TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.

1. GENERAL CONDITIONS

The domain name “www.analytixmachine.com” and the mobile application “Smart Wheel Mobile Application ” (hereinafter referred to as “SMART WHEEL APP”/“PLATFORM”) is owned and managed by Analytix Machine Private Limited, a company duly registered under the provisions of the Indian Companies Act, 2013 having its registered office at A-139, 2nd Floor, Sector-63, Noida , India (“Company”) subject to the conditions mentioned herein below. You (“you” or “user” or “your” or “customer”) are required to read and accept all of the following terms and conditions (hereinafter referred to as the “Terms of Use”) and the Privacy Policy located at ______ , before You may use the App. The term “we”, “us”, “our” shall mean the Company. By visiting/accessing/downloading/using this App, we understand that You have fully read, understood and accepted the following conditions. In addition, when You use any current or future version of the APP and/or any of its service or business or by clicking the “I Agree” button while downloading the Smart Wheel App, (will constitute a symbol of your sig-nature), You acknowledge and admit that You have read, understood and agreed to all the terms and conditions of the Company, as may be modified by the Company from time to time. You will also be subject to the guidelines, terms and agreements applicable to such service or business. If You do not agree to be bound by these Terms of Use and the Privacy Policy, You may not use the ANALYTIXMachine APP/ PLATFORM in any way.

2. SCOPE OF SERVICES

(a) Through the App, the Company is providing certain “Services” including but not li-mited to: (a) User Information; (b) Challan Extraction from Traffic Portal; (c) Challan Notification Delivery to User; (d) Push Notification; (e) Location Detection; (f) External Device Installation in the Vehicle; (g) Parking Locator; (h) Payment; (i) Trip Manager; (j) B2B Service Agreement for Trip Manager; (k) other related services including data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”) and (l) any specialty or additional services as the Company may offer to users from time to time.

(b) To the extent You access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Service, You agree that we may communicate with You regarding Company’s Services and other entities by SMS, MMS, emails, text message, or other electronic means to your mobile device and/or through the Platform by push notifications, reminders and alerts for the purpose of providing the Service and other information. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to You. The offers made in those promotional emails, SMS/MMS or otherwise shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide You any information regarding such change.

(c) For certain Services, a hardware device can be installed by the users to access such part of Services offered by the Company through its App which are in correlation and/or linked with the hardware. The “Hardware ” means a gadget/device manufactured and/or supplied by third party manufacturer and/or supplier that may be connected to your or your company’s vehicle in connection with the part of Service offered by the Company. You may either purchase the Hardware directly from the third party authorized manufacturer and/or authorized supplier or You can purchase it through the Company at such price and via such channels as may be made available by the Company from time to time (it is advised that before buying the Hardware You shall read the Hardware usage terms/warranty terms/replacement and refund policy of such third party manufacturer and/or supplier). However, You acknowledge and agree that Company is not manufacturing/producing/designing/supplying the Hardware device or other related services as purchased by You via the App or directly from the authorized manufacturer and/or the authorized supplier and neither the Company is giving any warranty and representation about the Hardware including but not limited to its authenticity, compatibility, fit for purpose, reliability, safety and quality etc. User and/or the third party manufacturer and/or the supplier (as the case may be) shall be responsible for all the damages or loss as may be caused to anyone due to usage of such Hardware including but not limited to (a) any damage whatsoever to your or your company’s vehicle, (b) any injury or casualty and (c) any damage or loss to your or any other persons belongings whatsoever.

(d) You hereby acknowledge that for efficient and effective provision of the Services, You hereby consent to share your location with the Company and/or permit Company to detect your location at all time and allow the Company to share your location with the third party service provider as linked to the Service made available through the App. Any updates or new features added to or augmenting the Service or the Hardware are also subject to this Term of Use; to keep the software up-to-date, You agree that we may automatically provide You with such updates without your further consent or notice to You.

NOTE THAT IN ORDER FOR THE SERVICE TO FUNCTION, THE MOBILE DEVICE ONTO WHICH THE SMART WHEEL APPLICATION IS INSTALLED MUST BE LOCATED IN THE VEHICLE ASSOCIATED WITH THE SERVICES AND THE HARDWARE MUST BE PROPERLY INSTALLED IN YOUR VEHICLE. THE MOBILE DEVICE MUST ALSO HAVE ADEQUATE NETWORK AND DATA SERVICE IN THE LOCATION WHERE NEEDED AND THE HARDWARE DEVICE AS INSTALLED IN YOUR VEHICLE SHALL BE REPLACED AFTER EVERY 12 MONTH PERIOD or after the End of Life as prescribed by the Manufacturer.

3. APPLICATION ACCESS, LICENSE AND OTHER CONDITIONS

(a) Subject to the terms and conditions stated in this Terms of Use, You may access and use the App and any software that may be made available by the Company in connection with the Services, such as Smart Wheel Mobile Applications and any other software as may be made available by the Company that can be embedded on the Hardware (collectively referred to as the “Software”) and which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You hereby acknowledge and agree that Company, in its discretion, at any time during the use of the App may not provide any part of the Services. All rights, title and interest in and to the Platform and its components will remain with and belong exclusively to the Company. You shall comply with all notices, codes of conduct and policies of the Company published in connection with the Service and the Hardware, and You shall promptly notify the Company if You become aware of a security breach or a potential security breach related to the App.

(b) Subject to the terms and conditions of this Term of Use, Company grants You a limited license to access and make personal use of this App and not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of the Company and/or its affiliates, as may be applicable. This license does not include any resale or commercial use of this App or its contents; any derivative use of this App or its Contents; any downloading or copying of other users account information; or any use of data mining, robots, or similar data gathering and extraction tools for un-authorised collection of data. This App or any portion of this App (including but not limited to any copyrighted material, trademarks, or other proprietary information) shall not be reproduced, duplicated, copied, sold, resold, rented, leased, transferred, assigned or otherwise be exploited for any commercial purpose without express prior written consent of the Company and/or its affiliates, as may be applicable. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company or its affiliate's name or trademarks without the express written consent of the Company and/or its affiliates, as may be applicable. Any unauthorized use terminates the permission or license granted by the Company and/or its affiliates, as may be applicable. You are granted a limited, revocable, and nonexclusive right to use this App so long as You use does not portray the Company, this Platform or their affiliates, or their products and services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission of the Company and/or its affiliates, as may be applicable.

(c) The Company reserves the right at all times to discontinue or modify any portion of this Term of Use as we deem necessary or desirable without prior notification to You. Such changes may include, among other things, the addition of certain fees or charges

(d)Such changes may include, among other things, the addition of certain fees or charges. We suggest to You, therefore, that You re-read this important notice containing our terms and conditions from time to time in order that You stay informed as to any such changes. If we make changes to our terms and conditions and You continue to use the App, You are impliedly agreeing to the terms and conditions and expressed therein. Any such deletions or modifications shall be effective immediately upon the Company’s posting thereof. Any use of the App by You after such notice shall be deemed to constitute acceptance by You of such modifications. These Terms of Use, as modified or amended from time to time, are a binding contract between the Company and You. If You visit, use, or use Company’s Services through the App, You accept these Terms of Use.

4. YOUR CONDUCT

You acknowledge and agree that:

If You use this App, You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if You have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner. Please ensure that details You provide to us are correct and complete and inform us immediately of any changes to Your Content that You provided at the time of registration. You can access and update much of Your Content in the your account “My Profile” area of the App. Company reserves the right to refuse Services, terminate accounts, remove or edit content in their sole discretion. The right to use the App is personal and is not transferable to any other person or entity;

You shall not: (a) use the App in any unlawful manner (including, without limitation, in violation of any data, privacy or other applicable laws) or in any manner that interferes with or disrupts the integrity or performance of the Services and/or the App or its components, (b) modify, adapt or hack the App to, or otherwise attempt to, gain unauthorized access to the App or networks, or (c) use the App to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Services available at the App;

You acknowledge that the third party manufacturer and/or the supplier (as the case may be) of the Hardware shall be responsible for any claims, losses, failure to conform to any warranty, liabilities, damages, costs or expenses incurred with respect to the Hardware. Company will have no obligation whatsoever with respect to any claims as stated above and hereby disclaims all warranties either implied or otherwise with respect to such third party Hardware as may be used by You for our Services;

(d) Payment and address details entered by You during the course of your first transaction on the App are securely stored by the Company to enable it to facilitate other purchases by You over the App.You represent and warrant to the Company that such information and Your Content is true and that You are authorized to use the payment instrument. You will promptly update your account information and Your Content with any changes (for example, a change in your billing address or credit card expiration date) that may occur from time to time.

(e) Use of this Platform is available only to persons who can form a legally binding con-tract under the Indian Contract Act, 1872. If You are a minor i.e. under the age of 18 years, You may use this App only with involvement of a parent or guardian.

(f) Company uses reasonable security measures to protect the data we receive via App and the Hardware. However, we cannot guarantee that third parties will never defeat our security measures. You acknowledge that You are using the App and the Hardware and sharing Your Content and information at your own risk.

(g) You hereby agree that, You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that You upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Services (“Your Content”). Company reserves the right to access your account in order to respond to your requests for technical support. By posting or providing Your Content on or through the App, You hereby do and shall grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content. You hereby specifically allow the Company on your behalf to use Your Content and other details, including but not limited to your vehicle registration number and other details related to your vehicle, to extract and obtain any information regarding any traffic violation challan as may be issued by the respective state traffic police from the data as made available on the concerned state traffic police website or otherwise. Company has the right, but not the obligation, to monitor the Services, Content or Your Content. You further agree that Company may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

(h) You must not use the App for any of the following:

For fraudulent purposes, or in connection with a criminal offense or other unlawful activity;

To send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; or
6. To cause annoyance, inconvenience or needless anxiety.

5. FEES AND PAYMENT TERMS
Fees payable

Company does not charge the users for some part of Services provided through the App but may charge for some additional/ extra Services as may be provided by the Company from time to time. To the extent the Services or any portion thereof is made available for any fee, Youyou will be required to make a payment and provide the Company information regarding your credit card or other payment instrument. You agree to pay the Company the amount that may be specified by the Company on its App or through a commercial proposal from time to time and in accordance with the terms of this Term of Use. If your payment plan involves subscription payments, You hereby authorize the Company to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until You or we terminate your account, and You further agree to pay any charges so incurred. If You dispute any charges as charged by us, You must let the Company knowwithin seven (7) days after the date that Company’s charges will not be disputable by You. We reserve the right to change prices of our Services at any time and shall be applicable with immediate effect, your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount.

Any issues that You have with the payment terms of a third party manufacturer, supplier and/or service provider (collectively referred to as the “Merchants”) for third party products and/or services as may be made available by the Company on the App including but not limited to the Hardware, the insurance service provider , RSA services etc., are a matter between such third party Merchants and You and does not involve the Company in any way whatsoever. Please insist for the original bill & warranty from the Merchant directly. Company shall not be liable for any errors committed by such third party Merchants & is committed to provide You the most comfortable and trusted experience. Note that You (and not the Company) are responsible for any charges or fees payable to third party Merchants in connection with the products and services provided through the App.

Payment methods

The App may support payment, to the Third Party Service Providers or to the governmental authorities (provided such governmental authorities support online payment), to such third party Merchants and for Company’s Services, in INR (Indian Rupees) via following payment methods:

Online payment via Debit Card, Credit Card

Internet banking

Mobile wallets via Paytm, Mobikwik , ect.

Payment Terms

While availing any of the payment method(s) available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: (a) Lack of authorization for any transaction/s, or (b) Exceeding the preset limit mutually agreed by You and between "Bank/s", or (c) Any payment issues arising out of the transaction, or (d) Decline of transaction for any other reason(s).

7.(b) Except for the transactions related to Company’s Services, the price and all commercial terms related to third party products (including Hardware) and services such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between You and the third party Merchants. The payment facility is merely provided by the Company to facilitate the transaction and Company shall not be held liable for such facility in any way whatsoever, also the use of the payment facility shall not render the Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards to the third party products (including the Hardware) and /or services provided on the App

User by using any of the payment methods as stated above and by making the payment through the App, hereby specifically authorized the Company to collect, process, facilitate and remit payments electronically to the Merchants and to the governmental authorities, on your behalf, in respect of transactions through payment facility. Your relationship with the Company is on a principal to principal basis and by accepting these Terms of Use You agree that the Company is an independent contractor for all purposes, and does not have control of or liability for the third party products (including Hardware) or services that are made available on the Platform and are paid for by using the payment facility as provided by the Company. Company does not guarantee the identity of any Merchant nor does it ensure that the Company, Merchants or the governmental authorities will complete a transaction.

You understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through collection and remittance facility for the transactions on the App using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing payment facility, Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction.

You hereby acknowledge and agree that the Company will collect/receive the transaction amount from You for the products (including the Hardware) and service sold by the third party Merchants or may collect/receive amount from You for the payment of traffic violation challans to the concerned governmental authorities and will remit the said payment to such governmental authorities (provided that such remittance is permitted by the concerned governmental authorities) and to the Merchants as per the agreeable terms between the Company and the Merchants.

You hereby acknowledge that Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction or transaction amount or any delay in processing a transaction or transaction amount by the Company

6. INTELLECTUAL PROPERTY & CONTENT ON APPLICATION
Ownership

Company owns or has the required licenses to use the App including IP Rights which means all rights in patents, trademarks, trade names, copyrights, trade secrets, know-how, data (including all applications therefore), and all proprietary rights under the laws of India, any other jurisdiction or any treaty.

No rights, title and interest in any App, including IP Rights, are granted to You unless specifically agreed in this Term of Use. Company grants You a limited license to access and make use of the App. This license does not include any downloading or copying of the Content for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Platform and the framing of any content available through the Platform uploading, posting, or transmitting any content that You do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Company’s sole discretion) an unreasonable or disproportionately large load on Platform’s infrastructure. You may not bypass any measures used by the Platform to prevent or restrict access to the Platform. Any unauthorized use by You shall terminate the permission or license granted to You by the Company.

General skills and knowledge

Unless expressly stated in this Term of Use, nothing stated herein prohibits the Company from utilising any skills or knowledge of a general nature gained or created by the Company during the course of providing the App, including, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of the Company.

Usage data

(a) You hereby agree that, Company may publish, share or otherwise distribute, to any party the usage data, provided that such usage data is aggregated with the data from other customers/users in a manner that does not allow usage data about the user to be separated from the aggregate data and identified as relating to the user. You acknowledge that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the App accessible 24X7, the App may be unavailable from time to time for any reason including, without limitation, routine maintenance or if the user is out of internet coverage area etc. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the App may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the App, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

Restrictions

Unless expressly stated herein, You will not:

(a) directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code, trade secrets or know-how in or underlying Platform;

(b) use the Platform for any illegal, unauthorised or otherwise improper purposes;

(c) modify or make derivative works of any part of the Platform;

(d) access the Platform in order to build a similar or competitive product or service;

(e) use the Platform in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of these Term of Use (including use of content that Company determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any third party's IP Rights); or

(f) use the Platform in a way that unnecessarily interferes with the normal operation of the Platform or that consumes a disproportionate share of the resources of the Platform, or any component of it.

(g) post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise impermissible, injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Company reserves the right (but not the obligation) to remove or edit any content that in the sole judgment of the Company violates these Terms of Use and, or terminate your permission to access or use this Platform

(h) If You do post content or submit information and material, and unless we indicate otherwise, You grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and sub-licensees the right to use the name that You submit in connection with such content, if they choose.

(i) You represent and warrant that You own or otherwise control all of the rights to Your Content, information that You post or You otherwise provide on or through the Platform: that, as at the date that the content or the material is submitted to the Platform: the content, the information and the material is accurate; that use of the content You supply does not breach any applicable of these Terms of Use and will not cause injury to any person or entity (including that the content is not defamatory); that the content is lawful. You will indemnify the Company and/or its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with any of these warranties. Company has the right (but not the obligation) to monitor and edit or remove any activity or content. Company takes no responsibility and assumes no liability for any content posted by You or any third party.

(j) You agree that the rights You grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by You to the Company, including the execution of deeds and documents, at its request.

7. PRIVACY

You acknowledge and agree that use of the Platform, including, without limitation, information transmitted to or stored by the Company is governed by the Privacy Policy . In particular, You acknowledge, agree and consent that under the Privacy Policy, Company may collect personal information and usage data about You and disclose that information as and when required by it.

8. REPRESENTATION AND WARRANTIES
Your representations and warranties

(a) You represent and warrant to the Company that: (i) You have full power and authority to enter into this Term of Use; (ii) You own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your data collection using the Hardware, posting and other activities in connection with the Platform without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Platform and Company’s exercise of all rights and license granted by You herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) You are eighteen (18) years of age or older.

Breach of Warranties

(a) If You breach any of the warranties listed herein Company will have the right to im-mediately suspend or terminate your use of the App in order to prevent harm to the Company or its business and to limit any potential liability.

(b) If practicable, Company will provide notice and opportunity to cure any breach. Once cured, in Company's discretion, Company will use reasonable efforts to restore your access to the App.

9. LIMITATION OF LIABLITY

(a) You expressly understand and agree that Company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to You for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from use of the App, sale and supply of goods, content or any related/unrelated services and other services offered on the App from time to time

(b) You acknowledge that Company relies on internet services provided or controlled by third parties or other API providers. At times, actions or omissions of such third parties can impair or disrupt your connections to the internet or have an adverse effect on the Company’s Services or parts thereof and may result in presenting inaccurate data on the App. Although Company will use commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events with respect to your use of the App, Company cannot guarantee that such events will not occur. Accordingly, Company excludes any and all liability resulting from, or related to, such events. The App is provided solely on an "as is" and “as available” basis, and your use of the App is at your sole risk. Company does not warrant that the App will be uninterrupted, error-free, or completely secure.

(c) All content, products, and services on the App, or obtained from a website to which the App is linked (a "linked site") are provided to You "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. All warranties, if any, relating to the third party products (including Hardware) and services would be provided by the manufacturer/supplier/service provider of such products and services and not by the Company. Any claim in relation to the same should be raised against respective manufacturer/supplier/service provider and not us. In any case whatsoever App does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the App by any party, (b) any content provided on linked sites or (c) the capabilities or reliability of any third products or services obtained from a linked site. Other than as required under applicable consumer protection law, under no circumstance will the Company be liable for any loss or damage caused by your reliance on information obtained through the App or a linked site, or your reliance on any product obtained from a linked site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the App, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

(d) The Company takes no responsibility for the third party products (including the Hardware) and services that are sold, provided or supplied by third party vendors/Merchants. The Company makes no warranty to their users for the quality, safety, usability, or other aspect of a product and services that is supplied by a Merchant and/for some products that involve potential bodily harm, the Company takes no responsibility for the such product and You take responsibility for your own actions in utilizing those products.

(e) The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using Your account/e-mail provided by You to the Company or payments made by your credit card/debit card by any third party.

10. INDEMNITY AND RELEASE

(a) You shall indemnify and hold harmless the Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

(b) You hereby expressly release Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Merchants and specifically waiver any claims or demands that You may have in this behalf under any statute, contract or otherwise.

(c) Under no circumstances the Company shall be held liable for an delay or failure or disruption of the Content or Services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, failure by third party service providers connected to the App and/or by internet service providers, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties

(d) User(s) hereby agree to indemnify and save the Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the Hardware and the App (including but not limited to the display of your information on the App) or from your breach of any of the terms and conditions of this Term of Use or your breach of any representations and warranties made hereunder or any way arising from your Content, or your other access, contribution to, use or misuse of the Services or Hardware.

11. DISCLAIMER

THE SERVICES, INCLUDING THE SITE, CONTENT AND ANY DATA OR OTHER INFORMATION PROVIDED BY THE APPLICATION OR THE SOFTWARE OR THE PLATFORM OR AS COLLECTED THROUGH THE HARDWARE, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS OR RELIABILITY. COMPANY MAKES NO WARRANTY THAT (I) THE SERVICES OR PLATFORM WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE OR PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, (III) THE RESULTS (SUCH AS VEHICLE ERROR CODE ANALYSIS, TRIP ANANYSIS, STATISTICS, or any other ANALYSIS) THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR EXPECTATIONS.

NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERM OF USE. IN PARTICULAR, ALTHOUGH COMPANY ENDEAVORS TO ENSURE SUCCESSFUL DETECTION OF MOST BREAKDOWN/CRASHES, NOT ALL BREAKDOWN/CRASHES MAY BE DETECTED AND COMPANY DOES NOT GUARANTEE THAT THE SERVICES AS CONNECTED WITH THE HARDWARE WILL DETECT AND/OR REPORT ALL VEHICLE BREAKDOWNS AND OTHER ASPECT OF THE SERVICES. COMPANY SHALL NOT BE LIABLE FOR THE ACTIONS OR INACTIONS OF THE USER OR OTHER SERVICE PROVIDER IN ANY PARTICULAR SITUATION. FURTHER, THE COMPANY DOES NOT GUARANTEE THAT USE OF THE HARDWARE, SOFTWARE OR SERVICES WILL RESULT IN ANY EFFICIENCIES OR THAT VEHICLE ERROR DETECTION WILL BE ACCURATE OR ERROR-FREE. THE PLATFORM IS NOT INTENDED AND SHOULD NOT BE USED AS A STOLEN VEHICLE LOCATION SERVICE. YOU ARE SOLELY RESPONSIBLE FOR SAFE VEHICLE OPERATION AND PROPER VEHICLE MAINTENANCE AND YOU SHOULD ALWAYS OBTAIN PROFESSIONAL ASSISTANCE FROM A VEHICLE SPECIALIST FOR DIAGNOSIS AND REPAIR OF ANY ERRORS OR OTHER PROBLEMS WITH YOUR VEHICLE. COMPANY MAKES NO WARRANTY OR GUARANTEE THAT (I) REAL-TIME VEHICLE LOCATIONS WILL MATCH ACTUAL VEHICLE LOCATIONS, (II) TRAFFIC VIOLATION CHALLAN ALERTS AND RELATED INFORMATION WILL BE ACCURATE OR TIMELY, AND (III) MAINTENANCE REMINDERS WILL BE ACCURATE OR ERROR-FREE.

12. TERMINATION

Without limiting other remedies, we may limit your activity, immediately remove Your Content and information, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your account and/or subscription (as the case may be), and/or refuse to provide You with access to the App in the event, but not limited to:

If You breach the Terms of Use or Privacy Policy or other rules and policies, if any

If we are unable to verify or authenticate any information You provide; or If it is believed that your actions may cause legal liability for You, other users or us. We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the App in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if You breach the Terms of Use or other rules and policies, we reserves the right to recover any amounts due and owing by You to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.

Termination shall not affect any liabilities incurred by a user prior to the termination or for acts performed which may result in a dispute post-termination of these Terms of Use, nor any provision expressed to survive or to be effective on termination and the obligations set out in this section shall remain in full force and effect notwithstanding termination.

13. MISCELLANEOUS PROVISIONS

a) Company shall not be liable for its failure to perform under these Terms of Use and the Company policies as a result of occurrence of any force majeure events like acts of God, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or central governments, change in laws, rules and regulations, affecting the performance of Company.

b) If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

c) From time to time Company may offer special promotional offers which may or may not apply to your account. To avail of such promotional offers, You agree to be bound by any additional terms and conditions for these special offers which are laid down by the Company.

d) This Terms of Use, by their nature and content are intended to survive the perfor-mance hereof by any or all parties hereto shall so survive termination.

e) The user and/or its company warrants that it shall not directly or indirectly solicit for employment, nor offer employment to, nor enter into any contract of services with any person employed by the Company.

6.f) It is agreed and clarified that the arrangement set out by these Terms of Use and other Company policies between Company and the user is on a non-exclusive basis

g) These Terms of Use and the relationship between You and the Company will be go-verned by the laws as applicable in India. Any disputes will be handled in the competent courts of New Delhi, India. Either party may choose to resolve the dispute through arbitration and such arbitration proceedings shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by the Company. The place of the arbitration shall be New Delhi and the language of the arbitration shall be English. The arbitral award shall be final and binding upon the parties.

h) The failure of the Company to exercise or enforce any right or provision of this Term of Use with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

i) Except as otherwise, expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

10.j) You acknowledge that this Term of Use is a contract between You or your company and us, even though it is electronic and is not physically signed by You and the Company, and it governs your use of our App. If you are using our App on behalf of a business, You hereby acknowledge and confirm that such business accepts this Term of Use.

k) These Terms of Use constitutes the entire agreement between You and the Company and governs your use of the App, superseding any prior agreements between You and the Company with respect to the App.

Contact: care@analytixmachine.com