Terms
License
Subject to your compliance with these Terms, Kre38 Labs grants you a limited non-exclusive, non-transferable license to download and install a copy of our software app (the "App") on a single mobile device that you own or control and to run such copy of the App and use our Services solely for your own personal non-commercial purposes. We reserve all rights in and to the App and Services not expressly granted to you under these Terms. You may not: (i) copy, modify or create derivative works based on the App or Services; (ii) distribute, transfer, sublicense, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App or Services available to multiple users through any means.
Downloading Our App
When you download our App from the Google Play Store or other app store or app distribution platform (an "App Store"), you acknowledge and agree that:
These Terms are concluded between us, and not with the App Store, and that we (not the App Store), are solely responsible for our App.
The App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims.
the App Store is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement.
The App Store is a third party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our App through their App Store). You must also comply with the App Store's terms of service when using our App.
Creating an Account
In order to use certain features of our Services, you must have an account with us. By creating a Google account, you represent that (a) all required information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms; and (c) your use of our Services does not violate any applicable law or regulation or these Terms. You are responsible for maintaining the confidentiality of your password and for any and all use of your account. You should notify us immediately if you suspect any unauthorized use of your account or access to your password. You may not (a) use the account or username of any other user; (b) allow someone else to use your account or username; or (c) sell, lend, transfer, or otherwise share your account, temporarily or permanently, with someone else. If you violate these Terms, we reserve the right to issue you a warning, suspend or even terminate your account (along with your ability to access and use the Services).
Payments
To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like Google Play, or any other payment method made available by Kre38 Labs) (the “Payment Method”). If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You represent and warrant that you have the legal right to use your selected Payment Method and any payment information provided by you. No refunds or credits will be provided by Kre38 Labs, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via help@waltr.in . You acknowledge and agree that we have no liability with respect to any act or omission by your payment provider.
Privacy Policy
Please refer to our Privacy Policy (https://www.kre38labs.com/privacy-policy) for information on how we collect, use and disclose information from our users.
Alerts and Notification
As part of the Services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the App ("Push Messages"). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging fees may occur for some of the Push Messages depending on the message plan you have with your wireless carrier.
Content You Provide
You are responsible for the content, such as any text, images, and other material and information, that you upload or post on or through our Services (your "Content"), and its legality, reliability, and appropriateness. You should only upload or post Content that you create or have the right to use and publish. By uploading or posting your Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Content in connection with providing our Services. You agree that we can also make your Content available to other users of the Services, who may view and/or use your Content, subject to these Terms.
Enforcement
We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms, or that we believe threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.
General Prohibitions
You agree not to do any of the following:
Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Use the Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;
Intercept or "sniff" the communication packets between the Walter hardware and mobile application or attempt to reverse engineer the technology protocol;
Access, tamper with, or use non-public areas of the Services, Walter's computer systems, or the technical delivery systems of Walter's providers;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Attempt to access or search the Services or Content or download Content from the Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Kre38 Labs or other generally available third party web browsers;
Submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Violate any applicable law or regulation, including by stalking , harassing , or tracking others for unlawful or criminal purposes.
Encourage or enable any other individual to do any of the foregoing.
Third Party Links
Our Services may contain links to content or services provided by third parties ("Third Party Links"). These Third Party Links are not under our control, and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We are providing these Third Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties. If you access any of these Third Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third Party Links are subject to their own terms and policies, including privacy and data gathering practices.
Ownership
You acknowledge that all intellectual property rights in our Products, App and Services, including the underlying software and technology and the information and content available on our Services, are owned by us and our suppliers (including other users), and are protected by law throughout the world. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Products, App or Services ("Feedback"), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.
Termination
You can terminate your account at any time by providing notice of termination to us at help@kre38labs.com. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your account or access to our Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees or payments and you will have no further right to access any of the foregoing or your account.
Waltr Hardware Limited Warranty
Kre38 Labs warrants that your Waltr hardware product ("the Product") will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery to the original retail purchaser ("the Warranty Period"). If a defect in the Product arises within the Warranty Period, Kre38 Labs will, at its sole option and subject to applicable laws: (a) repair or replace it with a new or refurbished product or component; or (b) refund the original purchase price upon return of the defective Product. This Warranty does not apply to (w) Products you purchase from unauthorized resellers; (x) where the instructions for use and activation of the Product are not complied with; (y) where the Product is used outside of its intended usage; or (z) where the Product is damaged as a result of abuse, accident, modification or other causes beyond our reasonable control.
ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED.
Disclaimer of Warranty for App and Services
We will use reasonable efforts to correct any discovered defects in the App or Services. However, your access to and use of our App and Services is at your own risk. We are not responsible for the content provided by, or the conduct of, any user and you bear the entire risk of using the App and Services and any interactions with other users. Our App and Services are provided on an "AS IS" and "AS AVAILABLE" basis and we do not represent, warrant, or guarantee that the App and Services will be provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE APP AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IMPORTANT: WITHOUT LIMITING THE FOREGOING, THE APP AND THE SERVICES ARE DESIGNED SOLELY TO HELP YOU MANAGE YOUR WATER USAGE BY KNOWING THE WATER LEVEL IN YOUR WATER TANK. THEY ARE NOT DESIGNED NOR DO THEY PROVIDE ANY REAL-TIME TRACKING CAPABILITIES. WE DISCLAIM ANY LIABILITY RESULTING FROM ANY USE OF THE APP AND/OR THE SERVICES FOR ANY PURPOSE OTHER THAN THEIR INTENDED DESIGN. If applicable law requires any warranties with respect to our App or Services, all such warranties are limited in duration to thirty (30) days from the date of your first use or the minimum duration allowed by law.
Limitation of Liability
YOU ASSUME THE ENTIRE RISK OF USING THE APP AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Kre38 Labs BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS, THE APP OR THE SERVICES OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE APP, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT Kre38 Labs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT, OF OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE APP OR THE SERVICES. FURTHER, Kre38 Labs SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OR MODIFICATION OF THE APP BY Kre38 Labs OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.
Kre38 Labs' AGGREGATE LIABILITY (WHETHER UNDER CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) AND THAT OF ITS AFFILIATES SHALL BE LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU TO ACCESS THE PRODUCT AND OUR SERVICES.
Indemnity
You shall defend, indemnify and hold harmless, Kre38 Labs, its affiliates, any third party networks / infrastructure providers and their respective directors, officers, personnel, contractors and agents, for and against any and all claims, suits, judgment, losses, damages, data loss, cost and expenses arising or relating to your use of the App and Services or your breach of the terms of the Terms or the Privacy Policy or any other restrictions or guidelines provided by Kre38 Labs. This indemnification obligation will survive this Terms and Your use of the App and Services.
Governing Law
This Terms is governed and construed in accordance with the laws of India. The courts in Bengaluru shall have exclusive jurisdiction to hear disputes arising out of the Terms.
Force Majeure
Kre38 Labs shall be under no liability whatsoever in the event of non-availability of any portion of the App or our Services occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure or any other cause whatsoever beyond the control of Kre38 Labs.
Copyright Notice and Notice for other Grievance
In accordance with the applicable laws, for any grievance including if, you believe in good faith that the content or any information viewed through the App or any of our Services infringes your copyright, you may reach us at help@waltr.in
Waiver
Any failure by Kre38 Labs to enforce the Terms, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.
Severability
If any of the provisions of this Terms are deemed invalid, void, or for any reason unenforceable, that part of the Terms will be deemed severable and will not affect the validity and enforceability of any remaining provisions of the Terms.
Entire Agreement:
The Terms including the Limited Warranty and Privacy Policy, as amended from time to time, constitutes the entire agreement between the parties and supersedes all prior understandings between the parties relating to the subject matter herein.
Limited Time To Bring Your Claim
You and Kre38 Labs agree that any cause of action arising out of or related to use of the App or our Services must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
Third Party Trademarks
Google Play, the Google Play logo, Google Account, Google Account logo and Android are trademarks of Google Inc. All other trademarks and trade names are properties of their respective owners.
Contacting Us
If you have any questions about these Terms, please contact us at help@waltr.in.