Table of Contents
Before accepting the Agreement, you are supposed to thoroughly read all contents of the Agreement, and fully know its terms. In case of any doubt for the terms of the Agreement, please contact LOFT. You are not allowed to use the service before you have read and accepted all terms of the Agreement. Once you sign up, or use any of the applications or service or platform provided by LOFT in any form, it will be deemed that you have read and agreed with the restriction of the Agreement and rules above. In case of any breach of the Agreement, LOFT has the right to unilaterally restrict, suspend or terminate the service for you, and has the right to investigate your relevant responsibilities.
The Service Agreement (hereinafter referred to as "the Agreement") is signed by you and LOFT Brand with parent company Lytiva Electronics Private Limited (hereinafter referred to as "Lytiva"). It includes (but not limited to) LOFT's Privacy Policy and other contents. In case of change, LOFT will announce such change on its official website without further notification. Upon announcement, the changed agreement and rules become a part of the Agreement automatically, without further notification to you for your consent. In case of objection to such relevant changes, stop using LOFT's service; if you keep using it, it will be deemed as that you hold no objections against the changed rules and agree to abide by them.
I. Definitions of Terms
1.1 Licensed Software
Licensed software refers to software system developed by LOFT.
1.2 Definition of Services
Services refer to services provided for you by LOFT. You can use such services on the computer or mobile phone or any processing device with the licensed software.
II. Service
2.1 IoT and Smart Home Device Services
LOFT offers you Internet of Things (IoT) and Smart Home Device services, based on various software provided by LOFT such as and not limited to LOFT IoT Cloud Platform, LOFT Devices, Third party Smart devices integrated with LOFT, INHOME OS, and other Licensed software.
III. Scope of Service
3.1 Grant of Rights to Use the Product
LOFT grants you the right to use the product based on this software.
3.2 Prohibited Actions Regarding Product Usage
You are prohibited to license, sell, lease, transfer, issue the product in any form, or use the product for other commercial purposes.
3.3 Non-Commercial Usage of Licensed Software
You acknowledge that the licensed software can only be used for non-commercial purposes and commercial installation, application and running of the licensed software is prohibited. If such commercial operation is necessary, prior written authorization and permission from LOFT shall be obtained.
3.4 Changes and Upgrades to Licensed Software
LOFT may change, upgrade or transfer the licensed software or relevant functions from time to time, and may add new functions or services in the licensed software system. If no separate agreements are accompanied with the aforesaid new functions or services, you are entitled to the corresponding functions and services, which is also subject to the Agreement.
3.5 Responsibilities Regarding Data Accuracy and Backup
You shall be responsible for the accuracy, reliability, integrity and legality of input data and legality of the way in which you obtain the data, and shall back up data and information from time to time. You shall bear all risks for damage and loss of such information.
IV. A Third Party
4.1 Third-Party Services and Software
Some of the services provided by LOFT are based on services and software provided by a third party.
4.2 Third-Party Software Libraries
Some of the software provided by LOFT include software libraries provided by a third party.
4.3 Third-Party Hardware Devices
Some of the third party hardware devices are provided by partnered brands and integrated on LOFT software.
V. Service Application Standard
5.1 Breach of Application Standards
You shall use the licensed software in a normal manner. The following ways are in breach of the application standard:
- Issue or share computer virus, worms, malicious codes, or software that deliberately damages or changes computer system or data.
- Collect information or data of other users without authorization, for example, email address and the like.
- Maliciously use the product in an automatic way, causing overload to the server, or interfere with or damage web server and network links in other forms.
- Attempt to visit server data or communication data of the product without authorization.
- Interfere with or damage the production application by other users.
5.2 Enforcement of Application Standards
You understand and agree that:
- LOFT will determine whether or not you are involved in violation of standards above, and suspend or terminate your application license according to determination results or take other restrictions according to agreements.
- Collect information or data of other users without authorization, for example, email address and the like.
- LOFT will directly delete information in breach of laws, or infringing others' legal rights, or in breach of the Agreement issued by you when using the licensed software.
- If a third party suffers from damage due to your breach of application standards, you shall independently bear legal responsibility in your name, and protect and indemnify LOFT from losses or additional expenses generated therefrom. Otherwise, LOFT has the right to claim compensation.
- If LOFT suffers from any loss due to your breach of relevant laws or the Agreement, you shall compensate LOFT for losses and (or) expenses generated therefrom.
VI. Privacy Policy and Data
It is crucial for LOFT to protect your personal information as per the Privacy Policy available at https://loftiot.com/privacy-policy, in which contents related to ownership and protection of intellectual property, collection, use, share, storage and protection, etc. of your information are disclosed.
VII. Exception Clauses
7.1 Limitation of LOFT's Responsibility
Unless otherwise specified in laws and regulations, LOFT will do its best to ensure the security, validity, accuracy, and reliability of the licensed software and technologies and information involved, but LOFT is unable to guarantee the same due to restrictions by available technologies nowadays.
7.2 Force Majeure and Third-Party Default
You understand that LOFT will not assume responsibility for direct or indirect losses caused by force majeure and default of a third party.
7.3 Internet Dependency and Service Interruptions
You have been informed that the usage of LOFT software and services require Internet service, which may be affected by speed of the Internet and stability of the Internet connection. Although LOFT has taken safeguard measures, the service may be suspended, terminated, delayed, suffered from application restriction or application failure due to inherent defects of Internet and e-communication as well as factors beyond reasonable control of any party to the Agreement (including but not limited to fire, flood, terrorist attack, pestilence, natural disasters, riot, terminal virus, hacker attack, network fault and terminal fault). You hereby agree to bear foregoing risks and agree that LOFT is free from any responsibility when normal running of services are influenced by the occurrence of foregoing risks.
7.4 BLE-MESH Technology and Environmental Impact
You have been informed that most of the LOFT devices are developed on BLE-MESH technology. Some of the parameters in the environment may affect the BLE range of the device.
VIII. Governing Laws and Severability
This Agreement shall be governed by and construed in accordance with the laws of India. Any dispute arising in relation to this Agreement that the Parties are unable to settle amicably, shall be settled under Gujarat Jurisdiction.