Terms of Service

Welcome to PhoneSQL! These Terms of Service ("Terms") govern your use of our website located at https://phonesql.com, and our app available through the Apple App Store and Google Play Store collectively referred to as (the "Service"). These Terms are a binding legal agreement between you, the user of the Service ("you" or "User"), and Premsan Consulting Private Limited, the owner and operator of the Service ("we," "us," or "our").

Please read these Terms carefully before accessing or using our Service. By accessing or using any part of the website or application, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

1. Acceptance of Terms

By creating an account, making a purchase, downloading our application, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference into this agreement and is essential for understanding how we handle your data.

2. User Accounts

Account Creation: To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process.

Account Responsibility: You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree to notify us immediately of any unauthorized use of your account.

Eligibility: You must be at least 13 years old to use this Service. By agreeing to these Terms, you represent and warrant that you meet this age requirement.

3. User Conduct and Prohibited Activities

As a condition of use, you agree not to use the Service for any purpose that is unlawful or prohibited by these Terms or the policies of the app store from which you downloaded the application. You are expressly prohibited from:

• Posting or transmitting any content that is abusive, harassing, defamatory, obscene, fraudulent, or invasive of another's privacy.
• Violating any applicable local, state, national, or international law.
• Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
• Uploading or transmitting viruses, worms, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service.
• Attempting to gain unauthorized access to the Service, other user accounts, or computer systems or networks connected to the Service.
• Using any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

4. Intellectual Property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Premsan Consulting Private Limited and its licensors. The Service is protected by copyright, trademark, and other laws of both INDIA and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Premsan Consulting Private Limited.

5. User-Generated Content

If our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, or other material ("Content"), you are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable license to publish, and distribute it on the service. You also grant us the right to use the name that you submit in connection with such Content.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

6. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Any requests for refunds for purchases made through a mobile application must be directed to the app store from which you made the purchase (i.e., the Apple App Store or Google Play Store), and will be governed by their respective refund policies.

IN NO EVENT SHALL Premsan Consulting Private Limited, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.

8. Indemnification

You agree to defend, indemnify, and hold harmless Premsan Consulting Private Limited and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of INDIA, without regard to its conflict of law provisions.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

11. Terms Related to Mobile Applications

The following terms apply if you download, access, or use our mobile application (the "Application") from the Apple App Store or the Google Play Store.

a. Additional Terms for Apple App Store Users

Acknowledgement: You and Premsan Consulting Private Limited acknowledge that these Terms are concluded between you and Premsan Consulting Private Limited only, and not with Apple Inc. ("Apple"). Premsan Consulting Private Limited, not Apple, is solely responsible for the Application and its content.

Scope of License: The license granted to you for the Application is a limited, non-transferable license to use the Application on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

Maintenance and Support: We are solely responsible for providing any maintenance and support services for the Application. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services.

Warranty: In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.

Product Claims: We, not Apple, are responsible for addressing any claims by you or any third party relating to the Application, including: (i) product liability claims; (ii) any claim that the Application fails to conform to any legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights: In the event of any third-party claim that the Application infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the Application. For example, if the Application utilizes a third-party service for data, mapping, or other features, your use of such features is also subject to that third party's terms of service. Premsan Consulting Private Limited is not a party to those agreements and has no responsibility for the content or obligations of any third-party terms. You are solely responsible for reviewing and complying with any such third-party terms.

Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

b. Additional Terms for Google Play Store Users

Acknowledgement: These Terms are between you and Premsan Consulting Private Limited only, not with Google LLC ("Google"). Your use of the Application must also comply with the then-current Google Play Terms of Service.

Privacy: Your use of the Application is subject to our Privacy Policy, which details how we collect, use, and disclose your information. You acknowledge that you have read our Privacy Policy. We are solely responsible for compliance with all applicable privacy laws and regulations, including those stipulated by the Google Play Developer Policies.

In-App Purchases and Subscriptions: If you purchase an auto-renewing periodic subscription through the Application, your Google Play account will be billed at the start of each subscription period. You can manage and cancel your subscriptions at any time through the subscription settings in your Google Play account. Any pricing, free trials, and promotions will be clearly stated at the point of purchase.

Updates: You acknowledge that we may from time to time issue upgraded versions of the Application and may automatically electronically upgrade the version of the Application that you are using on your device. You consent to such automatic upgrading on your device and agree that these Terms will apply to all such upgrades.

Responsibility: Google has no obligation or liability to you with respect to the Application or these Terms.

12. Contact Us

If you have any questions, complaints, or claims with respect to the Service or these Terms, please contact us. Please include your full name and address for any formal claims.

Premsan Consulting Private Limited
304 Sector B, Damodar Nagar
Hajipur, Bihar, 844101
India

Email: admin [at] premsan [dot] com
Website: https://phonesql.com/contact