Terms of Service

1. Use of Web Site, Mobile Applications, and our Service

a. The "Service" is SLIMiot's mobile applications and website located at slimiot.com, as each may be updated, relocated, or otherwise modified from time to time, including through networks, embeddable widgets, downloadable software, and tablet computer applications, and all intellectual property contained therein. The Service provides a GPS-GSM device allowing you to find and track the device with a network through which Slimiot can provide locations (each, a "Location") to consumers. Any person who accesses and/or uses the Slimiot Network to locate a device on his or her own behalf, or on behalf of any third party, will be referred to herein as a ("SLIMiot Member").

b. The "Service" is also SLIMiot's IOT devices, proprietary or otherwise, wearable or otherwise used to collect personal health and other data of its users for the sole purpose of analysis and as deemed fit by the company with no intention to harm any individual directly or indirectly.

c. Subject to the terms and conditions of this Agreement, THE COMPANY hereby grants you a limited revocable, non-exclusive, non-transferable license to access and use the Service, solely in the manner intended by THE COMPANY. Unless otherwise specified in writing, the Service is solely for your personal use and not for resale. THE COMPANY reserves the right at all times and without notice to: (i) restrict and/or terminate your access to the Service (or any portion thereof); and (ii) modify or discontinue providing the Service (or any portion thereof).

d. THE COMPANY's policy with respect to the collection and use of your personally identifiable information is set in our Privacy Policy. By accepting this Agreement, you acknowledge your agreement with SLIMiot's Privacy Policy.

2. Registration, Accounts, Passwords and Security

a. SLIMiot Members. In order to become a SLIMiot Member, you must complete the registration process by providing THE COMPANY with current, complete and accurate information, as prompted by the applicable registration form.

b. Accuracy of Information. You acknowledge that in the event you provide any information to THE COMPANY which is untrue, inaccurate, not current or incomplete, THE COMPANY may terminate this Agreement and your continued access and use of the Service.

c. Eligibility. You represent and warrant that you are at least eighteen (18) years of age, that you have not been previously suspended or removed from the Service, and that you possess the legal right and ability to enter into this Agreement. If you are using the Service on behalf of an individual, company, entity, or organization, you represent and warrant that you are an authorized representative of such party with the authority to (i) bind such party to this Agreement, and (ii) agree to be bound by the Agreement on behalf of such party. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY THE COMPANY. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. While individuals under the age of 18 may use the SLIMiot services through the Service by a parent or legal guardian (who must also supervise the SLIMiot device), such individuals may not use the Service themselves.

d. Credentials. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account's identification details and password. You agree to notify THE COMPANY immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at info@SLIMiot.com You are responsible for all use of the Service occurring under your user name. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. THE COMPANY will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by THE COMPANY or another party due to someone else using your account or password.

3. Your Responsibilities

You may use the Service solely for lawful, non-commercial purposes, as intended through the provided functionality of the Service. You may not use the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):

• use, copy, install, transfer or distribute the Service, except as specifically permitted by this Agreement;
• modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service or its Content;
• remove or alter any copyright, trademark or other proprietary rights notices contained in or on the Service;
• create user accounts by automated means or under false or fraudulent pretenses;
• use any robot, spider, screen or database scraper, site search or retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
• probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
• transmit any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable;
• transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
• harvest or collect information about other users without their prior written consent;
• access, tamper with, or use non-public areas of the Service;
• harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group;
• violate any applicable federal, state or local laws, regulations or this Agreement;
• use the Service for any illegal, inappropriate and/or unauthorized conduct; or
• use or access the Service to build a competing service.

We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce this Agreement.

4. Consent to Electronic Communications

a. Consent to Electronic Communications. By using the Service or providing Personal Information (as defined in the Privacy Policy) to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you, if we have your email address. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at info@SLIMiot.com.

b. SMS Text Messages and Push Notifications. When you register with SLIMiot, THE COMPANY may send you an SMS text message containing a 4-digit code in order to verify your phone number and may send SMS text messages and push notifications ("Messages and Notifications") in order to keep you informed about the Service, and may present to you certain marketing offers related to the service. By using the Service, you agree to receive Messages and Notifications regarding your use of the Service. SMS text messages are for informational purposes only. While Messages and Notifications are intended to enhance your use of the Service, you may (i) disable push notifications on your device to remove yourself from our text message database.

c. THE COMPANY cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier's service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.

5. Content Submitted to THE COMPANY

By sending or transmitting to us information, opinions, creative suggestions, ideas, notes, concepts, or other materials (collectively, "Materials"), or by posting such Materials to any area of the Service, you grant THE COMPANY and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed to enhance and develop the Service, including by marketing and advertising the Service, without compensation to you; provided that we will never use your name in connection with any of your Materials that we use in our own advertising and marketing materials without obtaining your prior consent. None of the Materials will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we will not be liable for any use or disclosure of any Materials. THE COMPANY may remove or alter any Materials at any time for any reason.

6. Term and Termination

a. Term. The term of this Agreement (the "Term") will commence on the date on which you first access or utilize the Service in any way (the "Effective Date") and will continue so long as you continue to access or utilize the Service; provided that THE COMPANY reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of this Agreement including, without limitation, the suspension or termination of the user's access and/or account, or blocking the user from access to the Service.

b. Effect of Termination. The following Sections of this Agreement will survive termination or expiration of the Agreement: 1.c, 2.d, 3, 4, 5.e, 7.a, 8, 10.b, 11, 12, 13, 14, 15, 16, 17, 19 – 27. Payments by you, which accrue or are due before termination of your contract, will continue to be payable by you, and amounts owed to THE COMPANY at the time of such termination or expiration will continue to be owed by you, after such expiration or termination.

7. Ownership

a. Proprietary Information. You acknowledge and agree that the Service, including, without limitation, any Content, modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, "Proprietary Information"), is owned by THE COMPANY and its licensors, as applicable.

b. Trademarks. You acknowledge that THE COMPANY has acquired, and is the owner of, trademark rights in the name and word mark "SLIMiot"™ and in the other marks and design marks displayed on the Service. You acknowledge that this name and these marks are famous and internationally known. You will not, at any time or for any reason, challenge the validity of, or THE COMPANY's ownership of, the foregoing name and marks, and you waive any rights you may have at any time to do so.

8. Claims of Copyright Infringement

The Copyright (Amendment) Act 2012 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Indian copyright law. If you believe in good faith that materials hosted by THE COMPANY infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow THE COMPANY to locate the material on the Service;
• the name, address, telephone number, and email address (if available) of the complaining party;
• a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices and counter-notices with respect to the Service should be sent to Slimiot Private Limited, India.

9. Disclaimer of Warranty

THE SERVICE IS PROVIDED "AS IS" WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE THAT, BECAUSE OF THE NATURE OF THE INTERNET, MOBILE NETWORKS, AND THE DEVICES WHICH ACCESS THE INTERNET AND/OR MOBILE NETWORKS, THE SERVICE MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THAT INFORMATION, DATA, AUDIO AND VIDEO TRANSMITTED OVER THE INTERNET AND/OR MOBILE NETWORKS MAY BE SUBJECT TO INTERRUPTION OR THIRD PARTY INTERCEPTION AND MODIFICATION. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.

10. Limitation of Liability

EACH USER IS SOLELY RESPONSIBLE FOR (I) HIS OR HER USE OF THE SERVICE, AND (II) ANY DAMAGES INCURRED BY HIM OR HER OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO THE SERVICE. THE AGGREGATE LIABILITY OF THE SLIMIOT PARTIES FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, WILL BE LIMITED TO ACTUAL DAMAGES PROVED, AND NOT TO EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, NONE OF THE SLIMIOT PARTIES WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY OR ITS CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Third Party Disputes

THE COMPANY IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE OR YOUR EMPLOYER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE COMPANY (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

12. Force Majeure

THE COMPANY will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond THE COMPANY's reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic or governmental action, in so far as such an event prevents or delays THE COMPANY in fulfilling its obligations hereunder.

13. Indemnification and Release

You will defend, indemnify and hold THE COMPANY, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents, harmless against any loss or damage of any kind (including, without limitation, attorneys' fees and lost revenues) arising from: (i) any and all breaches by you of this Agreement or any representation, warranty or covenant contained herein; (ii) any and all use of the Service not specifically authorized hereunder and on the Service; and (iii) any and all claims and actions against THE COMPANY by other parties to whom you allow access to the Service.

14. Additional Service Features

The Service may contain information on products, and services provided by third parties, including its Providers, and links (including advertisements) to third party web sites. This information and these products, services, and links are provided only as a convenience to users. THE COMPANY does not review or control this information or these products, services, or other web sites, and THE COMPANY does not make any representations or warranties, express or implied, regarding this information or these products, services, or web sites.

15. Dispute Resolution

a. Mandatory Arbitration. YOU AND THE COMPANY AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE.

b. Equitable Relief. The foregoing provisions of this Section 15 do not apply to any claim in which THE COMPANY seeks equitable relief of any kind.

c. Claims. You and THE COMPANY agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues.

16. Governing Law; Choice of Forum

The laws of the State of New Delhi, excluding its conflicts of law rules, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of this Agreement. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in New Delhi and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.

17. Feedback

While our staff continually works to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from our Users. If you send us or our employees any ideas or suggestions for products, services, features, modifications, enhancements, content, promotions, strategies, or product/feature names, or any related materials (collectively "Feedback"), then regardless of what your communication may say, the following terms apply, to avoid future misunderstandings. By sending us Feedback, you agree that:

• THE COMPANY will own, exclusively, all known or later discovered rights to the Feedback;
• THE COMPANY will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback; and
• THE COMPANY will be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

18. Entire Agreement; Variation

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19. Severability

If any provision of this Agreement is held invalid, illegal or unenforceable, such provisions will be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of this Agreement will not be affected thereby.

20. Relationship of Parties

Nothing herein will be deemed to create an employer-employee relationship between THE COMPANY and you, nor any agency, joint venture or partnership relationship between the parties. Neither party will have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other.

21. Waiver

No delay, omission, or failure to exercise any right or remedy provided herein will be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.

22. Assignment

Neither this Agreement nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of THE COMPANY and any attempt to do so will be null and void. However, THE COMPANY may assign or transfer this Agreement at any time without your permission.

23. Third-Party Beneficiaries

The provisions of this Agreement relating to the rights of THE COMPANY's Content Providers are intended for the benefit of such Content Providers, and such Content Providers, as third-party beneficiaries, will be entitled to enforce such provisions in accordance with their terms, irrespective of the fact that they are not signatories to this Agreement.