- INTRODUCTION AND SCOPE
TronX things Pvt ltd (“TronX things”) sells hardware products (the “Hardware”) and software, either embedded in the Hardware or distributed separately (the “Software” and together with the Hardware, the “TronX things System”). TronX things owns and operates this website and provides access to certain internet and software application services related to the use of TronX things Systems and TronX things-owned brands (the “Services”).
For the avoidance of doubt, the TronX things End User License Agreement between you and TronX things sets forth the terms and conditions that apply to your use of any Software, and the TronX things Limited Warranty provided with your Hardware (the “Warranty”) sets forth the terms of the limited warranty that applies to the Hardware
TronX things may, in its sole discretion and without prior notice to you, add, delete or otherwise change the provisions of these Terms by posting on the Website a version of these Terms containing such changes. You should periodically check the Website for the most current version of these Terms. If you are dissatisfied with any such changes to these Terms, your sole recourse will be to cease use of the Website and the Services or any portion thereof.
The Services include any additional features and functionality that TronX things may, in its sole discretion and from time to time, offer to you. TronX things may, in its sole discretion and without notice to you, add, delete or otherwise change features and functions of the Services at any time. If you are dissatisfied with any such changes to the Services, you may immediately cancel your use of such Services.
- LICENSE RIGHTS AND USE RESTRICTIONS:
(a) Access and Use. Subject to the terms and conditions of this Agreement, any applicable limitations on the number of devices and payment of any applicable fees, TronX things grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services as provided to you by TronX things and solely for the purpose of controlling and monitoring your TronX things System (the “Permitted Purpose”).
(b) Certain Restrictions. Your use of the Services is subject to the following restrictions: you agree (i) not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) not to access the Services in order to build a similar or competitive service, (iv) not to use the Services for any unlawful purpose, or for any purpose other than the Permitted Purpose; (v) that no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (vi) not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Website, the Services, the Hardware, the Software, or any other system, device or property; (vii) not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Website or the Services, or violate the regulations, policies, or procedures of such networks; (viii) not to access (or attempt to access) any of the Services by means other than through the interface that is provided by TronX things; and (ix) not to remove, obscure or alter any proprietary rights notices which may be contained in or displayed in connection with the Website or the Services.
(c) IN ADDITION, IN NO EVENT DOES TRONX THINGS AUTHORIZE YOU OR ANYONE ELSE TO USE THE SERVICES WHERE THE FAILURE OF THE SERVICES TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OR PROPERTY, OR IN LOSS OF LIFE. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO INDEMNIFY AND HOLD TRONX THINGS HARMLESS FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.
(d) Modification. TronX things reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof, with or without notice. You agree that TronX things will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
- THIRD-PARTY CONTENT:
The Services may give you the ability to access content, such as music or video services, television or other material, controlled or provided by third parties (“Third-Party Content”). You understand and acknowledge that: (a) Third-Party Content remains the property of the applicable third parties, who have the sole right to determine your rights to use such content; (b) TronX things is not responsible for, and has no editorial control over, any Third-Party Content, and TronX things does not sponsor or endorse any such content; and (c) TronX things has no control over the distribution of Third-Party Content. You agree that TronX things will have no liability to you or to any third parties, including without limitation to anyone else who uses your TronX things System, related to or arising out of to any Third-Party Content. You also agree that neither the Services will not be used to illegally copy, display or otherwise make use of Third-Party Content without authorization from the appropriate rights holder or in violation of applicable law. Unauthorized copying or distribution of copyrighted or trademarks may constitute an infringement of the copyright or trademark holders’ intellectual property rights. In addition, steps intended to defeat or bypass security measures designed to prevent infringement of the intellectual property rights of others may be illegal under U.S. law or comparable foreign laws. TronX things reserves the right to terminate your right to access and use the Services and delete your account if TronX things believes in good faith that you have used the Services or your TronX things System to infringe upon the intellectual property rights of others.
- INTERNET SERVICE PROVIDER CHARGES:
Access to and use of the Services requires the use of, and you are responsible for, an always-on broadband Internet connection. TronX things is not responsible for and does not make any assurances about the availability or functionality of any broadband Internet connection. Network protection for your Internet connection is strongly advised to protect your TronX things System against viruses and other types of harm. You are responsible for any service charges for your Internet connection incurred as a result of using or accessing the Website and/or the Services and acknowledge and agree that you shall be solely responsible for all disputes with any Internet service provider related to the same.
- CERTAIN OF YOUR REPRESENTATIONS AND WARRANTIES TO TRONX THINGS:
You represent and warrant to TronX things that: (a) you have provided or will provide TronX things with User Information that is correct and complete; (b) you will not use the Services in violation of any applicable laws, regulations, or ordinances or for any illegal or unauthorized activities; (c) you take full responsibility for the actions of anyone to whom you disclose your password or login ID or whom you otherwise allow to access your account; and (d) you will never circumvent, compromise, nor attempt to circumvent or compromise any TronX things security measures in connection with the Services.
8. TERM AND TERMINATION:
These Terms will remain in full force and effect so long as you continue to use or access the Website and/or the Services, or until terminated in accordance with the provisions of this section. You may terminate your account and your right to use the Services for any reason, at any time. Your access to the Services and your account will be terminated upon your written or emailed request. At any time TronX things may suspend or terminate your rights to use the Services, if TronX things in good faith believes that you have used the Services in violation of this Agreement. If you transfer or assign your TronX things System or any portion thereof to a new owner, your right to use the Services with respect to such products automatically terminates, and the new owner will have no right to use the Services under your account (as described below), and will be required to register for a separate account with TronX things.
You acknowledge that all right title and interest in and to the Services, including all intellectual property rights therein and thereto, remain the exclusive property of TronX things and its licensors, and this Agreement grants to you no right or interest therein other than the limited rights expressly set forth herein, and TronX things and its licensors and suppliers reserve all rights not granted in this Agreement.
- YOUR INDEMNIFICATION OF TRONX THINGS:
You agree to defend, indemnify and hold harmless at all times, TronX things, and its officers, directors, employees, consultants, agents, and other representatives, from and against any and all suits, claims, actions, proceedings, damages, demands, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), arising from or related to: (a) your negligence or willful misconduct; (b) your use of the Services; (c) your breach of any of your representations, warranties, obligations, or covenants in this Agreement; and (d) your use of Third-Party Content.
- WARRANTY DISCLAIMERS:
(a) THE WEBSITE AND THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND TRONX THINGS AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM, TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
(b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRONX THINGS AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRONX THINGS, ANY DEALER OR THROUGH THE WEBSITE OR THE SERVICES SHALL CREATE ANY WARRANTY WITH RESPECT TO THE WEBSITE OR THE SERVICES. FURTHER, TRONX THINGS DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES OR THE TRONX THINGS SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK WITH RESPECT TO YOUR USE OF THE SERVICES. FURTHERMORE, TRONX THINGS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROFESSIONAL SERVICES PERFORMED BY ANY TRONX THINGS DEALERS.
- LIMITATION OF LIABILITY
IN NO EVENT WILL TRONX THINGS OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY: (A) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING FROM OR RELATED TO TRONX THINGS’S PERFORMANCE OR FAILURE TO PERFORM IN ACCORDANCE WITH THIS AGREEMENT, OR YOUR USE OF THE WEBSITE AND/OR THE SERVICES, OR THE OPERATION OR USE OF THE SERVICES OR YOUR TRONX THINGS SYSTEM THROUGH YOUR ACCOUNT BY ANYONE ELSE, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM LOSS OF DATA, PROGRAMMING OR THIRD PARTY CONTENT, LOSS OF REVENUE OR PROFITS, OR FOR BUSINESS INTERRUPTION; (B) FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, AND CLAIMS AGAINST YOU BY ANY THIRD PERSON; (C) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY TRONX THINGS TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO ANY CAUSE BEYOND TRONX THINGS’S REASONABLE CONTROL.
Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
- FORWARD-LOOKING STATEMENTS
This website contains express or implied forward-looking statements, which are based on current expectations of management. These statements relate to, among other things, our expectations regarding management’s plans, objectives, and strategies. These statements are neither promises nor guarantees, but are subject to a variety of risks and uncertainties, many of which are beyond our control, and which could cause actual results to differ materially from those contemplated in these forward-looking statements. In particular, the risks and uncertainties include, among other things: changing market conditions, the introduction of new competitive products, challenges related to changing technologies, supply chain disruptions, unanticipated defects or deficiencies in the hardware, software or related services or changes in governmental regulations or requirements. TronX things assumes no obligation to update any forward-looking statements contained on the Website in the event of changing circumstances or otherwise, and such statements are current only as of the date they are made.
TronX things may make improvements and/or changes to this Website at any time. Although we attempt to periodically update information on this website, the information, materials and services provided on or through this Website may occasionally be inaccurate, incomplete or out of date. TronX things will not be liable for any failure to update information. We make no representation as to the completeness, accuracy or currentness of any information on this Website, and we undertake no obligation to update or revise the information contained on this Website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this Website before relying upon it.
This Agreement represents the entire agreement between you and TronX things with respect to your use, and TronX things’s provision, of the Website and the Services, and its terms supersede and replace any prior or contemporaneous written or oral statements by TronX things or its representatives, dealers, or resellers. The official text of this Agreement or notice submitted hereunder shall be in English. In the event of any dispute concerning the construction or meaning of this Agreement, reference shall be made only to this Agreement as written in English and not to any translation into another language, and this Agreement will not be construed against the drafting party. You may not amend this Agreement except in a writing signed by TronX things. You may not assign, sublicense or transfer any of your rights and obligations under this Agreement to a third party without TronX things’s prior written consent. Any attempted assignment, sublicense, or transfer without the prior written consent of TronX things shall be null and void.
Copyright 2019-2021 TronX things Pvt ltd. All rights reserved. All trademarks, logos, trade names and service marks (“Marks”) displayed on the Website or the Services are the property of TronX things or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of TronX things or such respective holders. TronX things reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.
Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use or avail the services available on the Service. Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, you are not eligible to register for, use or avail the services available on the Service.
Content on ‘tronX home’ mobile application:
The material on this Service and devices as in the ‘tronX home’ mobile application(concerned) is protected by Indian and international copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from t.things without a license or other written permission obtained in advance from the owner of such Intellectual Property, including but not limited to text, audio, video, code and software.
You are a restricted user of this Service and the services offered by us.
You agree not to access (or attempt to access) the Service and/or the materials or Services on our platform by any means other than through the interface that is provided by us. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or content, or in any way reproduce or circumvent the navigational structure or presentation of the Service, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Service is hereby expressly prohibited.
Without limiting the foregoing, the following behaviors are strictly prohibited:
Mobile Application Disclaimers and Limitation of Liability:
THE SERVICES AND ANY SOFTWARE, PRODUCTS OR OTHER SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. TRONX THINGS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, SOFTWARE, PRODUCTS OR OTHER SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, SITE AVAILABILITY, SITE PERFORMANCE, COMPLETENESS ARISING FROM OR RELATING TO THE SERVICES, ANY CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCT OR SERVICES PROVIDED BY US. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
IN NO EVENT SHALL WE OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED IN CONNECTION WITH THE SERVICES; ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES; AND YOUR ACCOUNT, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING THE AFOREMENTIONED, THE USER ACKNOWLEDGES THAT THE PRODUCT BEING RELIANT ON SOFTWARE AND COMMUNICATION THROUGH THE INTERNET MAY BE PRONE TO UNAUTHORISED USE AND ACCESS BY THIRD PARTIES, SUCH AS, BUT NOT LIMITED TO HACKING. IN NO EVENT SHALL WE OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR SUCH UNAUTHORISED AND UNINTENDED ACCESS.
YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES.</p>
This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Hyderabad, Telangana, India, in all disputes arising out of or relating to the use of Service/services. Use of the ‘tronX things’ Service/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree to indemnify and hold tronX things private limited, its subsidiaries, affiliates, officers, directors, employees, and representatives harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the tronX things service/services.
The section titles and other headings in these Terms are for convenience only and have no legal or contractual effect. Your acceptance of these Terms, and your use of the Service do not create a joint venture, a partnership, an employment, or an agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed sever-able and does not affect the validity and enforce ability of any remaining provisions.
You agree to abide by the terms and conditions imposed, including payment of all the retail price of the relevant IoT products upon purchase, and comply with all rules and restrictions regarding the services.
You agree to abide by the fact that some of the devices added, controlled and operated through the tronX home application, may be products which are integrated by tronX things from the aspect of a single automation app and hence does not have control on the way the devices are designed, coded, upgraded from time to time by their respective vendors. tronX things, its directors, employees and agents, will not be liable in any form or manner if such a scenario happens. tronX things, its directors, employees, its team and agents shall not be liable for any such third party warranty/service/after-sales support coverage shortfall or rejection, since it would be outside the scope of control of tronX things to impose them upon the 3rd party manufacturer/service provider.