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Terms and Conditions

 

This agreement is between you and IOTTech Smart Products Private Limited (in this agreement, “Skill”, “Us” or “We”) and governs your use of the Skill on Amazon’s Alexa service (“Alexa”) on any Alexa-enabled device (the “Device”). Please read these terms and conditions carefully. By Using this Alexa Skill enabled mobile application (the "App") you are indicating that you have read, acknowledge and agree to be bound by these Terms of Use (the "Terms"). If you do not agree to be bound by the Terms, you may not Use the App. We reserves the right, at its reasonable discretion, to modify these Terms at any time, without notice to you. Your continued use of the App after any such modifications constitutes your acceptance of the new Terms and agreement to abide by them. It does not replace any other benefit contract or agreement you may have with Us or which applies to you. You should review these Terms regularly to stay informed of any changes that may affect you. This agreement applies in addition to any other policy contract or agreement that you may have with Us or which applies to you.
If you downloaded the App from the Apple® App Store: These Terms incorporate by reference Apple's Licensed Application End User Agreement (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/), for purposes of which you are the "end user".
If you downloaded the App from the Google Play® Store: These Terms incorporate by reference Google's Android® Market Terms of Service (https://www.google.com/intl/en_gb/ mobile/android/market-tos.html).


 

This App is developed and maintained by IOTtech Smart Products Private Limited and its respective divisions, subsidiaries and affiliates ("IOTtech"). Use of this App is governed by the our Privacy Policies (the "Privacy Policy") (a copy of which are available, at http://www.iottechsmart.com) and these Terms of Use (collectively, these "Terms"). These Terms apply to: (a) any person who Uses (as defined below) mobile App and device (referred to as "you", "your", and "user"); and (b) to the maximum extent possible under applicable law, any information, content, metadata, data, and material, including any voice recordings, submitted by you or arising from or related to your Use (as defined below) of the App ("Usage Data").


 

By downloading, accessing, viewing, installing, running or using (collectively, "Using" or "Use") the App, you represent and warrant that you have read and understand these Terms. You also represent and warrant that you are age 18 or over and either (a) you are using the App yourself, or (b) you are using this App with a child under 18 in order to help the child learn, and you have the full power, capacity, and authority to accept these Terms and authorize the child's use of the App. You further accept and agree to comply with the terms of use of any third-party software or application licensor accessible through this App.
You may not Use the App if you (or your parent or teacher, if you are under age 18) do not agree to be bound by these Terms or if you are otherwise prohibited from Using the App under any applicable laws, statutes, ordinances, or regulations.
You must have access to the internet, certain necessary software, and, if applicable, compatible mobile devices in order to Use the App. Fees and charges may apply to your use of the internet and, if applicable, the mobile services. You agree that you are solely responsible for any such fees.


 

The Skill allows you to use your Alexa-enabled device to communicate with the application, by voice. To use the Skill, you will need to speak commands and questions aloud to your Alexa-enabled device, and you will receive responses from Us using your Alexa-enabled device. Alexa does not use voice-recognition technology.
It is possible that someone other than you may interact with application via the Skill. Someone other than you may overhear the information that you provide to Alexa. It is also possible that Alexa (and the equipment) and/or Amazon will record your interactions with the Skill or with Alexa. Please review your agreements with Amazon to learn how Amazon uses the information that you provide to Alexa.


 

You acknowledge and agree that IOTtech will collect and use the Usage Data as needed to provide the App to you and for other purposes as described in these Terms.
If you register to use the App, you may provide Personal Information (as defined in the Privacy Policy) to IOTtech (or to IOTtech's third-party service providers). IOTtech will handle all Personal Information obtained during registration in accordance with the Privacy Policy.
IOTtech does not require Users to provide any Personal Information when they use the App. When you use the App, IOTtech collects Usage Data that does not contain any individual identifiers, including information about your engagement with the App, voice recordings of passages read, and survey data (collectively, "Research Data.") IOTtech will not (and will not permit any third party to) associate your identifiers or other Personal Information with the Research Data. IOTtech may modify Usage Data to remove any Personal Information or other information that may be used to identify you or any other individual in order to create additional Research Data.
You authorize IOTtech to use the Research Data for any lawful purpose, and you disclaim all rights or interests in the Research Data by or through these Terms. You acknowledge that IOTtech may use, modify, incorporate or otherwise exploit your Research Data in any media whatsoever, now known or later invented, throughout the world for the purposes of conducting research or analyses, including designing, developing, implementing, modifying and/or improving new, current, or future features, products, and services of IOTtech. You hereby disclaim any right to any compensation from IOTtech in connection with IOTtech's exercise of its rights in and to the Research Data.


 

IOTtech may request that you submit additional information that may include whether you are a student, and your proficiency in English. You understand and agree that providing such information is entirely voluntary and is not required or necessary for your Use of the App. If you elect to provide such information, you acknowledge and agree such information shall be considered Usage Data and IOTtech will own and may use such information in accordance with these Terms.


 

Depending on your device’s security settings, it may be possible for you to allow other users access to the Skill. By allowing other users to use the Skill, you assume all liability and responsibility for how the Skill and any information obtained from the Skill is accessed and used. We will not be liable for any unintended use of the Skill by users you have authorized to have access to Alexa and to the Skill.


 

To use the Skill, you must have an Alexa-enabled device, an internet connection, and an Amazon account. If you any of these requirements do not apply to you, do not use the Skill.


 

By installing and using the Skill, you agree that Amazon may use your information to complete your request through Alexa, and you authorize the application to share with Amazon the information it requires to complete your request. When you use the Skill, the information that you communicate to Alexa is shared with Amazon, and is then sent to the application. the application then sends the information which you have requested to Amazon, which is then communicated back to you with you through Alexa. Both Amazon and we use the internet to communicate with one another. If you do not agree that Amazon may receive and use your information, do not use the Skill. Our use of your information is governed by the Privacy Policy.


 

Alexa and your Alexa-enabled device were not designed or manufactured by Us. Alexa uses software that was not designed by Us and over which we have no control. It is possible that Alexa may not hear you properly, may misinterpret what you say, or may say something to you that is different than the information that We provided to Alexa in response to your question. By accepting this Agreement, you understand and agree that we are not responsible for any inaccuracies or discrepancies in the information that you receive from Alexa or by using the Skill. If you have any concerns about the accuracy or completeness of any information you receive from Alexa, you can still access your benefits information through our contact details provided at the end of this document. In the case of any the information on our internal systems will prevail over any information provided through Alexa.


 

Subject to these Terms, IOTtech grants to you a worldwide, nonexclusive, non-transferable, non-sublicensable license to Use the App, including any all patches, updates, or upgrades or improvements provided by IOTtech from time to time, solely for your (and your students' or child's) personal and noncommercial use.


 

You may not modify the App in any way or remove any copyright, trademark and other proprietary notices therefrom.You may not otherwise copy, store (either in hard copy or in electronic format), transmit, transfer, perform, broadcast, publish, reproduce, create a derivative work from, display, distribute, sell, offer for sale, license, rent, lease, or otherwise exploit the App in any manner inconsistent with the rights of IOTtech, including, but not limited to, the Use of the App for any purpose, without the express written permission of IOTtech. You may not Use this App in violation of any applicable terms of use related to third-party software or applications accessible through this App.


 

Any Usage Data, the App and any content included in the App or results produced by Use of the App, including, but not limited to, voice recordings, text, names, data, graphics, logos, icons, images, code, methods, techniques, models and software, and all copies, modifications, enhancements and derivative works thereof, are the sole and exclusive property of IOTtech or its licensors/providers and are protected by the patent, copyright, trademark and trade secret laws of the India.


 

IOTtech may terminate these Terms and/or terminate, change, suspend or discontinue any aspect of the App, including the availability of any features or functionalities of the App at any time, for any reason, without liability or notice to you.
You may terminate your Use of the App by uninstalling the App. Relevant Sections will survive termination of these Terms.


 

Warranty to the device and related components is available as per the terms & conditions of sale made available along with the device. The app and its content, features and functionality are provided to you on an "as is," "as available" basis. IOTtech, its licensors/providers and their respective affiliates, subsidiaries, officers, directors, employees and agents make no representations or warranties with respect to the app, its content, features and functionality and assume no responsibility for the consequences of any errors or omissions in connection with your use of the app.
IOTtech, to the fullest extent permitted by applicable law, hereby disclaims all warranties of any kind, express or implied, including, but not limited to, representations and warranties regarding accuracy, timeliness, completeness, noninfringement, merchantability or fitness for any particular purpose or any implied warranty arising from course of performance, course of dealing, or usage of trade.
Without limitation to the foregoing, IOTtech does not warrant that the operation of the app will be error free or uninterrupted or be provided or available without interruption, or that defects or errors can or will be corrected or the appropriateness of the app for any particular system or accuracy of the app's content or results or that the use of the app will not cause damage to your mobile phone and/or computer (as applicable), interfere with the use of your mobile phone and/or computer (as applicable), or cause loss of usage data or other data from your mobile phone and/or computer (as applicable).
In no event shall IOTtech be liable to you for any claim, including, but not limited to, any indirect, consequential, incidental or special damages or loss of any kind including loss of profits, loss of contracts, business interruptions, or loss of or corruption of data, however caused and whether arising under contract or tort or otherwise, including negligence, and any loss or damage related to any third-party software, that arises out of or relates to your use of this app, its content, features and functionality.
You assume all risk for your use of the skill. All information is provided “as is”, without any representation as to fitness for any particular purpose and without warranty of any kind, express or implied. The information provided by the skill is for information purposes only, and does not constitute advice of any kind.


 

The App is provided solely for lawful purposes and use. You are solely responsible for, and agree to comply with, all applicable laws, statutes, ordinances, regulations and other governmental authority, however designated, with respect to the Use of the App, including without limitation United States government laws, regulations, orders or other restrictions regarding export from the United States of software, technical data and information or derivatives of such software, or technical data and information.


 

You agree that any claim, action or proceeding arising out of these Terms, or your Use of the App, shall be governed by and construed in accordance with the laws of the India and the State of Delhi, without regard to principles of conflict of laws. Any claim, action or proceeding related to these Terms will be resolved exclusively in the court of state Delhi and you consent to the jurisdiction of this court.


 

We may change or discontinue the Skill or any part of it, at any time, with no notice to you and at our sole discretion. If we update these Terms and Conditions, the updated Terms and Conditions will be available in the description of the skill in your Alexa App and your continued use of the Skill will be understood by us as your acceptance of the change.


 

Unless otherwise specified, all information and descriptions provided via the Skill are the copyrighted property of IOTtech Smart Products Private Limited and are protected by intellectual property laws. You may only use the information and descriptions contained in the Skill, without alteration, for personal, non-commercial purposes. All other uses are prohibited.