these Terms and Conditions, you must discontinue using the App or Website and the services provided therein.
The services constitute a technological platform that allows children to curate, record, edit and narrate stories using pre-set features and prompts available on the App and to also share such curated stories all while having a fun experience on the App as well as the Website. The platform also enables children to post questions and actively partake in answering/curating their responses and insights in various formats, namely audio, video and in written form, as well as share the same on any social media platforms. Such questions/answers can also be submitted by children via a browser link, shared by a user of the App. We intend to provide your child with an App that is safe and secure, albeit entertaining and enjoyable. You acknowledge, agree and understand that We are merely facilitators providing a platform to enhance the storytelling and communication skills of your child and take no responsibility for the actions and misuse of the App/Website by you or your child. It is clarified that any Content posted on the App/Website shall be solely posted by your child and parents are not permitted to post any Content on the App/Website.
- In order to avail the services on the App/Website, users may register for free on the App/Website. You shall have to create a login ID and password that shall be private to you. You shall maintain the confidentiality and security of the login ID and/or user ID and the password/(s) created by you. In the event that you learn of any unauthorized use of your account or your credentials, you shall immediately notify us of the same.
- You shall be solely responsible for your account/(s), password/(s), all the activities that occur under the same and for any actions that take place through the App/Website used by your child under your control and consent. In case you do share your credential information to any third parties, without keeping us informed of the same, we shall not be held liable for such third-party use of your account.
- You hereby represent and warrant that you have completed 18 years of age or above and are the parent/guardian registering your child on this App/Website. In case your child is accessing, using or availing any of our services through the App/Website, it is assumed that such usage of our services on the App/Website is made available under your consent and control. It shall be your responsibility to ensure that your consent is obtained at all times while your child is using our services including sharing and posting any information or Content on the App/Website. We reserve the right to immediately suspend the services or terminate your account if we discover that the consent from the parent or legal guardian is not obtained. We will not be responsible for any consequence or liability arising out of any use or misuse of the App/Website that may result by the virtue of any minor registering and using our services without parental/legal guardian’s consent.
- You hereby agree and acknowledge that any information provided by you through this App/Website is true and accurate. You understand and acknowledge that your contact details shall be up-to-date and valid so as to enable us to provide you with important updates with respect to your account and your child’s activities on the App/Website.
- You understand that the App/Website does not provide undeniable or errorless services. We hold no responsibility if the device or operating system used by you is not compatible with the App/Website and we shall not be held liable for any damage caused to you resulting from the usage of App/Website.
- You also hereby agree and acknowledge that this App/Website is strictly for your personal use and shall not be used for any other purposes whatsoever including but not limited to the following acts:
- Copying, reproducing, distributing, selling, leasing, licensing, publicly displaying, transmitting or broadcasting or making any derivative works of the App/Website through any medium unless otherwise expressly consented.
- Intentionally corrupt, damage or inappropriately delete, alter or destroy any data on the App/Website.
- Undertaking any business activity which is in competition with our business or modifying the service provided through us or its appearance using any technology or offer anything additional in any manner whatsoever without obtaining our prior consent.
- Using the App/Website for any illegal or fraudulent or any such purpose which may result in violation of any law applicable in India or regulations made thereto.
- Harassing or stalking any other users or otherwise interfering with any other person’s use of the App/Website.
- Providing any information or update anything on the App/Website that may infringe any intellectual property rights of any third party or make available on the App/Website any third-party content for which you do not have necessary consent to use such content.
- Abuse or misuse the App/Website, including gaining or attempting to gain unauthorized access to the App/Website or circumvent the security of the App/Website in any manner.
- Allow the introduction of any program or data that has embedded in them any virus, worms or other harmful components such that it harms, disrupts or impedes the operation of the App/Website or alters or destroys any data in it.
- Post any advertisements, promotional materials or business solicitations on the App/Website or otherwise in the course of availing our services.
- Share, post or otherwise make available any Content that is false, misleading, inaccurate information or misrepresents or impersonates any other person or entity or post any Content that is derogatory, misleading, hateful, racial, objectionable, vulgar, offensive, illegal or discriminatory.
You agree to use the App and Website, the services and the Content provided therein in a lawful manner and in compliance with these Terms and Conditions. You understand and acknowledge that any breach or any violation of this clause will cause irreparable harm to us and we reserve the right to injunctive relief against any such violation. In case of breach of security or any other unauthorized use of your account, you shall immediately notify us of the same.
- You agree and understand that all the intellectual property rights including but not limited to trademarks, logos and business identifiers, copyright, patents, trade secrets and designs as well all intellectual property in the form of including but not limited to images, layouts, text, processes, technology, software features and specifications, source code and know-how which form a part of the App and the Website are the sole property of the Company or its respective owners or licensors and you shall have no right to claim any rights over the same or in any manner misuse the same. Use of the App and the Website does not confer any license or assignment to use any of the intellectual property belonging to the Company, its affiliates and suppliers or the respective owners. You understand and undertake that you shall not copy, download, reproduce, distribute, perform, republish, display, post, transmit, create derivative works of above-mentioned intellectual property and use the same only for your and your child’s personal and non-commercial use.
- In the event you feel that your IP is infringed you can write to us email@example.com and we may, after making necessary enquiries, take appropriate action in this regard including removing any infringed article or material from the App/Website and you agree to keep us indemnified against all claims and liabilities arising therefrom.
- By submitting any information, material or content created by your child on or through the services on the App/Website (“Content”), you grant us a royalty-free, non-exclusive, worldwide license (including the right to sublicense) to use, copy, download, reproduce, process, republish, display, post, transmit, create derivative works or otherwise adapt and modify as well as distribute the Content in any and all modes, media, platforms (existing or hereafter developed) and to associate the Content with you. If you choose to make your Content “public”, we do not take any liability for the manner in which any other user uses the Content.
- With respect to the Content that has been made public and where you have not selected the “disable share” option available to you, you provide to the Company, our affiliates or business partners, a license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display such Content in any form and in any and all media or distribution methods or on third party provider platforms. The same shall be subject to the terms and conditions of such third-party provider platforms and the Company shall not be liable for the same.
- You agree to take complete responsibility for the Content posted and shared by your child. You acknowledge that such Content shall be subject to checks by us, through our designated team of content moderators, and we reserve the right to take down, in our sole discretion and issue a warning via e-mail and an in-App notification regarding the removal of any content or material that is illegal, defamatory, libellous, obscene, offensive, abusive, objectionable or anything that is likely to cause injury or hurt to any person or entity or violate any intellectual property of any person or entity or contains a virus or other harmful components likely to impede the operation of the App/Website or if you or your child have been using the services in any manner contrary to the provisions to these Terms and Conditions.
You hereby acknowledge and agree that through the use of the App or the Website you grant the Company the following rights:
- The Company reserves the right to reward your child for the Content they create with tools that include without limitation additional points, goodies, or gifts. These rewards, redeemable with cheer points, shall be at the sole discretion of the Company based on factors that include how active your child is on the App, how effective the Content posted is and how appreciated the Content is among the other users.
- The Company reserves the right to remove your account or temporarily suspend your account on the App if the Company determines in its sole discretion that you or your child have acted in a manner that is contrary to the provisions of the Terms and Conditions set forth herein.
- The Company reserves the right to refuse service to anyone at any time at their sole discretion. The Company also reserves the right to add features, products or functions or to terminate any services on the App or the Website for any reason as the Company deems fit.
- We may in our sole discretion from time to time provide certain updates including certain corrections, changes and improvements to the App or Website, services or relating to the operational performance of the services and you should check the App or Website periodically to review the most current Terms and Conditions. All the updates should be treated as a part of these Terms and Conditions. Your continued use of the App or the Website following any such amendment to the Terms and Conditions will signify your acceptance to any such revised Terms and Conditions.
Since your child is the real user of the App/Website, we feel a great responsibility to make sure VoxTalk is a positive place for your child to enjoy the world of storytelling and fun, insightful conversations. However, your child is essentially underage and therefore you understand and acknowledge that the use of the App/Website by your child is completely your responsibility. The Company shall not be held liable for any acts of your child. Please note that the Company has built certain tools that you may use to control your child’s usage of the App. These include:
- Once your child has created the Content and uploads the same on the App/Website, you and your child have the option to make the Content either private or public. When you allow the Content to be private, only you, your families and people you allow such access would be able to view the Content. In such a case, no other person would be able to view your child’s Content even if you or your child follow the accounts of any other member on the App/Website. If you elect the option to make your Content public, you basically allow the other public accounts on the App/Website i.e., the other children to view the Content.
- The Company reserves the right to share the Content with third party social media platforms. However, you reserve the right to enable or disable this “share” option. If you select the “disable share” option we shall ensure that none of the Content shall be used for such an objective.
- The App allows you to set limits on your child’s use of the App when they are signed in. Here, you may set a limit on how much time they may spend on the App. When your child has spent such a specific time on the App, then the App gets locked and your child may not be able to use the same.
- In order to ensure that you have consented to the sharing of your child’s responses/Content, the App/Website shall seek your one-time consent with a parental consent form for all subsequent Content shared by your child.
You acknowledge that the Company may at its discretion add, modify or remove the tools provided for parental control from time to time.
Our Warranties and Disclaimers
- Access to the App/Website as well as the services provided herein are on an “as-is” basis without making any representations and warranties, expressed or implied. These shall include but are not limited to the implied warranties of merchantability, fitness for a particular purpose, non- infringement, accuracy or likely results, uninterrupted service, loss or corruption of data. We do not warrant that the App/Website or the network system linked to it is free from any operational errors, virus, worm or any other harmful components though We shall take reasonable measures to remedy or avoid any such events. We shall not be held liable for any damages arising out of-
- Any breach or impairment of any privacy, security or confidentiality of your information or any other information on the App/Website brought as a result of your acts, omissions or negligence;
- Any incorrect or inaccurate information provided by you including personal information such as your email address;
- Any unauthorized access or use of the App/Website or loss of any data, corruption, destruction, or misdirection of any transmissions or any liability from loss of service resulting from communication failures by telecommunication service providers or any other equipment failures;
- Any Content that your child, another user, or a third party creates, uploads, posts, shares or stores on or through our App/Website;
- Any acts of the other users on the App/Website;
- Any defamatory, offensive, illegal or unlawful conduct committed by you.
You shall indemnify and hold us and our employees, officers, directors, agents and affiliates harmless from and against all third party claims, suits, liabilities, appeals, causes of action, casualty, expenses, damages, costs, fees, expenses including reasonable attorney fees emerging or arising from or relating to your use of our App/Website, any activity related to your account by you or your child, any Content that your child submits to, posts on or transmits through the App/Website, your breach of these Terms and Conditions, your infringement or violation of any rights of another, or any acts by any third parties.
Limitation of Liability
You hereby acknowledge and agree that we or our employees, agents, or affiliates shall not be liable for any losses or damages, whether direct or indirect, as a result of any unauthorized use or inability to use the App/Website, reliance on any Content, any third-party platform or services, or any breach of the Terms and Conditions. This applies to all damages of any kind, including but not limited to any direct, indirect, special, incidental or consequential damages (including but not limited to loss of business or goodwill, revenue, profits, personal injury or property damage or other economic advantage) whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise. Notwithstanding the foregoing, our sole and entire maximum liability for any reason, and your sole and exclusive remedy for any cause or claim whatsoever shall be limited to the amounts paid by you to us for the services availed by you.
We reserve the right to suspend and/or terminate your access to the App/Website, with or without notice, in the event you breach these Terms and Conditions stipulated herein. Where it is observed that there is any suspected illegal, fraudulent, indecent, abusive or objectionable activity on your or your child’s accord, it may amount to grounds for terminating your access to the App/Website and we may take any other appropriate action as we deem fit. Upon suspension or termination, we reserve the right to remove or delete your information including but not limited to login and account information and your right to the services on the App/Website shall immediately cease without notice.
Assignment: Both the Parties shall not assign, sublicense or transfer any of its rights or obligations under these Terms and Conditions without the other Party’s prior written consent. The Parties shall indemnify and hold harmless the other against all liability, costs, and expenses, including but not limited to a reasonable attorneys’ fee, arising out of or in connection with claims relating to an attempted assignment, sublicense, or transfer of the other’s rights and obligations.
Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Karnataka and the Parties hereto irrevocably submit to the sole and exclusive jurisdiction of the courts at Bengaluru in respect of any dispute or matter arising out of or connected with these Terms and Conditions.
Waivers: The waiver by either party of a breach or other violation of any provision of this Terms and Conditions shall not operate as, or construed to be, a waiver of any subsequent breach of the same or other provision of this Terms and Conditions.
Force Majeure: We will not be liable for any failure to perform any obligations due to any cause beyond our reasonable control including, but without being limited to unavailability of communication systems, earthquake, terrorism, political riot or disturbance, governmental or judicial orders, invasion, war, threat or preparation for war, storm, flood, epidemic, pandemic or natural physical disaster.
Support: If you have any questions or queries relating to these Terms and Conditions, or wish to report any violation of these Terms and Conditions, and in case of any technical discrepancy you may contact us at firstname.lastname@example.org
Information that we may collect
- Whenever you use our App, we collect information from you based on your activities on the App. In some areas of our App, we request you to provide or submit Personally Identifiable Information about you and your child. Here, Personally Identifiable Information includes:
- Personal and Contact Data: At the time of registration on the App, the only personally identifiable information that we may collect could be your email address, mobile number and any other contact details, obtained as and when necessary. We may also collect information regarding your child’s nickname/username and the age bracket within which your child may fall. You may also be asked to input a password for your account. However, please note that as a fundamental rule the Company does not knowingly collect data, other than the information mentioned herein, from or about your child without your permission.
- Financial Data: In order to make payments for availing any premium features, you shall have to share your financial information such as your credit card/debit card number, bank information, expiration date, and verification code.
- Further, we may also collect Non-Personally Identifiable Information which includes but is not limited to the type and version of the device you use to access our App or our Website, your operating system, web browser information such as what type and version of the browser you are using, your Internet Protocol address (commonly known as IP address), your computer and mobile network and connection information, application usage, connectivity data, errors or event failures or general and/or aggregated location data. We may also collect technical data to address and fix technical problems and improve our services.
- We may also receive information about how your child accesses and uses the App such as the number of stories your child curated, which story prompts and other features were utilized by your child, number and the nature of the questions/answers posted by your child, and any other interactions that your child has with the available Content on the App. The nature of the services provided under the App may require that your device’s camera be accessed to record the videos. Further, when your child records a story/posts an answer and uses audio features in the App, the App briefly collects voice information. This information is processed to allow for use of the audio feature for recording the stories/answers.
- In the course of participating in our services, your child may decide to reveal additional personal information about himself or herself and therefore it is important that you monitor your child’s activity on our App/Website to make certain that your child does not reveal any personal information.
Use of the information collected:
The App collects information from you in order to provide you and your child an efficient, safe and secure user experience and also for one or more of the following purposes:
- Quality improvement: To improve the quality and design of the App and to create new features, functionalities and services on the App by evaluating the performance of the services and measuring the effectiveness of the services, its Contents or features;
- Account activation: To contact you on your email address to obtain your consent and to allow your child’s account to be activated, without which registration on the App would not be possible;
- Enhancing User experience: To enhance your child’s experience on the App by remembering the story prompts, by recording the questions/answers, and features recently used by your child on the App;
- Technical problems: To help you address problems with the App or the Website, including addressing any technical or user based problems;
- Understanding usage trends: To administer the application, analyse trends, gather demographic information, create internal quality standards, generate data analysis reports and usage trends and patterns;
- For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
We will not track Non-Personally Identifiable Information such as specific IP address to identify an individual user, however, we reserve the right to use such information to identify a user to comply with legal requirements or in the event of any safety or security issues.
Data-tracking and cookies
The Company commits to not display any targeted advertising on the App or on the Website. However, the App/Website may allow third party advertisers to create certain fun sections on the App/Website which may include but would not be limited to fun games or story and/or question prompts that are purely meant for your child’s entertainment and for enhancing your child’s cognitive skills. Such third-party advertisers may, solely through you, choose to reward coupons or gifts to your child. The App/Website strictly does not provide any tools for such third-party advertisers to communicate with your child directly and no personal data pertaining to your child will ever be shared with them.
Further, there may be third-party service providers who serve interest-based advertising wherein you may be able to view targeted advertisements on other websites, apps or services or social networking platform based on information collected by such third-party service providers independently about your visits to our App and other websites in order to provide advertisements about goods and services matching your interests. Please note that we do not have access to or control of the cookies that may be placed by the third-party service providers on our App or Website.
Your responsibilities for your child’s activities
You agree and acknowledge that all the information provided by you on the App or the Website are true, accurate and updated. Though the App aims at providing a wholesome and secure environment, we strongly encourage parents and guardians to supervise the online activities of your child and consider using appropriate parental control tools to help provide a child-friendly online environment. The App allows you to access your child’s account at all times as well as access the Content recorded, edited, and uploaded by your child, and the reactions/comments made by your child on other posted videos/responses submitted by other users of the App. It is your responsibility to monitor the activities of your child and the Company shall not be held liable for your child’s Content or reactions/comments or any other user’s comments on your child’s account. In the event any user comes across any Content that is offensive/defamatory/discriminating/abusive, you may report the same immediately following which our team of Content moderators shall review the reported Content.
The App also provides you with tools to change the parental controls and preferences that are associated with your account on the App at any time. Request you to read the “Parental Control” section on the Terms and Conditions above.
Please note that if you discover that your child has registered an account on our App without your consent, you may alert us of the same at email@example.com. Upon receiving your request, we will delete your child’s information from our systems.
Our data security policies
We insist upon maintaining the generally accepted industry standards to help protect information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction both at the time of transmission and once we receive it. In order to achieve this, we undertake certain security measures to safeguard your information from illegal and unauthorized access. We maintain commercially reasonable safeguards such as access controls, passwords, data security measures, anti-virus systems for security and protection of the information. You understand that no network system or Internet or any other public network can be guaranteed to be 100% secure. However, all the security measures undertaken by us are not absolutely safe and error-free. Though we strive to protect your and your child’s personal data, we cannot guarantee its absolute security and cannot disclaim the risk that our systems may be thwarted by a third party. Any information that you transmit to us would therefore be at your own risk.
Our data retention policies
We may retain all information provided by you through your use of the platform for as long as you access the App/Website and services. Once your account is terminated, we reserve the right to either delete your records from our App and systems immediately or we may retain your records for a specific term for the purpose of complying with legal obligations. Post such term, we shall delete the same from our App and systems.
Our legal obligations
Customer support and Newsletters
As part of availing our services we will send you automated system communications as per your settings through an email or other notifications. Your contact information may be used for customer support services. We may also use your contact information to send you newsletters, promotional offers, ongoing offers and you can opt-out of receiving such communications from us at any time.
In the event of Company Acquisition
Last updated on 23rd February, 2022