Terms Of Service

Overview

These terms and conditions (“Terms of Service”) apply to your use of products and services offered by Sensara Technologies India Private Limited (“we” or “us” or the “Company”), including any content, functionality and services offered on or via Sensy App, Adbreaks.in, Sensy Home device, Sensy Remote device, www.sensyremote.com and other offerings owned and operated by the Company (collectively referred to as the “Applications”).

Please review these Terms of Service carefully, as it incorporates information as to your legal rights, remedies and obligations. These Terms of Service constitute a legally binding agreement between you and the Company governing your access to and use of the Applications. If you do not understand these documents or do not accept any part of them, then you should not use the Applications. You hereby agree and acknowledge that the Company reserves the right to update these Terms of Service from time to time.

By accepting these Terms of Service, you hereby represent and warrant that you are, under the applicable law capable of entering into a legally binding agreement and that your usage of the Applications is not in violation of any applicable law.

Use Of Applications

Age Restrictions. You must be over 18 years of age to use the Applications.

Updates. You may need to install updates to Applications that the Company implements from time to time to access, use, or continue to use the Applications. Your Applications may communicate with the Company servers from time to time to check for available updates to Applications, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Applications requires that you have agreed to receive such automatically requested Updates. If you do not agree to such automatically requested and received Updates, then please do not use the Applications. Notwithstanding the foregoing, Company may update the Applications to a new version of such app, irrespective of any update settings that you may have selected within the Applications or your device, if Company determines that the update will fix a critical security vulnerability related to the Applications.

Use of Third Party Providers. In addition, Company may have arranged for third party providers to provide products or services to you through Applications ("Third Party Providers"). In order to use these products or services, you may be required to agree to additional terms and conditions from such Third Party Providers, and may be subject to additional requirements of the Third Party Provider. By agreeing to these Terms of Service or continuing to use Applications, you hereby agree to any Third Party Provider terms that apply to your use of such products and services through Applications, which may be updated from time to time. For the avoidance of doubt, the Third Party Provider terms are between you and the applicable Third Party Provider, not Company. Company is not liable for any actions or inactions of such Third Party Providers.

Applicable Fee

Third-Party Fees. You may incur access or data fees or fees payable to Third Party Providers in connection with your use of Applications. You are responsible for all such fees.

Company’s Fees. Fees may be applied to use of Applications. The aforementioned Fees may be determined by Company in its sole discretion and any fees charged will be inclusive of all applicable taxes.

Fraud or Unauthorized Use

You will be solely responsible for any unauthorised access or use of your personal or financial information. To help prevent unauthorised use of your account, you should comply with the security measures recommended by Company.

Communication and Privacy Policy

In addition to other clauses in these Terms of Service, you agree and consent that we may collect, store, use and/or disclose your personal data through the Applications, in accordance with applicable laws and our privacy policy.

Communications from or with Company.

We may, on our own or through third parties, send you emails, SMS, or such other means of communication, to: (i) advertise Applications, other Company services or our Third Party Providers’ services, (ii) promote new products and activities, or (iii) to obtain your invaluable feedback. In order to serve you better, we may also send you surveys to understand: (i) your experience with the Applications, and/or (ii) your needs and requirements.

You agree and consent that we may collect, store, use and/or disclose your personal data for the following purposes:

You may choose to, or we may invite you to, submit comments or ideas about the Applications, including without limitation about how to improve the service or our products. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone.

Privacy

You hereby expressly consent to and permit Company and its affiliates to collect, store and share such information provided through the Applications, including but not limited to your personal information such as your name, address, etc.

If you choose to delete or wipe-out any information or data from the Applications, you understand that we may still retain, use and/or disclose such information/data for legal reasons detailed in our Privacy Policy. The Privacy Policy explains how we treat your personal data and protect your privacy when using the Applications.

Intellectual Property Rights

Applications are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. Company owns the title, copyright and other worldwide intellectual property rights in the Applications. These Terms of Use do not grant you any rights to the intellectual property rights in the Applications. Nothing contained herein shall authorize the you to use, apply, invade or in any manner exploit or infringe the intellectual property rights Company or its affiliates without prior written consent. You are hereby given a limited license to use the Applications, subject to your agreement of these Terms of Use.

Taxation

The reporting and payment of any applicable taxes arising from the use of Applications is your responsibility. You hereby agree to comply with any and all applicable tax laws in connection with your use of Applications.

Indemnification

You agree to indemnify, defend and hold harmless Company, its affiliates and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:

Disclaimer

THE APPLICATIONS, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE APPLICATIONS, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY, AND ITS AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS, INCLUDING BUT NOT LIMITED TO, DEVICE MANUFACTURERS (COLLECTIVELY, "COMPANY PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE APPLICATIONS OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE APPLICATIONS, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE APPLICATIONS. EACH COMPANY PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE APPLICATIONS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICIATIONS WILL BE UNINTERRUPTED OR ERROR FREE. COMPANY SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS.

Limitations Of Liability

IN NO EVENT SHALL COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY COMPANY PARTY OR THE APPLICATIONS, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE APPLICATIONS, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE COMPANY PARTIES' TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OF SERVICE EXCEED INR 1000/- (INDIAN RUPEES ONE THOUSAND ONLY).

Nothing in these Terms of Service is intended to exclude or limit the liability of any party for (i) death or personal injury; (ii) fraud; (iii) fraudulent misrepresentation; or (iv) any liability that cannot be excluded or limited by law.

Without limiting any of the foregoing, no Company Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including without limitation governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.

Termination And Suspension

Company reserves the right, in our sole and absolute discretion, to suspend or terminate your use of one or more Applications, without notice and without liability to you or any third party, for any reason, including without limitation inactivity or violation of these Terms of Service or other Company policies, as may be formulated by the Company from time to time.

Governing Law; Jurisdiction

These Terms of Service will be governed by and construed in accordance with the laws of India. You agree that any legal action or proceedings arising out of the aforementioned documents may be brought exclusively in the competent courts/tribunals having jurisdiction in Bangalore, India and irrevocably submit themselves to the jurisdiction of such courts/tribunals.

Modifications

Company has the right, in its sole and absolute discretion, to change, modify, or amend any portion of these Terms of Service at any time. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Applications.

In addition, Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Applications (in whole or in part) with or without notice. Company may also change the provisions of the Applications, including without limitation applicable fees, in its sole discretion. If you do not agree to the changes, you may stop using the Applications. Your use of the Applications, after implementation of the change(s) will constitute your agreement to such change(s). You agree that we shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Applications.

Severability

If any provision of these Terms of Service is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision will apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions of these Terms of Service unlawful or otherwise ineffective, the remainder of these Terms of Service will remain in full force and the unlawful or otherwise ineffective provision will be substituted by a new provision reflecting the intent of the provision so substituted.

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