Terms of Service
1. Your Acceptance
These Terms of Service apply to all users of the Zoment. Information provided by our users through the Zoment may contain links to third party websites that are not owned or controlled by uFony. uFony has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, uFony will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that uFony shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. uFony Access
Zoment allows you to access child specific school information through our mobile and web-based apps and our site (each an “App”). As long as you comply with these Terms, you have the right to download and install a copy of the App to your mobile device, and to access and use the Zoment, for your own personal use.
A. Subject to your compliance with these Terms of Service, uFony hereby grants you permission to use the Service, provided that:
(i) You are sixteen (16) years of age or older and have full power and authority to enter into this Terms of Service.
(ii) You will not provide any false personal information on or through the Service, or create an account for anyone other than yourself without such other’s permission.
(iii) You can login upto five (5) personal devices (here personal means your smartphone device and devices of your immediate family members including your wife & parents) using the same login ID. You will not share your password with anyone outside the immediate family, let anyone else access your account, or do anything else that might jeopardize the security of your account.
(iv) You will not use an email ID and/or phone number of another person with the intent of impersonating that person.
(v) Your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service.
(vi) You will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without uFony's prior written authorization.
(vii) You will not attempt to reverse engineer, alter or modify any part of the Service and
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide uFony or the school with your valid mobile phone number. You expressly acknowledge and agree that in order to provide the Service, uFony may periodically access any information on your phone but not limited to logs, bug reports, device unique IDs, location etc . You must notify uFony immediately of any breach of security or unauthorized use of your mobile phone. Although uFony will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of uFony or others due to such unauthorized use.
C. You acknowledge and agree to share your location with uFony on a continuous and/or periodic basis. Your location may be transmitted off of your mobile device when the Application is closed. The location information may be transferred to uFony servers. The location information will be used to trigger bus alerts. uFony will never share your exact location, cell phone or email address with another user.
D. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the uFony servers in a given period of time than a human can reasonably produce in the same period by using a uFony application, and you are forbidden from ripping the content. Notwithstanding the foregoing, uFony grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. uFony reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by uFony clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights
The design of the Zoment along with its created text, voice, scripts, graphics, interactive features and the like, except Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to uFony, subject to copyright and other intellectual property rights under India and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. uFony reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of voice and text messages, notifications and status Submissions of third parties obtained through the Service for any commercial purposes.
5. User Content
A. The Zoment allows users to send text messages, voice messages, pictures, PDF, profile photos, update location, set event & reminders, take & share attendance information, bus tracking, fee information and other communications, as well as it captures the automatic submission of user “last seen” status (collectively, the "Contents"). These Contents may be hosted, shared, and/or published as part of the Zoment, and may be visible to other users in your school depending on their role/designation.
B. You shall be solely responsible for your own Contents and the consequences of posting or publishing them. Because Zoment is only acting as a repository of data, user submitted Contents do not necessarily represent the views or opinions of uFony, and uFony makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Contents, you affirm, represent, and/or warrant that:
(i) You own or have the necessary licenses, rights, consents, and permissions to use and authorize Zoment to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Contents to enable inclusion and use of the Contents in the manner contemplated by the Service and these Terms of Service; and
(ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Contents to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contents in the manner contemplated by the Service and these Terms of Service.
To be clear: you retain all of your ownership rights in your Contents, but you have to have the rights in the first place. However, by submitting the Contents to Zoment, you hereby grant Zoment a worldwide, non-exclusive, royalty-free, sub licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Submissions in connection with the Zoment and uFony's other (and its successor's) business, including without limitation for promoting and redistributing part or all of the Zoment (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your message on the Zoment a non-exclusive license to access your Contents through the Service.
C. In connection with Contents, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant uFony all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage uFony or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially, religiously or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business without ufony’s explicit written permission;
(v) impersonate another person;
(vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
(vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or
(viii) attempt to gain unauthorized access to the Service or its related systems or networks.
D. Adult content must be identified as such. Zoment does not endorse any message, Content or any opinion, recommendation, or advice expressed therein, and uFony expressly disclaims any and all liability in connection with any Content. uFony does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and uFony will remove all content if properly notified that such content infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number and/or email ID of the Zoment user allegedly infringing the copyrighted work;
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such takedown notices may be emailed to contact at uFony.com. uFony reserves the right to remove any content without prior notice. uFony may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a content removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized uFony employees, agents, subagents, superagents or superheros. uFony also reserves the right to decide whether content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. uFony may remove such Contents and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the Zoment you will be exposed to Contents from a variety of sources, and that uFony is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions, and that such Contents are not the responsibility of uFony. You further understand and acknowledge that you may be exposed to Contents that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against uFony with respect thereto, and agree to indemnify and hold uFony, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Zoment.
F. uFony reserves the right to discontinue any aspect/feature of the Zoment at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE ZOMENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UFONY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. UFONY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ZOMENT. UFONY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ZOMENT OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER COMMUNICATION OR OTHER ADVERTISING, AND UFONY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
7. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT UFONY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by uFony from its facilities in the India. uFony makes no representations that the Zoment is appropriate or available for use in other locations. Those who access or use the Zoment from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless uFony, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Zoment; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your contents caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Zoment.
9. Ability to Accept Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the Zoment is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the Zoment. You further represent and warrant that you are not located in a country that is subject to a Indian Government embargo, or that has been designated by the Indian Government as a” terrorist-supporting” country, and that you are not listed on any Indian list of prohibited or restricted parties. uFony is the developer of the Service, with an address at Unit no C/102/23, Incubation Center Pune IT Park, 34 Aundh Road, Bhau patil Marg, Pune -411020, India, info at uFony.com.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by uFony without restriction.
You agree that:
(i) The Zoment shall be deemed solely based in Pune, India; (ii) the Zoment shall be deemed a passive server that does not give rise to personal jurisdiction over uFony, either specific or general, in jurisdictions other than Pune, India; and (iii) that you agree to subject to the jurisdiction of Pune,India in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the Republic of India, without respect to its conflict of laws principles. Any claim or dispute between you and uFony that arises in whole or in part from the Zoment shall be decided exclusively by a court of competent jurisdiction located in Pune, India.
The Information uFony Collects
uFony may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
User Provided Information: For setting up your Zoment account, your School management/adminstrator provides certain Personally Identifiable Information, such as your mobile phone number, email ID, your name, your child’s nam, class, fees, bus & other details. Additionally location information, profile updates including but not limited to pictures, and mobile device information is captured when you use various features of Zoment from time to time.
Cookies Information: When you visit the Zoment Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. uFony uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the uFony Site may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the Zoment, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the Zoment, our servers log certain general information that our application sends whenever a message is sent or received, or if you send any content, including your location information, time and date stamps and the mobile phone numbers the messages were sent from and to.
User Generated Content –
The contents of messages/notice boards/events/attendance and other features are copied and archived by Zoment in the normal course of business. Similarly, the messages that are scheduled are also archived on the Zoment servers.
In addition to the above, Zoment may retain location, date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which Zoment is legally compelled to collect. Files that are sent through the Zoment will reside on our servers after delivery.
The Way uFony Uses Information
When uFony Discloses Information
“We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Zoment. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, broad location etc.) with interested third-parties to assist them in understanding the usage patterns for certain features, content, services, advertisements, promotions, and/or functionality on the Zoment. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as Indian Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. uFony also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that uFony believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the uFony Site or our servers, and to protect the rights, property, or personal safety of uFony, our users or others.
Third-party Advertisers, Links to Other Sites
We are not fans of advertising. uFony is currently ad-free and we hope to keep it that way forever. Incase we want to introduce advertisement into the product we will update this section.
Our Commitment To Data Security
uFony uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to uFony and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the Zoment is never recommended. Once we receive your transmission of information, uFony makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If uFony learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. uFony may post a notice on the Zoment site if a security breach occurs.
Special Note to International Users
In the Event of Merger, Sale, or Bankruptcy
In the event that uFony is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice
Date Last Modified:
This Privacy Notice was last modified Feb 8, 2017.