In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The IOS/ Android application Cubical (hereinafter referred to as “Application”,“App”or “Cubical App”) and the website www.cubical.in (“Website”), owned by Cubical Laboratories Private Ltd., a private limited company incorporated under the Companies Act 2013, having its registered office at A-12, Vivekanand Colony, First Floor, Khetri House Outside Chandpole, Jaipur, Rajasthan represented by its members, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
“Instrument” shall mean the instrument developed by Cubical Laboratories Private Ltd which shall actuate Electrical Appliances in the Home of the User and shall be controlled by the Application. “Electrical Appliances” shall mean all the electronics in the House which the Instrument shall connect to Cubical. “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it. “Third Party” shall mean andrefer to any individual(s), company or entity apart from the User and Cubical Laboratories Private Ltd.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
If you do not agree with any of these terms, please discontinue using the Application.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Application or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Application is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with theTerms of Service even after alterations, if any.
The Application acts as an interface between you and your home, giving you full control of every Electronic Appliance in your house from anywhere. It gives you detailed information about Your energy usage, and how you can save on it. It also informs You in cases of emergency or when some automated event is about to take place.
The User can access and use the Services offered by the Website/Application by
The app interacts via internet / or local wifi connection of your house with your Cubical unit giving it proper instructions, and relaying useful data collected from the Cubical units back to the user.
Further, at any time during Your use of this Application, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or Cubical has reason to believe You have done so, We hold the right to permanently suspend Your account.
Cubical shall from time to time collect certain information from Users of the Products and Services, including any Content or User Submissions. Such information shall include email-id and name of the User, type, brand, model andnumber of Electronic appliances in the house, electricity provider (utility), Bill cycle (start date of bill calculationand number of months), type of rooms in which the Product is installed, brand of the Electrical appliances, modelsand IR commands of remotes.
The Application shall also collect and store the Preferences of the User including but not limited to favourite temperature and other device preferences, information of activity during different times such as sleeping, Instantaneous Power, Average power Voltage, current and Power factor and whether or not the Electrical appliances are on or off.
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom you have become friends with from the Website/Application. Such contact shall be made only in pursuance of such objectives,and no other calls shall be made.
In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations.
The downloading and installing of this Application is free of cost when You have Purchased the Instrument. However, We reserve the right to amend this no-fee policy and charge Users for downloading and installing the Application. In the event of such change in policy, Users shall be intimated of the same via email/telephone and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Application, including but not limited to downloading and installation of the Application by the User.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
You undertake not to:
From time to time, the Application may automatically check the version of the Application installed on the Authorised Device and, if applicable, provide updates for the Application (hereinafter referred to as “Updates”). Updates may contain, without limitation to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, You authorise the automatic download and installation of Updatesand agree to download and install Updates manually if necessary. Your use of the Application and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
Upon download and installation of the Application, You grant the following permissions to the Company to perform the following actions on the device You have installed the Application in.
All information, content, services and software displayed on, transmitted through, or used in connection with the Application, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively andhereinafter referred to as the “Content”), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Application, and solely for your personal, non-commercial use. You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other Products or processes accessible through the Application, not to insert any code or Product or manipulate the content of the Application in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Application, please contact Usinfo@cubical.in
Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Application, including for example but not limited to, communication during any registration andcommunication on the bulletin board, message or chat area, You represent and warrant:
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right andlicense to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorise us to share the information across all our affiliated Applications, to include the information in a searchable format accessible by users of the Application andother affiliated Applications, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
The Application can be used worldwide. We make no representation that materials or Content available through our Application is appropriate or available for use in all countries.
If You access or use the Application from any country, You are solely responsible for compliance with necessary laws and regulations for use of the Application.
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, changeand modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Application/ Website . We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
Cubical has no obligation to provide You with a copy of the information You or any other User provides on the Application or that the Application has accessed.
Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Application.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Application to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Application. Such new featuresand/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made Us in connection with any claim arising from or related to:
Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
In no event shall the Company be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website/ Application and/or the Products or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Except as otherwise expressly stated on the Website/Applcation, all Products and Services Site offered on the Website/Application are offered on an “as is” basis without any warranty whatsoever, either express or implied. All commercial/contractual terms are offered by and agreed to between User and Company alone. The commercial/contractualterms include but are limited to date, period, warranties related to Products and after sales services related to Products.
The Company/Website Application does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the Products purchased from the Company. The Website/Application does not implicitly or explicitly support or endorse the sale or purchase of any Products on the Website /Application.
The company makes no warranty or representation that use of the Products or Services with any third-party Product or Service will affect or increase any level of safety.
The User agrees and undertakes that he/she is accessing the Website/Application and transacting at his/her sole riskand are that he/she is using his/her best and prudent judgment before accessing/using any information displayed thereon.
The Website/Application and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any Product purchased or service availed of by the User from the Website/Application.
The Website/Application does not guarantee that the functions and Services contained in the Website/Application will be uninterrupted or error-free, or that the Website/Application or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website/Application.
It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
The Company,Website or the Application shall not be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorised.
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.