EULA

End-user License Agreement

 

Welcome to EMTHINGS Technologies Private Limited (collectively, “EMTHINGS”, “we’ or, “us”). This End-user License Agreement (“Agreement”) is a legal document that contains the terms and conditions under which limited use of EMTHINGS websites, EMTHINGS Apps, and any other websites associated with http://www.emthings.com, including but not limited to any EMTHINGS branded social media sites, and create an agreement between you and EMTHINGS regarding your use of these websites (collectively, “Site”), any Apps that facilitate use of the Site or any Products and services available by EMTHINGS (collectively, “Services”).

The Service is intended to be used in conjunction with EMTHINGS hardware Products (the “Product”). This End User License Agreement and Terms of Service (this “EULA” or “Agreement”), including the EMTHINGS Privacy Policy ( http://www.emthings.com/privacy-policy/) and the Product User Guide and Technical Specifications (the “Specifications”) are incorporated herein by reference and govern your use of the Service. Your use of an EMTHINGS Product is governed by the Specifications and any applicable Warranty provided by EMTHINGS and available at http://www.emthings.com/warranty/.

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, YOU SHOULD IMMEDIATELY CEASE ACCESSING OR USING THE SERVICE.

As provided in greater detail in this EULA (and without limiting the express language of the EULA below), you agree and acknowledge that the EULA includes, the following material terms:

  • The Service or App is licensed, not sold to you, and you may use the Service only as set forth in this EULA;
  • Your use of the Service may be subject to separate third party terms of service and fees, including without limitation your internet service provider or mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
  • You consent to the collection and use of your personally identifiable information in accordance with EMTHING’s Privacy Policy (http://www.emthings.com/privacy-policy/);
  • Access to certain features of the Service may require access to information about the location of your device, such as GPS coordinates;
  • The Service requires access to the following services on your mobile device: UDID, MAC address, or other applicable device identifier, phone state and identity, Bluetooth, audio and microphone access, internet and data services; and
  • If you are using the App on an iOS-based device, you agree to and acknowledge the “Notice Regarding Apple”, below.

Limited License  

Subject to your complete and ongoing compliance with all the terms and conditions set forth in this EULA (including without limitation payment of any applicable fees and compliance with all license restrictions), EMTHINGS grants you

 

  1. A limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to use a copy of the Service or App downloaded directly from EMTHINGS or from a legitimate marketplace (such as Google Play or Apple’s iTunes store);
  2. You agree and understand that the Service, including any Content therein, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;
  3. Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without prior written authorization;
  4. You agree not to bypass any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage;
  5. You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Service account without permission;
  6. You agree not to decipher, reverse engineer, de-compile or disassemble the Service or the Content, or the software used to provide the Service or the Content, in whole or in part, or authorize, direct, or cause a third party to do so;
  7. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service or the Content, or any portion thereof, unless and solely to the extent EMTHINGS makes available the means for embedding any part of the Service or the Content;
  8. You agree not to access, tamper with, or use non-public areas of the Service, EMTHINGS (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of EMTHINGS providers;
  9. You agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that EMTHINGS is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Service;
  10. You agree that your use of the App may incur third party fees, such as fees charged by your Carrier for data usage, and may be subject to third party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms;

Eligibility

You must be at least eighteen (18) years of age to use the Service. By agreeing to this EULA, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to this EULA and you agree to be bound by this EULA on behalf of such organization.

Accounts and Registration

To access most features of the App or Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, email address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@emthings.com. You agree to only access to EMTHINGS Product that belongs to you.

Payment

Ordering of EMTHINGS Product and access to certain features of the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. EMTHINGS may change the fees for the Product, Service or any feature of the Service, including by adding fees, on a going-forward basis at any time. EMTHINGS will charge the payment method you specify at the time of purchase. You authorize EMTHINGS and its designated payment processors to charge all sums as described in these Terms, for the Service or Product you select, to that payment method. If you pay any fees with a credit card, EMTHINGS and its designated payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

Third Party Services and Linked Websites

EMTHINGS may provide tools through the Service that enable you to export information to third party services, including through features that allow you to link your account on EMTHINGS with an account on the third party service, such as Facebook, YouTube, or Twitter, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under our control, and we are not responsible for their content.

Third Party Materials

Certain portions of the Service may include, display, or make available content, data, information, applications or materials from third parties (“Third Party Materials”). You understand that by using the Service, you may encounter Third Party Materials and other content, such as third party advertisements and promotional content, or content and communications provided by EMTHINGS (collectively, “Content”), that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that may automatically and unintentionally contain links or references to objectionable material. Nevertheless, you agree to use the Service at your sole risk and that EMTHINGS shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable, or that is inaccurate, incomplete, untimely, invalid, illegal, indecency, of poor quality or otherwise.
In addition, third party services, Content and Third Party Materials that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. EMTHINGS makes no representation that such services, content, and materials are appropriate or available for use in any particular location. To the extent you choose to access such services, content or materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

 

System Requirements and Limitation on Use

  1. System Requirements. You acknowledge that the Service will not be fully accessible or functional without: (i) a working Wi-Fi network or cellular connection that is positioned to communicate reliably with the Product; (ii) an EMTHINGS account; (iii) a mobile device such as a supported smartphone or tablet; and (iv) other system elements or specifications that may be specified by EMTHINGS. It is your responsibility to ensure that you have all required system elements.
  2. The Service is intended to be used in connection with an EMTHINGS Product as set forth in the Specifications. Please refer to Specifications for detailed information on the intended use of Service in connection with an EMTHINGS Product.
  3. While we aim for the Service to be highly reliable and available, the Service is subject to interruptions and failures for a variety of reasons beyond EMTHINGS control, including power outages, Wi-Fi intermittency and service provider uptime, among others. You acknowledge these limitations and agree that EMTHINGS is not responsible for any damages allegedly caused by the failure or delay of the Service due to such reasons beyond EMTHINGS control.
  4. No Life-Safety or Critical Uses of the Service. You acknowledge and agree that the Service is not certified for use with any emergency response or healthcare related electronics or Products. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICE FOR ANY LIFE SAFETY OR CRITICAL PURPOSES.
  5. EMTHINGS does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Service, any feature of the Service, or the Product. Actual energy savings and monetary benefits vary with factors beyond EMTHINGS control. EMTHINGS may use the Service to provide you with information tailored to your energy usage and suggestions on how to save money on energy bills. You acknowledge that such information and suggestions are not a guarantee of actual savings, and you agree not to seek monetary or other remedies from EMTHINGS if your savings differ.

Feedback

While our own staff is continually working to develop and evaluate our own Product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending EMTHINGS or our employees any ideas for Products, services, features, modifications, enhancements, refinements, technologies, content offerings, promotions, strategies, or Product/feature names, or any related documentation, artwork, computer code, diagrams, computer code, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms shall apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to EMTHINGS, you agree that:

  1. EMTHINGS has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
  1. Feedback is provided on a non-confidential basis, and EMTHINGS is not under any obligation to keep any Feedback you send confidential or to refrain from using it in any way; and
  2. You irrevocably grant EMTHINGS and its successors and assigns perpetual and unlimited permission to use, reproduce, modify, and distribute, display, and perform Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial Products and services which incorporate or embody Feedback whether in whole or in part, and whether as provided or as modified.

Ownership

The Service, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of EMTHINGS and its licencors. Except for the limited license expressly granted by and to you under this EULA, no other rights, licenses, or immunities are granted or shall be deemed to be granted under this EULA, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by EMTHINGS hereunder are expressly reserved.

Termination

The EULA is effective until terminated by you or EMTHINGS. Your rights under this license will terminate automatically without notice from EMTHINGS if you fail to comply with any term(s) of this EULA (including by violating any license restriction provided herein). In addition, EMTHINGS may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate this EULA at any time by uninstalling the App and ceasing use of the Service. Upon any termination of the EULA, you must immediately cease all use of the Service, and destroy all copies, full or partial, of the App. If you transfer Hardware to a new owner, your right to use the Service with respect to such Hardware automatically terminates, and the new owner will have no right to use the Service under your account and will need to register for a separate account with EMTHINGS.

Indemnity

You agree to defend, indemnify, and hold EMTHINGS, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (i) your access, use, or misuse of the Service, Product or the Content, or (ii) your violation of this EULA.

NO SERVICE WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING YOUR RELIANCE ON ANY ANNOUNCEMENT THAT IS TRANSMITTED OR RECEIVED ON OR THROUGH THE SERVICE, IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND EMTHINGS HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EMTHINGS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EMTHINGS OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EMTHINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EMTHINGS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF RS 5,000. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

THIRD PARTY DISPUTES

EMTHINGS IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, PUBLIC UTILITY, OR ADVERTISER, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, PUBLIC UTILITY, ADVERTISER, OR OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OTHER USER OF THE EMTHINGS SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE EMTHINGS (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Modification of this EULA

We reserve the right, at our discretion, to modify this EULA on a going-forward basis at any time, with or without prior notice, and such changes will be effective in accordance with the following. In the case of material changes to this EULA, EMTHINGS will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Service, or other similar mechanism. The modifications to the EULA will be effective upon the earlier of (i) your first use of the Service with notice of such change, or (ii) 30 days from posting of such change. Your use of the Service following the date that any such change becomes effective constitutes your agreement to be bound by the modified EULA. If you do not agree to the modified EULA, your sole and exclusive remedy is to terminate your account and you may no longer use the Service. Disputes arising under this EULA will be resolved in accordance with the version of the EULA that was in effect at the time the dispute arose.

Miscellaneous

This EULA, together with the EMTHINGS Privacy Policy (http://www.emthings.comp/privacy-policy/) and any other applicable policies and guidelines, are the entire and exclusive understanding and agreement between you and EMTHINGS regarding your use of the Service. Except as expressly permitted above, this EULA may be amended only by a written agreement signed by authorized representatives of all parties to this EULA. You may not assign or transfer this EULA or your rights under this EULA, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this EULA at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of this EULA, or any provision hereof, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this EULA is for convenience only and will not have any impact on the interpretation of any provision. If any part of this EULA is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

NOTICE REGARDING APPLE

You acknowledge that this EULA is between you and EMTHINGS only, not with Apple, and Apple is not responsible for the Service and the content thereof.  Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.  In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service.  Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) Product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.  Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights.  You agree to comply with any applicable third party terms, when using the Service.  Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA.  You hereby 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.

 

You can contact EMTHINGS Technologies Private Limited by email at info@emthings.com, or by post at company’s registered address.