In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
(hereinafter referred to as "Application" or "App"), owned by Uconomix Technologies Private Limited (hereinafter the "Company"), a Private Company incorporated under the Companies Act 1956, and having its registered office at Mumbai, Maharashtra, India, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
shall mean any natural or legal person who has agreed to become a user of the Website/Application by installing the Application. The Website/Application provides certain services upon registration/acceptance, and such provision of services does not absolve You of this contractual relationship. The term "We", "Us", "Our"
shall mean Uconomix Technologies Private Limited or "Company". "Agreement"
shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it. "Third Party"
shall mean and refer to any individual(s), company or entity apart from the User and Uconomix Technologies Private Limited.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
If you do not agree with any of these terms, please discontinue using the Website/Application.
(d) 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 Website/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 Website/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.
2. ONLINE/ MOBILE APPLICATION PLATFORM
HexaVault is an application available on various platforms including but not be limited to Android, iOS and web. The application enables users to store their private information including but not limited to passwords, financial information and identity documents in an encrypted format. Once stored, the user will be able to easily access all their private data in one place and manage the data with ease.
We may incorporate more features in the future; this however shall in no way be construed as creating an obligation on our behalf to do so.
To avail of the services of the Website/Application and use it, registration is required. In order to use the services of this Website/Application, You are required to register Yourself by providing Your Email. Information such as a User's Name, Photo, etc., may be collected at a later stage as a part of the membership process. Membership is restricted to those persons who are competent to contract under the Indian Contract Act, 1872 and any other applicable laws, rules and regulations. If You are a minor and wish to use the Application, You may do so through Your legal guardian and Uconomix Technologies Private Limited 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 Website/Application, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
The Website/app is basically a secure information storage service available on different platforms such as Android, iOS and web. It can be downloaded and installed from any of these platforms. The service may be provided free of charge or there may be a one time or a periodic subscription charge for using the service. The rates for such charges shall be mentioned in the application and We reserve the right to alter the same. In the event of such change in policy, Users shall be intimated of the same via email 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 takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website/Application, including but not limited to downloading and installation of the Website/Application by the User.
7. REFUND POLICY
You understand and agree that generally, we will not refund any payment once you accept our offer and we make our application and other services to you. In certain instances, refunds may only be issued purely at the Company's exclusive discretion and determination. You understand that if you choose to discontinue using our services before the end of your subscription period, no refunds shall be processed for the unused time.
8. USER'S DATA
You, the User, provide us with your photos, videos, content, email messages, contacts and so on ("Data"). We do not claim ownership of this Data. These Terms do not give us any rights to Your Data except for the limited rights that enable us to offer our Services.
9. USER'S PERMISSION
You the User give us permission to do different things which shall include but not be limited to hosting Your Data, backing it up, and sharing it when You ask us to.
10. USER'S OBLIGATIONS
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.
10.1 You hereby certify that you are competent to contract under the Indian Contract Act, 1872.
10.2 You hereby agree to provide genuine credentials during the process of registration of membership for the Website/Application. You shall not use a fictitious indentity to register.
10.3 You agree to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
10.4 You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website/Application, including, without limitation to, any usage rules set forth in this Agreement.
10.5 You undertake not to:
(a) 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 Website/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 Website/Application is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
(b) Access (or attempt to access) the Website/Application and/or the materials or Services by any means other than through the interface that is provided by the Website/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 Website/Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/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 Website/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 Website/Application. Further, You may report such offensive content;
(c) Use the Website/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);
(d) Use the Website/Application or Services or Content for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
(e) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
(f) Engage in any activity that interferes with or disrupts access to the Website/Application or the Services (or the servers and networks which are connected to the Application);
(g) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/Application or another's mobile phone, systems, devises and software solutions that are extensions of the Website/Application;
(h) Download any file posted in the Website/Application that you know, or reasonably should know, cannot be legally distributed in such manner;
(i) Probe, scan or test the vulnerability of the Website/Application or any network, devises and software solutions to the Website/Application, nor breach the security or authentication measures on the Website/Application or any network, devises and software solutions connected to the Website/Application. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/Application, or exploit the Website/Application or Service or information made available or offered by or through the Website/Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/Application;
(j) Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Application, systems resources, servers, software solutions or networks connected to or accessible through the Website/Application or any affiliated or linked Websites/applications;
(l) Violate any applicable laws or regulations for the time being in force within or outside your home country;
(m) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(n) 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;
(o) Disseminate information through the Website/Application that is false, inaccurate or misleading,or violate any applicable laws or regulations for the time being in force in our country.
10.6 We may review your conduct and content for compliance with these Terms and any other relevant laws applicable in our country. However it is also added that this shall in no way be construed as creating an obligation on Our behalf to do so.
From time to time, the Website/Application may automatically check the version of the Website/Application installed on the Authorized Device and, if applicable, provide updates for the Website/Application (hereinafter referred to as "Updates"). Updates may contain, without limitation to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Website/Application. By installing the Website/Application, You authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Website/Application and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
12. ACTIONS UNDERTAKEN BY THE APPLICATION ON YOUR DEVICE
Upon download and installation of the Website/Application, You grant the following permissions to Uconomix Technologies Private Limited to perform the following actions on the device You have installed the Website/Application in.
(a) To read from, write on, modify and delete information pertaining to the Website/Application on the device's hard disk and/or external storage;
(b) To access and upload the data (as per clause 8) , through wi-fi or data connection if available;
(c) To connect to the Internet, through wi-fi or data connection if available;
(d) To determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;
(e) To determine Your exact location from sources such as, but not limited to GPS;
(f) To access information about networks, access networks including wi-fi networks, receive and send data through the network;
(g) To access the model number, IMEI number and details about the operating system of the device the Application has been installed on, as well as the phone number of the device;
(h) To detect when the phone had been switched off and switched on for the purpose of sending notification/ push notifications;
13. INTELLECTUAL PROPERTY RIGHTS
(a) All information, content, services and software displayed on, transmitted through, or used in connection with the Website/Application, including for example text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like, not inclusive of User Data, (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website/Application, and solely for your personal, non-commercial use. (Please note that any content uploaded by you belongs to you at all times. This section only applies to Content provided by us).
(b) You may not, republish any portion of the Content on any Internet, Intranet or extranet 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 Website/Application, not to insert any code or product or manipulate the content of the Website/Application in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
14. INTELLECTUAL PROPERTY COMPLAINTS
(a) We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes infringement or are aware of any infringing material on the Website/Application, please contact Us at firstname.lastname@example.org.
(b) By providing information to, communicating with, and/or placing material on, the Website/Application, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, You represent and warrant:
(1) You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
(2) all information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
(3) the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Website/Application that specifically ask for unique, fictitious names such as, inter alia certain message boards and chat rooms).
For all such information and material, you grant us, a royalty-free, non-exclusive right and license to use, copy, modify, archive, store, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future for the purpose of providing our services to you. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Websites/Applications, to include the information in a searchable format accessible by users of the Website/Application and other affiliated Websites/Applications, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you. All user data will be deleted thirty (30) days after the user's account has been deleted.
(a) 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 Website/Application. 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.
(b) HexaVault has no obligation to provide You with a copy of the information You or any other User provides on the Website/Application or that the Website/Application has accessed.
(c) 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 Website/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 Website/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 Website/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:
(a) Your use or any Third Party's use via Your account of the Service provided by the Website/Application and its Content;
(c) 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.
17. DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
17.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
17.2 Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Mumbai, Maharashtra, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Mumbai, Maharashtra, India. The proceedings of arbitration shall be in the English language. The arbitrator's award shall be final and binding on the Parties.The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Mumbai, Maharashtra, India and You hereby submit to the personal jurisdiction of such courts.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or email@example.com
20. MISCELLANEOUS PROVISIONS
(a) 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.
(b) 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.
(c) Liability: The Website/App 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.
(d) 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 a 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.