These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and KALIYAZ ("we", "us", "our"). By accessing or using the KALIYAZ website, platform, or any associated services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications. If you do not agree, you must not use the Service.
You must be at least 13 years of age (or the age of majority in your jurisdiction) to use the Service. If you are between 13 and 18, you represent that you have obtained parental or guardian consent. By registering, you warrant that all information provided is accurate and complete. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us immediately of any unauthorized use.
You retain all ownership rights to any content you upload, including profile images, backgrounds, links, and text ("User Content"). By submitting User Content, you grant KALIYAZ a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to host, store, display, perform, reproduce, and distribute your User Content solely for the purpose of operating, improving, and promoting the Service. This license continues even after you stop using the Service, solely to the extent necessary to fulfill our legal obligations or enforce rights (e.g., backups). You represent that your User Content does not infringe any third-party rights.
You agree not to engage in any of the following:
Violation may result in immediate termination of your account without notice and possible legal action.
We reserve the right, but do not assume the obligation, to investigate any violation of these Terms. We may remove, reject, or disable access to any User Content that we deem, in our sole discretion, to be in violation. We also reserve the right to suspend or terminate your account, with or without notice, for any reason, including violation of these Terms, at any time and without liability. We may also report unlawful activity to law enforcement.
The Service, including its code, design, logos, trademarks, and layout, is owned by KALIYAZ and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, reverse engineer, distribute, sell, or create derivative works based on the Service, except as expressly permitted. The name "KALIYAZ" and the KALIYAZ logo are exclusive trademarks.
Your KALIYAZ page may contain links to external websites or services (e.g., Instagram, YouTube). We do not control, endorse, or assume responsibility for any third-party content, policies, or practices. Your interactions with third parties are solely between you and them. We recommend reviewing their terms and privacy policies.
KALIYAZ may offer premium plans with additional features. If you purchase a subscription, you agree to pay all applicable fees. Payments are processed by third-party providers (e.g., Razorpay, Stripe). We do not store full credit card details. All fees are non-refundable, except where required by law. We reserve the right to change prices with reasonable notice. Failure to pay may result in suspension or downgrade of your account.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, KALIYAZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KALIYAZ, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS.
You agree to indemnify, defend, and hold harmless KALIYAZ, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with (a) your access to or use of the Service, (b) your User Content, or (c) your violation of these Terms.
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws provisions. The courts in Mumbai, India shall have exclusive jurisdiction over any disputes, subject to the arbitration clause below.
Mandatory Individual Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be finally settled by binding arbitration administered by the Indian Council of Arbitration (ICA) in accordance with its rules. The arbitration shall be conducted in Mumbai, India, in English. The arbitrator’s award shall be final and binding.
Class Action Waiver: You agree to resolve disputes with KALIYAZ on an individual basis, and waive the right to participate in a class action, class arbitration, or representative proceeding. If a court or arbitrator determines that this waiver is unenforceable, the arbitration clause shall be severed and the dispute shall proceed in court.
If any provision of these Terms is held to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision shall not be deemed a waiver of such right or provision.
These Terms constitute the entire agreement between you and KALIYAZ regarding the use of the Service, superseding any prior agreements. You may also be subject to additional terms and conditions that may apply when you use third-party services.
We reserve the right to update these Terms at any time. Material changes will be notified via email or a prominent notice on the Service. Your continued use after the effective date constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
For any questions regarding these Terms, or to request account deletion, please contact:
AbhinavGadge@proton.me
If you do not agree, please discontinue use immediately.