Terms of Use for IOTSTUDIO

GENERAL NOTICE

In terms of India's Information Technology statutes, this document is an electronic record. Being generated by a computer system, it does not require any physical or digital signatures. This document is published in accordance with the provisions of Information Technology law that require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of the service.

Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "user"), and Varni Digital Pvt. Ltd. ("we," "us," or "our"), concerning your access to and use of our mobile application, web application, and any related smart home devices and services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and you must discontinue use immediately.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms. It is your responsibility to periodically review these Terms to stay informed of updates.

Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference. Please review our Privacy Policy carefully to understand how we collect and use your information.
privacy policy 

Definitions

• Service or App: Refers to the Mobile as well as The Web application or the any other related services used or accessed by the User under the name of IOTSTUDIO, provided by us.

• User: Refers to the entity that has accessed or is currently using the Service. 

• Third Party: Refers to any individual, company, or entity other than the User and Varni Digital Pvt. Ltd.

• Instrument: Refers to the device developed by Varni Digital Pvt Ltd that actuates Electrical Appliances and is controlled by the Application.

• Electrical Appliances: Refers to the electronics in your home to which the Instrument connects.

 Account Registration and Security

To use most features of the Service, you must register for an account. You agree to:

• provide accurate, current, and complete information during the registration process,

•  maintain the security of your password and Identification,

•  be fully responsible for all use of your account and for any actions that take place using your account.

You must be at least 18 years of age to create an account and use the Service. By creating an account, you represent that you meet this age requirement.

License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:

• access and use the App on your personal device(s) solely in connection with your use of the Service; and

• access and use any content, information, and related materials that may be made available through the Service, in each case solely for your personal, non-commercial use.

Any rights not expressly granted herein are reserved by us and our licensors.

User Conduct and Restrictions

You agree that you will not, under any circumstances:

• Use the Service for any illegal or unauthorized purpose.

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the App or any part of the Service.

• Modify, adapt, translate, or create derivative works based upon the Service.

• Interfere with or disrupt the integrity or performance of the Service or the data contained therein.

• Attempt to gain unauthorized access to the Service or its related systems or networks.

• Use the Service to build a competitive product or service.

• Upload or transmit viruses, Trojan horses, or other malicious code.

• Use the Service in any way that could damage, disable, overburden, or impair any of our servers or the networks connected to any server.

• Use the Service for any life-safety, critical security, or emergency purposes. The Service is not a certified emergency notification system and should not be relied upon for purposes where failure or malfunction could lead to death, personal injury, or severe property or environmental damage.

App Permissions on Your Device

Upon installing the Application, you grant us permission to perform the following actions on your device:

• To read from, write on, modify, and delete data related to the Application on your device's internal or external storage.

• To access network information, connect to networks (including Wi-Fi), and send/receive data.

• To determine your approximate and/or precise location (from sources like cell towers, Wi-Fi, and GPS).

• To access device information such as model number, IMEI number, operating system, and phone number.

• To retrieve information about other running applications.

• To access and change display and sound settings for notifications

Intellectual Property Rights and copy rights

The App/Service and all its content, including software, text, images, trademarks, and logos ("Content"), are the exclusive property of Varni Digital Pvt Ltd. or its licensors. We grant you a limited, non-exclusive, revocable license to use the Content solely for your personal, non-commercial use. You may not copy, distribute, modify, reverse engineer, or create derivative works from the Content without our express permission.

By submitting any content to the Service (e.g., messages, custom settings), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, and modify that content in connection with our business. You warrant that you have the right to grant this license and that your content does not violate any third-party rights.

We respect intellectual property rights. If you believe your copyright has been infringed upon by our Service, please contact our designated agent with a detailed complaint at varnidigital@gmail.com.

Fees and Payment

The download and installation of the Application are currently free of cost with the purchase of an Instrument. However, we reserve the right to amend this policy and charge fees for the Application or for premium services in the future. In such an event, we will provide you with prior notice via email or an in-app notification. Your continued use of the Service after such a change will constitute your agreement to pay the new fees. You are responsible for all taxes that are levied or arise from your use of the Service.

Updates to the Service

From time to time, the Application may automatically check for and install updates ("Updates"). Updates may include bug fixes, patches, enhanced functionality, and new versions. By installing the Application, you authorize the automatic installation of Updates.

Communications

By using the Application, you consent to receive telephonic calls, SMS messages, and/or emails from us for purposes including, but not limited to, service clarifications, marketing, and promotions. If you wish to opt-out of marketing communications, you may email us at varnidigital@gmail.com

Disclaimer of Warranties and Liabilities

THE SERVICE AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY WHATSOEVER, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY ACCEPT ANY AND ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICE.

WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS OR FOR ANY DAMAGE CAUSED TO YOU, YOUR BELONGINGS, OR ANY THIRD PARTY RESULTING FROM THE USE OR MISUSE OF ANY PRODUCT OR SERVICE. YOU ARE ACCESSING AND USING THE SERVICE AT YOUR SOLE RISK AND PRUDENT JUDGMENT.

IN NO EVENT SHALL VARNI DIGITAL PVT LTD, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE.

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, LABOUR SHORTAGE OR DISPUTE, INTERNET INTERRUPTION, TECHNICAL FAILURE, BREAKAGE OF SEA CABLE, HACKING, PIRACY, CHEATING, ILLEGAL OR UNAUTHORISED.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

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 APP OR SERVICES. 

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to indemnify, defend, and hold harmless Varni Digital Pvt Ltd from and against any and all liability, loss, claims, damages, and expenses (including attorneys’ fees) arising from or related to: 

• your use of the Service; 

• any breach of these Terms by you; or 

• your disclosure of information to any Third Party

Termination

We may terminate or suspend your access to the Service, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

You may terminate your account at any time by discontinuing use of the Service and deleting your account.

Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

International Use

The Service is controlled and offered by Varni Digital Pvt Ltd. from its facilities in India. The Application can be accessed from countries around the world. We make no representation that the Service, or the materials and Content available through it, are appropriate or available for use in other locations. If you access or use the Service from outside of India, you are solely responsible for compliance with all applicable local laws and regulations of that jurisdiction.

General Provisions

Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the Service.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Force Majeure: We shall not be liable for any delay or failure to perform our obligations if such delay or failure is due to a cause beyond our reasonable control (e.g., acts of God, war, internet interruption, hacking).

Contact Us

Varni Digital Pvt Ltd.

902/3A,3 Floor Nakshatra Arcade Opp Vasu Healthcare, 

Near Purohit Chowkdi. Makarpura GIDC Vadodara-390010

Email: varnidigital@gmail.com

Website: www.VarniDigital.in