Access to and use of the website www.securewithsure.com (the “Website”), the mobile application “sûre” (the “Application”), or the Sure device (the “Device”) and the services provided through the same (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms”). By using the Services, you are agreeing to all of the Terms, as may be updated by us from time to time.
We may change the Terms or modify any features of the Website at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the “Terms and Conditions” section on the Website. If you continue to use the Website after changes are posted you will be deemed to have accepted the change.
- USER ACCOUNT
- In order to use the Services, you are required to complete an application providing various information about yourself including your name, email address and other personal and/or company information. You agree that any information you provide to PiOctave will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own.
- You acknowledge that the provision of the Services to you is subject to payment of the subscription fee as levied with respect to the plan chosen by you (“Subscription Fee”). You acknowledge that failure to pay the Subscription Fee shall render your account suspended, and you shall no longer be entitled to receive the Services.
- You acknowledge that PiOctave may, from time to time, and at its discretion, update the Device and or the Application, and you grant us the necessary consent to update your Device/Application at such time.
- In the interest of security, your Device can only be associated with your PiOctave ID so as to prevent any third party from accessing it.
- The User agrees that it/he shall not directly or indirectly: (i) reverse engineer the Device, or any part thereof.
- The User agrees that no rights or licenses under PiOctave’s patents shall be implied from the sale of the Device to the User, except as expressly provided herein. The User further acknowledge and agree that the Device is sold only for use with the software and Application provided by PiOctave.
- The Device is intended for end-usage only, and resale of the same is expressly prohibited. The title to the Device passes to you at the time of you coming into possession of the Device.
- SOFTWARE AND OWNERSHIP
- The Device, its design and/or hardware and software are owned by PiOctave. The Website/Application and all intellectual property rights associated with the same are owned by PiOctave (“PiOctave IP”). You acknowledge that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the PiOctave IP or any part thereof. Except as expressly and provided herein, PiOctave does not grant you any express or implied rights, in and to the PiOctave IP.
- The Website contains content owned or licensed by PiOctave (“PiOctave Content”). PiOctave owns and retains all rights in the PiOctave Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the PiOctave Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the PiOctave Content.
- The PiOctave name and logo are trademarks of PiOctave, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PiOctave, except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of PiOctave, and may not be copied, imitated or used, in whole or in part, without prior written permission from PiOctave.
- PiOctave may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the software forming part of the Device and/or the Services (“Software Updates”). The Software Updates may be automatically installed without obtaining further consent from you, and your continued usage of the Device shall be deemed as an acknowledgement of the same.
- USER CONTENT
The Website/Application provides Users the facility to create, share and post content such as (together, “User Content”). PiOctave claims no ownership rights over User Content created by you. PiOctave has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.
PiOctave takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.
You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. PiOctave reserves the right, but is not obligated, to reject and/or remove any User Content that PiOctave believes, in its sole discretion, violates the provisions of these Terms.
In connection with your User Content, you affirm, represent and warrant the following:
- Your User Content and your use thereof as contemplated by these Terms and the Application/Website will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights or privacy rights.
- To the extent that your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Application/Website.
- PiOctave may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties, for the purposes of publicity and marketing, among others.
- PiOctave takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Application/Website, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that PiOctave is only acting a passive conduit for the distribution and publication of your User Content. If your User Content violates these Terms, you may bear legal responsibility for that content.
- USE OF PIOCTAVE AND CONDUCT
You may use the Application/Website for lawful purposes only. You shall not post or transmit through the Application/Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Application/Website in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Application/Website; (iii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Application/Website; (v) collecting or harvesting any personally identifiable information, including account names, from the Application/Website; (vi) using the Application/Website for any commercial purposes without having all necessary rights and licenses to the User Content; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (viii) interfering with the proper working of the Application/Website or the Services; (ix) accessing any content on the Application/Website through any technology or means other than those capabilities provided by the Application/Website; or (x) bypassing the measures we may use to prevent or restrict access to the Application/Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Application/Website or the content therein.
You agree that PiOctave is not responsible for, and does not endorse, User Content posted within the Website. PiOctave does not have any obligation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you shall be solely responsible for any legal consequences with respect to such User Content.
PiOctave reserves the right to remove any User Content from the Application/Website for any reason, without prior notice. User Content removed from the Application/Website may continue to be stored by PiOctave, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. PiOctave will not be liable to you for any modification, suspension, or discontinuation of the Application/Website, or the loss of any User Content.
You are solely responsible for your conduct and any data, text, files, information, images, photos, links and other content or materials that you submit, post or display on or via the Application/Website. PiOctave shall have no liability for conduct in relation to your use of the Application/Website.
PiOctave reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee and allied policies shall be posted on the Application/Website and such changes shall automatically become effective immediately after they are posted on the Application/Website.
PiOctave reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Application/Website and refuse to provide you with access to the Application/Website in case of non-payment of fees by you to PiOctave. We also reserve the right to take legal action in case of non-payment of fees by you to PiOctave.
Violations of these Terms may result in legal consequences prescribed by the applicable laws.
- RIGHTS TO USER CONTENT
If you share your User Content with PiOctave, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to PiOctave a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website and PiOctave’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Website (and derivative works thereof) in any media formats and through any media channels.
- EXCEPTIONS AND LIMITATIONS
- You acknowledge that the Device and the Services are merely a monitoring system, and are not first responders or emergency contact services, and are not to be used as such. Further, you acknowledge that it shall not be PiOctave’s responsibility to monitor your premises. You are aware that in the event of an emergency, PiOctave shall not take any again or dispatch emergency authories to your premises, and the onus to do the same lies on you.
- You acknowledge that while the video footage obtained from your Device is stored on our servers, you may not have access to the latest footage. You are advised to assess the premises on which the Device is located, in case of emergency.
- You acknowledge that there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
- We may, without prior notice, change the Services, stop providing the Services or features of the Services, to you or to Users generally, or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Service, or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE/APPLICATION, THE SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
- PiOctave warrants the Device against defects in materials and workmanship under normal use for a period of twelve (12) months from the date of purchase (“Warranty Period”).
- In the event the Device is defective, the same shall be replaced by PiOctave, subsequent to it being inspected by our authorised agent, as long as the same is in the same condition in which you received it. If the Warranty Period has expired or is otherwise not applicable as per the Scope and Limitation on Warranty (below), we will return the Device to you.
- You may lodge a complaint for return by sending an email to email@example.com. Upon lodging of your complaint, you are required to return the Device to us in the condition in which it was received. You acknowledge that PiOctave shall not be responsible for Device(s) that are lost in transit, or that are damaged in transit. You acknowledge that you shall bear all risks and costs associated with returning the Device.
- Users who register for the Cloud Plan offered by PiOctave are eligible for theft protection that covers replacement of the Device in the event of theft of the Device. Please note that such protection is only offered to Users with active Cloud Plans, and does not cover Devices with respect to which the Cloud Plan is expired.
- Please note that the warranty on a Device is applicable only with respect to the original purchaser of the Device (and not to second-hand Device(s)), and only within the territory of the country where it was purchased.
- You understand and acknowledge that PiOctave’s warranty obligations with respect to the Device is limited to the repair or replacement of defective Devices within the Warranty Period, and does not include installation, re-wiring, relocation or other services not directly connected to the Device.
- PiOctave does not represent or warrant that the Services are free of defects, viruses or other harmful components. While PiOctave takes reasonable and commercially prudent security measures, it shall not be responsible for any damages or loss that may result from the hacking or infiltration of the Website/Application or PiOctave’s network or systems.
- YOU ACKNOWLEDGE THAT YOU AVAIL OF THE SERVICES AT YOUR OWN RISK. EXCEPT FOR THE LIMITED WARRANTY PROVIDED HEREIN, THE DEVICE AND SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS, AND PIOCTAVE DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.
- PiOctave may terminate these Terms for any reason at any time. PiOctave reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
- You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, or any use by you of the Services. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
- LIMITATION OF LIABILITY
- IN NO EVENT WILL PIOCTAVE OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE APPLICATION/WEBSITE OR THE SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PIOCTAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL PIOCTAVE’S LIABILITY EXCEED THE CONSIDERATION RECEIVED BY PIOCTAVE FROM YOU FOR THE DEVICE AND SERVICES.
- GOVERNING LAW
- This Agreement shall be governed by the laws of India, and the courts of Bangalore shall have exclusive jurisdiction with respect to any dispute arising hereunder.
- MISCELLANEOUS PROVISIONS
- Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
- Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
- Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
- No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
Any notice required or permitted to be given to PiOctave hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified PiOctave. All notice required to be given under these Terms shall be addressed to:
PiOctave Solutions Pvt Ltd
1217, 4th Cross, 1st Block, HAL 3rd Stage,
Bengaluru-560075 Karnataka, INDIA