Before accepting the Agreement, you are advised to read all contents of the Agreement, and be fully aware of the terms, especially restrictive clauses and exceptions.
You are not allowed to use the service before you have read and accepted all terms of the Agreement and rules etc. Once you select "agree and submit the Agreement" and complete the registration procedure, or you use the service in any form, it will be deemed that you have read and agreed with all the clauses of the Agreement. In case of any breach of the Agreement, Ken Lifestyles Private Limited (KLPL) has the right to unilaterally restrict, suspend or terminate your service with immediate effect, and has the right to investigate your relevant responsibilities.
In case of any change, KLPL will announce such change in the form of a notification/pop-up. Upon announcement, the changed agreement and rules become a part to the Agreement automatically, without further notification to you for your consent. In case of any objection to such relevant changes, you can stop using KLPL's service; if you keep using it, it will deemed as that you hold no objections against the changed rules and agree to abide by them.
1.1 Mobile application refers to KenSmart developed by/licensed to KLPL, and downloaded from the Google plays tore / apple store (platform), and installed and applied in the specified system mobile terminals.
1.2 Services refer to services provided for you by KLPL. You can use such services on your android mobile (Version 5.0 and above)/apple phones (with IOS 9.0 and above) by downloading the Mobile application from the Google play store /apple store.
2.1 KLPL offers you intelligent life equipment management services, based on which you can access the intelligent terminal on KLPL Cloud Platform through the KLPL Control, and realize interlinkage among intelligent equipment. Service contents include intelligent equipment management, scene interlinkage and analysis report, etc. Such functions may be optimized or modified according to changes of users' demands or judgment of service supplier, and service supply may be suspended without any prior intimation due to regular maintenance.
2.2 The Services/mobile application are at present free of cost. However, KLPL reserves its right to adopt any method of monetization permissible by law through this service in future.
KLPL grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile Application for your personal and internal business purposes strictly in accordance with this Agreement.
4. Scope of Service
4.1 KLPL grants you with the right to use the product based on this software.
4.2 You are prohibited to license, sell, lease, transfer, issue the product in any form, or use the product for other commercial purpose. Due to limitations on software adaptation platform and terminals, you can only use the Mobile application in the authorized system platform and mobile, if you install the Mobile application on other terminal equipment, it may damage your hardware or software function.
4.3 You acknowledge that the Mobile application can only be used for non-commercial purpose and installation, application and running of the Mobile application is prohibited. If such commercial operation is necessary, prior written authorization and permission from KLPL shall be obtained.
4.4 KLPL may change, upgrade or transfer the Mobile application or relevant functions from time to time, and may add new functions or services in the Mobile application system. If no separate agreements are accompanied with the aforesaid new functions or services, you are entitled to the corresponding functions and services, which is also subject to the Agreement.
4.5 You shall be responsible for the accuracy, reliability, integrity and legality of input data and legality of the way in which you obtain the data, and shall back up data and information from time to time. You shall bear all risks for damage and loss of such information.
4.6 You shall keep your account number and password confidential at all times. In case of any safety loophole for your account (including but not limited to divulgence of user password), you shall notify KLPL immediately at email@example.com , and KLPL will assist you in taking relevant measures. Otherwise, all behaviours related to your account shall be assumed by you and you will bear all liabilities arising therefrom.
5. Third Party
5.1 You acknowledge that certain service of KLPL is based on software or services provided by a third party. Such service is set to facilitate your application and necessary legal authorization is obtained from the third party.
5.2 The product includes certain information and services of the third party. KLPL neither controls nor bears responsibility for information and services of the third party.
5.3 You acknowledge that KLPL cannot guarantee that the Mobile application always uses or contains such services, or that other software provided by the same third party will be used in future. Likewise, it may use similar services supplied by another third party. Upon application, the aforesaid corresponding software or services are subject to this Agreement.
6. Intellectual Property Rights
6.1 “Intellectual Property Rights" shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of KLPL and/or its licensors and/or other respective owners, whether registered or unregistered and all renewals and extensions.
6.2 All rights, title and interest in the Intellectual Property Rights in the service without any limitation with regard to product, design style, any user instructions, database, tools, titles, names, illustrations, contests, graphics, photographs, artwork, source code etc (Materials) are the property of KLPL or its licensors and are protected without any limitation with regard to the Intellectual property law of India and the world. KLPL retains full and complete title to the Services and all Intellectual Property Rights therein.
7. Service Application Standard
7.1 You shall use the Mobile application in a normal manner. The following is a broad list of what shall be considered as a breach. Any complimentary activity to the list shall also be treated as a breach and the user can be investigated for such breach.
7.1.1 Create or share computer virus, worms, malicious codes, or software that deliberately damages or changes computer system or data;
7.1.2 Collect information or data of other users without authorization, for example, email address and the like;
7.1.3 Maliciously use the product in an automatic way, causing over load to the server, or interfere with or damage web server and network links in other forms.
7.1.4 Attempt to visit server data or communication data of the product without authorization;
7.1.5 Interfere with or damage the production application by other users.
7.2 You understand and agree that:
7.2.1 KLPL will determine whether or not you are involved in violation of standards above, and suspend or terminate your usage license according to determination results or take other legal recourse prevailing under the law.
7.2.2 KLPL will directly delete information in breach of laws, or infringing others' legal rights, or in breach of the Agreement issued by you when using the Mobile application.
7.2.3 If a third party suffers from damage due to your breach of the application standards or any misuse, you shall independently bear legal responsibility in your name, and protect and indemnify KLPL from losses or additional expenses generated therefrom. Otherwise, KLPL has the right to claim compensation for the losses suffered.
7.2.4 If KLPL suffers from any loss due to your breach of relevant laws including any breach of intellectual property rights or the Agreement, you shall indemnify KLPL, its employees, directors, any sub-contractors for losses ,claims and (or) expenses generated therefrom including legal fees and consequential losses.
8. Information Content Standard
8.1 You promise that you will not indulge in any act in breach of laws or improper behaviors by using the service, such act and behaviour include (but not limited to):
8.1.1 Uploading, transferring or sharing information containing one of the following contents:
9. No Warranty.
Your use of the Mobile application is at your sole risk. The Mobile application is provided on an “as is” and “as available” basis. KLPL expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The Mobile application is only available for supported devices and might not work on every device. Determining whether your device is a supported or compatible device for use of the Mobile application is solely your responsibility, and downloading the Mobile Application is done at your own risk. KLPL does not represent or warrant that the Mobile Application and your device are compatible or that the Mobile App will work on your device.
10. Consent to Electronic Communications and Solicitation.
By downloading the Mobile Application, you authorize KLPL to send You (including via email and push notifications) information regarding the Subscription Service and the Mobile App, such as: (a) notices about your use of the Mobile Application, including notices of violations of use; (b) updates to the Mobile App and new features or products; and (c) promotional information and materials regarding KLPL’s products and services. You can review your account notification settings and adjust your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the “Push Notifications” section of the Mobile App settings.
12.1 Unless otherwise specified in laws and regulations, KLPL will do its best to ensure the security, validity, accuracy and reliability of the Mobile application and technologies and information involved, but KLPL is unable to guarantee the same due to restriction by the available technologies nowadays.
12.2 You understand and agree that KLPL will not assume responsibility for direct or indirect losses caused by force majeure and default of a third party.
12.3 You shall be responsible for personnel injury or incidental or indirectly injury caused by or related to one of the following accidents: 1) A third party uses the Mobile application or changes your data without permission; 2) Expenses and losses produced by using the Mobile application; 3) Your misunderstanding of the Mobile application; 4) Other losses related to Mobile application caused by reasons not attributable to KLPL./p>
12.4 Any other Mobile application-derived software not developed and released by KLPL or the development and release are not granted by KLPL is illegal software. Downloading, installing and using such software may cause unpredictable risks. KLPL shall be free from legal responsibilities and disputes generated therein and KLPL shall have the right to suspend or terminate application license and/or other all services.
12.5 You have been informed of that the usage of the mobile application involves the presence of Internet services at all times, which may be affected by unstable factors in all links. Although KLPL has taken sufficient safeguarding measures, the service may be suspended, terminated, delayed, suffered from application restriction or application failure due to inherent defects of Internet and e-communication as well as factors beyond reasonable control of any party to the Agreement (including but not limited to fire, flood, terrorist attack, pestilence, natural disasters, riot, terminal virus, hacker attack, network fault and terminal fault). You hereby agree to bear foregoing risks and agree that KLPL is free from any responsibility when normal running of services are influenced by the occurrence of foregoing risks.
13. Agreement Termination and Breach of Agreement
13.1 You should understand that you shall use the Mobile application according to authorized scope, respect intellectual property of software and contents contained in the software, and perform obligations according to the Agreement while using KLPL's services. KLPL will terminate the application license if you are in material breach of the Agreement.
13.2 Your application of the software relies on supporting services supplied by third Parties. Breach of terms, agreements, rules, annunciation and other relevant regulations of KLPL and third Parties may cause failure in normal usage of Mobile application, in which case, KLPL shall be entitled to terminate the application license, or take measures to restrain your application usage or other rights and interests controlled by KLPL as agreed in the Agreement, including suspension or termination of your application license.
13.3 In case of your breach of the Agreement or other agreements signed with KLPL, KLPL shall have the right to notify the related parties, requiring them to take restrictive measures to your rights and interests, including requiring related parties to suspend or terminate supplying part or whole services for you, and legally announce your breach of agreement.
13.4 The Mobile application is downloaded from a certain downloading platform and you shall abide by stipulations of such platform, system platform and restrictions of the Mobile application. If the above mentioned third party confirms that you are in breach of the agreement and KLPL's treatment is required, KLPL may terminate your application/usage license at the third party's request.
13.5 When the application license terminates, you shall stop using the Mobile application and destroy all copies.
13.6 You must bear all compensation responsibilities if KLPL and other users suffer from losses caused by your breach of terms in the Agreement.
If you have any complaints/ suggestions with respect to the services such correspondences may be directed at firstname.lastname@example.org
15. Governing Laws and Severability
15.1 If any dispute arises between the parties during the subsistence or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement or regarding any question of law or fact otherwise, the interpretation shall be as per the provision of laws of India.
15.2 Dispute arising from or in connection with the Agreement may be settled by you and KLPL through friendly negotiation or the courts at New Delhi, India alone will have the exclusive jurisdiction in respect of the subject matter of this Agreement.
15.3 If any term or provision of this Agreement should be declared invalid or unenforceable, the remaining terms and provision of this Agreement shall remain unimpaired and will remain in full force and effect. In such an event the Parties shall substitute such provision(s) by valid ones, which in their economic effect come so close to the invalid or unenforceable provision(s) that it can be reasonably assumed that the Parties would have contracted this Agreement also with those provision(s). The invalidity or unenforceability of one or several provisions of this Agreement shall not affect the validity of the Agreement as a whole, unless the invalid or unenforceable provisions are of such essential importance for this Agreement that it is to be reasonably assumed that the Parties would not have contracted this Agreement without them.
15.4 The Agreement is signed at Gurgaon, Haryana.