Agreement to use
I. Terms and Conditions
The usage of Phynart’s website, platform, products including but not limited to Phynart’s complete range of devices (including components, parts and accessories), services or mobile/ web-based application(s) by you, i.e., the end-user, implies that you hereby:
- agree and consent to the following terms and conditions, including any future updates, modifications or amendments, from time to time, in respect of this terms and conditions; and
Every use and continued access by you of our products and services is deemed to mean that you have agreed to accept and adhere to this terms and conditions as amended and applicable at such time.
This terms and conditions constitute a binding and legal agreement between you and Phynart. We understand that you specifically acknowledge and consent to the terms and conditions mentioned in all sections of this agreement to use prior to your use of any Phynart product and service including the products offered at our website or the website of our business partners, purchase of plans and services, availing any other services offered by Phynart from time to time, uploading data, browsing or accessing our website or any other service offered by Phynart or its various platform(s). You are requested to read and understand all the sections set forth below carefully in order to understand our policies in relation to, including but not limited to, communication, dispute resolution, agreement violations, warranties and disclaimers.
To avoid any doubts, it is stated that the terms and conditions in this agreement to use shall apply to Phynart products and services, offered by us directly or through our affiliates and business partners.
The terms and conditions published in this agreement to use is an electronic record in terms of the Information Technology laws and regulations applicable in India at Pune Maharashtra and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the relevant regulations. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- “Agreement” or “agreement” shall refer to this agreement to use providing and detailing the terms and conditions of use of Phynart products and services,
- “Phynart” and/or “Company” shall refer to and include Phynart Technologies Private Limited, its, affiliates, its owners, chairpersons, directors, employees, officers, partners, subsidiaries, shareholders, contractors, sub- contractors, dealers, distributors, retailers, agents, and assigns,
- “You” or “your” or “customer” or “user” or “end-user” shall refer to individual(s), entity(ies) or group(s) who directly or indirectly purchase, acquire, use and access any Phynart products and/ or services,
- “Phynart” , “Our”, ‘we’’ or “us” shall refer to and include Phynart Technologies Private Limited, associated partners and subsidiaries,
- “Limited Warranty Statement” shall refer to Phynart’s limited warranty terms and conditions, as provided and updated at the document section of specific product.
- “Product” or “product” shall refer to any and all Phynart product(s) mentioned in our portfolio online or offline.
- “Services” or “services” shall refer to any free or paid subscription-based services offered by us online or offline, functionalities through mobile or web-based application and associated product and customer service.
- “Third Party Service” means applications and/ or services (currently available or as may be available in the future) provided by any third party, including without limitation, the voice services, that may be used or availed by you through or during usage of the Products and Services.
By using, accessing, downloading or registering with our products, services, platform or mobile or web-based application for any general or specific purpose you agree to abide by the general terms and conditions set forth by this Agreement. These terms and conditions shall also include any additional or modified terms and conditions in relation to the Phynart product and services or any future product or service that might be offered by Phynart or its platform. If at any point in time you do not wish to be bound by Phynart’s terms and conditions, then you may not use and access our products and services and your access and service in respect thereof will be immediately terminated. Your agreed usage of our products and services makes you obligated to follow and adhere to the terms and conditions mentioned in this Agreement. Accepting or consenting to the terms and conditions will comprise a legitimate contract by and between you, of minimum age to enter into a legal contract as specified by local laws) as an individual client of the relevant Phynart products and services or any other eligible client or recipient of the Phynart products and services, the date and time of which shall be recorded by us. All administrations are rendered by Phynart through the Phynart platform under the brand name "Phynart" (or any subordinates or varieties thereof). Therefore, every one of the rights, advantages, liabilities and commitments under this agreement will, by and large, gather to the advantage of, or acquired by, Phynart, with respect to your utilization of Phynart’s products and services offered by Phynart or its platform. So long as you adhere to this Agreement, Phynart provides you with a personal and non-transferrable privilege to use and avail our products and services.
IV. Permitted Use and End User Representations and Warranties
Our Products and Services are not meant to be explored by anyone who is not deemed adult as per local laws and regulations. Your use of products and services states that you are legally adult or using such products and services under supervision of your parent or guardian who agrees to be bound by the terms and conditions of this Agreement. You represent and warrant that you have the full authority to enter into this agreement with Phynart and that in doing so you are not violating any terms and conditions you are already party to (if any). You further agree to use the product in complete compliance with all the applicable laws of India Pune Maharashtra. By agreeing to this Agreement or by generally utilizing the Phynart Services on the Phynart platform, you declare that you are legally adult and have not been recently suspended or prohibited by Phynart from using and accessing its products and services or utilizing the Phynart Platform. If you are accepting this terms and conditions on behalf of a company, limited liability partnership or other legal entity, you represent and warrant that you have the authority to bind such entity to this terms and conditions and, in such event, “you” and “your” as used in this Agreement shall refer to such entity. Further, you acknowledge and warrant that you will comply with all applicable laws and regulations and you have the right, authority, expertise and ability to enter into this Agreement and to comply with all the terms and conditions of this Agreement.
For accessing all the features of our products and services, every user has to register at our platform with a unique user name and account password. For better experience, you are requested to read the instructions available on the product/ service user manual as provided either online or offline.
By registering and creating your user account (as defined herein below) for use and access of our products and services, confirmation to user content and associated services, accessing our platforms etc., you agree as follows:
- provide accurate, current and complete information as may be prompted (i.e., registration and user account details) and maintain and undertake to update the same in respect of any changes;
- maintain the security of your passwords;
- accept all risks of unauthorized access attributable to you in relation to the registration and user account details and any other information you provide to us;
- notify us immediately of any breach of security or any unauthorized use/ access of your user account (if any);
- not authorize, assign or otherwise transfer your user account to any other person or entity, without our express prior written consent or unless permitted under this agreement;
- access or operate our products and services through your user account created and in no event use another person/ entity’s user’s account for any purpose or objective; and
- be responsible for all activity on your user account and any activity of authorized users in relation thereof and to use and operate the same in accordance with applicable laws.
Your use of the products and services is further subject to the following restrictions (without limitation) and accordingly, you represent and warrant as follows in order to refrain from:
- Reproducing, reverse engineering, transferring, selling, reselling, or otherwise misusing the products and services, any content, features, skills, software, third party services from the platform in any manner other than as permitted under this agreement.
- Accessing, using or tampering with the non-public areas of any of our software, platforms, networks or our systems.
- Reverse engineer or try to reverse engineer any of the proprietary/ intellectual property aspect of, including but not limited to the products and services, software, our platforms, networks, systems, etc., wholly or in part.
- Breach or circumvent or attempt to break or circumvent our authentication and security processes and measures of our systems or networks.
- All applicable Alexa or Google Assistant terms and conditions, disclaimers and privacy statements as issued, updated and revised from time to time by Amazon or any other Amazon affiliated entity or Google Assistant shall govern the terms and conditions of use (including but not limited to data protection and data privacy terms) of Alexa or Google Assistant enabled features and skills in respect of our Products and Services.
- This Agreement deals with use and access of our Products and Services in addition to use of features accessible through Amazon’s Alexa and Google Assistant. Provided, however, that any other features forming part of or in relation to or in connection with any smart home suite available and accessible to end-users through either Alexa or Google assistant or any other similar or identical smart home suite is not provided by Phynart, and accordingly, Phynart, shall not have any responsibility, liability or obligation towards the end-user in this regard.
- You undertake to take all the necessary measures to preserve, in good condition, our products and devices purchased, used and accessed by you.
- Our Products and Services are covered by a contractual 36 Months warranty unless otherwise specified on the products/ services or its packaging or by any other authorized third party at the time of sale and purchase thereof. The same shall be governed by our warranty policy which is deemed to be part hereof. However, this warranty shall not apply in the case of natural wear and tear of the devices, damage caused by negligent use of the devices and components/ parts/ kits thereof, or by use in a manner for which the devices and components/ parts/ kits thereof was not intended or other terms and conditions of the Limited Warranty Statement.
- This Agreement, supplemented by product/device and its components, parts, kits thereof specific care and safety instructions/ user manual pertaining to its use, shall be at all times strictly followed, failing which the Company shall disclaim all warranty obligations over the device.
- Phynart does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of any content or service or applications offered by any trusted authorized third party (including any Third Party Services), and disclaims all liabilities arising from or related to thereof.
- Any information about pricing, specifications and in general case all information about, relating to or in connection with the device is subject to change without notice. It is possible that there could be errors or omissions in the information provided on our online platform and databases. Such information could also be incomplete. We shall not be responsible for any errors, omissions or misrepresentations on our platform(s) (online or otherwise) in this regard. Phynart and its authorized third parties hereby explicitly and specifically disclaim any and all representations, warranties or guarantees, whether written, oral, expressed or implied with respect to any information, details or particular on the platform(s) of Phynart or any third party including, without limiting the generality of the foregoing, any warranty as to the quality, value, fitness or merchantability of the products/ devices/ services offered to be sold on the platform (if any).
- Any Product or Service purchased and used by you is provided to You strictly on an ‘as is’ basis. Notwithstanding anything contained in this Agreement, Phynart does not warrant, except as provided under this Agreement, that the Products and Services: (a) will perform error-free, deficient-free or uninterrupted, or that Phynart will correct all or any errors, deficiencies or defects, in any or all events; (b) will operate in combination with any of your unauthorized devices (such as desktops, laptops, touch pads, mobile phones, cables, etc.), or with any other hardware, software, systems or data not provided and authorized by Phynart; and (c) will meet your requirements, specifications or expectations.
- Phynart further acknowledges and disclaims that Phynart does not control the transfer of data over communications facilities, including the internet, wi-fi connection, and that the Products and Services, any web-based or mobile application, software and cloud services and other related or pertinent content
- Products/ services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Consequently, we are not responsible for any (a) delays, delivery failures, or other damages as a result; (b) issues related to the performance, operation or security of the Products and Services, any web-based or mobile application, software and cloud services and other related or pertinent content/ services that arise as a consequence therefrom.
- You acknowledge and agree that the entire risk arising out of your use of the Products and Services, any web-based or mobile application, software and cloud services and other related or pertinent content/ services remains solely with you. Your use of the Products and Services, any web-based or mobile application, software and cloud services and other related or pertinent content/ services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions due to use of and access to the Products and Services, any web-based or mobile application, software and cloud services and other related or pertinent content/ services constitute your agreement and intent to be bound by and to pay for the services provided by the by us and our authorized third parties.
- By virtue of use and access of the Products and/ or Services by you, Phynart disclaims any liability or responsibility with respect to any data intended for you, including but not limited to advertisements, marketing and promotional materials, value deals, etc., either by Phynart or by any trusted and authorized third party(ies) on behalf of Phynart.
VI. Connectivity and Availability
Our Products and Services will require certain input parameters to perform efficiently and hassle-free including an active internet connection and live power supply. You need to ensure that the data plan and service is compatible with the Phynart product/ device and services you want to use. The user shall be solely responsible if he/ she is not able to utilize full features of his/ her products and services availed, owing to non-availability of necessary input parameters as stated and required by the product. Some products and services may be offered for a limited time or might require you to upgrade your current subscription. In addition, if the purchased product or service is located in an area where the internet and data services are partially or fully inaccessible then Phynart would not be responsible for any corresponding loss of product features and services. You are also responsible for any charges you may incur on the product and services resulting from, including but not limited to, the transmission of data online or cost of internet services. You acknowledge that you are responsible for any such costs and expenses incurred by you in relation to use and access of Phynart Products and Services.
VII. Data Management
VIII. Pricing and Payment
Pricing for our products and services is quoted in Indian Rupees (INR) and any kind of payments or transaction with our platform can only be accepted in Indian Rupees. Prices mentioned on the website or any other online or offline source might be subject to Goods Service Tax (GST) or any other tax in compliance with applicable laws. You can opt to pay via your VISA or Mastercard (debit or credit cards), cash payment or by using any third-party payment gateway (including but not limited to Razor Pay or any other opted platform) integrated with our Product and Services. In case of international credit cards, the transaction might be subject to currency conversion charges based on your bank’s credit card policy. Your order will only be confirmed once the payment is processed (only in case of cashless transactions) and you receive a formal order confirmation from Phynart. All products and services offered by Phynart can be availed by any potential user subject to the abovementioned permitted use and end-user representations and warranties. Your order for purchase upon finalizing a product constitutes your offer you send to Phynart which will be subject to the terms and conditions mentioned herein.
- Phynart reserves the right to accept or cancel your order partly or fully,
- Our acceptance of an order does not make us liable to provide you the product. Dispatch of your product is subjected to certain parameters like availability of the product with us, accessibility of your location to us to deliver the product or any other necessary condition. Our acceptance of the order will only be specified by the dispatch of the product requested by you from our end,
- In some cases, part of your order might not be immediately available with us, in those case we reserve the right to update you on the availability to seek a new delivery date or cancel the pending order altogether,
- We will notify you via suitable means such as email alert or SMS alert once the product is dispatched for delivery and that shall be deemed as acceptance of your order from Phynart,
- Phynart shall use best efforts to specify and display accurate data and product images on the website. However, actual products might vary in some respects from the one displayed on the website,
- In case of any failed transaction via a card transaction or through a third-party payment gateway, where the amount is deducted from your account but not credited to Phynart’s account, Phynart shall not be held responsible for any refund obligations by the user. Any refund, payment charges, card charges or any other involved expenses shall be taken care by your respective bank or the third-party payment gateway (including but not limited to Razor Pay or any other opted platform) you are using.
Please note that in respect of use of any third-party payment processors as specified above whether now or in the future, for any payments made on or through our platforms, the web-based or mobile application and/or any products and services, the processing of payments will be subject to the terms, conditions and privacy policies of such payment processors in addition to this Agreement. You acknowledge that neither we nor any of our directors, shareholders or other representatives shall be liable to you under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages that result from or arise out of your use of the aforementioned payment processors, your payment through the aforementioned payment processors or your ability or inability to complete the payment to subscribe to any service.
IX. Cancellation of order and Refund
In case of any failed transaction via a card transaction or through a third-party payment gateway, where the amount is
deducted from your account but not credited to Phynart’s account, Phynart shall not be held responsible for any refund
obligations by the user. Any refund, payment charges, card charges or any other involved expenses shall be taken care by
your respective bank or the third-party payment gateway you are using. You can , however, contact Phynart Customer Care
specialist in case you need any further support.
For cancellation of order, please get in touch with Phynart Customer Care.
X. Third Party Services
The Third Party Services shall be available subject to the terms and conditions specified by the relevant third party and you
are required to read, agree and comply with all such terms and conditions while availing any Third Party Services. Phynart
does not make any representations or warranties relating to any Third Party Services, including its continued availability,
performance, level of performance etc. Certain Third Party Services may, including but not limited to (i) may be available
subject to certain prerequisites or conditions; (ii) may not be available in some areas and (iii) may be available subject to a
separate subscription and payment of fees. Phynart shall not be liable for any Third Party Services, including any failure or
You confirm that any Third Party Services availed by You will be at Your cost, approval (whether express or implicit) and discretion and Phynart does not make any representation as to its content(s), availability, suitability, tenure, continuality, appropriateness or quality of any Third Party Services.
XI. Transfer of Ownership
On receipt of any Product by you, such Product shall be deemed to have been owned and accepted by you in good condition and will be liable to the terms and conditions of this Agreement, unless otherwise notified to the Phynart team for any irregularities with the product within 1 (one) week of purchase and such notification is acknowledged in writing within 2 (two) days by the Phynart customer service team. The user shall not be entitled to withhold any payment while any complaint is being resolved or any claim is being investigated. Any returns will be covered under our “Limited Warranty Statement”. Products returned under our relevant policy(ies) shall not be damaged and shall be as-new-as or as-shipped-by Phynart (or Phynart products). All the accessories, parts and components accompanying the main product like manuals, power supply adaptors, location indicators, power cables, or other items included with the Product, must be returned with it in a proper, safe and efficient manner.
XII. Installation and Use
XIII. Communications Policy
Acceptance of this Agreement states that you agree to the below terms and conditions:
- Phynart may send alert via email, text message, or by push notification to the email and/or number shared by you while opting for our Products and Services. These alerts will require your phone to have an active network service from a service provider and your phone settings should allow receipt of a text alert. While receiving email alert you should ensure that the e-mail servers and e-mail id should be functional. For receiving alerts via push notification for the mobile application, the user should ensure supporting phone settings. If your phone or e-mail server is not aligned so as to receive the alerts from Phynart then you might receive a delayed message or might not receive any message at all,
- We will try our best to notify you via text message, email or push notification on important data and information related to Phynart product. It shall be deemed that you have received the information shared via the alert through the email id and/or phone number shared with us while using our Platform or availing our Products and Services. We will not be responsible if due to any circumstances you are not able to receive the alerts from Phynart team. This might include non-availability of an active network or internet services on your device, receipt of the alert by any other person associated to you, or any other reasonable condition,
- Please understand that sharing of information via alerts might be subjected to error, omission or inaccurate information based on certain factors, such as error while information compilation, typo-error or any other uncontrollable factor. This is an additional facility provided by Phynart for your convenience and it is your responsibility in case you observe any error or discrepancy in the information shared, to immediately notify Phynart and we shall make the best efforts to rectify the issue at hand. Phynart shall not be responsible for any loss, damage, claim, expense and/or legal cost arising out of your usage of the alert facility by us,
- In any case of misuse or unlawful use of the Products and services at your end, misuse of the alert notifications, supply of fraudulent information from your end, sharing of incorrect number or sharing any third-party number other than yours, states that you indemnify and not hold Phynart or the email or text alert service-providers responsible for any kind of losses incurred. Phynart and its officials will be held harmless and non-liable for any damages, losses, claims, compensations, and expenses whatsoever including any sort of expenses incurred related to legal proceedings.
XIV. Other Customer Responsibilities and Duties
By agreeing to this Agreement, the user agrees to below terms and conditions:
- The Product is deemed to be used for personal use only, not for commercial use or any other use for the benefit of any third-party,
- The user is responsible for compliance with the laws, rules, regulation and/or ordinances relevant to the use of the Product, including but not limited to privacy rights, data sharing policy, videos and audio recordings, surveillance or any other activity associated to the use of the Product,
- You are responsible to access the Product website and mobile application from a trusted source and keep your login detail, password and other personal information safe from being misused by any other individual(s) or third- party,
- You agree to fully indemnify, defend and hold harmless Phynart and waive any claims against it or its related associates in case you fail to comply the above stated conditions.
XV. Product Dispatch and Delivery
Upon receiving any offer from a customer, we reserve the right to accept or reject the order. Acceptance of any order will only be considered from our end once the product is dispatched. Phynart shall deliver the product to the delivery designated by the customer as the “Billing Address” or “Place of Delivery” while sharing his/ her personal information. In case the order is shipped in parts then a different delivery policy and schedule will be applicable to the part orders processed separately. The delivery of any multiple parts of a single order shall be free of any terms and conditions stated on any individual part delivery or a previously delivered or a non-delivered part. Phynart shall try its best to deliver the products within the stated or proposed date of delivery, but any such time commitments shall not be considered part of this Agreement. Phynart shall not be responsible in any delay or failure in the delivery of the said products or services, whatsoever the reason may be. In consideration of the continuous on-going product update or any revision in specifications in order to improve the product performance and provide our users with a better experience, Phynart shall modify or discontinue any existing product in its portfolio. We will try to ensure that the revised products have the specifications and features of the product ordered by the customer. However, it is possible in some cases that our policy might result in slight differences between the specification and features delivered to the customer as compared to the specifications and features ordered by the customer. Some of the products might altogether be discontinued from being manufactured and the Phynart can no longer provide the customer with the requested configuration, in such cases Phynart will not be held responsible for fulfilling any such customer order or request. In any other discrepancies arising out of reasons like pricing error, unsuccessful attempt at purchase or the product being unavailable with Phynart, Phynart cannot be held liable in any form whatsoever. Phynart will try to contact the customer via suitable means and update them on the suitable alternatives to the products ordered by them.
XVI. Software License
The software embedded or associated with the Product is owned by Phynart or our business partners and it is only licensed, not sold to you. Product software includes but not limited to embedded software, associated third party software, documentation, data, interface or any other content accompanying your product. Subject to terms and conditions stated in this Agreement, Phynart allows you to select and use our services or web-based/ mobile application for a limited time based on your terms of purchase. You have a grant for this period to a limited, non-licensable and non-exclusive license to use, install, run and access a copy of our Product software on your purchased Product or on your mobile phone/ smart device solely for the purpose of personal and non-commercial purposes. Our services might come integrated with third-party software, in which case the terms of that product’s software license shall govern the appropriate way and conditions to use the product. Phynart reserves the right to shut down or discontinue our products or platform without any prior notice. In any such event, Phynart shall not be held responsible for any loss of information or other loss/ damage in any manner whatsoever.
XVII. Unsupported Conduct
By accepting the terms and conditions of this Agreement, you agree not to:
- Violate the terms and conditions of this Agreement,
- Share false or fraudulent information while logging in or opting for our Products and Services,
- Violate Phynart’s or any third-party’s right to privacy or publicity and intellectual property rights,
- Use Phynart’s services including, but not limited to, our Product and Services, platform or mobile application in any manner that might damage, deform, impair or overburden it,
- Use any automatic device or manual process to monitor or copy Phynart’s platform or its stored data without any prior written consent,
- Use any device to bypass, interfere or attempt to interfere with our Products and Services,
- Indulge in any actions that might overload Phynart’s infrastructure or network with unreasonable huge amounts of data,
- Sell or share the data stored on our network, unless you have a prior written permission,
- Share or transmit any data, message, image or video which is defamatory, derogatory, offensive or vulgar in nature, infringing rights of an individual(s) or a group(s) or association(s),
- Refuse to cooperate to provide confirmation or help with an ongoing investigation regarding your true identity or the personal information shared by you with Phynart,
- Propagate or share false, defaming, incorrect or misleading information,
- Avail Phynart’s’ Products or Services with what we believe or come to discover as potentially fraudulent funds,
- Sell our Products and Services or data, information or software details associated with or derived from it,
- Share or transmit any message or data which is derogatory, defamatory or which shares or discloses the personal and private matters of any individual(s),
- Remove, disable, distort or otherwise interfere with security related features or other features that puts a limitation on the use of our products, services or platform,
- Interfere or interrupt with our Products, Services, platform or associated networks,
- Use our products with any third-party accessories. You should only use Phynart’s genuine accessories with the products for the purpose of charging the product, use of any additional sensor or any other related product specific requirement,
- Take any action that infringe our rights and rights of our associated business partners or lead to loss of any kind of services from our business partners such as mobile operators, telecom operators, payment processors or other suppliers,
- Send or transmit an automated request of any kind via our products and services, without any prior written consent from us,
- Breach this Agreement or any other Policy/ Statement related to usage or purchase of our Products and Services.
XVIII. Termination in case of Violation
If in any scenario or circumstance, you breach any of the terms and conditions stated by this Agreement or any other Policy/ Statement associated with the use and access of our Products and Services, you concur that Phynart, in its sole discretion, for a specific or no reason, and without any kind of penalty, might suspend or terminate your account or part of your account with Phynart permanently, or until further notice, at any time. Phynart reserves the right to also not grant you access to any of our Product and Services fully or partly thereof, with or without any prior notice. You agree that in scenarios of the termination or suspension of your account or a part of it thereof, your user profile or your recipient profile based on the breach of this agreement or on account of any inappropriate and unlawful activity, Phynart shall not be held liable for the termination of your subscription or services. We also hold no responsibility for retrieving your stored and encrypted data with us. We reserve the right to permanently delete your data stored on cloud if we find it obsolete. Any suspected illegal, fraudulent, abusive or offensive activity shall be accounted as inappropriate and unlawful. These terms and conditions and associated remedies are in addition to any other solutions and remedies Phynart has defined in law or in equity. Upon termination of your account, you shall immediately stop using our Products and Services. Phynart will not be held accountable to compensate for any loss, damage or non-availability of your data including any legal expenses incurred by you in this respect.
XIX. Limitation of Liability, Waiver and Liquidated Damages
Phynart provides you with Product and Services you choose. You acknowledge and warrant that we are not insurers and nor
is the Agreement should be considered as an insurance policy or a substitute of an insurance policy for the product. You
understand and agree that Phynart and our products does not provide a guaranteed protection against robbery, theft, burglary,
fire, smoke, natural calamity, property damage, physical injury or any other type of damage or emergency. You are solely
responsible for determining your personal or property insurance needs and select a necessary insurance plan. You are solely
responsible for your personal safety and/or safety of your premises and for the loss or damage incurred by you or your
property. Phynart will not be held responsible to provide you with kind of compensation in case of any incident in your
premises (where product is installed) including any damages, losses, claims, compensations, and expenses whatsoever
incurred due to property damage, personal injury, robbery or any sort of expenses incurred related to legal proceedings. You
will be solely responsible or look exclusively at your insurer to compensate you for any kind of losses or damages incurred
by you because of property damage, bodily injury, theft or invasion of privacy via the product allegedly used by you,
including claims made by and against you. You hereby free Phynart from any and all losses or damages which may occur as
a result of your use of our Products and Services. Your use, misuse, or attempted use of the product including, but not limited
to, the alleged failure of the product to perform, the alleged failure of certain features not performing, your alleged failure to
respect the privacy rights of others or your alleged failure to comply with the rules, regulation, laws or ordinances applicable
to the product, shall be solely your responsible and Phynart will not be, in any situation whatsoever, held responsible for
You understand and agree that in case of returns or replacements, or any alleged product failure, or any act of omission of Phynart, the maximum aggregate liability of damages is only limited to the actual amount you paid for the product. In no circumstances Phynart will be liable to for any losses, damages, lost savings or incidental, direct, indirect, special or situational damages, arising out of your improper use, installation or intended or accidental breach of this Agreement, even if Phynart is advised/ informed of the possibility of such losses or damages. The limitation of liability to the price paid by you for the Phynart product states Phynart’s exclusive liability to you and applies to situation where Phynart is alleged to be liable for any losses, damages, physical injury, theft, robbery, invasion of privacy, property damage, or any other damage including, but not limited to, any general, direct, indirect, situational, consequential, or statutory damage caused by any alleged failure of the product.
You have the opportunity to contact Phynart and modify the limitation to liability clause to account Phynart for any extended liability you assume we should be undertaking which will be activated by Phynarts written confirmation only. By not limiting any sections of this clause, you hereby release Phynart and its business associates from any loss or damages incurred by you by owing a Phynart product. You take full responsibility for any loss, damage or expense incurred by you by alleged use or misuse or improper installation of Phynart Products and Services including any additional sensor installed with the product. This paragraph shall survive termination of this Agreement.
XX. Overall Liability
Phynart shall provide support services for its outdated or out of warranty products, the cost whereof shall be borne and paid by you. We shall try our best to provide you with the support services including any spare or additional service required for better functioning of the product. If in any scenario Phynart is not able to provide you with the requested service resulting from various reasons like non-availability of the spare part or altogether discontinuity of the requested spare part, then Phynart shall not be deemed responsible for any loss, damage or the interruption of service of your product. Phynart, at its sole discretion, may offer to provide you with a replacement, a refurbished or an upgraded product, at your cost. Phynart shall not be responsible in contract or in tort for any loss, damage or expenses suffered by the customer and your rights are limited to those as stated in terms and conditions of this Agreement and under applicable laws of India. In any scenarios, Phynart’s liability shall not exceed the actual amount invoiced for the product or service purchased by you and any additional cost for the spares parts or an upgraded product will be bore by you. Phynart shall not be liable for any damages including, but not limited to, any damage to property, any incidental, direct or sequential damages, and loss of revenue, loss of opportunity, loss of goodwill or any loss arising out of use or performance of Phynart’s product or service. Any sales literature, product literature, website content or any other product related information is subjected to typographical, clerical, omission or other errors to the extent provided by law. All the product literature, sales guide, pricelist, quotation, offer of acceptance or any other product related information is subjected to correction without any liability on the part of Phynart. The stated terms and conditions, under any applicable law, cannot be excluded. Phynart’s liability to the breach of such conditions shall be limited, at Phynart’s option, to the replacement, service, and supply of an equivalent product or repair of the existing product, as deemed suitable by Phynart. This paragraph shall survive termination of this Agreement.
In a situation of an action or claim being filed or made against Phynart by you or any third-party which is based on or arises due to the product or service including, but not limited to, claims, actions and lawsuits alleging the product failed to perform in any respect whatsoever, or any other loss or damage arising out of use or misuse of our product or service, you agree to be solely responsible and agree to indemnify, defend, save, support and hold Phynart harmless from and against all such claims including payment of all our losses, damages, or any legal cost incurred by Phynart in response to the claim or lawsuit. These obligations hold true in all circumstances irrespective of whether such claim or lawsuit is based on active or passive use, misuse, negligence, breach of terms and conditions stated in this Agreement or our product policies, warranty, indemnification, product liability, compliance failure with the applicable laws or any other fault or failure of Phynart, others or the product. You agree to save and defend Phynart from all the claims or lawsuits for subrogation which may be brought against us by any insurance company or insurer or its agents or assigns. This includes all our losses, damages, or any legal cost incurred by us in response to such claims and lawsuits. You hereby waive all recovery claims against Phynart for any loss or damage or expense incurred to any person or property or any loss insured under any valid or collectible insurance policy. This waiver of subrogation will extend to all cases of subrogation including, but not limited to, equitable and convectional subrogation and shall be legally binding to any and all the assigns or subrogates of your rights. Under no circumstances you shall enter into any agreement or settlement with any other individual or third party that hampers, effects or binds Phynart’s rights in any way, without any prior written consent from Phynart. This paragraph shall survive termination of this Agreement.
XXII. Ownership: Proprietary Rights
Phynart’s products and services are owned, operated and sold by Phynart. The products, services, visuals, graphics, designs, software, computer code, product literature and all other elements of our products and services, Phynart’s platform and mobile application are subjected to and protected by Indian copyright, patent, trade dress, trademark laws, and all other intellectual, proprietary and applicable laws. You agree not to alter, damage, remove or obscure Phynart’s or its business partners’ rights, patents, products, services, trademarks, proprietary rights, and notices attached to or contained within or accessed in relation to our products, services or platform. You agree not to modify, sell, distribute, publicly display, edit, adapt or create derivative works or make unlawful and unauthorized use of our products and services and related material. You hereby peremptorily assign to Phynart, and shall assign to Phynart all rights, titles, interests, suggestions or intellectual property rights associated herewith. You agree to perform such acts or execute documents as may be necessarily required to perfect the foregoing requests. If you have any comments regarding Phynart’s products, services, platform or ideas on how to improve the product performance, then please contact our customer service for appropriate solutions. This paragraph shall survive termination of this Agreement.
XXIII. Modification of the Agreement
Phynart reserves the right to change, modify, edit or delete certain or all clauses of this Agreement at any time owing to our continuous efforts to improve the product or introduction of new products and services. We shall by suitable means including, but not limited to, posting on the website, email communication or SMS communication will notify you on the new Agreement or any specific changes in the terms and conditions of the current Agreement.
XXIV. Governing Law and Dispute Resolution
Subject to the foregoing and provisions of this Agreement, all disputes under or in relation to the Agreement and use and access to Phynart Products and Services, software and/ or any content/ associated or linked service/ upgrade/ software/ part/ component thereof shall be adjudicated by the competent courts in Pune and such courts shall have exclusive jurisdiction over such dispute matters. This Agreement is binding on your heirs, executors, administrators, and successors, and shall be governed by and construed according to the laws of Pune Maharashtra India without reference to its conflicts of law rules. This paragraph shall survive termination of this Agreement.
XXV. Effect of Waiver
To the extent that anything in or associated with use of and access to the Products and Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence and prevail. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any discontinuance of the access or use of the Products and Services. Further, any delay or forbearance on the part of Phynart in exercising any of the rights available to it shall not be construed as any waiver of any rights available to Phynart.
XXVI. Independent Contractor:
No joint venture, partnership, employment, or agency relationship exists between any of the end-users of our Products and Services and Phynart and/ or third parties enabling the use of phynart products (if applicable) or between any other third party and Phynart and/ or third parties enabling the use of phynart products as a result of this Agreement or use of any Products or Services.
You may not transfer to anyone else, either temporarily or permanently, any rights to use and access/ browse the Products and Services or any content/ service/ software/ upgrade/ part/ component thereof. Any attempt by you to do so is void. Phynart and/ or third parties enabling the use of phynart products (if applicable) may assign, transfer, delegate and/or grant all or any part of its/ their rights, privileges and properties hereunder to any person or entity.
XXVIII. Statute of Limitations
You agree that regardless of any statute or law to the contrary, all claims, lawsuits, actions and requests shall be commenced within three months from the date of Phynart being notified on the particular issue or the date the issue was caused.
Phynart may provide you with notices and official communications via an e-mail, SMS, push notification or by regular mail or notification on Phynart’s platform or by any other reasonable means. Any communication to Phynart can be shared at our registered office address at us at Phynart Technologies Private Limited, Office No 117, Office Club, Runwal Apartments, Bavdhan, Pune 411021 or reach us via mail at firstname.lastname@example.org
If any clause or provision of this Agreement is held to be improper, unlawful, void or invalid or otherwise unenforceable then that particular provision shall be edited or eliminated from this Agreement to the minimum extent required, and the remaining clauses and provisions shall remain unaffected and will remain true and enforceable.
XXXI. Force Majeure
Phynart and/ or third parties enabling the use of phynart products will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott.
Upon termination of this agreement, any clause or provision, by its nature, express terms or otherwise stated, will survive any such termination or expiration.
XXXIII. Entire Agreement
This Agreement is the entire agreement to be considered between you and Phynart before using any of our Products, Services or platforms and cannot be modified except any future modification the Agreement is subjected to by Phynart.
XXXIV. Grievance Redressal Mechanism
Any complaints or concerns with regard to content and/ or breach of this Agreement shall be immediately informed to the
designated Grievance Officer as mentioned below in writing or through email at:
Phynart Technologies Pvt ltd, Office No 117, Office Club, Runwal Apartments, Bavdhan, Pune 411021.
Customer Service Department Head.
© Phynart Technologies Private Limited 2023. All Rights reserved.