VELLO.AI
VELLO.AI
Last modified: 15/09/2021
In order to provide our Services (as defined below) we need to obtain your agreement to our Terms of Service. Therefore, please review these Terms of Service carefully before acceptance. These Terms of Service are an agreement between you and CodeGen International (Private) Limited (hereinafter referred to as “CodeGen”, “We”, “Us”, “Our”) in respect of Our Application named “FaceRec” along with any Application updates, supplements, functionalities, features, internet-based services, and support or other related services (“Services”).
By downloading and installing or otherwise using the Application, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service and Our Privacy Policy, you may not download, install or use the Application and Our Services. These Terms of Service apply to you or any legal entity which may be represented by you. Use of the Application and Services are available only to persons who have subscribed for their organization as an authorized representative of such organization.
“Application: means the self-contained program and software developed and provided by CodeGen named “FaceRec”, which offers time & location tracking access services through face recognition and identification of employees and includes the mobile application that can be downloaded via the Google Play Store and any newly-developed applications and any upgrades, documentation, or other software which enables the use of the Application.
Use of the Application and Services allows Us to gather certain information from and about you. Our Privacy Policy describes what information We gather, how We gather it, and how We use it. These Terms of Service incorporate the provisions of the Privacy Policy, and you agree to them as if they were set forth in full herein.
This license granted to you for the Application is limited to a non-exclusive, non-transferable license to use the Application on any device that you own or control.
You may not rent, lease, lend, sell, redistribute, or sublicense or otherwise transfer in whole or in part the Application to another party. You may not create, develop, license, install, use, or deploy any third-party software or services to circumvent, enable, modify, or provide access, permissions, or rights to work around any technical limitations in the application and these terms. You may not copy (except as expressly permitted by this license) or publish the Application for others to copy, decompile, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof.
Any attempt to do so is a violation of Our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Application in any way that is against the law. The terms of the license will govern any upgrades provided by Us that replace and/or supplement the original Application.
We retain all rights, title, and interest in and to the Application, Services, related documentation and in all related copyrights, trade secrets, patents, trademarks, domains, logos, trade dress and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights. You may not remove any titles, trademarks or trade names, copyright notices, or other proprietary markings in the application and its documentation. You are not granted any rights to any trademarks or service marks of the Application. We retain all rights not expressly granted to you under these Terms of Service.
To create an account and register for any of the Services, you must provide your full legal name, a valid email address for you, a valid phone number for you, and any other information requested to complete the signup process (the “Registration Data”). The information We obtain through your use of the Services, including your Registration Data, is subject to Our Privacy Policy. If you are accessing the Services on behalf of an organization or other entity, you represent and warrant that you are fully authorized to act on behalf of such organization or entity and that your agreement to these Terms of Service shall be fully binding upon such organization or entity. In that event, the terms “you,” “your,” and “yours” as used in this Agreement shall mean and refer to such organization or entity.
You are the sole authorized user of your account. You are solely and fully responsible for maintaining the confidentiality and accuracy of your account information, including your account password. Therefore, you must take steps to ensure that others do not gain access to your password and account. You are also responsible for all activities that occur in connection with your account. If you suspect that any unauthorized party is using your account, you agree to notify Us immediately.
You may not transfer or share your account with anyone, and We reserve the right to immediately terminate your account if you do transfer or share your account. If you have employees, or other agents who will access the Services through your account, you are responsible to ensure that all such individuals abide by these Terms of Service, and you agree to notify Us immediately of any breach of these Terms of Service by any such individual.
You agree that use of this Application and Services requires your personal data, and We will have the right to store your personal data and to transmit such data. Such transfer, processing or storage shall only be to the extent necessary for, and for the sole purpose of, enabling Us to provide you the Service and perform Our obligations hereunder. You also consent to Us sending you notifications via our Services from time to time, as necessary to provide our Services to you. Information that We collect from you is morefully set out and is subject to the terms found in Our Privacy Policy.
While you retain all rights to your content that you share with Us, you grant Us and Our agents and affiliates a non-exclusive, fully paid, sub-licensable and transferable right to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through Our Application and Services. The rights you grant in this license are for the limited purpose of operating and providing Our Application and Services.
You undertake to –
a) Provide true, accurate, correct and complete information which you are required to provide when you register, and;
b) Notify Us immediately of any changes to the personal data provided to Us for the use of the Application and Services;
c) You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use, or disclose your password or username to any other person, or allow your password or username to be used by any other person to access the Application and Services.
Certain components or features of the Services may include materials from third parties and/or hyperlinks to other resources, websites, or content that is operated by companies that are not affiliated with Us. You acknowledge and agree that We do not endorse or warrant the accuracy of any such sites or resources. You further acknowledge and agree that We (i) are not responsible for the availability of such sites or resources; (ii) shall in no way be liable or responsible for any content, advertising, products or materials on or available from such sites or resources; and (iii) shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such third party websites, hyperlinks to other resources, content, advertising, products or materials on or available from such sites or resources.
We expressly reserve the right to change these Terms of Service from time to time without any notification to you. Any changes to the Terms of Service shall be immediately binding upon any new or pre-existing user. You agree that it is your responsibility to review these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Application and Services after such modifications will constitute acknowledgement of the modifications and agreement to abide and be bound by the revised Terms of Service.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE APPLICATION AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES OF THIS AGREEMENT. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL THEIR ESSENTIAL PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION AND SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. WE SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE ACCURACY OF ANY THIRD- PARTY DATA AND CONTENT, AND YOU ACKNOWLEDGE THAT SUCH THIRD-PARTY DATA AND CONTENT IS OUTSIDE OF OUR CONTROL. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY DAMAGES CAUSED BY DATA OR CONTENT PROVIDED BY THIRD PARTIES, DELAYS RESULTING FROM HARDWARE AND SYSTEMS OWNED AND CONTROLLED BY THIRD PARTIES (INCLUDING WITHOUT LIMITATION YOUR OWN DATA TRANSMISSION SPEEDS), DATA ENTRY ERRORS, USER ERRORS, OR ANY OTHER LIMITATIONS, ERRORS, OR DELAYS THAT ARISE DURING AS LONG AS THESE TERMS OF SERVICE ARE VALID AND THAT CANNOT BE PREVENTED OR MITIGATED BY US.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, DIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF COVER, SUBSTITUTE GOODS, OUT OF POCKET COSTS OR ANY OTHER PURE ECONOMIC LOSSES, COMMERCIAL DAMAGES OR LOSSES, RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS OF SERVICE, US, OR YOUR USE OR INABILITY TO USE THE APPLICATION AND SERVICES, HOWEVER CAUSED, REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT OR OTHERWISE AND EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE TO YOU FOR ANY DAMAGE OR ALTERATION TO YOUR EQUIPMENT INCLUDING, BUT NOT LIMITED TO, COMPUTER EQUIPMENT, HANDHELD DEVICE, OR MOBILE TELEPHONES AS A RESULT OF THE INSTALLATION OR USE OF THE SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS OF SERVICE, US, OR OUR APPLICATION AND SERVICES EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
If anyone brings a claim (“Third-Party Claim”) against Us related to your actions, information, or content provided to Us, or any other use of Our Services by you, you will, to the maximum extent permitted by applicable law, defend, indemnify, and hold Us harmless, our affiliates, employees, officers, agents, managers, members and successors, and assigns from all damages and liability such persons may incur including, without limitation, reasonable attorneys’ fees, arising from or as a result of (i) you, or your representatives, employee’s, agent’s, or a third party’s use of the Application and Services under these Terms of Service, or (ii) any violation of law, by you, your employees, or agents or (iii) any misrepresentation made by you. This obligation shall survive the termination or expiration of these Terms of Service and/or your use of the Application and Services. You will cooperate as fully as required by Us in the defense or settlement of any such Third-Party Claim.
You agree that We may, in Our sole discretion, terminate or suspend your access to all or part(s) of the Services with notice and for any reason that We believe in good faith to be a breach of these Terms of Service. If We terminate or suspend your right to use the Services for any of these reasons, you will not be entitled to any refund. In addition to terminating or suspending your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Furthermore, any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Application and Services immediately ceases, and you acknowledge and agree that We may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files on the Applications. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by Us in connection with such termination or suspension. All provisions of these Terms of Service which by their nature would reasonably be anticipated to survive the expiration or termination of these Terms of Service shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Service.
Entire Agreement. These Terms of Service constitute the entire agreement between you and Us with respect to the subject matter hereof, and replaces, amends, and supersedes any prior agreements between you and Us pertaining to the subject matter hereof. Governing Law. These Terms of Service will be governed and construed under the laws of Sri Lanka without regard to conflict of laws. You agree to submit to the exclusive jurisdiction of the Courts located in Colombo, Sri Lanka.
The waiver or failure of either You or Us to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. If any provision of these Terms of Service is determined to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of these Terms of Service shall remain enforceable.
If the performance of any part of these Terms of Service is prevented, hindered, delayed, or otherwise made impracticable by reason of any cause or event not within the reasonable control of Us and without Our fault or negligence, We shall then be excused from such to the extent that it is prevented, hindered, or delayed by such causes. Headings. The headings contained in these Terms of Service are for reference purposes only and do not affect in any way the meaning or interpretation of these Terms of Service.