This document is an electronic record and is generated by a computer system and does not require any physical or digital signatures.

Please carefully read the terms and conditions of the following agreement. It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you.

TERMS OF SUBSCRIPTION

Last Updated: June 2024

This Terms of Subscription ("Agreement"), between you or the organisation you represent ("Customer") and LogicFocus ("Service Provider"), governs your use of a variety of the Service Provider's products and services ("Product"). If you are acting on behalf of an organisation, you thus certify that the organisation has given its consent and given you permission to bind it.Customer and Service Provider will each be referred to as "Party" and as "Parties" jointly.

1. Product License

1.1. Subject to the terms of this Agreement and the payment of the fees specified in the Order Form, the Service Provider hereby grants the Customer a non-sublicensable, limited, restricted, revocable, non-transferable, non-exclusive subscription to access and use the Product (as specified in the Order Form), solely for the purpose of using the Service Provider's Services. The parties must sign an order form (the "Order Form") with the service provider before services can be provided to the customer under the terms and conditions outlined in the order form. Services will be made available through the Product. The Order Form shall be a fundamental component of this Agreement and shall take precedence over this Agreement in the case of a conflict.

1.2. The Customer is responsible for ensuring that all of its users, employees, account managers, and other representatives (collectively, "Personnel") who use the Product abide by the terms and conditions outlined in this Agreement.

2. Payment

2.1. The Customer shall pay the Service Provider the fees set forth in the applicable order form that the Customer has accepted in consideration for the Services and the use of the Product.

2.2 The Service Provider shall be permitted to present the invoices for the fees for the Product and Services on the terms and conditions specified in the Order Form.

2.3 The Service Provider shall have the right to stop providing its Services and to revoke Service Provider/ Personnel's authorization to use the Product in the event that Customer fails to make payment against invoices within the allotted time.

3. Limitations on the use of the Product

3.1. Customer represents and warrants that:

i. Contrary to the provisions outlined in this agreement, Customer will not rent, lease, distribute, licence, sublicense, sell, resell, assign, transfer, timeshare, or otherwise make Product available to any third party;

ii. It must make sure that any information given to the service provider is accurate and was obtained in accordance with the law;

iii. It must not reverse engineer, decompile, disassemble, or make any other attempt to learn the source code or fundamental concepts or algorithms of the product.

iv. It shall not engage in any activity that endangers the servers or network of the Service Provider or interferes with another party's use and enjoyment of the Product.

v. It shall not gain access to the Product in order to develop a commercially available good or service that competes with the Product.

vi. It shall not use the Product in a way that is against the law.

vii. It must not willfully interfere with the Product's security, including attempting to probe, scan, or test the Product's vulnerability or to circumvent security or authentication measures;

viii. It must not copy any features, functions, integrations, interfaces, or graphics that are a part of the Product.

ix. It/or its Personnel shall further not transmit any information through the Product, in any manner, or avail Product in any manner, which may:

a. be unlawful, threatening, abusive, libellous, or defamatory;

b. contradict or be in conflict with any provision of the Agreement;

c. be deemed "spam" (including machine-generated, random emails that constitute unauthorised or unsolicited advertising, chain letters, or any other type of lottery).

x. It is prohibited from hosting, displaying, uploading, editing, publishing, transmitting, updating, or sharing any information that belongs to a third party and that the customer does not have any rights to.

4. Customer Data

4.1. All information, data, and material generated, uploaded, accessed, interpreted, and/or analysed through the Product (collectively "Customer Data") are the sole property of the Customer.

4.2 The Customer shall fully indemnify, defend, and hold Service Provider harmless from and against any and all damage, losses, costs, or liabilities that may be caused due to Customer Data, and the Service Provider is not and shall not be required to review the Customer Data for accuracy or potential liability.

5. Warranties and Representations

Each Party hereby certifies, guarantees, and agrees that:

a. Each Party has the power and authority to enter into this Agreement and to perform its obligations hereunder;

b. Each representative of a Party signing this Agreement, whether in person or electronically, has the authority to bind that Party; and

c. The Parties will comply with all applicable laws and regulations governing the exercise of each party's rights and the performance of each party's obligations.

6.Limitations on Warranty and Service Availability

6.1. Neither the Service Provider nor any of its representatives have made or will make any representations or warranties of any kind, whether express, implied, or statutory, including, without limitation, implied warranties of the Product's accuracy, merchantability, fitness for a particular purpose, title, enforceability, or non-infringement.

6.2. Subject to the other provisions of this Agreement, the Service Provider makes no warranty or representation that the Product will always be completely free from defects, errors, and bugs. Complex software is never entirely free from flaws, errors, and bugs related to design, functionality, security, and other aspects of the Product.

6.3 The Customer acknowledges that only the software and systems listed as compatible in the service provider's specifications are intended for use with the Product, and that the service provider makes no warranties or representations that the Product will work with any other software or systems.

6.4. The Service Provider guarantees that the Products' functionality won't materially decline throughout a Subscription Term. A Subscription Term is the duration for which the subscription payment has already been received for the purposes of this provision. The Service Provider will exercise due diligence in choosing any third-party software or hardware that will be integrated with the Product. However, the Service Provider does not guarantee that such 3rd Party software or hardware will operate without errors or won't stop providing service.

7. Confidential Information

7.1. During the term of this Agreement, either Party may disclose to the other Party from time to time certain non-public, commercially proprietary or sensitive information, whether or not designated as "confidential" or "proprietary" or similar designations, that relates to the past, present, or future business activities, including, among other things, technical, marketing, financial, business, planning, and other confidential and proprietary information ("Confidential Information").

7.2. The Party receiving Confidential Information ("Receiving Party") will hold the Confidential Information in strict confidence and will not disclose it to any third party, except as provided for in this Agreement or as otherwise may be authorised in writing by the Party disclosing Confidential Information ("Disclosing Party").

7.3 The Receiving Party may disclose Confidential Information if required to do so by applicable law, rule, or order, provided that the Receiving Party, to the extent reasonably practicable and permitted by law, notifies the Disclosing Party in advance in writing of the required disclosure so that the Disclosing Party may seek a protective or

7.4. To the extent permitted, the following conditions apply in determining whether information is considered "Confidential Information": (a) If the Receiving Party already knew the information without any restrictions before obtaining it from the Disclosing Party, it is not considered confidential. (b) If the information is subsequently acquired from an independent third party without any restrictions and without violating this Agreement or any other agreements, it is not considered confidential. (c) If the information becomes publicly available through no wrongful act of the Receiving Party, it is not considered confidential. (d) If the Receiving Party independently develops the information without using any Confidential Information as a reference, it is not considered confidential.

7.5. Upon the request or at the option of the Disclosing Party, or in the event of termination or expiration of this Agreement (or any part thereof), the Receiving Party must promptly take either of the following actions: (a) Return to the Disclosing Party all Confidential Information, as well as any documentation, information, Services, and data related to the Agreement, even if they are not Confidential Information; or (b) Destroy or permanently erase all records containing the Confidential Information and, if requested by the Disclosing Party, provide written acknowledgment that all such Confidential Information has been destroyed or permanently erased.

7.6. The obligation to maintain confidentiality under this Agreement remains in effect for a period of two (2) years after the termination of this Agreement.

8. Data Protection and Security

8.1. The Parties hereby acknowledge and agree that they shall comply with all applicable data protection regulations with respect to the collection, use, and retention of Personal Data and that it shall be made possible by organisational safeguards.

8.2 The Customer guarantees that any person whose personal information is being shared with the Service Provider has given their prior written authorization.

8.3 Service Provider hereby accepts and acknowledges that it shall only process personal data in accordance with the terms and conditions outlined in the data process agreement (DPA), which is made accessible at ("DPA").

9. Intellectual Property Rights

9.1 The Service Provider retains all right, title, and interest in the Product and Services' intellectual property rights, including (but not limited to) all software, formats, interfaces, information and data, content, and Service Provider's confidential information and technology used by the Service Provider or given to the Service Provider in connection with the Services or use of the Product, as well as any suggestions, ideas, enhancement requests, feedback, and recommendations.No other licence or other proprietary rights in the Services and Product or Service Provider's proprietary application are granted to the Customer; all such rights are hereby expressly reserved by Service Provider. Instead, the Customer is only given the limited permission to use the Services and Product as expressly stated in this Agreement.

9.2. All intellectual property rights, including inventions, formulas, processes, algorithms, circuitry designs, computer programs, improvements, and methods developed by the Service Provider while providing the Services (collectively referred to as "Creatives"), whether or not they are patentable or eligible for copyright or similar protection, shall be owned by the Service Provider. The Customer shall have no rights to the intellectual property rights developed during the provision of the Services.

9.3. The Customer is responsible for preventing any infringement of the Service Provider's copyright, trademarks, or other intellectual property rights by third parties. If the Customer becomes aware of any actual or attempted infringement, they must promptly inform the Service Provider, and both parties will collaborate on measures to prevent such infringement. In the event that any third party infringes or is likely to infringe the intellectual property rights associated with the Product, the Customer must immediately notify the Service Provider and provide assistance in taking appropriate actions to address the situation.

10. Adherence to Legal Requirements

Both Parties are obligated, at all times and at their own cost, to:

(a) diligently adhere to all relevant laws, currently in effect or enacted in the future, pertaining to the execution of this Agreement;

(b) fulfill all financial obligations, including fees and other necessary payments, as stipulated by such applicable laws; and

(c) ensure that all licenses, permits, authorizations, registrations, and qualifications required by any regulatory authority are maintained in full force and effect to the extent necessary for the fulfillment of their respective obligations under this Agreement.

11. Term and Termination:

11.1. This Agreement will remain in effect from the Subscription Start Date (as defined in the Order Form) until explicitly terminated.

11.2. Either party may review this Agreement at any time during the Subscription Term. Either party has the right to terminate the Agreement by providing written notice of at least thirty (30) days in advance. During this notice period, the Customer will have the opportunity to extract their data. The notice period must fall within the Subscription Paid Duration (Subscription Term).

11.3. After the thirty (60) day notice period, the Customer's access will be discontinued. The Service Provider will retain the Customer's data for a period of ninety (90) days in case the Customer wishes to reactivate the Subscription by paying a reactivation fee. After the expiration of the ninety (90) day period, the Service Provider is not obligated to maintain or provide any Customer data. Unless legally or by Data Subject's prohibition, the Service Provider will delete the Customer Data from their systems or any other possession or control.

11.4. If the Subscription dues are not paid by the invoice due date, the Subscription is considered terminated, and the Customer's access to the Services will be discontinued. In case of termination, the Service Provider will revoke the rights granted under clause 1.1.

11.5. In the event of termination of this Agreement, the Customer remains liable to make payments to the Service Provider for all Services used and for the Product usage up until the date of termination.

11.6. Notwithstanding any other provision in the Agreement, the Service Provider has the right to immediately suspend the Customer's usage of the Product and Services if the Customer breaches the terms and conditions stated in clause 3.1 of the Agreement.

12. Indemnification

12.1. The Service Provider, acting jointly and severally, agrees to protect, defend, and hold the Customer, including its directors, officers, and employees, harmless from any and all losses, liabilities, claims, damages, costs, and expenses, including reasonable legal fees and expenses, arising from any claims or incurred by the Customer ("Claims") or resulting from or potentially payable due to any violation of applicable laws, gross negligence, or intentional misconduct. The Service Provider also agrees to indemnify, defend, and protect the Customer from any Claims or Losses incurred by the Customer due to third-party claims of intellectual property infringement by the Service Provider resulting from the Customer's use of the Product. However, the Service Provider shall not be liable to indemnify for any claim arising from the infringement of third-party intellectual property rights to the extent that such infringement is attributable to: (i) the combination, operation, or use of the Product with equipment or software supplied by the Customer, where the Product itself would not be infringing; (ii) compliance with designs or instructions provided by the Customer; or (iii) the use of the Product in an application or environment that was not intended or anticipated under this Agreement.

12.2. The Customer, acting jointly and severally, agrees to protect, defend, and hold the Service Provider, including its directors, officers, and employees, harmless from any and all losses, liabilities, claims, damages, costs, and expenses, including reasonable legal fees and expenses, arising from any claims or resulting from the Customer's infringement of intellectual property rights or violation of applicable laws.

12.3. However, the aforementioned indemnification is subject to certain conditions, including: (i) the Indemnified Party notifying the Indemnifying Party in writing and in detail without undue delay; (ii) the Indemnified Party authorizing the Indemnifying Party to handle any legal proceedings with the third party independently; and (iii) the Indemnified Party providing reasonable assistance to the Indemnifying Party (at the expense of the Indemnifying Party) to enable the defense of such third-party claims.

13. Publicity:

Both parties are not allowed to use the name and logo of the other party without prior consent. However, the Service Provider is permitted to use the Customer's logo to identify them as a client.

14. Force majeure:

If either party is unable to fulfill their obligations under the agreement due to circumstances beyond their control, such as acts of nature, fires, disasters, pandemics, wars, terrorist acts, public utility failures, legal injunctions, government actions, epidemics, or destruction of production facilities (referred to as a "Force Majeure Event"), the affected party must notify the other party immediately and make reasonable efforts to resume performance.

15. Notice:

All notices, demands, or communications related to the agreement must be in writing and can be delivered in person, sent by registered mail with proof of delivery, or sent via email to contact@logicfocus.net. Unless proven otherwise, any such notice, demand, or communication will be deemed received upon transmission if sent by email.

16. Liability Limitation:

Except for the specified indemnification obligations, cases of fraud, criminal liability, death, property damage, personal injury, gross negligence, willful misconduct, or breach of terms and conditions in clause 3.1 of the agreement, the liability of either party under or in connection with the agreement, whether in tort or contract, will be limited to the actual direct damages incurred, but not exceeding the amounts paid to the Service Provider by the Customer in the three-month period preceding the written notice of the claim. Neither party will be liable to the other for any consequential or indirect damages, regardless of the form of action or theory of recovery, even if they were advised of the possibility of such damages.

17. Dispute Resolution:

In the event of a dispute arising from the agreement, the Customer and Service Provider will engage in mutual discussions to resolve the dispute. If it remains unresolved after mutual discussions,the dispute will be resolved in the courts of Coimbatore, India. The language used in arbitration will be English.

18. Miscellaneous:

18.1. The agreement, including any attached documents, constitutes the entire agreement between the parties, superseding all previous agreements, promises, proposals, representations, understandings, and negotiations, whether written or oral, relating to the subject matter.

18.2. Any modifications, amendments, or supplements to the agreement must be in writing and signed by authorized representatives of both parties to be binding.

18.3. The failure or delay of either party in enforcing any provisions, exercising any option, or requiring performance does not waive their right to do so in the future.

18.4. If any term, provision, or part of the agreement is deemed invalid, void, or unenforceable, the remaining parts will remain in full force and effect to the fullest extent permitted by law.

18.5. Any provisions in the agreement that contemplate performance or observance after termination or expiration will survive and continue in full force and effect.

18.6. Neither party can assign the agreement without the prior written consent of the other party. Any assignment without consent will be considered void.

18.7. The agreement does not create a partnership, agency, joint venture, trust, or employer/employee relationship between the parties, and neither party can make representations implying such a relationship.

18.8. Neither party can engage in negotiations or make representations on behalf of the other party unless specifically authorized to do so.

TERMS OF SERVICE

Last Updated :June 2024

This agreement, referred to as the "Terms of Service" or "Agreement" or "Terms," is established between LogicFocus ("Service Provider") and the User ("User"), governing the User's utilization of the various Products and Services offered by the Service Provider ("Product").

Prior to accessing the Product or utilizing the Services provided through the Product, the Service Provider requests the User (as defined below) to review these Terms of Service. By continuing to use the Services, the User unconditionally agrees to comply with and be bound by all the obligations outlined in these Terms of Service. These Terms of Service, along with the Privacy Policy available at [Privacy Policy URL], and any other applicable policies mentioned herein or provided on the Product, collectively referred to as "Terms and Conditions," will govern the User's relationship with the Service Provider regarding the use of the Product. These Terms and Conditions replace any previous oral or written terms and conditions, if any, and serve as a legally binding agreement between the Service Provider and the User.

The User's use of the Product is subject to the Terms and Conditions, which may be updated, amended, modified, or revised by the Service Provider from time to time. Notice will be provided to the User regarding the Updated Terms and Conditions. Once published, the Updated Terms and Conditions will immediately take effect and supersede the previous version. If the User continues using the Product and/or Services after the Updated Terms and Conditions have been published, it will be assumed that the User has read, understood, and accepted the Updated Terms and Conditions. Any reference to the "Terms of Service" will indicate the latest version of the Terms of Service.

LogicFocus offers "FACIMATE" which is utilized by relevant stakeholders of multi-dwelling units and is seamlessly linked to various SaaS products provided by the Service Provider. This web-based and app-based SaaS software connects users to other users, administrator users, or third-party service providers.To access the services mentioned below, it is necessary to complete an Order Form and agree to the Subscription Terms specified in the Order Form.

If a multi-dwelling unit utilizes the FACIMATE Service, the privacy and confidentiality of visitor data will be treated with the same level of importance as the data captured prior to the implementation of FACIMATE. The Service Provider assumes no responsibility for any data captured in FACIMATE that is published or shared externally by users with access to such data. The Service Provider reserves the right to suspend services for users engaged in service abuse.

While the user belongs to the legal entity of a multi-dwelling unit and may receive important notifications on their mobile number, the user's visitors are not considered part of the multi-dwelling unit. Notifications sent to visitor mobile numbers, if applicable, will strictly adhere to the relevant laws.

Users are strictly prohibited from facilitating the sale or exchange of any items listed below using the Product. This list serves as an indication and is not exhaustive, as items may be added based on legal prohibitions or brought to the attention of the Service Provider.

- Airline tickets with transfer restrictions or unauthorized ticket sales

- Alcohol or tobacco products

- Blood, bodily fluids, or body parts

- Bulk email or mailing lists containing personal identifying information such as names, addresses, and phone numbers

- Burglary tools, including lock-picks or motor vehicle keys

- Controlled substances, illegal drugs, substances used in their production, and drug paraphernalia

- Counterfeit currency, coins, stamps, tickets, or equipment for their production

- Counterfeit, replica, or knock-off brand name goods

- Coupons or gift cards with transfer restrictions or unauthorized coupons/gift cards

- False identification cards, forged certificates

- Fireworks, firearms, and explosives

- Gambling items, including lottery tickets

- Material that infringes copyright, such as unauthorized software or digital goods

- Pornography

- Parts, blood, or fluids from pet animals

- Prescription drugs and medical devices, including prescription or contact lenses, defibrillators, hypodermic needles, or hearing aids

- Stolen property or property with altered or removed serial numbers.

The Service Provider reserves the right to suspend services for users engaged in service abuse. Additionally, the Service Provider retains the sole discretion to add or remove items from the aforementioned list.

By using this Product, the User confirms that they are at least 18 years old and possess the full capability and competence to enter into the agreements, obligations, statements, warranties, and conditions outlined in the Terms and Conditions. Additionally, the User acknowledges their willingness to comply with and abide by the terms stated therein. Registration for the Product is only open to individuals who can lawfully enter into binding contracts as per applicable laws. Individuals who are "incompetent to contract," including minors, undischarged insolvents, or those with unsound minds, are not eligible to utilize the Product. By accessing the Product or any of the Services or Content on any other Authorized Device, it is understood that the User has read, understood, and accepted these Terms.

If the User will be utilizing the Services on behalf of an organization, they agree to these Terms on behalf of said organization and represent that they have the authority to do so.

Before availing themselves of the Services, a Multi Dwelling Unit must first subscribe to the Services provided by us.

If any disputes arise among the Users of a particular Multi Dwelling Unit in this regard, they must be resolved internally among the Users. The Service Provider assumes no responsibility for such disputes.

To avail the Services, the User must complete the registration process and create an account on FACIMATE portal ("Account"). Accounts will be approved for activation by the Administrative User(s) belonging to the Subscriber (or Customer) Entity. After creating the Account, the User will receive a mail stating that their account is activated. Once the Account is established, the User can log in to the FACIMATE Product and access any of the Services offered by us or third-party Vendors available on the Product.

During registration, the User is required to provide accurate and up-to-date contact information and proof of association with the Property. It is the User's responsibility to safeguard and maintain the confidentiality of their login credentials. If the User suspects or becomes aware of any unauthorized use of their Account or access to the password for any Account, they agree to notify us immediately. Furthermore, the User agrees not to use the Account or log in with another User's username and password on the Site unless (a) they are authorized to use such login credentials or (b) such use would comply with the Terms of Service.

1. Provided the User complies with the Terms of Service, the Service Provider grants them a limited, non-exclusive, non-transferable license: (i) to access the functionalities of the Product for personal and non-commercial purposes and (ii) to access, modify, edit, and download any content to which the User has authorized access solely for their own use. The User has no right to sublicense the granted license rights.

2. The User shall not use, copy, adapt, modify, create derivative works based on, distribute, license, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or exploit the Product and Services, except as expressly permitted in the Terms of Service. No licenses or rights are implied or otherwise granted to the User under any intellectual property rights owned or controlled by the Service Provider or its licensors, except for the licenses and rights explicitly granted in the Terms of Service. The Product and its associated intellectual property rights are owned by the Service Provider.

1. If the User provides any information while using the Services, such as creating, transmitting, submitting, or displaying content, it is important that the User only shares information they own or have the right to use. The Service Provider will use the User's information in accordance with the Privacy Policy and applicable law. Rest assured, the Service Provider will not share the User's personally identifiable information without their prior permission. For a detailed understanding of how the Service Provider handles and discloses personal information, please carefully review the Privacy Policy, which is an integral part of these Terms of Service.

2. The Service Provider may utilize third-party cloud service providers or their own infrastructure to host servers and databases. While the Service Provider takes reasonable measures to ensure the persistence and availability of User data stored on their servers, they cannot be held responsible for failures of third-party servers or any other factors beyond their reasonable control that may lead to permanent deletion, irretrievability, or temporary inaccessibility of User data.

3. The User acknowledges and agrees that the Service Provider may preserve the User's information and disclose related information if required by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal processes, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims of User's usage of the Product violating third-party rights; (d) detect, prevent, or address fraud, security, or technical issues; or (e) protect the rights, property, or personal safety of the Product, its users, or the public.

The mobile applications associated with the Product may request access to certain data stores on the User's phone, such as SMS, Media Files, and contact lists. This access is solely intended to ensure the complete functionality of relevant Services. The mobile applications may not operate at their full potential if the User chooses not to grant the necessary access.

While using the Services, Users may interact with third-party service providers (including but not limited to vendors). The Service Provider does not endorse any third-party services mentioned on the Product and shall not be held responsible for their actions or omissions. Any transactions, dealings, or communication that the User engages in with such third parties are done at their own risk. The Service Provider makes no warranties, expressed or implied, regarding the quality or suitability of services or products provided by third-party vendors. Clicking on links redirecting to third-party websites subjects the User to the privacy policy and terms of use of those websites. The Service Provider advises Users to exercise caution and be vigilant while accessing third-party services or websites through the Product. Any transactions or sharing of information by the User on these third-party websites are not the responsibility of the Service Provider.

13. Rules and Conduct

1. To use the Services, the User agrees not to engage in any activities prohibited by the Terms of Service or any other rules or policies established by us. This includes complying with all applicable laws. The Services are intended for the User's personal and non-commercial use.

2. For example, the User must not take any action that violates any laws, infringes upon the rights of others, or engages in harmful, deceptive, or offensive behavior. Impersonation of individuals or entities is also strictly prohibited. We reserve the right to deactivate any user account if there are claims or suspicions of violations of the Terms of Service.

3. Additionally, the User should refrain from sharing any information that may harm minors, invade privacy, promote hatred, discrimination, illegal activities, or infringe upon intellectual property rights. It is important not to impersonate others.

4. Furthermore, the User should not engage in activities that excessively burden our infrastructure, disrupt the functioning of the Product, attempt to bypass security measures, reverse engineer the software, create derivative works, or transfer any rights granted under the Terms of Service.

5. The User is not allowed to access the Product or the personal information of other users for the purpose of creating a similar or competing website, app, product, or service.

6. If the User suspects unauthorized use of their account or any breach of security regarding their personal information on the Product, they must promptly notify us.

7. Any usage of an account by a third party without authorization will be considered unauthorized, and we reserve the right to disable such accounts.

8. The User may receive site and service announcements from us.

14. Contacting the User

The User agrees that we may contact them via telephone, email, SMS, or any other means of communication for various purposes. This includes providing information about our products/services, obtaining feedback about the Product or Services, collecting feedback about other Users listed on the Product, resolving complaints or queries related to the User's content, and promoting the Product or Services.

If the User chooses to use the mobile application, they may receive automated push notifications. However, they can opt out of receiving these notifications by adjusting the settings in the mobile application.

By submitting suggestions or feedback regarding the Services/Product, the User acknowledges that we can use and share such feedback without compensating them. We are not obligated to keep such feedback confidential.

15. Service Provider Materials

During the provision of Services, we may provide Users with relevant materials in the form of audio, video, written, or oral content ("Service Provider Materials"). These materials are the exclusive property of the Service Provider. The User agrees not to share these materials with any third party without our written consent. Any breach of this agreement may result in financial and irreparable harm to the Service Provider. The User is granted a limited license to use the Service Provider Materials for personal purposes only and not for any commercial use.

The User understands that any information accessed through the Services is the responsibility of the original source. We are not responsible for abusive content, and it is the User's responsibility to monitor and regulate such content. Additionally, we hold no responsibility for any data generated within the Services and published or distributed outside by the User.

16. Modification

The Service Provider has the right to change, modify, or amend the Product, either in its entirety or in part, at any time and at its sole discretion, while complying with the relevant legal and regulatory requirements. The User acknowledges that the Service Provider will not be held responsible for any changes, modifications, or amendments made to the Product or any of its components. If any feature or service is discontinued, the User will be given sufficient notice to retain any information assets created using that feature. After the provided time period, the User agrees that the Service Provider will not be held liable to the User or any third party.

17. Support

The Service Provider offers support through FAQs, in-app support, online chat, and phone calls, based on the terms of the subscription.

The User agrees and recognizes that the Service Provider will address and attempt to resolve any complaints received in accordance with its standard policies and procedures. The User's dissatisfaction with the outcome or method of redress does not indicate that the complaint was not addressed by the Service Provider. Any suggestions provided by the Service Provider regarding the use of the Services should not be interpreted as a warranty.

Support service level agreements (SLAs) are available to all Users who are covered by a Subscription Term. However, Users on a trial or any other unpaid user model are not eligible for support SLAs.

18. Interruption/Suspension

1. Interruption/Suspension of Services:

The Service Provider has the authority to temporarily suspend access to the entire Services or any part thereof for any reason, including but not limited to non-payment of fees as per the Order Form or technical/operational issues. In such cases, the Service Provider is not liable to the User. The Service Provider may provide notice of any interruption of access to the Service, but it is not obliged to do so.

2. Termination of Accounts:

The Service Provider may terminate the User's usage of the Product if the User violates the Terms and Conditions. The Service Provider has the right (but not the obligation) to deny access to the Product if the User breaches the terms and conditions stated herein or if the Subscription as per the Order Form has been terminated or expired. Apart from the rights and licenses granted in these terms, the Service Provider reserves all other rights and does not grant any other rights or licenses, whether implied or otherwise.

Once an account is temporarily suspended, indefinitely suspended, or terminated, the User is prohibited from continuing to use the Product under the same account, a different account, or re-registering under a new account. Upon termination of an account for the aforementioned reasons, the User will no longer have access to data, messages, and other materials stored on the Product. All provisions of the Terms of Service that should survive termination, including warranty disclaimers, indemnification, and limitations of liability, will continue to be in effect.

19. Proprietary Rights

The User acknowledges and agrees that the Services contain confidential and proprietary information protected by intellectual property and other laws. Unless expressly authorized by the Service Provider, the User agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, either in whole or in part. The User also agrees not to extract or reverse-engineer the code in any way. Any attempt to hack or unlawfully use the Products may result in legal prosecution to the fullest extent permitted by law.

20. Disclaimer

The Service (including all content) is provided in its current state and availability, without any warranties, whether expressed or implied. This includes warranties of title, non-infringement, merchantability, fitness for a specific purpose, and any warranties implied by the usual performance or industry practices.

21. Indemnification

The User agrees to protect, indemnify, and hold the Service Provider, its affiliates, subsidiaries, joint venture partners, employees, contractors, directors, suppliers, and representatives harmless from any liabilities, losses, claims, and expenses, including reasonable attorney fees. These arise from or are related to: (i) the User's use or misuse of the Services and Product; or (ii) the User's violation of the Terms and Conditions or any applicable law, contract, policy, regulation, or other obligation. The Service Provider reserves the right to assume exclusive defense and control over any matter that requires indemnification by the User. In such cases, the User will provide assistance and cooperation to the Service Provider.

22. Limitation of Liability

To the maximum extent permitted by law, Service Provider (including its directors, employees, agents, sponsors, partners, suppliers, content providers, licensors, or resellers) shall not be held liable for any kind of damages arising from the services provided. This includes, but is not limited to, lost profits, data loss, loss of goodwill or opportunity, or special, indirect, incidental, punitive, or consequential damages.The Service Provider will not be held responsible for any circumstances beyond its control, even if it has been informed about the possibility of such damages.

23. Exemptions to Service Provider's Liability

The User acknowledges and agrees that the Service Provider shall not be held responsible for any delays or unavailability of services, or failure to fulfill its obligations under the Terms and Conditions, that may be caused directly or indirectly by the following reasons:

a. User's failure to cooperate;

b. User's unavailability or lack of responsiveness;

c. User's provision of inaccurate or incomplete information;

d. User's failure to provide or facilitate the timely submission of User Materials;

e. events beyond the reasonable control of the Service Provider;

f. queries or actions by third parties related to a Multi Dwelling Unit, provided that such queries, complaints, or concerns must come from registered Users of the Multi Dwelling Unit.

24. Dispute Resolution

If a dispute arises in connection with these Terms of Service, the Customer and the Service Provider will attempt to resolve the dispute through mutual discussions. If the dispute remains unresolved after mutual discussions, the dispute will be resolved by the Courts of Coimbatore, India.The language used in the arbitration proceedings will be English.

25. Miscellaneous

1. The Terms and Conditions constitute the entire agreement between the User and the Service Provider regarding the Services and the usage of the Product.

2. If any provision of the Terms of Service is deemed unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, while the remaining Terms of Service will remain fully enforceable.

3. The failure of either party to exercise any right provided in these Terms of Service shall not be considered a waiver of any further rights.

4. The Terms of Service are personal to the User and may not be assigned or transferred without the prior written consent of the Service Provider. The Service Provider, however, may assign, transfer, or delegate its rights and obligations under the Terms of Service without requiring any consent.

5. The Terms of Service do not create any agency, partnership, joint venture, or employment relationship between the parties. All notices under the Terms of Service must be in writing and will be considered valid when received (personally delivered, sent by certified or registered mail with return receipt requested, electronically confirmed, or sent for next-day delivery by a recognized overnight delivery service).

26. Contact

If the User has any questions regarding the Services or the usage of the Product, they can contact the Service Provider at support@facimate.net.

Cancellation and Refund policy

Last Updated: June 2024

This policy outlines the cancellation and refund procedures for payments made through Facimate. Please read this policy carefully before making any payments.

Cancellation Policy:

Once a payment has been made through the app's payment gateway, it cannot be canceled or reversed within the app itself. It can be done only outside of the Facimate portal.

If you need to cancel a payment, please contact your respective community administrator directly. They will assist you in the cancellation process and provide further instructions.

Refund Policy:

Our app does not facilitate the refund process within the portal. All refund requests must be made directly to your respective community administrator outside the portal.

For any technical issues related to the payment process within the app, please contact our customer support team. We will assist you in troubleshooting and resolving any problems with the app's payment gateway functionality. However, for any cancellation or refund-related inquiries, please reach out directly to your respective community administrator. They have the authority to handle and process such requests. The community administrator's refund policies may vary, and it is your responsibility to familiarize yourself with their specific guidelines.

Our app disclaims any liability or responsibility for the refund process, as it is solely managed by the community administrator and not within our portal. Please note that our app is designed to facilitate payment transactions between users and community administrators. All cancellation and refund requests should be directed to the respective community administrators for resolution. For any further inquiries or assistance, please contact your community administrator or our customer support team.

DATA PROCESS AGREEMENT

Last Updated :June 2024

This Data Process Agreement ("DPA") should be read together with the Terms of Subscription found in the Agreement.

The DPA establishes the agreement between LogicFocus ("Service Provider") and you ("Customer") regarding your use of the Service Provider's Products and Services ("Product").

The terms "Party" and "Parties" refer to the Customer and Service Provider, respectively.

Background:

1. The Service Provider offers information technology services and a comprehensive management system for residential and commercial properties.

2. The Customer is using the Service Provider's platform and availing Services specified in the Order Form ("Product"). The Product involves the processing of Personal Data provided by the Customer.

3. Certain data protection laws require a contract between a data controller and a data processor, outlining provisions for the processing of personal data.

The Parties agree to the following:

1. Introduction:

1.1. This DPA is an integral part of the Agreement, including all related documents and communications.

1.2. This DPA supersedes any conflicting provisions in the Agreement. However, it doesn't alter the exclusions and limitations of liability stated in the Agreement, and all liability and indemnity provisions in the Agreement continue to apply.

2. Definitions:

2.1. Affiliate: An entity that has control over, is controlled by, or is under common control with a party.

2.2. Data Controller: The entity, in this case, the Customer, that determines the purposes and means of processing Personal Data.

2.3. Data Protection Laws: All laws and regulations related to the processing of Personal Data under the Agreement, including other data protection regulations.

2.4. Data Subject: An individual to whom the Personal Data relates.

2.5. Data Subject Request: A request from a Data Subject to exercise their rights under Data Protection Laws regarding their Personal Data.

2.6. Personal Data: Information related to an identified or identifiable natural person, provided by the Customer to the Service Provider for availing Services.

2.7. Processing: Any operation performed by the Service Provider as part of the Services on Personal Data, such as collection, storage, use, disclosure, etc.

2.8. Data Processor: The entity, in this case, the Service Provider, that processes Personal Data on behalf of the Controller.

2.9. Security Incident: A breach or incident that results in unauthorized access, loss, alteration, or disclosure of Personal Data or other information under the Service Provider's control, potentially harming the Customer's business or reputation.

2.10. Subcontractor: A third-party engaged by the Data Processor to process Personal Data as part of the Services.

3. Roles of Parties

The parties acknowledge and agree that in this Data Process Agreement (DPA), the Customer is the Data Controller and the Service Provider is the Data Processor. While this Agreement explains the responsibilities of the Data Processor, the Data Controller agrees to fulfill its obligations regarding obtaining and maintaining consent from Data Subjects for the purpose of Data Processing and Storage, as well as complying with all other requirements under applicable privacy laws.

4. Service Provider's Processing of Personal Data

4.1. The Service Provider agrees to Process Personal Data solely on behalf of the Customer and in accordance with the Customer's written instructions or for the performance of the Services outlined in the Order Form. The Service Provider treats Personal Data as Confidential Information, subject to the confidentiality provisions of the Agreement. The Customer will provide instructions to the Service Provider on Processing Personal Data in accordance with the Agreement and other reasonable instructions consistent with the Agreement (e.g., via email).

4.2. If the Service Provider believes that any instruction given by the Customer violates Data Protection Laws, it will inform the Customer within a reasonable timeframe.

4.3. The Service Provider's Processing of Personal Data will comply with its obligations under Data Protection Laws, and it will not perform the Services in a way that would cause the Customer to violate Data Protection Laws.

5. Purpose, Categories of Personal Data, and Data Subjects

The purpose of Processing Personal Data by the Service Provider is to fulfill the Services as outlined in the Agreement.

6. Ownership

All Personal Data provided by the Customer to the Service Provider will remain the property of the Customer at all times. Nothing in this DPA grants ownership of any Personal Data shared with the Service Provider.

7. Limitation on Disclosure

Unless expressly permitted by the Agreement or required by law, the Service Provider will not disclose Personal Data to any third parties without the prior consent of the Customer.

8. Data Subject Rights, Other Complaints, and Requests

8.1. Upon receiving a Data Subject request, the Service Provider will promptly notify the Customer, to the extent permitted by law. The Service Provider will not respond to such a request without the Customer's prior written instructions.

8.2. The Service Provider will assist and take action as reasonably requested by the Customer (including through appropriate technical and organizational measures) to fulfill its obligations to the Customer and comply with Data Protection Laws regarding Data Subject Requests. This includes meeting any deadlines imposed by such obligations.

8.3. Upon receiving any complaint or request related to (a) the Customer's obligations under Data Protection Laws, or (b) Personal Data, the Service Provider will promptly notify the Customer, to the extent permitted by law. If the Customer fails to comply with instructions from regulatory bodies or statutory authorities, and the Service Provider is ordered in writing by such regulatory bodies or statutory authorities to share Personal Data, the Service Provider has the right to share Personal Data to the extent required to comply with such written orders.

8.4. The Service Provider will provide cooperation and assistance as requested by the Customer regarding such complaints or requests.

9. Service Provider Personnel

The Service Provider will ensure that its personnel involved in the Processing of Personal Data are aware of the confidential nature of the Personal Data. They will receive appropriate training on their responsibilities and will sign written confidentiality agreements regarding the Personal Data, which will remain in effect even after their engagement ends.

10. Subcontractors

10.1. Appointment of Subcontractors

The Service Provider will not allow a Subcontractor to process Personal Data without obtaining prior consent from the Customer.

10.2. Responsibility for Subcontractors

The Service Provider will be accountable and responsible for the actions, omissions, or defaults of its Subcontractors while performing their obligations under this DPA or in any other capacity, as if they were the Service Provider's own actions, omissions, or defaults.

11. Security

11.1. The Service Provider will implement appropriate technical and organizational measures to ensure the confidentiality, integrity, availability, and resilience of its systems used for Processing Personal Data. These measures will protect against unlawful destruction, loss, alteration, unauthorized disclosure, or access to Personal Data that is transmitted, stored, or otherwise Processed.

11.2. The Customer will implement suitable technical and organizational measures designed to ensure compliance with applicable laws, implementation of data protection principles outlined in Data Protection Laws, and minimization of risks to the rights and freedoms of data subjects.

12. Security Breach Management and Notification of Breach

The Service Provider will:

12.1. Notify the Customer within seventy-two (72) hours of becoming aware of any incident that has resulted in or is reasonably likely to result in a security breach. This includes accidental or unlawful loss, theft, deletion, disclosure, or corruption of Personal Data, as well as unauthorized use or access to Personal Data (referred to as a "Security Incident").

12.2. Provide all necessary cooperation and information requested by the Customer regarding a Security Incident. This includes, but is not limited to, providing full details of the incident, the number of affected Data Subjects, compromised Personal Data categories, likely consequences, ongoing investigation and mitigation steps, and whether regulatory authorities, data subjects, or the media have been informed or are aware of the incident and their response.

13. Audit Rights

The Service Provider will provide the Customer with all necessary information to demonstrate compliance with this DPA and allow audits and inspections by the Customer or their designated auditor regarding the processing of Personal Data.

14. Notification

Each Party commits to immediately notify the other Party upon receiving any complaint, notice, or communication from individuals, supervisory bodies, regulatory bodies, or government bodies that directly or indirectly relates to the processing of Personal Data.

15. Deletion or Return of Personal Data

Upon termination or expiration of the Subscription, the Service Provider will, as per the Subscription terms, delete or make the relevant Personal Data available to the Customer for retrieval. However, if applicable laws require the Service Provider to retain any part of the data, they will retain it accordingly.

16. Liability

Both Parties agree that the liability limitations stated in the Agreement will apply to any violations of the DPA's provisions by either Party. These limitations also extend to each Party's liability to Data Subjects under the third-party beneficiary provisions of the Standard Contractual Clauses, except where prohibited by Data Protection Laws.

17. Term

This DPA will be effective from the specified Effective Date in the Order Form and will remain valid until the Subscription expires or terminates, as indicated in the termination clause of the Terms of Subscription.

18. General Provisions

18.1. Dispute Resolution: Any disputes arising from this DPA will be resolved following the dispute resolution mechanism stated in the Agreement.

18.2. Severability: If any provision of this DPA is deemed invalid or unenforceable, the remaining provisions will remain unaffected and the invalid or unenforceable provision will be modified to the maximum extent permitted by law to make it valid and enforceable.

18.3. Notices: All notices, consents, and other communications under this DPA must be in writing and sent by registered mail, personal delivery, courier, or email to the addresses specified herein.

18.4. Waiver: No waiver of any term, condition, or provision of this DPA by either Party will be considered a waiver of any other term or provision, nor will it constitute a waiver for future performance requirements.

18.5. Entire Agreement: This DPA represents the final and complete agreement between the Parties regarding the subject matter and supersedes all previous discussions. Any modifications, amendments, or waivers to this DPA require acceptance from both Parties.