Terms of Service

By using the product and service ("Product & Service") provided at Swayatt Drishtigochar (with its affiliates, "Swayatt Drishtigochar," "us" or "we"); you agree to be bound by the following terms and conditions ("Terms of Service"). These Terms of Service, together with any applicable order form, constitute the entire and exclusive understanding and agreement between Swayatt Drishtigochar and you regarding the Product and Service, and these Terms of Service supersede and replace any prior oral or written understandings or agreements between Swayatt Drishtigochar and you regarding the Services, however, if an order form differs from these Terms of Service then the order form supersedes these Terms of Service.

SUPPOSE YOU ARE ENTERING INTO THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY. IN THAT CASE, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOU'RE" WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST NOT ACCEPT THESE TERMS AD CONDITIONS AND MAY NOT USE THE SERVICES.

Modification

We may modify the Terms and Conditions at any time, in our sole discretion. If we do so, we'll let you know by posting the modified Terms and Conditions on the Site or through other communications. You must review the Terms and conditions whenever we change them. If you continue to use the product or Service after we have posted modified Terms and conditions on the Site, you are indicating that you agree to be bound by the modified Terms and conditions. If you disagree to be bound by the modified Terms and Conditions, you may no longer use the product or Service. Because our development and Services are evolving, we may change or discontinue all or any part of the product or Service, at any time and without notice, at our sole discretion.

If you violate any of the terms and conditions, we can terminate your Account at our sole discretion. You agree to use the Product or Service at your own risk.

Account Terms

You must be 13 years or older to use this Product Service.

• Only human beings may use the Product or Services, which you can only use only if you create an account ("Account"). We don't allow bots or other automation tools to register Accounts; registering an Account this way is prohibited.
• You must provide the information we need to complete your registration for an Account, including your name, a valid email address, and any other information we ask for during the registration process.
• You're advised not to share the Login Username and Password with others.
• You are responsible for maintaining the security of your Account and password. Swayatt Drishtigochar cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You cannot use the Product and Services for illegal or unauthorized purposes. When using the Product and Services, you agree not to violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

API Terms

We allow users to access their Account data via an API (Application Program Interface). Any use of the API, including the use of the API through a third-party product that accesses the Swayatt Drishtigochar website, is bound by these Terms and conditions, including the following terms that are specific to the use of the API:

• You expressly understand and agree that Swayatt Drishtigochar will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Swayatt Drishtigochar has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
• Persistent requests to the Swayatt Drishtigochar website via the API or other forms of abuse of the API may result in the temporary or permanent suspension of your Account's access to the API. Swayatt Drishtigochar, in its sole discretion, will determine abuse or excessive API usage. Swayatt Drishtogochar will make a reasonable attempt via email to warn the Account owner before the suspension.
• Swayatt Drishtigochar reserves the right to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Payment, Refunds, Upgrading, and Downgrading Terms

For monthly payment plans, we will bill you in advance every month. Payment is non-refundable. We don't issue refunds or credits for partial months of service, refunds for upgrading or downgrading your paid plan, or refunds for unused months with an open Account. Suppose you have a paid plan for a specific number of users, and your number increases between billing periods such that your devices exceed the number your schedule allows. In that case, we will charge you in arrears at the end of that period for any users that exceed the number permitted by your plan during that prior billing period. Note that this arrears billing is in addition to the billing in advance for your monthly plan. When changing from a monthly billing cycle to a yearly one, Swayatt Drishtigochar will bill for an entire year at the next monthly billing date.

All fees do not include any taxes, levies, or duties imposed by taxing authorities (federal, state, or county), and you will be responsible for payment of all such taxes, levies, or duties, excluding United States and India taxes.

Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Swayatt Drishtigochar does not accept any liability for such loss.

Cancellation and Termination

• Swayatt Drishtigochar, in its sole discretion, has the right to suspend or terminate your Account and refuse any current or future use of the Product and Service or any other Swayatt Drishtigochar service for any reason. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account and the forfeiture and relinquishment of all User Content in your Account.
• If your Account is in good standing, Swayatt Drishtigochar may, in its sole discretion and without obligation, repay the unused portion of any prepaid fees for the Product or Service.
• Suppose Swayatt Drishtigochar suspends or terminates your Account. In that case, we will make a reasonable effort to provide you with a copy of the Account contents upon request unless the Account was suspended or terminated due to unlawful conduct.

Modifications to the Products or Services and Prices

• Swayatt Drishtigochar reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
• Prices of all features of the Product or Service, including but not limited to subscription plan fees to the Product or Service, are subject to change upon 30 days' notice from us. Such information may be provided anytime by posting the changes to our Site or the Service.
• Swayatt Drishtigochar will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Copyright and Content Ownership

• For purposes of these Terms and conditions: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service. Subject to your compliance with these Terms and conditions, Swayatt Drishtigochar, grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display, and print the Content solely in connection with your permitted use of the Product and Service.
• We claim no intellectual property rights over the Content our users provide to the product and Service ("User Content"). Your profile and User Content uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your User Content. You agree to allow others to view and fork your User Content by setting your repositories to be viewed publicly.
• Swayatt Drishtigochar does not pre-screen User Content, but Swayatt Drishtigochar and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available via the Service. While Swayatt Drishtigochar prohibits certain conduct and User Content on the Product and Service, you agree that Swayatt Drishtigochar cannot be responsible for the User Content posted on the Service. You may be exposed to such materials.
• You will defend Swayatt Drishtigochar against any claim, demand, suit, or proceeding made or brought against Swayatt Drishtigochar by a third party alleging that your User Content, or your use of the Product or Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and will indemnify Swayatt Drishtigochar for any damages finally awarded against, and for reasonable attorney's fees incurred by, Swayatt Drishtigochar in connection with any such claim, demand, suit or proceeding; provided, that Swayatt Drishtigochar (a) promptly gives you written notice of the claim, demand, suit or proceeding; (b) gives you sole control of the defence and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Swayatt Drishtigochar of all liability); and (c) provides to you all reasonable assistance, at your expense.

Warranty

The one Year Warranty ("Warranty") covers only Swayatt Drishtigochar hardware, meaning a Swayatt Drishtigochar sensor, Swayatt Drishtigochar gateway, or any Swayatt Drishtigochar hardware accessories for a Swayatt Drishtigochar sensor or gateway (each the "Device"), purchased from Swayatt Drishtigochar.

This Warranty for the Device is provided by the entity set forth below. The provider of this Warranty is sometimes referred to herein as "we."

Subject to your compliance with the Terms of Service and Privacy Policy or other or other agreement with Swayatt Drishtigochar governing your use of the Swayatt Drishtigochar Service Offerings, including, but not limited to your full compliance with any Maintenance requirements, we warrant the Device against defects in materials and workmanship under regular use for one year from the date of original retail purchase. During this warranty period, if a defect arises in the Device, and you follow the instructions for returning the Device, we will at our option, to the extent permitted by law, either (i) repair the Device using either new or refurbished parts, (ii) within 30 days of return, replace the Device with new or refurbished Device that is equivalent to the Device to be replaced, or (iii) refund to you all or part of the purchase price of the Device. This Warranty applies, to the extent permitted by law, to any repair, replacement part, or replacement Device for the remainder of the original warranty period or ninety days, whichever period is longer. All replaced parts and Devices for which a refund is given shall become our property. This Warranty applies only to hardware components of the Device that are not subject to accident, misuse, neglect, fire, water, or other external causes, alterations, modifications, or repair.

TO THE EXTENT PERMITTED BY LAW, THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND INSTEAD OF ALL OTHER WARRANTIES AND REMEDIES, AND WE SPECIFICALLY DISCLAIM ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST HIDDEN OR LATENT DEFECTS. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG A STATUTORY OR IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY. IN SOME JURISDICTIONS, THE PRECEDING LIMITATION DOES NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSSLY NEGLIGENT ACTS AND OMISSIONS, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

This Warranty gives you specific rights. You may have additional rights under applicable law, and this Warranty does not affect such rights.

General Conditions

• Your use of the Product and Services is at your sole risk. The Product and Service are provided on an "as is" and "as available" basis.
• Support for the Product and Services is only available in English via email and chat interface via the Site.
• You understand that Swayatt Drishtigochar uses third-party vendors and hosting partners to provide hardware, software, networking, storage, and related technology required to run the product and Service.
• You should not modify, adapt or hack the Service or modify another website to falsely imply that it is associated with the Services, Swayatt Drishtigochar, or any other Swayatt Drishtigochar service.
• You should use the product or Services solely as permitted and intended to host your organization, personal, or project pages for no other purpose.
• It would be best not to use Swayatt Drishtigochar in violation of Swayatt Drishtigochar's trademark or other rights or in violation of applicable law.
• You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Product or Services, use the Product or Services, or access the Services without the express written permission of Swayatt Drishtigochar.
• Open source software licenses for components of the Services released under an open source license constitute separate written agreements. To the limited extent that the open-source software licenses expressly supersede these Terms of Service, the open-source licenses govern your agreement with Swayatt drishtigochar for using the components of the Services released under an open-source license.
• We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
• Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Swayatt Drishtigochar customer, employee, member, or officer will result in immediate Service termination.
• You understand that the technical processing and transmission of the Product and Services, including your User Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• You must not upload, post, host, or transmit unsolicited emails, SMSs, or "spam" messages.
• You must not transmit any worms or viruses or any code of a destructive nature.

Your Account may have usage limits, as further explained on the Swayatt Drishtigochar website or other documentation provided by Swayatt Drishtigochar. Swayatt Drishtigochar reserves the right to enforce usage limits at our sole discretion. You must either decrease your usage immediately or move to a paid subscription plan that accommodates your usage. Swayatt Drishtigochar will charge you in arrears for your use that exceeds your plan's permitted amount.

Swayatt Drishtigochar does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SWAYATT DRISHTIGOCHAR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SWAYATT DRISHTIGOCHAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.

The failure of Swayatt Drishtigochar to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Swayatt Drishtigochar and govern your use of the Services, superseding any prior agreements between you and Swayatt Drishtigochar (including, but not limited to, any previous versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under the laws of India.

Questions about the Terms of Service should be sent to our mail.