SardineAI Corp. (“SardineAI,” “we,” or “us”) offers users (“users” or “you”) access to the SardineShield app and related scam and fraud detection services (collectively, the “Services”). These Terms of Service (these “Terms”) govern your access to and use of the Services.
By ticking the “I agree” checkbox and/or otherwise using the Services, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree with any part of these Terms, please do not use the Services or provide personal information to us.
Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into these Terms.
2. GRANT OF RIGHTS
Subject to your compliance with these Terms at all times, SardineAI grants you a personal, non-exclusive, non-transferable, and limited right to use the Services for your own personal, non-commercial use. Please note that availability of Service features (whether paid or free) may vary depending on your operating system (i.e. whether you are using an iOS or Android device), your location, and/or your mobile carrier.
You are not allowed to use the Services on any device that you do not own or control. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the SardineShield app, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent expressly permitted by these Terms or may be permitted by the licensing terms governing use of any open source components included in the SardineAI software applications).
You are not granted any right to use SardineAI’s name, trademarks, or other commercial symbols. All rights not expressly granted to you under these Terms shall be retained by SardineAI.
3. SUPPORT
SardineAI may provide technical support, upgrades, and updates for the Services. SardineAI shall, however, not be under any obligation to provide support or maintenance for the Services under these Terms and reserves the right to limit or discontinue the support, upgrades, and updates provided from time to time.
4. USER OBLIGATIONS AND RESTRICTIONS
You guarantee that any information and other content, such as your profile information, your feedback (including any voluntary labelling of communications), and information regarding the contacts contained in your device’s phone book, that you may share with SardineAI as a user of the Services (together “Content”), to the best of your knowledge, is correct, not in violation of applicable law, will not corrupt or disrupt the Services, and that you have the right to share the Content with SardineAI in order for SardineAI to provide the Services.
You shall not make any commercial use of the Services or the Content, or otherwise transfer for value the Services or the Content. You agree not to challenge SardineAI's rights in, or otherwise attempt to assert any rights in, the Services, and you agree to use the Services and Content only as expressly permitted under these Terms.
You agree not to use the Services, Content or information to attempt to circumvent the regular operation of the Services, or reduce the fees or consideration (where applicable) that we may derive from the Services by any means including by creating multiple accounts, redirecting traffic, following other fraudulent or deceptive practices, creating a parallel repository thereof, or seeking to bypass the Services or compete with us. Furthermore, you may not circumvent, bypass, avoid or breach any geographical restrictions on the Services, websites and applications, or any other legal, contractual or technical restrictions applying to your online activity and use of the Services.
Scraping of any information contained in the Services, by use of automated systems or software to extract data, including any Content and any third-party information accessible via the Services, is strictly prohibited.
You agree not to use the voluntary labelling or reporting features of the Services (where applicable) to make false, malicious, or misleading reports against other individuals, businesses, or entities.
SardineAI is under no obligation to verify, investigate, or take action based on any voluntary labelling, reporting, or feedback submitted by users.
You may not use the Services or the Content in any way which is illegal, harmful, or may be considered offensive by SardineAI, other users or third parties. You agree not to exploit the Services or the Content in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity. You further agree not to use our Services or Content in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party. Notwithstanding any other remedies available to SardineAI, you agree that SardineAI may suspend or terminate your use of the Services without notice if you use the Services or the Content in any prohibited manner, and that such use will be deemed a material breach of these Terms.
In as much as any of the Content is protected by intellectual property rights, you hereby provide SardineAI a perpetual, transferable, sub-licensable, irrevocable, royalty-free, worldwide right to use such Content in relation to providing and improving the Services, in consideration of the mutual rights and obligations contained in these Terms. Notwithstanding anything under Indian copyright laws, such right to use shall not lapse, nor revert to you, even if Sardine AI does not exercise such rights within a period of 1 (one) year from the date of receiving such right. You further acknowledge and agree that you shall not raise any objection or claims with respect to the aforesaid right to use.
5. PROPRIETARY RIGHTS
The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. SardineAI and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including, without limitation, copyrights, trademarks, trade names, database rights, and patents. You are granted only a limited right to use the Services subject to these Terms, and no intellectual property rights are or will be deemed to be transferred or licensed to you except as contemplated herein.
6. CONTENT
You are solely liable for any Content that you post or communicate directly in or on the Services and you agree to only provide, post or communicate Content that:
- is true and not false or misleading, and does not deceive or mislead the addressee about the origin of the Content, or impersonate another person;
- is not likely to be deemed threatening, disparaging, defamatory, pornographic, pedophilic, racially or ethnically offensive or objectionable, discriminatory, insulting or harassing on the basis of gender, slanderous, promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, obscene, harmful to a child, or otherwise illegal or inappropriate;
- does not threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, and does not cause incitement to the commission of any cognisable offence, or prevent investigation of any offence, and is not insulting to another nation;
- belongs to you, or which you have a right to distribute;
- does not constitute an infringement of the intellectual property rights and other proprietary rights, and not invasive of the privacy rights (including bodily privacy), of any third party;
- does not constitute information that you are not legally entitled to distribute (such as insider information or confidential information); and
- does not contain software virus or any other computer code, file, program, or technology that may interrupt, destroy, limit, or harm the Services, the interests or property of our Services, or the other users of the Services.
7. THIRD-PARTY CONTENT
The Services may contain links to external content provided by third party websites and services. Such third-party content, websites and services may be subject to the respective third-party terms and conditions and SardineAI will not be liable for any such third-party content, websites, or services.
8. DISCLAIMER OF WARRANTIES
TOTHE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SARDINEAI MAKES NOWARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED WITH RESPECT TOTHE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.THE SERVICES ARE PROVIDED “AS IS” AND YOU AGREE THAT THE SERVICESARE USED AT YOUR OWN RISK.
You understand and acknowledge that the Services may be unavailable from time to time and that SardineAI will not be liable for your inability to use the Services for whatever reason.
SardineAI makes no warranty or representation that the Services are available for use in any particular location. To the extent you choose to access and use the Services, you do so at your own initiative, and are responsible for compliance with any applicable laws in connection with such access and use of the Services.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT SARDINEAI SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, REMOTE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, even if advised of the possibility of such damages. In particular, and without limitation, SardineAI shall have no liability for any information stored or processed within the Services, including the costs of recovering such information. Your only right or remedy with respect to any problems or dissatisfaction with the Services, is to uninstall the SardineAI applications and cease to use the Services.
SARDINEAI SHALL NOT BE LIABLE FOR THE VALIDITY, RELIABILITY, OR CORRECTNESS OF THE CONTENT AND INFORMATION PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES (INCLUDING ANY VOLUNTARY LABELLING OF CONTENT BY USERS). ANY USE OF THE CONTENT AND INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND IS NOT INTENDED TO REPLACE A USER’S OWN JUDGMENT AND DILIGENCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNWOLEDGE AND AGREE THAT THERE IS NO GUARANTEE THE SARDINESHIELD APP WILL DETECT OR PREVENT SCAMS OR FRAUD, OR THAT MESSAGES, CALLS, AND ANY OTHER CONTENT IDENTIFIED AS POTENTIALLY FRAUDULENT BY THE SARDINESHIELD APP ARE ACTUALLY FRAUDULENT.
Nothing in these Terms shall limit or exclude any liability that mandatorily cannot be limited or excluded by law, including any rights you may have as a consumer under mandatory consumer law, where applicable.
10. FEES
SardineAI may offer certain features or Services for which a fee will be payable (“Paid Services”) in the future. Your purchase of the Paid Services may be subject to foreign exchange fees or differences in prices based on location. If you purchase or subscribe to such Paid Services, you agree to pay us the applicable fees (“SardineAI Fees”) and taxes in accordance with the applicable third-party’s payment and billing terms, based on the platform you are using, which are incorporated herein by reference. You will be charged the applicable fees and taxes during the subscription period, unless you cancel the Paid Service, in which case you agree to still pay these fees through the end of the applicable subscription period. We may change the SardineAI Fees from time to time by posting the changes in or on the Services, or by notifying you in advance. All fees are, except as otherwise expressly provided herein, or as required by applicable law, non-refundable. Failure to pay these fees may result in suspension or termination of your Service or subscription.
You acknowledge that you are fully responsible for the Internet connection and/or mobile charges that you may incur for using our Services. Please consult your carrier, mobile operator, etc. for further information.
11. TERMINATION
Your right to use the Services continues until these Terms are terminated. SardineAI may terminate the Terms and your use of the Services at any time by written notice to you. You may terminate the Terms at any time by uninstalling the SardineShield app and ceasing the use of the Services. These Terms will automatically terminate if you fail to comply with them. Upon any termination, you agree to cease using the Services. Upon termination by you, or by SardineAI due to your breach of these Terms, you will not be refunded any SardineAI Fees. Upon termination by SardineAI without cause, you will be refunded any unused prepaid fees upon your written request, provided a receipt of such fees and a clear payment instruction are included in your request.
Provisions of sections Disclaimer of Warranties, Limitation of Liability, Termination, and Governing Law and Jurisdiction shall survive any termination of these Terms.
12. ASSIGNMENT
SardineAI reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.
13. CHANGES
SardineAI may change the Services at any time, such as by adding or removing features, or discontinuing the Services. SardineAI also reserves the right to modify these Terms at any time by providing revised Terms to the user, or by publishing the revised Terms within the Services. In case of material changes, the user shall always be notified thereof and provided the option to immediately terminate the Services and your consent will be taken where required by law. If you choose to terminate the Services, you will be refunded any unused prepaid fees upon your written request, provided a receipt of such fees and a clear payment instruction are included in your request. The revised Terms shall become effective upon such publishing or notification to the user. Any continued use by you of the Services following publication or notification of revised Terms shall constitute your acceptance to the revised Terms, to the extent permitted by law.
14. COMMUNICATIONS
We may send you communication alerts (including marketing and promotional content regarding the Services) via emails or SMS or push notifications or via other technology from time to time, using the contact information you may have provided during onboarding. We may also use third party service providers to send alerts or communicate with you.
You hereby consent to us sending commercial communications (including promotional and marketing communications) in relation to SardineAI offerings and authorize SardineAI and any other third-party entities on its behalf to override the do not disturb settings/preference/facility to reach out to you over calls, SMS, emails and any other mode of communication for this purpose. To the extent permitted under applicable law, you may opt out of marketing, promotional or other commercial communications at any time by writing to us using the grievance redressal mechanism below.
15. GRIEVANCE REDRESSAL
For any grievances, queries, or concerns in relation to the Services or the Terms, please contact our grievance officer, whose contact details are provided below:
SardineAI Corp.
Attn: Legal Department
382 NE 191st St, #58243
Miami, Florida
33179-3899
privacy@sardine.ai
16. GOVERNING LAW AND JURISDICTION
These Terms shall be governed and construed in accordance with the laws of India. You agree that any legal action or proceedings may be brought exclusively in the competent courts/tribunals having jurisdiction in New Delhi, India, and both SardineAI and you irrevocably submit to the jurisdiction of such courts/tribunals.
17. LANGUAGE
We can communicate with you in English. If you require another language, we will do our best to accommodate or provide translation, especially for requests from India where translated versions of these Terms may be made available upon a user’s request.
