EULA

IMPORTANT READ CAREFULLY
1. This End User License Agreement ("EULA") is a legal agreement between you (“you” and/or “your”) and Jio Things Limited and/or its affiliates (“Company”, “we” or “us”), having office at 101, Saffron, Nr. Centre Point Panchwati 5 Rasta, Ambawadi, Ahmedabad – 380 006 (“Jio Things”) for the use of the wireless device (“Device”) to track, record and monitor various health parameters of cattle, including: (i) the software forming part of (whether pre-embedded or otherwise) and/or utilised for the purposes of usage of the Device (“Software”)
2. The Device is used to track, record and monitor various health parameter that may be accessed and recorded using the mobile app called ‘GauSamriddhi app’ and web portal called GauSamriddhi (“Platform”) developed by Jio Things Ltd.
3. This Device requires the use of preloaded Software in its normal operation. BY USING THE DEVICE, YOU ACCEPT THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THE EULA, DO NOT USE THE DEVICE.

SCOPE
1. By signing up for the Device, or otherwise having access to and/or using the Device, you acknowledge that you have read, understood and hereby consent to be governed and bound by this EULA.
2. This EULA is an electronic record in terms of the Information Technology Act, 2000 (as amended / re-enacted) (“IT Act") and rules there under, and is published in accordance with the provisions of Rule 3 (1) of Information Technology (Intermediaries Guidelines and Digital Media Ethics code) Rules, 2021, which mandates for publishing of rules and regulations, privacy policy and terms of use for access or usage of the Device. This electronic record is generated by a computer system and does not require any physical or digital signatures.

PRIVACY AND TERMS OF USE
1. Please refer to the privacy policy of the Device available at [Privacy Policy] and terms of use of the Platform available at [Terms of use]
2. Please note that your use/view of data as available through Device may be subject to the privacy policy and terms of use as published and may be amended from time to time.

Modifications
1. Modifications of the Terms: Jio Things Ltd reserves the right to change the EULA under which the Services are offered, including but not limited to the charges, if any, associated with the use of the Services. The EULA may be further modified based on changes in the business, legal and regulatory requirements and will be updated online. We will notify you whenever any change to the EULA are made You are encouraged to periodically visit this page to review these EULA and any changes to it.
2. Modification of Services: Jio Things Ltd reserves the right to add, modify or delete any features available in the Device at any time at its sole discretion.

GRANT OF LICENSE
1. Subject to your compliance with this EULA, Jio Things Ltd grants you the following rights to: (i) install, use, access the Device and the Software; (ii) view the data available on the Platform.
2. Jio Things Ltd hereby grants you a non-exclusive, revocable, limited license to use the Device and Software on the terms and conditions as set forth in the Agreement. Any unauthorised use terminates the permission or license granted by us in terms of the Agreement.

RESERVATION OF RIGHTS AND OWNERSHIP
1. Jio Things Ltd reserves all rights not expressly granted to you in this EULA. The Device is protected by copyright and other intellectual property laws. Jio Things Ltd or its suppliers own the title, copyright and other intellectual property rights in the Device including the Software. The Device is licensed, not sold.

LIMITATIONS ON END USER RIGHTS
1. You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the Device (except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation), or modify, or disable any features of the Device, or create derivative works based on the Device. You may not rent, lease, lend, sublicense or provide commercial hosting services with the Device.
2. By using the Device you hereby agree to ensure that the explicit prohibitions mentioned in section 7.3 are at all times adhered to.
3. You shall not use the Device to host, display, upload, modify, publish, transmit, update or share any information which:
  1. Belongs to another person and to which you do not have any right to;
  2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act 1986;
  3. Is misleading in any way;
  4. Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  5. Harassing or advocates harassment of another person;
  6. Involves the transmission of “junk mail”, “chained letters”, or unsolicited mass mailing or “spamming”;
  7. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  8. Infringes upon or violates any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy or rights of publicity);
  9. Promotes an illegal or unauthorized copy of another person’s copyrighted work;
  10. Provides instructional information about illegal activities such as making and/ or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  11. Solicits gambling or engages in any gambling activity which we in our sole discretion believe is or could be construed to be as illegal;
  12. Harms minors in any way;
  13. Violates any law for the time being in force;
  14. Impersonates another person;
  15. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptiously intercept or expropriate any system, data or personal information;
  16. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

SOFTWARE UPDATES
1. Jio Things Ltd may provide to you or make available to you updates, upgrades, supplements and add-on components (if any) of the Software, including bug fixes, service upgrades, and updates and enhancements to any software previously installed (including entirely new versions), (collectively "Update") to improve the Software and ultimately enhance your user experience with your Device.
2. The Update in Software may add new functions and, in some limited cases, may delete existing functions.
3. Your Device downloads some updates automatically from time to time, where such updates are deemed necessary for improved performance or for feature enhancements or for critical fixes or for critical security fixes. Downloading via cellular network may result in additional charges. You can check the availability of new Updates by clicking on the "Software Update" menu in the Settings.

TRANSFER
1. You shall not transfer this EULA or the rights granted herein to any third party without the prior written consent of Jio Things Ltd.

TERMINATION
1. This EULA is effective until terminated. Your rights under this License will terminate automatically without notice from Jio Things Ltd, if you fail to comply with any of the terms and conditions of this EULA. Upon termination of this EULA, you must cease all use of the Device including the Software.
2. The Company reserves the right to suspend and/ or terminate your access to the Services in case of any non-adherence to the EULA by you.

DISCLAIMER
1. You are supposed to use the Device and features that are made available to you pursuant to Device manual. Jio Things Ltd shall not be responsible for any changes in services or performance of the Device caused by activation of any unauthorized features.

LIABILITY
1. Jio Things Ltd shall not be liable under any circumstances for any loss of earning, loss of reputation, loss of revenue, death or any kind of illness of cattle, loss of profit or any indirect, incidental, special, consequential, or punitive damages to you arising out of or relating to use of the Device.
2. You shall be solely responsible for obtaining and maintaining the Device and ancillary services (including the payment of any additional fees therefore) required to connect to, access or otherwise use the Device, including, without limitation, hardware, servers, any additional software, operating systems, networking and internet (collectively, “Equipment”). You will also be responsible for maintaining the security of the Equipment and for all uses of the Equipment with or without your knowledge or consent.
3. Jio Things Ltd and/or its respective affiliates makes no representations about the suitability, reliability, availability, timeliness and accuracy of the information, the Device and related data contained on the Platform for any purpose.

APPLICABLE LAW
1. This EULA is governed by the laws of Republic of India.

DISPUTE RESOLUTION
1. Any claim or dispute shall be referred to an arbitration tribunal comprising of two arbitrators, one each appointed by both the parties and the arbitrators thus appointed shall appoint a third arbitrator who shall be the presiding arbitrator in accordance with the Indian Arbitration and Conciliation Act, 1996 and Rules thereof. The venue of arbitration shall be at Mumbai. The arbitral award shall be final and binding upon both Parties. The language of the arbitration shall be English.

ENTIRE AGREEMENT AND SEVERABILITY
1. Any claim or dispute shall be referred to an arbitration tribunal comprising of two arbitrators, one each appointed by both the parties and the arbitrators thus appointed shall appoint a third arbitrator who shall be the presiding arbitrator in accordance with the Indian Arbitration and Conciliation Act, 1996 and Rules thereof. The venue of arbitration shall be at Mumbai. The arbitral award shall be final and binding upon both Parties. The language of the arbitration shall be English.

WAIVER
1. All disputes shall be governed under the laws of India and are subject to the jurisdiction of the Courts of Mumbai only.

FORCE MAJEURE
1. Jio Things Ltd shall be under no liability whatsoever in the event of non-availability of any portion of the Services occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure or any other cause whatsoever beyond the control of Jio Things Ltd.
GRIEVANCES
1. If you have any grievance with respect to the Device, including any discrepancies and grievances with respect to processing of information, you can contact our representative at: