3.0 What Information Do We Collect?
3.1 Personal Information That You Provide:We receive and store any information that you provide to us, either directly or through your use of our Services.
3.2 Location Information:With your consent, we may collect two kinds of location information through your use of the Services on your mobile phone or device. To identify stores near you and to appropriately enable the SmartDoG In-mall /Store service, we may gather location information through your mobile phone or device’s geolocation, GPS, or similar capabilities.
3.3 Furthermore, as part of the SmartDoG In-Mall/Store service, we may collect information about your location within participating stores through your mobile phone or device’s Bluetooth® or similar capabilities in combination with technology implemented by and with our retail partners. The SmartDoG App will continue to collect location information until you log off (it will gather location information if it is running in the background) or use your phone’s or other device’s setting to disable your mobile device’s applicable geolocation, GPS, Bluetooth® or similar capabilities for the SmartDoG App.
3.3 Information Collected Automatically:When you utilize the Services, we may automatically collect certain information about your use of the Services, such as the page you requested, where you click on the page, and other information (“Information Collected Automatically”).
3.4 Aggregated Personal Information: In an ongoing effort to better understand our users, we may aggregate and compile Personal Information and other information we collect from our users in a way that does not personally identify any one user (“Aggregated Personal Information”).
4.0 How Do We Use And Disclose This Information?
4.1 Personal Information: The Personal Information we collect is used for such purposes as setting up your account, enhancing our Service’s functionality or features, responding to your requests and communications, providing you with information about specials and stores, and to otherwise operate our business. We may also share certain Personal Information, such as names, email addresses or other profile information, with our business partners so that they may better serve you with offers or otherwise. Furthermore, some Personal Information may be made public, as discussed below.
4.1 Location Information: We treat and use Location Information as Personal Information.
4.2 Information Collected Automatically: We may use such information individually as Personal Information or we may pool it with other information to track, for example, the total number of visitors to the Services, the number of visitors to each page of the Services, and the domain names of our visitors' Internet service providers. To the extent that this information is Personal Information, we treat it as such.
4.3 Aggregated Personal Information: We may use aggregated information to conduct research on our end users’ behaviors or to otherwise operate or improve our business and we may share this information with our affiliates, agents, business partners and other third parties, including our retail partners. As an example, we may provide to our retail partners information about when SmartDoG users visit their malls/stores most frequently, which products are viewed and shared most frequently, and which parts of their physical and online stores are most frequently visited by our users. We may also disclose aggregated user statistics to describe our Services to current and prospective business partners and to other third parties for other lawful purposes.
5.0 How Else Do We Disclose Information?
5.1 In addition to the foregoing, there are certain other circumstances in which we may share your information with certain third parties without further notice to you, including as set forth below:
5.2 Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a sale, merger, reorganization, dissolution or similar event relating to all or a portion of our business, assets or the Services, Personal Information or other information may be part of the transferred assets.
5.3 Service Providers, Agents and Related Third Parties: We sometimes hire other companies to perform certain business-related services for us. Examples include mailing information, maintaining databases, processing payments and providing consulting or other services. When we employ another company to perform a function of this nature, we may need to provide them with access to certain Personal Information or other information. However, we only provide them with the information that they need to perform their specific service for us.
5.4 Legal Requirements: We may also disclose your information if required to do so by law or in the good faith belief that such action is necessary to
(i) comply with a legal obligation,
(ii) protect and defend our rights or property,
(iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or
(iv) protect against legal liability.
6.0 How Do We Store And Transfer Information?
7.0 How Do We Communicate With You?
7.1 We will communicate with you through email and notices posted on the Services. Communications relating to the proper function of your account will be sent to you through email if you have provided that information to us.
8.0 What Choices Can I Make About My Information?
8.1 You can use the Services without providing any Personal Information. You can also restrict the Personal Information we collect by doing such things as logging out of or uninstalling the Smart SmartDoG App or turning off or preventing the SmartDoG App from using your mobile device’s geolocation, Bluetooth®, or similar capabilities. However, taking these actions may prevent you from using certain features or aspects of the Services.
9.0 What Is SmartDoG’s Policy Regarding Children?
10.0 Links To Other Websites
10.1 The Services may contain references, links or interactions with other websites not operated or controlled by us ("Third Party Sites"). The policies and procedures we describe here do not apply to Third Party Sites, and these sites may independently collect information about you. SmartDoG assumes no responsibility or liability for the privacy and information collection policies of these third parties and we suggest contacting the providers of those sites directly for information on their privacy policies.
12.0 Contacting Us
13.3 If you do not accept this Agreement, you are not authorized to use the Services or the SmartDoG app. We may modify this Agreement at any time and such modification will be effective upon posting to the Smartdog.com website or the SmartDoG app, however we will endeavor to notify our users of any such changes via email or via notification when using the Services.
14.0 Use of the Services
14.1 The Services include material, such as software, text, graphics, images, video, audio, data and other material (collectively referred to as the “Content”). The Content may be owned by us or others, including other users of the Services, or other third parties (the “Third Party Content”). SmartDoG‘s makes no claim of ownership in connection with Third Party Content and makes either licensed use or fair use of such content for the editorial, news reporting, or other transformative purposes of the Services. The Content is protected by copyright under both India and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content and you may not use the Content except as permitted under this Agreement.
14.2 SmartDoG is a trademark of DevApp Tech Solutions Pvt. Ltd.,. All other trademarks referenced, depicted, or otherwise used in connection with the Services (the “Third-Party Trademarks”) belong to their respective owners or licensees and DevApp Tech Solutions Pvt Limited is not affiliated with, sponsored by, or otherwise associated with such entities unless such a relationship is explicitly identified in the Services. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.
14.3 The Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us. The following activities are expressly prohibited:
(i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications,
(ii) any use of the Services, which in our sole judgment, degrades the reliability, speed, or operation of the Services or any underlying hardware or software thereof, and
(iii) any use of the Services that is unlawful or in violation of this Agreement. Installing this app grants SmartDoG the right to send the identifiers for your device to third parties for the use of advertising.
14.4 By using the Services, you represent and warrant that you are 14 years of age or older. Your account may be terminated without warning if we believe that you are under 14 years of age.
14.5 Membership in the Services is subject, in our sole discretion, to termination at any time.
15.0 User Content
15.1 The Services may now or in the future permit the submission of Content at the direction of users of the Services (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions.
15.1 You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that:
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement; and
(ii) you have the express consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement. By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with our operation of the Services and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, if you have permitted such access through your account settings, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under this Agreement. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.
15.2 In connection with User Content, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage us or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business; or
(v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities or infringement of intellectual property rights through the Services, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. We may remove any Content and User Content without prior notice. We may also terminate your access to the Services, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Services more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretion.
15.2 If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to The Information Technology Act, 2000 by providing our Copyright Agent
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
15.3 Our designated department to receive notifications of claimed infringement and other notices relating to User Content and/or violation of this Agreement (e.g., violations of criminal laws) is: Legal Department, c/o DevApp Tech Solutions Pvt Ltd./ Email: email@example.com. For clarity, only notices relating to complaints in connection with User Content or violations of this Agreement should go to the Legal Department; any other feedback, comments, requests for technical support, and other communications should be addressed to our standard support contacts as identified through the Services.
16.0 SmartDoG app License
16.1 Your use of the SmartDoG app is subject to this Agreement as well as the Google Play/Apple App Store Terms and Conditions and the Usage Rules set forth therein. You are hereby granted a non-transferable license to use the SmartDoG app on any authorized device that you lawfully own or control, for the sole purpose of accessing and using the Services under this Agreement. Any use of the SmartDoG app beyond the scope of the foregoing license is strictly prohibited.
17.1 You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your uploading of, access to, or use or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
18.0 Disclaimer of Warranty and Limitation of Liability
18.1 WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.
18.2 NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE SERVICES, THE SmartDoG APP, AND THE CONTENT IS AT YOUR OWN RISK.
18.3 WE MAKE NO WARRANTY THAT THE SERVICES OR THE SmartDoG APP WILL OPERATE ERROR FREE OR THAT THE SmartDoG APP, SERVICES, THEIR SERVER(S), OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SmartDoG APP OR SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
18.4 THE SmartDoG APP, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
18.5 IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SmartDoG APP, SERVICES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18.6 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
19.1 This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
19.2 This Agreement is governed by the laws of the India government, without respect to its conflict of law’s provisions. You expressly agree to submit to the exclusive personal jurisdiction of the courts of Hyderabad, Telangana. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. Failure by us to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you, this Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
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21.0 The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by DevAppTech Solutions Pvt Ltd. is under license. Other trademarks and trade names are those of their respective owners.