ENLITE RESEARCH PRIVATE LIMITED (“ENLITE”, “Us” or “Our” ) and its subsidiaries and affiliates provides a Know Your Building™ application that works for your commercial

, residential and industrial premises and allows you to manage your buildings, the assets and their maintenance equipped with Know Your Building™ integrated devices.

These Terms of Service (Terms) govern your use of the Know Your Building™ application and the devices that will be integrated with the Know Your Building™ application and the services made available in connection with the same. These terms form legally binding terms and conditions for the access and use of the Know Your Building™, the ENLITE Website and the devices integrated with the Know Your Building™ application.

The Know Your Building™ application and all other features, tools, services and content provided by ENLITE in connection with the Know Your Building™ application (collectively, the “Services”) are intended for use solely with the hardware or as otherwise made available by ENLITE.

Please read these TERMS carefully. By clicking “I Agree” on the Know Your Building™ application, registering for an Account (defined below) or accessing or using the Services in any manner, including by visiting the Site (www.enliteresearch.com), or accessing Know Your Building™ application and the integrated devices (if any) as a Guest, you agree to these Terms. If you are accessing the Services or hardware on behalf of an entity, you hereby agree to these Terms on your behalf and on behalf of such entity. You also consent to the automatic updating of Know Your Building™ application and their integrated devices (if any), software included in the hardware and Services from time to time. If you do not agree with these terms, you should not use any software and hardware included in the Services.

1. Definitions

   1. ACCOUNT means the User account created by following the registration process as detailed in these Terms

   2. PERSONAL INFORMATION means personally identifiable information relating to the User‟s person such as name, email, phone number and location.

   3. SERVICES mean the Know Your Building™ application and all other features, tools, services and content provided by ENLITE in connection with the Know Your Building™ application

   4. Know Your Building™ application means the web application accompanying the integrated devices (if any) by means of which the insights and data can

      be generated and populated on the Know Your Building™ application.

   5. Know Your Building™ or KYB means the software application used to manage the buildings and its assets, manufactured by ENLITE.

   6. Third Party means any person other than the User and ENLITE.

   7. User means persons who may be Owner, Authorized Users, or Guests as explained below.

   8. Website or Site means the website with the url: www.enliteresearch.com and connected pages.

2. Nature & Scope of Terms and Account Access

   1. These Terms govern and include the terms and conditions for access and usage of Know Your Building™ application and the integrated devices (if any) These Terms are a binding contract between the User and ENLITE. b. USERS (You) are persons with the following levels of access:

      1. Owner: The individual who owns Know Your Building™ application and the integrated devices (if any) is the “Owner”. If you are an Owner who invites or enables a User to use Know Your Building™ application and the integrated

         devices (if any) you own, you acknowledge and agree that such User may subsequently invite or enable Guests (defined below) to use the Know Your Building™ application and the integrated devices (if any), and therefore access the location equipped with the Know Your Building™ application and the integrated devices (if any). If you are an Owner, you acknowledge and agree that you should only authorize those individuals that you trust to be Users.

      2. Authorized User: Individuals who are authorized (usually by the Owner) to control Know Your Building™ application and the integrated devices (if any), such as the tenants of units equipped with Know Your Building™ application and the integrated devices (if any), are “Authorized Users.” These can use the Services to monitor and control the Know Your Building™ application and the integrated devices (if any) and have access to the location equipped with the Know Your Building™ application and the integrated devices (if any).

      3. Guest : “Guest” is any person or entity that is given authorization by an Authorized User or Owner to unlock the Know Your Building™ application and the integrated devices (if any) for a limited time. By inviting someone to be a Guest, you are giving them the ability to operate your Know Your Building™ application and the integrated devices (if any) and therefore access the location with which your Know Your Building™ application and the integrated devices (if any)

         is used. Please be careful to only invite trusted Guests.

         Whether you are an Authorized User or Owner, you should only authorize Guests that you are certain you would like to grant access to, in each case, after careful review and due diligence. You are responsible for all of your actions in connection with the Know Your Building™ application and the integrated devices (if any) and Services as well as all actions conducted through your Account(s), whether or not authorized by you.

3. Intended Use of Know Your Building™ application and the integrated devices (if any)

   Know Your Building™ application and its integrated devices (if any) is intended for use in commercial and industrial premises such as factories and offices only. Know Your Building™ application and the integrated devices (if any) is not intended to be used for the purpose of home security and ENLITE assumes no responsibility for any injury or loss caused to the USER as a result of such unintended use.

   The Services are offered only for your use, and not for the use or benefit of any third party.

    

4. Registration

   To sign up for the Services, you must register for an Account by entering your username, mobile number and password. Please note that signing up for the Services is different from accessing the Know Your Building™ application and the integrated devices, as you can access the Know Your Building™ application and the integrated devices as a Guest without signing up for an Account. When signing up for an Account, you must provide accurate and complete information and keep your Account information updated. You shall have the ability to delete your Account, either directly through Know Your Building™ application or website or through a request made to your systems administrator, but please note that some of the Services may not be available to you if you delete your Account. You grant us the right to use the information provided by you through the registration process, and any other information you provide to us through your use of the Services, in connection with the operation of the Services or as set forth in our Privacy Policy.

5. Limited Privilege to Access & Use

   1. Subject to the compliance with these Terms and only in connection with usage of Know Your Building™ application and the integrated devices,

      ENLITE hereby grants the User a non- exclusive, revocable , non-transferable, royalty- free limited right (without the right to sublicense) to access and use Know Your Building™ application and the integrated devices and the Services provided therein.

      Namely, (i) for using the Site or Know Your Building™ application and the integrated devices (if any), solely in connection with the Know Your Building™ that is either installed on User‟s property, that User has been validly authorized to access, and (ii) installing and using the Know Your Building™ application and the integrated devices (if any) on User‟s device, solely for the purpose of using the Know Your Building™ application and the Services in accordance with these Terms.

   2. The User agrees to comply with all instructions, usage rules and documentation that we may provide from time to time with respect to the Service or Know Your Building™ application and its integrated devices

6. Preliminary Terms & Conditions

   By accepting these Terms, the User specifically agrees and acknowledges to the following

   1. to use the Know Your Building™ application and the integrated devices (if any), Site and the documentation provided therein only for purposes that are permitted by these Terms of Use and any applicable law, regulation or generally accepted practices or guidelines in the appropriate jurisdictions.

   2. Maintain the confidentiality of the password and Account on the Know Your Building™ application and in any case of any unauthorized access or use of User‟s Account or other breach of security, to immediately notify us atconnect@enliteresearch.com to suspend the account. The user may immediately change the account password as well. ENLITE shall not be responsible for any negligence on User‟s part for breach of this term.

   3. to provide true, accurate, current and complete information as prompted when using Website or Know Your Building™ application. ENLITE reserves the right to confirm and validate the information and other details provided by the User at any point of time.

   4. In order to take advantage of full functionality associated with the Know Your Building™ application and the integrated devices (if any) and its

      Services, the following are necessary: i. A high speed Internet connection is required for proper transmission and working of Know Your Building™ application and the integrated devices (if any). The owner shall be responsible for procuring and maintaining the network connections that are necessary to connect to Know Your Building™ application cloud. ii. properly functioning hardware (including sufficient battery power, if applicable);

      1. at least one device equipped with the Know Your Building™ application and a working Wifi connection;

      2. at least one valid User Account and

      3. Other system elements that may be specified by ENLITE from time to time.

   5. ENLITE assumes no responsibility for the reliability or performance of any connections as described in this clause. User acknowledges that the availability of the Services is dependent on ( i ) User‟s computer, wiring, Wi-Fi network, Bluetooth connection, power supply and other related equipment; (ii) User‟s Internet service provider (“ISP”); and (iii) User‟s mobile device carrier.

   6. User acknowledges that the user is responsible for all fees charged by their ISP and mobile device carrier in connection with their use of the Services. Users also acknowledge that they are responsible for compliance with all applicable agreements, terms of use or terms of service, and other policies of their ISP and mobile device carrier. It is the User‟s responsibility to ensure that they have all required system elements and that they are compatible, up-to- date, and properly configured. User acknowledges

      that the Services may not work as described when the requirements and compatibility have not been met.

7. Communication Policy

   By accepting these Terms and Conditions, the User specifically agrees to be bound by the se following terms:

   1. Providing ENLITE with true, accurate and complete information during the registration process on the Know Your Building™ application.Complete information includes, without limitation, email address, your name and phone number. Inaccurate or false information provided by you to ENLITE may cause your account to be, at ENLITE‟s sole discretion, terminated or your service suspended. When any of the above information changes, you agree to update ENLITE‟s records in a timely manner.

   2. Agree to receive an OTP on the mobile phone number provided by you to be used during the registration process for the sole purpose of validating the user of the Know Your Building™ application at the time of registration.

   3. ENLITE may send notifications to the phone number provided by you or to any updated mobile number subsequently provided by you on the Know Your Building™ application. If the user has disabled the receipt of such notifications, is in an area with low or no network coverage or if the mobile

      phone is in „OFF‟ mode then the user acknowledges that they may not get the notifications at all or get delayed notifications.

   4. ENLITE will try their best to provide alerts via SMS/ notifications and it shall be deemed that you shall have received the information sent from ENLITE as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Know Your Building™ application or availing any ENLITE Services. ENLITE is not responsible for the authenticity of the person(s) receiving the notifications. You cannot hold ENLITE liable for non-availability of the SMS/ notifications in any manner whatsoever.

   5. The SMS/notification service provided by ENLITE is an add-on facility provided for your convenience and may contain errors, omissions and/or be inaccurate. In the event that you observe any error in the information provided in the notifications, ENLITE shall be immediately informed about the same by you and ENLITE will make best possible efforts to rectify the error as early as possible. ENLITE will not be held liable for any loss, damages, claim; expense including legal cost at may be incurred/suffered by you on account of the SMS/ notification facility.

   6. The correctness and promptness of providing the SMS / notification service depend on factors such as the connectivity of the service provider, etc.

      ENLITE shall not be held responsible for any non-delivery or delayed delivery of the SMS /notification in any way whatsoever.

8. License Restrictions & Acceptable Usage

   By accepting these Terms, the User specifically agrees and acknowledges to the following

   1. Users shall use the Application for reasonable and lawful purposes only. b User shall abide by these Terms and adhere to all limitations on dissemination, use and reproduction of any materials accessible on the Know Your Building™ application and the integrated devices.

      1. Users shall not use the ENLITE Website and Know Your Building™ application and the integrated devices in any way that will damage it or interrupt its provision or cause any disruption.

      2. Users shall not use the ENLITE Website and Know Your Building™ application and the integrated devices.

      3. Users shall not jeopardize the security of its Account or anyone else‟s Account, including by allowing someone else to log in to the Services. f. USER shall not do, nor authorize any other party to do, the following to or with the Know Your Building™ application and the integrated devices,

         Website i. reverse engineer, decompile, or disassemble them

         1. modify or create derivative works based upon them in whole or in part

         2. distribute copies of them unless otherwise permitted by ENLITE iv. remove any proprietary notices or labels on them;

      1. use them with any software, data or content that is licensed under terms that would require that the ENLITE , Website and Know Your Building™ application be

         disclosed, licensed, distributed, or otherwise made available to anyone; or resell, rent, transfer, lease , sublicense, or otherwise transfer rights to them;

      2. In addition to any other rights or remedies that ENLITE may have, any use in violation of this section will immediately terminate USER‟s right to use the Know Your Building™ application and the integrated devices and Websites.

9. Third Party Services

   1. The Services may be used in connection with other products and services, and may contain links, interfaces and referrals to, as well as content and data from, third-party websites, products and services. When a user accesses third party resources, it shall do so at its own risk. These other resources are not under ENLITE‟s control, and User acknowledges that ENLITE 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 third party services does not imply our endorsement or any association between us and their operators. Users further acknowledges and agrees that we 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.

   2. By accessing or using these third party services, User is consenting to the exchange of information and data between Know Your Building™ application and the integrated devices (if any) / ENLITE and the applicable third party service providers regarding you, your Guests and your use of the Services, including your and your Guests‟ personal information, in order to enable the third party service‟s functionality and services as requested by you. Once this information is shared with the third party service provider, its use will be governed by the third party‟s privacy policy (and not by our Privacy Policy) and terms of use. Users should review the terms of use and privacy policies of any third party service before using the applicable service. User acknowledges and agrees that ENLITE makes no representation or warranty about the safety of any third party services and

      are not

      responsible for your use of any third party services or any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use thereof.

10. Confidentiality

    Any confidential Information that the USER may receive which relates to Know Your Building™ application and the integrated devices that is not known to the general public must be kept confidential. The USER agrees that:

    1. all confidential information will remain the exclusive property of ENLITE

    2. b. it will use Confidential Information only as is reasonably necessary for the purpose relating to use of Know Your Building™ application and the integrated devices in accordance with the these Terms

    3. it will not disclose Confidential Information to any individual, company , or other third party

    4. It will take all reasonable measures to protect confidential Information against any use or disclosure that is not expressly permitted in this Agreement.

11. Publicity

    1. The USER may not issue any press release or make any public statement related to the Know Your Building™ application and the integrated devices (including performance of the same or results of any comparisons to other products or services).

    2. Further, USER shall not use the name, trademarks or logos of Know Your Building™ application and the integrated devices or ENLITE in any way (including in promotional material) without its prior written consent, or misrepresent or embellish the relationship between the Parties in any way.

12. Safety & Security

    1. ENLITE ensures maximum possible safety and security of all its Know Your Building™ application and the integrated devices. ENLITE complies with the electrical and electronics safety standards as per applicable industry practices, including and not limited to fire resistant enclosures, electrical surge protection etc.

13. User’s Personal Information

    Any Personal Information that may be collected by Know Your Building™ application and the integrated devices through its application will be dealt only in accordance with the Privacy Policy. By accepting these Terms, USER has

    expressly given its

    consent to the disclosure and use of its personal information as described in the Privacy Policy, which is incorporated herein by reference.

14. Representations

    USER represents and warrants to that:

    1. it is lawfully able to enter into contracts, on behalf of itself or the entity it represents ,in the jurisdictions where Know Your Building™ application and the integrated devices has been installed and is being used

    2. it will comply with all laws, rules and regulations that apply to its Products, use of the products , and the performance of its obligations and exercise of its rights under these Terms

    3. nothing submitted to us in connection with its participation in this agreement is false or misleading.

15. Copyright, Trademark & Design

    1. Except where specifically mentioned, ENLITE retains all intellectual property rights (in patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights), title and interest in all text, programs, products, processes, technology, content and other materials, which appear on the Know Your Building™ application and the integrated devices and Websites.

    2. Any right granted as per these Terms to access and use Know Your Building™ application and the integrated devices ,Website and Know Your Building™ application does not do not convey any additional rights in the Service(s) or in any Intellectual Property Rights associated therewith nor authorize anyone to use any name, logo or mark

       in any manner. All materials, including images, text, illustrations, designs, icons, and photographs, written and other materials that are part of the Know Your Building™ application and the integrated devices (if any), Website and Know Your Building™ application and the integrated devices are intended solely for personal, non- commercial use. Users may download or copy the same and other downloadable materials displayed on the Website and Know Your Building™ application and the integrated devices for its personal use only. No right, title or interest in any downloaded materials or software is transferred to the User as a result of any such downloading or copying. Users shall not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the above.

    3. Subject only to limited rights to access and use the MIP and Know Your Building™ application and the integrated devices as expressly stated in these Terms , all rights, title and interest in and to the Know Your Building™ application and the integrated devices, including all related Intellectual

       Property Rights, will remain with ENLITE .

    4. User expressly agrees that ENLITE shall be the sole and exclusive owner of and Feedback including suggestions, enhancement requests, recommendations or other feedback received from User, or other third parties acting on its behalf and User shall not be entitled to any compensation for the same. ENLITE may, in its sole discretion,

       decide whether to use this Feedback in any of its products and services. User hereby assigns to ENLITE all of its right, title and interest in the Feedback, including but not limited to all copyrights, patent rights, trade secrets and trademarks.

    5. Know Your Building™ application and the integrated devices (if any) product and service names and logos used or displayed in or on the Website and Know Your Building™ application and the integrated devices are registered or unregistered trademarks of ENLITE and User may only use applicable the same to identify itself as a user of the products ; provided that the User shall not attempt, now or in the future, to claim any rights in the such product, names , or Know Your Building™ application and the integrated devices , degrade their distinctiveness , or use the such to disparage or misrepresent ENLITE , its services or products.

        

16. Eligibility for Usage of Know Your Building™ application and the integrated devices (if any)

    1. In order to register for any Account, a User must be at least 18 years old. Owner or Authorized User may allow access to persons below 18 years of age however while doing so such Users accept responsibility for their discretion. Users below the age of eighteen (18) years may avail the services provided by ENLITE through their legal guardian.

    2. Those who choose to access the Know Your Building™ application and the integrated devices and Website from outside India are responsible for compliance with their own local laws.

17. Sevices & Website

    User shall not violate or attempt to violate the security of the Know Your Building™ application and the integrated devices and websites, including,without limitation,

    1. Access data not intended for User or logging onto a server or an account, which it is not authorized to access.

    2. Attempt to probe, scan or test the vulnerability of a system, network or breach security or authentication measures without proper authorization.

    3. Attempt to interfere with service to any other user, host or network, including, without limitation, submitting a virus to a site, overloading, spamming, flooding, crashing or mail bombing.

    4. Sending unsolicited emails, including promotions and/or advertising of products or services.

18. Rights Reserved by ENLITE

    1. In order to protect its business interests, ENLITE reserves the right to limit the quantity/ value of the items purchased. ENLITE also reserves its right to prohibit sales to any one as it may deem fit.

    2. ENLITE reserves its right to refuse or cancel any order for any reason. In such cases, the amount paid by the User will be refunded.

    3. ENLITE may require additional information or verification/s before accepting any order.

    4. ENLITE may from time to time update the Services, including without limitation by providing improvements, updates, new functionality, bug fixes, or other modifications (collectively “Updates”). These Updates may occur automatically, without notice or any request for additional consent. By using the Services, User hereby consents to the Updates. If the User does not want to receive the Updates, it should terminate its Account and stop using the Services, including the Know Your Building™ application and the integrated devices.In the event that ENLITE asks the User to install Updates, User must agree to do so promptly. ENLITE is not liable for any failure to install the Updates or any damages resulting therefrom. Updates are subject to these Terms, as well as any terms that apply to the Know Your Building™ application and the integrated devices and any additional terms that may be provided with such Update. By continuing to use the Services, User agrees to all terms applicable to the Updates, including the EULA for the relevant Software.

19. Limitations

    1. It is our aim and endeavor to make the Services reliable and consistently available; however, we, at ENLITE cannot and do not provide the guarantee that the Services will be available all of the time. The Services may be subject to sporadic interruptions and failures for a variety of reasons beyond ENLITE‟s control, including without limitation, third party network failures and coverage limitations, power failures, service provider uptime, and acts of God. Furthermore, Services rely on or interoperate with a number of third party products and services. These third party products and services are beyond our control and their operation or failure may impact the use and reliability of our Services. ENLITE is not responsible for damages and losses due to these third party products and services. User acknowledges these limitations and agreess that ENLITE is not responsible for any damages allegedly caused by the failure or delay of the Services.

    2. ENLITE is not responsible for damage or liability caused by (i) use of the Know Your Building™ application and the integrated devices (if any) and Services for purposes other than for which the Know Your Building™ application and the integrated devices (if any) and Services are designed or intended, or in improper conditions or in violation of written instructions provided by ENLITE ; (ii) normal wear and tear or aging; (iii) improper repair, operation, maintenance or connections or (iv) to the extent allowed by law, attempted repair by anyone other than a facility authorized by ENLITE .

20. Limitation of Liability

    1. Under no circumstances including, without limitation, its own negligence, shall ENLITE or its subsidiaries, officers, employees, affiliates, directors, agents, suppliers, distributors, licensors or any other party involved in creating, producing, transmitting, or distributing Know Your Building™ application and the integrated devices (if any) or related products and services be liable (whether in contract, tort, negligence or otherwise) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, loss of goodwill, loss of use, loss of data or other tangible and intangible losses incurred by the User or any Third Party in connection with this agreement, (regardless of whether ENLITE has been advised of the possibility of or could have foreseen such damages), resulting from:

       1. the use or inability to use the Know Your Building™ application and the integrated devices and Website

       2. unauthorized access to or alteration of transmissions or data; or

       3. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Know Your Building™ application and the integrated devices, Website.

       4. Any other matter relating to the Know Your Building™ application and the integrated devices Website provided that, some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, liability is limited to the fullest and greatest extent permitted by law.

    2. In any case, the total liability to User or any Third Party arising out of this Agreement or otherwise in connection with any subscription to, or use of the services, shall in no event exceed the twice the consideration paid by the User for purchase of the Know Your Building™ application and the integrated devices (if any) .

    3. Any claims or damages that User may have against ENLITE, shall only be enforceable against ENLITE and not any other entity or its officers, directors, representatives or agents.

    4. ENLITE has taken all due care in ensuring the safety of its users in relation to use of ENLITE, Website and Know Your Building™ application and the integrated devices,however User agrees to indemnify ENLITE against any loss or damage arising out of the use or misuse of the Know Your Building™ application and the integrated devices , Website in any manner, including loss of data, property or life.

    5. THIRD PARTY LINKS: Any third party links on Website or Know Your Building™ application and the integrated devices are not under ENLITE‟s control and ENLITE assumes no responsibility for the same.

21. Indemnity

    1. ENLITE will indemnify and hold USERS harmless, from and against any claim against Users by reason of the use of a Know Your Building™ application and the integrated devices or as permitted in these Terms , brought by a Third Party alleging that such use infringes or misappropriation a third party‟s valid legal right. Provided that (a) Prompt notice is given by the User to ENLITE of the threat or notice of such Claim;

       (b) ENLITE should have the sole and exclusive control and authority to select attorneys, and defend and/or settle any such Claim; and (c) User should fully cooperate with ENLITE in connection therewith.

    2. If use of a Know Your Building™ application and the integrated devices by Users has become, or, in ENLITE ‟s opinion, is likely to become, the subject of any such Claim, ENLITE reserves the right to, (a) procure the right to continue using the use of as set forth hereunder; (b) replace or modify a Service to make it non-infringing; or (c) if options (a) or (b) are not commercially reasonable or practicable as determined by ENLITE ,terminate the Service(s) and repay User , on a pro-rata basis, any amount previously paid to ENLITE .

    3. ENLITE shall have no liability or obligation under this clause with respect to any Claim if such claim is caused in whole or in part by ( i ) compliance with designs, data, instructions or specifications provided by User ; (ii) modification of the Know Your Building™ application and the integrated devices (if any) by anyone other than ENLITE

       .

    4. Users shall indemnify and hold ENLITE harmless against any claim brought by a third party against ENLITE arising from or related to use of a Service by Users in breach of these Terms or matters for which the User has expressly agreed to be responsible. Provided (a) ENLITE shall promptly notify User of the threat or notice of such claim; (b) User shall have the sole and exclusive control and authority to select attorneys, and defend and/or settle any such claim (however, User shall not settle or compromise any claim that results in liability or admission of any liability by ENLITE without its prior written consent).

22. Warranties & Disclaimers

    1. Each Party represents that it has validly entered into this Agreement and has the legal authority and power to do so.

    2. ENLITE warrants that

       1. These Terms and the documentation related to the Know Your

          Building™ application and the integrated devices will accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Know Your Building™ application and the integrated devices; and

       2. The Know Your Building™ application and the integrated devices will perform materially in accordance with the applicable documentation.

    3. The Know Your Building™ application and the integrated devices, Website,Know Your Building™ application and the integrated devices and the information, services, programs and materials available through it are provided on an “AS IS” AND “AS AVAILABLE” basis. To the fullest extent permissible by and pursuant to applicable law, and except provided in the above clause, ENLITE expressly disclaim s all warranties of any kind whether express or implied, including but not limited to any warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non- infringement.

    4. ENLITE does not make any warranty that (a) the Know Your Building™ application and the integrated devices, Website will meet User ‟s requirements, or (b) that the Know Your Building™ application and the integrated devices, Website service will be timely,

       uninterrupted, error free or secure (c) the quality of any products or services purchased or obtained by User through the website and that Know Your Building™ application and the integrated devices will meet its expectations, or (d) there

       will be no unauthorized access to or use of its secure servers and/or any and all personal information and/or financial information stored therein , or

       (e) that errors or defects, if any, will be corrected or (f) that they will be compatible with future products, services or software, or (g) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through its services by any third party, or(h) that any information stored or transmitted through them will not be lost, corrupted or damaged.

    5. User expressly agrees and acknowledges that it shall use the Know Your Building™ application and the integrated devices and website is at its sole risk. User acknowledges that ENLITE does not warrant that the services will be uninterrupted, timely, secure, error- free or free from viruses or other malicious software, and no information or advice obtained by User from ENLITE or through the services shall create any warranty not expressly stated in this agreement. Users understand and agree that it will be solely responsible for any damage to business or computer systems or loss of data that results from the use of the ENLITE orKnow Your Building™ application and the integrated devices.

    6. Any third party trademarks, or copyrighted material bear no affiliation with ENLITE and User should not rely on the existence of such a connection or affiliation. Any trademarks/ names featured on this Website are owned by the respective trademark owners.

23. Reviews

    1. User agrees and acknowledges that any comments submitted by it to the Website and Know Your Building™ application and the integrated devices shall not violate these Terms or any third- party rights , including IP Rights , privacy or other personal or proprietary rights and will not cause injury to any person or entity. User further confirms that comments submitted to the Website or Know Your Building™ application and the integrated devices shall not will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of spam.

    2. Users shall be and shall remain solely responsible for the content uploaded by it and agree to keep indemnified ENLITE and its affiliates for all claims resulting from any content submitted by it. ENLITE and its affiliates are not responsible nor assume any liability for any content submitted by User or any third party.

24. Force Majeure

    User agrees that any delay in the performance or non-performance by ENLITE of any of its responsibilities stated in these Terms and for any loss or damages caused where the same is occasioned by any cause whatsoever that is beyond its control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments‟ of any kind, import or export regulations, non-availability of internet connectivity,

    power failures, exchange control regulations or accident or non-availability/ delay in transport.

25. Termination

    1. This Agreement is effective unless terminated by the USER by ENLITE may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny User access to theKnow Your Building™ application and the integrated devices. Such termination will be without any liability to ENLITE.

       1. not accessing the Know Your Building™ application and the integrated devices (if any)s, Website.

       2. Closing its accounts where ENLITE has made this option available. b.

          ENLITE may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny User access to the Know Your Building™ application and the integrated devices. Such termination will be without any liability to ENLITE.

26. Relationship

    Both Parties are independent contractors, and nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between them. Users shall not make any statement that contradicts or may contradict anything in this section. The User shall not disparage ENLITE or any of its Know Your Building™ application and the integrated devices (if any)s or Services.

27. Notices

    Any notice or other communication to be given hereunder will be in writing and given to ENLITE (i) via e-mail to connect@enliteresearch.com , or (ii) physical addresses as ENLITE may specify from time to time. The date of receipt will, in the case of e-mail, be deemed the date on which such notice is transmitted.

28. Severability

    If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law,

    and the remaining provisions of these Terms shall remain in effect.

29. Governing Law & Jurisdiction

    These Terms shall be construed in accordance with the applicable laws of India. The Courts at Goa shall alone have exclusive jurisdiction in any proceedings arising out of this agreement.

     

30. Changes to Products, Modification of Terms & Conditions of Service a.

ENLITE control and may change (including all functionality) of the Know Your Building™ application and the integrated devices that it makes available to

its USERS. Such changes may improve, correct, or discontinue Know Your Building™ application and the integrated devices , it‟s Know Your Building™ application and the integrated devices or suspend or terminate the access to or use of the same at any time for any reason.

b. ENLITE reserves the right at any time to modify or amend the terms and conditions of this Agreement at its sole discretion. Any such changes will be effective upon the posting of such changes on the Website or Know Your Building™ application and the integrated devices,and User is responsible for reviewing these locations and informing themselves of all applicable changes or notices. IF ANY MODIFICATION IS UNACCEPTABLE TO USER, IT’S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. ANY CONTINUED USE of SPINTLY DEVICES AND/OR CONTINUED USE OF THE ENLITE ENABLE APP FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUTE A BINDING ACCEPTANCE OF THE CHANGE.

c. User can access the latest version of the Terms at any given time on www.enliteresearch.com