End User License Agreement
1. Permitted Use
This WorkInSync Mobile Application (App) is developed by MoveinSync Technology Solutions Private Limited (MIS) specifically for the purpose of enhancing existing user experience of workspace management and employee tracking of MIS Customer/Users and their respective employees (End User(s)) who, in their regular course of employment, are required to access MIS workspace management solution, also known as WorkInSync (WIS).
This App is in no way expected to act as a safety/security App. The Face Mask Recognition Feature (FMRF) of the App is purely a facilitative feature whose successful functioning depends upon a wide variety of factors, including but not limited to, network and software connectivity, camera quality of the phone. FRMF is designed solely to provide the End Users the opportunity to book their desks in their workspace, show attendance of working from home (WFH) or working from office (WFO) to their facility managers and other team members and is managed entirely by their respective employers. The FMRF is neither expected nor required to guarantee any kind of help/support to an End User in a stressful situation. The End Users acknowledge and agree that their safety and security is the responsibility of their respective employers and themselves. FMRF is designed for supplementing End Users’ existing security ecosystem since pandemic and not as a replacement of the same. MIS, under no circumstances, can be held accountable or responsible, in any manner whatsoever, for averting any incidents impacting the End Users.
Use of this App (including any/ all of its features) is subject to the terms contained hereunder (Terms). Before using this App, you are required to read and understand all the Terms, and print or save a local copy for your records.
- Acceptance of the Terms
In order to use the App, you must agree to the Terms. You can accept the Terms by:
- clicking to accept or agree to the Terms, where this option is made available to you by MIS in the user interface for the App;
- using the App. In this case, you understand and agree that MIS will treat your use of the App as acceptance of the Terms from that point onwards.
You represent that you have full power, capacity and authority to accept these Terms. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you don’t have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms.
MIS may, at its sole discretion and without providing any prior notice to you, add, modify and/or delete any of the features of the App or stop the App, temporarily or permanently, without attracting any liability. You acknowledge and agree that the look and feel of the App may change from time to time, without prior notice to you. MIS reserves the right to refuse or discontinue the App to anyone, and to disable End Users access to the App or to any features of the App, at any time, in its sole discretion and with or without notice.MIS also reserves the right to release subsequent versions of the App and to require you to obtain and use the most recent version of the App. The App currently does not include advertising. However, MIS reserves the right to include advertising in the App.
- MIS Proprietary Rights and Limited Licensing
You acknowledge and agree that MIS (or MIS’s licensors and their suppliers, as applicable) own all legal right, title and interest in and to the WIS App, including any intellectual property rights that subsist in the App (whether those rights happen to be registered or not, and wherever in the world those rights may exist).MIS gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the App as provided by MIS, in the manner permitted by the Terms.Except as expressly permitted under the Terms, or unless you have received prior written authorization from MIS, MIS’s licenses above are subject to your adherence to all of the restrictions below:
- access or use the App through any technology or means other than those provided in the App, or through other explicitly authorized means MIS may designate;
- copy, translate, modify, create a derivative work of, or publicly display the App or any part thereof;
- charge users or any other third party any fee solely for the use of the App unless you have entered into a separate written agreement with MIS or obtained MIS’s written permission to do;
- reverse engineer, decompile or otherwise attempt to extract the source code of the App or any part thereof, unless this is expressly permitted or required by applicable law; or
- delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the App;
MIS claims no ownership over your personal data and you retain copyright and any other rights you already hold in your personal data.
- MIS Proprietary Rights and Limited Licensing
Personal Data we collect:
We collect personal data like gender, mobile number and address either directly from you or through your organization to enable the various services offered by your organization and to provide you the best experience with our application.
How we use personal data:
MoveInSync uses the data we collect to enable services that are either mandated by regulatory requirements or are part of the workspace management related policy of your respective organization, which includes using data to improve and personalize your experience. We also may use the data to communicate with you, for example, informing you about your account, product information, ongoing or upcoming office bookings etc. In the case of office desk booking, we share your desk bookings with your teams so they can view where you are sitting and book a seat nearby to yours.
Reasons we share Personal data:
We share your personal data with your consent or as necessary to provide any service you or your organization have requested or authorized. We also share data with vendors working on our behalf; when required by law or to respond to legal process; to protect our Customer/Users; to protect lives; to maintain the security of our product; to enable services requested by your organization. By accepting to use the App on the Terms, you give MIS requisite non-exclusive license to view and use your personal data enabling MIS to deliver services required by law; your organization and to improve your experience with using the application. In case you would like to know more about what personal data we consume and how, please reach out to us at firstname.lastname@example.org
The Terms will continue to apply until terminated by either you or MIS as set out below.You may terminate your legal agreement with MIS by discontinuing your use of the App at any time, and removing the App from your handheld/smartphone. You do not need to specifically inform MIS when you stop using the App. MIS may, at any time, terminate its legal agreement with you at its discretion without prior notice to you.
- Exclusion of warranties
You expressly understand and agree that the app is being made available to you purely on an “as-is” basis, without warranties of any kind. You expressly understand and agree that your Use of the app is at your sole risk and discretion. You will be solely responsible for any Injury that results from the download or use of the app.In particular, mis does not represent or warrant to you that:
- Your use of the app will meet your requirements;
- Your use of the app will be uninterrupted, timely, secure or free from error;
- Any information obtained by you as a result of your use of the app will be accurate or reliable; and
- That defects in the operation or functionality of the app will be corrected.
MIS further expressly disclaims all warranties and Conditions of any kind, whether express or Implied, including but not limited to the implied warranties and conditions of Merchantability, fitness for a particular purpose and non-infringement.
- Limitation of liabilityYou expressly understand and agree that mis will not Be liable to you for:
- Any direct, indirect, incidental, special, consequential or exemplary damages that may Be incurred by you, however caused and under any theory of liability (including, but not Be limited to, any loss of profit (whether incurred directly or indirectly), any loss of Goodwill or business reputation, any loss of data, cost of procurement of substitute Goods or services, or other intangible loss);
- Any loss or damage as a result of:
- Any reliance placed by you on the completeness, accuracy or existence of any Advertising, or as a result of any relationship or transaction between you and any Advertiser or sponsor whose advertising appears on the app;
- Any changes that MIS may make to the app, or any permanent or temporary cessation in the Provision of the app (or any features within the app); or
- The deletion of, corruption of, or failure to store, any content and other Communications data maintained or transmitted by or through your use of the app.
The above limitations on MIS’s liability to you will apply whether or not mis have been Advised of or should have been aware of the possibility of any such losses or damages.
The Customer/User shall indemnify, defend and hold harmless the Service Provider (MIS) and its officers, directors, employees, agents, group companies and affiliates from and against any and all expenses, damages, claims, suits, actions, judgments and costs, whatsoever, including attorney’s fees, arising out of, or in any way connected with (a) Customer’s breach of the terms of this Agreement (including confidentiality obligations under this Agreement; (b) Customer’s infringement of any Intellectual Property Rights or use of the Licensed Software in a manner not authorized by this Agreement; (c) any claim made by a any party arising from Customer’s use of the License; and (d) gross negligence, wilful misconduct, misrepresentation or fraud by Customer in the performance of its obligations under this Agreement.
Intellectual Property Rights
“Intellectual Property” means and includes all intellectual property and proprietary information, in any part of the world, whether registered or not registered, and in particular (i) all trademarks, service marks, trade names, logos, domain names; patents, design rights; trade secrets, including, know-how, technology, formulae, industrial and commercial information, techniques and inventions; processes, manuals, documentation, and technical data and information; copyrights, works of authorship, and topography rights, data base rights; computer hardware and software including source code, computer programs, user interfaces, software applications, software platform or infrastructure and any other information in relation to the above; (ii) all rights under licenses in respect of all of the above; (iii) any applications or registrations for the protection of all of the rights specified at sub-clause (i) and (ii) herein above; and (iv) all renewals and extensions thereof; and the term “Intellectual Property Rights” shall be construed accordingly.
- All Intellectual Property Rights in and title to the Licensed Software the present or future modifications / upgradations thereof, Updates and New Releases shall unconditionally remain under the exclusive ownership of the MIS at all times. This Agreement does not and shall not transfer any ownership or proprietary interest in the Licensed Software from MIS to the Customer/User. It is clarified that the License for the use of the Licensed Software is applicable only within the territory of India and is not a worldwide license.
- The Customer/User understands and acknowledges that the License granted herein pertains to the Licensed Software developed solely developed by the MIS, and does not include a license to any third-party software or intellectual property. Unless otherwise expressly agreed upon, the Customer/User shall be solely responsible for obtaining and maintaining such third-party software and Intellectual Property Rights, at its sole cost and expense. The Customer/User shall have no rights whatsoever with respect to any other MIS software or products not expressly subscribed or licensed under this Agreement.
- The Customer/User shall at no time, during the term of this Agreement or after its termination, contest the validity or ownership of the Intellectual Property of the MIS. The Customer/User shall not use or register any trademark, design, product name or trade name which is confusingly similar to the MIS’s trademarks, product names or trade names. The Customer/User agrees to promptly notify the MIS of any claims, demands or notices arising in connection with the MIS’s Intellectual Property. The Customer/User shall provide necessary support, execute documents and do such acts and things as may be reasonably requested by the MIS in this regard.
“Personal Information” shall mean any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity or medical or health information of that natural person and shall include any data and information which is classified as ‘personal data’ under Applicable Law.
- MIS shall implement and maintain security practices and procedures for Personal Information, that are consistent with leading industry standards, but no less protective than are required to maintain a reasonable standard of security and comply with all Applicable Laws.
- For any Personal Information which is shared by the Customer/Users with their organization or MIS (directly or indirectly), the user’s organization shall be responsible to ensure that relevant consents, authorizations or waivers have been obtained from the individuals/users, and the correctness and accuracy of such Personal Information and the Service Provider (MIS) shall have no liability towards the User’s organization or the individual users itself arising as a result of the collection, correctness and accuracy of any such Personal Information.
- The Service Provider (MIS) shall only use, access or process Personal Information as per the directions of the Users’s employer and only for the purpose of this Agreement. The Parties (MIS & users’ employer) will ensure that they are in compliance with all Applicable Laws while handling any Personal Information and shall execute such agreements as may be necessary to ensure compliance with Applicable Laws, if required.