TITAN END USER LICENSE
“Titan Juxt Pro” Application Terms of Use
Last Updated:
Titan Company Limitedlaunchesthe “Titan Juxt Pro” smartwatch (the “Product”) and this mobile application associated with the Product (the “Application”) and other related services at Titan Company Limited’s discretion. Please read these TitanCompany Limited’s Juxt Pro Application Terms of Use (“Agreement”) carefully before using the Application. This Agreement between the user of the Application (“you”) and Titan Company Limited and/or its affiliates (“Titan”) governs your use of the Application. Your use of the Application indicates that you have read and accept this Agreement and agree to be legally bound by it. Your use of the Application is entirely conditioned on and subject to your compliance with this Agreement. If you do not agree with the terms of this Agreement, do not use the Application.
1. Agreement to Contract Electronically.Your use of the Application signifies your agreement to contract with Titan electronically. There may also be separate terms, conditions or limitations applicable to the physical Product that you agreed to when you purchased it, or documentations that accompanied the Product and its physical packaging. In addition, Titan may communicate with you by e-mail or by posting notices on or a related website applicable to your location or country (“Site”). You agree that all such terms, conditions, limitations, notices and other communications that Titan provides to you electronically are all expressly incorporated in this Agreement and must also be observed and followed. Children are not allowed or permitted to use the Application. If you are a child, you must have your parent or legal guardian’s permission to use the Application.
2.Modifications to this Agreement. Titan, in its sole discretion, may change the terms of this Agreement at any time. Titan will post any such updated Agreement on the Site and change the “Last Updated” date above to reflect the date of the change, so please check this Agreement regularly. Titan may also independently notify you, as required by law, of any changes to the Agreement. If you do not accept the Agreement as modified within the time permitted by law, do not use the Application, and your sole recourse shall be to cease using the Application. By continuing to use the Application after we post any such changes, you accept the Agreement as modified. Titan’s obligations with respect to the Application are governed solely by this Agreement. Titan and your obligations with respect to the Site are governed by this Agreement and the Titan Website – Terms of Use and Legal Restrictions (“Titan Website Terms”) that may appear on or be linked to from the Site. In the event of a direct conflict between a provision in this Agreement and a provision in the Titan Website Terms, the provision in this Agreement will prevail. In addition, certain provisions of this Agreement may be superseded by expressly-designated legal notices posted on the Site and, in such circumstances, the expressly-designated legal notice shall be deemed to be incorporated into this Agreement and to supersede the provision(s) of this Agreement that are designated as being superseded.
3.Modifications to the Application. Titan reserves the right at any time to modify the Application, or any part, version or feature thereof, in Titan’s sole discretion without prior notice to you. If you do not accept the modifications, then discontinue using the Application, or use of the Application may be terminated by Titan. Titan may notify you of any material modifications to the Application by sending a message within the Application, by posting a notice on the Site, or by any other means permitted by law. Titan will not be liable to you for any modification, suspension or discontinuation of the Application, or for any failure to notify you of same.
4. System Requirements. Use of the Application requires one or more of the following: compatible equipment (such as the Product), wireless access, Internet access and certain software, and may require obtaining updates or upgrades from time to time. Your ability to use the Application may be affected by the performance of these factors. You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Application and for paying all costs related thereto.
5. Consent to Collection/Use of Data by Titan. You agree that the collection and use of the information collected, including personal information, technical data and data concerning Application usage, shall be governed by Titan’s privacy policy.
6. License Grant. You are hereby granted a limited, non-transferable license to use the Application for a single mobile device that you control. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not reverse engineer, decompile, or disassemble the Application, except and only to the extent that such activity is expressly permitted by applicable law. The terms of this license will govern any upgrades that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Titan reserves all rights in and to the Application not expressly granted to you under this Agreement.
7.Restrictions. You agree that Titan and/or third parties own all right, title and interest in and to the Applications (including all copyrights and trademarks relating thereto). The Application is licensed for use only on a single mobile device, and you may not distribute or make the Application available over a network or for use with multiple devices. You may not modify or alter the Application in any way, and may only use the Application for the purpose as set forth in this Agreement. You agree that you will not attempt to, or assist or encourage any other person or entity to circumvent, disable or modify any security technology or software that is part of the Application or is used on the Product. If applicable law permits you to copy or modify the Application, then you may copy and modify the Application solely to the extent, and for such purposes as, expressly permitted by applicable law. You agree that you will not engage in any activity that interferes with or disrupts the services available through applications you have downloaded. You further agree that you will not use the Application you download to interfere with or otherwise disrupt any servers, networks, websites or services. In addition, you agree not to use the Application or the service provided through the Application to violate any local, state, national or international law or to impersonate any person or entity, or otherwise misrepresent your identity or your affiliation with a person or entity.
8. Termination of this Agreement. This Agreement is effective unless terminated or rejected. This Agreement will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You may discontinue your use of the Application at any time. Titan may terminate or suspend your use of the Application without notice at any time and for any reason, including (i) breach of this Agreement by you or anyone using your Application; (ii) your infringement of Titan’s or others’ intellectual property rights; (iii) conduct Titan believes is harmful to other users of the Application, or to the business of Titan, or (iv) any other circumstance which Titan in its sole discretion determines merits termination. Upon termination of this Agreement (whether such termination is the result of termination by you or by Titan), any rights granted to you under this Agreement will terminate and you must immediately cease all access to and use of the Application and related software. Titan will not be liable to you or any third-party for any termination of your access to the Application.
9. No Responsibility for Third-Party Materials. Certain content, applications, services, products and other materials available via the Application and the Site are from third parties or may include materials from third parties. You agree that Titan is not responsible for any such third party content, applications, services, products or other materials (“Third Party Materials”). Titan does not warrant or endorse and will not have any liability or other responsibility for any Third Party Materials. The Titan Privacy Policy does not apply to third party series/products nor is it in effect at third party websites. Titan is not responsible for any use of your information by third party services/products or websites. Your use of such Third Party Materials is entirely at your own risk and may be subject to additional terms and conditions.
10. NO WARRANTY: You expressly acknowledge and agree that use of the application is at your sole risk and that access to the application is provided to you on an “as is” and “as available” basis and without any warranty of any kind or nature. Titan does not warrant that use of the application will be uninterrupted, fault-tolerant, on time or error free. To the maximum extent permitted by applicable law, Titan expressly disclaims any implied or statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, accuracy, correspondence with description, satisfactory quality and non-infringement. Titan makes no warranty of any kind, whether express or implied, with regard to any third party software or open source software.
11. Limitation of Liability. Nothing in this limitation of liability limits or excludes the application provider’s liability for death or personal injury caused by negligence, for representations made fraudulently, or for any other liability which cannot be limited or excluded by applicable law. to the maximum extent permitted by applicable law, Titan shall not be liable for incidental, consequential, indirect, special, or punitive damages of any kind, loss of information or data, loss of revenue, loss of business or other financial loss arising out of or in connection with the license or use of the application, whether based in contract, tort (including negligence), strict product liability or any other theory, even if Titan has been advised of the possibility of such damages and even if any limited remedy is deemed to have failed of its essential purpose. Titan’s entire liability shall be limited to replacement, repair, or refund of the purchase price paid for the Application, at the application provider’s option. in no event will Titan be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special, or consequential damages arising out of any third party software or open source software, even if Titan has been advised of the possibility of such damages or losses. Some jurisdictions do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you.
12. Indemnification. You agree to indemnify, defend, and hold harmless the Titan and its affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including without limitation, reasonable attorneys’ fees) that Titan or such Titan parties may incur as a result of or arising from your (or anyone using your Application) violation of this Agreement. Titan reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Titan’s defense of such claim.
13. Export Restrictions. You agree that you will not export or re-export the Application or accompanying documentation (or any copies thereof) in violation of any applicable laws or regulations of the United States. You agree to comply with all applicable United States and international export laws and regulations. These laws include restrictions on destinations, end users, and end use. You represent and warrant that you are not prohibited from receiving exports or services under United States or other applicable export laws.
14. Governing Law. This Application License Agreement shall be governed by the laws of India and the courts of Bangalore shall have exclusive jurisdiction with respect to any matter arising out and in relation to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement.
15. Entire Agreement and General.By accepting this Agreement, you agree that such agreement (including all incorporated or referenced documents) sets forth the entire agreement between you and Titan, and supersedes all prior agreements, whether written or oral, with respect to the Application, notwithstanding the terms or conditions of any such prior agreements. If Titan fails to enforce any right or provision in this Agreement, such failure will not constitute a waiver of such right or provision. In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.
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