Updated: 14^th April 2020

Gandhvedh^® and Vayuvedh^TM  are brands owned by Viliso Technologies Pvt Ltd. The terms and conditions contained hereinafter (“TERMS OF USE”) are contract between user and Viliso Technologies Pvt Ltd (“Viliso”). They cover your access and use of the Viliso system and the Viliso Service offered from time to time by Viliso Technologies Pvt Ltd (“Viliso” or “WE” or “OUR” or “US”).  The “Viliso system” includes the Viliso web and mobile applications and its related services. The “Viliso Service” includes Viliso devices, associated firmware, software, the Viliso system, APIs, websites, products, and services.

Any person logging on to or using the Website (even when such person does not avail of any services or system provided by Viliso (“USER” or “YOU”) shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately provided on the Website) and unconditionally accepted the terms and conditions set out herein and this constitutes a binding and enforceable agreement between the User and Viliso. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with Viliso for other services.

For the purpose of these Terms of Use, wherever the context so requires, the term “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of herself or any other legal entity.

By using the Viliso Service or creating a Viliso account, you agree to and accept these Terms. If you don’t agree to any of the Terms, please do not create an account or use the Viliso Service.

By accessing or using the Viliso Service, you agree that we can collect and use your information in accordance with the Privacy Policy.

This version of the Terms constitutes the entire agreement between us and cancels, excludes, and replaces any previous Terms in its subject matter.

It is clarified that the Privacy Policy (that is provided separately), form an integral part of these Terms of Use and should be read in conjunction. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Website.

The Terms of Use may be revised or altered by us at our sole discretion at any time without any prior intimation to the User. The latest Terms of Use will be posted here. Last date of update is mentioned on top. Any such changes by Viliso will be effective immediately. By continuing to use this Website or access/ usage of our Services after changes are made, you agree to be bound by the revised/ amended Terms of Use. You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction that may be applicable to you in connection with your business and use of our Services.

Account and your Device

Full use of the Viliso Service requires that you create an account. When you create an account with us, you voluntarily provide your first name, last name, email address, password, and time zone. You may also voluntarily indicate your birthday and gender. When you set-up your device, you voluntarily provide its time zone. This ensures that you are able to accurately view all your current and historical air quality measurements and data based on the local time they have occurred.

You are responsible for all activity that occurs on or through your Viliso account. Viliso is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. If you suspect a security breach, please let us know at contact@viliso.in

Equipment for use of Viliso services

Full use of the Viliso Service requires the use of a personal medium, such as a computer or a suitable mobile device, as applicable, and internet access. The maintenance of your applicable personal medium and internet connection may influence the performance of the Viliso Service. It is your responsibility to ensure the compatibility and functionality of your equipment and internet connection.

The use of the web application via a computer is only available to select users. The use of the mobile application is available to all users. When using a mobile device, you must download the mobile application which requires internet connection. Exchange of data between the web and mobile applications and your Viliso device likewise requires internet connection.

Viliso shall not be responsible in anyway if the user is not getting any data/information from Viliso devices on his/her mobile device/computer if internet connection is not available.

Rules and Policies

Viliso grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Viliso Service as authorized in these Terms.

You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer or otherwise exploit the Viliso Service. You will not: fraudulently introduce any data on the Viliso Service; fraudulently introduce any data on the Viliso Service; interfere, obstruct, distort the proper working of the Viliso Service or to use it in any manner whatsoever to interfere with any rights of Viliso and of third parties; undertake any action or use any method allowing data to be retrieved, including data scraping, data harvesting, web crawling from the Viliso Service or our database enabling any direct or indirect migration and/or duplication of a significant portion of the data and services accessible from the Viliso service; probe, scan, and technically analyse the Viliso Service; test the vulnerability, the performance and functionality of the Viliso Service for reasons other than the ones strictly necessary to use the Viliso Service; breach of any security measures implemented on the Viliso Service; use any illegitimate means to breach any authentication method implemented by Viliso; access and maintain yourself into any section of the Viliso Service that is not specifically accessible to you by the usual use of the Viliso Service; or modify, decompile, disassemble, reverse engineer, tamper with, or otherwise derive the source code or circumvent the technology of any part of the Viliso Service.

We may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve or alter the performance of the Services and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using Viliso Service. If you do not terminate a previously created Viliso account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Viliso Service and you agree to promptly install any Updates Viliso provides. Your continued use of the Viliso Service is your agreement to these Terms with respect to the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

Use of the Viliso Service should not replace your good judgment and common sense.

Purchase and Returns

You must provide the requested data to place an order for a Viliso device. The indicated price does not include taxes, fees and charges of the applicable law, which shall be for your account unless it is mentioned specifically. Any order placed is an offer to purchase the Viliso Service. Orders are subject to availability and are accepted at our discretion. We may accept, decline, or place limits on your order for any reason.

All products are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued. We will replace your defective Viliso device if we satisfactorily determine that the claimed defect warrants replacement. Only Viliso devices that have been purchased directly from the Viliso website can be returned to us. Viliso devices purchased through other distributors and retailers must be returned in accordance with their respective policies. Please ensure that the Viliso device you are returning is repackaged with all the accessories and documentation that were included when you received it. Shipment shall generally be for your account. We will shoulder shipment for replacement units.

We use third party tools to process payments. If the respective providers of the third part tools refuse to authorize a payment, we cannot provide the Viliso Service and we will not be liable for any delay or failure to deliver.

Communications

In connection with your use of the Viliso Service, we may send you service messages, updates, security alerts, and account notifications when you log on to your Viliso account and use the Viliso Platform. You may use your account settings to control most communications from us. We may also send you our newsletter if you previously signed up to our e-mail newsletter. If you wish to stop receiving our newsletter, please click “Unsubscribe” at the bottom of each e-mail.

Proprietary Rights

Any photos, images, graphics, video, audio, data, text, music, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Viliso Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of India and foreign countries.

We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Viliso Service.

Our logos and any other Viliso trademarks, and the overall look and feel of the Viliso Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Viliso Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

Modifying and Terminating our Services

We are constantly improving the Viliso Service. We may add or remove, temporarily or permanently, any function, feature, or component of the Viliso Service at any time without notice. We are not liable for any modification, suspension, or discontinuance of any function, feature, or component of the Viliso Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Viliso device without prior notice to you.

You can stop using the Viliso Service at any time by deleting your Viliso account. We may also stop providing the Viliso Service to you, or add or create new limits to any aspect of the Viliso Service at any time and without notice or liability to you. If we discontinue the Viliso Service, we will provide you with reasonable advance notice and a chance to retrieve information you previously provided to us where reasonably and legally possible.

Exclusions of Warranty and Liability

Other than as expressly set out in these terms or additional terms, we or our suppliers or distributors, or any other party involved in creating, producing, or delivering the Viliso Service do not make any specific promises about the Viliso Service, including but not limited to the content within the Viliso Service, the specific functions of the Viliso Service, or their reliability, availability, or ability to meet your needs. We provide the Services “as is” without warranty of any kind. We disclaim all express or implied warranties arising out of or related to these Terms or the Viliso Service to the extent permitted by law. We make no warranty that the Viliso Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Viliso Service.

We do not guarantee or promise any specific level of air cleanliness or any health benefits from the use of the Viliso Service or any features therein, including following any guidance provided by Viliso. Actual air quality may vary with factors beyond our control or knowledge. From time to time, we may use the Viliso Services to provide you with information that is unique to you and your air monitoring situation and may suggest ways to enhance or improve or otherwise alter your habits. Viliso does this to highlight options for your consideration based on our analysis and information that has been monitored and collected. YOU ACKNOWLEDGE THAT THESE SUGGESTIONS ARE NOT CONSIDERED MEDICAL ADVICE AND THE EFFICACY AND APPLICABILITY OF SUCH SUGGESTIONS MAY VARY. We accept no liability regarding your actions based on the information provided by the Viliso Service, and make no warranties and representation about the applicability of such information or guidance to your specific needs. Any health questions regarding the information and guidance provided should be directed to a medical doctor or an air quality professional.

We, or our suppliers or distributors, or any other party involved in creating, producing, or delivering the Viliso Service will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages, and any loss or damage that is not reasonably foreseeable. To the extent permitted by law, our total liability and our suppliers, distributors, and any other party involved in creating, producing, or delivering the Viliso Service for any claims under these Terms, including for any implied warranties, is limited to the amount you paid us to use the Viliso Service, if you have not had any payment obligations to us, as applicable.

Duration of Services: 

Viliso makes no commitment to provide the services for lifelong period. Services offered may be stopped at any time without prior intimation to customer/user. In case customer/user has paid any amount towards services for the duration beyond stoppage point Viliso shall provide refund to customer/user. If customer/user has availed services in part after making the payment, refund shall be made on pro rata basis. Refund shall be made only when customer/ user produces proper money receipt of amount paid to Viliso Technologies Pvt Ltd.

Warranties 

Viliso Technologies Pvt Ltd (“Viliso”) warrants to the original purchaser that your Viliso device, including any ancillary parts that may be packaged with it (“Viliso device”), shall be free from defects in materials and faulty workmanship under normal use for a period of one year from the date of original purchase, in its original packaging.

The warranty covers working parts that affect the function of your Viliso device. It does not warrant that the operation of the Viliso device will be uninterrupted or error-free. It does not apply to (1) cosmetic deterioration caused by wear and tear (e.g. scratches and dents); (2) damage caused by accident, abuse, misuse, mishandling, flood, fire, earthquake or other external causes; or (3) damages arising from operating Viliso device and accessories (i) outside the permitted or intended uses described by Viliso, (ii) not in accordance with instructions provided by Viliso, or (iii) with improper voltage or power supply; (4) software distributed and related services provided by Viliso; (5) disassembly or attempt to disassemble, open, or take apart the Viliso device or its accessories; or (6) alterations unauthorized by Viliso.

 If covered defects arise within the Warranty Period and you submit a claim to Viliso in accordance with this warranty, Viliso shall, at its discretion, (1) repair the Viliso device at no charge using new or previously used parts that are equivalent to new in performance and reliability; or (2) replace the Viliso device with the same model, if available. Viliso reserves the right to change the method by which Viliso may provide warranty service to you.

Claims must be supported by reasonable evidence that the date of the claim is within the Warranty Period. Please keep your original purchase receipt and serial number for the duration of the Warranty period. Any replacement devices shall be warranted for the remainder of the original Warranty Period.

These are your sole and exclusive remedies. Shipping and handling charges may apply except when prohibited by applicable law. Shipping costs, taxes, and custom duties are non-refundable.

To obtain warranty service, please contact Viliso Support at contact@viliso.in You must provide your name, contact information, date of original purchase, and serial number of your Viliso device.

No Viliso vendor, reseller, distributor, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

Limitation of Damages

Viliso shall not be liable for any incidental, indirect, special, consequential, or exemplary damages, including, without limitation, loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to, compromise or corruption of data; or resulting from any breach or express or implied warranty or condition or under any other theory of liability (whether contract, tort, including negligence), even if Viliso or its representatives has been advised of the possibility of such damages, except to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity

You will indemnify and hold harmless Viliso or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Viliso Service, your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or your violation of any law or the rights of a third party. We reserve the right to assume control of the defence of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

If you are using the Viliso Service on behalf of a business, that business warrants that it is duly incorporated and registered in accordance with the laws of any jurisdiction and that it accepts these Terms. It will hold Viliso and its affiliates, officers, agents, and employees harmless from any claim, suit, or action arising from or related to the use of the Viliso service or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

Waiver

Our failure to exercise or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Viliso. Any single or partial exercise of any right, power or privilege shall not preclude any other or further exercise thereof.

Email Notice

Any notice or other communications provided by us under these Terms will be given by e-mail or by posting to the Viliso Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

Severability

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable part or provision shall be deemed as unwritten, and the other provisions of these Terms will remain in full force and effect.

Governing Law and Jurisdiction

This Agreement is subject to applicable Indian laws and all disputes if any, are subjected to Mumbai jurisdiction.

Entire Agreement

These Terms constitute the entire agreement and understanding between us in relation to your use of and access to the Viliso Platform and Viliso Services.

Assignment

We reserve the right to transfer, assign, dispose of by novation or subcontract all or any rights of obligations under these Terms as long as your rights under these Terms are not affected. You may not assign or transfer your rights or obligations under these Terms in anyway without our written consent.

This Privacy Policy discusses how we, Viliso Technologies Pvt Ltd, collect, use, process, and disclose your information, including personal information, in relation to your access to and use of the Viliso web and mobile applications and its related services (“Viliso System”).

We ask for and collect the following type of information when you use the Viliso System. Without it, we may not be able to provide you with our services.

Information you provide us

Account Information

When you create an account on the Viliso System, you voluntarily provide your first name, last name, email address, password, and time zone. You may also voluntarily indicate your birthday and gender to allow us to provide you with a more personalized experience on the Viliso System. We will not use your personal information for any other purpose without your consent.

Set-Up Information

When you set-up your device, you voluntarily provide its time zone. This ensures that you are able to accurately view all your current and historical air quality measurements and data based on the local time they have occurred.

Payment Information

If you purchase a Viliso device on our website, you provide your payment information, particularly your first name, last name, e-mail address, phone, billing address, credit card number, card expiration date, and card security code. We do not store payment information on our databases, servers, and systems. We store your delivery address, which you provide, solely to fulfil your order.

Personal Health Information

By logging into your account, we will request for your explicit consent if you wish to voluntarily input your respiratory conditions on the Viliso System. This allows you to keep a record of your respiratory health issues. We will not use your recorded respiratory conditions for any purpose without your consent.

Information we receive from your use of the Viliso System

 Device Information

When your device syncs with the Viliso System, air quality data recorded on your device is transferred from your device to our databases. This allows you to access all your current and historical air quality measurements and data to see how your habits and activities affect your indoor environment.

Cookie Data

When you visit our website, we use cookies to help us remember your settings and preferences to provide you with a more seamless experience on the Viliso website.

How We Use Information

We use, store, and process the information we collect for the following purposes:

Provide, Maintain, and Improve the Viliso System

We use the information we collect to allow you to access and personalize the Viliso System, to measure your current and historical air quality measurements and data, and to provide customer support; to aggregate and anonymize air quality measurements for industry and market analysis, geographic profiling, marketing and advertising, and other business purposes; and to improve the Viliso System to troubleshoot and protect against errors, perform analytics, conduct research, and develop new features.

We use cookies to provide you with a convenient user experience on our website as discussed in the Cookie Data subsection.

The information and data are processed and stored in our operating offices, databases, and servers located around the world as discussed in the Data Transfers section.

Promote Safety and Security

We use the information we collect to verify and authenticate information you have provided, detect and prevent fraud, spam, abuse, security incidents, and other harmful activity, respond to legal requests or claims, conduct audits and risk assessments, and enforce our terms and policies.

Communication with you

We use the information we collect to respond to your emails, and to send you service messages, updates, security alerts, and account notification when you log on to your Viliso account and use the Viliso System.

With your consent, we will send you marketing materials to the e-mail associated with your Viliso account. If you wish to stop receiving marketing materials at any time, please click “Unsubscribe” at the bottom of each e-mail.

How Information is Shared

When you use your Viliso account, you can authorize us to share your current and historical air quality measurements and data with your family and friends.

We may preserve and disclose information to law enforcement agencies and government agencies only if we believe that disclosure is reasonably necessary to comply with a law, regulation, or legal request to assert legal rights or defend against legal claims; to prevent, detect, investigate, or otherwise address illegal activity, fraud, abuse, violations of our terms, or threats to security to the Viliso System, or of any person.

We may also share aggregated and anonymized information on air quality measurements for industry and market analysis, geographic profiling, marketing and advertising, and other business purposes.

How Long Personal Information is Stored

We store your personal information only so long as we need it to provide our services and to fulfil the purposes described in this Privacy Policy. When you have requested us to delete your Viliso account and there is no need for us to keep it to comply with legal or regulatory obligations, we will remove your personal information from our databases and back-up and archiving systems.

Your Rights

The Viliso account you voluntarily created allows you to access, modify, control, and delete your personal information.

Accessing and Modifying Your Personal Information and Data

By logging into your account, you can access and modify your personal information, such as your first name, last name, e-mail, password, and time zone. If you have provided us with your birthday and gender and have recorded your respiratory conditions according to the Personal Health Information section, then you can access and modify the information as well. If you wish to download your Account Information and Personal Health Information in a commonly used file format, please let us know at contact@viliso.in

You can access and view all your Device Information on the Viliso mobile application. If you registered for Special services, you may also access and view it on the Viliso web application.

Controlling Your Personal Information

The Viliso web and mobile applications allow you to unpair your Viliso device from your account at any time.

If you consented to receive marketing communications from us, you can ask us to stop using your Account Information for this purpose by unsubscribing as described in the How We Use Your Information section.

Deleting Your Personal Information

You can delete your Viliso account at any time. We will delete your Account Information and Personal Health Information, from our servers and back-up and archiving systems as discussed in the How Long Personal Information is Stored section.

Our Policy for Children

Children under the age of 13, or any higher minimum age in the jurisdiction where the child resides, are not allowed to use the Viliso System. You may do so if you provide us with verifiable parental consent allowing you to do so. Parents who believe that their child has provided us with personal information and would like to have it deleted, please contact us at contact@viliso.in

Information Security

We keep your data safe from unauthorized access, loss, destruction, or alteration by constantly updating administrative, technical, and physical security measures. We use 128-bit AES encryption to safeguard your information. If you have any security-related concerns, please contact us at contact@viliso.in

Data Transfers

We operate nationally /internationally. By using the Viliso System, you authorize us to transfer and store your information in other countries for the purposes described in this Privacy Policy. Please note that the countries where we operate may have privacy and data protection laws that differ from the laws of your home country. If you wish to withdraw your consent on the transfer of your personal information, you can delete your Viliso account at any time.

Changes to the Privacy Policy

We may change the Privacy Policy from time to time. Any changes shall be posted on this page. We shall notify you of any material changes to this Policy and give you an opportunity to review and comment on any revisions before deciding if you would like to continue using the Viliso system. We will let you know of any material changes via an alert on the Viliso system or email to the email address associated with your Viliso account.

Contact Us

If you have questions about this Privacy Policy, or about our use of your information, please contact us at contact@viliso.in