You’re not allowed to attempt to extract the source code of the Howzit, and you also shouldn’t try to translate the Howzit into other languages, or make derivative versions. The Howzit itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to MithrAI Inc
MithrAi is committed to ensuring that the Howzit is as useful and efficient as possible. For that reason, we reserve the right to make changes to the Howzit or to charge for its services, at any time and for any reason. We will never charge you for the Howzit or its services without making it very clear to you exactly what you’re paying for.
The Google Play and Apple Howzit stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the Howzit secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the HowzIt Howzit won’t work properly or at all.
You should be aware that there are certain things that MithrAI will not take responsibility for. Certain functions of the Howzit will require the Howzit to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but MithrAI cannot take responsibility for the Howzit not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the Howzit outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Howzit, or other third party charges. In using the Howzit, you’re accepting responsibility for any such charges, including roaming data charges if you use the Howzit outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the Howzit, please be aware that we assume that you have received permission from the bill payer for using the Howzit.
Along the same lines, MithrAI cannot always take responsibility for the way you use the Howzit i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, MithrAI cannot accept responsibility
With respect to MithrAI’s responsibility for your use of the Howzit, when you’re using the Howzit, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. MithrAI accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the Howzit.
At some point, we may wish to update the Howzit. The Howzit is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the Howzit to) may change, and you’ll need to download the updates if you want to keep using the Howzit. MithrAI does not promise that it will always update the Howzit so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the Howzit, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the Howzit, and (if needed) delete it from your device.
End User License Agreement (“EULA” or “Agreement”) is an agreement between HowzIt, A Mithrai Inc (“HowzIt”) and any individual who downloads, installs, or uses (“User” or “You” or “Your”) or any derivative works. The terms and conditions in this EULA explain the limited rights of User and limitations concerning the Application. By downloading, installing, or using the Application on a mobile phone or tablet (“Device”), User acknowledges that User understands the terms and conditions contained in this EULA and agrees to be bound by them. HowzIt reserves the right to amend or supersede the terms and conditions contained in this EULA without notice to User. This Agreement is between you and HowzIt. You are responsible for ensuring your compliance with any device Howzit, or other application distributor’s terms and conditions which may govern download and or use of the Application. Terms contained in any Application Store’s agreements which you accept shall not supersede or alter the terms in this EULA and in no way obligate HowzIt.
User is responsible for compliance with all federal, state and local laws governing download, installation, and use of this Application, including but not limited to laws concerning exportation or United States embargo regulations.
Protection of Proprietary and Trade Secret Information: User shall not copy, translate, disassemble, or decompile, nor create or attempt to create, by reverse engineering or otherwise, the source code from the object code of the Application. User is not permitted to make derivative works of the Software, and ownership of any unauthorized derivative works shall vest in HowzIt. Nothing in this EULA shall be deemed to grant any ownership rights or property interest in the Application or the data displayed within the Application. User is granted a non-exclusive, nontransferable, limited use license to use the Application for the purposes stated in this EULA, and this limited right to use the Application may be revoked at any time without notice to User. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time.
To the extent that any provision or term in this EULA is deemed to be invalid or otherwise not enforceable, such provision or term shall be stricken, leaving the remaining provisions and terms intact.
HowzIt's failure to enforce performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provisions or any other provisions of this Agreement.
User shall not, without HowzIt’s prior written consent, disclose any of the information contained in the Application or otherwise cause its disclosure, or distribute or copy the Application in any way. User understands and agrees that information contained in the Application is confidential in nature and will not use the Application or the information contained within the Application for any other purpose than what is stated in this EULA.
User understands and agrees that HowzIt is not responsible for any additional use charges or increases in User’s cellular charges occurring as a result of using the Application. alleged violation of any applicable law or regulation concerning Your use of the Application. howzit reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You, but doing so will not excuse your indemnity obligations.
Howzit is not liable to User for any use or misuse of this Application, including but not limited to Data Loss. Such limitation: (a) includes directUser understands and agrees that use of the Application could negatively impact the performance of the Device or operability of other applications installed on the Device.
howzit is not responsible for the operation of the Device, the Application, or any existing or later installed applications. It is User’s responsibility to back up and protect personal data or configurations on User’s Device. howzit is not responsible for any data loss which may occur on the Device, whether related to installation of the Application on the Device, or to use of the Application. Such data loss which may occur includes, but is not limited to loss of User information, photographs, Device configurations and settings, files, or applications (“Data Loss”).
NO WARRANTY: User understands and agrees that howzit makes absolutely no warranties concerning the Application. Application is being provided “as is,” and howzit disclaims any and all warranties whether provided for by statute or at common law, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Use of the Application is at User’s own risk.
You must register for our Services using accurate data, provide your current mobile phone number, and, if you change it, update this mobile phone number using our in-app change number feature. You agree to receive text messages with one time passwords to register for our Services.
You provide us the phone numbers of HowzIt users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.
You must be at least 16 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.
Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission. Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of HowzIt, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us. Harm to HowzIt or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time. Keeping Your Account Secure. You are responsible for keeping your device and your HowzIt account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your HowzIt contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services. Licenses
HowzIt does not claim ownership of the information that you submit for your HowzIt account or through our Services. You must have the necessary rights to such information that you submit for your HowzIt account or through our Services and the right to grant the rights and licenses in our Terms.
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 copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights
We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you. 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 terminate your HowzIt account if you repeatedly infringe the intellectual property rights of others. Disclaimers
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “HowzIt PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE HowzIt 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 IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE HowzIt PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE HowzIt PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Indemnification You agree to defend, indemnify, and hold harmless the HowzIt Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim. Dispute resolution
If you are a HowzIt user located in the United States or Canada, the “Special Arbitration Provision for United States or Canada Users” section below applies to you. Please also read that section carefully and completely. If you are not subject to the “Special Arbitration Provision for United States or Canada Users” section below, you agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in the United States District Court for the Northern District of California or a state court located in San Mateo County in California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes. Governing Law. The laws of the State of California govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between HowzIt and you, without regard to conflict of law provisions.
Availability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events. Termination. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with HowzIt: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” “Other,” and “Special Arbitration Provision for United States or Canada Users.”
Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding HowzIt and our Services, and supersede any prior agreements. We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country. You will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods. Our Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls. Any amendment to or waiver of our Terms requires our express consent.
We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time. All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent. Nothing in our Terms will prevent us from complying with the law.
Except as contemplated herein, our Terms do not give any third-party beneficiary rights. If we fail to enforce any of our Terms, it will not be considered a waiver. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions, except as set forth in the “Special Arbitration Provision for United States or Canada Users” — “Severability” section below. We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
We always appreciate your feedback or other suggestions about HowzIt and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them). Special arbitration provision for United States or Canada users PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES AND CANADA USERS. IF YOU ARE A HowzIt USER LOCATED IN THE UNITED STATES OR CANADA, IT REQUIRES YOU TO SUBMIT TO BINDING INDIVIDUAL ARBITRATION OF ALL DISPUTES, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU ARE WAIVING YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION. FINALLY, THIS SECTION WAIVES YOUR RIGHT TO HAVE YOUR DISPUTE HEARD AND RESOLVED AS A CLASS ACTION, CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page. Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at [email protected]