Effective from 15/12/2017
Introduction
IMPORTANT - READ CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE I-AM® DESKTOP APP (THE "APP") AND IT’S SERVICES (THE “SERVICES”)
These Terms of Use (“Terms”) govern the access or use by you, an individual, from within any country in the world of apps, websites, content, products, and services (the “Services”) made available by FORTYTWO42 TECHNOLOGY INNOVATIONS PRIVATE LIMITED, Office No 201, Siddh Icon, 2ND Floor, Baner, Pune - 411045, Maharashtra, India.
Your right to use the app is subject to your agreement to be bound by the terms and conditions of this Agreement. By clicking the "I agree" checkbox and installing and/or using the app, you acknowledge your acceptance of the Agreement. If you do not agree to these terms and conditions, do not click the "I agree" checkbox and do not download or install the app.
The app licensed hereunder constitutes part of the "Services" offered by FORTYTWO42 TECHNOLOGY INNOVATIONS PRIVATE LIMITED ("FT42"). Your installation and use of the app is subject to your compliance with this Agreement.
The Services constitute a technology platform that enables users of FT42’s mobile app, desktop app or websites provided as part of the Services (each, an “app”) to make use of the identity based cryptographic cybersecurity products and services for executing transactions like approval, authentication, electronic signature(in case of mobile app); which are initiated and authorised by you(during Multi-Factor Authentication) or by Third Party Enterprises like your bank, your employer, your government agency, etc or Zero Trust access, secure remote access(in case of desktop app).
It’s your responsibility to keep your desktop and the access to the app secure. We therefore recommend that you keep the operating system of your device up-to-date and also use the latest version of the operating system. Also it is recommended that you use an original antivirus. If not, it could make your device vulnerable to malware/viruses/malicious programs, compromise your device's security features and it could mean that the FT42’s app won’t work properly or at all.
The app is designed to run on Microsoft Windows desktop operating systems available to the retail public at the time the app is released, which includes Windows 10 and versions released after that.
You should be aware that there are certain things that FT42 will not take responsibility for. Certain functions of the app, such as executing transactions, secure remote access, etc; will all require the app to have an active internet connection. The connection can be Wi-Fi or LAN, but FT42 cannot take responsibility for the app not working at full functionality if you don’t have access to the internet.
FT42 may wish to update the app. The app is currently available on Windows and Mac – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to install the updated version if you want to keep using the app. FT42 does not promise that it will always update the app so that it is relevant to you and/or works with the Windows or Mac version that you have installed on your device. However, you promise to always accept updates to the app when offered to you, FT42 may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless FT42 tells you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
License
Subject to and conditioned upon your compliance with this Agreement, FT42 hereby grants you, for the term of this Agreement, a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to (i) access and use the app on your device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by FT42 and FT42’s licensors.
Restrictions
The license granted is expressly made subject to and conditioned upon the following limitations and restrictions: you may not a) send it on to anyone else, b) copy, or modify the app, any part of the app, or our trademarks in any way, c) attempt to extract the source code of the app, d) translate the app into other languages, or make derivative versions, e) remove, alter or otherwise obscure any copyright, trademark or other proprietary within the app, f) assign, rent, lease, sell or otherwise transfer the app, decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (g) link to, mirror or frame any portion of the Services; (h) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (i) attempt to gain unauthorised access to or impair any aspect of the Services or its related systems or networks.
The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, belong to FT42. The app contains valuable trade secrets and is proprietary and confidential to FT42. You do not have the right to, and you will not, provide, disclose, or otherwise make available the app to any person or entity.
Software Updates
FT42 is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. FT42 will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
Provision of the Services
You acknowledge that portions of the Services may be made available under FT42’s various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “I-AM®,” “Crypto IDs,” “File Encryption and Decryption (FED),” “Π-Control Platform,”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of FT42’s subsidiaries and affiliates; or (ii) independent Third Party Providers. (iii) independent Third Party Enterprises.
Ownership
FT42 retains sole and exclusive ownership of the app, including all patent, copyright, trademark, trade secret and other intellectual property rights therein. You acquire no rights in the app, except as expressly provided in this Agreement. Neither these Terms nor your use of the Services convey or grant you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner FT42’s company names, logos, product and service names, trademarks or services marks or those of FT42’s licensors.
Term and Termination
This license granted to you hereunder is effective until terminated by either party for any reason.
Third Party Services / Enterprises and Content
The Services may be made available or accessed in connection with third party services / enterprises and content (including advertising) that FT42 does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services / enterprises and content. FT42 does not endorse such third party services / enterprises and content and in no event shall FT42 be responsible or liable for any products or services of such third party providers / enterprises. Additionally, Apple Inc., Google, Inc., or Microsoft Corporation and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using apps developed for Apple iOS, Google or Microsoft Windows, powered devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to FT42 certain personal information, such as mobile number, email address etc. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services or FT42’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and PIN at all times. Unless otherwise permitted by FT42 in writing, you may only possess one Account.
User Provided Content
FT42 may, in FT42’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to FT42 through the Services textual, and/or visual content and information, including feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to FT42, you grant FT42 a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and FT42’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant FT42 the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor FT42’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by FT42 in its sole discretion, whether or not such material may be protected by law. FT42 may, but shall not be obligated to, review, monitor, or remove User Content, at FT42’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the internet access necessary to use the Services. You shall be responsible for rates and fees of the internet provider. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the app and any updates thereto. FT42 does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FT42 DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FT42 MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FT42 DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
FT42 SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF FT42 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FT42 SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF FT42 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FT42 SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FT42’S REASONABLE CONTROL.
FT42’S SERVICES MAY BE USED BY YOU TO EXECUTE TRANSACTIONS SUCH AS APPROVAL/AUTHENTICATION/ELECTRONIC SIGNATURE WHICH ARE INITIATED AND AUTHORISED BY THIRD PARTY PROVIDERS, BUT YOU AGREE THAT FT42 HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY APPROVAL/AUTHENTICATION/ELECTRONIC SIGNATURE SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Indemnity
You agree to indemnify and hold FT42 and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) FT42’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
Governing Law, Arbitration
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of INDIA, excluding its rules on conflicts of laws. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be mediated as per directive of the High Court, Mumbai as per all the applicable laws of India.
Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to FT42’s designated person. Please visit FT42’s web page for the designated address and additional information.
Notice
FT42 may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your communication address as set forth in your Account. Our address is Office No 205, 206, 207, Siddh Icon, 2ND Floor, Baner, Pune - 411045, Maharashtra, India.
General
You may not assign or transfer these Terms in whole or in part without FT42’s prior written approval. You give your approval to FT42 for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of FT42’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, FT42 or any Third Party Provider as a result of the contract between you and FT42 or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”