Terms of Service

Terms of Service

 

This is an Agreement (the “Agreement”) between the Subscriber (hereinafter referred to as “the Subscriber”) and 56 AI Private Limited, a Company Incorporated under the Companies Act, 2013 (hereinafter referred to as “56Secure”).

In this Agreement, “System” means the Security Camera installed on the Subscribers premises by 56Secure. The ownership of the System at all points in time shall vest with 56Secure and shall be accordingly leased to the Subscriber for the duration of the subsistence of these ‘Terms of Service’.

In this Agreement, the Subscriber and 56Secure shall individually be referred to as “Party” and collectively be referred to as “Parties”.

“Services” mean the services the Subscriber have selected to receive from 56Secure, including any Quick Response Services (as described in Clause 23 below), Video-Related Services (as described in Clause 21 below), Account Management Services (as described in Clause 20 below and Security Guard Services (as described in Clause 22 below)

“Premises” means the premises at which the System is located.

The term “Subscriber,” as used in this Agreement, means any Private Individual/ Resident Welfare Association/Apartment Association who desire/s to enhance the security at their home/s residence by employing the compliant security services that 56Secure has to offer and who avails or uses the Services, including any person granted access to use or avail of the Services by the Subscriber.

Please read these terms and conditions carefully. These are the terms and conditions under which 56Secure is willing to provide the Subscriber the Services. This Agreement contains important disclaimers, limitations of liability and indemnity obligations applicable to the Services.

By clicking the “Submit” button below or using any of the Services, the Subscriber agrees that he/she/them have read this Agreement and are legally bound by this Agreement, including the disclaimers, limitations of liability and indemnity obligations below.

The 56Secure Privacy Policy available at its website is incorporated by reference into this Agreement.

 

  1. Services, Eligibility, and the Subscriber’s Account

 

(a) 56Secure will provide the Subscriber the Services subject to the terms of this Agreement.

 

(b) Only individuals age 18 and older are permitted to Subscribe for the Services and register for an Account.

 

(c) To use the Services, the Subscriber must register for an Account (hereinafter referred to as “Account”) and provide certain information about themselves as prompted by the Registration Form. All information related to the Subscriber’s Account is subject to the terms of this Agreement and the 56Secure Privacy Policy available on its website. The Subscriber is entirely responsible for maintaining the confidentiality of the Subscriber’s Account login information and for all activities that occur under the Subscriber’s Account. The Subscriber agrees to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with their Account, and to maintain the password securely to prevent others from gaining access without their permission. The Subscriber agrees to immediately notify 56Secure of any unauthorized use, or suspected unauthorized use, of their Account or any other breach of its security. 56Secure is not liable for any loss or damage arising from the Subscriber’s failure to comply with the above requirements.

 

  1. Term and Termination

 

The term of this Agreement will continue until this Agreement is terminated pursuant to the below Clauses. Services provided by 56Secure can be availed by the Subscriber on a month to month basis and consideration for said service will be paid at the start of every calendar month. Hence, these Terms of Service will stand renewed on a monthly basis provided that consideration for the service is paid upfront in full by the Subscriber. In case the Subscriber fails to make payment for the Services, 56Secure will cease to provide the service and these ‘Terms of Service’ will stand terminated from the date of nonpayment.56Secure or Subscriber may terminate this Agreement without assigning any reason following notice sent to the other as set forth below.

The Subscriber shall provide notice of termination to 56Secure by (1) either calling or sending a text message to 56Secure Customer Support at_______________ and following the instructions provided. Such notice by Subscriber shall be effective upon 56Secure’s receipt thereof. 56Secure shall provide notice of termination to Subscriber by e-mail sent to the email address on file with 56Secure for the Subscriber’s current online account. 56Secure’s termination shall be effective when 56Secure sends the e-mail notice.

Upon termination of the Agreement, 56Secure shall have no further obligation to the Subscriber and the Subscriber shall have no further obligation to 56Secure other than (i) the obligation respecting the payment of any money due to 56Secure for services rendered; and (ii) the obligations set forth in below mentioned Clause. Notwithstanding the foregoing, 56Secure shall not refund any service charges with respect to any partial calendar month following any termination. There shall be no termination fees.

 

  1. Payment for Services

 

The Subscriber shall pay 56Secure the periodic subscription service charge in advance as per the plan which it chooses. The Subscriber authorize 56Secure to charge their credit/debit card for the periodic (e.g., monthly, quarterly or annually) subscription service charge as and when due. If the charges are declined, 56Secure shall resubmit the charges for approval and notify the Subscriber of the declined charges by e-mail. If the subscription service charges are not approved and the Subscriber does not make payment, 56Secure may, in its sole discretion, discontinue the Services without notice at or after the end of the ten (10) day period. If the Subscriber otherwise does not pay any charges when due, 56Secure may, in its sole discretion, terminate this Agreement and/or discontinue services without notice.

 

  1. Insurance

 

56secure’s service charges are based solely on the value of services provided and are not insurance premiums and are not related to the value of property located on or near the premises. The Subscriber acknowledge and agree that 56secure is not an insurer and shall not provide insurance coverage against any losses, as defined below. To the extent the Subscriber wishes to have any insurance coverage for losses, as defined below, it is the Subscriber’s responsibility to procure and maintain separate insurance policies from an insurance company or companies, solely at their cost and expense, covering all loss, damage or expense (collectively, “losses”), including all property damage, personal injury (including death), economic losses or any other form of loss, damage or expense, arising out of or in connection with, due to, or caused in whole or in part by (i) this Agreement, including any breach of any representation, warranty, covenant or obligation arising hereunder (ii) the System, (iii) the Services (including third-party products and services), (iv) product or strict liability (v) the loss or damage to or malfunction of facilities necessary to operate the system, transmit any signal to or receive signals at any monitoring facility, (vi) a claim for subrogation, indemnification or contribution, (vii) a violation of any applicable Consumer Protection Law or any other theory of liability or alleged fault on the part of any 56secure party, (viii) a violation of any law prohibiting the interception of oral communications by electronic means, (ix) the actions of any third party in responding to a signal from the system, or (x) any unauthorized access, use or disclosure of the Subscriber ‘s personal information (collectively, the “covered claims”). Recovery for any losses, as defined in this Clause 4, shall be limited to the insurance the Subscriber purchase separately from an insurance company, if any.

 

  1. Limitations of Liability and Release

 

By agreeing to these terms, the Subscriber is  releasing 56secure, its affiliates, directors, officers, shareholders, employees, subcontractors, agents and representatives (collectively, the “56secure parties”), together with any providers of third-party Products and Services (as hereinafter defined), on the Subscriber’s behalf and on behalf of all others who make claims under this Agreement from all liability arising out of or in connection with, due to, or caused in whole or in part by any covered claim, as defined in Clause 4. Under no circumstances will 56secure be responsible or liable to the Subscriber for consequential or incidental damages including without limitation, damages for personal injury, death or damages to property.

  • Notwithstanding the foregoing, even if any 56secure party is found liable for any losses, as defined in section 4, arising out of or in connection with, due to, or caused in whole or in part by any covered claim, as defined in Clause 4, any such liability shall be limited to the maximum sum of INR 1,00,000 rupees + return all the Subscription Charges maximum of upto 1 year).

 

This limitation is cumulative and will not be increased by the existence of more than one incident or claim. 56secure disclaims all liability of any kind of 56secure’s licensors and suppliers. 56secure and the Subscriber acknowledge and agree it is impractical and extremely difficult to determine the actual damages, if any, that may result from a failure by 56secure to perform any of its obligations.

 

  1. No warranties

 

The services are provided for the Subscriber’s convenience, “as is” and “as available”, and 56secure and its licensors and suppliers expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, accuracy and non-infringement.

 

  1. Release of Insured Losses; Waiver of Subrogation

 

The Subscriber releases 56Secure for all Losses covered by the Subscriber’s insurance policies and for all insurance deductibles. The Subscriber also waives and release any subrogation and other rights the Subscriber or the Subscriber’s insurance company may have against 56Secure for money paid by or on behalf of the Subscriber.

 

  1. Indemnification

 

If anyone other than the Subscriber (including their insurance company) asks 56secure and/or its trusted and bona fide third parties to pay for any losses, as defined in Clause 4, including advocate’s fees, arising out of or in connection with, due to, or caused in whole or in part by any covered claim, as defined in Clause 4, including negligence by the Subscriber , the Subscriber   shall indemnify, defend and hold such 56secure and/or its trusted and bona fide third parties harmless for all losses, as defined in Clause 4, including advocate’s fees, asserted against or incurred by 56secure and/or its trusted and bona fide third parties.

 

  1. Communications Equipment and Services

 

The System is designed to transmit signals to a monitoring facility through certain communications equipment and services, including broadband, cellular, wireless and/or landline telephone equipment and services (collectively, the “Communications Equipment and Services”). Regardless of the form of Communications Equipment and Services used, the Subscriber understands that the Communications Equipment and Services may be interrupted, circumvented, unavailable (for a limited or extended time period) or otherwise compromised, including as a result of equipment designed or used by a trusted and bona fide third party for the purpose of causing false alarms or gaining unauthorized access to or otherwise affecting or controlling the Communications Equipment and Services or any Video-Related Services. If the Communications Equipment and Services are inoperative or interrupted by any cause, there will be no indication of such at the monitoring facility and the monitoring facility will not receive a signal from the System. The Subscriber must test the System’s data transmission with the monitoring facility at least monthly and immediately after the installation, modification or repair of any Communications Equipment or Service. (If DSL, VOIP or other form of broadband telephone equipment and services are used, such equipment and services should be installed on a telephone line and number that is not used by the System to transmit data to the monitoring facility). The Subscriber’s access to, and availability of the Application is dependent on (i) the Subscriber’s Wi-Fi network, Bluetooth connection, and Internet service provider.

 

The Subscriber expressly understands and agrees that they have no contractual relationship whatsoever with the underlying wireless service provider (the “underlying carrier”) or its affiliates or contractors and that the Subscriber are not a third party beneficiary of any Agreement between 56secure and the underlying carrier. In addition, the Subscriber acknowledges and agrees that the underlying carrier and its affiliates and contractors shall have no legal, equitable, or other liability of any kind to the Subscriber and the Subscriber hereby waive any and all claims or demands therefor.

 

  1. Additional Equipment or Services

 

The Subscriber have selected the System based on their personal considerations (i.e., cost, the condition of the Premises, insurance requirements, etc.). Additional equipment or services, at additional cost, may provide increased security surveillance. The Subscriber agrees that any additional equipment or services provided by 56Secure shall be subject to this Agreement. For example, the Subscriber may request that, upon the receipt of signals from the System, the monitoring facility will notify the Subscriber of such activity (via text message or other form of electronic communication) in addition to or in lieu of providing the Quick Response Services described in Clause 23 hereof.

56Secure will honor any such request provided that they have previously agreed in writing to do so. The Subscriber also agree to pay 56Secure for such additional equipment or services. The Subscriber understands that 56Secure does provide any installation or repair services for the System. The Subscriber shall provide and maintain adequate power for all equipment relating to the System.

 

  1. False Alarms; Suspension of Service and Shut-Down

 

The Subscriber agrees to prevent false alarms and be solely liable for false alarms. The Subscriber shall pay (or reimburse 56Secure) any fines, fees, costs, expenses and penalties relating to the System or Services assessed against the Subscriber, 56Secure or the monitoring facility by any person or entity, including any court or governmental agency or any person or entity acting on the behalf of such court or agency. If (i) the Subscriber defaults under this Agreement and (ii) this Agreement or the Services are terminated by either party for any reason, 56Secure may suspend the Services and the Subscriber authorizes 56Secure to disconnect the System from the monitoring facility. The exercise of any such rights shall not be deemed a waiver of Company’s right to damages.

 

  1. Increase in Charges

 

56Secure may increase periodic recurring charges at any time under this Agreement by sending advance notice of 2 months to the Subscriber by email to the email address on file with 56Secure for the Subscriber’s current online account.

 

  1. Default

 

If the Subscriber defaults under this Agreement, the services to the Subscriber will be terminated and the Subscriber shall pay 56Secure for all reasonable losses in enforcing its rights under this Agreement.

 

  1. Binding Agreement

 

This Agreement shall become binding the Parties only after the commencement of any Services. This Agreement is binding on the Party’s heirs, executors, administrators, successors in interest and permitted assigns.

 

  1. Applicable Law

 

This Agreement shall be governed by and construed according to the laws of India with the relevant laws as applicable to the State of Karnataka without reference to its conflicts of law rules.

 

  1. Assignment

 

The Subscriber shall not assign this Agreement. 56Secure may assign all or any portion of this Agreement to any of its assignees, executors or successors in interest.

 

  1. Late Subscription Service Charges

 

Payment for the subscription services charges are payable on 10th of every month for which the services are availed by the Subscriber with the first subscription service charge payable at the time of installation of the services  . The Subscriber agrees to pay an interest charge of 1 percent per month (twelve percent (12%) per year) for all charges not paid within fifteen (15) days from the day on when the subscription services charges falls due.

 

  1. No Waiver of Breach

 

Waiver of the breach of this Agreement by the Subscriber shall not be a waiver of any subsequent breach. 56Secure’s rights under this Agreement shall be cumulative, may be exercised concurrently or consecutively and shall include all remedies available even if not referred to in this Agreement.

 

  1. Consent to Video Recording

 

The Subscriber, consent to the video recording by the Security Camera as provided with the Services.

Recording video may be unlawful or violate an individual’s rights, including privacy rights. The Subscriber shall not use any of the Video-Related Services, or permit the use of any of the Video-Related Services, for any unlawful purpose. For example, the Subscriber shall not use the System to obtain or record video in any place where a person may have a reasonable expectation of privacy, including restrooms, dressing or changing areas, locker rooms or similar areas. The Subscriber also shall take all steps necessary to alert individuals at the Premises of the possibility of recording video. The Subscriber shall use a form of connectivity to permit the transmission of video, and Listed Codes (as defined below) from the System to 56Secure and any permitted Security Monitoring facility. The Subscriber shall instruct all persons who may use any Video-Related Services or the System of any limitations with respect to the Video-Related Services or the System. The Privacy Policy and Policy Deed of 56Secure is available on the website of 56Secure, namely http://www.56Secure.com/privacy-policy .

 

  1. Account Management Services

 

“Account Management Services” means services relating to the remote management of the System through the website and mobile Application of 56Secure.

 

  1. Video-Related Services

 

“Video-Related Services” consists solely of the following: (i) verification of alarm events to the Security Guard  in connection with the Quick Response Services to be provided pursuant to Clause 23 (“Verification Services”) using video received from the System, (ii) real-time access to video from the System through the website or Mobile Application of 56Secure (“Real-Time Services”) and (iii) storage and retrieval through the Application of recorded video stored on 56Secure secured servers, which storage shall be limited and subject to change (a) in accordance with the terms of the plan the Subscriber has chosen or (b) if the Subscriber did not select a plan that provides for terms regarding storage, at our discretion (“Recorded Services”). Verification Services are intended to assist the Subscriber and any permitted Security Guard to verify an alarm event at the Premises, not to reduce or eliminate any risk of loss.

The Verification Services are provided and shall be used by the Subscriber solely for the verification of alarm events at the Premises and no other purpose.

Security Guard will not have access to the Real-Time Services or Recorded Services unless (1) the Subscriber has granted Security Guard such access through the website or Mobile Application of 56Secure and (2) such video is received at the Security Monitoring Facility in connection with the Quick Response Services.

 

  1. Security Guard Services

 

56 Secure partners with only PASARA (Private Security Agencies Regulation Act, 2005) compliant agencies and as a part of their policy, they recruit Security Guards with only thorough police verification done who are well trained to handle all security related duties, respond to any known civilian security threats & adhere to 56Secure’s Standard Operating Procedure(SOP) by ex-servicemen and are supervised by team that has more than decades of experience in professional private security.

The Security Guards shall have minimum of 5000Hrs of professional guarding experience in locations such as tech parks and sensitive installations trained.

56Secure shall ensure that any misbehavior including use of vulgar language by the Security Guard once detected or reported by the Subscriber will necessitate strict action been taken against the Security Guard as per applicable law.

  • If the Security Guard is found to not discharge necessary duty as per 56’s SOP, basis on the Subscriber’s complaint, 56 shall inspect and change the guard and take corrective actions as personal its SOP.

If Security Guard commits a theft and it is establishedd that the Security Guard committed it on the basis of 56secure’s internal investigation or evidence provided or on the basis on a police report,56secure as per Limitation of Liability and Release as stated above in Clause 5 would compensate the Subscriber upto a sum of INR 1,00,000 rupees + return all the Subscription amount (of upto 1 year)

If Security Guard commits any assault / harassment or issue caused to any Subscriber which on been found to be true by 56’s internal investigation or evidence or via a police report will result in strict action against the Security Guard as per SOP.

  • If the Security Guard commits any crime, 56Secure shall duly report the matter to the police and cooperate in investigation by any and every law enforcement agency as per the due process of law.

 

  1. Quick Response Service

 

” Quick Response Services” shall be provided in accordance with this Agreement and consist solely of Security Guard attending to the event which has occurred at the Subscriber’s premises upon the receipt of signals from the System reporting Specific Conditions (“Listed Codes”) from the Subscriber’s premises to the Quick Response Team of 56 Secure who shall automate a message trigger to the Police, Ambulance or Fire Services depending upon the event occurring at the Subscriber’s premise and shall provide any emergency assistance services which is not a replacement to Police, Ambulance or Fire Services as per the plan chosen by the Subscriber.

56Secure shall provide Emergency Dispatch Services only for Listed Codes.

56Secure’s obligation to provide Quick Response Services shall be satisfied by the Call Centre Executives who shall automate a message trigger to the Police, Ambulance or Fire Services depending upon the event occurring at the Subscriber’s premise and shall provide any emergency assistance services which is not a replacement to Police, Ambulance or Fire Services as per the plan chosen by the Subscriber.

The Security Guard will not contact the Police, Ambulance or Fire Services on the Subscriber’s behalf.

 

  1. Consent to Communicate

 

The Quick Response Services require that 56Secure Quick Response Team to communicate with Police, Ambulance or Fire Services will communicate with Police, Ambulance or Fire Services at the telephone number as prevailing . The Subscriber will (i) inform the Police, Ambulance or Fire Services that we will communicate with them at such numbers; and (ii) obtain permission from the Police, Ambulance or Fire Services that we may communicate with them at these telephone numbers.

The Subscriber will indemnify, defend and hold us harmless (without any condition that we first pay) for any Losses (as defined in Clause 4 of this Agreement), including our reasonable advocate’ fees, arising out of or in connection with, due to or caused in whole or in part by, any claims asserted against us in connection with or as a result of our communications with any of the Police, Ambulance or Fire Services, including any claim under any consumer protection or any other law.

 

  1. Alarm Verification Prior to Dispatch

 

Upon receipt of a Listed Code and before calling any Police, Ambulance or Fire Services , the Quick Response Team may, in their sole discretion, take any one or more of the following steps in an attempt to verify the need to report the Listed Code to the  Police, Ambulance or Fire Services , (collectively, the “Alarm Verification Steps”): (i) telephone or attempt to telephone the Subscriber’s Premises, (ii) if we have access to Real-Time Services or Recorded Services, receive, retrieve and review video recording from the System, or (iii) undertake such other reasonable steps to verify the need to report the Listed Code.

Following any one or more of the Alarm Verification Steps, the Quick Response Team may, in their sole discretion, determine to report (or not report) a Listed Code to the Police, Ambulance or Fire Services. In addition, if the Quick Response are unable to verify the need to report a Listed Code to the Police, Ambulance or Fire Services,  the Quick Response Team shall have no obligation to report such Listed Code. Quick Response Team shall have no obligation to review or monitor any video from the System for any time that is not immediately before or after receipt of a Listed Code.

 

  1. Alarm Cancellation

 

Upon receipt of any current cancellation code set in accordance with the SOP for the System to disregard the receipt of a Listed Code, the Quick Response Team may, in their sole discretion, determine not to report a Listed Code to the Police, Ambulance or Fire Services.

 

  1. 27. Data Storage

 

The Subscriber’s Account provides the Subscriber with access to certain data stored by 56Secure. The Subscriber agrees that 56Secure may delete any data delivered to us when (i) any storage period that applies to the Subscriber’s account expires, (ii) this Agreement is terminated or expires or (iii) the Subscriber delivers a written request pursuant to Clause 40 and such deletion is not prohibited by any applicable law, regulation, regulatory authority or other applicable judicial or governmental order. Notwithstanding anything contained herein to the contrary, 56Secure is not responsible for any change to or loss of any data.

 

  1. Mobile Application

 

The Subscriber acknowledges and agrees that the availability of the Mobile Application is dependent on the third party websites from which the Subscriber download the Application, e.g. the App Store from Apple or the Android app market from Google (hereinafter referred to as “Application Store”). The Subscriber acknowledges that this Agreement is between the Subscriber and 56Secure and not with an Application Store. Each Application Store may have its own terms and conditions to which the Subscriber must agree before downloading mobile applications from it. The Subscriber agrees to comply with, and the Subscriber’s license to use the Application is conditioned upon the Subscriber’s compliance with, such Application Store terms and conditions.

To the extent such other terms and conditions from such Application Store are less restrictive than, or otherwise conflict with, the terms and conditions of this Agreement, the more restrictive or conflicting terms and conditions in this Agreement apply. 56Secure shall not charge the Subscriber any additional fees for the Subscriber to receive and download the Mobile Application; however, the wireless service provider may charge a fee for air-time or data usage associated therewith. The Subscriber shall check with their wireless carrier if they have questions about their wireless plan.

 

  1. 56Secure-Provided Interface to Third-Party Products, Applications and Services

 

From time to time, 56Secure may provide the opportunity for the Subscriber to interface the 56Secure System, Services, Mobile Application, Account, Website, Quick Response Team or other 56Secure product, service, functionality or service element (collectively, the “56Secure Platform”) to one or more third-party products, services or applications (including their respective Mobile Applications (if any) , collectively, “Third-Party Products and Services”), through and using the 56Secure Platform, for example the 56Secure Amazon Alexa Skill, August Smart Lock, Apple Watch or Google Assistant (as and when each is introduced). The Subscriber shall decide whether and with which Third-Party Products and Services the Subscriber wants to interface.

The Subscriber’s explicit consent and authorization is required for this interface, which may be revoked or disabled by the Subscriber at any time. Notwithstanding the foregoing, and to the maximum extent permitted under applicable law, by (i) downloading and installing the 56Secure Mobile Application on these Third-Party Products and Services and/or any related or connected third-party mobile devices or product peripherals, and/or (ii) enabling or authorizing 56Secure notifications or other information to be transmitted to them, the Subscriber’s consent and authorization to the corresponding/underlying Third-Party Products and Services, related interfaces and data exchange may be deemed to have been provided.

Once the Subscriber’s consent is given for a particular Third-Party Product and Service, the Subscriber agrees that 56Secure may exchange information and control data regarding the Subscriber and their products, including the Subscriber’s personal information, in order to enable the interface to the Third-Party Products and Services the Subscriber have authorized.

Once this information is shared with the particular Third-Party Product and Service, its use will be governed by the third party’s Privacy Policy and not by 56Secure’s Privacy Policy. The Subscriber acknowledge and agree that 56Secure makes no representation or warranty about the quality or safety of any Third-Party Products or Services or the interface with Product and Services and that the use or performance of the Third-Party Products or Services shall be subject to the third party’s terms of service or like terms.

Accordingly, 56Secure is not responsible for the Subscriber’s use of any Third-Party Product or Service or any personal injury, death, property damage (including, without limitation, to the Subscriber’s home), or other harm or losses arising from or relating to the Subscriber’s use of any Third-Party Products or Services. The Subscriber should contact the third party with any questions about their Third-Party Products and Services.

 

 

  1. End User License and Intellectual Property

 

Subject to the terms and conditions of this Agreement, 56Secure grants the Subscriber a non-exclusive, non-transferable license to access and use the Services by (i) use the Application in connection with, and solely for the purpose of, controlling and monitoring the Services the Subscriber are authorized to receive and/or control or monitor, and (ii) install and use the Application solely on the Subscriber’s own handheld mobile device (e.g., iPhone, iPad, or Android smartphone or other tablet device) and solely for the purposes set forth in this Agreement. There is a risk that unauthorized persons may gain access to the Application and data thereon and the Subscriber agrees to assume such risk. The Subscriber’s consent to our posting alarm event and other status reports in connection with the Service on the Application. The Subscriber will keep confidential all information available on the Mobile Application and all passwords relating to the Mobile Application or access thereto.

This License will continue and be co-extensive with the term of this Agreement except for the Subscriber’s (i) failure to keep confidential all information available on the Mobile Application and all passwords or access codes relating to the Mobile Application or access thereto, (ii) use of the license or the information in any manner that negatively affects 56Secure, (iii) use of the license or the information for any illegal purpose, (iv) breach of this Agreement or (v) violation of any applicable law. The Subscriber will be solely responsible for information the Subscriber delivers, deletes or modifies. Upon termination of this Agreement or termination or suspension of the license by 56Secure, 56secure may immediately, and without notice, disable the Subscriber’s access to the Application and cancel all passwords or other access codes.

The Subscriber will not (a) disclose or make available to third parties any portion of the technology associated with the Services or the Application without 56Secure’s prior written consent, (b) copy, decompile, dissemble, reverse engineer, manipulate, modify, or make derivative works of any technology incorporated in the Services or the Application.

56Secure may from time to time develop patches, updates, upgrades or other modifications (“Updates”) to improve the performance of the Services or the Mobile Application. These may be automatically installed without providing any additional notice or receiving any additional consent. The Subscriber’s consent to this will be automatic updated. If the Subscriber does not want such Updates, the remedy is to terminate the Subscriber’s Account and stop using the Services or the Mobile Application. The Subscriber acknowledges that they may be required to install Updates to use the Services and the Subscriber agrees to promptly install any Updates that 56Secure provides. If the Subscriber fails to install any updates provided by 56secure, the Subscriber’s access to the application and the services may be terminated.

 

Notwithstanding the foregoing, software embedded within any 56Secure System may contain or be provided together with open source software. Each item of open source software is subject to its own Applicable License Terms, which can be found at https://56Secure.com/open-source-disclosures and/or in the software documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein. All rights with respect to such software not licensed to the Subscriber hereunder are fully reserved by 56Secure and/or its licensors.

 

  1. Suspension of Service

 

56Secure’s obligations under this Agreement are waived automatically without notice and the Subscriber release 56Secure for all Losses following any default or breach of this Agreement by the Subscriber or if the Security Guard, or Communications Equipment and Services are destroyed, damaged, inoperable or malfunction for any reason whatsoever, for the duration of such interruption of service, and the Subscriber shall be entitled to a credit of the unearned subscription service charges paid for the period of interruption on the Subscription’s request, which credit shall not exceed more than one month’s subscription service charge and shall be the limit of 56Secure’s liability. If this Agreement is terminated or the Services are suspended or terminated for any reason, the Subscriber shall immediately disconnect the System from all Communications Equipment and Services (e.g., telephone line, radio transmitter, cellular transmitter, etc.). Upon termination of this Agreement or if the Services are suspended or terminated for any reason 56Secure may, in their sole discretion, without notice, and without any liability, remotely disable, disconnect or block the System and data from the System from communicating with the Security Guard.

 

  1. Time Limitation on Actions

 

All claims, actions or proceedings against 56Secure must be commenced in court as per the relevant provision of the Limitation Act, 1963. The time period as per the relevant provisions of the Limitation Act,1963 must be strictly complied.

 

  1. Integrated Agreement

 

This Agreement and any document made a part of this Agreement such as Privacy Deed, Privacy Policy and Terms of Use contains the entire agreement between the Parties respecting the transactions described in such documents and supersedes all prior or current negotiations, commitments, contracts (express or implied) warranties (express or implied) statements and representations, whether written or oral, pertaining to such transactions, all of which shall be deemed merged into this Agreement. Neither Party has made any representation, term, promise, condition, statement, warranty, or inducement (collectively, “inducement”) not expressed in this Agreement respecting the transactions described in this Agreement and any document made a part of this Agreement and, in entering into this Agreement, neither Party is relying on any inducement which is not set forth in this agreement.

 

 

 

  1. Valid Agreement

 

Should any provision of this Agreement (or portion of this Agreement), or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and this Agreement, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and effect as valid, binding and continuing.

 

  1. Modifications

 

Additions, amendments, modifications or deletions to these terms shall not become part of the Agreement unless agreed to in writing by the Parties; provided that 56Secure may add, amend, modify or delete the terms of this Agreement by providing prior written notice of such addition, amendment, modification or deletion on its website at www.56Secure.com/terms-of-service and/or via a notice delivered pursuant to Clause 40 (ii), which amended terms shall be binding upon the Parties.

 

  1. Right to Subcontract

 

Monitoring of the System is provided by a third party independent contractor. Likewise, any Third Party Responder is also an independent contractor. 56Secure may, in its sole discretion, subcontract for the provision of any of the Services under this Agreement. The provisions of this Agreement inure to the benefit of and are applicable to (i) any subcontractors engaged to provide any of the Services to the Subscriber, including any Security Monitoring Facility and any Third Party Responder; and (ii) each of the 56Secure Parties (and any providers of Third-Party Products and Services, if any and solely as applicable), and bind the Subscriber to all such persons or entities listed in the foregoing subsection (i) or (ii) with the same force and effect as they bind the Subscriber to 56Secure.

Any subcontractor 56Secutre engage is an independent contractor and not our partner or joint venture. The Subscriber authorize 56Secure to act as the Subscriber’s agent for purposes of working with, or providing any directions to, any subcontractors with respect to the provision of the Services. The Subscriber authorize 56secure to share the Subscriber’s personal information with our trusted and bona fide subcontractors or Third Parties for the purpose of providing Services under this Agreement.

 

  1. Section Headings; Interpretation.

 

The Clause titles used herein are for convenience of the Parties only and shall not be considered in construing the provisions of this Agreement. When used in this Agreement, (i) the word “including” shall mean “including, but not limited to;” and (ii) the term “sole discretion” shall mean “sole and absolute discretion without any liability.”

 

  1. Right to Notice and Cure

 

If 56Secure breaches this Agreement, the Subscriber shall provide 56Secure shall send a notice either through email or through 56Secure’s Mobile Application specifically identifying the nature of the breach and the provisions of this Agreement affected as a result of such breach. 56Secure may cure the breach within five (5) business days following 56Secure’s receipt of the said notice or, if the breach cannot be reasonably cured within such period, 56Secure may promptly commence to cure and diligently proceed until cured. If 56Secure does not cures any such breach, 56Secure shall be liable to the Subscriber for any reasonable Losses arising out of or in connection with, due to or caused in whole or in part by any such breach.

 

  1. Notices

 

Unless otherwise expressly provided herein, (i) all notices required to be given to 56Secure shall be deemed to have been duly given either through email or through 56Secure’s Mobile Application and (ii) all notices required to be given to Subscriber shall be deemed to have been duly given if sent to the e-mail address on file with 56Secure for the Subscriber’s Account.

 

  1. Severability

 

If any provision of this Agreement is found to be invalid, the remaining provisions shall continue to be in force.

 

  1. Privacy Policy

 

Please refer to 56Secure’s Privacy Policy at its website, namely http://www.56Secure.com/privacy-policy for important information about 56Secure’s collection, use and sharing of Customer’s personal information.