Effective: October 17th, 2020
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the soyich.com website and all associated sites linked to soyich.com, or the Soyich mobile application or any similar platform (hereinafter collectively, the Soyich Platform run by VPR Marksoft Solutions Pvt Ltd, having its registered office at A-3 Meenal Apartments , Nal Stop Karve Road , Pune 411004 (hereinafter collectively, Soyich or VPR Marksoft Solutions Pvt Ltd.) We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: these Terms do indeed form a legally binding contract between you and VPR Marksoft Solutions Pvt Limited. So please read them carefully.
In order to use Soyich, or any of our other products or services that link to these Terms (we refer to these collectively as the “Services”), you must have accepted our Terms and Privacy Policy, which are presented to you (i) when you first open the app and (ii) when we make any material changes to the Terms or the Privacy Policy. Of course, if you don’t accept them, then don’t use the Services.
ARBITRATION NOTICE: IF YOU’RE USING THE SERVICES ON BEHALF OF A BUSINESS, THEN YOUR BUSINESS WILL BE BOUND BY THE ARBITRATION CLAUSE THAT APPEARS LATER IN THESE TERMS.
No one under 13 years is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.
By using the Services, you state that:
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set out in these Terms and to agree to these Terms on behalf of the business or entity.
VPR Marksoft Solutions Pvt Limited grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies, such as our Community Guidelines, allow.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services. Nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
Many of our Services let you create, upload, post, push, pull, sends , receives and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the settings you have selected.
We call Story submissions that are set to be viewable by Everyone as well as content you submit to crowd-sourced Services, including Our Story, “Public Content.” For all content you submit to the Services other than Public Content, you grant VPR Marksoft Solutions Pvt Limited and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content for as long as you use the Services. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
Because Public Content is public by nature and records matters of public interest, the license you grant us for this content is broader. For Public Content, you grant VPR Marksoft Solutions Pvt Limited, and our business partners all of the same rights you grant for non-Public Content in the previous paragraph, as well as a license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform and publicly display Public Content in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send Public Content, you also grant VPR Marksoft Solutions Pvt Limited and our business partners the unrestricted, worldwide right and license to use your name, likeness, and voice. This means, among other things, that you will not be entitled to any compensation from VPR Marksoft Solutions Pvt Limited, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the Soyich application or on one of our business partners’ platforms.
For more information about how to tailor who can watch your content, please take a look at our Privacy Policy and Support Site.
We reserve the right to delete any content (i) which we think violates these Terms or our Community Guidelines, or (ii) if necessary to comply with our legal obligations. However, you alone, remain responsible for the content you create, upload, post, send, or store through the Services.
The Services may contain advertisements. In consideration for VPR Marksoft Solutions Pvt Limited letting you access and use the Services, you agree that we, and our third-party partners may place advertising on the Services, including personalized advertising based upon the information you provide us or we collect or obtain about you. Because the Services contain content that you and other users provide us, advertising may sometimes appear near, between, over, or in your content.
We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you.
Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although VPR Marksoft Solutions Pvt Limited reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, our Community Guidelines or the law, we do not necessarily review all of it.
Through these Terms and our Community Guidelines, we make clear that we don't want the Services to be put to bad uses. But because we don't review all content, we cannot guarantee that content on the Services, or that our users’ use of our Services, will always conform to our Terms or Guidelines.
Your privacy matters to us. You can learn how your information is handled when you use our Services by reading the Privacy Policy.
VPR Marksoft Solutions Pvt Limited respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
You must also respect VPR Marksoft Solutions Pvt Ltd.’s rights and adhere to the Brand Guidelines and any other brand guidelines published by VPR Marksoft Solutions Pvt Ltd. You may not do any of the following (or enable anyone else to do so).
In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
VPR Marksoft Solutions Pvt Limited honors copyright laws, including The (Indian) Copyright Act, 1957, pursuant to the amendments in 1999, 2002 and 2012. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if VPR Marksoft Solutions Pvt Limited becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please report it using the form accessible through this tool. Or you may file a notice with our designated agent:
VPR Marksoft Solutions Pvt Ltd.
Attn: Copyright Agent
A-3 Meenal Apartment,
Nal Stop Karve Road,
Pune - 411004
email: copyright@soyich.com
Don’t use this email address for anything other than reporting copyright infringement, as such emails will be ignored. To report other forms of infringement, please use the tool accessible here.
If you file a notice with our Copyright Agent, it must:
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws.
You are responsible for any activity that occurs in your Soyich account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
If you think that someone has gained access to your account, please reach out immediately to Soyich Support.
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
If you change or deactivate the mobile phone number that you used to create a Soyich account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.
If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. VPR Marksoft Solutions Pvt Limited is responsible or liable for a third party’s terms or actions taken under the third party’s terms.
We’re relentlessly improving our Services and creating new ones all the time. This means that we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we will try to notify you beforehand - but this won’t always be possible.
Though we hope you remain a lifelong Soyichter, you can terminate these Terms at any time and for any reason by deleting your account.
VPR Marksoft Solutions Pvt Limited may also terminate these Terms with you if you fail to comply with these Terms, our Community Guidelines or the law, or for any reason outside of our control. And while we’ll try to give you advance notice, we can’t guarantee it. Our right to terminate these Terms means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
Regardless of who terminates these Terms, both you and VPR Marksoft Solutions Pvt Limited continue to be bound by Sections 3, 6, 9, 10 and 12-22 of the Terms.
You agree, to the extent permitted by law, to indemnify, defend and hold harmless VPR Marksoft Solutions Pvt Limited and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
We try to keep the Services up and running and free of annoyances. But we cannot promise that we will always succeed.
The Services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, in particular implied warranties, conditions, or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course of dealing. In addition, while VPR Marksoft Solutions Pvt Limited attempts to provide a good user experience, we do not represent or warrant that: (a) the Services will always be secure, error-free or timely; (b) the Services will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the Services will be timely or accurate.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY.
VPR Marksoft Solutions Pvt Limited and their affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, pulls , pushes or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which VPR Marksoft Solutions Pvt Limited nor their affiliates will be responsible for.
Nothing in these Terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.
VPR Marksoft Solutions Pvt Limited and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the Services or inability to use the Services; (b) your access to or inability to access the Services; (c) the conduct or content of other users or third parties on or through the Services; or (d) unauthorized access, use or alteration of your content. In no event will VPR Marksoft Solutions Pvt Limited, VPR Marksoft Solutions Pvt Ltd. or their affiliates’ aggregate liability for all claims relating to the Services exceed the greater of Rs.10,000 or the amount you paid VPR Marksoft Solutions Pvt Limited in the last 12 months for any paid Services.
Nothing in these Terms (or for the avoidance of doubt any other terms to which you are subject in respect of the provision of Services by VPR Marksoft Solutions Pvt Limited or its affiliates) shall exclude or limit VPR Marksoft Solutions Pvt Limited’s or its affiliates’ liability for: a) death or personal injury arising from their own respective intent or negligence; b) fraud or fraudulent misrepresentation; or c) any other liability to the extent that such liability may not be excluded or limited as a matter of law.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY.
If you have a concern, let’s talk. Go ahead and contact us first and we’ll do our best to resolve the issue.
Some of our Services may have additional terms that contain dispute-resolution provisions unique to that Service or your residency.
If you are using the Services on behalf of a business (rather than for your personal use), you and VPR Marksoft Solutions Pvt Limited agree that to the extent permitted by law, all claims and disputes between us arising out of or relating to these Terms or the use of the Services will be finally settled under the Indian Arbitration & Conciliation Act, 1996(the Act), which are incorporated by reference into this clause. There will be sole arbitrator (to be appointed by the Act), the arbitration will take place in Pune, and the arbitration will be conducted in English. If you do not wish to agree to this clause, you must not use the Services.
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and VPR Marksoft Solutions Pvt Limited agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of Pune , Maharashtra in India , unless this is prohibited by the laws of the country where you reside. You and VPR Marksoft Solutions Pvt Limited consent to the exclusive jurisdiction of those courts.
The laws of India govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of India to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be presented to you before you access the relevant Services, then become part of your agreement with us when you accept them. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
VPR Marksoft Solutions Pvt Limited welcomes comments, questions, concerns, or suggestions. You can contact us or get support by using this online form.
