TERMS OF USE FOR AUTOWIZ DEVICE AND AUTOWIZ SOFTWARE
Last Updated 20 AUG 2020
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE AUTOWIZ DEVICE OR AUTOWIZ SOFTWARE OR PURCHASING AUTOWIZ DEVICE FROM AUTOWIZ WEBSITE (www.autowiz.in) OR ANY AUTHORIZED DISTRIBUTOR OF AUTOWIZ.
By installing and/or using AutoWiz OBD/GPS Device or AutoPulse OBD Bluetooth Device or AutoWiz Hotspot or AutoBeacon BLE Device (“AutoWiz Device”) in your vehicle or registering or Signing into any of AutoWiz Mobile App, AutoPulse Mobile App, AutoBeacon Mobile App, AutoWiz Web App ("AutoWiz Software") or purchasing AutoWiz Device from AutoWiz website (http://www.autowiz.in or http://www.autowiz.co) or from any authorized distributor (online or offline) of AutoWiz, you agree that this End User License Agreement (EULA) is a legally binding and valid contract between you and SenSight Technologies Private Limited ("SenSight") and you agree to be bound by it. You agree to abide by all of the terms and conditions of this Agreement and the Privacy Policy on AutoWiz website.
Your use of AutoWiz Device and/or AutoWiz Software indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, SenSight grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use AutoWiz Software in accordance with this Agreement and any other written agreement with SenSight. SenSight does not transfer the title of AutoWiz Software to you; the license granted to you is not a sale. This agreement is a binding legal agreement between SenSight and the purchasers or users of AutoWiz Software.
If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this Agreement and you have the authority to bind that business entity to this Agreement.
If you do not agree to be bound by this agreement, remove AutoWiz Device from your vehicle and AutoWiz Software from your device.
AutoWiz Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. AutoWiz Device provided to you shall not be shared, distributed, re-sold, offered for re-sale or transferred.
3.1 Use : Your license to use AutoWiz Software is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of AutoWiz Software.
3.2 Use Restrictions : You shall use AutoWiz Device and AutoWiz Software in compliance with all applicable laws and not for any unlawful purpose.
3.3 Copyright Restriction : AutoWiz Device and AutoWiz Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile AutoWiz Device or AutoWiz Software. Nor can you create any derivative works or other works that are based upon or derived from AutoWiz Device or AutoWiz Software in whole or in part. SenSight and its Affiliates retain sole and exclusive ownership of all right, title and interest in and to AutoWiz Device and AutoWiz Software and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of AutoWiz, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for SenSight.
3.4 Limitation of Responsibility : You will indemnify, hold harmless, and defend SenSight, its employees, directors, agents and distributors against any and all claims, liabilities, proceedings, demand and costs resulting from or in any way connected with your use of AutoWiz Device or AutoWiz Software. In no event (including, without limitation, in the event of negligence) will SenSight, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, AutoWiz Device or the use or inability to use AutoWiz Device or AutoWiz Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. Your remedy for dissatisfaction with the AutoWiz Device and AutoWiz Software, is to stop using AutoWiz Device and the AutoWiz Software. Notwithstanding any other provision in this contract, the total liability of SenSight for any claim, loss or damage, whether in contract, tort (including gross negligence), or otherwise, arising out of, connected with, or resulting from the manufacture, sale, license, delivery, repair, replacement or use of any AutoWiz Device or AutoWiz Software shall not exceed 100% of the price received by SenSight from you for the specific units of AutoWiz Device or AutoWiz Software for which the liability arose.
3.5 Warranties : In case SenSight has agreed to a replacement warranty for the AutoWiz Device for a certain warranty period as per any signed and written Contract with you, then the replacement warranty shall be subject to the terms and conditions set forth below: (a) Replacement Warranty shall be applicable in case the AutoWiz Device does not materially confirm to the specifications of AutoWiz Device (as per the specifications prevailing at the time of sale of AutoWiz Device to you), during the Warranty Period. (b) SenSight shall not be liable for defects caused by normal wear and tear, willful damage, negligence, improper usage, failure to follow the AutoWiz use instructions, incorrect usage without our approval, modification or repair; (c) SenSight shall not be liable for certain limitations in the functionality of AutoWiz Device in case the AutoWiz Device is plugged into a Car Make and Model that is incompatible with the AutoWiz Device. (d) SenSight shall not be liable for defects in the AutoWiz Device resulting from modifications or changes in specifications if the aforementioned modifications or changes were requested by you; (e) The warranty does not extend to parts, accessories, materials or equipment that was not provided by SenSight; (f) Shipping or courier charges for replacing the AutoWiz Device: On one way each party shall pay for the shipping or courier charges.
Even though we make our best efforts to ensure that the Data shown on the AutoWiz software is accurate and relevant, we do not guarantee the accuracy, correctness and/or relevancy of the Data. Except as expressly stated in writing, SenSight makes no representation or warranties in respect of AutoWiz Device and AutoWiz Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law : This Agreement shall be subject to and be governed by the laws of India. Any and all disputes or differences between the Parties hereto arising out of or in connection with this Agreement or AutoWiz shall be submitted to final and binding arbitration at the request of either of the Parties upon written notice to that effect to the other. Such arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 and shall be held in Bangalore, India. All proceedings of such arbitration shall be in the English language. The arbitration panel shall consist of the sole arbitrator appointed by the Company. Nothing herein shall preclude either Party from seeking interim or permanent equitable or injunctive relief, or both, from the courts in Bangalore, India. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the Parties to pursue any remedy for monetary damages through the arbitration described in this Section. Subject to the preceding Para, the courts at Bangalore, India shall have exclusive jurisdiction in all disputes and differences between the Parties. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.7 Termination : Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of AutoWiz Device and AutoWiz Software and destroy all copies of AutoWiz Software supplied under this Agreement.
AUTOWIZ DEVICE AND AUTOWIZ SOFTWARE ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES AND DATA GENERATED AND EDITED BY AUTOWIZ DEVICE AND AUTOWIZ SOFTWARE AS WELL.
You agree that SenSight may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to AutoWiz. SenSight may also use this information to provide notices to you which may be of use or interest to you. Our Privacy Policy available on our website describes the terms and policies governing the collection and use of Data.
We may at any time modify the terms of this Agreement without any prior notification to you. In the event of any such modification of the Agreement, the link to the latest version of the Agreement shall be available in the AutoWiz Software and shall become effective from the time of posting. You must regularly review this Agreement and in the event the modified or amended terms and conditions of the Agreement are not acceptable to you, you should discontinue use of AutoWiz Device and AutoWiz Software. Your continued use of the AutoWiz Device and AutoWiz Software will constitute your acceptance of the latest revised Agreement.
Additionally, SenSight reserves the right to withdraw, without prior notice to you, access to the AutoWiz Software thereof and to change, modify, revise the AutoWiz Software at any time. SenSight retains the right to revise and modify the pricing policy at any time without any prior notice to you.
In case of any questions regarding our Terms of Use, please contact us at info@autowiz.in