Terms & Conditions of Usage of Digiks Infotech Pvt Ltd (Digiks) Mobile and Web Applications (Apps)

This End User License Agreement (‘Agreement’) sets forth the terms and conditions governing the use of any DIGIKS application(s) downloaded or otherwise acquired by you (the ‘App’) that is designed to operate on a smart phone device you own or control (‘Device’). By installing or using this App, you agree to be bound by the terms and conditions of this Agreement. If you do not agree with the terms and conditions of this Agreement, then you should uninstall the App. References in this Agreement to ‘you’ or ‘your’ refer to both you and any person or entity on whose behalf you act, if any.

1. Grant Of License. Subject to the terms and conditions of this Agreement, DIGIKS hereby grants to you a personal, non-transferable and non-exclusive license to install and use the App on a single smartphone or tablet device solely for the purposes of your personal use. DIGIKS reserves the right to discontinue all or part of the App with or without notice at any time. All rights not expressly granted hereunder are reserved by DIGIKS. DIGIKS and its licensors retain all ownership of the App, including, but not by way of limitation, any images, algorithms, photographs, animations, video, audio, music and text incorporated in the App and all content displayed by the App.

2. App Use Restrictions. You shall not sublicense, distribute, lease, loan or otherwise convey the App or any portion thereof to anyone. You shall not modify the App, incorporate the App in whole or in part in any other product or create derivative works based on all or part of the App. You shall not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the App. You shall not sub-license, or charge others to use or access the App. You shall not use the App in connection with a service bureau, time sharing or fee-for service arrangement with third parties. Except to the extent required by applicable local law, you shall not reverse assemble, decompile or disassemble or otherwise reverse engineer any portion of the App. If you dispose of any media embodying App, you will ensure that you have completely erased or otherwise destroyed any App stored on such media. THE APP IS NOT DESIGNED NOR INTENDED FOR USE IN ANY SITUATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH OR BODILY INJURY OF ANY TYPE TO ANY PERSONS.

3. Assumption of Risk. You acknowledge and agree that you are using the App at your own risk. You agree that DIGIKS will incur no legal or moral liabilities to you or anyone else for your use of the App or reliance on any information produced by the App.

4. Data. Digiks is committed to protecting the privacy of its users. We collect data from users in order to provide them with the best possible experience. We do not share personally identifiable information with any third parties, except in the following limited circumstances: When we have your consent to do so
To provide you with the services you have requested
To comply with the law or a legal obligation
To protect our rights or property
To prevent fraud or other illegal activity
We use a variety of security measures to protect user data, including encryption, access controls, and regular security audits. We also have a team of security experts who are constantly working to identify and address new threats

5. Disclaimer of Warranty. DIGIKS PROVIDES THE APP TO YOU “AS IS”, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DIGIKS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTY THAT THE INFORMATION PROVIDED BY THE APP IS ACCURATE, COMPLETE OR UP-TO-DATE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DIGIKS EMPLOYEE, REPRESENTATIVE OR DISTRIBUTOR SHALL CREATE A WARRANTY FOR THE APP, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. DIGIKS’S LICENSORS EXPLICITLY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE APP.

6. Limitation Of Liability. IN NO EVENT SHALL DIGIKS OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND, PERSONAL INJURY/WRONGFUL DEATH (INCLUDING WITHOUT LIMITATION THE COST OF COVER, DAMAGES ARISING FROM LOSS OF DATA, USE, PROFITS OR GOODWILL), WHETHER OR NOT DIGIKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. DIGIKS’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT AND/OR YOUR USE OR POSSESSION OF THE APP, INCLUDING WITHOUT LIMITATION ANY CLAIMS IN TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE, AND FOR ANY AND ALL CLAIMS COMBINED, WILL NOT EXCEED THE FEE YOU PAID FOR YOUR LICENSE TO THE APP. By using the App you agree to indemnify and hold DIGIKS, its officers, scientists, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the App.

7. Termination and Cancellation. Either you or DIGIKS may terminate or cancel your use and/or access to the App at any time, with or without cause. You understand and agree that stopping your access to or usage of the App is your sole right and remedy with respect to any dispute with DIGIKS.

8. General. This Agreement supersedes all proposals, oral or written, all negotiations, conversations, discussions and all past course of dealing between you and DIGIKS relating to the App or the terms of its license to you. Modifications of this agreement may be published to the App and your continued use of the App indicates your acceptance of the modified Terms of Use. In the event any term of this Agreement is held by a court of competent jurisdiction not to be enforceable, the remaining terms shall survive and be enforced to the maximum extent permissible by law. No waiver of any right or obligation contained herein shall be given except in writing signed by the party against whom the waiver is sought to be enforced. If any of the provisions of this Agreement are held to be invalid under any applicable statute or regulation, such invalid provisions shall be severed from this Agreement and the remaining provisions of this Agreement shall be interpreted so as best to reasonably effect the intent of this Agreement. The parties further agree to replace any such invalid or unenforceable provisions with valid and enforceable provisions designed to achieve, to the maximum extent possible, the business purposes and intent of such invalid or unenforceable provisions. Neither this Agreement nor the licenses granted herein are transferable by you without the prior written consent of DIGIKS. DIGIKS may assign this Agreement, in whole or in part. For purposes of this Agreement, transfer of rights by you pursuant to a merger, acquisition or by operation of law shall be deemed to be an assignment. This Agreement shall inure to the benefit of the parties and their permitted successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Government of India, as if performed wholly within the country and without giving effect to the principles of conflict of law.