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Welcome to CMOB,
Before accepting this agreement, please read this agreement carefully. Your acceptance will confirm that you
have fully read and understand the terms, especially the limitation or exemption clauses. The limitation or
exemption clauses will be prompted to your attention in bold or other eye-catching forms. If you have any
questions about the terms of this agreement, please contact the relevant business department of Aditya
Infotech Ltd (hereinafter referred to as “CP Plus”, “the Company”, “we”,”us” or “our”) for inquiries. Unless
you have read and accepted all terms of this agreement and related agreements, rules, etc., you have no right
to use this service. Once you select "Agree Agreement and Submit" (see the registration page for specific
wording) and complete the registration process, or you use this service in any way, you are deemed to have
read and agreed to be bound by the above agreements, rules, etc. If you violate this Agreement in any way, we
have the right to unilaterally take measures such as restricting, suspending or terminating the provision of
services to you at any time based on your violation, and has the right to pursue relevant responsibilities
against you.
This service agreement (hereinafter referred to as "this agreement") is signed between you and Aditya
Infotech ltd. Including but not limited to CMOB Privacy Policy" and other contents. If there are any changes,
our company will make an announcement on the website without prior notice. Once the changed agreement and
rules are announced, they will automatically take effect and become part of this Agreement without further
notification to you for your consent. If you do not agree to the relevant changes, please immediately
deactivate CMOB’s services; if you continue to use it, you will be deemed to have no objection to the revised
rules and agree to abide by them.
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Definitions
- Licensed software: refers to the software system developed by our company for you to
download from the platform and install and use in a limited system mobile terminal.
- Service: The service provided by Aditya Infotech Ltd. You can use the service on mobile
terminals through licensed software.
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Serve
CMOB provides You with software-enabled smart device management and related services that allow You to
remotely access, monitor, configure, manage, and control compatible CP PLUS smart devices and other supported
equipment connected to the CMOB platform. The service may include smart device management, scene linkage,
analysis reports, etc. The Company may optimise, modify, update, suspend, or discontinue any feature or
functionality from time to time for technical, security, maintenance, legal, or operational reasons decided at
the sole discretion of the Company.
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Scope of Use
- Our company grants You with the limited, non-exclusive, non-transferable, and revocable and limited
license to use the Software solely in accordance with this Agreement.
- You shall not (i) license, sublicense, sell, assign, lease, rent, lend, distribute, publish, transfer or
otherwise make the licensed software available to any third party; (ii) copy, reproduce, modify, adapt,
translate or create derivative works of the licensed software; (iii) reverse engineer, decompile,
disassemble or otherwise attempt to derive the source code of the licensed software, except to the extent
expressly permitted by applicable law; (iv) remove, alter or obscure any copyright, trademark or other
proprietary notices; (v) use the licensed software for any unlawful, unauthorized or prohibited purpose; or
(vi) commercially exploit the licensed software except with Our prior written authorization.
- Due to software adaptation platform and terminal restrictions, You can only use the licensed software on
authorized system platforms and terminals. If you install the licensed software on unsupported or
unauthorised terminal devices, it may cause damage to your hardware or software functions.
- Unless expressly authorized by Us in writing, You shall not install, use or operate the licensed software
for any other commercial purpose.
- The company may amend upgrade or transfer the Licensed Software and its related functions from time to
time, and may add new functions or services to the Licensed software.
- You are responsible for the accuracy, reliability, authenticity, completeness and legality of the data
uploaded, stored, transmitted or otherwise processed by You through the licensed software, as well as the
legality of the manner in which such data is collected and used and You should regularly back up data,
information, etc. You bear all risks for damage or loss of such data.
- You should keep Your account credentials including Your username and password, secure and confidential. If
You find that there is a security risk in your account (including but not limited to user password leakage),
You should notify the Company immediately, and the Company will assist You in taking relevant measures.
Otherwise, You are responsible for all actions under your account, and you bear all responsibilities.
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Third party Software
- The Software may include or require the use of third-party software, technology, or services which may be
licensed to You under this Agreement or under separate terms applicable to such third-party technology or
services.
- You understand that the Company cannot guarantee that the licensed software will permanently include or
support any particular third-party software, technology, or services, nor is the Company obligated to
continue using any particular third-party provider or service. The Company may, at its discretion, replace,
modify, suspend, or discontinue any such third-party software, technology, or services and may use similar
services provided by other third parties. This Clause shall apply upon Your access to or use of the
applicable software or service.
- The Company shall not be responsible or liable for any loss, damage, claim, or liability arising from or
relating to Your access to, reliance upon, or use of any Third-Party Content or services, including any
third-party intellectual property infringement, privacy violation, or other claim arising from such
third-party software or services, except to the extent caused by the Company's wilful misconduct or as
otherwise required under applicable law.
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Acceptable Use and User Restrictions
- You shall use the Licensed Software in accordance with this Agreement and all applicable laws and
regulations and shall not use the licensed software in any manner that: 1) Introduces, transmits, upload any
computer viruses, worms, malicious codes, software that deliberately damages or changes computer systems or
data; 2) Collects, accesses, monitors, stores, or otherwise processes personal information or data of any
other person without appropriate authorization or in violation of applicable law; 3) Use this product
maliciously in an automated manner, causing excessive burden on the server or otherwise interfering with or
damaging the website server and network links; 4) Attempt any unauthorized access to the Software, server
data or communication data of this product; 5) Interfere with, disrupt, or destroy the use, security of
other users.
- You understand and agree: 1) If the Company reasonably believe that You have violated this Agreement,
applicable law, or any applicable usage requirements, the Company may, to the extent permitted by applicable
law, investigate such suspected violation and take appropriate measures, including issuing a warning,
restricting access to, suspending, or terminating Your access to or use of the Software, without prejudice
to any other rights or remedies available to the Company; 2) The Company may directly delete, disable any
information that is suspected to be illegal, harmful or violating this Agreement. 3) If your violation of
the above usage regulations causes damage to any third party, you need to bear legal responsibility
independently in your own name and ensure that our company is protected from losses or additional expenses.
Otherwise, our company has the right to take legal action against you. 4) if Your breach of this Agreement
or applicable law causes the Company to incur any loss, damage, liability, penalty, cost, or expense, You
shall be responsible for compensating Us for such loss, damage, liability, penalty, cost, or expense.
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User Content and Data
You shall not upload, transmit, store, publish, or otherwise make available through the Software or
Services any content or data that:
- violates any applicable law or regulation;
- infringes or violates the intellectual property, privacy, confidentiality, or other legal rights of any
person;
- is fraudulent, defamatory, threatening, abusive, obscene, sexually explicit, or otherwise unlawful or
harmful;
- contains malicious code, viruses, malware, or other harmful components; or
- is otherwise prohibited under applicable law or this Agreement.
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Privacy Policy
- Protecting Your personal information is important to Us. The collection, use, storage, processing,
disclosure, and protection of Your personal information in connection with the Software and Services shall
be governed by the Privacy Policy, which forms an integral part of this Agreement. You are advised to read
the CMOB Privacy Policy carefully before using the Software and Services.
- You shall ensure that any personal data or other information provided, uploaded, accessed, or processed by
You through the Software and Services is collected and used in compliance with applicable laws and that You
have obtained all necessary consents, permissions, or authorizations, where required.
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Disclaimer
- The Software and Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the extent permitted by
applicable law, the Company does not warrant that the Software or Services will be uninterrupted,
error-free, secure, accurate, or available at all times.
- The Company shall not be responsible or liable for any failure, delay, interruption, or loss arising from
circumstances beyond its reasonable control (“Force Majeure”) or from the acts or omissions
of third parties, including network or Internet service providers.
- The Company shall not be liable for any indirect, incidental, special, consequential, or punitive loss or
damage, or any loss of profits, revenue, business, goodwill, or data, arising out of or in connection with
the Software or Services.
- Any unauthorized, modified, or unofficial version of the Software not developed, distributed, or expressly
authorized by the Company is not authorized by the Company. The Company shall not be responsible for any
loss or damage arising from Your use of such unauthorized software and may suspend or terminate Your access
to the Software or Services in accordance with this Agreement
- You acknowledge that Internet-based services may be affected by circumstances beyond the Company's
reasonable control, including natural disasters, fire, flood, epidemic or pandemic, riot, cyberattack,
network or telecommunications failure, power failure, government action, or other events beyond the
Company's reasonable control. The Company shall not be liable for any suspension, interruption, delay,
restriction, or inability to access or use the Software or Services resulting from such circumstances.
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Termination
- You shall use the Software and Services in accordance with this Agreement and applicable laws. We may in
our discretion suspend or terminate Your access to the Software or Services if You materially breach this
Agreement, misuse the Software or Services, or engage in any unlawful or unauthorized activity.
- The Company may also suspend or restrict Your access to the Software or Services where reasonably
necessary to protect the security, integrity, or operation of the Software or Services, prevent unauthorized
access, fraud, or misuse, or comply with any applicable law, regulatory requirement, or direction of a
competent authority.
- Upon termination or expiry of this Agreement, You shall immediately cease using the Software and, where
applicable, uninstall and delete all copies of the Software in Your possession or control.
- Termination shall not affect any rights or obligations accrued prior to termination or any provisions
which by their nature are intended to survive termination. You shall be responsible for any loss or damage
caused to Us by Your breach of this Agreement, to the extent permitted under applicable law.
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Governing law
The validity, interpretation, modification, execution, and dispute resolution of this Agreement shall be
governed by and construed in accordance with the laws of India. Any dispute arising out of or related to this
Agreement shall, to the extent possible, be resolved through good-faith negotiations between You and the
Company. If the dispute cannot be resolved through such negotiations, the courts at Delhi, India shall have
exclusive jurisdiction.
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Intellectual Property Rights
The Software, Services, and all related intellectual property rights, including copyrights, trademarks,
designs, source code, object code, documentation, and other proprietary rights, are and shall remain the
property of the Company or its licensors. Except for the limited licence expressly granted under this
Agreement, no rights or ownership in the Software or such intellectual property are transferred to You.
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Miscellaneous
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Entire Agreement: This Agreement, together with the CMOB Privacy Policy and any other terms
expressly incorporated herein, constitutes the entire agreement between You and Us in relation to the
Software and Services and supersedes all prior understandings or communications relating to the same.
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Amendments: We may modify or update this Agreement from time to time. Any revised version
shall be effective upon its publication through the Software, website, or other appropriate means. Your
continued use of the Software or Services after such changes shall constitute Your acceptance of the revised
Agreement.
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Assignment: You shall not assign, transfer, or otherwise dispose of any of Your rights or
obligations under this Agreement without Our prior written consent. We may assign or transfer this
Agreement, in whole or in part, to an affiliate or in connection with any merger, restructuring, sale, or
transfer of all or part of Our business or assets.
- Waiver: No failure or delay by Us in exercising any right or remedy under this Agreement
shall constitute a waiver of that right or remedy.
- No Partnership: Nothing in this Agreement shall be construed as creating any partnership,
joint venture, agency, employment, or other similar relationship between You and Us.
- Notices: Any notices under this Agreement may be provided through the Software, website,
registered email address, or other electronic means made available by the Company.
- Survival: Provisions which by their nature are intended to survive termination or expiry
of this Agreement, including provisions relating to intellectual property, confidentiality, disclaimers,
limitation of liability, indemnity, and dispute resolution, shall continue to remain in effect.