Your use of App
1.1. To use App and all its functionalities, you will have to get registered for an account, if you have not already done so. Please note that while registering, you will have to provide your personal information for registration purposes.
1.2. In relation to your use of the App, you must hereby warrant that your use of the App is of legal purposes at all times and any registration information you have provided in relation to your account is factual. To discontinue, you may also deactivate your Account in accordance with the instructions in the App User Manual at any time.
1.3.It is necessary to keep your log-in information confidential. This clause states that you accept sole responsibility for your Account registration and log-in information. you must inform us immediately in case of any unauthorized behavior in relation to an actual or suspected violation of law use of your Account. We do not accept liability for any losses incurred as a result of non-compliance with your obligations under this clause.
1.4.You are responsible for all costs relating to the purchase of the product and in-app-purchases, including any fees incurred for Internet or data connections, at all times. Please check the costs of telecommunications service you have used for the purchase and use of the App for full details.
2. Your license to use App
2.1. In accordance with the terms of this Agreement, we hereby grant you a non-transferable, non-exclusive license to download, install, and use the App, subjected to the following conditions:
(a) You may not license, sell, lease, transfer, or distribute App in any way or use the App for any commercial purpose;
(b) You may not modify, translate, adapt, merge, use, disassemble, improve or reverse engineer any part of App or any of its part or derivatives;
(c) You may not use App with an intent to create a similar or competing product or service;
(d) You may not reproduce, copy, distribute, sell, download or display any part of the App in any medium without our prior written consent;
(e) You may not remove or destroy any copyright notices or other proprietary marks displayed on or contained in the App.
2.2. You acknowledge that all relevant intellectual property rights in relation to the App are owned by the respected owners (if applicable) at all times.
3. Your information in relation to App
3.1. In this Agreement, "User Content" refers to the content you or any user may publish or generate in relation to the use of our products, including but not limited to your exercise, sleep, body weight, heart rate, images, audio or video files. It also includes any other information generated as part of the App's future features.
3.2. As part of the App's functionalities, you are allowed to share some of your user content on social media or other websites if you choose to do so. We may allow some of your user content to be synced to your App Cloud Service service. At all times, you are solely responsible for all of your user content. This means that you bear the risk of your user content being disclosed to other users or members of the public.
3.3. For all user content shared by our users, we reserve the right to monitor and examine the content based on our sole discretion. We do not bear any obligation to examine or approve of any user content being generated or published by the users. You hereby provide consent that we may delete, modify, or move your user content and reserve the right to do so at any time without prior notice.
3.4. From time to time, you may wish to provide suggestions or feedback to us in relation to the App. For all such feedback, you assign all the rights to us and agree that we have the right to use the feedback and related information in a reasonable way. We will treat the feedback as non-confidential and non-proprietary. When you give feedback, please ensure that you do not provide any information to us you consider being confidential or proprietary.
4. Your warranties and commitment on how you use the App
4.1. You agree that when using the App and its related services, you will not do the following, and accept sole legal responsibility for any penalty, losses, or other consequences if you do so:
(a) Violate the applicable laws and regulations,
(b) Spread (or abet in) obscenities, pornography, gambling, violence, terror, or any other crime;
(c) Insult or slander others, or otherwise infringe upon the legitimate rights and interests of others;
(d) Threaten and disrupt state security, social order or incite ethnic discrimination;
(e) Any other action prohibited by law.
4.2. When using App and its related services, you agree to not engage in the following:
(a) Transmit or share computer viruses, worms, malware, or any software that intentionally destroy or alter computer systems or data;
(b) Disturb or harm our web servers or web connection, including using App by automated means or place an undue burden on our servers;
(c) Collect information about other users without authorization, e.g. email addresses;
(d) Attempt to access our server data or communications data without authorization;
(e) Disrupt, whether partially or totally, other users' use of App.
5.1. This Agreement is effective and remains in force from the date of your acceptance during this period you can use the App until it is terminated in accordance with this clause. Notwithstanding the foregoing, if you’ve used the App before accepting this Agreement, you agree that the Agreement is effective from the date of your first use.
5.2. We may terminate this Agreement at any time without notice for any reason, including but not limited to when we believe in good faith that you have breached the terms of this Agreement or upon receiving notice from a copyright holder or his legal representative that you have violated the copyright of a third party in relation to your use of App.
5.3. Upon termination of this agreement, we may terminate your ability to access the App or your account. We may delete your user content from our active database. We do not owe any obligation to you as a result of terminating the agreement in relation to your account or your user content.
6.1. We may amend this agreement from time to time. For any substantial amendments, we will notify you appropriately, either to your email or by sending a notice linked to the App. Your continued use of App following notice of such amendments constitutes acceptance of the amended terms of the Agreement.
6.2. We reserve the right to modify, retain, or terminate any services associated with App at any time without prior notice. You acknowledge that we shall not bear any liability to you or any third party for the modification or termination of services associated with the App.
7. Third-Party Services & Actions
7.1. Third-Party Services. You acknowledge that our services may be based on technical support from third parties, including but not limited to Apple iPhones and Android systems. Please note that this Agreement governs the rights and obligations solely between you and not with any third party. While using the App, you may encounter third party information and services. We do not monitor this and shall not be responsible for information or services provided by the third parties, and only provide them for your convenience or to fulfill third party's requirements. You must bear full risk on access or use of the above and are bound by any terms and policies the third party may impose in relation to such information or services.
7.2. Interaction with other users. You may encounter user content from other users. We do not control such user content and shall not be liable for any user content. We do not have any obligation to check, monitor, examine, approve, or guarantee for any user content and any risks from interaction with other users, and their user content is borne fully by you.
8. Exclusion of Liability & Disclaimers
As permitted under law, its officers, directors, employees, agents, and business partners shall not have any liability whatsoever and whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, whether direct or indirect, for any loss of profit, loss of anticipated savings, loss of business, loss or damage to goodwill or reputation, or any indirect, special, consequential, exemplary, incidental or punitive loss or damages in relation to this Agreement.
its affiliates, subsidiaries, officers, directors, employees, agents, resellers, distributors, vendors, and partners disclaim all warranties, whether express or implied, guarantees, or conditions with respect to your use of App. You understand that the use of the App is on an "as is" basis "as available". does not guarantee that your use of App will be timely, uninterrupted, secure, error-free or that content loss will not occur. does not represent or guarantee that App will be free from loss, corruption, attacks, viruses, interference, hacking or other security intrusions and disclaims any liability relating to any such security intrusion. also disclaims any loss caused to users because of third parties, including but not limited to communication line breakdown, technical problems, network and/or computer breakdown, or other force majeure.
To the extent permitted by law, excludes all implied warranties, including fitness for a particular purpose, workmanlike effort, and product of satisfactory quality. may add or remove certain functions, suspend or completely stop providing App. You hereby understand and consent that has the right to alter, suspend, or terminate App. has no obligation to inform you and is not liable for any damage incurred by any user or any third party, whether direct or indirect.
You bear all risks resulting from your use of App and disclosure of User Content. disclaims any liability for any loss or dispute arising from a third party's access or use of App with your authorization.
Any User Content posted by users does not represent or reflect 's policies or viewpoints. You bear sole and full responsibility for your User Content, including any risks of threat, defamation, sedition, offensive or illegal information or activities, causing others psychological, physical, or economic loss, etc.
This is not a medical device and is not intended to replace or provide any form of medical diagnosis . The data / report shown is indicative . Individuals are required to seek medical guidance from professionals and not to rely on this data.
You agree to indemnify and hold harmless, its directors, officers, employees, and agents from any claim or demand, including any legal costs, made by third parties arising from your breach of this Agreement, any investigation we may conduct for suspected breach of this Agreement. You agree to help avoid bearing any lawsuit, complaint, loss, damage, responsibility, cost, and fees (including legal fees) from any third party caused by your actions whilst using the App, your user content, or your breach of this agreement. We reserve the exclusive right to defend claims in relation to the App, and the exclusive right to claim compensation. In the event that you and jointly file a lawsuit against a third party, you shall not unilaterally reconcile the claim without a written consent form.
We may provide notifications to you from time to time. Please provide a valid, frequently used email address for your account. You are responsible for the consequences of providing an invalid or unused email address. We do not accept any liability for unsuccessful notifications due to your failure to provide a valid email address. All notices issued through the App or emails sent to you constitute effective notice.
12. Governing Law
This Agreement is governed by the Indian Laws. Disputing parties should strive to resolve any disputes in relation to the terms of this Agreement amicably. If an amicable settlement is not possible, the disputing parties agree to submit to the non-exclusive jurisdiction of the courts of Chennai , India.
We do not waive any rights or remedies if we fail to or delay in exercising our rights and remedies under this Agreement. We are not prevented from the further exercise of our rights or remedies after the exercise of a single or partial right or remedy. Any waiver of a breach or default under the terms of this Agreement shall not be deemed a waiver of any subsequent breach or default and shall not affect our rights in relation to other terms of this Agreement.
If any term of this Agreement is found to be invalid, illegal, or unenforceable for any reason, it will not affect the validity of any other term of this Agreement. The remaining terms of this Agreement shall remain in full force and effect.
15. Entire Agreement
This Agreement constitutes the final, entire and exclusive agreement between you and in relation to the App, and supersedes all prior agreement, representations or understandings, oral or written, express or implied.
You must not assign any rights or delegate any obligations arising out of this Agreement without our prior written consent. Any assignment in violation of the foregoing will be null and void.
17. Third Party Rights
A person who is not a party to this Agreement shall have no right under any legislation of any jurisdiction to enforce any of the terms of this Agreement.
The headings of each section are only for reference and shall not affect the legal meaning or interpretations of the terms of this Agreement.
Types of Personal Data Collected
- In order to provide our services to you, we will ask you to provide the necessary personal data that is required to provide those services. If you do not provide your personal data, we may not be able to provide you with our products or services.
- Setting an account for logging in. Personal data that are collected for creating this account may include your email address or mobile phone number, device-related information (e.g. serial number).
- Activating the Zebronics product/app. When you activate the Zebronics product/app, we may collect your age, height, weight, gender, etc. We may also collect other details you provide as part of your profile such as your birthday and image. We may also request you to provide access to music available on your device. Access to push notifications to send certain push notifications for updates to the product, app, or services.
- Sync data - When you synchronize the data, e.g. to Cloud Services, we may collect data relating to your activities and functionalities of product/app, such as those obtained from our sensors and features on product/app, your sleeping patterns, movement data, heart rate data, smart alarm, camera data, music-related information.
- Sharing your content. When you share content or send information to family and friends, we may collect personal information of those people, such as their names, email addresses, telephone numbers, and mailing addresses (if we need to send a product to them). You hereby represent and warrant that you have obtained necessary consent for use of third parties' personal data if you choose to provide them to us. When you share content or invite users to use App, please note that other users may see the personal data you share.
- Processing the services. In providing the above services, we may also collect data in relation to your device, including your App ID, firmware version, device OS version, model and system, and visiting IP and time.
- Location Information: When you use location-based program services or features, we may collect your location information such as your GPS information, tracing data, longitude, and latitude through your mobile phone device.
How Personal Data is used
To provide you with our products and services, processing your orders, performing contractual obligations between you and us, to ensure the functions and safety of our products, to verify your identity, to prevent and trace fraudulent or inappropriate usage.
- To develop our products and services, together with general and statistical information.
- To communicate with you, including providing you with notifications on products and services that are updated or launched.
- To provide marketing and promotional materials to you on our products and services. (please note that you may unsubscribe anytime).
- To conduct investigations regarding our products and services.
We are committed to ensuring that your personal data is secure. In order to prevent unauthorized access, disclosure, or other similar risks, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect. We have put in place the following security procedures and technical and organizational measures to safeguard your personal data:
- When you opt-in to participate in our User Experience Improvement Program, we may gather statistics relating to your use of our products functions, on an anonymous basis. This may include information relating to your use of our official App, products, and services.
- When you use our services or functions that are based on location information, e.g. carry out a location search, take advantage of advertising, use weather functions, access information based on maps, etc., we may collect your geographical information.
- When you use the Internet browser in using our products and services, we may collect log information, e.g. IP address, browser type, language, reference source, operating system, date and time marking, and click rate data.
- When you first use and activate your Smart Band/Watch, the device's unique identification code and approximate geographical information may be collected.
You have control over your information!
We recognize that privacy concerns differ from person to person. Therefore, we provide examples of ways we make available for you to choose to restrict the collection, use, disclosure or processing of your personal data and control your privacy settings, such as controlling the settings under the user experience improvement program, location access functions, and your account.
Access, Updating or Correcting Your Personal Data
- You have the right to request access and/or correction or any other personal data that we hold about you. When you update your personal data, you will be asked to verify your identity before we proceed with your request. Once we obtain sufficient information to accommodate your request for access or correction of your personal data, we shall process in accordance with the laws of your country. While we try our utmost in acceding to your requests, unreasonably repetitive or unrealistic requests or those that put others' privacy at risk may be declined.
- We normally provide such services for free but reserve the right to charge a reasonable fee.
Withdrawal of Consent
- You may withdraw your consent for the collection, use and/or disclosure of your personal data in our possession or control by submitting a request. This may be done by accessing your Account management. We will process your request within a reasonable time from when the request was made, and thereafter not collect, use and/or disclose your personal data as per your request.
- Please recognise that your withdrawal of consent could result in certain legal consequences. Depending on the extent of your withdrawal of consent for us to process your personal data, it may mean that you will not be able to enjoy 's products and services.
Who do we share your information with?
Disclosure may include the scenarios listed in this section below. In each case described in this section, you can be assured that will only share your personal data in accordance with your consent. You should know that when sharing your personal data with a third party under any circumstance described in this section, will ensure that the third party is subject to practices and obligations to comply with the relevant data protection and privacy laws of your country. will contractually ensure compliance by any foreign third party service providers with the privacy standards that apply in your home jurisdiction.
Disclosure to group companies and Third Party Service Providers
- In order to conduct business operations smoothly, the entity which collects your personal data may disclose your personal data from time to time to other group companies (in communications, social media, technology or cloud business), or our third party service providers which are our mailing houses, delivery service providers, telecommunications companies, data centres, data storage facilities, and customer service providers, agents, related corporations, and/or other third parties (together "Third Party Service Providers"). Such Third Party Service Providers would be processing your personal data on 's behalf or for one or more of the purposes listed above.
- Personal data will only be shared to provide or improve our products or services and will not be shared for use for marketing purposes.
Disclosure to Others
We may disclose your personal data without further consent if required or permitted by law in the following cases:cases in which the disclosure is required or authorized based on the applicable laws and/or regulations;
- cases in which the disclosure is necessary to respond to an emergency that threatens the life, health or safety of the individual or another individual;
- cases in which the disclosure is necessary for the prevention of crime or legal proceedings;
- cases in which the purpose of such disclosure is clearly in the individual's interests, and if consent cannot be obtained in a timely way;
- cases in which the disclosure is necessary for any investigation or proceedings;
- cases in which the disclosure is to any officer of a prescribed law enforcement agency upon production of written authorization signed by the head or director of that law enforcement agency, or a person of a similar rank, certifying that the personal data is necessary for the purposes of the functions or duties of the officer;
- cases in which the disclosure is to a public agency and such disclosure is necessary in the public interest.
Information Not Requiring Consent
- We may share anonymised information and statistics in aggregate form with third parties for business purposes, for example with advertisers on our website, or we may tell our business partners the number of customers in certain demographic groups who purchased certain products or who carried out certain transactions.
- For the avoidance of doubt, in the event that we are permitted by law to collect, use or disclose your personal data without your consent, such permission granted by the law shall continue to apply.
Information Safety Safeguards
We are committed to ensuring that your personal data is secure. In order to prevent unauthorized access, disclosure or other similar risks, we have put in place reasonable physical, electronic and managerial procedures to safeguard and secure the information we collect. We have put in place the following security procedures and technical and organizational measures to safeguard your personal data:
- Your personal data is stored on secure servers that are protected in controlled facilities.
- All data saved in the back-end is classified into different levels based on the importance and sensitivity of the data, e.g. whether the data contains personal data.
- In the data centers, clusters that contain sensitive data are grouped together in the network topology, and will be placed in rooms with additional physical security protection.
- Data exchanged between devices and servers are encrypted using Secure Sockets Layer ("SSL").
- There is an optional two-step verification process when users access their Account.
- There is regular review of information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
- Access is restricted to employees and Third Party Service Providers who need to know that information in order to process it, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet such obligations.
- There are also access controls for all server clusters used for cloud-based data storage and process.
- Most data used for 's products and/or services is stored in a storage system. By using column family based access control mechanism, employees are only allowed access to the data column families they are granted access to.
Information safety is very important to us. We will take all practicable steps to safeguard your personal data. Through our protective measures above, especially encrypted storage and transmission, your data is as secure as it can be. Certain details of encrypted data cannot be accessed by anyone except by you.