Last Updated on 30th September 2020
LXL Ideas Private Limited (“LXL”) provides a personalized subscription service that allows users to access audio-visual content, live events, learning sessions, films & series (“Krayon Content”) streamed over the Internet to certain Internet-connected mobiles, computers and other devices (“Krayon Ready Devices“), [through the website [•] (“Website”) or mobile application branded ‘Krayon’ (“Application”) (collectively referred to as “Platform”).
1. Eligibility and Access
- 1.1. The User must be at least 18(eighteen) years of age, or the age of majority in the User’s territory or country, to become a use and access the Krayon Service. In the event the Platform is accessed by an individual under the age of 18 (eighteen) years (“Minor”), such access and use shall be deemed to be that of the parent or legal guardian (“Guardian”) of such Minor and the term “User” shall refer to the Guardian in such cases. Minors may only use the Service under the supervision of an adult, and the User hereby represents and warrants that the User is the legal guardian of such Minor accessing the Platform and the Service; and that the User shall ensure that the Minor uses the Service only with the permission and authorization from and under the strict supervision and guidance of the User.
- 1.2. The Service is always evolving and the form and nature of the Service may change from time to time without prior notice to the User. In addition, LXL may stop (permanently or temporarily) providing the Service (or any features within the Service) to the User or to users generally and may not be able to provide the User with prior notice. LXL also retains the right to create limits on use, and features at its sole discretion at any time without prior notice to the User.
- 1.3. [The User agrees that LXL and its affiliates, group companies, third party providers and partners may place advertisements on the Service or in connection with the display of Krayon Content. The types and extent of advertising on the Platform are subject to change.]
2. User Account and Membership
- 2.1. In order to use the Service, the User will have to register on the Platform by providing certain details about him/her, including the User’s name, email address and such other details as may be required and create an account (“Account”). [The User may register on the Platform by logging into the User’s Account with the User’s credentials directly or from certain third-party email networks or social networking sites. The User confirms that the User is the owner of any such third-party account and that the User is entitled to disclose his/her third-party account 1
login information to LXL] . The User authorizes LXL to collect his/her authentication information, and other information that may be available on or through the third-party account consistent with his/her applicable settings and instructions. The User shall not have more than one active Account on the Platform. Additionally, the User is prohibited from selling, trading, or otherwise transferring his/her Account to another party.
- 2.2. The User’s membership on the Platform (“Krayon Membership”) and Account will continue until terminated. To use the Krayon Service the User must have Internet access and a Krayon Ready Device, and make payment of the membership fee as per the subscription plans of the Krayon Service (“Membership Fee”) through one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time on the Platform, and which may include payment through the User’s account with a third party. Unless the User cancels his/her Krayon Membership before User’s billing date, the User authorizes us to charge the Membership Fee for the next billing cycle through the User’s Payment Method (see “Cancellation” below).
- 2.3. We may offer a number of membership plans, including special promotional plans or as a package with memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed upon User sign-up or in other communications made available to the User. The User can find specific details regarding User’s Krayon Membership by visiting our Website or Application and visiting the Account page on the Website and/or the Application.
3. Free Trials
- 3.1. User’s Krayon Membership may start with a free trial. The duration of the free trial of the User’s Krayon Membership will be specified during sign-up and is intended to allow new members and certain former members to try the Service.
- 3.2. Free trial eligibility is determined by LXL at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put the User’s Account on hold in the event that we determine that the User is not eligible. Members of households with an existing or recent Krayon Membership are not eligible. We may use information such as device ID, Payment Method or email address provided on the User Account
1 IndusLaw: LXL to confirm
used with an existing or recent Krayon Membership to determine eligibility. For combinations with other offers, restrictions may apply.
3.3. We will charge the Membership Fee for the next billing cycle through the Payment Method at the end of the free trial period unless the User cancels his/her Krayon membership prior to the end of the free trial period. To view the Membership Fee and end date of the User’s free trial period, please visit our Platform and click on the “Billing details” link on the Account page.
4. Billing and Cancellation
- 4.1. Billing Cycle. The Membership Fee for the Krayon Service and any other charges that the User may incur in connection with his/her use of the Service, such as taxes and possible transaction fees, will be charged through the User’s Payment Method on the specific billing date indicated on User’s Account page. The length of the User’s billing cycle will depend on the type of subscription that the User chooses when he/she signs-up for the Service. In some cases the User’s billing cycle may change, for example if the User’s Payment Method has not successfully settled the Membership Fee or if the User’s paid membership began on a day not contained in a given month. Visit our Platform and click on the “Billing details” link on the Account page to see the User’s next payment date.
- 4.2. Payment Methods. To use the Krayon Service the User is required to make payment of the Membership Fee through one or more Payment Methods. The User authorizes us to charge the Membership Fee through any Payment Method associated to the User’s Account, in case the User’s primary Payment Method is declined or no longer available to us for payment of the User’s Membership Fee. The User remains responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and the User does not cancel or terminate the User Membership, we may suspend the User’s access to the Service until the User successfully pays a valid Membership Fee. For some Payment Methods, the issuer may charge the User certain fees, such as foreign transaction fees or other fees relating to the processing of the Membership Fee through the Payment Method. Local tax charges may vary depending on the Payment Method used. The User should check with his/her Payment Method service provider for details.
- 4.3. Updating Payment Methods. The User can update his/her Payment Methods by going to the “Account” page. We may also update the User’s Payment Methods using information provided by the payment service providers. Following any update, the User authorizes us to continue to charge the applicable Membership Fee through the Payment Method(s).
- 4.4. Cancellation. LXL reserves the right to refuse access to the Service to new users or to terminate access granted to existing Users at any time without according any reasons for doing so. The User can cancel his/her Krayon Membership at any time, and the User will continue to have access to the Krayon Service through the end of the User’s paid Krayon Membership. To the extent permitted by the applicable law, payments made by the User are non-refundable and we do not provide refunds or credits for any partial membership periods or unwatched Krayon Content. To cancel the Krayon Membership, go to the “Account” page and follow the instructions for cancellation. If the User cancels the Krayon Membership, the User Account will
automatically close at the end of subscription existing on the date of cancellation. To see when the User Account will close, click “Billing details” on the “Account” page. [If the User signed up for the Platform using User’s account with a third party as a Payment Method and wish to cancel the User’s Krayon Membership, the User may need to do so through such third party, for example by visiting the User’s account with the applicable third party and turning off auto- renew, or unsubscribing from the Krayon Service through that third party. The User may also find billing information about the User’s Krayon Membership by visiting the User’s Account with the applicable third party.]
- 4.5. Changes to the Price and Subscription Plans. We may change our subscription plans and the Membership Fee of our Service from time to time; [however, any price changes or changes to the User’s subscription plans will apply no earlier than 30 days following a notice to the User]
- Krayon Service
- 6.1. The Krayon Service and any content viewed through the Service are for the User’s personal and non-commercial use only and may not be shared with any third party. During the User’s Krayon Membership we grant the User a limited, non-exclusive, non-transferable right to access the Krayon Service and view Krayon Content. Except for the foregoing, no right, title or interest shall be transferred to the User. The User agrees not to use the Service for public performances, except as otherwise permitted by LXL in relation to any competition or contest organized by LXL.
- 6.2. [The User may view the Krayon Content primarily within the territory of India. The content that may be available to watch will vary from time to time.] The number of devices on which the User may simultaneously access the Platform and the Service depends on the User’s chosen subscription plan and is specified in the “Settings” page.
- 6.3. The Krayon Service, including the content library, is regularly updated. In addition, we continually test various aspects of our Service, including our Website, Application, user interfaces, promotional features and availability of Krayon Content. [The User can turn off tests participation at any time by visiting the “Settings” page and changing the “Test participation” settings.]
- 6.4. Some Krayon Content is available for temporary download and offline viewing on certain Krayon Ready Devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which the User will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. [Some Offline Titles may not be playable outside the Territory of India and if the User goes online in any other country, the Offline Title may not be playable while the User is in such country.] The User shall not download or store Krayon Content on his/her device, unless such download is specifically permitted by LXL.
- (i) access or attempt to access the Service by means other than through the interface provided by the Platform;
- (iii) circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Platform;
- (iv) use any robot, spider, scraper or other automated means to access the Krayon Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Platform;
- (v) insert any code or product or manipulate the Krayon Content in any manner;
- (vi) use any data mining, data gathering or extraction method;
- (vii) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Krayon Service or Platform, including any software viruses or any other computer code, files or programs.
- 6.7. The quality of the display of the Krayon Content may vary from device to device, and may be affected by a variety of factors, such as the User’s location, the bandwidth available through and/or speed of the User’s Internet connection. HD, Ultra HD and HDR availability is subject to the User’s Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all subscription plans allow the User to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. The User is responsible for all Internet access charges. The User may check with his/her Internet provider for information on possible Internet data usage charges. The time it takes to begin watching Krayon Content will vary based on a number of factors, including the User’s location, available bandwidth at the time, the content that the User has selected and the configuration of the User’s Krayon Ready Device.
- 6.8. The Platform is developed for LXL and is designed to enable viewing of Krayon Content through Krayon Ready Devices. The Platform may vary by device and medium through which the Platform is accessed, and functionalities and features of the Platform may also differ between devices. The User acknowledges that the use of the Service may require third party software that is subject to third party licenses. The User agrees that he/she may automatically receive updated versions of the Platform and related third-party software. Notwithstanding anything stated herein, LXL shall not have any obligation to provide updated versions of the Platform or any third-party software.
7. Passwords and Account Access.
- 7.1. The User who creates the Account and pays the Membership Fee (the “Account Owner“) has access and control over the Account and access to our Service and is responsible for any activity that occurs through the Account. To maintain control over the Account and to prevent anyone from accessing the Account (which would include information on viewing history of the Account), the Account Owner should not reveal the password or details of the Account or the Payment Method associated with the Account to anyone.
- 7.2. The User shall ensure that the Account information provided by the User is complete, accurate and up-to-date. The User is responsible for updating and maintaining the accuracy of the information that the User provides to us relating to his/her Account. We can terminate the User’s Account or place the Account on hold in order to protect the User, LXL or our partners from identity theft or other fraudulent activity.
- 7.3. If the User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if LXL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LXL has the right to suspend or terminate the User’s Account and refuse any and all current or future use of the Service (or any portion thereof) at its discretion, in addition to any right that LXL may have
against the User at law or in equity, for any misrepresentation of information provided by the User.
- 7.4. The User agrees to (a) immediately notify LXL of any unauthorized use of the User’s Account information or any other breach of security, and (b) ensure that he/she exits from the Account at the end of each session. LXL cannot and will not be liable for any loss or damage arising from the User’s failure to comply with the above requirements. Further, LXL will not be liable for any loss that the User may incur as a consequence of unauthorized use of the Account either with or without the User’s knowledge.
- 7.5. The User may be held liable for losses incurred by LXL or any other user of or visitor of the Platform due to authorized or unauthorized use of the User’s Account as a result of the User’s failure in keeping the Account information secure and confidential.
8. Acceptable Use
- 8.1. [Users of the Service may upload, post or submit or otherwise make available comments during the live educational sessions conducted on the Platform or on any other Krayon Content, in the form of text and/or media (“User Content”).]
- 8.2. In connection with the use of the Service and Platform, the User agrees that he/she will not:
- (i) violate any law, regulation, or court order;
- (ii) violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or “droit moral,” or other legal rights of any third party;
- (iii) submit, post, display, upload, modify, publish, transmit, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, harmful, abusive, racially or ethnically objectionable, derogatory, defamatory or libelous to any person, pornographic, indecent, or otherwise objectionable (including nudity), blasphemous or invasive of another’s privacy, or threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order;
- (iv) engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Platform, including from any user of the Service;
- (v) transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or limit the functionality of any computer resource or related systems;
- (vi) stalk, harass, threaten, or harm any third party;
- (vii) impersonate any third party;
- (viii) participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
- (ix) use any means to scrape or crawl any part of the Platform;
- (x) access, tamper with the Content, computer systems, or the technical delivery systems of the Platform or its service providers;
- (xi) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- (xii) access or search or attempt to access or search the Krayon Content and/or Services by any means (automated or otherwise) other than through currently available, published interfaces that are provided on the Platform (and only pursuant to these Terms);
- (xiii) attempt to circumvent any technological measure implemented by LXL, any of its service providers, or any other third party (including another user) to protect LXL, the Platform, users or any other third party;
- (xiv) access the Platform to obtain information to build a similar or competitive application, or service;
- (xv) attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used as part of the Platform;
- (xvi) advocate, encourage, or assist any third party in doing any of the foregoing.
9. User Content
- 9.1. The User Content should, at all times, be compliant with the standards set out in section 8 above and must not infringe any rights, including intellectual property rights of any person.
- 9.2. The Service allows the User to access content uploaded, posted or transmitted by other users.
- 9.3. When the User uploads, posts or transmits User Content to or through the Platform, the User grants to LXL a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license in any and all manner and media, whether now known or hereinafter invented or devised (including third party social media channels, websites or platforms), to use and exploit the User Content in any manner LXL deems fit. The User further grants LXL a non-exclusive, royalty-free, universal unlimited license to use the User’s name, image and likeness to identify the User as the source of any of User Content.
- 9.4. The User represent and warrant that:
- (ii) the User Content does not and will not infringe, misappropriate, or otherwise use without necessary authorization, any intellectual property, privacy, publicity, moral, or other rights of any third party, or violate any law, regulation, or court order.
9.5. All User Content is non-confidential, non-proprietary, and must not contain or include any information which the User does not has the right to disclose or that the User does not wishes to be disclosed. LXL will not be responsible or liable for any use or disclosure of User Content, including any personal information included in that User Content.
10. Disclaimer regarding User Content and Third-Party Interactions
- 10.2. The User’s interactions with third parties, including other users, on or through the Service, is solely between the User and the third party and the User agrees not to make LXL a party to any such disputes. However, LXL may, in its sole discretion, intercede and the User will reasonably cooperate with LXL if it does so. The User acknowledges and agrees that LXL will not be responsible for any damages, losses, costs, expenses, or liabilities incurred as the result of such interactions and the User will not make LXL a party to any dispute between the User and any third party with whom the User interacts with on the Service.
- 10.3. The User hereby releases LXL, its parent entity(ies), subsidiaries, group companies, affiliates, related companies, and their respective officers, directors, employees, agents, representatives, partners, and licensors (as applicable) (“hereinafter “LXL Entities”) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such interactions or the Service.
- 10.4. Subject to clause 19.1, in the event of any dispute between the User and any third party with whom the User interacts on the Service, the User may approach the court of appropriate jurisdiction as per applicable laws of India in the User’s place of residence.
11. Proprietary Rights of LXL
- 11.1. Except for the User Content, LXL or its licensors own all right, title, and interest in and to: (i) the Platform and the “look and feel” thereof, including all software, ideas, processes, data, text, media, and other content available on the Platform; and (ii) trademarks, logos, and brand elements. All right, title and interest in and to the Platform, the Service and LXL’s trademarks are and will remain the exclusive property of LXL and its licensors and other partners, as the case may be. Save and except for accessing and using the Services as permitted herein, the User shall not separately use any portion of the Services or the Platform (such as codes, features, branding, trademark, logos, look and feel, content, etc.) in any manner whatsoever without express written approval from LXL.
- Suspension and Termination
14. Warranties and Limitations on Liability.
14.1. The Krayon Service is provided “as is” and without warranty or condition.
- (i) The User’s access to and use of the Service or any Krayon Content is at his/her own risk. The User understands and agrees that the Service is provided to the User on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, LXL Entities disclaim all warranties and conditions, whether express or implied, of title, of merchantability, fitness for a particular purpose, or non-infringement.
- (ii) LXL Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Krayon Content; (ii) any harm to the User’s computer system, loss of data, or other harm that results from the User’s access to or use of the Service, or any Krayon Content; (iii) the deletion of, or the failure to store or to transmit, any Krayon Content and other communications maintained by the Service.
- (iii) No advice or information, whether oral or written, obtained from the LXL Entities or through the Service, will create any warranty not expressly made herein. The LXL Entities will not be liable for any loss that the User may incur as a consequence of unauthorized use of the User’s Account or Account information in connection with the Service, either with or without the User’s knowledge.
- (iv) LXL shall not be responsible for the delay or inability to use Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform or Service, whether based on contract, tort, negligence, strict liability or otherwise. Further, LXL shall not be held responsible for non-availability of the Service during periodic maintenance operations or any unplanned suspension of access to Service that may occur due to technical reasons or for any reason beyond LXL’s control.
- (v) The User understands and agrees that any material or data downloaded or otherwise obtained through the Platform is done entirely at the User’s own discretion and risk, and that the User will be solely responsible for any damage to the User’s computer systems or loss of data that results from the download of such material or data.
14.2. Further our Service may not be uninterrupted or error-free. The User waives all special, indirect and consequential damages against us. LXL shall not be liable or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses resulting from (i) the User’s access to or use of or inability to access or use of the Platform or the Service; (ii) any Krayon Content available on the Platform; or (iii) unauthorized access, use or alteration of the User’s transmissions or content. These terms will not limit any non-waivable warranties or consumer protection rights that the User may be entitled to under the laws of his/her country of residence.
15. Class Action Waiver
WHERE PERMITTED UNDER THE APPLICABLE LAW, THE USER AND LXL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both the User and LXL agree otherwise, the court may not consolidate more than one person’s claims with the User’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Links There may be links to third-party websites or resources on the Platform. The User acknowledges and agrees that LXL is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the LXL Entities of such websites or resources or the content, products, or services available from such websites or resources. The User acknowledges sole responsibility for and assumes all risk arising from the User’s use of any such websites or resources.
- 18.2. Unsolicited Materials. LXL does not accept unsolicited materials or ideas for Krayon Content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to LXL.
- 18.6. Electronic Communications. We will send the User information relating to the User’s Account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to the User’s email address provided during registration.
- 18.10. Assignment: The User shall not be entitled to assign any of his/her rights or obligations hereunder to any third person. LXL shall be entitled to assign or transfer any of its rights or obligations hereunder to any third person.
19. Grievance Redressal
19.1. Any complaints arising from the use of the Service may be addressed to the following:
Name of the Grievance Redressal Officer: The People Team LXL Ideas Private Limited
#175, 2nd Cross Road, Lower Palace Orchards,
Bengaluru, Karnataka 560003
Phone no.: +91 9019111110