Introduction

Welcome to SmartyzeDetect. SmartyzeDetect Products and Services are operated by PIR2 Smartyze LLP ("we," "our," "us," or "the Company"). These Terms of Service ("Terms") apply to your use of any of the SmartyzeDetect services, including:

a) the SmartyzeDetect hardware products or PC Apps or SDKs, (referred to herein as the "SmartyzeDetect Systems" or "Products"); and/or

b) the SmartyzeDetect websites and any associated accounts, mobile apps, technical support and services accessible via SmartyzeDetect websites, and all other web services associated with the SmartyzeDetect product (collectively referred to as the "SmartyzeDetect Websites and Apps" or "PC apps" or "Sites"). ((a) and (b) above being collectively referred to herein as the "SmartyzeDetect Services")

1. Terms of Service

Your use of the SmartyzeDetect Services is subject to the provisions of these Terms. You represent and warrant that you have the full authority to enter into this agreement with SmartyzeDetect and that in doing so you are not violating any terms and conditions you are already party to (if any). You certify that you are 18 years old or older, or are using SmartyzeDetect Services under supervision of your parent or guardian who agrees to be bound by these Terms. You also certify that you are legally permitted to use and access the SmartyzeDetect Services. These Terms are void where prohibited by law, and the right to access the SmartyzeDetect Services is revoked in such jurisdictions. You further agree to use the SmartyzeDetect Services in complete compliance with all the applicable laws of India.

SmartyzeDetect may at its discretion change these Terms. Any changes made to the provisions of these Terms will be updated on the SmartyzeDetect website. We encourage you to periodically check the SmartyzeDetect website for the current version of these Terms. Your continued use of or access to the SmartyzeDetect Services following the posting of any changes constitutes acceptance of those changes.

If you are dissatisfied with any changes to these Terms you may terminate your use of the SmartyzeDetect Services in accordance with Section 13 of these Terms.

Although we give you permission to use SmartyzeDetect Services, we retain any intellectual property rights we have in the Services.

THE SmartyzeDetect SERVICES ARE FOR AUTHORIZED PERSONAL, NONCOMMERCIAL, LEGAL USE ONLY. They must not be used for any commercial purpose whatsoever. SmartyzeDetect Services must not be used for any illegal or unauthorized purpose.

2. User Information

Registration of your SmartyzeDetect Products is required for use of SmartyzeDetect Services. To register, you must provide and maintain accurate information ("User Information"), which may include: (i) your name, (ii) your email address and (iii) system identification number (provided with each SmartyzeDetect hardware Product). You agree to provide and maintain accurate and complete User Information. SmartyzeDetect may terminate your account if you provide SmartyzeDetect with inaccurate or incomplete information.

SmartyzeDetect respects the privacy of your User Information and will safeguard the User Information in accordance with the SmartyzeDetect Privacy Policy located at https://www.smartyzedetect.com/pages/privacy/. We encourage you to review the Privacy Policy frequently. SmartyzeDetect may monitor usage data, such as log entries, diagnostics, bandwidth usage, and various other analytics coming from Products and Services tied to a registered User, but will not disclose your User Information to third parties for their independent marketing or promotional purposes unless you affirmatively give consent during the registration process.

By completing the registration process, you agree to the Privacy Policy and Terms of Service and affirm that you understand and consent to SmartyzeDetect's collection, storage and use of your User Information. You have the right to update your User Information. Such changes can be made by logging into your SmartyzeDetect account on the mobile app or writing to us via email at the address mentioned under the "Contact" section below.

3. Member account, password and security

You will create a password and account designation during the SmartyzeDetect registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

SmartyzeDetect will not be liable for any loss or damage arising from your failure to comply with this Section 3. SmartyzeDetect may refuse registration of or cancel SmartyzeDetect account designation at its discretion.

4. Changes to your SmartyzeDetect Service

SmartyzeDetect may, at its discretion and without notice or user permission, change, add, or remove features and functionality of the SmartyzeDetect Services. If you are dissatisfied with any material changes to the SmartyzeDetect Services, you may cancel your use of the SmartyzeDetect Services (see section ‘Cancellations and Refunds’ for more details). SmartyzeDetect is under no obligation to provide any or all features and functionality to your SmartyzeDetect System and may, at its discretion, discontinue the provision of software updates to certain SmartyzeDetect Systems.

5. Service eligibility

Use of the SmartyzeDetect Services requires that SmartyzeDetect Products have access to an always-on, broadband internet connection. The Services will not be accessible without: (i) a working internet connection that is setup to communicate reliably with the Products or Systems; (ii) a registered Account (see Section 2 & 3); (iii) an enabled and supported wireless device, such as a phone (required for some features and functionalities of the Service); (iv) always-on broadband Internet access in your home/premise with bandwidth sufficient to support the Products and Systems you use; (v) compatible cameras or camera systems as specified by SmartyzeDetect and (vi) other system elements that may be specified by SmartyzeDetect. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met. If you modify, substitute, move, or otherwise change any of the required system elements, it is your sole duty and responsibility to be sure they are compatible and properly configured to work with the Products and Services. You agree to fully indemnify, defend and hold harmless SmartyzeDetect and waive any claims against it or its related associates in case you fail to comply with the above stated conditions. To enable the SmartyzeDetect Services some SmartyzeDetect Systems (including SmartyzeDetect PC Apps and SmartyzeDetect hardware) must be registered using the SmartyzeDetect Android app.

6. Member Conduct

You understand that all information, data, text, photographs, video, messages, feedback, comments, questions, other information or materials ("Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not SmartyzeDetect, are entirely responsible for all Content that you capture, upload, post, email, transmit or otherwise make available via the SmartyzeDetect Services.

SmartyzeDetect does not control the Content posted via the SmartyzeDetect Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will SmartyzeDetect be liable for any Content, including but not limited to,

a) any errors or omissions in any Content

(b) any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the SmartyzeDetect Services including viewing, copying or redistribution of the Content;

(c) loss or destruction of Content; or

(d) failure to comply with any and all applicable central, state, and local laws with respect to use of the SmartyzeDetect Services including but not limited to laws related to closed-circuit television monitoring for any purpose and recording in public areas. You also understand that SmartyzeDetect does not guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we do not guarantee the authenticity of any data that users may provide about themselves. We do not control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the SmartyzeDetect Services.

You agree not to use the SmartyzeDetect Services to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy; harm minors in any way; impersonate any person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the SmartyzeDetect Services; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; interfere with or disrupt the SmartyzeDetect Services or servers or networks connected to the SmartyzeDetect Services (including without limitation denial-of-service attacks) or disobey any requirements, procedures, policies or regulations of networks connected to the SmartyzeDetect Services; intentionally or unintentionally violate any applicable local, state, national or international law.

SmartyzeDetect may refuse or remove Content from the SmartyzeDetect Services that may violate the Terms, such as those prohibitions listed in Section 6.

Without limiting the foregoing, SmartyzeDetect will have the right at any time to remove any Content that violates these Terms, is illegal, or SmartyzeDetect believes may be illegal or inappropriate (including, but not limited to, removal upon receipt of claims or allegations from authorities relating to such Content).

You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services. You acknowledge, consent and agree that SmartyzeDetect may access, preserve and disclose your account information and/or Content if required to do so by law or in a belief that such access, preservation or disclosure is reasonably necessary to

(a) comply with legal process, including without limitation subpoenas and search warrants

(b) enforce these Terms

(c) respond to claims that any Content violates the rights of third parties

(d) respond to your requests for customer service or

(e) protect the rights, property or personal safety of SmartyzeDetect, its users and the public.

You understand that the technical processing and transmission of the SmartyzeDetect Services, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the SmartyzeDetect Services and software embodied within the SmartyzeDetect Services may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by SmartyzeDetect and/or content providers who provide content to the SmartyzeDetect Services. You may not attempt to override or circumvent any of the usage rules embedded into the SmartyzeDetect Services. Any unauthorized or illegal reproduction, publication, further distribution or public exhibition of the materials provided on the SmartyzeDetect Services, in whole or in part, is prohibited.

7. Content submitted or made available for inclusion on the SmartyzeDetect Services

SmartyzeDetect does not claim ownership of Content you submit or make available for inclusion on the SmartyzeDetect Services. You have no obligation to provide any Content to our Services and you’re free to choose the Content that you want to provide. Nevertheless, with respect to Content you submit or make available for the SmartyzeDetect Services, you grant SmartyzeDetect the following worldwide, royalty-free, non-exclusive, perpetual, irrevocable, sub licensable and transferable license, as applicable: the license to use, distribute, reproduce, modify, adapt, make derivative works of, publish, publicly perform, or publicly display your content, such Content on the SmartyzeDetect Services solely in connection with providing you the SmartyzeDetect Services, as permitted through the functionality of the SmartyzeDetect Services and under these Terms. You also hereby do and shall grant each user of the SmartyzeDetect Services (to whom you provide access to your account) a non-exclusive license to access and use your Content through the SmartyzeDetect Services, as solely permitted through the functionality of the SmartyzeDetect Services and directed by you and under these Terms. If your SmartyzeDetect Service utilizes artificial intelligence capabilities then, you explicitly agree that Content made available via camera systems may be captured by your SmartyzeDetect system and used and analyzed by SmartyzeDetect Services.

For clarity, the foregoing license grants to SmartyzeDetect do not affect your ownership of or right to grant additional licenses to your Content.

8. License and Services Fees

Some SmartyzeDetect Services require the purchase of a software license and a service fee (collectively Services fees) for the term for which the Services are delivered. You agree to pay such fees in advance at the start of the term. Your Service fees will cover the SmartyzeDetect Services defined in your SmartyzeDetect Service plan. SmartyzeDetect may offer multiple Service plans with varying levels and services.

9. Payment processing

SmartyzeDetect uses Razorpay (https://razorpay.com/, which is Payment Card Industry Data Security Standard compliant) for processing payments within India, when you purchase a license to an application or service from SmartyzeDetect. We do not store your card data. You may refer to the Razorpay terms, for its data storage and compliance with PCI-DSS. For more insight, you may also read terms and conditions of Razorpay on https://razorpay.com. Once you complete the payment process, you will receive an e-mail confirmation of your payment. Access to SmartyzeDetect Services will not be established until SmartyzeDetect has verified that the payment is successful. International payments are handled via Paypal or Stripe.

SmartyzeDetect may suspend or terminate your SmartyzeDetect Services without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks the return of payments previously made for SmartyzeDetect Services. SmartyzeDetect may refer your account to a third party for collection in the event of ongoing default.

10. Internet service provider and cell phone charges

The SmartyzeDetect Services require the use of a broadband Internet connection. You are responsible for any service charges for your internet connection or data plan incurred as a result of using or accessing the SmartyzeDetect Services and acknowledge and agree that you will be solely responsible for all disputes with any internet service or cell phone provider relating to the same. In particular, streaming and viewing recorded videos and the use of the apps may incur extra and substantial charges on devices that use a data plan. SmartyzeDetect is not responsible for and does not make any assurances about the availability, functionality, or cost of any broadband internet connection or other data plan.

11. Using the SmartyzeDetect Services

You may access and use the SmartyzeDetect Services only with a SmartyzeDetect System that is authorized to communicate with the SmartyzeDetect Services. You agree not to tamper with or otherwise modify your SmartyzeDetect System. The SmartyzeDetect Services are provided for your personal, non-commercial use and may not be resold, in whole or in part. Except as expressly provided in these Terms, you may not transfer the SmartyzeDetect Services or the right to receive them. By using the SmartyzeDetect Services you agree to receive all software updates and upgrades that SmartyzeDetect sends to your SmartyzeDetect System or Services. If your SmartyzeDetect System accesses the SmartyzeDetect Services (regardless of your payment or service status) you acknowledge and agree that you are a user of the SmartyzeDetect Services and are bound by the provisions of these Terms.

12. Termination of service

You may request termination of your account and your right to use the SmartyzeDetect Services at any time without limitation. The SmartyzeDetect Services will be terminated within approximately 10 business days after your request. Any unused SmartyzeDetect Services fees, including service fees, are not refundable upon termination. Upon termination of your account, certain information may not immediately be deleted from SmartyzeDetect’s systems, including without limitation log entries, diagnostics, analytics originating from Services tied to the registered user; transaction details of the account; or information subject to search warrant, subpoenas, or other legal process.

Notwithstanding anything to the contrary in these Terms, SmartyzeDetect retains the absolute right to immediately terminate your account if the Service fees are refused for any reason, if you breach any provision of these Terms, if you misuse the SmartyzeDetect Services, and/or if you alter your SmartyzeDetect System or use the SmartyzeDetect Services or software in such a manner as to infringe upon the intellectual property rights of SmartyzeDetect or any third party.

SmartyzeDetect gives you at least 10 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the SmartyzeDetect Services before termination. Termination of the SmartyzeDetect Services may result in the forfeiture and destruction of all information associated with your account, including Content.

All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

13. Cancellations and Refunds

You may cancel an active service plan at any time by contacting us. Upon cancellation, your access to SmartyzeDetect Services offered under the service plan will remain active until the end of the current payment term. You will NOT receive a refund if you cancel your service.

14. Title to software and intellectual property

You may need to use certain software programs in your SmartyzeDetect System to use or have full access to certain features of the SmartyzeDetect Services. You are required to accept and use the software included in your SmartyzeDetect System at the time of purchase and other software programs that may be delivered to your SmartyzeDetect System by SmartyzeDetect from time to time. SmartyzeDetect and/or its subsidiaries, affiliates, and licensors retain title to and ownership of all the software for the SmartyzeDetect System and certain intellectual property rights in the SmartyzeDetect System. SmartyzeDetect and/or its affiliates also retain ownership of all SmartyzeDetect copyrights and trademarks. In the case of third party software delivered by SmartyzeDetect and/or its subsidiaries and affiliates to the SmartyzeDetect System, the applicable third party retains title to and ownership of its software, copyrights and trademarks. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes the SmartyzeDetect System or the software of the SmartyzeDetect System is strictly prohibited. If you install any SmartyzeDetect software applications on your computer, ownership and the other terms of such use are governed by the applicable End User License Agreement to which you must agree prior to installation.

15. Links

You may provide a link to the SmartyzeDetect website. Any link to any SmartyzeDetect Service must be to its home or top-level page.

The SmartyzeDetect Services may provide, or third parties may provide, links to other websites or resources not part of SmartyzeDetect Services. Because SmartyzeDetect has no control over such sites and resources you agree that SmartyzeDetect is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further agree that SmartyzeDetect will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.

16. No resale of SmartyzeDetect Services

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any purposes any portion of the SmartyzeDetect Services, use of the SmartyzeDetect Services or access to the SmartyzeDetect Services.

17. Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SmartyzeDetect AND ITS SUBSIDIARIES AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCLUDING BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST SmartyzeDetect AND ITS SUBSIDIARIES AND AFFILIATES OR THE SmartyzeDetect SERVICES, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY PROVISION OF THESE TERMS, YOUR MISUSE OF THE SmartyzeDetect OR SmartyzeDetect SERVICES, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF SmartyzeDetect SERVICES.

18. Warranty and Warranty disclaimer

SmartyzeDetect has a limited warranty on the SmartyzeDetect Products (applicable only on Hardware products and does not apply to PC Apps or SDKs) whereby SmartyzeDetect warrants to and only to you that the SmartyzeDetect Products will be free from defects in materials and workmanship for 6 months from the date of your purchase of the SmartyzeDetect Products.

Repair or modification of Products by anyone other than SmartyzeDetect or a SmartyzeDetect approved agent will void the warranty.

TO THE EXTENT POSSIBLE UNDER GOVERNING LAW, OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE SmartyzeDetect PRODUCTS, YOU UNDERSTAND AND AGREE THAT THE SmartyzeDetect SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SmartyzeDetect MAKES NO WARRANTY THAT THE SmartyzeDetect SERVICES WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SmartyzeDetect SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE NOR DOES SmartyzeDetect MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SmartyzeDetect SERVICES (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE SmartyzeDetect SERVICES WILL BE CORRECTED OR THAT THE SmartyzeDetect PRODUCTS OR SmartyzeDetect SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, SmartyzeDetect DOES NOT WARRANT THAT THE SmartyzeDetect SERVICES OR THE SmartyzeDetect SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SmartyzeDetect ALSO ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES THAT MAY INFECT YOUR SmartyzeDetect PRODUCTS, COMPUTER SOFTWARE, OR OTHER HARDWARE.

YOU AGREE THAT SmartyzeDetect IS NOT AN INSURER AND THAT SmartyzeDetect IS NOT PROVIDING YOU WITH INSURANCE OF ANY TYPE. ANY AMOUNTS THAT YOU PAY SmartyzeDetect FOR THE SmartyzeDetect SERVICE ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR PROPERTY, ANYONE ELSE’S PROPERTY LOCATED IN YOUR PREMISES, OR ANY RISK OF LOSS AT YOUR PREMISES. IF YOU WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT YOUR PREMISES, YOU WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, YOU WILL NOT LOOK TO SmartyzeDetect TO COMPENSATE YOU OR ANYONE ELSE. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST SmartyzeDetect ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.

SmartyzeDetect's EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF CERTAIN EVENTS, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS. SmartyzeDetect MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SmartyzeDetect PRODUCTS AND SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. SmartyzeDetect DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT SmartyzeDetect.

OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE SmartyzeDetect PRODUCTS, SmartyzeDetect AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SmartyzeDetect SERVICES, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. SmartyzeDetect HEREBY FURTHER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS FOR SERVICE FAILURES THAT ARE DUE TO NORMAL PRODUCT WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION OR YOUR NON-COMPLIANCE WITH ANY AND ALL APPLICABLE CENTRAL, STATE OR LOCAL LAWS.

19. No third-party beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.

20. Limitations of SmartyzeDetect's liability

Under no circumstances will SmartyzeDetect be liable in any way for any Content, including, but not limited to, the loss of Content, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the SmartyzeDetect Services.

Reliability of SmartyzeDetect Services: You acknowledge that the Services, including but not limited to remote access and mobile notifications, are not error-free or 100% reliable and 100% available. Proper functioning of the Services relies and is dependent on, among other things, the transmission of data through your Wi-Fi network, enabled wireless device (such as a phone) and broadband internet access, for which neither SmartyzeDetect nor any wireless or data carrier is responsible, and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (collectively, “Service Interruptions”). You understand that Service Interruptions may result in the Services being unreliable or unavailable for the duration of the Service Interruption. We cannot and do not guarantee that you will receive notifications within any given time, or at all. YOU AGREE THAT YOU WILL NOT SOLELY RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR SmartyzeDetect PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. There is no way for SmartyzeDetect to provide specific information relating to a situation in your home or elsewhere. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation. Your acceptance of these SmartyzeDetect Service Terms constitutes your acknowledgement that SmartyzeDetect has advised you of these potential limitations.

Service Interruptions. No refund or rebate. The SmartyzeDetect Services may be suspended temporarily, without notice, for security reasons, systems failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. SmartyzeDetect does not offer any specific uptime guarantee for the SmartyzeDetect Services.

Exclusions. SmartyzeDetect enhances capabilities of your existing cameras and camera systems compatible with the SmartyzeDetect product and services. In many cases, your existing cameras may offer their own capabilities and services (collectively called “3rd party camera services”). By agreeing to these Terms you acknowledge that SmartyzeDetect shall have no liability whatsoever arising from or relating to your use of capabilities and services (“3rd party camera services”) offered by your existing cameras or camera systems.

SmartyzeDetect's liability for damages, especially for breach of duty or obligation, delay in performance, non-performance, or malperformance shall be precluded.

21. General Information

Entire Agreement: These Terms constitute the entire agreement between you and SmartyzeDetect and govern your use of the SmartyzeDetect Services superseding any prior agreements between you and SmartyzeDetect with respect to the SmartyzeDetect Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other SmartyzeDetect Services, third-party content or third-party software.

Choice of Law and Forum: Subject to the foregoing and provisions of these Terms, all disputes under or in relation to the Terms and use and access to SmartyzeDetect Products and Services, software and/ or any content/ associated or linked service/ upgrade/ software/ part/ component thereof shall be adjudicated by the competent courts in Bangalore and such courts shall have exclusive jurisdiction over such dispute matters.

Waiver and Severability of Terms: The failure of SmartyzeDetect to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these Terms remain in full force and effect.

No Right of Survivorship and Non-Transferability: You agree that your SmartyzeDetect account is non-transferable and any rights to your SmartyzeDetect account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Additional Services: We may from time to time make additional SmartyzeDetect services (each an "Additional Service") available to you. In order to access such Additional Services, you may be required to take certain steps, including consent to further terms.

22. Contact

The following entity is responsible for delivering the SmartyzeDetect Services.

PIR2 SMARTYZE LLP

No 126/1, Kothanoor Main Road, JP Nagar 7th Phase Bangalore - 560078

E-mail: contact@smartyzedetect.com

Last Updated: January 6, 2022