The following terms of service constitute a binding legal agreement (the “Agreement”) between You and TingTongs Solution Pvt Ltd. (hereinafter referred to as “Tingtongs” / “we”/ “us”), (which expression shall include its successors and assigns), setting forth the terms and conditions (“Terms”) under which the Tingtongs Messenger (the “Application”) and other related services such as Tingtongs Caller (collectively “Services”) will be licensed to You by Tingtongs.

By accessing, downloading, installing the Application, and using the Services, You represent to Tingtongs that You are competent to enter into a contract (i.e. You are 18 years of age, have a sound mind and are not disqualified from entering into a contract under the applicable law) and You have read this Agreement, understand it and agree to be bound by its Terms. Please review the Agreement carefully before accessing, downloading and installation.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

1. The Application: Tingtongs Messenger Service

The Services are currently made available to You by Tingtongs free of any charge. The Application is a P2P messaging service that allows users to send messages, share files, including but not limited to photos, videos, songs, etc. over the internet. Tingtongs reserves the right to suspend or withdraw this Application, at any time, without notice.

You acknowledge and agree that you will have to provide Tingtongs Your mobile phone number. You expressly acknowledge, agree and understand that in order to provide Services , Tingtongs, may from time to time, access Your contact list and/or address book on Your mobile device to collect, use Your contact list or address book in accordance with the Privacy Policy. Further, you permit information contained in Your contact list and/or address book to be shared with other users of the Service for the Tingtongs Caller service. By permitting us to collect information regarding Your contacts in Your address book, you hereby agree to provide Tingtongs a right to use such information for providing Services and also warrant that you have all requisite rights in your favour to share this information with Tingtongs. To ensure a better user experience, Tingtongs may also at times, access names stored in Your address book to ensure any incoming messages and push notifications via the SMS feature have a name associated with them for a superior user experience. For instance, if Tingtongs cannot access names on Your address book, when a non- Tingtongs user responds to a SMS sent from Tingtongs, the incoming reply will show the non- Tingtongs users number and not the name. By using the Services, you have given us permission to contact you via SMS and/or other communication mediums. In the event you delete your account, you will no longer receive any communication which is initiated/triggered by Tingtongs.

Similarly, when You invite Your contacts and or send messages to Your contacts, the invite/message to Your contacts may appear as an SMS/message from Your name/the mobile number you have registered with. When You invite Your contacts and or send messages to Your contacts, the invite/message to Your contacts may appear as an SMS/message from Your name/the mobile number you have registered with or as saved in the recipient’s mobile address book. Please ensure that You do not spam any subscriber. In the event You spam any subscriber, You will be liable under applicable laws. Tingtongs hereby excludes, to the fullest extent permitted by law, any and all liability which may arise from your sending messages/invites to other subscribers, including but not limited to, any action or claim regarding spamming.

You agree to notify Tingtongs immediately of any breach of security or unauthorized use of Your mobile phone. Tingtongs shall not be liable for Your losses caused by any unauthorized use of Your account, You shall be liable for the losses of Tingtongs or others due to any such unauthorized use.

2. License

Subject to the Terms and compliance of the Terms hereof Tingtongs shall grant You a license to use the Services provided that (a) You shall use the Application solely for Your personal and lawful use only; (b) You will not, nor allow third parties on Your behalf (i) to resell or charge others for use of the Application (ii) to duplicate, disassemble, decompile, transfer, exchange or translate the Application, create derivative works of the Application of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the Application; and (c) You warrant to otherwise comply with the terms and conditions of this Agreement (the “License”).

For avoidance of any doubt this License is personal, nonexclusive, nontransferable, non-sub licensable, revocable and a limited license to download and use the Application on a mobile device that You own or control.