LAST UPDATED: DECEMBER 1st 2021

EFFECTIVE: JULY 2020

This end user licence agreement (“Eula”) is a legal agreement between you (“end user, your or you”) and Glance inmobi pte. ltd., having its registered office at 30 cecil street, #19-08, prudential towers, singapore 049712 acting on behalf of itself and its affiliates (“Glance, us, our or we”). the eula governs your use of the Glance platform.

“Affiliates” as used herein means, with respect to Glance, an entity that directly or indirectly controls, is controlled by or is under common control with Glance. “Control” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interest of an entity.

“Glance platform” means and refers to Glance’s proprietary platform (application/software/website/feature or as made available in any other format) which enables end-users to explore and discover content or services through lock-screen including interesting stories, current affairs, events, games, advertisements, etc. as they unlock their phone. The platform also enables Glance’s partners to display advertisements, promotional offers and /or games on mobile device and sites.

The Glance platform may either be (I) Pre-loaded within your mobile, tablet, wearable and/or any other smart device used (“device”); (II) Integrated with an application or widget on your device; (III) Downloaded and installed by you from a third-party application store; (IV) Viewed on the website.

Please carefully read this eula before downloading, subscribing to, accessing or using the Glance platform.

The terms of use are further set out below.

What does Glance offer You:

The Glance Platform provides easily accessible content that may be of interest to you such as current affairs, images, text snippets, gifs, infographics, stories, gaming experience, videos, wallpapers, audio-visual programs, or such other information (“Content”). Such Content may be generated, developed or produced by Glance (“Owned Content”) or aggregated, obtained and/or licensed through third party sources (“Third Party Content”). For the avoidance of doubt, Owned Content may incorporate or include certain Third-Party Content. Glance Platform therefore enables Your easy access and assists You to find relevant information of Your interest. Using the feature under ‘More’ or such other icon, You, can subsequently discover and access more information about a particular Content, either within the Glance Platform or by accessing the links to third-party webpages, applications or other such landing pages. It may also feature advertising tailored to your interests. Some Content may further have a call to action to install an application at the user’s election.

The Glance Platform also provides online games as part of Content, Owned Content or Third Party Content. You must be a legal resident of the Republic of India and 18 years or above at the time of entry, to be eligible to play and participate in such games/contests. You are required to be aware that your accessibility to these games / contests, depend on your location at the time of accessing such games and as per provisions of applicable law. Glance may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in certain games/contest(s). We may, in our sole discretion, disqualify any individual found to be: (a) acting in violation of these rules; or (b) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person.

TERMS OF USE

1. GENERAL

1.1 By installing, subscribing to, accessing or using the Glance Platform, you agree to this EULA. If you do not agree to this EULA, you may elect to uninstall or unsubscribe from the Glance Platform and/or some of its features may not be made available to You. The Glance Platform may also fail to operate and provide You with optimum experience. In the event, the Glance Platform is pre-loaded in Your Device and you do not agree to this EULA, please visit the settings page on Your device to disable ‘Glance’ or ‘Glance Experience’ as made available in the such settings page.

1.2 This EULA applies without prejudice and is subject to any software and Device licences and/or terms of use that you may have entered into or accepted for the use of the third-party application store/platform or the application/ Device in which Glance Platform is bundled/pre-loaded, as applicable.

1.4 You affirm that You are 18 years of age or above, or if You are a minor (i.e. less than 18 years of age), 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 EULA, and to abide by and comply with these EULA. You must not access Glance Platform or accept this EULA if You are a person who is either barred or otherwise legally prohibited from receiving or using Glance Platform under the laws of the country in which You are resident or from which You access or use Glance Platform.

1.5 You may use the Glance Platform and the Content only in geographic locations where we offer our service and have licensed such Content. The Content that may be available to watch will vary by geographic location and will change from time to time.

2. ACKNOWLEDGEMENTS

You agree and acknowledge that:

2.1 The Glance Platform includes Third Party Content, advertising information or promotional material (“Ad-Content”) and it is hereby clarified that Glance is not responsible or liable for any Third Party Content and/or Ad-Content, the intellectual property and other proprietary rights in the Third Party Content and/or Ad-Content. Glance is not responsible for the accuracy of any Content which may be accessed by You and Your use of the Glance Platform, the Ad-Content and the Content, including Your election to view, interact with or action upon the same is at Your sole risk and discretion.

2.2 You will need to make Your own independent judgment regarding Your (i) direct interaction with any third-party landing pages/ websites/ applications where Glance redirects You; or (ii) Your participation in promotions or interaction with Third Party Content of any advertisers, content providers, e-commerce partners, reward partners or payment facilitators even if you elect to engage with any such content such as games, promotions, advertisement, product purchase on the Glance Platform. We assume no liability for the same and Your correspondence or business dealings with, or participation in promotions/content of advertisers, content providers, e-commerce partners, reward partners or payment facilitators found on Glance Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between You and such third party. We urge you to refer and review the terms of use, warranties and license agreements of such third-party promotions, content partners, streaming partners, e-commerce partners ,sponsors, advertisers, websites, applications and other landing pages that you interact with.

2.3 Where applicable, Glance attributes Content to the relevant Third Party Content provider/ licensor. If you believe the Content infringes the intellectual property or other proprietary rights, please contact the third-party Content provider.

2.4 Mobile internet transmissions are never completely private or secure and the transmission of Content and Your use of the Glance Platform maybe affected, interrupted or disrupted for reasons beyond Glance’s reasonable control. Any message or information You send using Glance Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

2.5 For Glance Platform to provide optimum End User experience, we may collect and/or obtain certain End User information (including device-related information, IP address, location data etc.). All such End User information shall be collected, used and processed in accordance with the provisions of the Privacy Policy. The Privacy Policy explains how we collect, use and share Your data when You use Glance Platform. Glance Platform provides You the ability to disable certain features or opt out of targeted advertising. To change these settings, please visit the settings page of Your Device as stated above. For opting out of targeted advertising you may use the limit ad tracking feature by Google Ads or similar features in Your Device.

2.6 These Terms apply to all users of the Glance Platform, including those users who view and access the Content and also users who are contributors of the Materials. “Materials” includes the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials. comments and content that You may contribute in any manner on a particular section of Glance Platform via certain product features or functionalities to the Glance Platform. This includes Your contributions to the message boards and chats.

2.7 If You are participating in any gaming, talent hunt or other contests on the Glance Platform, Your participation will be subject to the contest specific terms as we will notify You about from time to time. We may ask you to provide additional data and information for the purposes of communicating regarding the contests and disbursing rewards (including without limit postal address, PAN and bank account details for disbursing rewards) and may also share the same with Our rewards / logistics partners limited to the specific purpose.

3. OWNERSHIP AND GRANT OF LICENCE

3.1 You acknowledge that (i) all rights, title and interest including without limitations the intellectual property rights in the Glance Platform, software, and Content used within and along with it anywhere in the world belong to us and/or our licensors and/or our content providers, (ii) rights in the Glance Platform is licensed (not sold) to You and You have no rights in, or to, the Glance Platform other than the right to use the Glance Platform in strict conformity with the terms of this EULA.

3.2 In consideration of You agreeing to abide by the terms of this EULA, we grant You a revocable, non-sub-licensable, non-transferable, non-exclusive limited right and license to access and use the Glance Platform in object code only, subject to terms of this EULA and other terms incorporated by reference. We hereby expressly reserve all other rights, title and interest in the Glance Platform and the Content.

3.3 You agree that the Glance Platform and the Content viewed through the Glance Platform is solely for your personal use only.

4. LICENSE AND CONTENT RESTRICTIONS

LICENSE RESTRICTIONS

4.1 Except as expressly set out in this EULA, You agree:

(a) not to copy the Glance Platform (including its specific design, user interface) except where such copying is incidental to normal use of Glance Platform, or where it is necessary for the purpose of back-up or operational security;

(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Glance Platform;

(c) not to make alterations to, or modifications of, the whole or any part of Glance Platform, or permit the Glance Platform or any part of it to be combined with, or become incorporated in, any other programs including any root software;

(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Glance Platform or attempt to do any such thing except to the extent permitted by applicable law solely because it is essential for the purpose of achieving inter-operability of Glance Platform with another software program, and provided that the information obtained by You during such activities:
(e) not to provide or otherwise make available the Glance Platform in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

1. is used only for the purpose of achieving inter-operability of Glance Platform with another software program;
2. is not disclosed or communicated without our prior written consent to any third party; and is not used to create any software that is substantially similar to the Glance Platform;

(f) to comply with all technology control or export laws and regulations that apply to the technologies used or supported by Glance Platform in Your use of the Platform.

CONTENT RESTRICTIONS

4.2 You may not

(a) use Content in an obscene, pornographic, defamatory, disparaging, infringing or other unlawful manner or in violation of any applicable laws, proprietary or privacy rights;

(b) Unless expressly permitted pursuant to Glance Platform, use the Content for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose;

(c) share, aggregate, re-distribute, reproduce, download, sub-license, publish, copy, create derivative works, offer for sale or use the Content and/or Ad-Content displayed on Glance Platform (unless You are specifically permitted by way of a ‘Share’ or ‘Copy’ button); and/or

(d) re-order, modify, edit obscure or truncate in anyway the Content. Ad-Content or Glance Platform.

(e) Publish, broadcast, rewrite for broadcast or publication or redistribute directly or indirectly in any medium any Agence France-Presse (“AFP”) text, photo, graphic, audio or video material. AFP news material may not be stored in whole or in part in a computer or otherwise except for personal and non-commercial use. AFP or Glance will not be held liable for any delays, inaccuracies, errors or omissions in any AFP news material or in transmission or delivery of all or any part thereof or for any damages whatsoever. As a newswire service, AFP or Glance do not obtain releases from subjects, individuals, groups or entities contained in its photographs, videos, graphics or quoted in its texts. Further, no clearance is obtained from the owners of any trademarks or copyrighted materials whose marks and materials are included in AFP material. Therefore, you will be solely responsible for obtaining any and all necessary releases from whatever individuals and/or entities necessary for any uses of AFP material.

5. ACCEPTABLE USE RESTRICTIONS

You must:

5.1 not use the Glance Platform in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into Glance Platform or any operating system and shall at all times remain compliant with laws applicable to Your use of Glance Platform;

5.2 not infringe Our intellectual property rights or those of any third party or any license terms in relation to Your use of Glance Platform or any service associated (to the extent that such use is not licensed by this EULA);

5.3 not use the Glance Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

5.4 not collect or harvest any information or data obtained from any Glance Platform or our systems or attempt to decipher any transmissions to or from the servers running any service for the Glance Platform including attempt to sale, resale, broker, re-broker, reverse-engineer or make derivative works of such data.

6. YOUR MATERIALS, CONDUCT AND RESPONSIBILITY

6.1 You shall be solely responsible for Your Materials and the consequences of submitting and publishing Your Materials on the Glance Platform. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish Materials that You submit; and You license to Company all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Glance Platform pursuant to these Terms. You may remove Your Materials from the Glance Platform at any time. You must remove Your Materials if You no longer have the rights required by these Terms

6.2 If you are uploading and providing Your Materials, which may be considered as advertised, marketed, sponsored, paid promotions, etc., You are required to clearly indicate such Materials appropriately and include appropriate disclaimers and disclosures as required under applicable laws relevant industry body guidelines, and any other guidelines applicable to the sponsoring brands, products and services You are promoting, advertising or marketing.

6.3 By posting information on the Glance Platform or otherwise using any communications service, comments board, or other interactive service that may be available to You on or through the ‘GLANCE’ Platform, You agree that You will not upload, share, post, or otherwise distribute or facilitate distribution of any Materials that breach the Content Guidelines including without limit:

6.4 Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another user’s privacy, or is otherwise tortious or contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Company’s content guidelines, rules or policies;

6.5 Harms minor in anyway or is grossly harmful, blasphemous; hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling;

6.6 Victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, disability, or other legally protected basis

6.7 Belongs to another person and to which the user does not have any right to and/or infringes on any right of publicity, moral right, or other proprietary right of any party;

6.8 constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

6.9 contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

6.10 impersonates any person or entity, including any of Our employees or representatives or deceives or misleads the addressee about the origin of such Content and/or messages or communicates any information which is grossly offensive or menacing in nature;

6.11 threatens the unity, integrity, defence, security or sovereignty of any nation, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

6.12 You acknowledge that We neither endorse nor assume any liability for the contents of any Material uploaded or submitted by third party users of the Glance Platform. We have no obligation to pre-screen, monitor, or edit the Content posted by users of communications services, comments boards, or other interactive services that may be available on or through the Glance Platform. However, We may elect to pre-screen, monitor or edit any content to the extent required to be in compliance with applicable laws and Glance’s policies and guidelines. Additionally, We and Our agents have the right at Our sole discretion to remove any Materials that, in Our judgment, does not comply with these Terms and any other rules of user conduct for Our Glance Platform, or is otherwise harmful, objectionable, or inaccurate. You agree that We are not responsible for any failure or delay in removing such Materials. You hereby consent to any such removal deemed appropriate by Us, and, You waive any claim against Us arising out of such removal of Materials and agree to indemnify and hold Us harmless from any and all claims asserted based upon such removal. See “Unauthorised Use of Materials/Content” below for a description of the procedures to be followed in the event that any party believes that Materials posted on the ‘GLANCE’ Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party.

6.13 If Glance reasonably believes that any Material is in breach of these Terms, applicable laws, or any legal or contractual obligations of Company, or may cause harm to Company, its users, or third parties, it may remove or take down that Materials at its discretion, without any liability whatsoever.

6.14 For clarity, You retain all of Your ownership rights in Your Materials. However, by submitting Materials to Glance, You hereby grant Glance a worldwide, non-exclusive, royalty-free, commercial use, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, re-brand, publish, adapt, make available online or electronically transmit, and perform the Materials in connection with the Glance Platform, Glance’s (and its successors’ and Affiliates’) and/or its third-party partner’s and/or collaborator’s business including without limitation for promoting and redistributing part or all of the Materials (and derivative works thereof) in any media formats and through any media channels including without limitation on Glance’s owned and/or operated content platforms, sites, and/or applications (collectively “Glance Properties”). You also hereby grant each user of the Glance Properties a non-exclusive license to access Your Materials through the Glance Properties, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Materials as permitted through the functionality of the Glance Properties and under these Terms.

6.15 Subject to applicable laws including as per the laws, at Our sole discretion, We may employ automated monitoring devices or techniques to protect Our users from mass unsolicited communications (also known as “spam”, other types of electronic communications that We deem inconsistent with Our business purposes, and/or content that is breaching our Content Guidelines and these Terms. However, such devices or techniques are not perfect and may affect the transmission of both legitimate and unsolicited content/ communications between parties. Regardless, You agree that We are not responsible for any legitimate content, Materials and communication that is blocked, or for any unsolicited content, Materials and communication that is not blocked. Glance will not be responsible for any information shared between the users. Glance will retain Your Materials, information and communications for internal quality monitoring purposes, content moderation and take down, or otherwise as required under applicable laws including the applicable laws.

7. TRADEMARKS AND COPYRIGHTS

Glance, the Glance logo and other Glance trademarks, service marks, graphics, and logos used in connection with the Glance Platform are trademarks or registered trademarks of Glance and/or its Affiliates in various jurisdictions. You are not granted any right or license with respect to any of the aforesaid trademarks and any use of such trademarks. Further, all copyright in and to the Glance Platform and/or the Content is the copyright of Glance and/or its licensors and content providers. All such copyright and marks are protected under applicable copyright, trademark, and other domestic and international proprietary rights laws. The unauthorized copying, modification, use or publication of the Glance Platform, Content and these marks is strictly prohibited. Any violation of copyright and other proprietary laws may result in severe civil and criminal penalties, including monetary damages.

8. UNAUTHORIZED USE OF MATERIALS/CONTENT

8.1 We view the removal or “take down” of Content from the Glance Platform as a significant step. Consequently, if You believe Your copyright has been infringed by a posting on the Glance Platform, We ask that You send us a written notification in the manner provided below. To be effective and to support immediate removal of the allegedly infringing Material or Content, Your notification to us needs to include the following:

a. Detailed identification of Your copyrighted or otherwise protected work that You believe has been infringed.

b. Identification of the specific Content or Material on the Glance Platform that You claim is infringing Your copyrighted or otherwise protected work

c. Your contact information (email address preferred).

d. Contact information for the owner/administrator of the allegedly infringing webpage or other Content (email address preferred).

e. You must also include the following statements in Your written notification:

“I have a good faith belief that use of the copyrighted materials work described in this notification as allegedly infringing is not authorized by the copyright owner, its agent, or the law.

I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

f. You must then sign Your written notification.

g. Finally, send the completed written notification to support@glance.com

9. LIMITED WARRANTY AND DISCLAIMER

9.1 Any implied warranties including those prescribed by statute are expressly disclaimed.

9.2 To the maximum extent permitted by law, the Glance platform is provided to you “as is,” with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and performance resides with you. Glance, Glance’slicensors, and device partners do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including but not limited to location data), merchantability, satisfactory quality, fitness for a particular purpose, noninfringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. Glance, Glance’s licensors, affiliates and device partners do not warrant against interference with your enjoyment of the Glance platform; will meet your requirements; that the Glance platform will be uninterrupted or error-free, or that the Glance platform will interoperate or be compatible with any other service or that any errors in the Glance platform will be corrected. no oral or written advice provided by Glance, its affiliates Glance’s licensors and device partners or any authorized representative shall create a warranty. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations apply only to the fullest extent permitted by law in the applicable jurisdiction.

9.3 Certain features and functionalities of Glance may fall under the definition of an intermediary platform in accordance with the applicable laws. We allow users to acess and use content and contribute materials, while exercising diligence to the extent reuqired under the applicable laws. We do not refer, endorse, recommend, verify, evaluate or guarantee any actions, outcome, information in connection with this Glance platform or the content or materials, nor do we warrant the validity, accuracy, completeness, safety, legality, quality, or applicability of anything said, displayed, promoted or provided for in this Glance platform, as it is intended solely for entertainment purposes. the user is responsible for his/ her own decisions and actions undertaken including while providing any materials.

9.4 Reward Disclaimers

a) Winners of any gaming contests, surveys, rewards program, etc. conducted on the Glance Platform may be entitled to rewards and prizes (including without limitation gift vouchers as specified in the respective contests / program announcements) (“Rewards”). Glance shall have no liability for any unclaimed Rewards. Any graphics of the Rewards as depicted in the announcement are for creative representation purposes only. The actual Rewards may differ in content, colour and appearance. The winners shall be solely liable to comply with the applicable laws and regulations or any third-party terms and conditions, in order to redeem and/or avail the benefits of the Rewards.

b) In the event the Rewards comprise of vouchers, such vouchers will only be valid for a particular duration as mentioned in the vouchers and will expire thereafter. Glance or its Reward Partner will have no responsibility to reissue or extend the vouchers. To the extent valid vouchers are issued, Glance disclaims all responsibility associated with the Rewards, including without limitation, terms and conditions, any warranties, product liability or merchantability and/or any additional costs associated with the Rewards and/or its redemption which may not specifically be included in the Rewards.

c) The Rewards are non-exchangeable, non-transferable, and is not redeemable for other items or prizes. Glance retains the right to substitute the Rewards with any another reward of similar value in the event the Rewards are not made available to the Winners.

d) Glance may, to the maximum extent permitted by applicable law and in our sole discretion, change these rules or cancel these games/contests at any time; or modify, terminate, or suspend the games/contests including where viruses, worms, bugs, unauthorized human intervention or other causes beyond our control, corrupt or impair the administration, security, fairness or proper play of the game/contests.

e) We are not responsible for: (a) lost, misdirected, late, incomplete, or unintelligible entries or for inaccurate entry information, whether caused by You or by any of the equipment or programming associated with or utilized in the games/contest, or by any technical or human error that may occur in the processing of entries; (b) any printing or typographical errors in any materials associated with the games/contests; (c) any error in the operation or transmission, theft, destruction, unauthorized access to, or alteration of, entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the Internet or at any website; or (d) injury or damage to Your or any other device resulting from downloading any materials in connection with these games/contests.

f) By participating in these games, reward programs, contests, etc. You will be legally bound hereby, to release from liability, and hold harmless Glance, and any of its employees or agents representing or related to the company and its products. This release is for any and all liability for personal injuries (including death), property loss or damage, and misuse of promotional prize, in connection with any activity or directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize or participation in the games/contests, even if caused or contributed to by our negligence.

g) There maybe additional terms published/announced for each of the games, reward programs, contests, etc. and it is Your responsibility to keep an eye and accordingly comply.

10. LIMITATION OF LIABILITY

10.1 In no event will Glance, its affiliates and/or licensors be liable for loss of profits, special, incidental or consequential damages resulting from possession, access, use or malfunction of the inmobi application, including but not limited to, damages to property, Loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages, property damages or punitive damages from any causes of action arising out of or related to this eula, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Glance, its affiliates and/or its licensors have been advised of the possibility of such damages. In no event shall Glance’s, its affiliates’ and/or its licensors’ liability for all damages (except as required by applicable law) exceed an amount of five hundred united states dollars. These limitations of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted. this eula gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.

10.2 Nothing in this EULA shall limit or exclude our liability for:

(a) death or personal injury resulting from our gross negligence;

(b) fraud or fraudulent misrepresentation; and

(c) any other liability that cannot be excluded or limited by applicable laws.

11. TERMINATION

11.1 This EULA will terminate automatically if you fail to or Glance suspects that you have failed to comply with its terms and conditions. In such event, Your Glance Platform may be disabled and You must cease using the Glance Platform, the Content and other materials comprising the Glance Platform. Glance reserves the right, without liability, to change, suspend, remove, disable or terminate access to the Glance Platform, Content and other materials comprising the Glance Platform or certain areas or features of the Glance Platform, at any time for any reason (including without limitation to protect our interests, on account of investigation for a suspected violation of this EULA or as a result of us finding that a violation of this EULA has occurred), with or without notice. Glance further reserves the right to change, modify, update, impose limits, deny or create different access to the use of the Glance Platform, the Content and materials comprising the Glance platform and/or its features, or any part thereof, without prior notice provided however that Glance will comply with all applicable privacy laws in implementing such changes.

11.2 As stated above, in the event the Glance Platform is pre-loaded in Your Device, You may visit the settings page on Your device to disable ‘Glance’ or ‘Glance Experience’ as made available in the such settings page (unless any of our Device partners have disallowed such removal from the Device, in which case, please exercise alternative opt out options provided by the Device partners).

12. INDEMNITY

You hereby agree to defend, indemnify and hold harmless Glance, its Affiliates, licensors, officers, directors, employees and agents, from and against any and all claims, damages, actions, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the Glance Platform, Content and any materials comprising the Glance Platform; (ii) Your violation of any term of this EULA; (iii) Your violation of any third party rights. This defense and indemnification obligation will survive this EULA and Your use of the Glance Platform.

13. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA: (a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

14. OTHER IMPORTANT TERMS

14.1 MISCELLANEOUS: This EULA and the Privacy Policy represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Glance reserves the right, at its discretion, to change, modify, add or remove portions of this EULA provided that in case of any material changes which impacts the rights and obligations of the End User, Glance shall attempt to notify the End User of such material changes and shall post the updated material terms on this page. The date the EULA was last revised is identified at the top of the page. Subject to requirements of express consent under any applicable data privacy laws which we comply with, Your continued use of the Glance Platform after we make changes is deemed to be acceptance of those changes, so please check the applicable EULA and/or policy(ies) periodically for updates. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.

14.2 GOVERNING LAW AND DISPUTE RESOLUTION: Except in cases of exclusive jurisdiction of applicable local laws or where expressly prohibited by applicable laws, this EULA, its subject matter and its formation, are governed by Singapore law. You and we both agree that the courts of Singapore will have non-exclusive jurisdiction.

14.3 CONTACT INFORMATION AND GRIEVANCE OFFICER:

(a) Customer Support: Any enquiries You may have about Our service and features or if You need assistance with the Glance Platform, You may write to Us at support@glance.com

(b) Data Privacy: To ask questions on data privacy, exercise applicable data subject rights (to the extent you may enjoy any data subject rights as per privacy laws applicable to you) and our privacy practices, please e-mail us at privacy@glance.com .

(c) Reporting Objectionable Content to Grievance Officer: If you see something objectionable, offensive, or adversely affects you or your community, you can report it to our Grievance Officer at grievance@glance.com with the relevant details of your complaint/ concern.

Please keep in mind that mere reporting to the Company doesn’t guarantee that certain content will be removed from the Glance Platform, however, we are committed to creating a safe environment and will consider all your genuine grievances/ complaints.