Effective Date: The effective date of these Terms and Conditions is January 2025.
Welcome to ACTIVITY APP (the “Application”), owned and developed by KAY Multimedia Solutions Pvt Ltd (“Company,” or “ ACTIVITY ” or “ ACTIVITY App ” or “we,” “us,” or “our”). By accessing or interacting with this application, you agree to comply with the terms and conditions provided.
We understand you’re excited to step into walking, jogging and running for charity, but please take the time to carefully review these Terms of Service (“Terms”). They govern your use of the Application and outline your legal rights and obligations. Additionally, our Privacy Policy explains how we collect, use and protect your information while you use the Application.
By accessing the Application, you consent to the Terms and Privacy Policy, emphasizing fairness and privacy. If you disagree or do not consent, kindly avoid using the Application to ensure compliance with these policies.
The ACTIVITY App empowers you to raise funds for charitable causes (“ GIVE AWAY ”) through activities like walking and running (“Activity”). Whether on an iPhone, Android or other devices (“Device”), the App uses GPS to track active sessions a UI integrates step count data from Google Fit or Health App for passive tracking. For every kilometre (or portion) you travel, a corporate sponsor or brand (“Sponsor”) donates to your chosen Charity.
To participate, select a Charity on ACTIVITY tap “GIVE AWAY,” and start your activity. The App monitors your progress, allowing you to raise up to 5 Rupees per kilometre for your selected cause. It’s an innovative and rewarding way to make a difference while staying active, supported by the generosity of corporate sponsors who share your commitment to giving back.
GIVE AWAY (Pay Out): The Sponsor releases the funds to the Charity after the designated milestone in the Application is successfully completed.
We take pride in and protect our application. Ownership and control of the Application, including all past, current and future versions, as well as all “Company Materials,” rest with us. These materials include (i) content such as graphics, text, images, sounds, videos, animations and designs associated with the Application, excluding Charity and Sponsor Materials; (ii) our trademarks, logos, trade names, service marks and trade identities; and (iii) other intellectual property. You are not permitted to copy, reproduce, download or distribute any Company Materials unless explicitly authorized. Please honor any copyright notices and restrictions within the Application.
Additionally, we are committed to protecting our Charities and their “ GIVE AWAY ” materials. These include (i) content provided by Charities, such as graphics, images, audio, videos and designs; (ii) their trademarks, logos, trade names and service marks; and (iii) their intellectual property. Charities retain full ownership of their materials and unauthorized use or distribution is not allowed. Users must respect copyright and other restrictions communicated through the Application for Charity Materials.
Our Activity Application invites you to share your progress as you walk, jog or cycle for a cause. You can use this opportunity to highlight your accomplishments, advocate for your Charity and thank your Sponsor on social media. The Application suggests pre-written messages, which you can customize as needed. In the future, you may also have the option to add multimedia elements like images, videos, audio clips, hyperlinks or other content. Any modifications you make to the messages or any additional content you include will be referred to as “User Content.”
By submitting User Content, you affirm that: (i) you hold ownership of the rights to the content and can grant the rights and licenses specified in these Terms; or (ii) you have acquired the appropriate rights and permissions from the content owner(s) to agree to and fulfil these Terms. Upon our request, you agree to provide documentation, proof or releases to confirm your adherence to these Terms.
When you upload User Content, you create a message that will be shared on social media, as applicable. It is important to note that we cannot control who will view your User Content or how far it may spread once shared.
We do not assume any obligation to pre-screen, monitor or enforce intellectual property rights associated with your User Content. Although we may review or monitor User Content at our discretion, this is not a commitment. Furthermore, we reserve the right to reject or remove any User Content that we determine violates our policies or ethical standards.
In such cases, we may delete, edit, reformat, alter or refuse to use your User Content. These actions may be taken without notifying you and we accept no liability for such decisions or their consequences.
We have the sole authority to monitor and review all User Content shared via the Application. Furthermore, we may, at our discretion, remove or ignore any User Content that we determine violates these Rules, the Terms, or is otherwise deemed inappropriate or unacceptable.
To use certain features of the Application, we may request the following permissions on Android devices: (i) Camera (for profile updates and future features); (ii) Contacts (to identify device contacts) and (iii) Location (precise and approximate). Additional permissions may include viewing network connections, ignoring battery optimizations, preventing sleep mode, controlling vibration and pairing with Bluetooth devices, among others.
We also request permissions to access basic Facebook profile information (e.g., name, profile picture, and user ID), send emails and post to your Facebook wall. These permissions are optional but essential for some features. Declining them may restrict access to parts of the Application. We value your privacy and handle your data with care.
You represent and warrant that: (i) the information you share with the Application is truthful and accurate; (ii) you have the necessary rights and authority to use the Application and submit User Content and (iii) your activities and content comply with these Terms and all applicable legal requirements.
We may periodically feature contests, sweepstakes or other promotional events, each governed by its own rules, which may include eligibility conditions such as age or regional restrictions. While we hope you enjoy participating, it is your responsibility to review the rules to verify your eligibility, confirm your participation is valid and understand any requirements set by the sponsor.
Third-Party Content and Hyperlinks
You may encounter links to third-party websites or applications within the Application or in communications you receive. Additionally, the Application may feature third-party content that we do not manage or endorse. Accessing such links or content will require leaving our Application.
We grant you the revocable permission to link to the Application; however, we reserve the right to prohibit linking to the Application for any reason, in our sole and absolute discretion.
Occasionally, we may provide certain widgets (“Widgets”) for use on your personal web page or social networking profile (“Personal Page”). To embed a Widget, you will use the HTML or other code provided by us, known as an embed code (“Embed Code”). You must use the Embed Code as it is, without altering or editing it in any way and paste it directly onto your Personal Page. These Widgets are a part of our Company Materials and are subject to all the applicable terms and restrictions outlined here.
By providing the Embed Code, we grant you a revocable license to embed the Widget on your Personal Page, if you follow the conditions in these Terms and any Additional Terms that may apply. This license is limited to: (i) embedding the Widget on sites that allow you to post it, and (ii) ensuring that the site where you post the Widget does not attempt to claim ownership or rights over our Embed Code or Company Materials. Such site operators may only host the Widget with a limited, temporary right to allow its standard operation, with no further rights implied.
The Widgets may display our trademarks or other intellectual property, which are part of the Company Materials. While using a Widget, you acknowledge that we retain full ownership and control over these materials and any goodwill generated through their use is solely for our benefit. You are responsible for ensuring that your use of Widgets complies with our policies and protects our intellectual property rights.
As outlined in the Disclaimers section, we do not guarantee uninterrupted functionality or specific performance of Widgets. We reserve the right to discontinue the services required for Widgets to function at any time, without prior notice or liability. This may result in the Widget ceasing to operate on your Personal Page.
Additionally, we may disable any Widget you have embedded on your Personal Page if you violate these Terms or for any other reason, entirely at our discretion. Such actions can be taken without prior notice or liability to you. Your responsibility is to ensure that your use of Widgets remains within the boundaries of these Terms and respects the conditions set forth here.
We aim to provide an enjoyable and functional Application experience, but we cannot guarantee its performance. Your use of the Application is entirely at your own risk.
The Application is offered “as is,” “as available,” and “with all faults.” To the fullest extent allowed by law, we and our parent company, affiliates, subsidiaries and associated entities (collectively, “Company Parties”) disclaim all warranties, whether express or implied, including:
Implied warranties of merchantability, fitness for a particular purpose, non-infringement and freedom from defects or errors are also disclaimed. If certain jurisdictions prohibit the exclusion of implied warranties, such exclusions may not fully apply to you.
Even if such damages were foreseeable or known to Company Parties, no liability will be assumed. These exclusions apply regardless of the type of claim (e.g., negligence, strict liability, tort).
This limitation applies to damages caused wholly or partially by external factors, including acts of nature, technical failures, or misuse of the Application.
If you suffer any damages, losses or injuries resulting from our acts or omissions, you acknowledge that such damages are not irreparable or sufficient to justify an injunction. Accordingly, you agree not to seek to prevent or restrain the development, distribution, production, advertising, exhibition or use of the Application or any other websites, services, products, properties or Company Materials owned or controlled by the Company Parties. You waive all rights to interfere with these activities or any associated actions.
