We are committed to safeguarding your privacy and by the use of our Web Site or its URLs, you indirectly accept the practices as described As a course of our business we collect the e-mail addresses of persons or firms who communicate with us via e-mail, and compile the information on pages accessed or visited by consumers.
We are a mobile application developer and publisher called InventBird Pvt Ltd. See our website at www.inventbird.com for further information about us. Please kindly read these terms of service (“Terms”) carefully because they apply to your participation in our “urCashCow” mobile application (the “App”) which InventBird Pvt Ltd currently offers for download via Google Play and the Apple AppStore.
If you would like to discuss these Terms or the App, please contact us using the following details: [email protected] or write to us at the address stated above. Please note that the App is not sponsored, endorsed or affiliated to Apple or Google in any way.
CHANGES TO THESE TERMS:
InventBird Pvt Ltd may change these Terms and whilst we will tell you about what we feel are key changes to them, please check them regularly to keep up-to-date.
1) AGE RESTRICTIONS
A. You must be 18 years or older to download and use the App. If we discover that you have gained access to the App and are younger than 18 we may terminate your access and use of the App immediately.
B. If you are 17 and not yet 18, please show these Terms and our Privacy Policy [https://inventbird.com/privacy] to your parent or legal guardian to ensure that you and your parent or legal guardian understand the terms and conditions contained in these Terms and our Privacy Policy [https://inventbird.com/privacy] (the “PP”).
2) ACCEPTANCE OF THESE TERMS
A. These Terms together with our PP set out how you may participate in the App. The PP is an essential part of these Terms as InventBird Pvt Ltd’s ability to use the personal data you consent to us sharing with our third-party advertisers makes the App commercially viable and by accepting these Terms you also accept our PP.
B. By downloading the App you agree that you have read and agree to these Terms (including our PP) and that these Terms (including our PP) form a legally binding contract between you and us.
C. Please note that if you have downloaded the App from the Apple AppStore no contract is formed between you and Apple as a result of your agreement to these Terms. InventBird Pvt Ltd is solely responsible to you for the App and its content, maintenance and support; not Apple. Apple’s terms and conditions apply to your use of the App (the “Apple Terms”). The Apple Terms that apply to you can be found here: http://www.apple.com/legal/internet-services/itunes/ww/. If there is any conflict between these Terms and the Apple Terms, the Apple Terms shall prevail.
D. If you use a platform other than Apple to use the App (for example, Google Play) (each a “Platform Provider”), then your download and use of the App may be subject to the terms and conditions of that platform (the “Platform Terms”). If there is any conflict between these Terms and the Platform Terms, the Platform Terms shall prevail.
3) ACCESS TO AND USE OF THE APP
A. Download: To download the App through the Apple Appstore or other Platform Provider you must have an account with Apple or the applicable Platform Provider. You must always be using the latest version of the App. Please refer to the Apple Appstore or other Platform Provider’s store to ensure that you are always up-to-date.
B. Download Charges: There is currently no charge to download and/or play the App. However, whilst our current business model is very much to offer the App as ‘free to play’ and generate revenue through advertising, we may decide to commence charging at any time.
C. Log-in and Security: You must create an account and be logged to be able to play the App and claim a Prizes, Rewards and/or Cash (all as defined below). You cannot play the App without being logged in. When you first download the App and access it for the first time you will be prompted to login, In case if you are new user please create user account using gmail prompt. You are responsible for keeping your access details, as well as any Apple AppStore or Platform Provider account details secure and for the security of any device you use to access the App. If you become aware of any unauthorised access to the App or any suspected breach of security you should notify us immediately. InventBird Pvt Ltd may take steps to verify the accuracy of information that you provide us, including (if parent/guardian approval is required under 1(B) above) sending an e-mail to that parent/guardian to confirm they agree to you downloading and playing the App.
D. Personal data obtained to serve adverts: The App is, as you may have already worked out, funded by advertising. When you first open the App you will be asked if you consent to your personal data being used for targeted advertising purposes or not. If you choose not to consent you will still see adverts but these will not be personalised to you. Further details on this are available in our PP [https://inventbird.com/privacy].
E. Personal data via registration of account: As a result of logging-in, InventBird Pvt Ltd will collect certain personal information about you – namely your name and e-mail address, mobile number, gender. Further information on this can be found in our PP [https://inventbird.com/privacy].
F. Playing the App: The App allows you to view and access a variety of contests, slots,spinners which offer the following rewards if you match 3 symbols on the instant win slots or its associated bonus machine: (a) a variety of prizes, (each a “Prize”); (b) real money (“Cash”); or (c) Coins which, if accumulated can be ‘cashed out’. It is completely free to use your device and applicable Google Play and/or Apple AppStore account to download the App and play each slot,contests,spinners on offer, but, as noted above, to play the App and claim a Prize, Cash and/or Reward you must have an account to log-in . Winning slots,spinners, contests are only issued to you once. If there are any technical difficulties or doubts regarding the validity of your claim to any Prize, Cash and/or win. InventBird Pvt Ltd has the right to void a winning slot. The Coins that you accumulate are reset to zero (so lost) if you don’t log-in to the App at any time for a continuous 90 day period. Please bear this in mind if you intend to take a break from our App.
G. Claiming Prizes: You can redeem a Prize within the App by clicking on the “Redeem a Prize” button under the Menu options. You are limited to one Prize claim per day. The Prizes on offer are final and InventBird Pvt Ltd is not obliged to offer any tailored Prizes. There is no cash alternative for Prizes or any part of a Prize. If you win a Prize you will then be asked to provide your e-mail address via the App. InventBird Pvt Ltd will then contact you via this e-mail address to either deliver the Prize or to confirm a delivery address (in the case of physical Prizes). InventBird Pvt Ltd is not responsible for any failures or delay in delivery of Prizes (including any loss suffered by you as a result of such failures or delay) as such delivery is solely the responsibility of the Prize partner in question. InventBird Pvt Ltd will, however, place the order for the Prize within 3 days of your request (subject to stock availability). If the Prize is not available InventBird Pvt Ltd will wait for the Prize to be available or otherwise contact you about alternative Prize options.
H. Claiming Cashouts: Once you have accumulated at least $10 (1000 coins) in Cash, you can post a request via the App for funds to be paid to you via Paypal under the Menu options (“Cashout”). You must have an active Paypal account and provide your Paypal details in order to obtain any Cashout. It is your responsibility to submit such Paypal details accurately and to keep such details secure. InventBird Pvt Ltd does not take any responsibility or accept any liability for losses suffered by you as a result of failing to comply with the foregoing provision. Any requests to Cashout for sums of less than $10 (1000 coins) will be refused. Once your request has been submitted, you will be asked to confirm the e-mail address that is linked to your Paypal account. Once you have confirmed this e-mail address, InventBird Pvt Ltd aims to deposit the Cashout in your Paypal account within 3-7 days of such confirmation. Payments are made Monday – Friday only.
I. Claiming Rewards: Once you have accumulated the required amount of coins for the applicable Reward, you can post a request via the App for that Reward under the Menu options. As part of this request you will confirm which e-mail address you would like your Reward to be sent to and InventBird Pvt Ltd will then send that Reward digitally via email. InventBird Pvt Ltd is not responsible for you submitting any inaccurate e-mail address and/or the terms and conditions applicable to the use of such Reward and you must check the submitted e-mail carefully and consult the Reward provider’s terms and conditions for details on items such as eligibility and expiry dates.
J. Intellectual Property: InventBird Pvt Ltd owns (or has a licence to use) all intellectual property in the App (including all copyright in the underlying software code and in the visual artwork and graphics and all trade mark rights in the App’s title and other trade marks, whether registered or unregistered, used elsewhere in the App). By using the App under licence you do not acquire any intellectual property in the App. Provided you continue to comply with these Terms, InventBird Pvt Ltd hereby grants to you a non-exclusive, non-transferable, revocable licence to access and play in the App for your own personal and non-commercial entertainment purposes. If you breach any provision of these Terms then this licence will automatically and immediately terminate.
K. Commercial Use Forbidden: For the avoidance of doubt, any commercial use of the intellectual property in our App by you is strictly forbidden without our prior express written permission.
L. App Restrictions: Certain restrictions apply in relation to your right to access and play the App. These are as follows:
i. You may not use the App in any improper or unlawful manner or in breach of any legislation or licence that applies to you;
ii. You agree to comply with all reasonable instructions that we may give you regarding your use of the App;
iii. Any information that you provide to us is true and accurate and you will update such information when necessary;
iv. You may only claim winnings from one account created within the App. Any persons using multiple accounts within the App may not claim winnings from more than one account;
v. You are responsible for all costs associated with any device required to access and play the App including the cost of any Internet access and any software required to access the App. It is your responsibility to ensure that you comply with all third party applicable terms. You are also responsible for ensuring that no person uses your device to access the App without your permission and that you are legally entitled to own the device that you are using to access and play the App. InventBird Pvt Ltd relies on you having given permission to any other person who accesses the App using your device and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons;
vi. You will not:
1. copy, licence, sell, trade, alter, create derivative works or otherwise deal with the App;
2. use the App for any illegal activities;
3. use any bot, robot, spider or other automatic crawling device (or any manual process) to monitor or copy the App and its content;
4. use the App to disseminate any information or materials that are obscene, violent, threatening, libellous, discriminatory or otherwise, in our opinion, offensive;
5. use the App to disseminate any information or materials that would disrupt, slow down, or cause any viruses, Trojan Horses, worms, bombs, corrupted files and/or other similar destructive device;
6. use the App to disseminate any information or materials that would infringe, or might infringe, any intellectual property, including InventBird Pvt Ltd intellectual property.
4) COINS
A. Coins Terms: InventBird Pvt Ltd’s in-app service enabling you to acquire and use Coins is subject to the following terms:
i. subject to paragraph 4(b)(vi), Coins are not redeemable and not refundable (i.e. ‘use them or lose them);
ii. any Coin balance shown in-App or within your Apple Account or through another Platform Provider or online App wallet, does not constitute a real-world balance or reflect any stored value that you can cash-out of the App for ‘real’ money, unless and until the threshold for a Reward is reached – it simply measures the extent of your limited licence to hold those Coins until a Reward can be obtained;
iii. Coins are personal to you and non-transferable i.e. only you can use them and you cannot gift, sell, license, redeem, assign, transfer or otherwise dispose of them to any other person;
iv. your right to use Coins ends if Apple or any other Platform Provider suspends or closes your Apple Account or your account on other platforms pursuant to these Terms, the Platform Terms and/or the Apple Terms (as applicable) or if we close or suspend your account with us;
v. your right to use Coins expires after 90 continuous days of App inactivity following the date on which you earned the Coins unless we decide, in our sole discretion, to provide you with a refund or applicable law entitles you to a refund for any unused Coins; and
vi. you may redeem your Coins for a Reward in accordance with paragraph 3(i) above.
C. Errors and Mistakes: You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to mobile application software and the operation of the App. If you become aware that the operation of the App contains any error, or is incomplete, please notify us by e-mail to [email protected] You undertake to refrain from taking any advantage whatsoever, either knowingly or otherwise, of that error or incompleteness and we reserve the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery.
5) IN-APP ADVERTS AND THIRD PARTY WEBSITES
A. InventBird Pvt Ltd generates revenue by advertising goods and/or services of third parties within the App including by serving ads that you might see and respond to when using the App. For example, a suggestion of another mobile application you might want to use/play.
B. Certain links, including hypertext links, from the App may take you outside the App and even the platform it is played on. This includes when you respond to an ad suggesting another app to use or play as outlined in paragraph 5(a) above. This does not imply endorsement by InventBird Pvt Ltd of the linked site, its operator or its content. You acknowledge that InventBird Pvt Ltd does not control the content on such websites and InventBird Pvt Ltd does not guarantee the accuracy, integrity or quality of such content. Such sites may be governed by their own terms and privacy and cookies policies which we recommend you read carefully. You access such sites at your own risk.
6) REPRESENTATIONS AND WARRANTIES IN RELATION TO THE APP AND SERVICES
A. InventBird Pvt Ltd WILL EXERCISE ALL REASONABLE SKILL AND CARE IN MAKING THE APP AVAILABLE TO YOU . HOWEVER, InventBird Pvt Ltd IS NOT ABLE TO GUARANTEE THE AVAILABILITY OF THE APP OR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT, MATERIALS OR INFORMATION IN THE APP (OR PROVIDED AS PART OF THE APP) THAT DERIVES FROM THIRD PARTIES (INCLUDING ANY OF OUR LICENSORS OR THIRD PARTY PARTNERS).
B. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE APP AND ALL MATERIALS AND INFORMATION PROVIDED THROUGH THE APP IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY GUARANTEE OF ANY KIND AND ANY CONDITIONS, STATEMENTS AND WARRANTIES (INCLUDING ANY WARRANTY OF RELIABILITY, COMPLETENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) ARE EXCLUDED TO THE FULLEST AMOUNT PERMISSIBLE BY LAW.
C. WITHOUT LIMITING THE FOREGOING, InventBird Pvt Ltd DOES NOT GUARANTEE AND DOES NOT PROMISE THAT THE APP AND ALL APP MATERIALS AND INFORMATION PROVIDED THROUGH IT WILL LIVE UP TO YOUR EXPECTATIONS.
7) LIMITATIONS OF LIABILITY
A. NOTHING IN THESE TERMS OF SERVICE SHALL OPERATE TO EXCLUDE OR RESTRICT OUR LIABILITY THAT WE CANNOT EXCLUDE OR LIMIT UNDER APPLICABLE LAW.
B. THE EXPRESS TERMS OF THESE TERMS ARE IN PLACE OF ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS WHICH, BUT FOR THESE TERMS, WOULD BE IMPLIED OR INCORPORATED BY ANY COLLATERAL AGREEMENT, STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
C. SUBJECT TO PARAGRAPH 7(A), WE SHALL NOT BE LIABLE TO YOU FOR, FOR EXAMPLE:
I. ANY LOSSES ARISING OUT OF YOUR USE OF THE APP (INCLUDING ANY USE OF ANY PRIZE, CASHOUT AND/OR REWARD), ANY WEBSITES LINKED TO IT AND ANY USE OF THE APP OR CONTENT WITHIN IT ARISING AS A RESULT OF:
1. ANY TECHNICAL, FACTUAL, TEXTUAL OR TYPOGRAPHICAL INACCURACIES, ERRORS OR OMISSIONS (HUMAN OR COMPUTER-GENERATED) ON OR RELATING TO THE APP OR ANY INFORMATION PROVIDED IN RELATION TO THE APP;
2. THE UNAVAILABILITY OF THE APP (OR ANY PART OF IT);
3. LOSS OF CONTENT OR DATA (INCLUDING, FOR EXAMPLE, LOSS OF Coins AND/OR A WINNING SLOT AND/OR LOSS OF Coins AND/OR CASH RESULTING FROM APP INACTIVITY OVER ANY CONTINUOUS 90 DAY PERIOD);
4. ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF LINKS TO WEBSITES AND RESOURCES PROVIDED BY THIRD PARTIES, THESE LINKS ARE PROVIDED FOR YOUR INFORMATION ONLY AND USED AT YOUR OWN RISK;
5. ANY LOSS INCURRED AS A RESULT OF ANY LEGAL CLAIM OR REGULATORY ACTION ARISING FROM YOUR ACTIVITIES WHEN USING THE APP WHICH INFRINGES THIRD PARTY INTELLECTUAL PROPERTY OR BREACHING APPLICABLE LAW;
6. ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR IDENTITY, LOG-IN DETAILS, PASSWORD OR ACCOUNT, WITH OR WITHOUT YOUR KNOWLEDGE, INCLUDING IF A DEVICE USED TO ACTIVATE YOUR ACCOUNT IS STOLEN;
7. ANY LOSS THAT YOU MAY SUFFER AS A RESULT OF ANY CHANGES TO PRIZES AND/OR REWARDS, OR ANY FAILURE BY OUR THIRD PARTY SUPPLIERS TO DISPATCH SUCH PRIZES AND/OR REWARDS;
8. ANY LOSS OR DAMAGE THAT MAY ARISE AS A RESULT OF ACTIONS BY OUR THIRD PARTY ADVERTISING PARTNERS;
II. LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT ANY DEVICE YOU USE TO USE THE APP; OR
III. ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHETHER FORESEEABLE, KNOWN, FORESEEN OR OTHERWISE AND HOWEVER ARISING AND CAUSED.
D. IN THE EVENT OF ANY LOSS OR DAMAGE TO CONTENT (INCLUDING DATA), YOUR SOLE REMEDY SHALL BE FOR US TO USE OUR REASONABLE ENDEAVOURS TO RESTORE THE LOST OR DAMAGED DATA OR CONTENT FROM THE LATEST BACK-UP MAINTAINED BY US.
E. NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS, OUR MAXIMUM AGGREGATE LIABILITY TO YOU IN RESPECT OF YOUR USE OF THE APP SHALL BE $10.
8) TERMINATION
A. We may remove the App from the Apple App Store or any other platform on which we make the App available or cease providing or change any of the App’s features (including contest, slots, Prizes and/or Rewards, as well as the thresholds for any Cashout or to redeem any Reward) at any time in our absolute discretion for any reason whatsoever. If we do so, the Apple App Store and any other platform on which we make the App available should enable you to continue to play the version of the App you downloaded and to use, subject to these Terms, any coins you have acquired but have yet to use.
B. We may in our absolute discretion:
i. with immediate effect and for any reason, at any time, terminate or suspend your use of the App including if we suspect fraudulent activity or if we cease to offer the App for commercial or regulatory reasons; ii. verify your information by requesting certain documents and refuse your requests to play the App if we believe there is reason to do so; iii. take any steps (for example, technical or legal steps) to terminate or suspend your use of the App if we believe you have failed to comply with any of the provisions of these Terms; and iv. if we decide to terminate, suspend or refuse to accept your account, we may share or publish your name and email address and notify third parties (including Apple and/or any other applicable Platform Provider). If your use of the App is terminated because you have done something wrong (such as breach any of these Terms) then any unclaimed Prizes, Cashouts and/or Rewards will be lost. If your use of the App is terminated because of our own decision then (subject to any regulatory prohibitions and you providing evidence of the same) you will be able to claim any unclaimed Prizes, Cashouts and/or Rewards within 30 days of termination after which time they will be lost. C. You may uninstall the App from your device at any time. If you do so, however, you will lose all accumulated Coins, Prizes and/or Cash collected by you as of the date of such de-installation. If you want your data wiped at any time then you can e-mail us at [email protected] with such request and we will action it accordingly.
9) GENERAL
A. Waiver: Any failure or delay by us to enforce any of our rights under these Terms will not be taken as or deemed to be us giving up such right. B. Third Parties: These Terms are not intended to be for the benefit of, and will not be exercisable by, any person other than you and InventBird Pvt Ltd except for Apple and its subsidiaries who shall have the right to take action against you for any breach of these Terms. C. Severability: If any part of these Terms are deemed to be illegal, invalid or unenforceable then that part shall to that extent be deemed not to form part of these Terms and the enforceability and validity of the remainder of these Terms shall not be affected. D. Rights and obligations: We may assign our rights and/or transfer our obligations under this contract with you to any third party including the ability to sub-license and/or sub-contract our rights and obligations under these Terms to any third party. E. Entire agreement: These Terms and PP set the full extent of our obligations and liabilities concerning the App and replace any previous agreements and understandings between us. F. The Courts of Hyderabad, Telangana, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the services offered by the InventBird Pvt Ltd or the agreement or arrangement between the InventBird Pvt Ltd and the Customer. All claims and disputes arising under this Terms and Conditions should be notified to the InventBird Pvt Ltd Ltd within 30 days from the event date after which no You shall have any claim against the InventBird Pvt Ltd.