PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT” OR “TERMS”) CAREFULLY. THIS IS A LEGALLY BINDING INSTRUMENT.
This Agreement governs your access to and use of the "Swaraj" mobile application (the “App”) and any related services (collectively, the “Services”) provided by Anicca Labs Pvt. Ltd., a company incorporated under the laws of India, having its registered office at Koramangala 5th Block, Bangalore, Karnataka (hereinafter referred to as the “Company,” “We,” “Us,” or “Our”).
By downloading, installing, accessing, or otherwise using the App, You (“You,” “User”) (i) acknowledge that You have read, understood, and agree to be bound by all terms and conditions set forth in this Agreement, including Our Privacy Policy (available at [Insert Link]), which is incorporated herein by reference; and (ii) represent and warrant that You are of legal age to form a binding contract and are not a person barred from receiving services under the applicable laws of India.
If You do not agree to all terms of this Agreement, You must not access or use the App or Services.
1. THE SERVICES
The App provides a dual-function platform:
A. "Sparks" (Content Aggregation): The App displays brief, transformative summaries (60 words or less) of news and other content (“Sparks”) from various third-party publishers and social media sources (“Third-Party Content”). These Sparks are intended to serve as informational snapshots and conversation starters. The App facilitates access to the original, full-length Third-Party Content, which may open within an in-app browser or bottom-sheet, thereby directing traffic to the original publisher. The Company does not own, create, or endorse the Third-Party Content.
B. "Voices" (Civic Reporting): The App provides a civic accountability feature allowing Users to post, upload, and share information, text, and media regarding public infrastructure issues (“Voices” or “User-Generated Content”) within specific, predefined categories (e.g., 'Roads & Transport', 'Water Supply', 'Waste Management', etc.).
2. DISCLAIMER OF CIVIC ACCOUNTABILITY
You expressly acknowledge and agree that the "Voices" feature is provided solely as a data aggregation and public transparency tool.
A. No Government Affiliation: The Company and the Swaraj App are not affiliated, associated, authorized, endorsed by, or in any way officially connected with any municipal, state, or central government body, agency, or department.
B. No Guarantee of Resolution: The Company makes no representation, warranty, or guarantee, express or implied, that any "Voice" submitted, shared, or displayed will be viewed, acknowledged, or acted upon by any government official, authority, or any other entity.
C. Informational Purpose Only: The platform is intended to use data to foster transparency. We are not a grievance redressal mechanism and do not claim to resolve or facilitate the resolution of any issues posted. The service is provided on an "as-is" basis, "built by citizens who care for citizens who care," without any promise of efficacy.
D. No Agency or Representation: Nothing in this App or the Services shall be construed as representing or implying any partnership, agency, or official association with any government body, media entity, or public institution. The Company operates purely as a neutral technology intermediary, enabling the exchange of publicly available and user-submitted information.
3. USER-GENERATED CONTENT ("VOICES")
A. User Responsibility: You are solely and exclusively responsible for all User-Generated Content You post. You represent and warrant that You own or have all necessary rights, licenses, and permissions to submit your "Voices" and that your "Voices" do not infringe upon or violate the rights of any third party (including intellectual property, privacy, or publicity rights) or any applicable law.
B. License Grant to Company: By posting a "Voice," You grant the Company a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, display, modify, adapt, publish, and perform the "Voice" in connection with the Services and the Company's (and its successors' and affiliates') business, including without limitation for promoting the App and redistributing the data for transparency initiatives, in any media formats and through any media channels now known or hereafter developed, without any compensation to You.
C. Prohibited Content: You agree not to post "Voices" that are defamatory, obscene, pornographic, libelous, invasive of privacy, hateful, racially or ethnically offensive, or otherwise illegal or contrary to public policy.
D. Right to Remove: The Company reserves the right, in its sole discretion, to remove, edit, or refuse to post any "Voice" for any reason or no reason, without prior notice.
E. Platform Neutrality: The Company functions solely as a hosting and facilitation service for User-Generated Content. The Company neither initiates the transmission nor selects the receiver of any communication nor modifies the information contained in such transmission. Accordingly, the Company shall not be held liable for any claims arising out of User-Generated Content under Section 79 of the Information Technology Act, 2000.
4. THIRD-PARTY CONTENT AND LINKS ("SPARKS")
A. No Ownership: The Company does not claim ownership of any Third-Party Content. We provide summaries under the principles of fair use, with the intent to provide a snapshot and drive traffic to the original publisher. All intellectual property rights in the original, full-length content remain with their respective owners.
B. No Endorsement or Liability: The App may contain links to third-party websites or resources. You acknowledge that the Company is not responsible or liable for: (i) the availability, accuracy, or veracity of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. The inclusion of any link does not imply endorsement by the Company. You assume all risk arising from your use of any such websites or resources.
C. Dealings with Third Parties: Your correspondence or business dealings with, or participation in promotions of, third-party publishers or advertisers found on or through the App are solely between You and such third party. We will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
D. Publisher Rights: The Company expressly disclaims any intent to compete with, replace, or misrepresent the original publishers of Third-Party Content. Sparks are limited to brief factual or transformative summaries under principles of fair dealing and are accompanied by links redirecting Users to the original source, ensuring that the original publisher retains full traffic, credit, and ownership.
5. INTELLECTUAL PROPERTY RIGHTS
Excluding your "Voices" (subject to the license You grant Us) and Third-Party Content, all right, title, and interest in and to the Services and the App, including all underlying software, code, technology, and all visual interfaces, graphics, design, compilation, information, and all other elements (collectively, the “Company Materials”) are the exclusive property of Anicca Labs Pvt. Ltd. and its licensors, protected by copyright, trademark, and other laws of India.
6. TERMINATION
We may, in Our sole discretion, suspend or terminate your access to or use of the App and Services, at any time, for any reason or no reason, with or without notice, including for a violation of this Agreement. Upon termination, all licenses and rights granted to You in this Agreement will immediately cease.
7. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Anicca Labs Pvt. Ltd. and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from (i) your access to or use of the App; (ii) your User-Generated Content ("Voices"); (iii) your violation of this Agreement; or (iv) your violation of any applicable law or the rights of any third party.
8. DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL CONTENT, INFORMATION, AND MATERIALS PROVIDED VIA THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IM KPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY, ON BEHALF OF ITSELF AND ITS AFFILIATES AND LICENSORS, DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT (I) THE FUNCTIONS CONTAINED IN THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, (II) THAT DEFECTS WILL BE CORRECTED, (III) THAT THE APP OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THE ACCURACY, VERACITY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION, INCLUDING "SPARKS" OR "VOICES."
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL ANICCA LABS PVT. LTD., ITS DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE APP OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL ANY GOVERNMENT BODY, PUBLIC AUTHORITY, OR REGULATORY ENTITY BE DEEMED A PARTY TO OR LIABLE UNDER THIS AGREEMENT. THE COMPANY DOES NOT REPRESENT, ACT FOR, OR COMMUNICATE ON BEHALF OF ANY SUCH ENTITY.
10. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
Any dispute, claim, or controversy arising out of or relating to this Agreement shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed by the Company. The seat of the arbitration shall be Bengaluru, Karnataka, India. The language of the arbitration shall be English.
Subject to the foregoing, You agree to submit to the exclusive personal jurisdiction of the courts located in Bengaluru, Karnataka, India for the purpose of litigating all such claims or disputes.
11. NOTICES
The Company may post notices within the App or send You notices to the e-mail address or telephone number registered with Us. You will be deemed to have received such notices within 3 (three) days of Us sending the notice. Your continued use of the App after the expiry of such 3 (three) days shall constitute your receipt and acceptance of the notices.
12. MODIFICATIONS TO AGREEMENT
We reserve the right, in Our sole discretion, to modify or replace this Agreement at any time. We will provide notice of modifications as described in Section 11. By continuing to access or use the App after such modifications become effective, You agree to be bound by the revised Agreement.
13. GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Vaibav Keshari Email: theteam@aniccalabs.com Address: 19, KHB Colony, Industrial Area, 5th Block, Koramangala, Bengaluru, Karnataka 560095
For any concerns, queries, or grievances relating to your use of the App, please contact the Grievance Officer.
14. MISCELLANEOUS
This Agreement constitutes the entire agreement between You and the Company. If any provision is found to be unenforceable, the remaining provisions shall remain in full force. The failure of the Company to enforce any right or provision will not be deemed a waiver.