PRIVACY POLICY

Tbtl recognizes the importance of the privacy of your information and is committed to protecting your privacy. This Privacy Policy describes the information that is collected by Tbtl and the manner in which this information is treated when you use the Software Product and the Services. Please read this Privacy Policy carefully, along with the End User License Agreement.Any capitalized term used and not defined herein shall have the meaning ascribed to it under the End User License Agreement.

By confirming that you are bound by this Privacy Policy, by using the Software Product and the Services or by otherwise giving your information, you agree to the practices and policies outlined in this Privacy Policy and you hereby consent to tbtl's collection, use and sharing of your information as described in this Privacy Policy. Tbtl reserves the right to change, modify, add or delete portions of the terms of this Privacy Policy, at its sole discretion, at any time.

If you do not agree with this Privacy Policy at any time, do not use the Software Product and the Services, nor provide any of your information on the Software Product. If you use the Software Product and the Services on behalf of someone else or an entity (such as your employer), you represent that you are authorized by such individual or entity to accept this Privacy Policy on such individual’s or entity’s behalf.

  1. Information Collected by Tbtl

In order to use the Software Product and the Services, tbtl may collect information including but not limited to device identity. Tbtl shall not have access to any confidential data like the bank account number(s), debit/ credit card number(s), card expiry date(s), card security codes. In future, Tbtl also may collect the IP address of the Device.

  1. Information Backup

The Software Product and the Services do not and never will,take any backup of your data or modify or copy any content from your Device.

  1. Use of Information

Tbtl will never look at your individual data unless you are having technical difficulties, it is required by law, or it is necessary to maintain Tbtl's system. However, Tbtl may capture the number of characters manually uploaded by the User.

Tbtl may use this information for other purposes such improving the Software Product experience. Tbtl may also use the information for identifying the trends in user behaviour; however, such use will be based on aggregation of all data collected. Tbtl will not transact in any individual information.

  1. Billing Information

The Software Product and the Services, or certain components thereof may be accessible to you subject to your payment of such user fees as may be determined by Tbtl, from time to time. You are responsible for obtaining complete access to the Software Product and the Services, which access may involve third party fees (such as Internet service provider charges). Tbtl will never sell or rent your billing information to any third parties, except for the purpose of processing the online payment transaction, as and when required. Tbtl may, however, disclose your billing information as may be required by the Applicable Law.

  1. Confidentiality and Security

Your information is maintained by Tbtl in electronic form on its equipment. Such information may also be converted to physical form from time to time. Tbtl takes all necessary precautions to protect the User's personal information both online and off-line, and implement reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected.

Tbtl makesthe Users’ information accessible to its employees, agents or partners and third parties only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.

Notwithstanding the above, Tbtl shall not be responsible for the confidentiality, security or distribution of your information by any third parties outside the scope of Tbtl's agreement with such third parties. Further, Tbtl shall not be responsible for any breach of security or for any actions by any third parties or events that are beyond Tbtl's reasonable control including, acts of government, computer hacking, unauthorized access to computer/mobile data and storage device, Device crashes, breach of security and encryption, poor quality of internet service or mobile network of the User etc.

  1. Changes to the Privacy Policy

Please note that this Privacy Policy may change from time to time. Tbtl shall not reduce your rights under this Privacy Policy without your explicit consent, and most such changes will be minor. Regardless of the above statement, Tbtl shall, if the implemented changes are significant, post any changes to the Privacy Policy on this page and will provide a more prominent notice (including, for certain services, email notification of changes to the Privacy Policy). Each version of this Privacy Policy will be identified at the top of the page by its effective date.

If you have any additional questions or concerns about this Privacy Policy, please feel free to contact any time by sending an email to namaste@ramukaka.ai.

THIRD PARTY COMPONENTS

RamuKaka – Multi utility keyboard leverages & build on third party components (which may include opensource softwares) as well.

  1. Giphy for Gif search
  2. Google Maps
  3. anysoftkeyboard
  4. Indic-keyboard

To the limited extent a third-party license expressly supersedes this Agreement, that third party license governs Customer’s use of that third party component.

THIRD PARTY CONTENT

Any content from third party websites are the responsibility of those sites and not Tbtl. We do not claim any ownership of such content and have no knowledge of whether content on third party websites is or is not authorized by the content owner as that is a matter between the site that hosts the audio content and the content owner. Tbtl does not host any audio or video content on its servers or network.

Tbtl is a pro-DMCA website and as such Content Owners can use the DMCA protocol (Digital Millennium Copyright Act of 1998) to request removal of links to audio that they believe infringe their copyright.

Content owners must understand that by having a link removed from tbtl they will not be removing the actual source from the 3rd party site. Content owners must contact the audio and video hosting site themselves to request removal.

We only accept requests for individual links to be removed. If you wish to request multiple link removals please use just one DMCA notice but list all the URLs in that request.

For Audio and Video content, Tbtl does not stream any of the channels included in its website/app, All the streaming links are from third parties available free on the internet. We are official partners of SHOUTcast, and source Radio stations content from there. However, incase, as a Content Owner you wish to have your content removed, please email us the channel name & the reason for requesting the removal to namaste@ramukaka.ai, and we will respond expeditiously to the request.

END USER LICENSE AGREEMENT

This End User License Agreement is a legal agreement between you and Thebanyantree Limited (tbtl”), governing your use of the Software Product (term defined hereunder) and the Services(term defined hereunder).

FOR THE PURPOSE OF THE TERMS AND WHEREVER THE CONTEXT SO REQUIRES, THE TERMS “USER” “YOU” AND “YOUR” SHALL MEAN ANY PERSON WHO USES OR ACCESSES, WHETHER THROUGH MANUAL OR AUTOMATED MEANS, THE SOFTWARE PRODUCT AND THE SERVICES IN ANY MANNER WHATSOEVER.BY PROCEEDING TO INSTALL AND USE THE SOFTWARE PRODUCT AND AVAIL THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE TO DOWNLOAD AND USE THE SOFTWARE PRODUCT.THIS AGREEMENT SHALL BECOME EFFECTIVE AND BINDING ON THE PARTIES AS OF SUCH DATE ON WHICH YOU SELECT THE “I ACCEPT” BUTTON, DOWNLOAD, ACCESS, INSTALL OR OTHERWISE USE THE SOFTWARE PRODUCTAND THE SERVICES. YOU AND TBTLSHALL HEREINAFTER BE INDIVIDUALLY REFERRED TO AS ‘PARTY’ AND JOINTLY AS ‘PARTIES’.

  1. Definitions
  1. Conditions of Use

The User hereby agrees that the Software Product and the Services are intended only for persons attained the age of majority and that the User is at least 18 years of age and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

If the User is using/accessing the Software Product and the Services as a representative of any person/entity, the User acknowledges that he/she is legally authorized to represent that person/entity.

  1. Limited License

Tbtl hereby grants you a perpetual, revocable, non-transferable, non-exclusive license to use the SoftwareProduct and avail the Services solely for your own individual, personal, non-commercial use. The Software Product is licensed, and not sold to you, and Tbtl retains the ownership of all copies of the Software Product even after its installation on your mobile phone, computer, tablet, portable electronic device, or any hardware device of such specifications as may be prescribed by Tbtlfrom time to time. Tbtlmay assign this license or any part of it without restrictions. You agree not to make any use of the Software Productand the Services beyond the scope of authorized access as set forth in this Agreement.

  1. Prohibited Uses
    Except as permitted by Clause 1, you may not:

(i)            Use, reproduce, copy, modify, transmit, adapt, vary, exploit or create derivative works based on the Software Product, in whole or part;

(ii)           interfere with or disrupt the integrity of the Software Product and the Services or any third party data stored therein;

(iii)          attempt to gain unauthorized access to the Software Product and the Services or related systems;

(iv)         Rent, lease, sub-license, display, perform, distribute, broadcast, assign, sell or otherwise transfer or make available the Software Product andthe Services, or any portions thereof, to any third party or allow any such item (or the documentation relating thereto) to be accessed by or copied onto another person's device;

(v)          Translate, reverse engineer, decompile, or disassemble the Software Product andthe Services; or use any access software system to search the data in the Software Product andthe Services other than the Software Product andthe Services provided under this Agreement;

(vi)         Remove any proprietary notices or labels or any copyright management information (CMI) contained on, around or in the Software Product andthe Services;

(vii)        Bypass, modify, defeat or circumvent the security technology used to deliver or protect the Software Product andthe Services or the CMI associated with theSoftware Product andthe Services; and

(viii)       Use the Software Product and/or the Services for developing any competing product or service, creating benchmark data, or in any unlawful or infringing manner.

  1. Your Responsibilities

You agree to comply with all applicable laws, rules and regulations. Should you use the Software Productand/or the Services to break any applicable law, rule, regulation or this Agreement, your right to use the Software Productand the Services shall terminate immediately and without notice, and Tbtl and its licensors and third-party providers (collectively “Licensors”) are not liable for any damage or loss resulting from such termination.

  1. Tbtl's Use of Data
    • Tbtl may have access to the data like number of characters manually entered by you using the Software Product and the Services and your location, but shall not include any confidential data like your account number or card number etc.
    • Tbtlmay, however, use the nature of information manually shared by you through the Software Product, or any information of the User’s usage of the Software Application, for the purpose of enhancing the features of the Software Application without the User's express permission, keeping your identity anonymous.
    • Tbtlis free to use the Feedback, without any compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products and creating, modifying or improving the Software Product and the Services. By posting any Feedback, you grant to the Company a perpetual, worldwide, exclusive, royalty-free irrevocable, sub-licensable license and all rights in such Feedback, including the right to display, use, reproduce or modify the Feedback in any media, software or technology of any kind now existing or developed in the future.
  1. Value-added Services and Products
    • In order to offer you more tailored services, Tbtl and/or its Licensors may provide you with the Services, either free,or at such charges as may be decided by Tbtl. The Services offered by Tbtlmay change from time to time in Tbtl’s discretion. Tbtl may change the charges payable for availing such Services at any time without any notice to you. The new charges will apply to your next purchase after the new charges have been published.
  1. No Warranty
    • To the maximum extent permitted by law, you acknowledge and agree that the Software Product and the Services and any features included therein, are provided to you on an “as is” basis and all faults, without any warranty of any kind. You acknowledge that the Software Productand the Services have not been developed to meet your individual requirements. It is your responsibility to provide and maintain all equipment and internet service necessary to use the Software Productandthe Services.
    • Tbtl and its Licensor(s), if any, expressly disclaim all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, of fitness for a particular purpose, or of non-infringement. To the maximum extent permitted by law, Tbtl and its Licensor(s) make no warranty that the Software Productand/or the Services will be provided in an uninterrupted, always effective, timely, secure, accurate anderror free manner.
    • Tbtl and its Licensors will not be liable in any way for any costs or expenses, loss of profits, business contracts, revenues or expected savings or any special indirect or consequential damage whatsoever arising out of any provision or use of the Software Product and the Services. In no event will the liability of Tbtl and its Licensors hereunder ever exceed the amount paid, if any, for the Software Product or Service giving rise to the liability in the three (3) month period immediately preceding the date when the cause of action giving rise to the liability occurred.
    • The Licensors may provide the Services through the Software Product, including but not limited to games, applications, expressions, images. Tbtl is not liable for such Services. The Services may be subject to additional terms of use and privacy policy of the applicable Licensor that you may have to accept upon download or installation. You should review such terms before making any purchase or using any third-party Service and Tbtl shall not be responsible for your failure to do so,unless otherwise provided in this Agreement andthe Privacy Policy.
    • You also warrant that all information supplied by you for using and accessing the Services, including without limitation your name, email address, mobile number etc. is correct and accurate. Failure to provide accurate information may subject you to legal proceedings.
    • If you are using Software Product pre-loaded on, embedded in, combined, distributed or used with or downloaded onto other products, hardware, software applications, programs or devices (“Other Technology”), you agree and acknowledge that: (a) you may be required to (i) enter into a separate license agreement with; and/or (ii) purchase a subscription from; and/or (iii) pay a fee, to the relevant third party owner or licensor for the use of such Other Technology; (b) some Services and/or functionality may not be accessible through the Other Technology; and (c) Tbtl cannot guarantee that the Software Product shall always be available on or in connection with such Other Technology.
  1. Intellectual Property Rights

9.1          Tbtl retains the Intellectual Property and similar rights of any type under the laws of any Government Authority, including all applications and registrations relating to any of the foregoing and all statutory and common law rights throughout the world in, arising out of or associated therewith, including all copies thereof in, to and for the Software Product and the Services, except for the license rights granted to you expressly under this Agreement. Without limitation, Tbtlowns the trademarks, domains, the Software Product and the Services and all other content made available through the Source, and the copyrights in and to the Software Product and the Services, and the technology used in providing the Software Product and the Services. You will not acquire any right, title or interest therein under this Agreement or otherwise to any intellectual property owned byTbtl. No right or license is granted or implied under any of Tbtl’s, or its licensors’, patents, copyrights, trademarks, trade names, service marks or other intellectual property rights beyond the rights and restrictions explicitly set forth in this Agreement. Tbtlreserves a right to terminate the License in the event of infringement of copyrights or other intellectual property rights of Tbtlor others.

9.2          All Tbtl’s registered and unregistered trademarks or trade dress, service marks, trade names, logos, domain names, and any other features of Tbtl’s brand whether appearing or not on the Software Product and the Services, are its sole property. This Agreement does not grant you any rights to use or display Tbtl’s trademarks, service marks, trade names, logos, domain names, or any other features of our brand, whether for commercial or non-commercial use. Other than Tbtl's owned trademarks, all other trademarks appearing on the Software Product (“Third Party Marks”) are trademarks of their respective owners. You may not use Third Party Marks without the written permission of such third party.

9.3          You do not claim ownership over any representations created by or through the Software Product and the Services.

9.4          You agree not to commit any acts, directly or indirectly, which may contest, dispute, or otherwise impair the rights, title or interest of Tbtlin or to the Intellectual Property Rights in the Software Product and the Services. You agree not to claim or assert any rights, title or interest in or to the Software Product and the Services in any way. You will not use any language or communicate to any third party in such a manner as to create the impression that the Software Product and the Services belong to and/or are owned by you. You indemnifyTbtl from all Intellectual Property Rights related issues.

9.5          Tbtlexpressly reserves all other rights in and to the Software Product and the Services, and Intellectual Property rights therein are not granted hereunder.

  1. Infringement

        If a court determines that the Software Product and the Services or part thereof infringes the Intellectual Property rights of a third party, Tbtl will, at its option, use commercially reasonable efforts to: (i) obtain for Tbtl, the right to continue to use the Software Product and the Services consistent with this Agreement; (ii) modify the Software Product and the Services so that it is non-infringing; (iii) replace the infringing component with a non-infringing component; or (iv) refund a pro-rata portion of any pre-paid fees related to using the Software Product and the Services, if applicable and paid by you hereunder, upon which all of User’s rights and licenses under this Agreement shall automatically terminate.

                Tbtl shall have no liability for a claim of infringement arising from: (i) any third-party software; (ii) the combination of the Software Product and the Services with products or services not provided by Tbtl, which claim would have been avoided but for such combination; (iii) the modification of the Software Product and the Services other than as directed by Tbtl; or (iv) the use of the Software Product and the Services in a manner not permitted or contemplated hereunder. THIS SECTION STATES YOUR SOLE AND EXCLUSIVE REMEDY AND TBTL’S ENTIRE LIABILITY WITH RESPECT TO ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS BY THE SOFTWARE PRODUCT AND THE SERVICES OR ANY PART THEREOF. The obligations of Tbtl set forth above are the sole obligations and exclusive liability of Tbtl towards you, and your sole recourse and remedy against Tbtl, for any claim or allegation of violation, infringement or misappropriation of intellectual property rights by the Software Product and the Services.

  1. Termination
    • Your right to use the Software Product and avail the Services automatically terminates upon breach of any of the terms of this Agreement or the Privacy Policy.
    • You understand and agree that uninstalling the Software Product is your sole right and remedy with respect to any dispute with Tbtl. This includes, but is not limited to, any dispute related to or arising out of: (a) any terms of this Agreement or Tbtl’s enforcement or application of this Agreement; (b) any policy or practice of Tbtl, including the Privacy Policy, or enforcement or application of these policies; (c) your ability to access and use the Software Product and the Services; or (d) the amount or type of fees, surcharges, applicable taxes, and any billing methods. Tbtl may, in its sole discretion, terminate your use and remove and discard any of your recommendations without notice if Tbtl believes that you have violated or acted inconsistently with the terms of this Agreement.
    • Upon expiration or termination of the license: (i) the license to use the Software Productand the Services shall immediately cease; and (ii) you will immediately uninstall all copies of the Software Product and other tangible items that it may have received or created pertaining, referring or relating to the confidential information of Tbtl or its Licensors.
    • All terms of this Agreement which by their nature extend beyond their termination, like confidentiality, intellectual property rights, indemnification, warranty, limitation of liability, etc. remain in effect until fulfilled and apply to respective successors and assigns.
  1. Limitation of Liability
    • You hereby agree that, to the extent permitted by Applicable Law, your sole and exclusive remedy for any problems or dissatisfaction with the Software Product and the Services is to uninstall the Software Product.
    • YOU AGREE THAT NEITHER TBTL NOR ITS THIRD-PARTY SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF LEGAL THEORY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING THOSE RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE PRODUCT AND THE SERVICES; (ii) THE COST OF SUBSTITUTE SOFTWARE PRODUCT, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM OR ON INPUTS FROM THE SOFTWARE PRODUCT OR SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SOFTWARE PRODUCT, OR THE INFORMATION CONTAINED THEREIN; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SOFTWARE PRODUCT OR THE SERVICES; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY; OR (vii) ANY AND ALL OTHER MATTER RELATING TO THE SOFTWARE PRODUCT AND/OR THE SERVICES.
    • The Software Product and the Services are controlled and offered by Tbtl from its facilities in England & Wales. Tbtl makes no representation that the Software Product and the Services are appropriate or available for use in other locations other than those approved by Tbtl, from time to time. Those who access or use the Software Product and the Services from other jurisdictions, do so at their own volition and are responsible for compliance with that local law.
  1. Indemnification

You agree to defend, indemnify and hold harmless Tbtl and its officers, employees and agents from and against any claims, losses, liabilities, damages, and expenses suffered by Tbtl or its officers, employees and agents arising from your negligence, willful misconduct or breach of the terms of this Agreement.

  1. Force Majeure

Neither Party shall be in breach of the Agreement due to failure of performance that arises due to an event of Force Majeure.

  1. Modifications

Tbtl will make reasonable efforts to keep the Software Product operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions to the functioning of the Software Product. Tbtl reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, any of the functions and features of the Software Product, with or without notice, all without any liability towards you for any interruption, modification, or discontinuation of the Software Product or any function or feature thereof. You understand and agree that Tbtl has no obligation to maintain, support, upgrade, or update the Software Product, or to provide all or any specific content through the Software Product.

  1. General Terms
    • If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
    • Neither Tbtl, nor the User shall be in breach of this Agreement due to failure of performance that arises out of causes beyond its control.
    • If you have other question or suggestion concerning the Software Product, or this Agreement, please contact Tbtl.
    • This Agreement shall be governed by, and construed in accordance with, the laws of England & Wales. Any dispute, controversy or claim arising out of or in connection with this Agreement, you and Tbtl shall exert best efforts to reach an amicable resolution based upon mutual consultation. You irrevocably agree to submit such dispute, controversy or claim to the court of the place where Tbtl has its domicile.
    • Tbtl reserves the right to the interpretation of this Agreement.
    • The Licensors are intended beneficiaries of this Agreement, and you agree that such Licensors have the right to independently enforce their rights in and to the SoftwareProduct and Services against you in the event that you breach your obligations under this Agreement.