Terms of Service

ContextGram ("ContextGram," "we," "us," "our") provides the services (described below) to you through its website located at https://contextgram.com (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service").

Access and Use of the Service

Services Description

The Service is designed to integrate with your Gmail account to provide additional features and an improved user interface.

Modifications to Service

ContextGram reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ContextGram will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage

You acknowledge that ContextGram may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on ContextGram's servers on your behalf. You acknowledge that ContextGram reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that ContextGram reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services

The Service includes certain services that are available via a mobile device, including:

• The ability to upload content to the Service via a mobile device
• The ability to browse the Service and the Site from a mobile device
• The ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services")

To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Conditions of Use

User Conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by ContextGram. ContextGram reserves the right to investigate and take appropriate legal action against anyone who, in ContextGram's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

• a.) email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, or libelous.
• b.) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• c.) violate any applicable local, state, national or international law, or any regulations having the force of law;
• d.) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• e.) collect information of or about our users in any impermissible or unauthorized manner;
• f.) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• g.) further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
• h.) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
• i.) cause harm to the service or other users, as determined by the sole judgement of ContextGram.

Special Notice for International Use; Export Controls

Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Commercial Use

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Fees

To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide ContextGram information regarding your credit card or other payment instrument. You represent and warrant to ContextGram that such information is true and that you are authorized to use the payment instrument. You will update your account information with ContextGram for any changes (for example, a change in your billing address or credit card expiration date) that may occur.

You agree to pay ContextGram the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize ContextGram (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred.

If you dispute any charges you must let ContextGram know within sixty (60) days after the date that ContextGram charges you. We reserve the right to change ContextGram's prices. If ContextGram does change prices, ContextGram will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at ContextGram's option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on ContextGram's net income.

Payment Processing

Notwithstanding any amounts owed to ContextGram hereunder, ContextGram does not process payment for any services. To facilitate payment for the Service, we use:

• For International Users: PayPal, Inc. and its affiliates ("PayPal"). These payment processing services are provided by PayPal and are subject to the PayPal terms and conditions and other policies available at https://www.paypal.com/legal and PayPal's Privacy Policy available at: https://www.paypal.com/privacy (collectively, the "PayPal Agreements").
• For Users in India: Razorpay Software Private Limited ("Razorpay"). These payment processing services are provided by Razorpay and are subject to the Razorpay terms and conditions available at https://razorpay.com/terms and Razorpay's Privacy Policy available at: https://razorpay.com/privacy (collectively, the "Razorpay Agreements").

By agreeing to these Terms of Service:

• Users that use PayPal payment functions agree to be bound by the PayPal Agreements, as the same may be modified by PayPal from time to time. You hereby authorize PayPal to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service.
• Users in India that use Razorpay payment functions agree to be bound by the Razorpay Agreements, as the same may be modified by Razorpay from time to time. You hereby authorize Razorpay to store and continue billing your specified payment method to avoid interruptions in payment for your use of the Service.

Please contact PayPal or Razorpay directly for more information about their respective services. ContextGram assumes no liability or responsibility for any payments you make through the Service.

Refunds and Cancellations

Payments made by you hereunder are final and non-refundable, unless otherwise determined by ContextGram. Since payments are not automatically renewed, you will need to manually make payments through your payment provider (PayPal or Razorpay) to continue using the service.

Third Party Distribution Channels

ContextGram offers Software applications that may be made available through the Apple App Store, Android Marketplace or other distribution channels ("Distribution Channels"). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.

Apple-Enabled Software

With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

ContextGram and you acknowledge that these Terms of Service are concluded between ContextGram and you only, and not with Apple Inc. ("Apple"), and that as between ContextGram and Apple, ContextGram, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.

Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service. Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be ContextGram's sole responsibility, to the extent it cannot be disclaimed under applicable law.

ContextGram and you acknowledge that ContextGram, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to:

• (i) product liability claims;
• (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement;
• (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between ContextGram and Apple, ContextGram, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You represent and warrant that:

• (i) 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;
• (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to ContextGram as follows:

Email: support@contextgram.com

ContextGram and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

Intellectual Property Rights

Service Content, Software and Trademarks

You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by ContextGram, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service.

In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by ContextGram from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

The technology and software underlying the Service or distributed in connection therewith are the property of ContextGram, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ContextGram.

The ContextGram name and logos are trademarks and service marks of ContextGram (collectively the "ContextGram Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to ContextGram. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ContextGram Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of ContextGram Trademarks will inure to our exclusive benefit.

Third Party Material

Under no circumstances will ContextGram be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that ContextGram does not pre-screen content, but that ContextGram and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, ContextGram and its designees will have the right to remove any content that violates these Terms of Service or is deemed by ContextGram, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Service

With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By transmitting any User Content through the Service, you hereby grant and will grant ContextGram and its affiliated companies a license to perform the actions necessary to deliver User Content to the intended recipients. For instructions on how to request your information be deleted from our service, please see our Privacy Policy.

You acknowledge and agree that ContextGram may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

• (a) comply with legal process, applicable laws or government requests;
• (b) enforce these Terms of Service;
• (c) respond to claims that any content violates the rights of third parties;
• (d) protect the rights, property, or personal safety of ContextGram, its users and the public.

You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Third Party Login Services

You may enable or log in to the Service via various online third party services, such as Google ("Login Services"). By logging in or directly integrating these Login Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Login Services on the websites of their respective providers. As part of such integration, the Login Services will provide us with access to certain information that you have provided to such Login Services, and we will use, store and disclose such information in accordance with our Privacy Policy.

For more information about the implications of activating these Login Services and ContextGram's use, storage and disclosure of information related to you and your use of such services within ContextGram (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Login Services use, store and disclose your information is governed solely by the policies of such third parties, and ContextGram shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, ContextGram is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Login Services. As such, ContextGram is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Login Services. ContextGram enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Indemnity and Release

You agree to release, indemnify and hold ContextGram and its affiliates and their officers, employees, directors and agents (collectively, "Indemnitees") harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

You and ContextGram acknowledge that the Service is provided on an "as is" and "as available" basis. Your use of the service is at your sole risk. ContextGram expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

ContextGram makes no warranty that:

• (i) the service will meet your requirements
• (ii) the service will be uninterrupted, timely, secure, or error-free
• (iii) the results that may be obtained from the use of the service will be accurate or reliable
• (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations

Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information. By using our Service, you agree to the collection and use of information in accordance with our Privacy Policy.

Termination

You agree that ContextGram, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if ContextGram believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities.

ContextGram may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that ContextGram may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ContextGram will not be liable to you or any third party for any termination of your access to the Service.

General

These Terms of Service constitute the entire agreement between you and ContextGram and govern your use of the Service, superseding any prior agreements between you and ContextGram with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.

These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and ContextGram agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California.

The failure of ContextGram to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You may not assign this Terms of Service without the prior written consent of ContextGram, but ContextGram may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

Changes to Our Terms

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means.

Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

Your Privacy

At ContextGram, we respect the privacy of our users. For details please see our Privacy Policy on our website. By using the Service, you consent to our collection and use of personal data as outlined therein.

Use of Google APIs

ContextGram's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Company Information

ContextGram is a remote-first company with team members distributed globally. Our registered address is:

ContextGram
Shahanas Manzil
Neerkunnam, Vandanam PO
Alappuzha, Kerala
India

please note that we operate as a fully remote company. For support and inquiries, we recommend using our email: support@contextgram.com

Contact Us

Please contact us at support@contextgram.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.