Updated at 2023-04-25
This End User License Agreement ("Agreement") is a legal agreement between you ("User") and Seygnux Solutions Pvt. Ltd., located at Building No. 155, Sector 19B, Dwarka, Delhi, 110075 ("licensor") for the use of the ScaleBat ("Product").
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PRODUCT. BY USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
licensor grants User a non-exclusive, non-transferable, revocable license to use the Product for personal or commercial use, subject to the terms and conditions of this Agreement.
The Product and all intellectual property rights therein, including without limitation all copyrights, patents, trademarks, and trade secrets, are and shall remain the sole and exclusive property of the licensor.
User(s) shall not, nor allow any third party to :
1. use the Software for any purpose other than for using the features we intentionally make available to You;
2. copy or download any part of the Software, other than for Your personal use, without the prior written authorization of licensor;
3. re-sell or re-distribute any part of the Software in any form or medium without the prior written authorization of licensor;
4. alter, modify or make derivative works from any part of the Software without the prior written authorization of licensor;
5. create another account without licensor’s permission, if disabled;
6. let anyone else access Your account (excluding internal authorised sharing of credentials for a business account), or do anything else that might jeopardise the security of account;
7. sell, sublicense, rent, lease, assign, or transfer Your account or login information to anyone;
8. use the Software in any manner that could damage, disable, overburden, or impair the Software or interfere with any other party’s use of the Software;
9. obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Software;
10. impersonate or misrepresent any person or entity or Your affiliation with someone else;
11. Post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to or through the Software.
Prior to submitting an order, the User shall be informed, during the purchasing process, of any fees, taxes, and costs, including delivery costs, that may be applicable. The prices displayed on this Application may be exclusive or inclusive of any applicable fees, taxes, and costs, depending on the section the User is browsing. The User agrees to the commercial terms and conditions as selected or opted for by them. Invoices shall be sent in electronic form/soft copy via email only.
All payments due under this End User License Agreement (EULA) shall be exclusive of any applicable taxes that may be levied by the Government from time to time, which shall be paid by the End User to the Licensor in addition, at the rate and in the manner prescribed by applicable law.
If any local law requires the "Customer" to withhold any tax on the amount payable to the "Licensor," then the Customer shall withhold the tax and remit the balance amount to the Licensor. In cases where the customer fails to provide the relevant tax certificates on time, the customer shall pay the amount equivalent to the withheld tax. The Customer shall provide the relevant Tax Certificate(s) to the Licensor.
Licensor shall be responsible for ensuring the protection and privacy of the battery data provided by the User. licensor shall maintain appropriate technical and organisational measures to safeguard the confidentiality, integrity, and availability of the data. licensor shall not disclose the data to any unauthorised third party without the User's prior written consent, except as required by law or regulation. licensor shall inform the User promptly in case of any data breach and take appropriate steps to mitigate the impact of the breach.
This section is intended to limit the liability of the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees (collectively, "Owner") to the maximum extent permitted by applicable law. By using the Service, the User agrees to this limitation of liability.
Under no circumstances shall the Owner be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Furthermore, the Owner shall not be liable for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein, nor for any errors, mistakes, or inaccuracies of content.
The User acknowledges and agrees that the Owner shall not be liable for any personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service, nor for any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein.
The User further acknowledges and agrees that the Owner shall not be liable for any interruption or cessation of transmission to or from the Service, any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service, any errors or omissions in any content, or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service.
Additionally, the User agrees that the Owner shall not be liable for the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage.
The User hereby agrees to indemnify, defend, and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees from and against any and all claims, demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to reasonable legal fees and expenses, arising from or in connection with:
(a) User’s use of and access to the Service, including any data or content transmitted or received by User;
(b) User’s breach of any of the representations and warranties set forth in these terms or User’s violation of these terms, including but not limited to any applicable law, rule, or regulation;
(c) User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
(d) any content submitted from User’s account, including third party access with User’s unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
(e) User’s wilful misconduct;
(f) any act or omission by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees; or
(g) any statutory provision, to the extent allowed by applicable law.
The User shall promptly reimburse the Owner for any damages, costs, losses, or expenses incurred as a result of any claim or demand made or action brought against the Owner or its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees arising from any of the foregoing. The Owner shall promptly notify the User of any such claim or demand, and the User shall have the right, at its expense, to assume the exclusive defence and control of any matter subject to indemnification by the User.
The User agrees to comply with all of licensor's cybersecurity policies and guidelines as set forth in the agreement or as may be updated from time to time. The User shall be responsible for maintaining the confidentiality of any passwords or other access credentials provided by licensor. The User shall promptly report to licensor any unauthorised access to the battery data or any suspected cybersecurity incident.
licensor shall have the right to use the battery data for the purpose of improving its algorithms and generating insights from the data. licensor shall have the right to use the insights generated from the data for commercial purposes, including licensing the insights to third parties. licensor shall not use the data or insights in a manner that would personally identify the User without the User's prior written consent. licensor shall take appropriate measures to ensure the privacy and security of the data and insights, including by de-identifying the data and implementing appropriate access controls.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will provide notice of these changes to the User in an appropriate manner. These changes will only affect the User's relationship with the Owner going forward. By continuing to use the Service, the User agrees to be bound by the revised Terms. If the User does not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement. The previous version of these Terms will govern the User's relationship with the Owner prior to the User's acceptance of the revised Terms. The User can obtain any previous version of these Terms from the Owner. If required by applicable law, the Owner will specify the effective date of the modified Terms.
This Agreement shall be effective upon the User’s acceptance of these Terms and shall continue in full force and effect until terminated by either party in accordance with these Terms.
If the User subscribes to the Service on a monthly basis, the subscription has to be renewed on a monthly basis unless the User cancels the subscription prior to the end of the then-current subscription period. If the User cancels the subscription, the cancellation will take effect at the end of the then-current subscription period.
If the User subscribes to the Service on a yearly basis, the subscription has to be renewed on a monthly basis unless the User cancels the subscription prior to the end of the then-current subscription period. If the User cancels the subscription, the cancellation will take effect at the end of the then-current subscription period.
The duration of the subscription shall be as specified on the Service at the time of subscription or renewal, as applicable.
The User agrees that the Licensor may automatically charge the User’s payment method for each subscription period until the subscription is cancelled. The User agrees to promptly update the payment method information if there are any changes to the payment method or if the payment method expires.
The Licensor reserves the right to modify the subscription fees and billing methods upon notice to the User, provided that such notice may be provided at any time by posting the changes to the Service or by email.
The Licensor may terminate the User’s subscription for any reason upon notice to the User, provided that such notice may be provided at any time by posting the changes to the Service or by email.
This Agreement shall remain in effect until terminated by either party. User may terminate this Agreement at any time by ceasing use of the Product. licensor may terminate this Agreement at any time upon notice to User, and User shall immediately cease use of the Product upon receiving such notice.
This Agreement shall be governed by and construed in accordance with the laws of the state of Delhi, without giving effect to any choice of law or conflict of law provisions.Under governing law, these Terms and the use of the Service shall be governed by and construed in accordance with the local laws where licensor is registered. Any disputes arising from or related to these Terms or the Service shall be resolved exclusively in the courts located in the location where licensor is registered.
This Agreement constitutes the entire agreement between User and licensor and supersedes all prior understandings or agreements.