Datacultr Fintech Limited (hereafter known as the “Company”) owns and operates an online technology platform for the purpose of securing android device financing and smartphone as a collateral for persons to register for obtaining financial loans from financial institutions for the purpose of buying a smartphone or a loan while keeping their smartphone as a collateral. The company also offers a comprehensive device delinquency management and customer education solution for enterprise use by providing additional security and protection for the Android operating system.
In addition, it provides an automatic update service for its Odyssey platform. This automatic update service will continuously update new security policies to detect and counteract new malicious code, and other security risks on your device.(You may incur a mobile data charge from your carrier.)
By registering with Odyssey and by using the Company’s Platform or Services (referred to collectively as “Services” or “Odyssey”), you understand and agree that Odyssey will treat your use of the Services as acceptance of these terms and conditions (“Terms”) from that point onwards. You may refuse to consent to your information being collected/used. However, this information is essential for service provision, and so if you refuse consent you may not be able to use the service.
The Company will collect, and use your information to provide these services.
Personal Information Collected: The company collects the personal information stated below from users when they use services for the first time. The user is entitled to not give their consent to the collection/use of their personal information other than the required minimum information (Requirements) in accordance with this Consent Form for Collection/Use of Personal Information.
Requirements: Odyssey License Key, IMEI, Serial Number, MODEL description/name of your mobile device, device OS Version, MCC (Mobile Country code), MNC (Mobile network code), IMSI (SIM identification number), Country ISO code, Client Timezone, Odyssey SDK Version, Odyssey SDK API usage time / frequency, and configured result/time of device configuration.
Purpose of Collecting and Using Personal Information: The Company uses the personal information collected for service provision (service activation), device management, communication including and without limitation, SMS messages, WhatsApp, calls using pre-recorded messages or artificial voice, and notifications sent via our mobile application, product and service improvement, or statistical purposes.
Retention and Use Period of Personal Information: In principle, where the purpose of the collection and use of a user’s personal information is fulfilled, the Company shall destroy the relevant information without delay. If the information needs to be retained pursuant to related laws, however, the Company retains it for the time periods prescribed by the laws. This information is not used for other purposes.
You acknowledge and agree that the Company owns all legal rights, titles and interests in and to the Platform, Services, Apps, Website including any intellectual property rights which subsist in the Services (whether those rights are registered or not, and wherever in the world those rights exist).
You understand that you do not have the right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the Services.
You further acknowledge that the Services may contain information which is designated confidential by the Company and that you shall not disclose such information without the Company’s prior written consent.
You will not copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Services.
You agree not to use the platform, services or the website for any purpose that is unlawful, illegal or forbidden by these Terms, or any local laws that might apply to you. The Company may, at its sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of the app, website or the availability of the app or website itself. The Company’s may modify these Terms, at any time, by posting notice on the website at least ten (10) days before any modification becomes effective.
All content and services provided on the platform, service, app or website are provided on an “as is” and “as available” basis. The company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. The company makes no warranty, and expressly disclaims any obligation, that: (a) the content will be up-to-date, complete, comprehensive, accurate or applicable to my circumstances; (b) the platform or services or website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the platform or the integrated services or website will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the app or site will meet your expectations.
The company (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the platform or the integrated services or website), or (ii) any use of the website or content, or (iii) the performance or non-performance by the company or any provider or (b) any damages to or viruses that may infect your computer equipment or mobile device or other property as the result of your access to the app website or your downloading of any content on your smartphone.
You will not assign or otherwise transfer your rights or obligations under these Terms. The company may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to you.
The English Common Law, without regard to its conflict of laws rules, will govern these Terms. In case of any legal action courts located in DIFC, UAE will have jurisdiction over such matters. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the legal action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees.