THE TERMS OF USE

@sternetIndustries
2020 January 30

THE TERMS OF USE

Last updated : 2020 January 30

Welcome to HUELITE! Sternet Industries India, Pvt. Ltd. dba HUELITE, and its affiliates and subsidiaries (" HUELITE", " we", " us", or " our") owns, operates and provides the (i) the websites owned and operated by HUELITE, including the domains (the " HUELITE Website"), (ii) the HUELITE proprietary iOS and Android mobile software applications (the " HUELITE App"), (iii) the HUELITE proprietary Wi-Fi enabled smart light products (the " HUELITE Products"), including any HUELITE Technology therein; and (iv) any other products and services offered by HUELITE. Your use of the Services, or any part thereof, are governed by these Terms of Use (the " Terms"). The HUELITE Website, HUELITE App, HUELITE Products, and HUELITE Technology are collectively referred to as the " HUELITE Service").

1. ACCEPTANCE OF TERMS & CHANGES TO THESE TERMS

1.1 Acceptance

These Terms sets forth the legally binding terms and conditions for your use of the Services. By using or accessing the Services in any manner, including, but not limited to, visiting or browsing the HUELITE Website, purchasing the HUELITE Products, or downloading or installing the HUELITE App, you: (i) acknowledge that you have read, understand, and agree to be bound by these Terms, including HUELITE's Privacy Policy (the " Privacy Policy"); and (ii) agree that you are entering into these Terms (including all of the terms and conditions specified or referenced below, including the Privacy Policy) with Sternet Industries India, Pvt. Ltd. dba HUELITE. In addition, when using particular services or materials through or in connection with the Services, you shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions or other operating rules, policies and procedures in addition to those in the terms ("Additional Terms"). All such Additional Terms are hereby incorporated by reference into these Terms. ** These Terms, together with the Privacy Policy, any Additional Terms and any other policies or terms and condition referenced herein, shall be collectively referred to as the " Agreement**".

1.2 Modifications of these Terms

These Terms will remain in full effect for the time that you continue to use or access the Services or any part thereof or until terminated in accordance with the provisions of these Terms. HUELITE reserves the right to change and amend these Terms from time to time at its discretion. Any such changes to the Terms will take effect from the time the amended Terms are posted to the HUELITE Website or notified to you through the email provided by you to us. You should regularly review these Terms of Use. HUELITE reserves the right to make changes to, suspend or terminate HUELITE Accounts at its discretion without prior notice.

2. ACCESS TO THE HUELITE SERVICE; HUELITE ACCOUNTS; RESTRICTIONS ON USE

2.1 Access to the HUELITE Services

HUELITE hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited right to: (i) access and use the HUELITE Website, solely for your non-commercial purposes; and (ii) (1) install, execute and use the HUELITE App, in object code only, and (2) execute and use any software and/or firmware included or embedded (as applicable) in the HUELITE Product (" HUELITE Technology") solely to the extent included or embedded (as applicable) in conjunction with the HUELITE Product purchased by you, in each case, solely for accessing, monitoring and controlling the HUELITE Products installed at your own property from your own mobile or other computer devices, and in accordance with these Terms and any usage limitations provided by HUELITE. You are solely responsible for restricting access to such computer devices that can monitor and control the HUELITE Products installed on your property. You acknowledge and agree that in order to use the HUELITE App, you must have a compatible mobile device. You are solely responsible for determining whether or not a mobile device is or is not compatible with the HUELITE App and HUELITE makes no representations or warranties whatsoever regarding the HUELITE App and compatibility with any mobile device.

2.2 HUELITE Accounts

In order to access and use certain features of the Services you must create and register a user account (" HUELITE Account"). In registering a HUELITE Account for the Services, you agree to provide and maintain up to date information that is true, accurate, current, up to date, and complete. You agree that you will not (i) create a HUELITE Account using a false identity or information, (ii) create a HUELITE Account or use the Services if you have been previously removed or banned by us from use of the Services, or any part thereof. You understand and agree that you are solely responsible for maintaining the confidentiality of and protecting your password to your HUELITE Account. You are solely responsible for any activity originating from your HUELITE Account, regardless of whether such activity is authorized by you. You agree to notify us immediately of any unauthorized use of your HUELITE Account. HUELITE reserves the right to limit the number of HUELITE Accounts that can be created from a computer device and the number of computer devices that can access an individual HUELITE Account.

2.3 Restrictions

The HUELITE Service and HUELITE Technology embodies, contains, and constitutes valuable trade secrets of HUELITE. Accordingly, you agree that you will not, and it will not permit any third party to: (i) modify, adapt, translate or create derivative works based on the HUELITE Service, HUELITE Technology, or any related documentation; or (ii) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the HUELITE App, HUELITE Technology or HUELITE Products, except as expressly permitted by applicable law; or (iii) distribute, license, sublicense, assign, transfer or otherwise make available to any third party the HUELITE Service, HUELITE Technology, or any related documentation. HUELITE reserves all rights and licenses not expressly granted to you and no implied licenses or rights are granted by HUELITE. You agree not to remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of HUELITE or its suppliers on or within the HUELITE Website, HUELITE App, HUELITE Products or related documentation.

2.4 Additional Huelite App Terms & Conditions

2.4.1. HUELITE iOS Apps.

The following additional terms and conditions apply with respect to any HUELITE App provided or made available to you by HUELITE, designed for use on an Apple iOS-powered mobile device (an "iOS App"): you acknowledge that these Terms are between you and HUELITE only, and not with Apple, Inc. (" Apple"). Your use of the iOS App must comply with Apple's then-current App Store Terms of Service. HUELITE, and not Apple, are solely responsible for the iOS App and related content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App. You agree that HUELITE, and not Apple, is responsible for addressing any claims by you relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to HUELITE as provider of the iOS App. You agree that HUELITE, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defence, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App. You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., you must not be in violation of its wireless data service terms of agreement when using the iOS App). The parties agree that Apple and Apple's subsidiaries are third-party beneficiaries to these Terms as it relates to the license granted herein to you to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to the license granted herein to you to use the iOS App as a third-party beneficiary thereof.

2.4.2. HUELITE Android Apps.

The following additional terms and conditions apply with respect to any HUELITE App provided or made available to you by HUELITE, designed for use on an Android-powered mobile device (an " Android App"): you acknowledge that these Terms are between you and HUELITE only, and not with Google, Inc. (" Google"). Your use of the Android App must comply with Google's then-current Android Market Terms of Service. Google is only a provider of the Android Market where you have obtained the Android App. HUELITE, and not Google, is solely responsible for the Android App and the related content available thereon. Google has no obligation or liability to you with respect to the Android App or these Terms. You acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to the Android App.

3. USER DATA AND PRIVACY

You understand and agree that HUELITE may collect data and information, which may include personally identifiable information ("User Data") in connection with your use of the Services. Any personally identifiable information provided or collected through or in connection with the Services shall only be used in accordance with these Terms and the Privacy Policy. By using the Services and providing User Data you grant to HUELITE a non-exclusive, royalty-free, fully-paid, worldwide license, under all of your intellectual property and proprietary rights, to any and all User Data reasonably necessary for HUELITE to provide you the Services hereunder. You represent and warrant that you have all the rights necessary to grant the HUELITE the licenses granted herein in and to you User Data. Notwithstanding the foregoing, you acknowledge and agree that HUELITE may use and exploit any aggregated non-personally identifiable data or information collected or obtained from your use of the Services for any purpose.

4. EXCLUSIONS

Notwithstanding anything in these Terms to the contrary, HUELITE will have no responsibility or liability of any kind under these Terms or otherwise, arising or resulting from: (i) problems caused by failed Internet connections or other hardware, software or equipment which is not owned, controlled or operated by HUELITE; (ii) nonconformities resulting from your, or any third party's misuse, abuse, negligence, or improper or unauthorized use of all or any part of the Services, or other services provided hereunder by HUELITE; (iii) modification, amendment, revision, or change to the HUELITE Services, or any part thereof, by any person other than HUELITE; or (iv) any other factor outside of HUELITE's reasonable control.

5. OWNERSHIP & FEEDBACK

5.1 Ownership

HUELITE and/or its licensors and suppliers, as applicable, retain all right, title, and interest in and to the HUELITE Website, HUELITE App, HUELITE Technology, and any other materials (including related product and/or software documentation) or services provided by HUELITE, and all aspects thereof, including all patents, copyrights, trade secrets, and other intellectual property rights incorporated therein.

5.2 Feedback

You acknowledge that any ideas, inventions, suggestions for improvement or discussions submitted by you regarding any aspect of the Services (" Feedback") that are not already subject to third party intellectual property rights may be used by HUELITE or any other user of the HUELITE Service without compensation or attribution, and you hereby grant HUELITE, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicenseable and transferable license under all intellectual property rights in the Feedback for any purpose. You acknowledge that any Feedback submitted to HUELITE or through the HUELITE Website (including "contact-us" and support forms) constitutes "publication" of such inventions under applicable patent law.

6. INDEMNIFICATION

You agree to indemnify and hold harmless HUELITE, its subsidiaries, affiliates, partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of any violation of these Terms of Service by you.

7. DISCLAIMER

7.1. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY HUELITE, THE HUELITE WEBSITE, HUELITE APP, HUELITE PRODUCTS, HUELITE TECHNOLOGY, AND ANY OTHER MATERIALS OR SERVICES PROVIDED BY HUELITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". HUELITE AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF ANY ASPECT OF THE HUELITE WEBSITE, HUELITE APP, HUELITE PRODUCTS, HUELITE TECHNOLOGY, OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY HUELITE. HUELITE DOES NOT WARRANT THAT THE HUELITE WEBSITE, HUELITE APP, HUELITE PRODUCTS, HUELITE TECHNOLOGY, OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY HUELITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE RESULTS OF THEIR USE WILL BE CORRECT, ACCURATE, OR RELIABLE. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN AS EXPRESSLY PROVIDED BY HUELITE AND THAT NO WARRANTIES ARE MADE BY ANY OF HUELITE'S SUPPLIERS.

7.2. HUELITE IS NOT LIABLE FOR ANY INTERRUPTIONS TO INTERNET CONNECTIVITY, WI-FI CONNECTIVITY OR AVAILABILITY OR UNAVAILABILITY OF SERVICES OR PRODUCTS OR TECHNOLOGY OFFERED THROUGH THIRD PARTIES. ANY MATERIALS DOWNLOADED FROM THE HUELITE WEBSITE ARE DONE SO AT YOUR OWN RISK. HUELITE WILL NOT BE HELD ACCOUNTABLE FOR DAMAGE TO COMPUTER EQUIPMENT OR LOSS OF DATA AS A RESULT OF DOWNLOADS FROM THE HUELITE WEBSITE. HUELITE WILL NOT BE RESPONSIBLE FOR ANY PROBLEMS OR LIABILITY ARISING FROM THE USE OF THIRD PARTY SOFTWARE OR HARDWARE IN RELATION TO THE SERVICES.

7.3. YOU AGREE THAT THE AVAILABILITY OF THE HUELITE WEBSITE, HUELITE APP AND HUELITE PRODUCTS IS DEPENDENT ON YOUR MOBILE OR COMPUTER DEVICE, DEVICE CARRIER, YOUR INTERNET SERVICE PROVIDER, YOUR HOME WIRING, YOUR WI-FI HARDWARE AND OTHER SOFTWARE AND HARDWARE THAT IS USED TO CONTROL THE HUELITE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT HUELITE CANNOT BE HELD RESPONSIBLE FOR FEES AND CHARGES ASSOCIATED WITH THESE PRODUCTS AND SERVICES. THIRD-PARTY SOFTWARE, HARDWARE OR CONTENT YOU AGREE THAT HUELITE CANNOT BE HELD RESPONSIBLE FOR SOFTWARE, HARDWARE OR CONTENT DEVELOPED BY THIRD PARTIES THAT INTERACTS WITH THE HUELITE SERVICE. IT IS YOUR RESPONSIBILITY TO READ AND ACCEPT ANY THIRD PARTY USER LICENSING AGREEMENTS.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT SHALL HUELITE OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE HUELITE WEBSITE, HUELITE APP, HUELITE PRODUCTS, HUELITE TECHNOLOGY, AND ANY OTHER MATERIALS OR SERVICES PROVIDED BY HUELITE.

IN ANY EVENT WE ARE NOT LIABLE FOR AMOUNTS EXCEEDING THE ANY FEE PAID IN CONNECTION WITH THE SERVICES.

9. GOVERNING LAW & JURISDICTION

Please note that these Terms, its subject matter and its formation, are governed by the laws of the Republic of India. The courts of Delhi will have exclusive jurisdiction to deal with any dispute arising out of or in connection with these Terms or any other terms and conditions made applicable on you by us and you consent to the jurisdiction and venue of such courts and waive any objection as to inconvenient forum.

10. QUESTIONS AND ADDITIONAL INFORMATION

Please feel free to contact us at support@huelite.in if you have any questions about these Terms.

© 2020 Sternet Industries India, Pvt. Ltd. All rights reserved.

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