We are Vulu, and we have created a service-oriented mobile platform for our users to address their service-related problems instantly. PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below (“Terms of Use”) constitute a legally-binding agreement between Vulu and you. These Terms of Use (the “Terms” or “Agreement,” including our Privacy Policy) apply to everyone who uses or accesses our software platform, mobile applications, content and services (collectively, our “Services”).

If you use any of our Services, then you agree to be bound by these Terms and agree that you: (i) have read and understood these Terms; (ii) are at least eighteen (18) years old and have the legal authority to accept these Terms; and (iii) agree to be legally bound by these Terms. If you do not want to be bound by these Terms or if you do not agree to these Terms, then you cannot use or access our Services.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST VULU ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

In these Terms, “we,” “us,” “our” and “Vulu” all refer to Vulu Technologies Pvt. Ltd., These words also include any independent contractors, partners or vendors who sometimes do work for us or on our behalf. “You” and “Your” refer to you, as a user of our Platform or Services. To use our Services, you need to obtain Vulu’s Contractor Services Agreement (located in addition to these Terms at www.vuluapp.com/serviceagreements). Notwithstanding the foregoing, these Terms govern your use of and access to the Services. Further, in order to use many aspects of the Services, you must register for and maintain an active account (“Account”) with Vulu, and these Terms also govern your Account and your use of and access to your Account.

We may amend these Terms from time to time. Any amendments will be effective upon Vulu’s posting of such updated Terms on our websites or through our Services (including our mobile applications). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.

Vulu’s collection and use of personal information in connection with the Services is described in Vulu’s Privacy Policy located at (www.vuluapp.com/privacypolicy) , which is incorporated into these Terms.

We’ve divided these Terms into sections so that you can more easily see which terms apply to everyone who uses our Services and which terms apply specifically to our platform users.

First, a few words about what we are and your relationship with Vulu:

What we are:

We have developed a Technology Platform to cater an on-demand mobile application for services. This platform will address the service-related problems for our users instantly.

Relationship with Vulu:

Our application users are independent contractors and are not employees of Vulu. Nothing in these Terms or as a result of your use of the Services shall be construed as creating a joint venture, partnership, employment, or agency agreement between Vulu and you.

GENERAL TERMS APPLICABLE TO ALL USERS OF OUR SERVICES

You acknowledge that Vulu does not and cannot control the behavior of the users of our Services. We do our best to make sure that all users of our Services comply with these Terms, but we aren’t responsible if they do not.

Vulu’s Services include a communications platform and we do not edit the communications that flow through the Services. Vulu provides a platform that acts as a passive conduit for receipt of information that you provide or solicit. As a result, we aren’t responsible for their accuracy or completeness of such communications or information. We sometimes reformat how communications are displayed through the Services, and if we make a mistake in such reformatting, we are responsible for that.

Our Right to Terminate Your Access and Use

Vulu may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

User Content

The Services may permit you to submit, upload, publish or otherwise make available to Vulu through the Services textual, audio, and/or visual content and information, including profiles, commentary and feedback related to the Services and other users, initiation of Services-related or support requests, and submission of entries for promotions (“User Content”). You have choices about your User Content, including the information you include on your profile, such as (but not limited to) your background, photograph(s) and/or location, and such User Content helps you to get more from our Services. It’s your choice whether to include sensitive information or User Content on your profile. Please do not post or add personal data to your profile that you would not want to be publicly available. Any User Content provided by you remains your property. However, by providing User Content to Vulu, you grant Vulu a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Vulu’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

The Services also allow you to communicate with other users. We cannot guarantee the accuracy, quality or integrity of information exchanged by users on or through the Services. We are not liable for any content, delays, errors, omissions, loss or damage incurred as a result of your use of our Services, including from or based on your communications with other users. Under no circumstances will Vulu be liable for denial of access to any content in our Services. Vulu is not responsible for incomplete, lost, late, undelivered or misdirected messages between users of our Services. Vulu has the right to monitor all content (including User Content) and information exchanged through the Services, however we do not have any obligation to do so.

Prohibited Uses

Use of our Services in the following ways is prohibited (this is not intended to be a complete or exhaustive list, but it will give you an idea of the sorts of things that are not allowed):

• Providing any User Content that violates any laws, infringes the rights (including the intellectual property rights) of others, is defamatory or otherwise creates liability for us;
• Copying our Services or using our Services to enable any service that is competitive with us;
• Posting links to any third-party websites through our Services;
• Scraping, scanning or otherwise using our Service or any information or the meta-data associated therewith to collect or compile data about other users;
• Reselling any information obtained from us or while using our Service;
• Attempting to compromise the integrity or security of the Services in any way;
• Decompiling, reverse engineering or disassembling the Services in any way;
• Reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploiting the Services in any way except as expressly permitted by Vulu;
• Accessing the Services using any automated processes (such as robots, spiders, etc.) for any reason; or
• Harassing, defaming or discriminating against anyone or any entity for any reason.

You cannot use our Services in any way not permitted above or in those sections.

Truth

One important rule is that you cannot misrepresent yourself in any way on our Service. You must use your real name and all the information you give us must be truthful and honest at all times. We do not verify the accuracy or completeness of any information submitted to or through our Services, and thus we cannot guarantee the identity of the other users you may communicate with. Any User Content or information transmitted through the Services is the sole responsibility of the user from which such User Content or information originated, and Vulu is not liable for any omissions or errors. We also do not guarantee the authenticity of the data that users provide about themselves or relationships they may describe. If you see any information about you that is inaccurate, you must report it to Vulu, and can do so by contacting us at contact@vuluapp.com.

DISCLAIMER OF WARRANTY

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND RELATED SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 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. WE MAKE NO WARRANTY THAT: (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY SERVICES OR INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM US WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER WE NOR ANY OF OUR PARTNERS, AGENTS, AFFILIATES, OFFICES, DIRECTORS, REPRESENTATIVES, EMPLOYEES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO THE RESULTS OF YOUR USE OF THE SERVICES HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF WE WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify and hold Vulu and its partners, agents, affiliates, officers, directors, representatives, employees, third party providers and content providers harmless from and against any and all liabilities, claims, demands, losses, liabilities, costs and expenses, including attorneys’ fees, that arise out of or in connection with: (i) your use of the Services; (ii) your breach or violation of these Terms; (iii) your User Content and Vulu’s use of your User Content; or (iv) your violation of the rights of any third party, including third party providers.

Vulu Communications, Text Messaging and Telephone Calls

In order to provide our Services and help you to be successful on Vulu, we and others working on our behalf may need to communicate with you by telephone, email, short message service or text message (the “Alert Service”), or through notifications in our mobile applications (collectively, “Communications”). Most of these Communications will relate to your activity on Vulu, but some may be for other reasons. By using the Services (including our websites and mobile applications), you agree to receive Communications from us and our partners and affiliates, and you agree that Vulu and its partners and affiliates may contact you by telephone or text message (including by an automatic telephone dialing system) at any of the phone numbers (including wireless numbers) provided to us by you or on your behalf, including for marketing purposes, even if that number is registered on a federal or state do-not-call list. You understand that you are not required to provide this consent as a condition of providing or purchasing any services.

By providing your phone number and subscribing to our Alert Service, you:

(i) warrant that you are authorized to (a) enroll your designated mobile phone number in the Alert Service, and (b) incur any mobile message or data charges that may be incurred by participating in the Alert Service;

(ii) agree to accept and receive communications via phone call or text message to your mobile device at the mobile phone number you provided to us;

(iii) agree that you are responsible for managing the types of calls or texts you receive;

(iv) you acknowledge and agree that you are responsible for any charges from your mobile carrier; and

(v) Acknowledge and agree that general communications may be provided through automatic telephone dialing technology, an artificial voice or a pre-recorded voice.

You may request to stop receiving Communications from us at any time by contacting our support team at contact@vuluapp.com. It may take a few days for us to process your request.

The Services also permit other users and Businesses to contact you or provide you notifications on their own behalf via telephone, email, short message service or text message. You agree to receive notifications at any of the numbers (including wireless numbers) you have provided to us through any means authorized under these Terms, including phone calls and text messages that use automatic dialing technology or an automatic telephone dialing system, or artificial voice or pre-recorded voice, even if that number is registered on a federal or state do-not-call list.

The Services also permit Partners to identify References and provide telephone numbers and other contact information for References. You agree that, if you provide us with such information, you have (i) obtained the Reference’s permission to share his, her, or its contact information with us and any Business from which you are seeking a temporary job or permanent job; and (ii) the Reference’s consent for us, our partners and affiliates, and any Business from which you are seeking a temporary job or permanent job to communicate with the Reference by any means, including phone call or text message, about a reference for you at the phone number or other contact source you provide for the Reference.

Intellectual Property Rights

We retain all rights and ownership in and to the Services (including all intellectual property rights therein), except as otherwise expressly provided herein. We always appreciate suggestions for enhancements and new features and functionality in our Services (“Ideas”), but if you communicate those Ideas to us in any way, you hereby give ownership of and assign those Ideas to us completely and we can do what we like with them without owing you anything.

Notice of Any Claimed Copyright Infringement (Digital Millennium Copyright Act Information)

We respect the intellectual property of others. If you think any content posted on our website or through our Services infringes your rights, please contact us at contact@vuluapp.com or Office Address, Attention: Copyright Agent.

Please send the following information:

• A description of the copyrighted work that you claim has been infringed, including where on any of our platforms the material is located. Include enough information to allow us to locate the material, and explain why you think an infringement has taken place;
• A description of the location where the original or an authorized copy of the copyrighted material exists (for example, the URL where it is posted);
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
• A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Disputes, Governing Law and Venue

These Terms and any claim, cause of action, dispute or proceeding (“Claim”) arising out of or related to this Agreement, with the exception of the mutual agreement to arbitrate disputes, which shall be governed by the laws of the State of Karnataka, India, regardless of your country of origin or where you access the Services, and notwithstanding any conflicts of law principles. Subject to the arbitration terms and conditions set forth below, you agree that THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICES (INCLUDING YOUR USE OF AND ACCESS TO VULU’S MOBILE APPLICATIONS AND WEBSITES) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s intellectual property rights, or you have otherwise violated any of your use and access restrictions above, in which case the parties acknowledge and agree that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration and Equitable Relief.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a.Pre-Arbitration Dispute Resolution

Vulu is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at contact@vuluapp.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Vulu should be sent to Office Address, Attention: Legal (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Vulu and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Vulu may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Vulu or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Vulu is entitled.

b.Arbitration

You and the Company mutually agree to resolve any legal disputes, past, present or future, between them, or between you and any of Company’s employees, agents, parents, subsidiaries, affiliates, successors, or assigns, exclusively through final and binding arbitration instead of a court or jury trial. The parties agree that this arbitration agreement is governed by the (Bangalore courts). However, if despite the parties’ agreement in the preceding sentence the (Bangalore courts) is found not to apply, this arbitration agreement will be governed by the law of the state where the Customer is located, or the contractor last performed services under this Agreement. Except as specifically provided below with respect to the Class and Representative Action waiver, this arbitration agreement shall apply to any and all claims arising out of or relating to this Agreement (including without limitation the scope, enforceability, validity, or conscionability of this arbitration agreement itself), the

Contractor’s classification as an independent contractor, Contractor’s provision of services to Company or its Customers, the payments received by Contractor for providing services to Company or its Customers, the termination of this Contract, and all other aspects of the contractor’s or Customer’s relationship with Company.

Private attorney general representative actions brought on behalf of the state under the (Karnataka) , but a claim you bring on your own behalf as an aggrieved employee for recovery of underpaid wages or penalties (as opposed to a representative claim for civil penalties) is arbitrable.

(a) If either party initiates arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period for the claim or claims asserted. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Vulu should be sent to Office Address, Attention: Legal (“Notice Address”).

(b) Class Action Waiver. The Company and you mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action or collective action, and an arbitrator shall not have any authority to hear or arbitrate any class or collective action (“Class Action Waiver”). Notwithstanding any other clause contained in this Agreement or the JAMS Rules, as defined below, any claim in court that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by the court and not by an arbitrator. In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class and/or collective action to that extent must be litigated in a court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

(c) Contractor agrees and acknowledges that entering into this arbitration agreement does not change Contractor’s status as an independent contractor in fact and in law, that Contractor is not an employee of Company or Company’s Customers and that any disputes in this regard shall be subject to arbitration as provided in this arbitration agreement. Customer agrees and acknowledges that Vulu is not a joint venture, co-employer or guarantor of any Service Provider it selects and retains for work under the Vulu Platform.

(d) This Agreement does not prevent a Contractor of Customer from filing unfair labor practice charges with the National Tribunal. Nothing in this Agreement prevents a Contractor or Customer from making a report to or filing a claim or charge with a government agency.

(e) This arbitration agreement is the full and complete agreement relating to the formal resolution of disputes covered by this arbitration agreement. In the event any portion of this arbitration agreement is deemed unenforceable, the remainder of this arbitration agreement will be enforceable.

(f) This arbitration agreement may be acknowledged and agreed to electronically, and its validity shall not be affected thereby. A copy of this agreement may be used in lieu of an original for any purpose.

Voluntary Nature of Agreement

You acknowledge and agree that you are executing this Agreement voluntarily and without any duress or undue influence by Vulu or anyone else. You further acknowledge and agree that you have carefully read this Agreement and that you have asked any questions needed for you to understand the terms, consequences, and binding effect of this Agreement and fully understand it, including that you are waiving your right to a jury trial. Finally, you agree that you have been provided an opportunity to seek the advice of any attorney of your choice before signing this Agreement.

Confidentiality

You recognize and acknowledge that, by virtue of using our Services, you may have access to certain information of Vulu or other users that is confidential and constitutes valuable, special and unique property of another party. You agree that you will not at any time disclose to others or use, copy or permit to be copied, without that other party’s express prior written consent, any confidential or proprietary information of the other party, including, but not limited to (as applicable), information about the identity of Partners or their qualifications or other characteristics.

Notice

Vulu may give any notice under or required by these Terms by means of a general notice on or through the Services, email to your email address on record with Vulu, or by written communication sent by first class mail or pre-paid post to your address on record with Vulu. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or upon sending (if sent by email). You may give notice to Vulu, addressed to the attention of Legal, and such notice shall be deemed given when received by Vulu by letter delivered by a nationally recognized overnight delivery service or first-class postage prepaid mail to Vulu Technologies, Bangalore, India, Attention: Legal, or by email at contact@vuluapp.com.

Miscellaneous Terms

If any provision in these Terms is found to be unenforceable, you agree that that provision will be eliminated or modified in the least disruptive way to preserve the intent of that provision and so that all the other Terms remain enforceable. Our failure to enforce any of these Terms does not mean we waive the right to enforce them. These Terms apply unless we have entered into a different, written agreement with you that specifically says these Terms do not apply. You agree not to share your Account or Account information (such as your username and password) with anyone. You also agree to the additional terms below applicable to the iOS and Android versions of our mobile applications. We may, from time to time, assign or transfer all or a portion of our assets to one or more third parties, and you agree to continue to be bound by these Terms, so long as the successor or assignee agrees to abide by its obligations under these Terms.

ADDITIONAL TERMS FOR USERS OF OUR MOBILE APPLICATIONS

Vulu offers Software applications that may be made available through the Apple App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and services. Vulu and you acknowledge that these Terms are concluded between Vulu and you only.

ADDITIONAL TERMS FOR BUSINESSES

Use of Our Services

You agree that you won’t use the Services in any way that would violate any laws, infringe any rights of others (including intellectual property rights) or create liability for us. You also agree that you won’t collect or compile data from other users who use our services. To use our Services, you agree to give us truthful information about you, as well as the right to use that information to provide Services to you and make our Services available to other users.

Account Control

You agree to share your Account information only with your employees or representatives who are authorized to use our Services on your behalf. You agree that all activity on the Services using your account is being conducted by someone duly authorized by you to do so. You agree you are fully liable and responsible for all actions performed using your account.

Compliance with Laws

You agree to comply with all applicable laws relating to your use of our Services, including laws pertaining to non-discrimination and equal opportunity.