PHYNART PVT LTD
SOFTWARE LICENSE AGREEMENT FOR PHYNART APPLICATION (iOS)
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE PHYNART PLATFORM. BY USING THE PHYNART PLATFORM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE.
- The Phynart application ( Hereafter known as “Phynart Platform”) provides the application, hardware products, internet of things software platform, website i.e. www.phynart.com along with the mobile application the entire Digital vault ("Application/Licensed Application") through which the Services (as defined below) are licensed, not sold to you ("You" or "Your" which shall mean and include yourself as well as all person/s claiming through or under you) by Phynart for use only under the terms of this License. Phynart retains its ownership of the Phynart Platform itself and reserves all rights not expressly granted to you.
- Phynart, at its discretion may provide with updates or upgrades to the Phynart Platform for your compatible Android device. The Phynart Platforms upgrades and updates, if any, may not necessarily include all existing software features or new features that Phynart releases for newer or other models of Android devices. The terms of this License will govern any software upgrades or updates provided by Phynart to the original Phynart Platform product, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or updates.
2. Permitted License Uses and Restrictions:
- License: Subject to the terms and conditions of this License and as permitted in the “Play Store Product Usage Rules” set forth in the App Store Terms and Conditions unless you obtained the Phynart Platform as described in Section 2B, you are granted a limited, non-transferable, non-exclusive license to install and use the Phynart Platform on any compatible Android device that you own or control. You may not distribute or make the Phynart Platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Phynart Platform.
- System Requirements: Phynart Platform is supported only on Android hardware devices that meets specified system requirements as indicated by Phynart.
- No Reverse Engineering: You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Phynart Platform or any services provided by the Phynart Platform, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the Phynart Platform).
- Compliance with Laws: You agree to use the Phynart Platform and the Services (as defined in Section 4 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Phynart Platform and Services.
- Automatic Updates:If you choose to allow automatic app updates, your device will periodically check with Phynart for updates and upgrades to the Phynart Platform and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your device and, if applicable, your peripheral devices. You can turn off the automatic app updates altogether at any time by changing the automatic app updates settings found within settings tab within the Phynart Platform.
3. Consent to use data:
- Diagnostic and Usage Data:If you opt in to diagnostic and usage collection, you agree that Phynart and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your Android device, computer, system and application software, and peripherals, that is gathered periodically to provide and improve Phynart’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Phynart Platform, and to verify compliance with the terms of this License. Phynart may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above.
- Location Data: Phynart and its partners and licensees may provide certain services through the Phynart Platform that rely upon location information. To provide and improve these services, where available, Phynart and its partners and licensees may transmit, collect, maintain, process and use your location data, including the real- time geographic location of your device on which the Phynart Platform is used, and you hereby agree and consent to Phynart and its partners' and licensors' collection, use, transmission, processing and maintenance of such location data to provide such services. In addition, by enabling and or using any location-based services or features within the Phynart Platform (e.g. the Phynart software application), you agree and consent to Phynart collecting, using, processing and maintaining information related to your account, and any devices registered thereunder, for the purposes of providing such location-based service feature to you. Such information may include, but is not limited to, your account ID and name, device ID and name, device type and real-time geographic location of your device at the time of your request. You can withdraw your consent at any time by turning Location Services and/or the collection of location data related to the Phynart Platform software application to "Off" found within settings tab within the Phynart Platform.
4. Phynart Online and Phynart Retail Stores and other Services.
Phynart Platform enables access to the Phynart Online and Phynart Retail Stores, which may offer products for sale and other services (collectively and individually, "Services"). Use of the Services requires Internet access and use of certain Services requires you to accept additional terms and conditions which will be made available or presented to you in the course of using such Services.
By using Phynart Platform to access the Phynart Online and/or Phynart Retail Stores, you agree to the latest Phynart Online and/or Phynart Retail Store Sales and Refund Policy, which you may access and review from the home page of the Phynart Online Store or at www.phynart.com.
Certain Services may include materials from third parties or links to certain third party websites. You acknowledge and agree that Phynart is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Phynart does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Phynart is not in any way responsible for any such use by you.
You agree that the Services contain proprietary information and material that is owned by Phynart and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
Phynart and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Phynart be liable for the removal of or disabling of access to any such Services. Phynart may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Phynart if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Phynart Platform and destroy all copies, full or partial, of the Phynart Platform. Sections 3, 4, 5, 6, 7, 8, 10 and 11 of this License shall survive any such termination.
6. Disclaimer of Warranties.
- If you are a customer who is a consumer (someone who uses the Phynart Platform outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about consumer rights, you should contact a local consumer advice organization.
- You expressly acknowledge and agree that, to the extent permitted by applicable law, use of Phynart Platform and any services performed by or accessed through Phynart Platform is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and efforts is with you.
- To the maximum extent permitted by applicable law, Phynart Platform and services are provided "as is" and “as available”, with all faults and without warranty of any kind, and Phynart and Phynart's licensors (collectively referred to as "Phynart" for the purposes of sections 6 and 7) hereby disclaim all warranties and conditions with respect to the Phynart Platform and services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights.
- Phynart does not warrant against interference with your enjoyment of the Phynart Platform and services, that the functions contained in, or services performed or provided by, the Phynart Platform will meet your requirements, that the operation of the Phynart Platform or services will be uninterrupted or error-free, that any services will continue to be made available, that the Phynart Platform or services will be corrected, or that the Phynart Platform will be compatible or work with any third party software, applications or third party services. installation of this software may affect the usability of third party software, applications or third party services.
- You further acknowledge that the Phynart Platform and services are not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in the content, data or information provided by, the Phynart Platform or services could lead to death, personal injury, or severe physical or environmental damage, including without limitation the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems.
- No oral or written information or advice given by Phynart or Phynart authorized representative shall create a warranty. Should the Phynart Platform or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
7. Limitation of liability:
To the extent not prohibited by applicable law, in no event shall Phynart be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Phynart Platform and services or any third party software or applications in conjunction with the Phynart Platform, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Phynart has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Phynart's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of purchase price of the products currently used by the user. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Controlling Law and Severability:
This License will be governed by and construed in accordance with the laws of India and Pune Courts will have jurisdiction of the same.
You hereby indemnify and hold harmless, and upon Phynart’s request, defend, Phynart and its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) for any loss and/or damage caused to the Phynart and/or arising out of any claim, action, or proceeding brought by a third party and/or any person based on:
- your use of the Licensed Application and Service;
- a breach of any warranty, representation, covenant or obligation of yours under this Agreement; or
- your violation of any third party right.
- your violation of any rules, regulations, laws and bye-laws etc
You will reimburse Phynart and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section provided that Phynart attempts to obtain your written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned. Phynart shall promptly notify you of any such claim, and you shall assume control of the defence of such claim upon Phynart’s request. Phynart shall have the right, at its expense, to participate in the defence thereof under your direction.
10. Complete Agreement; Governing Language:
This License constitutes the entire agreement between you and Phynart relating to the Phynart Platform, and supersedes all prior or contemporaneous understandings regarding such subject matter. The Agreement will be updated from time to time and the latest version will be binding upon you. No amendment to or modification of this License will be binding unless in writing and signed by Phynart. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.