End User License Agreement
- Permitted Use
This Mobile Application (App) is developed by MoveinSync Technology Solutions Private Limited (MIS) specifically for the purpose of enhancing existing user experience of cab scheduling and tracking of MIS customers and their respective employees who, in their regular course of employment, are required to access MIS employee transport management services (End User(s)).
This App is in no way expected to act as a safety/security App. The Panic Button Feature (PBF) of the App is purely a facilitative feature whose successful functioning depends upon a wide variety of factors, including but not limited to, network and software connectivity. PBF is designed solely to provide the End Users the opportunity to connect with the security agencies and systems controlled and managed entirely by their respective employers and the PBF is neither expected nor required to guarantee any kind of help/support to an End User in a stressful situation. The End Users acknowledge and agree that their safety and security is the responsibility of their respective employers and themselves. PBF is designed for supplementing End Users’ existing security ecosystem and not as a replacement of the same. MIS, under no circumstances, can be held accountable or responsible, in any manner whatsoever, for averting any incidents impacting the End Users.
Use of this App (including any/ all of its features) is subject to the terms contained hereinunder (Terms). Before using this App, you are required to read and understand all the Terms, and print or save a local copy for your records.
- Acceptance of the Terms
In order to use the App, you must agree to the Terms. You can accept the Terms by:
- clicking to accept or agree to the Terms, where this option is made available to you by MIS in the user interface for the App;
- using the App. In this case, you understand and agree that MIS will treat your use of the App as acceptance of the Terms from that point onwards.
You represent that you have full power, capacity and authority to accept these Terms. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you don’t have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms.
MIS may, at its sole discretion and without providing any prior notice to you, add, modify and/or delete any of the features of the App or stop the App, temporarily or permanently, without attracting any liability. You acknowledge and agree that the look and feel of the App may change from time to time, without prior notice to you. MIS reserves the right to refuse or discontinue the App to anyone, and to disable End Users access to the App or to any features of the App, at any time, in its sole discretion and with or without notice.
MIS also reserves the right to release subsequent versions of the App and to require you to obtain and use the most recent version of the App. The App currently does not include advertising. However, MIS reserves the right to include advertising in the App.
- MIS Proprietary Rights and Limited Licensing
You acknowledge and agree that MIS (or MIS’s licensors and their suppliers, as applicable) own all legal right, title and interest in and to the App, including any intellectual property rights that subsist in the App (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
MIS gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the App as provided by MIS, in the manner permitted by the Terms. MIS gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the App and in the manner permitted by the Terms.
Except as expressly permitted under the Terms, or unless you have received prior written authorization from MIS, MIS’s licenses above are subject to your adherence to all of the restrictions below:
- access or use the App through any technology or means other than those provided in the App, or through other explicitly authorized means MIS may designate;
- copy, translate, modify, create a derivative work of, or publicly display the App or any part thereof;
- charge users or any other third party any fee solely for the use of the App unless you have entered into a separate written agreement with MIS or obtained MIS’s written permission to do;
- reverse engineer, decompile or otherwise attempt to extract the source code of the App or any part thereof, unless this is expressly permitted or required by applicable law; or
- delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the App;
MIS claims no ownership over your personal data and you retain copyright and any other rights you already hold in your personal data.
Personal Data we collect:
We collect personal data like gender, mobile number and address either directly from you or through your organization to enable the various services offered by your organization and to provide you the best experience with our application.
How we use personal data:
MoveInSync uses the data we collect to enable services that are either mandated by regulatory requirements or are part of the transport related policy of your respective organization, which includes using data to improve and personalize your experience. We also may use the data to communicate with you, for example, informing you about your account, product information, ongoing or upcoming office commute etc. In case of the Panic Button Feature, we share the location captured at the time of panic with relevant stakeholders in your respective organization or with relevant entities identified by your organization to handle the emergency response.
Reasons we share Personal data:
We share your personal data with your consent or as necessary to complete any transaction or provide any service you or your organization have requested or authorized. We also share data with vendors working on our behalf; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our product; to enable services requested by your organization.
By accepting to use the App on the Terms, you give MIS requisite non-exclusive license to view and use your personal data enabling MIS to deliver services required by law; your organization and to improve your experience with using the application.
In case you would like to know more about what personal data we consume and how, please reach out to us at firstname.lastname@example.org
The Terms will continue to apply until terminated by either you or MIS as set out below.
You may terminate your legal agreement with MIS by discontinuing your use of the App at any time, and removing the App from your handheld/smartphone. You do not need to specifically inform MIS when you stop using the App. MIS may, at any time, terminate its legal agreement with you at its discretion without prior notice to you.
- EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE APP IS BEING MADE AVAILABLE TO YOU PURELY ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND DISCRETION. YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF THE APP.
IN PARTICULAR, MIS DOES NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE APP WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE APP WILL BE ACCURATE OR RELIABLE; AND
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE APP WILL BE CORRECTED.
MIS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MIS WILL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS);
- ANY LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE APP;
- ANY CHANGES THAT MIS MAY MAKE TO THE APP, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE APP (OR ANY FEATURES WITHIN THE APP); OR
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE APP.
THE ABOVE LIMITATIONS ON MIS’S LIABILITY TO YOU WILL APPLY WHETHER OR NOT MIS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.