Terms and Conditions

Last Modified: May 15, 2019

This Terms of Use ("Terms") is a legal agreement between you and smartSense Consulting Solutions Pvt. Ltd.(smartSense) and governs the use by "you" of smartSense’s product(“smartOffice”). By using the Service(“smartOffice)” you agree to these Terms. If you do not agree to these Terms, do not purchase or use the Service.

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

1. LICENSE AND RESTRICTIONS.

Subject to these Terms, smartSense grants you a nonexclusive, revocable, non-transferable license to use the Services for your personal, non-commercial use. You may not: (a) modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, create derivative works of, or use data gathering or extraction tools in connection with the Service; (b) reproduce, duplicate, copy, sell, resell, or otherwise exploit the Service, in whole or in part, for any purpose without smartSense’s express written consent; (c) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the respective owner; (d) use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information; (e) engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, “hacking” the Services, or infringing the intellectual property or other proprietary rights of smartSense or third-parties.

The App may include measures to control access to the App (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the App or other Services shall be considered automatically revoked.

2. LEGAL CAPACITY.

The Services are directed to a general audience. We will assume (and by using the Services you warrant that) you have legal capacity to enter into these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). If you are using the Services on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on their behalf and bind them to these Terms. You may only use the Services for your personal, non-commercial use. Your use must comply with all laws that apply to you. You may not use these Services if applicable laws prohibit such use.

3. ACCESS TO THE SERVICE.

By using the Service, you affirm that you are at least 10 years of age or that you have reviewed these Terms with your parent or guardian and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with them. If you are under the age of 10, you must have permission from your parent or guardian in order to use the Services. If you do not have permission from your parent or guardian, certain features and functionality of the Services may be disabled. Information regarding use of your personal information can be found in smartSense’s Privacy Policy or in the privacy policy specific to the Service you are using.

You will receive an invitation from smartSense to register your account in order to access the services. Your Account is personal to you, and you may not rent, lease, sell, trade, gift, bequeath, or otherwise transfer it to anyone else. You agree to provide true and complete information about yourself when you register your Account and to keep it up to date. You are solely responsible for maintaining the confidentiality of your password and username and for any activities that occur under your Account. smartSense reserves the right to immediately terminate your access to the Service or your Account if you breach these Terms or otherwise violate any applicable law, rule, or regulation in your jurisdiction.

By using the Service and providing us with your contact information, you explicitly consent to receive communications from us. If you would not like to receive such communications, please review smartSense’s Privacy Policy and opt-out procedures.

4. RESTRICTIONS ON USE.

During your use of the Services, you may create connections between our hardware devices, third-party hardware devices, our Services, and/or third-party services. You agree that you will not connect to the Services any hardware devices or third-party services in a manner that could be dangerous to any person(s), or which could cause damage to or loss of any property.

Your use of the Services is subject to the following additional restrictions. You may not use the Services or interact with the Services in a manner that:

  1. Infringes or violates the intellectual property rights or any other rights of anyone else;
  2. Violates any law or regulation;
  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. Jeopardizes the security of your account or anyone else's;
  5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. Violates the security of any computer network, or cracks any passwords or security encryption codes or otherwise incorporates any disabling code designed to permit improper use, access, deletion or modification of software or hardware programs or systems or improperly to disable, deactivate, damage or shut down such programs or systems;
  7. Sends, creates, or replies to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engages in "spamming" (i.e., unsolicited emailing for business or other purposes);
  8. "Crawls," "scrapes," or "spiders" any page or portion of the Services (through use of manual or automated means);
  9. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  10. Copies or stores any significant portion of the content;
  11. Decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services; or
  12. Undertake any other activity which may adversely affect the operation or enjoyment of the Services by any other person, including placing malware on the Services.

5. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL TP-LINK BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR FAILURE OR MALFUNCTION OF ANY DEVICE CONNECTED TO THE SERVICES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO TP-LINK IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.

THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

6. INTELLECTUAL PROPERTY.

(a) You acknowledge that all intellectual property rights, including without limitation patents, copyrights, trademarks, trade secrets and all other proprietary rights, in the Products, Product Software, and Services (i.e., the Sites, Web Apps, and Mobile Apps) are owned by smartSense (collectively, the "Rights"). Your possession, access, and use of the Products, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in the Rights. smartSense reserves all rights not granted in these Terms. Moreover, other than with respect to User Contents (defined below), smartSense retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it.

(b) Use of the Services. Your right to make use of the Services and any content appearing on it is subject to your compliance with these Terms. Modification or use of the content on the Services for any purpose not permitted by these Terms may be a violation of the Rights protected by law and these Terms and is prohibited.

You are prohibited from using the Rights except as specifically permitted in these Terms. Subject to these Terms, smartSense grants you a limited, non-exclusive and non-transferable license to download, copy, install, and use the authorized parts of the Services (including this Site) on to your own device (e.g., your computer, smart device, etc.) for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own website without the prior written consent of smartSense. You must have a reseller or distribution license from us before you can copy or redistribute any portion of the Services. Any authorization to copy content granted by us in any part of the Services for any reason is subject to your keeping intact all copyright and other proprietary notices. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.

Also, modifying, translating, adapting, or otherwise creating derivative works and improvements, decompiling, decoding, reverse engineering, disassembling, or otherwise reducing the code used in any software in connection with the Services into a readable form in order to examine the source code or construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

(c) Open Source. Certain items of independent, third party code may be included in the Web Apps and/or Mobile Apps that are subject to the GNU General Public License ("GPL") or other open source licenses ("Open Source Software"). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.

7. TERMINATION.

These Terms will automatically terminate if you fail to comply with any term hereof. You and smartSense have the right to terminate or cancel your Account at any time for any reason and without notice. Upon termination you shall immediately discontinue use of the Service. Your obligations under Sections 6, and 11 shall survive any termination.

8. INDEMNITY.

You agree to indemnify and hold smartSense harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys' fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third-party using your account), (b) your violation of these Terms, and (c) your intentional infringement of third-party intellectual property rights. In the event of such a claim, suit, or action ("Claim"), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

9. UPDATES.

smartSense may from time to time in its sole discretion develop and provide updates to its Services and/or Product Software, which may include upgrades, bug fixes, patches, other error corrections, security fixes and/or new features (collectively, including related documentation, if any, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either: a) the Services will automatically download and install all available Updates; or b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.

Updates to the Product Software may be automatically installed without providing any additional notices or receiving any additional consent. You consent to such automatic updates.

10. INFRINGEMENT NOTIFICATION.

Any claims related to the Services should be addressed to contact details mentioned in section 12.

11. GENERAL.

These Terms, along with the Privacy Policy, and any other privacy policy applicable to the specific Services you are using, constitute the complete and final agreement between smartSense and you with respect to your use of the Services and may not be modified by you except in a writing duly signed by you and an authorized representative of smartSense.

smartSense may make changes to the Services, these Terms, or its Privacy Policy from time to time. smartSense will use reasonable efforts to provide you with notice of any material changes. All such changes will become effective immediately upon notice and/or posting. If any of these changes are deemed invalid, void, or for any reason unenforceable, that change will be deemed severable and will not affect the validity and enforceability of any unchanged portions of the Services, these Terms, or the Privacy Policy. smartSense may transfer or assign the Services, these Terms, or the Privacy Policy, in whole or in part, to any third-party of smartSense’s choosing. These Terms will inure to the benefit of and be binding upon smartSense’s respective successors and assigns.

In the event that you take legal action, suit must be filed before a сourt of the Indian Judiciary.

12. HOW TO CONTACT US

Please forward any comments or complaints about the Services to:

smartSense Consulting Solutions Pvt Ltd
9th Floor, Gift One,
GIFT City, Gandhinagar,
Gujarat.
Pincode: 382355
Phone: +91 99251 28328
support@smartsensesolutions.com