Terms and Conditions

1. Introduction and Terms of Use

The terms and conditions contained hereinafter (“TERMS OF USE”) shall apply to the use of the website utracker.xyz and any other linked pages, products, software(s), API keys, features, content or application services (including but without limitation to any mobile application services) in connection therewith, offered from time to time by Smartsense Technologies Private Limited (“DataMedai Solutions Private Limited” or “WE” or “OUR” or “US” or “Utracker”) (collectively, “WEBSITE”). Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website (“SERVICES”)) (hereinafter referred to as a “USER”, “SELLER”, “YOU” or “CLIENT”) shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately put up on the Website) and unconditionally and irrevocably accepted the terms and conditions set out herein (these Terms of Use). These Terms of Use, together with the rest of the Policies (defined below), constitute a binding and enforceable agreement between the User and DataMedai Solutions Private Limited. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with DataMedai Solutions Private Limited for other services.

Please read the terms set out hereunder carefully before agreeing to the same. If you do not agree to these Terms of Use (including any referenced policies or guidelines), please immediately terminate your use of the Website. You can accept the Terms of Use by: Clicking to accept or agree to the Terms of Use, where this option is made available to you by DataMedai Solutions Private Limited in the User interface for any particular Service; or Accessing, testing or actually using the Services. In this case, you understand and agree that DataMedai Solutions Private Limited will treat your use of the Services as acceptance of the Terms of Use from that point onwards. For the purpose of these Terms of Use, wherever the context so requires, the term “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of itself or any other legal entity.

It is clarified that the Privacy Policy (that is provided separately), form an integral part of these Terms of Use and should be read contemporaneously with the Terms of Use. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Terms of Use. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms of Use shall be binding upon the User. The Terms of Use may be revised or altered by us at our sole discretion at any time without any prior intimation to the User. The latest Terms of Use will be posted here. Any such changes by DataMedai Solutions Private Limited will be effective immediately. By continuing to use this Website or to access the Services / usage of our Services after changes are made, you agree to be bound by the revised/ amended Terms of Use and such amendments shall supersede all other terms of use previously accepted by the User. You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction that may be applicable to you in connection with your business and use of our Services.

2. Use of the Services by User

In order to access certain Services, you may be required to open a User account with DataMedai Solutions Private Limited by providing information about yourself (such as identification or contact details) as part of the registration/sign up process (“REGISTRATION DATA”) for the Services, or as part of your continued use of the Services. You agree that any Registration Data you give to DataMedai Solutions Private Limited will always be accurate, correct, complete and up to date. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is in violation of applicable law or not in accordance with the Terms of Use (whether wholly or in part), we reserve the right to reject your registration and/ or indefinitely suspend or terminate your User account and refuse to provide you access to the Website. Further, you agree to indemnify and keep us indemnified from and against all claims resulting from the use of any detail/ information/ Registration Data that you post and/ or supply to us. We shall be entitled to remove any such detail/ information/ Registration Data posted by you without any prior intimation to you. Notwithstanding anything else contained in any other agreement involving you and DataMedai Solutions Private Limited and/ or any other third party, in order to ensure that we are not violating any right that you might have in your Registration Data, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data that you have supplied to us.

Any amendment or rectification of your Registration Data in the User account can be carried out by accessing the “User account” section on the Website. You may choose to delete any or all of your User content/ information or even the User account at any time. Processing such deletion may take some time, but the same shall be done by DataMedai Solutions Private Limited. We may maintain backup of all User content for such time as may be required under applicable laws and for operational purposes of DataMedai Solutions Private Limited. You are solely responsible for maintaining the confidentiality of your account and password and for any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure on your part to protect your login ID or password or any other credential pertaining to your account. You should take all necessary steps to ensure that the password is kept confidential and secure. In the event of any dispute between two or more parties as to ownership of any particular account with DataMedai Solutions Private Limited, you agree that DataMedai Solutions Private Limited shall be the sole arbitrator for such dispute and that DataMedai Solutions Private Limited’s decision in this regard will be final and binding on you.You understand and undertake that you shall be solely responsible for your Registration Data and User content and undertake to, neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that: Belongs to another person and to which you do not have any right to; Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; Harms minors in any way; Infringes any patent, trademark, copyright or other proprietary rights of any person or entity anywhere in the world; Violates any law for the time being in force; Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; Impersonates another person; Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or Is illegal in any other way.

You agree and understand that DataMedai Solutions Private Limited reserves the right to remove and/or edit such detail/ information. If you come across any information as mentioned above on the Website, you are requested to immediately contact our Grievance officer. You agree to use the Services only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to use the data owned by DataMedai Solutions Private Limited (as available on the Website or through any other means like API(s) etc.) only for personal purposes and not for any commercial use unless agreed to by DataMedai Solutions Private Limited in writing. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by DataMedai Solutions Private Limited, unless you have been specifically allowed to do so in a separate agreement with DataMedai Solutions Private Limited. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) on this Website. Unless you have been specifically permitted to do so in a separate agreement with DataMedai Solutions Private Limited, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that DataMedai Solutions Private Limited has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which DataMedai Solutions Private Limited may suffer) of any such breach. You further agree to the use of your data by us in accordance with the Privacy Policy. DataMedai Solutions Private Limited may share any Content (defined hereinafter) generated by the User or their Registration Data with governmental and regulatory agencies who are lawfully authorised for investigative, protective and cyber security activities. Such information may be transferred for the purposes of verification of identity, or for prevention, detection, investigation, prosecution pertaining to cyber security incidents and punishment of offences under any law for the time being in force. If you have opted for use of DataMedai Solutions Private Limited’s ‘subscriptions’ product by virtue of which you have set up a standing instruction (“RECURRING PAYMENT INSTRUCTION”) to charge your chosen payment method (such as credit card, debit card or bank account) as per the billing cycle communicated by you to DataMedai Solutions Private Limited, then you consent that the relevant amount will be charged to such payment method as per the billing cyclecommunicated to DataMedai Solutions Private Limited. You agree that DataMedai Solutions Private Limited shall continue to charge the relevant amount to the relevant customer’s chosen payment method as per such billing cycle until you or the customer terminates the Recurring Payment Instruction. You further agree that if you revoke your consent to the Recurring Payment Instruction then you shall inform us of the revocation in writing for us to cease processing the Recurring Payment Instruction forthwith upon the revocation but no later than 7 (seven) days prior to the next instance of charge. If such intimation of revocation of Recurring Payment Instruction is made less than 7 (seven) days prior to the next instance of charge or is not made at all, DataMedai Solutions Private Limited shall not be liable for any charge applied for that month pursuant to the revocation or not be liable at all, as applicable.

3. Eligibility

Any person who is above eighteen (18) years of age and competent to contract under the applicable laws is eligible to access or visit the Website or avail the Services displayed therein. Your use or access of the Website shall be treated as your representation that you are competent to contract and if you are registering as a business entity, then you represent and warrant that you have the authority to bind such business entity to the Terms of Use. Without generality of the foregoing, use of the Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872 and any amendments thereto. The User represents and warrants that it will be financially responsible for all of User’s usage (including the purchase of any Service) and access of the Website. The User shall also be responsible for use of User’s account by others. The Terms of Use shall be void where prohibited by applicable laws, and the right to access the Website shall automatically stand revoked in such cases.

4. Content in the Services

For the purposes of these Terms of Use, the term “CONTENT” includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts,articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the Services. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to DataMedai Solutions Private Limited (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by DataMedai Solutions Private Limited or by the owners of that Content, in writing and in a separate agreement. DataMedai Solutions Private Limited reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. DataMedai Solutions Private Limited reserves the right to moderate, publish, re-publish, and use all User generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favorites, votes) posted on the Website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. DataMedai Solutions Private Limited is not liable to pay royalty to any User for re-publishing any content across any of its platforms.

If you submit any material on the Website, you agree thereby to grant DataMedai Solutions Private Limited the right to use, moderate, publish any such work worldwide for any of its product(s), whether owned or affiliated. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, your use of the Services will be at your own risk. You agree that you are solely responsible for (and that DataMedai Solutions Private Limited has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which DataMedai Solutions Private Limited may suffer) by doing so.

5. Proprietary Rights

You acknowledge and agree that DataMedai Solutions Private Limited (or DataMedai Solutions Private Limited’s licensors) owns all legal and proprietary right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by DataMedai Solutions Private Limited and that you shall not disclose such information without DataMedai Solutions Private Limited’s prior written consent. Unless you have agreed otherwise in writing with DataMedai Solutions Private Limited, nothing in the Terms of Use gives you a right to use any of DataMedai Solutions Private Limited’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Unless you have been expressly authorized to do so in writing by DataMedai Solutions Private Limited, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.

6. Exclusion of Warranties

Nothing in these Terms of Use, including this paragraph 8, shall exclude or limit your warranty or liability for losses unless they are excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. DataMedai Solutions Private Limited disclaims any implied warranty for Services and any use thereof. You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an “as is” and “as available” basis. In particular, DataMedai Solutions Private Limited, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: The information or Contents provided on the Website are accurate, complete and updated; Your use of the Services will meet your requirements; Your use of the Services will be uninterrupted, timely, secure or free from error; Any information obtained by you as a result of your use of the Services will be accurate or reliable; and That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from DataMedai Solutions Private Limited or from the use of Services shall create any warranty not expressly stated in these Terms of Use. DataMedai Solutions Private Limited 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.

7. Representations & Warranties of User

The User hereby represents and warrants: That User, in case of a natural person, is at least 18 years old with a conscious mind fit and proper to enter into this agreement (the “Policies”), is with valid credentials and is an entity who is legally eligible to carry out or operate a business; That User/ seller shall be solely responsible for understanding and complying with any and all applicable laws relevant to the User and their business, and any liability, whether pecuniary or otherwise, arising from any non-compliance of such applicable laws shall be at the sole cost and risk of such User; That all data, information, inventions, intellectual properties (including patents, trademarks, copyrights, design and trade secrets), know-how, new uses and processes, and any other intellectual property right, asset or form, including, but not limited to, analytical methods, procedures and techniques, research, procedure manuals, financial information, computer technical expertise, software for the purpose of availing of services of DataMedai Solutions Private Limited and any updates or amendments thereto is and shall be the sole intellectual property of DataMedai Solutions Private Limited and should in no way be construed to grant any rights and/ or title to the User in such intellectual property of DataMedai Solutions Private Limited;

8. Indemnity

The User shall indemnify and hold DataMedai Solutions Private Limited, its subsidiaries, affiliates, promoters, directors, employees, contractors, licensors and agents and any other related or third parties involved with DataMedai Solutions Private Limited in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of: Fraud, negligence and willful misconduct by the User in the use of the Services; Violation of applicable laws in the use of the Services and/ or in the conduct of the business of the User, including but not limited to the legal provisions

9. Limitation of Liability

Subject to the overall provisions stated above, you expressly understand and agree that DataMedai Solutions Private Limited, its subsidiaries, affiliates, promoters, directors, employees, agents and licensors shall not be liable to you for: Any direct, indirect, incidental, special, consequential, punitive or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, 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 suffered, cost of procurement of substitute goods or Services, or other intangible loss; 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 Services; Your failure to keep your password or account details secure and confidential. The limitations on DataMedai Solutions Private Limited’s liability to you shall apply whether or not DataMedai Solutions Private Limited has/ had been advised of or should have been aware of the possibility of any losses to you.

10. Force Majeure

DataMedai Solutions Private Limited shall not be in breach of its obligation hereunder if it is delayed in the performance of, or is unable to perform (whether partially or fully) its obligations (provide the Services) as a result of the occurrence of a Force Majeure Event (defined below). Force Majeure Event means any event, whatever be the origin, not within the reasonable control of DataMedai Solutions Private Limited, which DataMedai Solutions Private Limited is unable to prevent, avoid or remove or circumvent by the use of reasonable diligence. Force Majeure event shall include, but shall not be limited to, acts of god, acts, orders, directions of governmental/ regulatory/ judicial/ quasi-judicial/ law enforcement authorities/ agencies which hinders DataMedai Solutions Private Limited from performing its obligations under any agreement, including these Terms of Use, with you, war, hostilities, invasion, armed conflict, act of foreign enemy, embargoes, riot, insurrection, labour stoppages, outages and downtimes systems failures experienced by a facility provider, revolution or usurped power, acts of terrorism, sabotage, nuclear explosion, earthquake, pandemic, epidemic, hacking or man in the middle attack or similar attacks/ intrusions, fires, typhoons, storms and other natural catastrophes. Any payment obligations of DataMedai Solutions Private Limited, in case of a Force Majeure event, shall be limited by and be subject to the fulfillment of the payment obligations of the partners banks/ financial institutions, counterparties and any other parties involved in or intrinsically linked to the provision of the Services of DataMedai Solutions Private Limited.

11. Confidentiality

The User may receive or have access to certain confidential and proprietary information, including without limitation, information belonging and/or relating to DataMedai Solutions Private Limited and its affiliates, marketing prospects, contractors, officers, directors or shareholders, personal data of customers of the User, financial and operational information, billing records, business model and reports, computer systems and modules, secure websites, reporting systems, marketing strategies, operational plans, proprietary systems and procedures, tradesecrets and other similar proprietary information, including technical “know-how”, methods of operation, business methodologies, software, software and technology architecture, networks, any other information not generally available to the public, and any items in any form in writing or oral, clearly identified as confidential (“CONFIDENTIAL INFORMATION”). The User shall keep Confidential Information in confidence. The User shall use commercial, reasonable and necessary safety measures and steps to maintain the confidentiality and secrecy of the Confidential Information from public disclosure, and the User shall at all times maintain appropriate measures to protect the security and integrity of the Confidential Information. The User shall not, without DataMedai Solutions Private Limited’s prior written consent, divulge any of the Confidential Information to any third party other than the User’s officers, employees, agents or representatives who have a need to know for the purposes of these Terms of Use. The User shall take all reasonable steps to ensure that all of its directors, managers, officers, employees, agents, independent contractors or other representatives comply with this paragraph 12 whenever they are in possession of Confidential Information as part of this Agreement. The User shall use the Confidential Information solely in furtherance of and in connection with the Services contemplated under these Terms of Use. The User further agrees that the Confidential Information will not be used by him/ her and his/ her representatives, in any way detrimental to the interests of DataMedai Solutions Private Limited.

12. Payments

In consideration of the Services rendered by us, you shall pay DataMedai Solutions Private Limited a subscription fee or product fee (“FEE”). DataMedai Solutions Private Limited reserves the right to revise the Fee periodically and will intimate you of any such change within reasonable time. DataMedai Solutions Private Limited shall be entitled to charge on the Fee, taxes applicable from time to time (“APPLICABLE TAXES”). It is agreed that any statutory variations in Applicable Taxes during the subsistence of this Agreement shall be borne by the User. Periodic invoices shall be raised by us in respect of the Fees charged. In case the payment for the invoice is not received within seven (7) calendar days, DataMedai Solutions Private Limited reserves the right to discontinue Services without prior notice. The Services may be reactivated after a penalty charge. Any reasonable dispute in respect of an amount (or a portion thereof) mentioned in an invoice must be communicated by the User via notice (“INVOICE DISPUTE NOTICE”) within a reasonable period of time but no later than seven (7) calendar days from the date of the invoice. DataMedai Solutions Private Limited shall use good faith efforts to reconcile any reasonably disputed amounts within reasonable time from the receipt of the Invoice Dispute Notice. Further, DataMedai Solutions Private Limited also reserves the right to close, suspend, limit or put on hold the User’s access to the account with DataMedai Solutions Private Limited inter alia the following scenarios: For violation of any of the provisions of these “Terms of Use”; For violation of any of the provisions of any other agreement that the User has entered into or might enter into with DataMedai Solutions Private Limited; and For violation of any of the applicable laws by such User.

13. Technical Issues & Delivery Policy

In case of any technical issues, please raise a support ticket from your service dashboard or: Email us at hello@datamedai.com (Monitored 10:00a.m. to 6:00p.m.; Monday to Friday). Emails received outside of office hours will be collected, however no action can be guaranteed until the next working day Call Us on +91 9980435338 in case of urgent matters. Telephone support: 10:00 a.m. to 6:00p.m., Monday to Friday. Calls received out of office hours will be forwarded to a mobile phone and best efforts will be made to answer / action the call. DataMedai Solutions Private Limited will respond to service-related incidents and/or requests submitted by the User within the following time frames: 0-3 hours (during business hours) for issues classified as Major issues. Within 3 working days for issues classified as Medium issues. Within 7 working days for issues classified as Minor issues. Remote assistance will be provided in-line with the above timelines depending on the priority of the support request. Definitions- Major issues – Any issues with admin panel (such as website down or crashes whenever you attempt to perform an action on utracker.xyz) Medium issue- Any issues with the Utracker app (such as app crash for individual user, location data not flowing properly to admin panel) Minor issue- any other issues

14. Termination of Services

Termination for Material Breach. Each Party may terminate this Agreement with immediate effect by delivering notice of the termination to the other Party, if the other Party (i) fails to perform the obligation under this Agreement; (ii) has made or makes any inaccuracy in performance of this Agreement; or (iii) otherwise materially breaches, any of its obligations, covenants, or representations made in this Agreement, and the failure, inaccuracy, or breach continues for a period of 15 (fifteen) Business Days’ after the injured Party delivers notice to the breaching Party reasonably detailing the breach. Termination for Failure to Pay. DataMedai Solutions Private Limited may terminate this Agreement with immediate effect by delivering notice of the termination to User, if User fails to pay the monthly Subscription Fee on time for more than 2 (two) consecutive months. Termination by will. Either Party may terminate this Agreement by giving 1(one) month notice of such termination to the other Party of its intention to terminate. Effect of Termination Refund Amounts. DataMedai Solutions Private Limited shall refund to User in next 30 (thirty) days, any prepaid Subscription Fees covering the remainder of the term of all subscriptions after the effective date of termination (only if terminated because of Severity 1 as given in definitions). No amount shall be refunded in case of any other breach. Pay Outstanding Amounts. User shall immediately pay to DataMedai Solutions Private Limited all amounts outstanding as of the date and any amounts outstanding as a result of, termination. If the termination is due to breach by DataMedai Solutions Private Limited then the client is not liable to pay the outstanding dues. Discontinuance of Use. User shall cease all use of the Service upon the effective date of the termination. Recovery of Data. User will have 7 (Seven) Business Days from the effective date of termination to retrieve any of data that User wishes to keep.

15. System Availability & Delivery Policy

Applicable Levels. DataMedai Solutions Private Limited shall provide the Service to the User with a System Availability of at least 95% (Ninety- Five per cent) during each calendar month. System Maintenance. DataMedai Solutions Private Limited may take the Service offline for scheduled maintenances provided it informs the User the schedule for maintenance in writing via email. This scheduled maintenance time is outside the scope of System Availability and will not be considered in estimating System Availability. Scheduled maintenance will not exceedonce a month. For unscheduled maintenance the system should be up and running in no less than 3 hours or else there is a penalty clause.

16. Data Storage

The data (pertaining to your account) in the following categories will be available as per timelines mentioned below. Post expiry of the stated timeline the data will be deleted. Thereafter, DataMedai Solutions Private Limited will not be able to provide this data to you. In case you would like to retain records, please download this data before such date. Type of Data Retention Period (in days) Data on Field Executive Location, Conveyance & Travel 90 Data on Meetings & Tasks, Expenses, Leaves, Attendance, 365 Dashboards (except location, travel & conveyance), Orders 365 Static Data (Admin Hierarchy, Field Executives Information, Teams, Designations, Forms, Shifts & Rosters, Clients, Sites, Geofences, Site Pools, Unlimited* These timelines are subject to change at the discretion of DataMedai Solutions Private Limited. Any change will be informed to you via email.

17. Governing Law, Settlement of Disputes and Jurisdiction

These Terms of Use and any dispute or claim arising under it will be governed by and construed in accordance with the laws of India. The Users agree that any legal action or proceedings arising out of these Terms of Use or in connection with these Terms of Use may be brought EXCLUSIVELY in the competent courts/ tribunals having jurisdiction in Gurgaon, India and the Users irrevocably submit themselves to the jurisdiction of such courts/ tribunals.

18. Privacy

YOUR PRIVACY IS EXTREMELY IMPORTANT TO US. UPON ACCEPTANCE OF THESE TERMS OF USE YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND UNEQUIVOCALLY ACCEPTED OUR POLICIES, INCLUDING THE PROVISIONS OF OUR PRIVACY POLICY.

19. Complaints and Regulatory and Customer Grievance Redressal**

ANY COMPLAINTS OR CONCERNS WITH REGARDS TO CONTENT OF THIS WEBSITE OR COMMENT OR BREACH OF THESE TERMS OF USE OR ANY INTELLECTUAL PROPERTY OF ANY USER, INSTANCES OF CUSTOMER GRIEVANCES, REGULATORY QUERIES AND CLARIFICATIONS SHALL BE INFORMED/ COMMUNICATED TO THE GRIEVANCE CUM NODAL OFFICER AT THE CO- ORDINATES MENTIONED BELOW IN WRITING OR BY WAY OF RAISING A GRIEVANCE TICKET THROUGH THE HYPERLINK MENTIONED BELOW: GRIEVANCE CUM NODAL OFFICER DataMedai Solutions Private Limited ADDRESS: #9/142, Kanakkampatty – Village, Vayalur – Post, KR puram – taluk Karur – District, Tamilnadu – 639119. PH: +91 9980435338 E-MAIL: hello@datamedai.com

20. SCHEDULE I

Utracker offers Field Force Management Platform that performs the following services: Location Tracking Attendance Management Leave Management Expense Management Task Management Sales & Client Management CRM and Sales Force Automation All the products/services offered on our domain utracker.xyz and related apps (Android & IoS) including add-ons such as customer support, training, data storage etc. These are subject to change from time to time and without notice. I HEREBY CONFIRM THAT I HAVE READ THESE TERMS OF USE AND ACCEPT THEM.