Time your opportunities and
meaningful interactions
Frustrated with too many calls, emails or messages on WhatsApp when scheduling meetings?
Then, Oystro is for you.
Oystro is your meeting scheduler, event coordinator, meeting planner or event planner - whatever you may like to call it. Oystro uses your mobile number to schedule meetings, events, appointments or calls with friends, colleagues or business contacts on the go.
The world is your oyster. Make the most of it and meet people to access opportunities or to experience memorable personal interactions.
TERMS OF USE

I. General

1. These Terms of Service set forth the terms and conditions that apply to your access and use of the internet website, applications, and any other products owned and operated by Latent Tech Private Limited (“Oystro”, “we”, “our” or “us”) and/or any of its affiliates located at www.oystro.com and the applications available at android devices and ios devices (the “Site” or “Applications”) and the services available thereon, including without limitation the services that enable you to organize and run meetings online (the “Services”). This Terms of Services (the “Agreement”) forms a legally binding contract between you and us.

2. By using our Services, you agree to be bound by the following terms and conditions (“Terms of Service”).

3. Oystro reserves the right to update and change the Terms of Service at any time without notice. You can review the most current version of the Terms of Service at: [Terms and Conditions] The failure of Oystro to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

4. You agree that Oystro owns all legal rights in the Services. You must not remove, modify or obscure any legal notices. You are not entitled to use Oystro’s trademarks (especially OYSTRO), trade names, brands, domain names, or other distinctive brand features.

5. Violation of any of the terms below can result in the termination of your user-account or access to the Services. Violation of any of the terms will also terminate your usage rights of the Services.

6. If a provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:

(i) the validity or enforceability in that jurisdiction of any other provision of this agreement; or

(ii) the validity or enforceability in other jurisdictions of that or any other provision of this agreement.

7. These Terms of Service constitute the entire agreement between you and Oystro und replace all previous agreements under this title. There are no verbal subsidiary agreements.

8. These Terms of Service, and your relationship with Oystro under these Terms of Service, shall be governed by the laws of India. Any dispute, claim or controversy arising out of or relating to this Terms of Services, including the determination of the scope or applicability of this Terms of Service to arbitrate, or your use of the Site or Applications or the Services to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Oystro. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language and any other native language as may be applicable. The award shall be final and binding on the parties to the dispute. Subject to the content provided under this clause 8, the courts at Mumbai shall have exclusive jurisdic- tion to resolve any legal matter arising from the Terms of Service, for your use of the Site or Applications or the Services or the information to which it gives access.

II. Provision of the Services by Oystro

1. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis.

2. In order to use the Services, you must have reached the legal age of majority in your juris- diction of residence or otherwise be legally eligible to be bound by this Agreement (e.g., by being an emancipated minor), and you must be fully able and competent to enter into the terms, conditions, obligation, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to en- sure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it. If you are not of the age of majority or otherwise legally eligible to be bound by this Agreement, you may not use the Site or Application or the Services.

3. Oystro does not warrant that

(i) the Services will meet your requirements or expectations,

(ii) the Services will be delivered uninterrupted, timely, secure, or error-free,

(iii) the results that may be obtained from the use of the Services will be accurate or reliable,
(iv) any errors in the Services will be corrected.

4. You understand and agree that Oystro shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or Services, or other intangible loss, resulting from:

(i) the use or the inability to use the Services;

(ii) any changes which Oystro may make to the Services, or any permanent or temporary cessa- tion in the provision of the Services;

(iii) unauthorized access to or alteration of your transmis- sions or data;

(iv) the deletion of, corruption of, or failure to store, any content and other com- munications data maintained or transmitted by or through the use of the Services;

(v) or any other matter relating to the Services.

5. Technical support is provided on a best-effort basis and only by e-mail.

6. You understand that Oystro can use third parties (e.g., hosting partners) to provide the neces- sary resources (e.g., hardware, software, networking, storage, etc.) to run the Services. Addi- tionally, Apple Inc., Google, Inc., and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android on your mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

7. Oystro may stop, remove, modify, or add (permanently or temporarily) Services (or features within Services) at Oystro’s sole discretion. Any new, changed, or removed features are subject to the Terms of Service. Continued use of the Services after any such changes constitute your consent to the changes.

III. Provisions of Services offered by Oystro

1. Oystro is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Oystro provides, may require effecting certain changes in it, therefore, Oystro reserves the right to suspen/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.

2. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms of Service shall be considered part of the Services.

3. You acknowledge and agree that if Oystro disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.

4. Oystro reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Oystro platform anytime in future.

5. Oystro may from time to time introduce referral and/or incentive based programs for its users (“Program”). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, you are bound by the Program terms and conditions as well as the Terms of Service of Oystro. Further, Oystro reserves the right to terminate/suspend any user's account and/or credits/points earned and/or participation of the user in the Program if Oystro determines in its sole discretion that the user has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Oystro platform terms or has engaged in activities which are fraudulent/unlawful in nature. Furthermore, Oystro reserves the right to modify, cancel and discontinue its Program without notice to the User.

IV. Use of the Services by you

1. You agree to use the Services only for purposes that are permitted by

(i) the Terms of Service and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

2. For certain services, Oystro may offer or require you to register for a user account. You ensure that all registration information you provide will always be valid, correct, and up to date. You are responsible for maintaining the confidentiality of your user accounts, use of your mobile devices and any other information which allows you to access the Services. User accounts registered by bots or other automated methods are not permitted.

3. As a User, you will share your name, picture and mobile number, together with any or other user information you may provide, form your “Profile Information” and will allow you to ac- cess your account (“Account”). You agree to provide true, accurate, current and complete in- formation about yourself and to immediately provide updated information as your circumstances change. You may not misrepresent your Profile Information. As a part of the Profile Information, you are responsible to not upload an abusive photo, to not infringe on any copyrights or trademarks, and to not use a design which other Oystro users may deem offensive.

4. You will be responsible for all electronic communications, including those containing business information, Account holder information, financial information, Profile Information, and all other data of any kind contained within emails, phones or otherwise entered electronically through the Services or under your Account.

5. Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. Oystro shall not be responsible if any third party accesses your Account using your Profile Information. You agree not to disclose to any third party, your Profile Information and any other information as may be required to access your Account. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying us immediately.

6. By creating an Account, you agree that the Services may send you text (SMS) messages or internal messages through in-app notifications or may reach out to you by telephone as part of the normal business operation of your use of the Services.

7. Oystro to provide you Services may require phone numbers. You provide us the phone numbers of other Users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.

8. Oystro provides internal chat windows as part of its Services. Oystro reserves the right to store the Profile Information and any other messages as may be provided by you by using the Services. We do not share the messages with third parties unless authorised by you. Notwithstanding the foregoing, Oystro may disclose Profile Information and any other messages which it may store

(i) to the extent required by a court of competent jurisdiction or other governmental authority or otherwise as required by law, including without limitation disclosure obligations imposed under the federal securities laws, provided that Oystro has given the relevant user a prior notice of such requirement.

9. You agree that you will not impersonate another person.

10. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

11. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose without the express written permission by Oystro. The Services and all rights therein are and shall remain Oystro’s property or the property of Oystro’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:

(i) in or related to the Services except for the limited license granted above; or

(ii) to use or reference in any manner Oystro’s company names, logos, product and service names, trademarks or services marks or those of Oystro’s licensors.

12. You agree that you are solely responsible for (and that Oystro has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which Oystro may suffer) of any such breach.

13. You agree to Oystro’s privacy policy, as available at [Privacy Policy]

14. Oystro reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content or user-account from any of the Services at Oystro’s sole discretion. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

IV. Intellectual Property Rights

1. Subject to the terms and conditions of this Agreement, we grant to you, during the term of this Agreement, a personal, non-transferable, non-sublicensable, non-exclusive, and revocable, limited purpose right to access the Site, Applications and use the Services that are subject to a valid Terms of Service.

2. You acknowledge that any ideas, suggestions, concepts, processes or techniques (other than your content) which you provide to us related to the Services, the Site or Applications or its business (“Feedback”) shall become our property without any compensation or other consideration payable to you by us, and you do so of your own free will and volition. We may or may not, in its sole discretion, use or incorporate the Feedback (in whatever form or derivative we may decide) into the Site, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to us in any Feedback and, as applicable, waive any moral rights.

3. We own any test results, data information and other output (other than your Content?) generated by your use of the Site and/or the Services during the term of this Agreement. You may not disclose to any third party any test results or performance information regarding the Site or the Services, whether generated by you, us or a third party, except where expressly permitted.

V. Confidential Information

You agree to safeguard, keep secret and not to disclose to any third party, any Confidential In- formation acquired, learned or provided from us during the term of this Agreement or following the expiration or termination of this Agreement. “Confidential Information” means any non public information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, knowhow and processes, computer programs, technical documentation and data, and inventions, discoveries, and improvements of any kinds.

VI. Acceptable Use and Conduct

1. You agree that that you will not publish or make available any content that (or promotes or links to content or materials that), use the Site or Applications in a manner that, or use information obtained from the Site or Applications (including email addresses?) in a manner that:

a. infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;

b. contains software viruses, Trojan horses, worms, Easter eggs, spyware, malware, or any other computer code, files or programs that are designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that are designed to access, disclose, monitor or destroy data without authorization;

c. engages in spamming, “chain letters”, “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate this Agreement, the Privacy Policy or any applicable laws, regulations or generally accepted advertising or marketing industry guidelines;

d. is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal infor- mation in a misleading manner or for fraudulent or misleading purposes;

e. is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;

f. collects personally identifiable information from children under the age of thirteen (13);

g. is harmful to minors in any way;

h. is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or na- tional origin, marital status, disability, sexual orientation or age or is otherwise objection- able, as reasonably determined by the Oystro;

i. impersonates the Oystro ́s employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, for any reason, including to obtain access to the Site or Applications or a portion thereof without proper authorization;

j. interferes or attempts to interfere with the proper working of the Site or Applications or prevents others from using the Site or the Applications, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site or Applications, or that otherwise negatively affects other persons’ ability to use the Site and Applications, or inadvertently or intentionally disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site and the Applications or any other site or system in use by another user of the Site and Applications;

k. uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site and Applications or the information or content contained therein (including any form of email address harvesting);

l. facilitates the unlawful distribution of copyrighted content;

m. licenses, sublicenses, rents or leases the Services to third parties, uses the Services for third party training, commercial time-sharing or service bureau use, or otherwise makes the Services available to third parties or commercially exploits the Services;

n. includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers, in order to disguise the origin of content transmitted through the Site and Applications to users;

o. constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests (including, without limitation, any form of spamming);

p. stalks or otherwise harasses anyone on the Site or with information obtained from the Site;

q. collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;

r. requests, solicits or otherwise obtains access to usernames, passwords or other authenti- cation credentials from any user of the Site for the purposes of automating logins to the Site and Applications;

s. attempts to gain unauthorized access to the computer systems of the Oystro or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;

t. contains adult or pornographic content;

u. decompiles or reverse engineers or attempts to access the source code of the software underlying the Site and the Applications, the Services or any other Oystro’s technology, or that merges or combines any such software or technology with any other data or materials to form a new product or service;

v. copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site and Applications;

w. accesses the Site for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site and Applications;

x. accesses the Site and Applications for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;

y. accesses the Site and Applications to upload any content or computer code for the purposes of:

(i) causing a breach of security to the Site and Applications;

(ii) interfering with the proper working, functionality or performance of the Site and Applications; or

(iii) preventing others from accessing or using the Site and Applications.

z. If at any time we believe that you have violated any of these requirements, we may suspend or terminate your Account access.

VII. Disclaimer of Warranties

1. Your use of the Site and Applications and all content forming part of or related to the Site and Applications, including any content you upload or submit and any third party software and content, are at your sole responsibility and risk. The Site and Applications is provided on an “as is” and “as available” basis. The Oystro expressly disclaims all representations, warranties, or conditions of any kind with respect to the site, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.

2. The Oystro disclaims any warranty that the Site and Applications or any content, including without limitation any third party software and content, will meet your requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the site or the servers that makes the site available are free of viruses or other harmful components. you agree that from time to time the provider may remove the site for indefinite periods of time without notice to you.

3. Your access and use of the Site and Applications may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, the failure of third-party service providers, periodic updating, maintenance or repair of the site or other ac- tions that the provider., in its sole discretion, may elect to take, as well as the malicious actions of hackers and other third parties. the provider makes no guarantee regarding:

(a) the amount, timing and delivery of any clicks or impressions with respect to any content (including third party content) or advertising on the site; or

(b) the compatibility of your software, hardware or content with the site.

4. The provider is not responsible for the acts or omissions of, or for the failings of, any third party provider of any content, service, network, software or hardware, including but not limited to, internet service providers, hosting services utilized by the provider, telecommunications providers, content provided by other users, or any software or hardware not provided by the Oystro.

5. You are solely responsible for ensuring that your content is compatible with the Site and Application. The Oystro disclaims any liability or responsibility for any unauthorized use of your content by third parties or other users of the site and is not responsible for protecting your content.

6. Any material downloaded or otherwise obtained through the use of the Site and Application is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

7. No advice or information, whether oral or written, obtained by you from the provider or through or from the Site and Application shall create any warranty not expressly stated in this Agreement.

8. The Site and Application is offered and controlled by the Oystro from its facilities in India. The Oystro makes no representations that the site is appropriate or available for use in other locations. Those who access or use the site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

VIII. Indemnity

You agree to indemnify, defend, and hold harmless Oystro, its affiliates and its and their respective owners, investors, contractors, officers, directors, members, managers, partners, shareholders, licensors, suppliers, customers, employees, agents, third party advertisers, technology providers and service providers from and against any loss, damage, cost, or liability (including, reasonable attorneys’ fees) resulting from or relating in any way to a third party claim, demand, action or proceeding that arises out of this Agreement or the Site and Application, including but not limited to in relation to:

(a) your use, non-use or misuse of, or connection to the Site and Application, the Services and any content (including without limitation your content and any third party content) forming part of the Site and Application;

(b) your breach or alleged breach of this Agreement;

(c) your violation of any rights, including intellectual property rights, of a third party;

(d) your violation or alleged violation of any laws; or

(e) your use or exploitation of any information obtained from the Site. Oystro reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Oystro, and you agree to cooperate with Oystro’s defense of these claims. You agree not to settle any matter without the prior written consent of Oystro. Oystro will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

IX. Cancellation and Termination

Oystro reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Notice of termination will be provided to the email address you currently have on file with us. Oystro also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of Finland. Oystro reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.

X. Customer Support

1. If you have any question concerning Oystro, the Site, the Applications, the Services, or any- thing related to any of the foregoing, Oystro customer support can be reached at the following email address: info@oystro.com or via the contact form available from the following hyperlink: www.oystro.com

2. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Site or the Applications or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer as given below:

Name: George Koshy

Designation: Head – Customer Experience

Address: H-1206, Palm Court, Link Road, Malad West, Mumbai - 400 064, Maharashtra, India.

Email: info@oystro.com

In the event you suffer as a result of access or usage of our Site or the Applications, by any person in violation of Rule 3 of the Information Technology (Intermediary Guidelines) Rules 2011, please address your grievance to the above person.

XI. Severability

If any provision of the Terms of Service is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Terms of Service and the remainder of the Terms of Service shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Terms of Service shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

XII. Waiver

No provision of this Terms of Service shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Oystro. Any consent by Oystro to, or a waiver by Oystro of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Time your opportunities and
meaningful interactions
Frustrated with too many calls, emails or messages on WhatsApp when scheduling meetings? Then, Oystro is for you.
Oystro is your meeting scheduler, event coordinator, meeting planner or event planner - whatever you may like to call it. Oystro uses your mobile number to schedule meetings, events, appointments or calls with friends, colleagues or business contacts on the go.
The world is your oyster. Make the most of it and meet people to access opportunities or to experience memorable personal interactions.
TERMS OF USE

I. General

1. These Terms of Service set forth the terms and conditions that apply to your access and use of the internet website, applications, and any other products owned and operated by Latent Tech Private Limited (“Oystro”, “we”, “our” or “us”) and/or any of its affiliates located at www.oystro.com and the applications available at android devices and ios devices (the “Site” or “Applications”) and the services available thereon, including without limitation the services that enable you to organize and run meetings online (the “Services”). This Terms of Services (the “Agreement”) forms a legally binding contract between you and us.

2. By using our Services, you agree to be bound by the following terms and conditions (“Terms of Service”).

3. Oystro reserves the right to update and change the Terms of Service at any time without notice. You can review the most current version of the Terms of Service at: [Terms and Conditions] The failure of Oystro to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

4. You agree that Oystro owns all legal rights in the Services. You must not remove, modify or obscure any legal notices. You are not entitled to use Oystro’s trademarks (especially OYSTRO), trade names, brands, domain names, or other distinctive brand features.

5. Violation of any of the terms below can result in the termination of your user-account or access to the Services. Violation of any of the terms will also terminate your usage rights of the Services.

6. If a provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:

(i) the validity or enforceability in that jurisdiction of any other provision of this agreement; or

(ii) the validity or enforceability in other jurisdictions of that or any other provision of this agreement.

7. These Terms of Service constitute the entire agreement between you and Oystro und replace all previous agreements under this title. There are no verbal subsidiary agreements.

8. These Terms of Service, and your relationship with Oystro under these Terms of Service, shall be governed by the laws of India. Any dispute, claim or controversy arising out of or relating to this Terms of Services, including the determination of the scope or applicability of this Terms of Service to arbitrate, or your use of the Site or Applications or the Services to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Oystro. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language and any other native language as may be applicable. The award shall be final and binding on the parties to the dispute. Subject to the content provided under this clause 8, the courts at Mumbai shall have exclusive jurisdic- tion to resolve any legal matter arising from the Terms of Service, for your use of the Site or Applications or the Services or the information to which it gives access.

II. Provision of the Services by Oystro

1. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis.

2. In order to use the Services, you must have reached the legal age of majority in your juris- diction of residence or otherwise be legally eligible to be bound by this Agreement (e.g., by being an emancipated minor), and you must be fully able and competent to enter into the terms, conditions, obligation, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to en- sure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it. If you are not of the age of majority or otherwise legally eligible to be bound by this Agreement, you may not use the Site or Application or the Services.

3. Oystro does not warrant that

(i) the Services will meet your requirements or expectations,

(ii) the Services will be delivered uninterrupted, timely, secure, or error-free,

(iii) the results that may be obtained from the use of the Services will be accurate or reliable,
(iv) any errors in the Services will be corrected.

4. You understand and agree that Oystro shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or Services, or other intangible loss, resulting from:

(i) the use or the inability to use the Services;

(ii) any changes which Oystro may make to the Services, or any permanent or temporary cessa- tion in the provision of the Services;

(iii) unauthorized access to or alteration of your transmis- sions or data;

(iv) the deletion of, corruption of, or failure to store, any content and other com- munications data maintained or transmitted by or through the use of the Services;

(v) or any other matter relating to the Services.

5. Technical support is provided on a best-effort basis and only by e-mail.

6. You understand that Oystro can use third parties (e.g., hosting partners) to provide the neces- sary resources (e.g., hardware, software, networking, storage, etc.) to run the Services. Addi- tionally, Apple Inc., Google, Inc., and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android on your mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

7. Oystro may stop, remove, modify, or add (permanently or temporarily) Services (or features within Services) at Oystro’s sole discretion. Any new, changed, or removed features are subject to the Terms of Service. Continued use of the Services after any such changes constitute your consent to the changes.

III. Provisions of Services offered by Oystro

1. Oystro is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Oystro provides, may require effecting certain changes in it, therefore, Oystro reserves the right to suspen/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.

2. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms of Service shall be considered part of the Services.

3. You acknowledge and agree that if Oystro disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.

4. Oystro reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Oystro platform anytime in future.

5. Oystro may from time to time introduce referral and/or incentive based programs for its users (“Program”). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, you are bound by the Program terms and conditions as well as the Terms of Service of Oystro. Further, Oystro reserves the right to terminate/suspend any user's account and/or credits/points earned and/or participation of the user in the Program if Oystro determines in its sole discretion that the user has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Oystro platform terms or has engaged in activities which are fraudulent/unlawful in nature. Furthermore, Oystro reserves the right to modify, cancel and discontinue its Program without notice to the User.

IV. Use of the Services by you

1. You agree to use the Services only for purposes that are permitted by

(i) the Terms of Service and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

2. For certain services, Oystro may offer or require you to register for a user account. You ensure that all registration information you provide will always be valid, correct, and up to date. You are responsible for maintaining the confidentiality of your user accounts, use of your mobile devices and any other information which allows you to access the Services. User accounts registered by bots or other automated methods are not permitted.

3. As a User, you will share your name, picture and mobile number, together with any or other user information you may provide, form your “Profile Information” and will allow you to ac- cess your account (“Account”). You agree to provide true, accurate, current and complete in- formation about yourself and to immediately provide updated information as your circumstances change. You may not misrepresent your Profile Information. As a part of the Profile Information, you are responsible to not upload an abusive photo, to not infringe on any copyrights or trademarks, and to not use a design which other Oystro users may deem offensive.

4. You will be responsible for all electronic communications, including those containing business information, Account holder information, financial information, Profile Information, and all other data of any kind contained within emails, phones or otherwise entered electronically through the Services or under your Account.

5. Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. Oystro shall not be responsible if any third party accesses your Account using your Profile Information. You agree not to disclose to any third party, your Profile Information and any other information as may be required to access your Account. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying us immediately.

6. By creating an Account, you agree that the Services may send you text (SMS) messages or internal messages through in-app notifications or may reach out to you by telephone as part of the normal business operation of your use of the Services.

7. Oystro to provide you Services may require phone numbers. You provide us the phone numbers of other Users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.

8. Oystro provides internal chat windows as part of its Services. Oystro reserves the right to store the Profile Information and any other messages as may be provided by you by using the Services. We do not share the messages with third parties unless authorised by you. Notwithstanding the foregoing, Oystro may disclose Profile Information and any other messages which it may store

(i) to the extent required by a court of competent jurisdiction or other governmental authority or otherwise as required by law, including without limitation disclosure obligations imposed under the federal securities laws, provided that Oystro has given the relevant user a prior notice of such requirement.

9. You agree that you will not impersonate another person.

10. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

11. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose without the express written permission by Oystro. The Services and all rights therein are and shall remain Oystro’s property or the property of Oystro’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:

(i) in or related to the Services except for the limited license granted above; or

(ii) to use or reference in any manner Oystro’s company names, logos, product and service names, trademarks or services marks or those of Oystro’s licensors.

12. You agree that you are solely responsible for (and that Oystro has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which Oystro may suffer) of any such breach.

13. You agree to Oystro’s privacy policy, as available at [Privacy Policy]

14. Oystro reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content or user-account from any of the Services at Oystro’s sole discretion. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

IV. Intellectual Property Rights

1. Subject to the terms and conditions of this Agreement, we grant to you, during the term of this Agreement, a personal, non-transferable, non-sublicensable, non-exclusive, and revocable, limited purpose right to access the Site, Applications and use the Services that are subject to a valid Terms of Service.

2. You acknowledge that any ideas, suggestions, concepts, processes or techniques (other than your content) which you provide to us related to the Services, the Site or Applications or its business (“Feedback”) shall become our property without any compensation or other consideration payable to you by us, and you do so of your own free will and volition. We may or may not, in its sole discretion, use or incorporate the Feedback (in whatever form or derivative we may decide) into the Site, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to us in any Feedback and, as applicable, waive any moral rights.

3. We own any test results, data information and other output (other than your Content?) generated by your use of the Site and/or the Services during the term of this Agreement. You may not disclose to any third party any test results or performance information regarding the Site or the Services, whether generated by you, us or a third party, except where expressly permitted.

V. Confidential Information

You agree to safeguard, keep secret and not to disclose to any third party, any Confidential In- formation acquired, learned or provided from us during the term of this Agreement or following the expiration or termination of this Agreement. “Confidential Information” means any non public information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, knowhow and processes, computer programs, technical documentation and data, and inventions, discoveries, and improvements of any kinds.

VI. Acceptable Use and Conduct

1. You agree that that you will not publish or make available any content that (or promotes or links to content or materials that), use the Site or Applications in a manner that, or use information obtained from the Site or Applications (including email addresses?) in a manner that:

a. infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;

b. contains software viruses, Trojan horses, worms, Easter eggs, spyware, malware, or any other computer code, files or programs that are designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that are designed to access, disclose, monitor or destroy data without authorization;

c. engages in spamming, “chain letters”, “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate this Agreement, the Privacy Policy or any applicable laws, regulations or generally accepted advertising or marketing industry guidelines;

d. is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal infor- mation in a misleading manner or for fraudulent or misleading purposes;

e. is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;

f. collects personally identifiable information from children under the age of thirteen (13);

g. is harmful to minors in any way;

h. is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or na- tional origin, marital status, disability, sexual orientation or age or is otherwise objection- able, as reasonably determined by the Oystro;

i. impersonates the Oystro ́s employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, for any reason, including to obtain access to the Site or Applications or a portion thereof without proper authorization;

j. interferes or attempts to interfere with the proper working of the Site or Applications or prevents others from using the Site or the Applications, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site or Applications, or that otherwise negatively affects other persons’ ability to use the Site and Applications, or inadvertently or intentionally disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site and the Applications or any other site or system in use by another user of the Site and Applications;

k. uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site and Applications or the information or content contained therein (including any form of email address harvesting);

l. facilitates the unlawful distribution of copyrighted content;

m. licenses, sublicenses, rents or leases the Services to third parties, uses the Services for third party training, commercial time-sharing or service bureau use, or otherwise makes the Services available to third parties or commercially exploits the Services;

n. includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers, in order to disguise the origin of content transmitted through the Site and Applications to users;

o. constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests (including, without limitation, any form of spamming);

p. stalks or otherwise harasses anyone on the Site or with information obtained from the Site;

q. collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;

r. requests, solicits or otherwise obtains access to usernames, passwords or other authenti- cation credentials from any user of the Site for the purposes of automating logins to the Site and Applications;

s. attempts to gain unauthorized access to the computer systems of the Oystro or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;

t. contains adult or pornographic content;

u. decompiles or reverse engineers or attempts to access the source code of the software underlying the Site and the Applications, the Services or any other Oystro’s technology, or that merges or combines any such software or technology with any other data or materials to form a new product or service;

v. copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site and Applications;

w. accesses the Site for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site and Applications;

x. accesses the Site and Applications for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;

y. accesses the Site and Applications to upload any content or computer code for the purposes of:

(i) causing a breach of security to the Site and Applications;

(ii) interfering with the proper working, functionality or performance of the Site and Applications; or

(iii) preventing others from accessing or using the Site and Applications.

z. If at any time we believe that you have violated any of these requirements, we may suspend or terminate your Account access.

VII. Disclaimer of Warranties

1. Your use of the Site and Applications and all content forming part of or related to the Site and Applications, including any content you upload or submit and any third party software and content, are at your sole responsibility and risk. The Site and Applications is provided on an “as is” and “as available” basis. The Oystro expressly disclaims all representations, warranties, or conditions of any kind with respect to the site, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.

2. The Oystro disclaims any warranty that the Site and Applications or any content, including without limitation any third party software and content, will meet your requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the site or the servers that makes the site available are free of viruses or other harmful components. you agree that from time to time the provider may remove the site for indefinite periods of time without notice to you.

3. Your access and use of the Site and Applications may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, the failure of third-party service providers, periodic updating, maintenance or repair of the site or other ac- tions that the provider., in its sole discretion, may elect to take, as well as the malicious actions of hackers and other third parties. the provider makes no guarantee regarding:

(a) the amount, timing and delivery of any clicks or impressions with respect to any content (including third party content) or advertising on the site; or

(b) the compatibility of your software, hardware or content with the site.

4. The provider is not responsible for the acts or omissions of, or for the failings of, any third party provider of any content, service, network, software or hardware, including but not limited to, internet service providers, hosting services utilized by the provider, telecommunications providers, content provided by other users, or any software or hardware not provided by the Oystro.

5. You are solely responsible for ensuring that your content is compatible with the Site and Application. The Oystro disclaims any liability or responsibility for any unauthorized use of your content by third parties or other users of the site and is not responsible for protecting your content.

6. Any material downloaded or otherwise obtained through the use of the Site and Application is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

7. No advice or information, whether oral or written, obtained by you from the provider or through or from the Site and Application shall create any warranty not expressly stated in this Agreement.

8. The Site and Application is offered and controlled by the Oystro from its facilities in India. The Oystro makes no representations that the site is appropriate or available for use in other locations. Those who access or use the site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

VIII. Indemnity

You agree to indemnify, defend, and hold harmless Oystro, its affiliates and its and their respective owners, investors, contractors, officers, directors, members, managers, partners, shareholders, licensors, suppliers, customers, employees, agents, third party advertisers, technology providers and service providers from and against any loss, damage, cost, or liability (including, reasonable attorneys’ fees) resulting from or relating in any way to a third party claim, demand, action or proceeding that arises out of this Agreement or the Site and Application, including but not limited to in relation to:

(a) your use, non-use or misuse of, or connection to the Site and Application, the Services and any content (including without limitation your content and any third party content) forming part of the Site and Application;

(b) your breach or alleged breach of this Agreement;

(c) your violation of any rights, including intellectual property rights, of a third party;

(d) your violation or alleged violation of any laws; or

(e) your use or exploitation of any information obtained from the Site. Oystro reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Oystro, and you agree to cooperate with Oystro’s defense of these claims. You agree not to settle any matter without the prior written consent of Oystro. Oystro will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

IX. Cancellation and Termination

Oystro reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Notice of termination will be provided to the email address you currently have on file with us. Oystro also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of Finland. Oystro reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.

X. Customer Support

1. If you have any question concerning Oystro, the Site, the Applications, the Services, or any- thing related to any of the foregoing, Oystro customer support can be reached at the following email address: info@oystro.com or via the contact form available from the following hyperlink: www.oystro.com

2. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Site or the Applications or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer as given below:

Name: George Koshy

Designation: Head – Customer Experience

Address: H-1206, Palm Court, Link Road, Malad West, Mumbai - 400 064, Maharashtra, India.

Email: info@oystro.com

In the event you suffer as a result of access or usage of our Site or the Applications, by any person in violation of Rule 3 of the Information Technology (Intermediary Guidelines) Rules 2011, please address your grievance to the above person.

XI. Severability

If any provision of the Terms of Service is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Terms of Service and the remainder of the Terms of Service shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Terms of Service shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

XII. Waiver

No provision of this Terms of Service shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Oystro. Any consent by Oystro to, or a waiver by Oystro of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.