TERMS AND CONDITIONS

TERMS AND CONDITIONS

effective 11/01/2024

These Terms of Use (“Terms”) govern the download and use of the USmart application (the “App”), the services offered through the App, and all content, products, promotions, and functionality available at or through the App (collectively, the “Service” or the “Services”).

Please note that these Terms form a legally binding agreement between yourself and NOVELTY MEDIA SERVICES private limited, a corporation registered under the laws of the Islamic Republic of Pakistan with a registered office at F20, Block 8, Clifton, Karachi, Saddar Town, Karachi, Sindh, Pakistan, Registration No. 0201888 in CRO Karachi (the “Service Provider”, “our”, “us” and “we”).

The Service is launched in cooperation with Pak Telecom Mobile Limited, a company incorporated under the laws of Pakistan, having its registered office at Ufone Tower, Plot No.55-C, Jinnah Avenue, Blue Area, Islamabad, Pakistan (hereinafter referred to as “PTML” or the “Operator”).

The Service empowers users to enjoy digital content in the form of short videos and/or static images over their mobile phones (the “Device”), and to benefit of a dedicated dialer management app in specific devices. The participation to the Service also grants users with benefits (the “Rewards”).

The Service is available to the Operator’s customers within the territory of the Islamic Republic of Pakistan (the “Territory”).

By using the Service, you acknowledge that you are at least 18 years old, and you have read, understood, and agreed to be bound by these Terms. If you are between 12 years old and 18 years old, you must get your parent or legal guardian to review these Terms and ensure they are happy with you participating to the Service. If you are younger than 12 years old, you shall not use the Service.

The Service Provider reserves the right to change these Terms from time to time. By continuing to use the Service upon notice of such changes, the Subscriber acknowledges such changes, and agrees to proceed with the Service under the new Terms.

PLEASE READ THIS END-USER LICENSE AGREEMENT AND TERMS OF SERVICE AND THE PRIVACY POLICY CAREFULLY BEFORE ACCESSING AND USING THE SERVICE.

By clicking on or pressing “I accept”, “I agree” or similar verbiage during the download and/or signup progress, or by accessing or using any other part of the Services, you agree to become bound by the terms and conditions of this Agreement, which form a legally binding contract between you and the Service Provider.

If you do not agree to all the terms and conditions of this Agreement, then you may not download the Application or access or use the Service. If you are using the Service on behalf of an employer or another entity or third party, you represent and warrant that you have the authority and capacity to bind such entity to the Agreement.

The Service empowers users with a new contact management application, while creating a new communication channel displaying content in an innovative, fresh, impactful manner.

The content will be delivered in the format of short videos and/or static images.

The content will cover different subjects, including but not limited to entertainment, infotainment, and socially relevant communications.

The content will also include advertising messages of the Operator’s products and brands.

Content may display advertisements for third parties, and/or contain links to Third-Party websites and services (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of the Service Provider, and neither the Service Provider nor its suppliers or licensors will be responsible for any Third-Party Links & Ads. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data collection practices.

By using our Service, you agree that we can show you ads that we think will be relevant to you and your interests. We use your personal data to help determine which ads to show to you.

Content will be displayed upon some of the functions of the Device (the “Event” or the “Events”), namely:

• After unlocking your device (the “Unlock”)
• While receiving a voice call (the “Incoming call”)
• While executing a voice call (the “Outgoing call”)
• After terminating a voice call (the “Post call”)

In order to ensure a friendly user experience, Content will be not displayed at the event of each of those Events in your device. An Event will trigger the display of content based on the logic defined by the artificial intelligence within the application and the back-end system.

You may skip the content display upon Unlock and Post-call by clicking the dedicated exit button (displayed in the form of a cross or similar) on the screen. Upon Incoming and Outgoing calls, content will be displayed on your screen without impacting any of the functionalities of your phone dialer application.

On top of the above-described Events, you may access and watch your daily content in the application’s content display section..

The Service Provider will act on a best-effort basis to ensure the compliancy with strict user-friendly rules, by not including any direct reference to potentially disturbing subjects such as military conflicts, obscenity, drugs, adult, crime, death/injury, online piracy, hate speech, terrorism, spam/harmful sites, and fake news.

The app supports all standard dialer functionalities, such as dialing, answering, call termination, call rejection, mute, keypad access, loudspeaker, Bluetooth, rejection with SMS, etc.

The app will enable the delivery of content while initiating and terminating a voice call for all devices, including the ones having specific factory restrictions.

Users of the Service will be granted with:

• A once-off welcome bonus (the “Welcome Bonus”) of 300 MB mobile data traffic valid for 3 days.
• A daily recurrent benefit (the “Recurrent Benefit”) of 100 MB mobile data traffic valid for 1 day (the “Benefit Period”).

The Welcome Bonus will be assigned once, upon the very first successful registration in Service. It will not be possible to cumulate more than one Welcome Bonus by exiting and entering again the Service, nor by uninstalling and reinstalling the application.

Watching at least one content per day makes you eligible to receive the Recurrent Benefit the following day. Content can be watched either upon smartphone’s unlock, or upon incoming call, or outgoing call, or post-call, or from within the application’s content section.

In case you will not watch content in a specific day for any reason (e.g. device is switched off; or you have no mobile data and/or Wi-Fi connection; or it was not possible for the Service to reach your device), you will not be eligible for the Recurrent Benefit.

Recurrent Benefits can neither be recovered nor cumulated, i.e. within a Benefit Period you will be entitled to one Recurrent Benefit at max.

Benefits are granted to the Phone Number you provided in the registration process and are not transferable to other users.

The Service is free of charge for the user.

Subject to fair-use policy, there will be no charge for the mobile data traffic required by the application to run the specified Service except for any technical glitch/issue beyond the Operators’ control.

If by clicking a content you are redirected to a third-party URL and/or application, the necessary data will be charged against your standard tariff plans.

You must provide all equipment and software necessary to connect to the App, including but not limited to, a mobile device that is suitable to connect with and use the App. Currently the App supports devices with Android OS version 6 or higher.

You are solely responsible for any fees, including internet connection or mobile fees, that you incur when downloading and accessing the App.

Subject to these Terms, the Service Provider and Operator grant you a non-transferable, non-exclusive, revocable, limited license to use and access, solely for your own personal, non-commercial use (a) the App on any compatible device that you own or controls, and (b) the other aspects of the Service as per the terms and condition of App as well as the Operator’s website.

You agree to comply with all applicable third-party terms of the Google Play Store and Huawei App Gallery (the “Usage Rules”) when using the App. To the extent the terms of these Terms provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies.

Certain software code incorporated into or distributed with the App may be licensed by third-parties under various “open-source” or “public-source” software licenses, such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the MIT License (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open-Source Software is not licensed under Section 3.3. and instead, is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.

The rights granted to you in these Terms are subject to the following restrictions:

1. You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App or Services, whether in whole or in part, or any content displayed on the Service;
2. You shall not frame or utilize framing techniques to enclose any trademark or logo of the Service Provider and the Operator or other portion of the Service (including images, text, page layout or form);
3. You shall not use any metatags or other “hidden text” using the Service Provider’s and/ the Operator’s name or trademarks;
4. You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service except to the extent the foregoing restrictions are expressly prohibited by applicable law;
5. You shall not access the Service in order to build a similar or competitive website, product, or service;
6. Except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; and
7. You shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Service (or on any content displayed on the Service). Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. The Service Provider and the Operator make no representation that the Service is appropriate for use in locations other than the Territory.

By downloading and using the App, you acknowledge and agree that the Service Provider and the Operator will have no obligation to provide any support or maintenance in connection with the Service. You agree that the Service Provider and the Operator are not obligated to create or provide any corrections, updates, upgrades, bug fixes, and/or enhancements of the Service (each an “Update”).

For more details refer to our Data Protection Policy.

In order to use the Service, you are asked to create a Profile (the “Profile”). You represent and warrant that:

1. All profiling information submitted is truthful and accurate;
2. You will maintain the accuracy of such information;
3. You are not barred from using the Service under the laws of the Territory, your place of residence or any other applicable jurisdiction; and
4. You have not been banned by the Service Provider from the Service.

To improve the customer experience in Service, the application will collect a set of information from your device, including:

• Device usage: information about the usage of your device, such as number of unlocks, and number of voice calls in a day and their timing distribution.
• Device attributes: information such as the operating system, hardware and software versions, and available storage space.
• Device signals: information about your data connectivity status, Wi-Fi access points, and Bluetooth signals.
• Data from device settings: information you granted us the permission to receive, such as access to your GPS location.
• Application status attributes: information such as the granted/ungranted permissions required by the application, the status of the alert notification required by the application to catch the unlock events.

The Service is delivered in partnership with the Operator. Therefore, the Service Provider will collect from the Operator the mobile phone number’s status in the Operator’s network, and the active tariff plan.

You are responsible for all activities that occur under your Profile. You agree that you will monitor your Profile to restrict use by anyone other than yourself.

You agree to immediately notify the Service Provider of any unauthorized use, or suspected unauthorized use of your Profile or any other breach of security. Neither the Service Provider nor its partners, suppliers or licensors will be liable for any loss or damage arising from your failure to comply with the above requirements.

Protecting people’s privacy is pivotal to how the Service Provider operates its advertising campaign system.

Profiling data are collected to help determine the more relevant advertising content to show to you.

Personal data are not share or sold to any third-party.

Advertisers are allowed to target their marketing campaigns based on generic profiling inputs, without having access to any personal data collected by the Service. Advertisers will also have the possibility to address their commercials to a specific list of Mobile Phone Numbers they will provide as input for the campaign execution – this is to enable them to directly communicate with their clients who already provided them with their Mobile Phone Number.

The personal account you created while registering in Service might be suspended at any time by the Service Provider in case of violation of the Terms you are accepting. In any case, the suspension of the account will be at sole discretion of the Service Provider.

You acknowledge and agree that

1. the Service is and will remain the sole property of the Service Provider and its affiliate or parent entities, partners, suppliers and licensors and is subject to protection under American, European and foreign copyright laws, and
2. all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and content made available through the Service are owned by the Service Provider, its partners, suppliers and licensors.

The Service Provider’s name, logo, and the product names associated with the Service belong to the Service Provider or its parent, affiliate entities, suppliers or licensors, and no right or license is granted to use them by implication, estoppel or otherwise.

Neither these Terms nor the access to the Service transfer to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section TBD. The Service Provider, its partners, suppliers and licensors and their suppliers reserve all rights not granted in these Terms.

You agree not to take any action in relation to the Service which:

• violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
• is unlawful, threatening, abusive, harassing, harmful, defamatory, trade libelous, deceptive, fraudulent, false, intentionally misleading, tortious, or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or
• in violation of any laws, or obligations or restrictions imposed by any third party.

In addition, you agree not to:

1. upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data;
2. use the Service to harvest, collect, gather or assemble information or data regarding other users without their consent;
3. interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks;
4. attempt to gain unauthorized access to the Service; or
5. use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

The Service Provider reserves the right to investigate and/or take appropriate action if you violate the Acceptable/Fair Use Policy or any other provision of these Terms.

Any action by you or associated with your Profile that Service Provider believes, in its sole and absolute discretion: (a) violates the Agreement; (b) restricts, inhibits, disrupts, interferes with, limits, or prevents access or use of the Services; or (c) through the use of the Services, abuses, defames, harasses, disparages or threatens another user of the Services or any other third party, is strictly forbidden.

You also may NOT:

• solicit for commercial purposes other users of the Services, unless permitted by and in accordance with an Advertising Agreement;
• use the Services to distribute or post solicitations, promotional materials, spam, junk mail, chain letters, or pyramid schemes, unless permitted by and in accordance with an Advertising Agreement;
• use metatags or any other “hidden text” utilizing any of our or any third party’s product names or trademarks;
• harvest or otherwise collect personal information about users, including e-mail addresses, without their consent;
• use any robot, spider, crawler, scraper or other automated means to access the Services, unless permitted by and in accordance with an Advertising Agreement;
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; or
• bypass any measures we may use to prevent or restrict access to the Services or certain features or modules of the Services.

The Service Provider reserves in its sole discretion the right to immediately block or disable the ability to use, and/or otherwise suspend or terminate your access to the Service, if it believes that you have engaged in any of the foregoing activities or that they have occurred in association with your account or password.

The proprietary software associated with the Application and the Service, including any enhancements or modifications thereto and any related documentation, as well as the visual and textual elements and the selection, arrangement and compilation of data embodied in (and/or displayed during the execution of) the software, are copyrighted works and exclusively owned by the Service Provider. In addition, the Service, including all software, Service Provider content, inventions, technology, products, services and Service Provider data provided in the Service, or through the Service, are protected under the United States and international copyright, patent, trademark and/or other intellectual property laws and incorporate valuable confidential information and trade secrets of the Service Provider, and are the exclusive property of the Service Provider and its licensors. All suggestions, requests and feedback you may communicate to us regarding the Service, and all inventions, improvements, modifications, product or service ideas, and concepts contained therein (collectively, “Feedback”), shall become the exclusive property of the Service Provider. You hereby assign all worldwide rights, title and interest in, to and under any such Feedback to the Service Provider and agree to execute and deliver any assignments or other instruments or documents that we may request in order to confirm, perfect, record or enforce our rights with respect to the Feedback.

These Terms constitute the entire agreement between you and the Service Provider regarding the use of the App and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to the Service Provider is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Service Provider’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Service Provider may freely assign these Terms. The terms and conditions set forth in these Terms shall inure to the benefit of and be binding upon permitted assignees. The Operator is a third-party beneficiary of these Terms without any obligations.

Subject to this Section, these Terms will remain in full force and effect while you use the App or Services. You may terminate your Account at any time, for any reason, by uninstalling the App. By deleting your Account or uninstalling the App, you will forfeit any existing incentives and lose all benefits from your use of the App. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, especially confidentiality will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

These Terms (and any non-contractual obligations arising from these Terms) and any action related thereto will be governed and interpreted by and under the laws of Pakistan and both Parties agree to submit to the non-exclusive jurisdiction of the Pakistan courts.

Neither the Service Provider nor its partners, suppliers or licensors will be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.