Window AI Terms of Service

Effective Date: [September 01, 2024]

About Our Services
Registration
Privacy Policy And User Data
Acceptable Use Of Our Services
Third-Party Services
Licenses
Reporting Third-Party Copyright, Trademark, And Other Intellectual Property Infringement
Disclaimers And Release
Limitation Of Liability
Indemnification
Dispute Resolution
Availability And Termination Of Our Services
Other
Special Arbitration Provision For United States Or Canada Users
Accessing TheWindow's Terms In Different Languages
Contact Us

1. About Our Services

TheWindow ("TheWindow," "our," "we," or "us") provides the services described below ("Services") to you ("User" or "you") under these Terms of Service ("Terms"). By accessing or using our Services, you agree to be bound by these Terms.

a. Privacy And Security Principles

Since we started TheWindow, we've built our Services with strong privacy and security principles in mind.

b. Connecting You With Other People

We provide and continuously improve ways for you to communicate with other TheWindow users, including through messages, voice and video calls, sending images and videos, sharing your status, and sharing your location with others when you choose.

c. Ways To Improve Our Services

We analyze how you use TheWindow to improve our Services, including helping businesses that use TheWindow measure the effectiveness and distribution of their services and messages.

d. Communicating With Businesses

We provide and strive to improve ways for you and businesses or other organizations to communicate using our Services, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing.

e. Safety, Security, And Integrity

We work to protect the safety, security, and integrity of our Services by addressing abusive behavior and activity that violates our Terms. This includes removing such users or activity and, when necessary, contacting law enforcement.

f. Enabling Access To Our Services

To operate our global Services, we store and distribute content and information in data centers and systems worldwide, including outside your country of residence. This infrastructure may be owned or operated by our service providers, including affiliated companies.

2. Registration

Accurate Information: You must register for our Services using accurate information, provide your current mobile phone number, and update it if it changes using our in-app change number feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.
Address Book: You can use the contact upload feature and provide us, if permitted by applicable laws, with the phone numbers in your mobile address book regularly, including those of both TheWindow users and your other contacts. Learn more about our contact upload feature.
Age Requirement: You must be at least 13 years old to register for and use our Services (or the greater age required in your country or territory to use our Services without parental approval). If you are not old enough to agree to these Terms, your parent or guardian must agree on your behalf.
Devices And Software: You must provide certain devices, software, and data connections to use our Services, which we do not supply. By using our Services, you consent to manually or automatically download and install updates. You also consent to receiving notifications via our Services as necessary to provide our Services to you.
Fees And Taxes: You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.

3. Privacy Policy And User Data

Our Privacy Policy describes our data practices, including the types of information we collect, how we use and share that information, and your rights regarding your data.

4. Acceptable Use Of Our Services

a. Our Terms And Policies

You must use our Services according to our Terms and posted policies. Violations may result in actions against your account, including disabling or suspending it. You agree not to create another account without our permission if your account is disabled or suspended.

b. Legal And Acceptable Use

You must access and use our Services only for legal, authorized, and acceptable purposes. Prohibited activities include, but are not limited to:

Violating or infringing the rights of TheWindow, our users, or others.
Engaging in illegal, obscene, defamatory, threatening, or harassing behavior.
Publishing false or misleading statements.
Impersonating someone.
Sending illegal or impermissible communications, such as bulk messaging or automated messaging.
Non-personal use of our Services unless authorized.

c. Harm To TheWindow Or Our Users

You must not, directly or indirectly, access, use, copy, modify, distribute, or exploit our Services in unauthorized ways, including:

Reverse engineering or altering our Services.
Sending harmful computer code.
Gaining unauthorized access to our systems.
Disrupting the safety, security, or performance of our Services.
Creating unauthorized accounts.
Collecting information about our users without permission.
Selling or reselling our Services or data obtained from us.
Misusing reporting channels.

d. Keeping Your Account Secure

You are responsible for keeping your device and your TheWindow account secure. Notify us promptly of any unauthorized use or security breaches.

5. Third-Party Services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, products, and services. For example, you may use third-party data backup services (such as iCloud or Google Drive) integrated with our Services or interact with a share button on a third-party website to send information to your TheWindow contacts.

Important: These Terms and our Privacy Policy apply only to the use of our Services. When you use third-party products or services, their own terms and privacy policies will govern your use of those products or services.

6. Licenses

a. Your Rights

TheWindow does not claim ownership of the information you submit for your account or through our Services. You must have the necessary rights to such information and the right to grant the licenses outlined in these Terms.

b. TheWindow’s Rights

We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our intellectual property unless you have our express permission and adhere to our Brand Guidelines.

c. Your License To TheWindow

To operate and provide our Services, you grant TheWindow a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including content) that you upload, submit, store, send, or receive through our Services. This license is solely for operating and providing our Services.

d. TheWindow’s License To You

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services in accordance with these Terms. No additional licenses or rights are granted unless expressly stated.

7. Reporting Third-Party Copyright, Trademark, And Other Intellectual Property Infringement

To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit our Intellectual Property Policy. We may take action against your account, including disabling or suspending it, if you clearly, seriously, or repeatedly infringe others' intellectual property rights or if required by law. Such actions will be in accordance with the Termination section below.

8. Disclaimers And Release

YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. We provide our Services on an "AS IS" and "AS AVAILABLE" basis without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer viruses or other harmful code.

We do not warrant that:

Any information provided by us is accurate, complete, or useful.
Our Services will be operational, error-free, secure, or safe.
Our Services will function without disruptions, delays, or imperfections.
We control how users use our Services or the features, services, and interfaces we provide.
We are responsible for the actions or information (including content) of our users or third parties.

YOU RELEASE THEWINDOW AND OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (COLLECTIVELY, THE "THEWINDOW PARTIES") FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, DISPUTE, OR DAMAGES (KNOWN AND UNKNOWN) RELATING TO YOUR USE OF OUR SERVICES OR INTERACTIONS WITH USERS.

Note: If your local laws do not permit such waivers, this disclaimer will not apply to you to the extent prohibited.

9. Limitation Of Liability

THE THEWINDOW PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our aggregate liability will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. This limitation applies to the fullest extent permitted by applicable law. Some jurisdictions may not allow certain exclusions or limitations, so some or all of the above exclusions and limitations may not apply to you. In such cases, our liability is limited to the fullest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless the TheWindow Parties from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

Your access to or use of our Services, including any content you provide.
Your breach of these Terms or applicable law.
Any misrepresentation you make.

You will cooperate fully in the defense or settlement of any such claims. Your obligations under this section will survive the termination of your account and these Terms.

11. Dispute Resolution

a. Forum And Venue

If you are a user located in the United States or Canada, the "Special Arbitration Provision For United States Or Canada Users" section below applies to you. Please read that section carefully.

If you are not subject to the "Special Arbitration Provision," you agree that any claim or cause of action you have against TheWindow related to these Terms or our Services will be resolved exclusively in the appropriate courts located in [Your Jurisdiction, e.g., San Mateo County, California], and you consent to the personal jurisdiction of such courts.

b. Governing Law

These Terms and any disputes arising out of or related to them will be governed by the laws of the State of [Your State], without regard to its conflict of law provisions.

c. Time Limit To Bring A Claim Or Dispute

These Terms limit the time you have to bring a claim or dispute, including commencing arbitration or a court action, to one year after the dispute first arose. If you do not bring a claim within this time, the dispute is permanently barred.

12. Availability And Termination Of Our Services

a. Availability Of Our Services

We strive to improve our Services continually. This may involve expanding, adding, or removing Services, features, functionalities, and support for certain devices and platforms. Our Services may be interrupted for maintenance, repairs, upgrades, or due to network or equipment failures. We may discontinue some or all of our Services, including certain features and support for certain devices and platforms, at any time.

b. Termination

We may modify, suspend, or terminate your access to or use of our Services at any time for any reason, including if you violate our Terms or create harm, risk, or legal exposure for us, our users, or others. We may also disable or delete your account if it remains inactive for an extended period.

Surviving Provisions: "Licenses," "Disclaimers And Release," "Limitation Of Liability," "Indemnification," "Dispute Resolution," "Availability And Termination Of Our Services," "Other," and "Special Arbitration Provision For United States Or Canada Users" will survive any termination of your relationship with TheWindow.

13. Other

Entire Agreement: These Terms constitute the entire agreement between you and us regarding TheWindow and our Services, superseding any prior agreements.
Separate Terms: We reserve the right to designate certain Services as governed by separate terms, which you may need to consent to separately.
Compliance With Laws: Our Services are not intended for distribution or use in any country where such use would violate local laws or subject us to regulations. We reserve the right to limit our Services in any country or territory.
Export Laws: You agree to comply with all applicable export control and trade sanctions laws. You will not use or download our Services if you are located in a restricted country, listed on restricted parties lists, or for prohibited purposes.
Language: These Terms are written in English. Translated versions are provided for convenience, but the English version controls in case of conflicts.
Amendments: Any amendment to or waiver of these Terms requires our express consent. We may update these Terms, and your continued use of our Services constitutes acceptance of the amended Terms.
Assignment: We may assign our rights and obligations under these Terms to affiliates, successor entities, or new owners in connection with a merger, acquisition, restructuring, or sale of assets. You must not transfer your rights or obligations without our prior written consent.
Compliance With Law: We reserve the right to comply with any applicable laws.
No Third-Party Beneficiaries: These Terms do not confer any rights to third parties.
Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
Severability: If any provision is found to be unlawful or unenforceable, it will be amended to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
Rights Reserved: We reserve all rights not expressly granted to you.
Feedback: We appreciate your feedback or suggestions, which you may provide voluntarily. We may use your feedback without any restriction or obligation to compensate you.

14. Special Arbitration Provision For United States Or Canada Users

PLEASE READ THIS SECTION CAREFULLY.

If you are a user located in the United States or Canada, you and TheWindow agree to resolve all disputes through binding individual arbitration, except for certain types of disputes as outlined below. This means you waive your right to have disputes decided by a judge or jury and waive the right to participate in class actions or class arbitrations.

a. Excluded Disputes

"Excluded Disputes" include any disputes related to:

The enforcement or infringement of intellectual property rights (e.g., copyrights, trademarks, patents).
Privacy and publicity rights.

b. Federal Arbitration Act

The United States Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

c. Agreement To Arbitrate

You and TheWindow agree to arbitrate all Disputes (except Excluded Disputes) on an individual basis. You waive the right to a trial by judge or jury and the right to participate in class actions.

d. Arbitration Process

Notice of Dispute: To commence arbitration, you must provide a written Notice of Dispute with your name, address, username, contact information, a detailed description of the dispute, and the relief sought. Send this notice to:
TheWindow
ATTN: TheWindow Arbitration Filing
Arbitration Administration: The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be presided over by a single arbitrator.

e. Opt-Out Procedure

You may opt out of the arbitration agreement by notifying us in writing within 30 days of accepting these Terms or becoming subject to this arbitration provision, whichever is later. Your opt-out notice must include your name, address, mobile phone number associated with your account, and a clear statement of your intent to opt out. Send your opt-out notice to:

TheWindow
ATTN: TheWindow Arbitration Opt-Out

f. Small Claims Court

If permitted by your local small claims court, you may bring your Dispute in small claims court on an individual basis instead of arbitration.

g. No Class Actions

You and TheWindow agree not to participate in class actions or class arbitrations. If any part of this arbitration provision is found unenforceable, only that part is unenforceable, and the rest remains in effect.

15. Accessing TheWindow's Terms In Different Languages

To access our Terms in different languages, change the language setting in your TheWindow app. If a translated version is not available in your selected language, the English version will apply.

16. Contact Us

If you have any questions or concerns about these Terms or our Services, please contact us at:

TheWindow
Address: Gurugram, Haryana, India
Email: nimbal@thewindow.in
Phone: +91 8950558003