Duta Privacy Policy

Terms of Service
1. Your Acceptance
This is an agreement between Duta Inc., a Delaware Corporation ("Duta"), the owner and operator of www.duta.in (the "Duta Site"), collectively, including all content provided by Duta through its phone numbers, its mobile application, through third-party mobile platforms and the Duta Site, the "Duta Service", or the "Service", and you ("you" or "You"), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND Duta's PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.duta.in/privacy.php, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.

2. Duta Service
These Terms of Service apply to all users of the Duta Service. Information provided by our users through the Duta Service may contain links to third party websites that are not owned or controlled by Duta. Duta has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Duta will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Duta shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

3. Duta Access
A. Subject to your compliance with these Terms of Service, Duta hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Duta's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

B. In order to access and use the features of the Service, you acknowledge and agree that you may have to provide Duta with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, Duta may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Duta to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We do not collect names, addresses or email addresses, just mobile phone numbers. You must notify Duta immediately of any breach of security or unauthorized use of your mobile phone. Although Duta will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Duta or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" that accesses the Service in a manner that sends more request messages to the Duta servers in a given period of time than a human can reasonably produce in the same period, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Duta grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Duta reserves the right to revoke these exceptions either generally or in specific cases. Duta disallows any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by clients approved or developed by us. We have to disallow using request modification tools or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

4. Intellectual Property Rights
The design of the Duta Service along with Duta created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Duta, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Duta reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein.

5. Right to discontinue service
Duta reserves the right to discontinue any aspect of the Duta Service at any time.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE Duta SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Duta, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. Duta MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Duta SERVICE. Duta DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Duta SERVICE OR ANY HYPERLINKED WEBSITE OR OTHER ADVERTISING, AND Duta WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.

7. Limitation of Liability

IN NO EVENT SHALL Duta, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Duta CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.


YOU SPECIFICALLY ACKNOWLEDGE THAT Duta SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Duta from its facilities across the world. Duta makes no representations that the Duta Service is appropriate or available for use in other locations. Those who access or use the Duta Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity
You agree to defend, indemnify and hold harmless Duta, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Duta Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.
This defense and indemnification obligation will survive these Terms of Service and your use of the Duta Service.

9. Ability to Accept Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the Duta Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the Duta Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a" terrorist-supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Duta is the developer of the Service, with an address at 101 University Avenue #245, Palo Alto, CA, info@duta.in.

10. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Duta without restriction.

11. General
You agree that: (i) the Duta Service shall be deemed a passive server that does not give rise to personal jurisdiction over Duta, either specific or general, in jurisdictions other than Delaware; and (ii) that you agree to subject to the jurisdiction of Delaware in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and Duta that arises in whole or in part from the Duta Service shall be decided exclusively by a court of competent jurisdiction located in State of Delaware. These Terms of Service, together with the Privacy Policy at http://www.duta.in/privacy.php and any other legal notices published by Duta, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and Duta concerning the Duta Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Duta's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Duta reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Duta Service. Your continued use of the Duta Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Duta AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Duta SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


Privacy Notice
Duta Inc. ("Duta") recognizes that its customers, visitors and users, want to know what's up with privacy. Duta provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Duta Site, Duta Software and/or the Duta Service. If you do not agree to our practices, please do not use the Duta Site or Duta Service.
This Privacy Policy is incorporated into and is subject to the Duta Terms of Service. Your use of the Duta Site, Duta Service and any personal information you provide on the Duta Site or Duta Service remains subject to the terms of this Privacy Policy and our Terms of Service.

What Does This Privacy Policy Cover?
This Privacy Policy is part of Duta's Terms of Service and covers the treatment of user information, including personally identifying information, obtained by Duta, including information obtained when you access the Duta's Site, use the Duta Service or any other software provided by Duta.

This Privacy Policy does not apply to the practices of companies that Duta does not own or control, or to individuals whom Duta does not employ or manage, including any of the third parties to which Duta may disclose user information as set forth in this Privacy Policy.

The Information Duta Collects
Duta may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below ("Personally Identifying Information"):
User Provided Information: You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name (if applicable), billing information (if applicable) and mobile device information to Duta when choosing to participate in various uses of the Duta Service, such as registering as a user, updating your status or requesting status for your contacts. In order to provide the Duta Service, Duta will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of other Duta users ("in-network" numbers), or otherwise categorize other mobile phone numbers as "out-network" numbers, which are stored as one-way irreversibly hashed values.
Cookies Information: When you visit the Duta Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. Duta uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Duta Site may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the Duta Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the Duta Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.

The Information Duta Does Not Collect
Duta does not collect names, emails, addresses or other contact information from its users mobile address book or contact lists other than mobile phone numbers the Duta mobile application will associate whatever name the Duta user has assigned to the mobile telephone number in his/her mobile address book or contact list and this occurs dynamically on the mobile device itself and not on Duta's servers and is not transmitted to Duta. We do not collect location data, but users may voluntarily share their location with other users via the Duta Service.

The contents of messages that have been delivered by the Duta Service are not copied, kept or archived by Duta in the normal course of business. The contents of any delivered messages are not kept or retained by Duta the only records of the content of any delivered messages reside directly on the sender's and recipient's mobile devices
Notwithstanding the above, Duta may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which Duta is legally compelled to collect. Files that are sent through the Duta Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.

The Way Duta Uses Information
If you submit Personally Identifiable Information to us through the Duta Site, or Duta Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Duta Site and Duta Service. In particular, your mobile phone number is essential to your use of the Duta Service and will be retained. Any billing information that may be collected from you will be deleted thirty (30) days after the termination of your account with Duta. Any Personally Identifiable Information that you voluntarily disclose on the Duta Service becomes publicly available and may be collected and used by other users of the Duta Service (unless such user is blocked by you). We do not use your mobile phone number or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your mobile phone number (or email address, if provided) without further consent for non-marketing or administrative purposes (such as notifying you of major Duta Site or Duta Service changes or for customer service purposes). We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Duta Site and Duta Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Hopefully we improve the Duta Site and Service and don't make it suck worse. We may use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the Duta Service or Duta Site; (b) provide custom, personalized content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track your entries, submissions, views and such.

We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Duta Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Duta Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual's physical safety may be at risk or threatened. Duta also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Duta believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Duta Site or our servers, and to protect the rights, property, or personal safety of Duta, our users or others.

Your Choices
You may, of course, decline to submit Personally Identifiable Information through the Duta Site or the Duta Service, in which case Duta may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please delete your account, uninstall the Duta mobile application and discontinue use of the Duta Service; your continued usage of the Duta Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. To protect your privacy and security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before registering your mobile phone number and granting you access to the Duta Service. Please contact Duta via email to support at duta.in or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.

In the Event of Merger, Sale, or Bankruptcy
In the event that Duta is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Changes and updates to this Privacy Notice
This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the Duta Site and Duta Service constitutes your agreement to this Privacy Policy and any amendments.



Date Last Modified:

This Privacy Notice was last modified April 17th, 2016