If you do not agree with any of these terms, please discontinue using the Application.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Application or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Application is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
The Application acts as an interface between you and your home, giving you full control of every Electronic Appliance in your house from anywhere.
The User can access and use the Service`s offered by the Website/Application by
- using the Web Apps in connection with, and solely for the purpose of, controlling and monitoring the Products installed in Your home or otherwise accessing a service explicitly provided by Cloudblocks for your use
- installing andusing the Mobile Apps solely on Your own handheld mobile Device (e.g., iPhone, iPad, or Android smartphone) and solely for the Permitted Purpose, and
- if separately authorized, access the Services through an authorized Cloudblocks account andthe interface provided by the Company.
The app interacts via internet of your house with your Cloudblocks unit giving it proper instructions, and relaying useful data collected from the Cloudblocks units back to the user.
Registration for this Website/ Application is available only to those above the age of 18, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Application, You may do so through Your legal guardian and Cloudblocks Automation Pvt. Ltd. reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Application or availing any of its services.
Further, at any time during Your use of this Application, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username, password and device id or mac id of your product, and any activity under the account shall be deemed to have been done by You.
Cloudblocks Automation Pvt. Ltd. shall from time to time collect certain information from Users of the Products and Services, including any Content or User Submissions. Such information shall include email-id and name of the User, type, brand, model and number of Electronic appliances in the house, electricity provider (utility), type of rooms in which the Product is installed, brand of the Electrical appliances.
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom you have become friends with from the Website/Application. Such contact shall be made only in pursuance of such objectives,and no other calls shall be made.
The downloading and installing of this Application is free of cost when You have Purchased the Instrument. However, We reserve the right to amend this no-fee policy and charge Users for downloading and installing the Application. In the event of such change in policy, Users shall be intimated of the same via email/telephone and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
- You hereby certify that you are at least 18 years of age.
- You agree to ensure the email address or mobile number provided in your account registration is valid at all times andshall keep your contact information accurate and up-to-date.
- You agree to comply with all local laws andregulations governing the downloading, installation and/or use of the Application, including, without limitation to, any usage rules set forth in this Agreement.
- You acknowledge andagree that the Products and Services, whether standing alone or when interfaced with third-party products or services are not certified for emergency response. makes no warranty or representation that use of the Products or Services with any third-party product or service will affect or increase any level of safety.
You undertake not to:
- Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Application. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Application is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained.
- Access (or attempt to access) the Application and/or the materials or Services by any means other than through the interface that is provided by the Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application is prohibited. You acknowledge and agree that by accessing or using the Application or Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Application. Further, You may report such offensive content;
- Use the Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; (ii) any other party’s use and enjoyment of company’s services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);
- use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
- violate any applicable laws or regulations for the time being in force within or outside your home country;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- threaten the unity, integrity, defence, security or sovereignty of your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
From time to time, the Application may automatically check the version of the Application installed on the Authorised Device and, if applicable, provide updates for the Application (hereinafter referred to as “Updates”). Updates may contain, without limitation to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, You authorise the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
ACTIONS UNDERTAKEN BY THE APPLICATION ON YOUR DEVICE:
Upon download and installation of the Application, You grant the following permissions to the Company to perform the following actions on the device You have installed the Application in.
- To read from, write on, modify and delete data pertaining to the Application on the device’s hard disk and/or external storage;
- To access information about networks, access networks including wi-fi networks, receive and send data through the network;
- To determine Your approximate location from sources like, but not limited to mobile towers andconnected Wi-Fi networks;
- To determine Your exact location from sources such as, but not limited to GPS;
- To access the model number, IMEI number anddetails about the operating system of the device the Application has been installed on, as well as the phone number of the device;
- To retrieve information about other application running on the device the Application has been installed on andopen them;
- To detect when the phone had been switched off and switched on for the purpose of sending notification/ push notifications;
- To access and change the display and sound settings of the device the Application has been installed in.
- Receive and send text messages for the purpose of registration.
- Read phone status
- To draw over apps to provide better service.
- To read contacts
All information, content, services and software displayed on, transmitted through, or used in connection with the Application, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and herein after referred to as the “Content”), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Application, and solely for your personal, non-commercial use. You may not, republish any portion of the Content on any Internet, Intranet or extra net site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other Products or processes accessible through the Application, not to insert any code or Product or manipulate the content of the Application in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Application/ Website . We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
Cloudblocks Automation Pvt. Ltd. has no obligation to provide You with a copy of the information You or any other User provides on the Application or that the Application has accessed.
Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Application.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Application to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Application. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made Us in connection with any claim arising from or related to:
Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
In no event shall the Company be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website/ Application and/or the Products or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
DISLAIMER OF WARRANTIES AND LIABILITIES
Except as otherwise expressly stated on the Website/Applcation, all Products and Services Site offered on the Website/Application are offered on an “as is” basis without any warranty whatsoever, either express or implied. All commercial/contractual terms are offered by and agreed to between User and Company alone. The commercial/contractual terms include but are limited to date, period, warranties related to Products and after sales services related to Products.
The Company/Website Application does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the Products purchased from the Company. The Website/Application does not implicitly or explicitly support or endorse the sale or purchase of any Products on the Website /Application.
The company makes no warranty or representation that use of the Products or Services with any third-party Product or Service will affect or increase any level of safety.
The User agrees and undertakes that he/she is accessing the Website/ Application and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before accessing/using any information displayed thereon.
The Website/Application and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any Product purchased or service availed of by the User from the Website/Application.
The Website/Application does not guarantee that the functions and Services contained in the Website/Application will be uninterrupted or error-free, or that the Website/Application or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website/Application.
It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
The Company, Website or the Application shall not be liable for damages for any delay or failure to perform its obligations here under if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorised.
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.