End User License Agreement
For Cirus Foundation

End User License Agreement

IMPORTANT PLEASE READ THE FOLLOWING TERMS OF SERVICE AND THE PRIVACY POLICY (COLLECTIVELY REFERRED TO AS “AGREEMENT“) BEFORE INSTALLING AND/OR  DEPLOYING FOR USE of the CIRUS APPLICATION SUITE WHICH INCLUDES BUT NOT LIMITED TO CIRUS ( DIGITAL ) BROWSER COMPANION (DEFINED BELOW) & THE CIRUS CONNECTIVITY HUBS (AS DEFINED BELOW).

THERE WILL BE TWO OPTIONS THROUGH WHICH YOU CAN UTILIZE THE CIRUS CONNECTIVITY HUB ( CIRUS DEVICE)

OPTION 1: AT THE TIME OF OFFERING THEIR BROADBAND SERVICES TO YOU, YOUR INTERNET SERVICE PROVIDER (ISP”) WILL OFFER YOU THE CIRUS DEVICE.

OPTION 2: YOU CAN PURCHASE THE DEVICE ON YOUR OWN FROM THE MARKET AND UTILIZE THE BROADBAND SERVICES OF ANY ISP.

IN EITHER CASE, (I) YOU WILL NEED TO DOWNLOAD AND INSTALL THE MOBILE APP &/OR USE A WEB APP PROVIDED AS A LINK TO QR CODE ATTACHED TO THE DEVICE FOR SETUP OF WIFI AND CONNECTIVITY CONFIGURATION AND ALLOW OTHER USERS TO ACCESS THE WI-FI CONNECTION, AND (II) THIS AGREEMENT WILL APPLY TO YOU.

BY CLICKING ON THE ‘I ACCEPT’ CHECKBOX OR BY INSTALLING AND / OR USING ANY OF THE SERVICES, YOU AGREE AND ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE, HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. OUR SERVICES ARE NOT TARGETED AT CHILDREN AND WE DO NOT KNOWINGLY COLLECT DATA/INFORMATION FROM CHILDREN UNDER THE AGE OF 18. IF YOU LEARN THAT A CHILD HAS PROVIDED US WITH INFORMATION IN VIOLATION OF THIS POLICY, PLEASE CONTACT US AT [email protected]

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO UTILIZE ANY OF THE SERVICES AND SHOULD REFRAIN FROM DOING SO.

THIS AGREEMENT CONSTITUTES THE COMPLETE UNDERSTANDING BETWEEN YOU (HEREINAFTER REFERRED TO AS “YOU” OR “YOUR” WHICH EXPRESSION SHALL UNLESS REPUGNANT TO THE MEANING OR CONTEXT THEREOF BE DEEMED TO INCLUDE YOUR AFFILIATES, HEIRS, SUCCESSORS AND ASSIGNS), AND CIRUS (HEREINAFTER REFERRED TO AS “COMPANY WHICH EXPRESSION SHALL UNLESS REPUGNANT TO THE MEANING OR CONTEXT THEREOF BE DEEMED TO INCLUDE THEIR AFFILIATES, SUCCESSORS AND ASSIGNS), WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THE AGREEMENT.


Definitions

  1.  “Company” refer to “CIRUS”, shall mean all other associates having commercial business agreement with CIRUS
  2.  Affiliate” with respect to any entity means any other entity which directly or indirectly controls, is controlled by, or is under common control with such entity.
  3.  App” refers to “CIRUS Applications and Browser companion” shall mean (i) the CIRUS software application developed by the Company and downloaded and / or accessed by You on Your mobile / tablet or other devices in pursuance of this Agreement and / or (ii) the web application developed by the Company and accessed by You via a web browser on Your laptop / computer or other devices which contain various features such as family member Internet management.
  4. Communication” shall mean any communications from Company, such as Service announcements, administrative messages, SMS, newsletters and other promotional materials.
  5. “Confidential Information” shall  include without limitation information relating to the Company’s: (a) patent and patent applications, (b) trade secrets, and (c) proprietary and confidential information, ideas, samples, media, techniques, drawings, works of authorship, models, inventions, know-how, processes, equipment, algorithms, and software object and source code related to the past, current and future products and services of each of the parties, including information concerning research, development, design specifications, engineering, financial matters, procurement, manufacturing, customers, investors, employees, business relationships, business plans, forecasts, sales and marketing plans, marketing materials and strategies; passwords and access codes; intellectual property and any other information regarding the foregoing.
  6. “Documentation” shall mean any document or material (as may be updated by the Company from time to time) in any medium that may be provided to You along with the App &/or Browser companion to enable or assist You in using the App &/or Browser companion. 
  1. “Effective Date” shall mean the date on which the terms and conditions of this Agreement are accepted by You.
  2. “Intellectual Property Rights” means all intellectual property such as trademarks, service marks, designs, patents, utility models, copyright, know-how, trade or business secrets, proprietary techniques and other confidential and proprietary information and shall include (i) all or any goodwill relating to each of the above; and (ii) all rights, title, and interest under any statute or under common law therein.
  3. “Service” means individually or collectively the service offerings provided by the Company to You via the Device and / or the App &/or Browser companion.
  4. “Store/OS Provider” shall mean the market place/store on which the App &/or Browser companion is available for download and shall include the provider of the operating system on which such App &/or Browser companion is available and/or installed. 
  5. “Third Party Systems” means hardware, software, applications and other materials owned by third parties which may be integrated with the App &/or Browser companion.
  6. “Third Party Systems Owners” shall mean the owners or licensors of the Third Party Systems.
  7. “Device” refers to the “CIRUS Connectivity hubs” smart routers, which facilitates a variety of connectivity devices and features such as Wi-Fi internet connectivity, IOT connectivity, broadband connectivity through cable and satellite modems at the last mile, at Your premise, shall include any new versions of the Product.

2. Rights Granted

2.1.           Right to Use

2.1.1.      Subject to this Agreement, Company grants to You a non-exclusive, non-sub-licensable, non-transferable, personal and limited right, during the term of this Agreement to access and solely use the App &/or Browser companion and the Device in relation to the Services.

2.1.2.      You shall not independently provide any access or license to the App &/or Browser companion to any third party. 

2.1.3.      You shall not translate, decompile, reverse engineer or otherwise attempt to discover any source code, sell, assign or otherwise transfer any intellectual property in the App &/or Browser companion or the Device or any portions thereof, in any way. Subject to the terms and conditions of this Agreement, the rights to avail the Services have been granted only to You and You may not lease, assign, sell, pledge or transfer such rights to any third party without prior written consent of Company.

2.1.4.      You shall not use the Services for any purpose that is unlawful, illegal or forbidden by law.

2.1.5.      You shall use the App &/or Browser companion and be bound in accordance with any rules and/or terms of service set forth by the Store/OS Provider.

2.1.6.      You shall not introduce any malicious codes or harmful files, agents or programs into the App &/or Browser companion &/or the Device. You shall not carry out any actions which may corrupt the App &/or Browser companion and/or the Device.

2.1.7.      During the use of the App &/or Browser companion and/or the Device, the Company or any third parties may also undertake frequent back-ups of Your information stored therein. Company shall not be liable or responsible if any of Your backed-up information is lost or becomes irretrievable nor shall it be liable or responsible for the performance / run-time of any servers which are used in accordance with this Agreement.

2.2.           Open Source

2.2.1.      The App &/or Browser companion may rely on the usage of certain open source libraries and utilities from time to time. You Registering or using the Services constitutes your acknowledgement of having read and understood the terms of the open source libraries. Company disclaims all liabilities for any breach of the terms and conditions of such open source libraries.

2.3.           Third Party Systems

2.3.1.      Third Party Systems may be integrated as part of the App &/or Browser companion / Device offered by the Company. Such integration and Your use of such Third Party Systems may be subject to such additional terms and conditions as may be imposed by the Third Party Systems Owners. You specifically undertake to comply with all such terms and conditions as may be imposed by the Third Party Systems Owners and the Company assumes no responsibility or liability in this respect. 

2.3.2.      The Company is not responsible or liable in any manner with respect to any Third Party Systems.


3. Data Collection

3.1.           In consideration of the Services being provided, the Company will collect and have access to Your data and data belonging to the Other Users (as defined below) via the Mobile App &/or Browser companion and the Device installed in Your premises.

3.2.           The collection, storage, processing and any transfer of Your Data shall always be in accordance with applicable law and the CIRUS Privacy Policy. The Privacy Policy also sets out the measures the Company implements in respect of the data. We will utilize this data in connection with maintaining and improving Your user experience and in connection with other business purposes as set out in the CIRUS Privacy Policy.

3.3.           All data to be collected and utilized under this Agreement will be done by the Company or representatives of the Company; no such collection or processing will be done by the ISP. The ISP is not responsible for any collection or processing done by CIRUS under the aegis of this Agreement.


4. Communications

4.1.           By clicking the “I Accept” or by making use of the Services, You acknowledge and hereby specifically give consent to the Company and / or its Affiliates and / or agents and / or service providers, contacting You or using any of the contact information You may have provided at any time during Your association with the Company, or Your use of the Services. The Company, or our respective Affiliates and / or agents and / or service providers may contact You for any of the purposes, including:

4.1.1.        To obtain feedback regarding the Services;

4.1.2.        To contact You for offering new products or services, whether offered by the Company or our Affiliates or partners;

4.1.3.        For the purpose of providing You with advertisements as Company and / or our respective Affiliates / partners may deem relevant to You;

You acknowledge and agree that You may be contacted for the above purposes, using any of the contact details provided by You, including via emails, text messages or phone calls.

4.2.           In the event You have indicated any ‘do not disturb’ preferences and registered Yourself on the national customer preference register / ‘do not disturb’ or similar list, We request You to ensure that Your registered preferences allow for communications to be sent to You in accordance with this clause.


5. Other Users

5.1.           The terms of this Clause 5 shall be applicable to You, if You are the individual who has signed up for internet service with the ISP, and have obtained / purchased the Device along with such internet service that You have subscribed to. 

5.2.           It may be possible the Device is to be used at Your home or premises where multiple users connect their end devices such as mobile phones, tablets, computers to the wireless internet service. In such case, there are two possibilities;

5.2.1.      Such other users (“Other Users”) may download the App &/or Browser companion on their end devices. In such case such Other Users will be required to separately agree to this Agreement and all terms applicable to “You” under this agreement shall also be applicable to such Other Users;

5.2.2.      Such Other Users may not download the App &/or Browser companion on their end devices. In such case, You acknowledge that the usage of the Services by such Other Users shall be deemed to be Your usage and You will be deemed responsible for all actions or omissions of such Other User.  You further acknowledge that You will have obtained all relevant consents and approvals from such Other User in accordance with this Agreement.

5.3.           Notwithstanding the foregoing, You represent and acknowledge that to the extent any Other User is a minor (as per the laws of your jurisdiction) who is at Your premises, or under Your control and access the Services, this Agreement between the Company and such Other User who is a minor, will be deemed to be an agreement between You and the Company. You will be deemed responsible for all actions or omissions of such Other User who is a minor, and shall be liable to the Company for any such actions or omissions towards the Company, in accordance with the terms of this Agreement.

5.4.           It is clarified and You acknowledge that certain aspects / features of the Services may only be available to You and not to all Other Users (for example, if the App &/or Browser companion permits You to set parental controls on the use of the broadband internet service provided by Your internet service provider by the Other Users).


6. User Conduct

6.1.         Before availing the Services, the Company may require You to first create an account on the App &/or Browser companion in accordance with the below:

6.1.1.      You will have to become and remain an authorized user of the App &/or Browser companion and have to fill in your complete and accurate details in the registration form as provided to You.

6.1.2.      You may be issued a sign-in identity / login name and password to use / access the Services and App &/or Browser companion.

6.1.3.      At all times, You will be solely responsible for keeping secure the user identity / login name and password required to access the Services and App &/or Browser companion.

6.2.         For the purpose of the Agreement, all actions performed by any person using the identity / login name and password allotted to You shall be deemed to have been committed by You and You will be liable for the same.

 6.3.        The Company reserves the right to terminate this Agreement at any time if it is found that You have been sharing the password with any unauthorized user or have been using the password for any illegal or unauthorized purpose & any activates which is forbidden by law in your region.

6.4.         The Company reserves the right to refuse to permit any person to register as a member, access to the Service, terminate accounts, remove or edit content in its sole discretion.


7. Support

7.1.           The Company may provide updates or upgrades to the App &/or Browser companion &/or the Device in accordance with its business practices. The Company is not obliged to provide any updates or upgrades.

7.2.           The Company and / or the Store / OS Provider shall have no obligation to provide any maintenance and support services in relation to the App &/or Browser companion.

7.3.           You are solely responsible for acquiring, installing, operating and maintaining the terminals and hardware and software environment necessary to access and use the App &/or Browser companion and data and Company disclaims all liabilities in relation to the same.


8. Privacy Policy

8.1.           The Company’s Privacy Policy proceeds these terms of use in this Agreement (“Privacy Policy”). By registering or using the Services, you agree and acknowledge that You have read the Privacy Policy and agree to its terms.

8.2.           By registering or using the App &/or Browser companion &/or Services, you hereby consent to the storage, collection, disclosure, processing and transfer of Data (by the Company or its Affiliates) as disclosed in the Privacy Policy and this Agreement.


9. Third Party Links

9.1.           The Company may provide/include links and hyperlinks of third party websites for the purpose of advertisements either physically or through electronic means during the use of the App &/or Browser companion and Services. The listing of such third party external site does not imply endorsement of such site by the Company. The Company does not make any representations regarding the availability and performance of any of the external sites which could be provided. The Company is not responsible for the content, terms of use, privacy policies and practices of such third party websites / services.


10. Proprietary Rights

10.1.        Title

10.1.1.   You acknowledge that the App &/or Browser companion, and the Device along with the Intellectual Property therein are the sole and exclusive property of the Company and/ or its licensors including all applicable rights not limited to patents, copyrights, trademarks and trade secrets inherent therein or appurtenant thereto, in all media now known or hereinafter developed.

10.1.2.   All Third Party Systems are the sole and exclusive property of the Third Party Owners or their licensors.

10.2.        Your Rights

10.2.1.   You are not purchasing any title to the App &/or Browser companion or the Device but are only being granted a limited right to access and use the App &/or Browser companion, the Device in accordance with the terms of this Agreement.

 10.2.2.   Nothing in this Agreement shall be construed as transferring or assigning to You any title to the App &/or Browser companion, the Device or any Intellectual Property therein and all rights not granted to You are herein reserved by and for Company.


11. Confidentiality

11.1.        You shall not sell, transfer, publish, disclose, display or otherwise make available to others any portion of Confidential Information of the Company that you may come in possession of without Company’s prior written consent.

11.2.        You acknowledge that the Confidential Information of the Company has considerable commercial and proprietary value for the Company and that the disclosure of any aspect of the Confidential Information will immediately give rise to continuing irreparable injury to the Company, inadequately compensable in damages at law, and Company is entitled to obtain immediate injunctive relief against the breach or threatened breach of any of the foregoing confidentiality undertakings, in addition to any other legal remedies which may be available. In addition, Company may immediately terminate this Agreement, including all license rights granted herein, in the event You breach any of Your confidentiality obligations herein.


12. Representations

12.1.        You hereby represent that:

12.1.1.   Subject to the terms and conditions of this Agreement, You will not permit use of the App &/or Browser companion and Services to persons other than persons authorized by the Company;

12.1.2.   You have all the rights and consents required to provide any data to the Company;

12.1.3.   You providing the data to the Company (to the extent provided by You) or the use of the data by the Company will not violate any third party rights (including any Intellectual Property Rights, privacy rights or publicity rights) or applicable laws (including, the Indian Penal Code, 1860, the Copyright Act, 1957, the Trade Marks Act, 1999, the Information Technology Act, 2000 and any laws relating to data protection or data privacy);

12.1.4.   You will use the Services solely in compliance with the terms mentioned under this Agreement;

12.1.5.   You will comply with all applicable laws in the use of the Services.

12.1.6.   You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and

12.1.7.   You are not listed on any U.S. Government list of prohibited or restricted parties.

12.2.      Company disclaims any warranty, express or implied, that the Device, App &/or Browser companion, Services is secure or immune from: (i) interruption (ii) access, intrusion, corruption, modification or manipulation by an unauthorized third party; or, (iii) disabling code or computer viruses; or, (iv) program errors resulting from any of the causes specified in (i) and (ii) above. Company shall have no liability whatsoever for such activities described above and You, as the user of the Services agree, upon delivery thereof, to assume the entire risk and liability for such activities.

12.3.      YOU AGREE AND ACKNOWLEDGE THAT THE DEVICE, SERVICES, &/OR APP &/OR BROWSER COMPANION ACCESSED BY YOU OR ANY THIRD PARTY AUTHORISED BY YOU TO USE THE APP &/OR BROWSER COMPANION UNDER THIS AGREEMENT IS “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. FURTHER, THERE ARE NO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RELATION TO THE CIRUS DEVICE, SERVICES, &/OR APP &/OR BROWSER COMPANION. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT (i) THE DEVICE, SERVICES, APP &/OR BROWSER COMPANION WILL MEET YOUR REQUIREMENTS; (ii) THE DEVICE, SERVICES, APP &/OR BROWSER COMPANION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DEVICE, SERVICES OR APP &/OR BROWSER COMPANION WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE BACK-UP OF YOUR INFORMATION UNDERTAKEN BY THE APP &/OR BROWSER COMPANION WILL BE MAINTAINED OR STORED; (V) THE SERVERS USED WILL BE UNINTERRUPTED, TIMELY, SECURE ERROR-FREE OR SHALL MEET YOUR REQUIREMENTS; AND (vi) ANY ERRORS OR DEFECTS IN THE DEVICE, APP &/OR BROWSER COMPANION WILL BE CORRECTED/RECTIFIED. (VI) YOU AGREE THAT YOUR RELIANCE AND/OR USE OF ANY NEWS, INFORMATION AND SUGGESTION SHALL BE AT YOUR OWN RISK

12.4.  COMPANY DOES NOT CONTROL OR ENDORSE ANY THIRD PARTY SOFTWARE OR APPLICATIONS AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO SUCH THIRD PARTY SOFTWARE OR APPLICATIONS OR THIRD PARTY SYSTEMS AND ANY ACTIONS RESULTING FROM THEIR USE. THE USE OF OR THE DOWNLOADING OR OTHER USE OF SUCH APPLICATIONS OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM (INCLUDING MOBILE, IPADS, TABLETS AND ANY OTHER DEVICE BY WHICH YOU ACCESS APPLICATION AND OR THE DATA), LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER IN CONNECTION WITH THE APPLICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR VIA COMPANY’S WEBSITE, SERVICES, DOCUMENTATION, DATA, OR APPLICATIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

12.5.     THE COMPANY AND / OR ITS AFFILIATES ARE NOT RESPONSIBLE FOR YOUR USE OF SERVICES OR THE RESULTS THEREOF. FURTHER, THE COMPANY AND / OR ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE PROVISION OF ANY INTERNET SERVICES THAT ARE USED OR ACCESSED VIA THE DEVICE.


13. Limitation of Liability

13.1.        COMPANY AND / OR ITS AFFILIATES SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE IN RELATION TO ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, AND/OR APP &/OR BROWSER COMPANION BY YOU OR ANY OTHER USER OR ANY THIRD PARTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS / DAMAGES ARISING UNDER OR ACCRUING FROM THIS AGREEMENT, EXCEED THE AMOUNT OF ONE THOUSAND INDIAN RUPEES.


14. Indemnity

14.1.        You shall indemnify, defend and hold harmless Company and its Affiliates and all their officers, directors, owners, agents, employees, content providers, partners, licensors and licensees (collectively, the “Indemnified Parties“) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any (i) claims arising out of, based upon or resulting from Your use of the Services; (ii) claims arising from the breach of Your representation(s) or other covenants under this Agreement; and (iii) claims arising from Your wrongful or negligent acts. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the prior written consent of Company.


15. Store/OS Provider Rights

15.1.        The Parties acknowledge that the Store/OS Provider is not responsible or liable for addressing any claims relating to the App &/or Browser companion or the use of the App &/or Browser companion, including, but not limited to:

15.1.1.   product liability claims;

15.1.2.   any claim that the App &/or Browser companion fails to conform to any applicable legal or regulatory requirement;

15.1.3.   claims arising under any consumer protection or similar applicable legislation.

15.2.        The Parties acknowledge that in the event of any third party claim that the App &/or Browser companion or the use of the App &/or Browser companion infringes that third party’s intellectual property rights, the Store/OS Provider shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

15.3.        Upon Your acceptance of the terms and conditions of this Agreement, the Store/OS Provider shall have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof, subject to applicable laws.


16. Term and Termination

16.1.        Term

         This Agreement and the license granted herein shall commence on the Effective Date and shall be valid unless terminated in accordance with the terms mentioned under this Agreement.

16.2.        Termination

16.2.1.   The Company has the right to terminate this Agreement immediately in the event You fail to comply with any provisions / terms of this Agreement;

16.2.2.   The Company has the right to terminate this Agreement at any time, without cause, upon five (5) days prior notice.

16.3.        Effect of Termination

The termination of this Agreement shall automatically, and without further action by Company, terminate and extinguish the rights granted to You under this Agreement. In the event of termination of this Agreement, Your access to and use of the Services shall cease immediately. The Company shall have the right to retain any data provided by You during the term of the Agreement and use such data for the purposes as set out in this Agreement and the Privacy Policy.                                                  

16.4.        Survival

Notwithstanding the foregoing, the following Sections shall survive the expiration or termination hereof for any reason: 2.1 (License Terms); 10 (Proprietary Rights); 11 (Confidentiality); 12 (Representations); 13 (Limitation of Liability); 14 (Indemnity); 16 (Term and Termination); and 17 (General Provisions).


17. General Provisions

17.1.        Notification Of Changes

This Agreement may be modified or amended by the Company. The Company shall notify You of any amendments or modifications, and Your continued use of the App &/or Browser companion &/or the Device after such notification shall be deemed to be Your acceptance of such amendments or modifications.

17.2.        Force Majeure

The Company shall not be liable for any downtime or delay or unavailability of the Service caused by circumstances beyond the Company’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, internet service provider failures or delays, or denial of service attacks.

17.3.        Entire Agreement 

This Agreement, Privacy Policy and disclaimers posted in connection with the Services constitute the entire agreement between Company and You, superseding any prior agreements between You and Company on such subject matter.

17.4.        Advertisement        

Company shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use, either physically or through electronic means during the use of the App &/or Browser companion and Services.  

 

17.5.        Severability

If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

17.6.        Waiver 

The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder.

17.7.        Assignment

You may not assign or sub-license, without the prior written consent of Company, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.

17.8.        Dispute Resolution and Governing Law

This Agreement shall be governed and construed in accordance with the laws of the Republic of India, without regard to its conflict of law principles. The courts of Bangalore shall have jurisdiction over any disputes that arise out of this Agreement. 

17.9.        Relationship of Parties

It is expressly agreed that Company and You are acting hereunder as independent contractors and nothing contained or implied under this Agreement creates a joint venture, agency or partnership between You and the Company.


Privacy Policy

CIRUS (“Company”) is committed to respecting the privacy of every person who shares their information with the Company (“Personal Information“). Your privacy is important to us and we strive to take reasonable care in the protection of the information we receive from you. 

The purpose of this Privacy Policy (“Policy“), as amended from time to time, is to give you an understanding on how we intend to collect, store, transfer and use the Personal Information you provide to us during the course of Your use of the “CIRUS Connectivity hubs” Wi-Fi router which facilitates Wi-Fi internet connectivity at the last mile at Your premise (or any new versions of the Product or “Device”) and the ‘CIRUS Experience’ mobile / web application which You download and access in order to set up Your Wi-Fi / broadband internet connection. Cirus Experience also includes a browser companion (extension), a browser and a mobile app to collect and curate the browsing activity.

By providing us your Personal Information, you hereby consent to the collection, storage, disclosure, processing and transfer of such Personal Information for the purposes as disclosed in this Policy. You are providing the Personal Information out of your free will.

You have the option to not provide your consent, or withdraw any consent given earlier, provided that the decision to not provide consent / withdrawal of the consent is intimated to us in writing. If you do not provide us Personal Information or withdraw the consent to provide us with any of your Personal Information at any point in time, we shall have the option not to provide the benefits for the purpose of which the said Personal Information was sought. 

 Personal Information and its Usage

The kinds of Personal Information that we collect may include:

o       contacts;

o       location details;

o       sensor data from wearable devices associated with the device;

o       images;

o       SMS related information;

o       calendar related information (including entries on the device calendar);

o       wireless / Bluetooth connection information (including the IP address, names of routers connected to, SSIDs, and details of other devices that the device is connected to;

o       other device related information (such as the device specifications)

We may collect, disclose, process and transfer your Personal Information for various purposes including the following:

You hereby consent that the collection, disclosure, storage, processing and transfer of any Personal Information as disclosed under this Policy shall not cause any loss or wrongful gain to you if the same is used for the purposes stated in this Policy.

How We Collect Personal Information

The methods by which we collect your Personal Information include but are not limited to the following:

Transfer of Personal Information

You authorize us to transfer, share, part with your Personal Information, across borders and from your country and jurisdiction to any other countries and jurisdictions across the world (including India), with our Affiliates / agent / third party service provider / partners and other agencies for purposes specified under this Policy or as may be required by law (including any third party whose servers or software libraries are used by us for the purpose of storing your Personal Information).

You acknowledge that some countries where we may transfer your Personal Information may not have data protection laws which are as stringent as the laws of your own country. You acknowledge that it is adequate that when we transfer your Personal Information to any other entity within or outside your country of residence, we will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.

Security

The security of your Personal Information is important to us. We have adopted reasonable security practices and procedure, as further described in our information security policy of the Company to ensure that the Personal Information collected is secure. You agree that such measures are secure and adequate.

While we will endeavor to take all reasonable and appropriate steps to keep secure any information which we hold about you and prevent unauthorized access, you acknowledge that the no electronic medium / security measure is 100% secure and that we cannot provide any absolute assurance regarding the security of your Personal Information. We will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information caused by us in relation to your Personal Information.

 Use of Cookies

We may store temporary or permanent ‘cookies’ on your computer. You can erase or choose to block these cookies from your computer. You can configure your computer’s browser to alert you when we attempt to send you a cookie with an option to accept or refuse the cookie. If you have turned cookies off, you may be prevented from using certain features of the Services.

Access

If you need to access your Personal Information, update or correct your Personal Information for any reason, you may send such requests, updates and corrections to us at [email protected] and we may take all reasonable efforts to provide you with access to your Personal Information and incorporate the changes within a reasonable period of time.

Grievance Officer

If you find any discrepancies or have any grievances in relation to the processing of information under this Privacy Policy, please contact us at: [email protected]

We will endeavor to respond within an appropriate timeframe.

Changes to the Privacy Policy 

We may update this Privacy Policy from time to time. There is a tab at the end of the Privacy Policy which indicates when the Privacy Policy was last updated. 

When we update Our Privacy Policy, we will provide a message which will intimate you of the amendments to the Privacy Policy. Your continued usage of our Service will be deemed to be your consent to such amendments. If you do not agree to the amendments, please do not use our Services any further.

Contacting Us

 We can address any questions, comments and concerns about our online privacy practices and policy. Please write to [email protected]


Additional Terms & Conditions

For reference of additional terms of service and end user license agreements related to the Cirus Extension and other products developed by Cirus Foundation and affiliate entities please visit https://cirusfoundation.com/terms-of-service/ & https://cirusfoundation.com/privacy-policy/.

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