Terms and Conditions

All information available on our website regarding our products and services, including images, specifications and renderings of the MMR, is for illustrative purposes only. Our products are customisable and may be offered with different features/versions depending on customer requirements and site conditions.

Occasionally there may be information on our products, services, applications, platform or websites that contains errors, inaccuracies or omissions relating to product/service descriptions, specifications, illustrations, pricing, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information.

Certain products or services may be available exclusively through a specific channel, such as direct enterprise sales, resellers, distributors or third-party portals.

This is an agreement for access to and use of our products, services, applications, platform or websites, and save and except as provided herein, you are not granted any right, title, interest or license to any intellectual property rights under this Agreement. Our products (including the MMR and its underlying autonomy, navigation, hardware and software systems), services, applications, platform and websites are based upon our proprietary technology, intellectual property and confidential information, and are protected by applicable patent, trademark, copyright and other laws.

“Flo Mobility”, our logos, brands and other marks used by us from time to time are our trademarks and property. The appearance, layout, colour scheme and design of our products, services, applications, platform or websites are protected trade dress. Save and except as provided herein, you do not receive any right or license to use the foregoing.

We may enhance and/or modify any of our products, services, applications, platform or websites from time to time. Nothing in this Agreement shall prohibit us from making such enhancements and/or modifications.

We may use and/or incorporate into our products, services, applications, platform or websites any suggestion or feedback provided by you, without any payment or restriction.

You may be permitted to upload, post, share, transmit or otherwise make available any User Data (as defined below) — for example, through enquiry forms, demo-request forms, site surveys, or project data shared for a proof-of-concept. We assume that all User Data is of a non-confidential and non-proprietary nature. You undertake not to upload, transmit or broadcast any User Data on or through our products, services, applications, platform or websites that you consider to be of confidential or proprietary nature.

Subject to the provisions of this Agreement, you shall own and retain all rights to the User Data. We do not claim exclusive ownership of the User Data that you provide to us.

Notwithstanding the foregoing, you hereby grant us a non-exclusive, worldwide, irrevocable, perpetual, unlimited, assignable, sub-licensable through single or multiple tiers, royalty-free and fully-paid license to: (i) copy, host, use, reproduce, modify, retitle, prepare derivative works of, improve, distribute, transmit, translate, paraphrase, excerpt, redact, publish, broadcast, archive, store, cache, remove, retain, add to, combine with information provided by third parties, and publicly display the User Data for any purpose, commercial, advertising or otherwise, including (a) on, through or in respect of our products, services, applications, platform or websites; and/or (b) in our promotional and advertising materials; and/or (ii) sublicense to third parties such User Data to the extent necessary for the creation, operation and maintenance, in part or in whole, of our products, services, applications, platform or websites. You also grant us the perpetual and irrevocable right to delete any or all User Data from our systems, for any reason or no reason, without liability of any kind to you or any other person. No compensation will be paid to you in respect of our or our sub-licensee’s use of the User Data. You waive all moral rights in the User Data, and warrant that such moral rights have not otherwise been asserted.

By submitting, posting, uploading, transmitting or otherwise making available any User Data, or by engaging in any other form of communication with or through our products, services, applications, platform or websites, you warrant and represent that: (a) you have the right to post, submit and make available the User Data, and to grant the foregoing license; (b) the User Data is not false, inaccurate, or misleading; and (c) the User Data will not infringe, misappropriate or violate any third-party rights (including any intellectual property rights), or applicable laws.

User Data is your data, and we are not responsible for the appropriateness, legality, integrity, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of any such User Data. We have no obligation to pre-screen, monitor, review, or edit any content (including User Data) submitted by you. You are solely responsible for the User Data, and you will defend, indemnify and hold us and our sub-licensees harmless from any third-party claim related to a breach of the foregoing obligations, representations and warranties.

“User Data” means any and all information and data submitted by you, including without limitation texts, drawings, site plans, videos, audios, photographs, graphics, comments, suggestions, or personal information or other material that you provide, post, upload, input or submit.

We are under no obligation, but reserve the right in our sole discretion, to correct, pre-screen, filter, modify, intercept and analyse traffic of, copy, backup, redirect, transmit, refuse, limit access to, suspend, freeze, and remove any and all User Data. We may also monitor access to and use of our products, services, applications, platform or websites in order to analyse and/or improve them or add useful features.

We may collect and use data related to such use, in an aggregate and anonymous manner, including compiling statistical and performance information related to the provision and operation of our products, services, applications, platform or websites. You agree that we may use and publish such aggregate and anonymous information. You consent that we may store, process and transmit information in locations around the world. No data is stored outside of India since we have our server region in India and strict data security where no data is sent outside and no streaming of data outside of India— including those outside your country. Information may also be stored locally on devices used to access or use our products, services, applications, platform or websites.

The use and disclosure of data and information is further described in the Privacy Policy.

You represent, warrant, and covenant that: (a) you have the power and authority to enter into this Agreement, including, where applicable, on behalf of the organisation you represent; (b) you are a natural person and are at least eighteen (18) years of age; (c) you will only access and use our products, services, applications, platform or websites in accordance with the terms of this Agreement; and (d) you are, and will at all times be, in full compliance with all applicable laws.

In addition to other prohibitions set forth in this Agreement, you are prohibited from accessing or using our products, services, applications, platform and/or websites: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, central, federal, provincial or state regulations, rules or laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent/bypass the security features of or restrictions on our products, services, applications, platform or websites; (l) to remove any logo, copyright or proprietary notices, disclaimers, legends, symbols, labels, watermarks, signatures or any other like marks; (m) to start a business (including reselling) or commercially exploit our products, services, applications, platform and/or websites without our authorisation; (n) to advertise or offer to sell goods and services; or (o) to post a review without firsthand experience.

Access to or use of our products, services, applications, platform or websites may not be legal for certain persons or in certain states, countries or jurisdictions; if you access or use them from outside India, you do so at your own risk and are responsible for compliance with the laws of India.

Third-Party Sites, if any, are not under our control. We have not investigated, monitored, or checked such Third-Party Sites for accuracy, appropriateness or completeness, and we are not responsible in any manner whatsoever for the contents of any Third-Party Site, including any link contained therein, or any changes or updates thereto.

We are not responsible for any transmission received from or sent to any Third-Party Site. Third-Party Sites are provided to you only as a convenience, and their inclusion does not imply approval or endorsement by us, or any association with them. We reserve the right, in our sole discretion, to pre-screen such Third-Party Sites, but are under no obligation to do so.

Many Third-Party Sites have their own terms of use that differ from ours; this Agreement applies only to our products, services, applications, platform and websites.

“Third-Party Sites” means third-party websites linked to or mentioned on our products, services, applications, platform or websites.

We may send you newsletters, product updates and other information regarding our products, services, applications, platform or websites, and links to related websites. The information contained in such communications may be compiled from a variety of sources and may or may not be authored by us. Reliance on any information provided by us or through our products, services, applications, platform or websites, or by other users, is solely at your own risk.

We and our suppliers, licensors, licensees, affiliates, partners, subsidiaries, employees, officers, directors, representatives, agents and members make no warranty, covenant or representation, and hereby expressly disclaim all warranties, covenants and representations, whether statutory or implied: (i) that our products, services, applications, platform and websites will meet your requirements, expectations or satisfaction levels; (ii) that they will be uninterrupted, timely, secure or error-free, or that defects will be cured/corrected; (iii) regarding the suitability, reliability, accuracy, availability, completeness, validity or truthfulness of any information, material or content obtained through use of or access to them; (iv) regarding merchantability, fitness for a particular purpose, title, non-infringement, errors, mistakes, or inaccuracies of content and materials; or (v) that any information, data, download or other material available on or through hosting servers will be free of viruses, worms, trojan horses, bugs, or other destructive code.

To the maximum extent permitted by applicable law, all such information, data, software, products, services and related material are provided by us on an “as is”, “where is”, “as available”, “with all faults”, and “without recourse” basis, without warranty or condition of any kind.

No statement or information, whether oral or written, obtained from us by any means or in any fashion, shall create any warranty or representation not expressly set out in a signed commercial agreement between you and us.

In no event shall we or our suppliers, licensors, licensees, affiliates, partners, subsidiaries, employees, officers, directors, representatives, agents and members be liable for any direct, indirect, punitive, incidental, special, consequential, exemplary or other type of injury/loss/damage, including without limitation for loss of use, data, revenue or profits, arising out of or in any way connected with the use or performance of our products, services, applications, platform and websites, whether based on contract, tort, negligence, strict liability, the failure of any limited remedy to achieve its essential purpose, or otherwise, even if advised of the possibility of such injury/loss/damage.

We and our suppliers, licensors, licensees, affiliates, partners, subsidiaries, employees, officers, directors, representatives, agents and members are not liable or responsible for any injury, damage to property, or death arising from or in connection with the website, applications or online platform, save to the extent such liability arises from the operation of MMR units delivered under a separate signed commercial agreement, which shall be governed by the terms of that agreement.

You understand and agree that the foregoing limitation of liability is an agreed allocation of risk and an essential part of this Agreement, and that without it we would not have entered into this Agreement with you.

This Agreement shall remain in full force and effect while you access or use our products, services, applications, platform and/or websites.

You may terminate your use or participation at any time, for any reason, by ceasing to use our products, services, applications, platform and websites and notifying us. Termination as against you shall not be effective until you have complied with all your obligations under this Agreement.

We have the right to immediately terminate this Agreement or suspend your access to or use of our products, services, applications, platform and/or websites for any reason or no reason.

We reserve the right, from time to time, to suspend or discontinue any products, services, applications, platform and/or websites, in whole or in part, with or without notice. You agree that we will not be liable to you or any third party for any such discontinuance or suspension.

All previous data and information collected by us may be removed by us on termination, or at any time, at our sole discretion, subject to our obligations under the Privacy Policy and applicable law.

Adequate Consideration.You agree that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby confirmed and acknowledged by you, including your access to and/or use of our products, services, applications, platform and/or websites.

Entire Agreement.Unless otherwise expressly stated herein, this Agreement (read with any other agreement signed by us and our Privacy Policy) constitutes the entire agreement between you and us with respect to our products, services, applications, platform and websites, and supersedes all prior or contemporaneous communications, proposals and agreements, whether electronic, oral or written, between you and us on the subject matter of this Agreement. We object to and reject any additional or different terms proposed by you. Our failure to object elsewhere to any provision of any subsequent document, communication or act put forth by you shall not be deemed a waiver of any of the terms hereof.

Assignment.You shall not assign or transfer this Agreement, in part or full, without our prior written consent. We may assign or transfer this Agreement, in full or in part, along with all rights and benefits, to any successor or assign or any other person without notice to or consent from you.

Amendment.We may update and change any part or all of this Agreement, including but not limited to product/service descriptions, prices and charges, at our sole and absolute discretion.

No Waiver.No delay in exercising our rights or remedies will operate as a waiver of such right or remedy, or of any other right or remedy. A waiver on one occasion will not be construed as a waiver on any future occasion.

Force Majeure.We shall not be responsible for failure or delay of performance if caused by an act of war, hostility or sabotage; act of God; electrical, internet or telecommunication outage; government restrictions (including lock-down); or any other event outside our or our service providers’ reasonable control.

Relationship.This Agreement is on a ‘principal to principal’ basis. No joint venture, partnership, employment or agency relationship exists between you and us as a result of this Agreement or your access to or use of our products, services, applications, platform and/or websites.

Feedback.By providing comments, creative ideas, suggestions, reviews, proposals, plans, and other feedback relating to our products, services, applications, platform and/or websites (“Feedback”), you grant us an irrevocable, perpetual, exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense, to edit, copy, publish, distribute, translate, use and exploit such Feedback, in any format or medium now known or developed in future, for any purpose. We will have no obligation to credit or compensate you for any Feedback, and reserve the right to accept, reject, or remove Feedback in our sole discretion.

Communication and Notices.Communications between you and us use electronic means — whether through our products, services, applications, platform and/or websites, or via email, or through notices posted by us. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement as if in hardcopy writing. Notice shall be sent to the contact address set out below (as may be updated from time to time) and shall be deemed delivered as of the date of actual receipt.

Language.This Agreement and all related documents shall be drawn up in the English language and shall be interpreted only in the English language.

Headings.The headings of sections/clauses in this Agreement are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agreement.

Independent Review.You acknowledge and agree to having read and fully understood the terms and conditions of this Agreement and all related policies referenced and incorporated herein, and agree to all its terms. You acknowledge having independently evaluated all aspects of this Agreement and are not relying on any representation, warranty, guarantee or statement other than as set out herein. There will be no presumption for or against us or any other person arising out of or relating to the identity of the drafters of this Agreement.

Severability.If any part of this Agreement is determined to be invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall continue in effect.

Governing Law and Dispute Resolution.To the maximum extent permitted by law, this Agreement shall be governed by the laws of India, without reference to conflicts of law principles; and, subject to the arbitration provision below, you hereby consent to the exclusive jurisdiction and venue of courts in Bengaluru, Karnataka in all disputes arising out of or relating to the access to or use of our products, services, applications, platform and/or websites, or relating to this Agreement. Any dispute under this Agreement shall be referred for resolution by arbitration by a sole arbitrator appointed by us. Such arbitration shall be governed by the Arbitration and Conciliation Act, 1996, and rules thereto, as amended from time to time, and shall be held at Bengaluru, Karnataka. The arbitration shall be confidential, and you shall not disclose the existence, content or results of any arbitration, except as may be required by law or to enforce the arbitration award. You hereby waive any claim to personal jurisdiction and venue in the above-referenced courts and agree not to challenge or object to such jurisdiction.

Survival.The provisions of this Agreement which by their nature survive — including without limitation those pertaining to our proprietary rights, your indemnification obligations, your confidentiality obligations, our disclaimers, our limitations of liability and termination provisions — shall survive the expiry or termination of this Agreement.