Terms of Service

Please read these terms and conditions of use ("Terms of Use") carefully before you launch Chatbaka on your wireless device. Your use of Chatbaka indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use Chatbaka.
These Terms of Use represent the agreement ("Agreement") between you and Telenav, Inc. ("Telenav") with respect to Chatbaka, a Telenav application. All references herein to "you" and "your" means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement.

Telenav may revise these terms and conditions at any time, with or without notice to you. You should visit this page from time to time to review the then current terms and conditions for Chatbaka.
Chatbaka allows you to engage in audio chat sessions with your friends and obtain GPS-assisted navigation instructions to destinations throughout most of the United States or Canada via your wireless device, depending on your device and cellular data availability. Use of Chatbaka requires the download to your wireless device of the Chatbaka software and any upgrades, modifications, or additions thereto (collectively, "Telenav Software"), but does not include any hardware that may be required for certain wireless devices.

Chatbaka is for your personal use and is not for resale or other transfer or disposition to any other person or entity. Chatbaka utilizes map and other data licensed to Telenav by third parties for the benefit of you and other end users. This Agreement includes end-user terms required by these companies (set forth at the end of this Agreement), and thus your use of Chatbaka is limited by and subject to such terms.
Your location and route information
For Telenav to provide Chatbaka, Telenav must record your current location information, and if you choose to navigate to a destination or point of interest within Chatbaka, Telenav will record your route information, including your point of origin, the address of your destination, the starting time of your trip, and the route you are instructed to follow, and must periodically receive your GPS location from the GPS hardware associated with your wireless device.

In using Chatbaka, you allow Telenav to access your GPS hardware and otherwise obtain this location and route information, and to record, compile and display such information internally. Such information is subject to Telenav's privacy policy for Chatbaka located at http://chatbaka.com/privacypolicy.html . Your use of Chatbaka indicates that you accept the terms of this privacy policy, which may be updated from time to time.
Safe and lawful use of Chatabaka
You agree to comply with the following when using Chatbaka:

• Observe all traffic laws and otherwise drive safely.

• Use your own personal judgment while driving. If you feel that a route suggested by Chatbaka instructs you to perform an unsafe or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe, do not follow such instructions.

• Do not input destinations, or otherwise interact with Chatbaka for routing purposes, unless your vehicle is stationary and parked.

• Do not use Chatbaka for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.

• Arrange all GPS and wireless devices and cables necessary for use of Chatbaka in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag).
Telephone charges
You are responsible for any fees assessed by your wireless telephone carrier to access Chatbaka, including any data plan charges, toll, out-of-area, roaming, or other telephone connection charges. Standard messaging rates and other charges may apply when using certain features in Chatbaka, such as MeetUp.
Changes to this policy
We may from time to time update this Privacy Policy, and we encourage you to periodically review this privacy policy to be informed of the latest changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make material changes in the way we use Personal Information, we will notify you by posting an announcement within the app or sending you an email or other message. Users are bound by any changes to the Privacy Policy when they use the app.
Telenav reserves the right to terminate your access to Chatbaka at any time for any or no reason and without notice to you.

You may request to delete your Chatbaka application at any time by notifying Telenav via: (i) an email addressed to support@chatbaka.com; (ii) a letter addressed to Telenav, Inc., 950 DeGuigne Dr., Sunnyvale, CA 94085-3900. Any such deletion by you shall be effected within a reasonable time after Telenav's receipt of your notice. Upon any termination of your Chatbaka account and data, Telenav shall have no liability to you or any further obligations under this Agreement.
Account information
You agree: (a) when signing up for Chatbaka, to provide Telenav with true, accurate, current, and complete information about yourself, and (b) to inform Telenav promptly of any changes to such information to keep it true, accurate, current and complete. You further agree that you are 13 years of age or older and have the authority and rights to download and use Chatbaka on this device.

If you provide Telenav with any information that is untrue, inaccurate, not current or incomplete, or Telenav has reasonable grounds to suspect so, Telenav has the right to suspend or terminate your access to Chatbaka.

All of your account information, as well as other payment and personal information provided by you to Telenav, is subject to Telenav's privacy policy located at http://chatbaka.com/privacypolicy.html . Your use of Chatbaka indicates that you accept the terms of this privacy policy, which may be updated from time to time.
Software license
Subject to your compliance with the terms of this Agreement, Telenav hereby grants to you a personal, non-exclusive, non-transferable license to: (i) download or otherwise copy the Telenav Software onto your wireless device, and (ii) use the Telenav Software (in object code form only) on such wireless device in order to access and use Chatbaka.

This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to Chatbaka.

Except for the limited license expressly granted herein, Telenav shall own all right, title and interest in and to the Telenav Software, including without limitation all intellectual property rights therein.

You agree not to do any of the following:

• Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the Telenav Software, or any part thereof.

• Attempt to derive the source code, audio library or structure of the Telenav Software without the prior express written consent of Telenav.

• Remove from the Telenav Software, or alter, any of Telenav's or its suppliers' trademarks, trade names, logos, patent or copyright notices, or other notices or markings.

• Distribute, sublicense or otherwise transfer the Telenav Software to others.
User content
You are solely responsible for your conduct and any data, text, information, names, images, graphics, and photos (the “Content”) that you submit, post or display on or via Chatbaka. Telenav does not claim ownership of any Content that you post on or through Chatbaka. You represent and warrant that (i) you own the Content posted by you on or through Chatbaka or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through Chatbaka does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through Chatbaka; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction. You agree that Telenav is not responsible for, and does not endorse, Content posted within Chatbaka. Telenav does not have any obligation to prescreen, monitor, edit or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
You are solely responsible for your interaction with other users of Chatbaka. You agree that Telenav is not responsible or liable for the conduct of any user. Telenav reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content. To the fullest extent permissible pursuant to applicable law, in no event will Telenav, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by Chatbaka or the Telenav Software. You are responsible for the entire risk arising out of your use of Chatbaka and the Telenav Software.

Chatbaka and the Telenav Software are provided "as is" and without warranties of any kind either express or implied. Telenav disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.
Other qualifications
You understand and agree that the Telenav Software is downloaded to your wireless device at your own discretion and risk and that you will be solely responsible for any damages to your wireless device, or loss of data, that results from the download of such software.

Telenav does not warrant that Chatbaka or the Telenav Software will not infringe on third party intellectual property rights. Telenav also does not warrant that your use of Chatbaka will be uninterrupted or error-free. Rather, temporary interruptions of Chatbaka may occur from time to time (such as when you drive into an area that has no cell phone coverage or when Chatbaka or your carrier's network is undergoing maintenance). Telenav will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will Telenav be liable for any financial or other damages due to such interruptions.

Telenav also does not warrant the accuracy of the map or other data used for Chatbaka. Such data may not always reflect reality due to, among other things, road closures, construction, weather, new roads and other changing conditions.

Telenav has technological and operational security policies and procedures to protect your information from loss, misuse, alteration, or unintentional destruction, but Telenav makes no representations or warranties regarding the security of Chatbaka or the transmission of data or information to and from Telenav and your wireless device. Telenav will not be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems.
Limitation of liability
To the extent permitted under applicable law, under no circumstances shall Telenav or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of Chatbaka or the Telenav Software, any defects in Chatbaka or the Telenav Software, or any breach of this Agreement, even if Telenav or its licensors have been advised of the possibility of such damages.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.
To the extent permitted by applicable law, you agree to indemnify, defend and hold Telenav and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with i) your access to or use of Chatbaka; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Telenav in the defense of any claim. Telenav reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Telenav.
Attribution and governing law
You agree that any dispute, claim or controversy arising out of or relating to this Agreement, Chatbaka, or the Telenav Software, shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.

This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the County of Santa Clara, California.
This Agreement constitutes the entire agreement between Telenav and you with respect to the subject matter hereof. Telenav's or your failure to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.

You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Telenav. Notwithstanding the foregoing, Telenav may assign this Agreement to any affiliate at any time without notice.

By using Chatbaka, you consent to receive from Telenav all communications, including notices, agreements, legally required disclosures or other information in connection with Chatbaka (collectively, "Notices") electronically. Telenav may provide such Notices by posting them on Telenav's website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of Chatbaka. Telenav may email or send text messages to you from time to time to inform you about our products and services that we think will interest you, unless you inform us that you opt out from receiving such communications.

If you have any questions regarding the terms of this Agreement, please contact Telenav by sending an email to support@chatbaka.com or by writing to Telenav Customer Service, 950 DeGuigne Dr., Sunnyvale, CA 94085-3900. Chatbaka and Telenav and their logos are registered and unregistered trademarks of Telenav. All other trademarks, service marks, logos and trade names used on the Chatbaka app or on www.telenav.com are the property of their respective owners.

NOTE: Additional terms and conditions applicable to you are as follows:
End-user terms required by apple inc.

1. Acknowledgement: The Terms of Use are concluded between you and Telenav, and not with Apple, and Telenav, not Apple, is solely responsible for Chatbaka and the content thereof.

2. Maintenance and Support: You hereby acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Chatbaka.

3. Warranty: In the event of any failure of Chatbaka to conform to any applicable warranty you may notify Apple, and Apple will refund the purchase price for Chatbaka to you; and, to the maximum extent permitted by

applicable law, Apple will have no other warranty obligation whatsoever with respect to Chatbaka, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Telenav's sole responsibility.

4. Product Claims: You hereby acknowledge that Telenav, not Apple, is responsible for addressing any claims of the end-user or any third party relating to Chatbaka or the end-user's possession and/or use of Chatbaka, including, but not limited to: (i) product liability claims; (ii) any claim that Chatbaka fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

5. Intellectual Property Rights: You hereby acknowledge that, in the event of any third party claim that Chatbaka or your possession and use of Chatbaka infringes that third party's intellectual property rights, Telenav, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

6. 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 that has been 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.

7. Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using Chatbaka.

8. Third Party Beneficiary: You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the Terms of Use, and that, upon the your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof.

Effective as of April 1, 2015