mymily Terms and Conditions
1.1 This Terms & Conditions is legally binding between person downloading app or accessing website and CCTPL Ltd. (hereinafter referred to as “Mymily”/”we”/”us which is one of the service provided by CCTPL) (which expression shall include its successors and assigns). which operates from its registered office located at : B307 , Fernsaroj, 7th cross ,7th main , L B Shastri Nagar , Bangalore 560017 .
1.2 By downloading this application or accessing website you shall be giving consent to defined terms & conditions & will be bound by existing Information Technology Act 2000 / 2008 & Rules defined and other law as applicable in India.
1.4 These Terms constitute an 'electronic record' within the meaning of the applicable law (including the Information Technology Act, 2000, IT Act 2008 Amendment) and is generated by a computer system and does not require any physical or digital signatures.
2.1 CCTPL hereafter will be termed as mymily for one of it’s app.
2.2 Service provided by mymily is to provide platform in order to bring family together using internet in order for the family to communicate, share moments via photos, videos, messages etc…, thus contributing for bonding within family
2.3 User - states any person who has attained majority under Indian Law, who has registered with the website or downloaded application on mobile in order to utilize the services provided by Mymily.
Please read these Terms carefully before you use the Application or any Service offered by mymily through the Application. These terms control the relationship between mymily and you. They do not create any third party beneficiary rights.
3.1 By registering & using mymily application, user is bound to provide true, and accurate information, as sought at the time of signing and from time to time where it is required. mymily does not verify or controls the accuracy of the information provided by the users.
3.2 In case of non- compliance of any of the terms and conditions by any user, MYMILY reserves right, to withdraw the account of the user and discontinue all services for that user without any notice.
3.3 MYMILY reserves the right to verify the information provided by its Users, if MYMILY notice given information by user is not correct, then user agrees to provide MYMILY, additional information or documents when requested to establish authenticity of their account. If an account is found to be fake, not genuine or duplicate, MYMILY reserves the right delete such account without any notice/ warning or the like.
3.4 MYMILY is not requesting for any personal password or other information which is not relevant and will not be responsible for any consequences resulting from a User sharing his/her personal password of the account with third parties. In the above event it will be the User who will be held responsible for such negligence.
4.1 The Application is an online platform which enables you to engage in peer-to-peer (P2P) interaction with other users (you family members) and avail Services made available to you by mymily through the Application. mymily may at its discretion allow you to use some of these Services free of charge. Our Services are very diverse and additional terms or product requirements may apply to certain Services. These additional terms are made a part of these Terms by this reference. If there is a conflict between these terms and the additional terms, the additional terms will supercede these terms.
4.2 Services shall include, but not be limited to, Social and Sharing Services, Platform Services. More information about the Application and the Services is available on Mymily’s website at www.mymily.com ("Site").
4.4 You can access the Application and the Services by creating an account on the Application using your mobile device. By using the Application, you agree to ensure confidentiality of your account, password credentials and for limiting access to your mobile device to prevent unauthorized use of your account on the Application. You will be responsible for any activity under your account or password and for informing us immediately if you have any reason to believe that your password is likely to be used in an unauthorized manner. Please ensure that the details you provide us are accurate and complete and inform us immediately of any changes to the information that you provided when signing-up.
Your Access to Application
5.1 We will endeavor to ensure error-free availability of the Application or Services or contents thereof to you, however your access to the Application may occasionally be suspended or restricted for upgrades, maintenance, or updating the Application at any time without prior notice. We will try to limit the frequency and duration of any such suspension or restriction. You are responsible for any charges incurred with your internet service provider that you may incur by accessing the Application or Services made available through the Application, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Application or the Services.
5.2 You must not use the Application or the Services for fraudulent purposes or in connection with a criminal offense or other unlawful activity or to send, post, share, use or reuse any material that does not belong to you or that you are not authorized to send; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam to cause annoyance, inconvenience or needless anxiety.
License; Third Party Content
6.1 Subject to these Terms, mymily grants you a limited, personal, non-assignable, non-transferable, non-exclusive, revocable, and non-sub licensable license to use and/or access the Application or Services (including the content made available through the Application or Services) provided that:,
(a) You will use the Application and/or Services solely for lawful purposes only;
(b) You will not, nor allow third parties on your behalf to reproduce, reverse engineer, duplicate ate, copy, sell, create derivative works or otherwise exploit for any commercial purpose the Application (including its content) and/ or Services;
(c) You will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including without limitation images, text, page layout, or form); and
(d) You will not use any meta-tags or any other 'hidden text' utilizing Mymily's name or trademarks. Any unauthorized use of the Application and/or Services terminates the permission or revokes the license granted herein.
6.2 Certain content or services made available through the Application or the Services may have been created, published, provided or shared by other users, publishers, and other third parties ("Third Party Content/ Services"). Whether that Third Party Content/Services is the sole responsibility of the person who published / submitted/ provided the Third Party Content/Services. By using the Application and/ or Services, you agree that the mymily or its affiliates will not be responsible/ liable for any such Third Party Content/Services in any manner whatsoever. You will not, nor allow third parties on your behalf to reproduce, duplicate, copy, sell, create derivative works or otherwise exploit for any commercial or other purpose any Third Party Content/Services. You will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including without limitation images, text, page layout, or form). mymily does not guarantee the validity, fitness for a particular purpose, veracity, accuracy or legal status or confidentiality with respect to the Third Party Content/Services.
7.1 The Application or Services may allow you to create, upload, share and/ or store content, including but not limited to photos, profiles (including your name, images and voice),stories, messages, information, text, video, music, third party links and automatic submission of your session logs (collectively, "Content") By posting your Content through the Application or the Services, you grant mymily and our affiliates, a worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, copy, reformat, modify, translate, create derivative works, display, sell and distribute such Content for or in connection with the use of the Application or Services. In the event you or any other person appears in any Content submitted to mymily by you, you grant mymily an unrestricted, worldwide right and license to use your name, likeness, and voice. This means, among other things, that you will not be entitled to any compensation from mymily or our affiliates if your name, likeness, or voice is conveyed through the Application or Services. In addition to granting us the aforementioned rights, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display Content posted by you in any form and in any and all media or distribution methods (now known or later developed).
7.2 mymily does not assert any ownership over the Content and subject to the rights granted to mymily in these Terms, you retain full ownership of the Content and proprietary rights associated with the Content.
7.3 You will be solely responsible for all Content that you upload, transmit, share or display through the Application or Services. mymily does not guarantee the validity, accuracy or legal status or confidentiality with respect to any Content and you will be solely responsible to assume all risks for any consequences arising out of uploading, posting, broadcast, transfer or disclosure of the Content. You confirm and warrant that the Content does not violate the representation and warranties you provide under these Terms.
7.4 You agree and acknowledge that if you transmit any Content through the Application, you have permission from the rightful owner of the Content or you are otherwise legally entitled to use or transmit the Content and to grant mymily and our affiliates all of the license rights granted herein.
7.5 Subject to applicable laws, upon deletion of the mymily account, mymily will delete all your Content from its database and servers within a maximum of 30 days, except to the extent required to be retained by applicable law. For the avoidance of doubt, it is clarified that any part of your Content (viz. your messages, status updates, profile picture updates, materials / files shared by you) stored by your contacts/ relatives locally on their device may remain even after you delete your account till it is deleted by such contacts. Similarly, any part of your Content, which is publicly available to other users of mymily who have you in their list of contacts (i.e. the content included in the image uploaded by you and the associated time stamp) stored by your contacts may remain after you delete your account till it is deleted by such contacts. The submission of your session logs is done on an automatic basis.
8.1 INTELLECTUAL PROPERTY
The format and content included on the web site / application, including logo, graphics, button icons, video, audio, digital data, text and software is the property of MYMILY and is protected by Indian and international Intellectual & Copyright and Authors' Right. All rights are reserved in relation to any trademarks registered and unregistered licensed or owned by MYMILY which exist on website / application. Web site or application or any part of web site / application should not be copied, downloaded or sold or otherwise used for any commercial / Non commercial purpose without express written consent of MYMILY.
8.2 You acknowledge and agree that the Application, the Services, including without limitation any content available on the Application and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and will remain, the property of mymily and its licensors, as applicable. All content related to mymily corporate and business activities embedded in the Application, including any text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of mymily or its licensors and is protected by applicable laws. The compilation (meaning the collection, arrangement and assembly) of any and all content on the Application and Services is also the exclusive property of the mymily and is protected by applicable laws.
8.3 All software used on the Application and the Services is the property of mymily or its licensors / software suppliers and protected by Indian and International Copyright Laws. Any use except as specifically permitted under these Terms, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Application or the Services is strictly prohibited.
8.4 All mymily graphics, logos and service names are trademarks of the mymily or its affiliates. Mymily’s trademarks should not be used in connection with any product or service that is not Mymily's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mymily. The logos and trademarks of third parties on the Application belong to respective third parties / brands and mymily has no connection whatsoever with such third parties / brands.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APPLICATION OR SERVICES IS AT YOUR SOLE RISK AND DISCRETION.
THE APPLICATION IS LICENSED TO YOU "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. MYMILY AND/ OR ITS AFFILIATES GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APPLICATION OR SERVICES. MYMILY AND/ OR ITS AFFILIATES EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
MYMILY MAKES NO WARRANTY AGAINST AND WILL NOT BE LIABLE OR RESPONSIBLE FOR: (A) INTERFERENCE OF YOUR ENJOYMENT OF THE APPLICATION OR SERVICES; (B) LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE APPLICATION AND/ OR SERVICES; (C) USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION AND/ OR SERVICES; (D) FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE APPLICATION AND/ OR ANY SERVICE AT ANY TIME; (E) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION OR SERVICES; (F) FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE DELIVERY OF THE APPLICATION AND/ OR SERVICES; (G) SECURITY, RELIABILITY OR TIMELINESS OF THE APPLICATION AND/ OR SERVICES. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE APPLICATION AND/ OR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OCCURRING ON YOUR DEVICE OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM THE DOWNLOAD AND USE OF THE APPLICATION AND/ OR SERVICES. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYMILY OR ANY PARTY OR THROUGH THE APPLICATION/ OR SERVICES WILL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THESE TERMS.
WHILST MYMILY WILL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE SECURITY AND INTEGRITY, MYMILY WILL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/ OR STORAGE OF INFORMATION TO OR THROUGH MYMILY THAT MIGHT OCCUR FROM TIME TO TIME INTRUSION, DISTORTION, LOSS OR FORGERY OF DATA, ETC DUE TO ACT OF ANY THIRD PARTY, FAILURE OF ANY SOFTWARE AND/OR HARDWARE OR TELECOMMUNICATION SERVICE PROVIDER(S) USED BY US OR ANY OTHER ACT BEYOND OUR REASONABLE CONTROL.
YOU WILL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, TO OR THROUGH THE APPLICATION/ OR SERVICES.
Limitation of Liability
To the maximum extent permitted by applicable laws, under no circumstance will mymily or its affiliates, their respective directors, employees or agents be liable to you or any third party for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Application, or following a failure, suspension or withdrawal of all or part of the Application at any time, any third party content, software or functions used in connection with the Application even if mymily or any or all of its agents have been advised of the possibility of such damages. Not withstanding anything to the contrary, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to the amount paid by you, if any, for using any Services giving rise to the cause of action or Rupees One Thousand Only (Rs. 1000), whichever is lesser.
Force Majeure (meaning: A Force Majeure clause (French for "superior force") is a contract provision that allows a party to suspend or terminate the performance of its obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible.)
mymily will not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond mymily's reasonable control.
mymily reserves the right at any time and from time to time to interrupt, restrict, modify or discontinue, temporarily or permanently, Application (or any part thereof) or any Services without any cause and/or without any notice to you. You agree that mymily and it’s affiliates will not be liable to you or to any third party for any modification, suspension or discontinuance of the Application or Services.
12.1 (meaning Indemnify. v. to guarantee against any loss which another might suffer. Example: two parties settle a dispute over a contract, and one of them may agree to pay any claims which may arise from the contract, holding the other harmless).
12.2 You agree to indemnify, defend and hold harmless Mymily, its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) your access to or use of the Application and Services; (ii) any breach of these Terms; (iii) your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) your negligence or misconduct. These obligations will survive termination of these Terms.
13.1 (Meaning: A Force Majeure clause (French for "superior force") is a contract provision that allows a party to suspend or terminate the performance of its obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible.) mymily will not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond Mymily's reasonable control.
mymily may communicate with you through e-mail, SMS, telephone, by posting notifications on the Application (including push notifications) or any other means of communication. By using the Application, you consent to receive such communications from mymily in relation to the Application and/or Services, your account information or any updates/ changes to the Application/ Services and/ or other promotional or marketing communications from Mymily.
Amendments to this Agreement
Please review these terms regularly. We may in our sole discretion modify or amend these Terms from time to time without any prior notice. Your use of the Application or Services upon publication of such modified or amended terms will constitute your deemed acceptance to the modified or amended Terms.
These Terms are governed by the laws of India. You irrevocably consent to the exclusive jurisdiction of courts at Bangalore, India for all disputes arising out of or relating to these Terms.
If one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms will be valid and enforceable.
If you breach these Terms and mymily takes no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
Right to Take down
You understand and agree that mymily may takedown, delete or remove any content available on the Application in its sole discretion, without any notice to you, for any reason whatsoever including on account of your violation of these Terms or if required in accordance with applicable law (including but not limited to the Information Technology Act, 2000, IT Act 2008 Amendment).
Social and Sharing Services
Your use of Mymily’s Social and Sharing Services or any part of thereof, is governed by the following terms (“Social and Sharing Services Terms”) in addition to the Terms. Please review these Social and Sharing Services Terms before you access or use Mymily’s Social and Sharing Services. Mymily’s Social and Sharing Services include but are not limited to instant messaging services. If there is any conflict between the Terms and these Social and Sharing Services Terms, the Social and Sharing Services Terms shall prevail to the extent of such conflict. All terms used but not defined herein shall have the respective meanings assigned to them under the Terms.
You are responsible for all activity that occurs in your mymily account. By using the Services, you agree that:
21.1. You will not buy, sell, rent, or lease access to your mymily account or to the stories feature linked to your account.
21.2. You will not create or use multiple accounts to evade our policies or bypass blocks or otherwise subvert restrictions placed on your account. For example, if you have been blocked by another user or suspended for abuse, you will not create a replacement account that engages in similar activity
21.3. You will not use our Services to mislead or confuse users by pretending to be someone else or pretending to represent an organization you do not represent.
21.4. You will not spam other users, including by sending unwanted promotional or commercial content, or unwanted or mass solicitation.
21.5. You will not aggressively send ‘Invite Family Member’ invitations or message people that are not part of your family.
22.1 Your use of Mymily’s Platform Services or any part of thereof, is governed by the following terms (“Platform Services Terms”) in addition to the Terms. Platform Services include but are not limited to My Family Tree, Chats, Journals, Albums, Feeds, Reminders, Groups, Family Admin or Shoutout services made available through the Application.
22.2 Any capitalized term which has not been defined in these Platform Services Terms shall have the meaning ascribed to them in the Mymily’s Terms of Service.
If you believe in good faith that any content displayed or transmitted through the Application infringes your copyright, you may reach us at firstname.lastname@example.org
If you in good faith believe that any content made available through the Application is offensive or opposed to public policy you may choose to report any such content. We may, review such content and remove the content at our discretion and/or as mandated by applicable laws.
Variation of the Terms & Conditions, Site and Service.
- MYMILY reserves the right to modify the Terms and Conditions at any time. In addition, MYMILY may vary or amend or withdraw the Services provided through the Website, the website functionality and/ or the “look and feel” of the website/application at any time without notice and without liability to its Users.
- Any modification to the website, services or Conditions will take effect as soon as such changes are published on the website.
- Users will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the website following publication of the varied Conditions.
- MYMILY does not guarantee the System will be continuously available, error free; therefore is not responsible for any damage dealt to Users due to such error.
- The User also agrees that MYMILY is not responsible for any damage caused to their gadgets as a result of using MYMILY’s Website or application.
Governing Law and Arbitration
26.1. These Terms are governed by and shall be construed in accordance with the contact law, Information Technology Act 2000, 2008 & further rules & other laws of India without respect to its conflict of laws’ provisions.
26.2. Disputes, if any, shall be attempted to be resolved amicably. Unresolved disputes shall be referred to an independent, sole arbitrator in Bangalore appointed by Company in accordance with the procedure established by the Arbitration and Conciliation Act, 1996. Subject to the foregoing, you hereby consent to the exclusive jurisdiction of the Courts in Bangalore Urban District.