Terms and Conditions
This Terms of Service (“Terms”) set forth the terms between Rootalpha Technologies Private Limited, a company incorporated under the Companies Act, 1956 (“Rootalpha Technologies”, “we”, “our” or “us”) and users (“Users”) of any services or features of Roovx Control app (“Services”), which are provided by Rootalpha Technologies.
“App” means the application software “Roovx Control app” designed for smartphones and/or tablet computers which is provided by Rootalpha Technologies for the Service.
2. Assent to the Terms
All the users of this App are required to be registered to use this App. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
By Using the Service or the product, Users acknowledge and agree to these terms of service. If you choose to not agree with any of these terms, you may uninstall or disable the App.
3. Retention of Rights
All rights owned by either party (including but not limited to the intellectual property rights such as copyrights, trademarks, patents) on the date hereof shall continue to be retained solely by such party, and except as set forth herein, nothing in this Agreement shall be deemed to confer any such rights to any such intellectual property on the other party. For purposes of clarity: (i) as between you and Rootalpha Technologies, you shall be deemed to be the sole owner of all posted information entered into the App or otherwise posted by you; and (ii) Rootalpha Technologies is the sole owner of the name “Rootalpha Technologies” as well as the App, and all source code, object code, software, content, copyrights, trademarks, patents and all intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from you to us regarding the App shall, upon submission to us, be owned solely and exclusively by Rootalpha Technologies. In addition, Rootalpha Technologies shall be entitled to post feedback within the App (and/or allows others to do so), both positive and negative, regarding any user. You acknowledge and agree that the applicable supplier(s) of any third party software included within the App shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein), subject to such suppliers' license, if any, of such third party software to Rootalpha Technologies.
The purpose of this Agreement is to set forth the terms and conditions under which, among other things: (i) Rootalpha Technologies will license to you use of certain Rootalpha Technologies technology, software and/or services such that you can utilize the App through your mobile device, and (ii) you can access and/or use the App (collectively, the “Purpose”).
5. Provision of the Service
The User’s usage history will be cleared and right to use the Service will be terminated when the User has deleted the App from his/her smartphone or tablet computer. The User cannot have his/her new device take over his/her usage histories.
Rootalpha Technologies reserves the right to provide Users with advertisements for Rootalpha Technologies or a third party, through the Service.
Rootalpha Technologies reserves the right to modify, cease or terminate, at its own discretion, the whole or part of the Service at any time without any prior notice to the Users.
Company reserves a right to send few messages/or place a call to user, to verify user’s identity. This action will be initiated by the action of User
You shall not directly or indirectly copy or reproduce all or any part of the App, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. You shall use the App solely for its intended purposes and shall not use the App for the benefit of any third party except as specifically contemplated under this Agreement.
6. Registration and Eligibility
You may browse the App and view content without registering, but as a condition to using certain aspects of the Service, you are required to register with Rootalpha Technologies, by synchronizing your existing account maintained with a third party with Rootalpha Technologies or by alternatively creating an account (“Account”) on Rootalpha Technologies and represent, warrant and covenant that you provide Rootalpha Technologies with accurate and complete registration information (including, but not limited to a user name (“User Name”), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the Agreement, which may result in immediate termination of your Account.
For the purpose of this Agreement, Account means the account successfully opened by the User on the App by inserting information such as but not limited to name, contact details, user name, and password as required to be filled in the registration process and include any further changes and additions to the information from time to time.
You shall not:
(i) create any Account for anyone other than yourself without such person's prior written permission;
(ii) use a User Name that is the name of another person with the intent to impersonate that person;
(iii) use a User Name or Account that is subject to any rights of a person other than you without appropriate written authorization; or
(iv) use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
Rootalpha Technologies reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your Rootalpha Technologies User Name and password. You shall never use another user's account without such other user's prior express permission. You will immediately notify us in writing of any unauthorized use of your Account, or other Account related security breach of which you are aware.
includes, without limitation, any location information, recommendations, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Rootalpha Technologies on or through the Service. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by users, including Content that is added to the Service in connection with users linking their accounts to third party websites and services, is collectively referred to as, “User Submissions”.
8. User Submissions
We may use your User Submissions in a number of different ways in connection with the Service and Rootalpha Technologies’s business as Rootalpha Technologies may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions through the Service, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Service and Rootalpha Technologies's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the App (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the App and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the App and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the App, Service and Third Party Media. For clarity, the foregoing license
grant to Rootalpha Technologies does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Rootalpha Technologies.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the App is the sole responsibility of the person from which such Content originated; that we will not be liable for any errors or omissions in any Content; and that we cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions or maybe retained by Rootalpha Technologies for such period as stipulated under law.
9. Fees and Services
Membership on the App is free. Rootalpha Technologies does not charge any fee for browsing and/or usage of the Services. Rootalpha Technologies may at its sole discretion introduce new services and modify some or all of the existing Services offered. In such an event Rootalpha Technologies reserves the right to introduce fees for the new Services offered or amend/introduce fees for existing Services, as the case may be. Changes to the Fee policies shall be posted on the App and such changes shall automatically become effective immediately after they are posted. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Rootalpha Technologies within such time as specified in the invoice.
Rootalpha Technologies reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Service and refuse to provide you with access to
the Service in case of non-payment of fees by you to us. Rootalpha Technologies also reserves the right to take legal action in case of non-payment of fees by you to Rootalpha Technologies.
10. Use of the Services
You agree, undertake and confirm that your use of the App shall be strictly governed by the following binding principles:
(i) You shall not host, display, upload, modify, publish, transmit, update or share any information or item that:
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harms minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonates another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
(j) shall not be false, inaccurate or misleading;
(k) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
11. Unavailability of the App
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, and/or the App. While it is Rootalpha Technologies's objective to make the App accessible at all times, the App may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the App may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside the control of Rootalpha Technologies, access to the App may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, we shall not be liable in any way for any delay in responding to an inquiry or question forwarded by You or the effects any delay or unavailability may have on You. YOU AGREE THAT ROOTALPHA TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE APP AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE APP.
12. Third Party Sites and Services
The Service may permit you to link to other websites, services or resources on the Internet. When you access third party websites, you do so at your own risk. These other websites are not under Rootalpha Technologies’s control, and you acknowledge that Rootalpha Technologies is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Rootalpha Technologies or any association with its operators. You further acknowledge and agree that Rootalpha Technologies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
14. Your Consent
15. Other Services
Other services and/or contents offered by Rootalpha Technologies may be included within or linked to the Services. Such services and/or contents may be governed by other terms and conditions, which are set by us. Services and/or contents offered by business partners cooperating with Rootalpha Technologies may be included within or linked to the Service. We shall not be responsible for such services and/or contents. Furthermore, such services and/or contents may be governed by their own terms and conditions, which are set by the business partners.
Users shall not engage in the following when using the Service:
(i) Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
(ii) Activities that may hinder public order or customs.
(iii) Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, portrait and all other rights of Rootalpha Technologies and/or a third party granted by the law or contract.
(iv) Activities that post or transmit violent or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.
(v) Activities that lead to the misrepresentation of Rootalpha Technologies and/or a third party, or intentionally spread false information.
(vi) Activities that use the Service for the purpose of harassments or libelous attacks against other Users, use the Service for the purpose of meeting a person for sexual encounters, or use the Service for purposes other than the Service's true intent.
(vii) Activities that benefit or collaborate with anti-social groups.
(viii) Activities that illegally or improperly lead to the collection, disclosure, or provision of other’s personal information, registered information, user history, or the like.
(ix) Activities that interfere with the servers and/or network systems of the Service, that abuse the Service by means of BOTs, cheat tools, or other technical measures, and that deliberately use defects of the Service.
(x) Activities that make unreasonable inquiries to Rootalpha Technologies such as repeatedly asking the same question beyond necessity, that make undue claims against Rootalpha Technologies, and that interfere with Rootalpha Technologies's operation of the Service or Users' use of the Service.
(xi) Activities that aid or encourage any activity stated in Item (i) to (x) above.
(xii) Other activities that are deemed by Rootalpha Technologies to be inappropriate.
17. User Responsibility
Users shall use this Service at his/her own risk, and shall bear all responsibility for actions carried out and their results upon this Service. It is User’s responsibility to store or back-up his/her data of shot photographs or images by the Service. In addition, Rootalpha Technologies does not guarantee that the Users can store his/her data of shot photographs or images normally in his/her smartphones or tablet computers.
Rootalpha Technologies may take measures that it considers necessary and appropriate such as terminating or suspending the rights to use the Service itself, if Rootalpha Technologies acknowledges that a User is using the service in a way which violates the Terms. However, we shall not be responsible for correcting or preventing such violation towards Users or others.
In the case where Rootalpha Technologies has suffered loss/damage or has been charged an expense (including but not limited to lawyer's fees) directly or indirectly due to the User using the Service (including but not limited to claims against Rootalpha Technologies arisen by third parties), the User shall immediately compensate us upon its request.
18. Warranty Disclaimer
Rootalpha Technologies does not expressly or impliedly guarantee that the Services are free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). We shall not be responsible for providing the Service without such defects.
Save to the extent required by law, Rootalpha Technologies has no special relationship with or fiduciary duty to you. You acknowledge that Rootalpha Technologies has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release us from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Rootalpha Technologies makes no representations concerning any Content contained in or accessed through the Service, and we shall not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or
statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person.
THE APP, SERVICE and CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
ROOTALPHA TECHNOLOGIES, AND ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE APP, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
21. Limitation of loss
In no event shall Rootalpha Technologies or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the App and, its Services or this Agreement (however arising, including negligence).
Rootalpha Technologies's liability in any circumstance is limited to the amount of fees, if any, paid by you to us. Rootalpha Technologies, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the App or that the operation of the App or Services will be error free and/or uninterrupted. Consequently, Rootalpha Technologies assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
(i) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Application which are incorporated by way of reference in this Agreement;
(ii) Any interruption or errors in the operation of the App. You expressly understand and agree that Rootalpha Technologies shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Rootalpha Technologies has been advised of the possibility of such damages).
22. Modification of the Terms
Without limiting other remedies, Rootalpha Technologies may limit your activity, immediately remove your Information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the App in the event and remove any non-compliant Information, but not limited to:
(ii) If Rootalpha Technologies is unable to verify or authenticate any information you provide; or
(iii) If it is believed that your actions may cause legal liability for you, other Users or Rootalpha Technologies; or Cuhe26 may at any time at its sole discretion reinstate suspended Users; and
(iv) If Rootalpha Technologies believes that you have breached any applicable law.
A User that has been suspended or blocked may not register or attempt to register with Rootalpha Technologies or use the App in any manner whatsoever until such time that such User is reinstated by Rootalpha Technologies. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Rootalpha Technologies reserves the right to recover any amounts due and owing by you to Rootalpha Technologies and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Rootalpha Technologies may terminate your access to all or any part of the Service, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the App. Any fees paid hereunder are non-refundable. All provisions of this User Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of loss.
25. Governing Law and Jurisdiction
26. Grievance officer
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are as under:
Name: Parichay Das
Contact Details: [email protected]
27. Customer support
We shall provide customer support limited to responding to questions/queries regarding the nature of the Services provided for but not limited to payment, refunds, functionality and feedback. If you have any questions regarding the same, you can contact us at
E-mail Id: [email protected]