Last updated: 24-08-2024
This End User License Agreement ("Agreement") is a legal agreement between you ("User") and Colosseum Tech Solutions Pvt Ltd, operating under FalconAVL ("we", "us", or "our"). By using our SaaS platform for visitor management and employee transport solutions, you agree to this Agreement. Please read carefully.
The Mobile Applications (Apps) or Web Applications (Web Apps) are developed by Falcon AVL specifically to enhance the user experience of vehicle tracking and management for Falcon AVL customers and their respective employees who, in the regular course of their employment, require access to Falcon AVL's vehicle tracking and management services (referred to as "End Users").
This App is not intended to serve as a safety or security App. The Panic Button Feature (PBF) of the App is purely a facilitative feature, and its successful functioning depends on various factors, including network and software connectivity. The PBF is designed solely to provide End Users with the opportunity to connect with security agencies and systems controlled and managed entirely by their respective employers. The PBF is neither expected nor required to guarantee any assistance to an End User in a stressful situation. End Users acknowledge and agree that their safety and security are the responsibility of their respective employers and themselves. The PBF is designed to supplement End Users' existing security ecosystem and not replace it. Falcon AVL cannot be held accountable or responsible in any manner for averting any incidents impacting End Users.
The use of this App (including any/all of its features) is subject to the terms contained herein (Terms). Before using this App, you are required to read and understand all the Terms and to print or save a local copy for your records
In order to use the App, you must agree to the Terms. You can accept the Terms by:
- Clicking to accept or agree to the Terms, where this option is made available to you by Falcon AVL in the user interface for the App.
- Using the App. In this case, you understand and agree that Falcon AVL will treat your use of the App as acceptance of the Terms from that point onwards.
- You represent that you have full power, capacity, and authority to accept these Terms. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms.
- Falcon AVL may, at its sole discretion and without prior notice to you, add, modify, and/or delete any of the features of the App or discontinue the App, temporarily or permanently, without incurring any liability. You acknowledge and agree that the look and feel of the App may change from time to time without prior notice to you. Falcon AVL reserves the right to refuse or discontinue the App to anyone and to disable End Users' access to the App or its features at any time, in its sole discretion, with or without notice.
- Falcon AVL also reserves the right to release subsequent versions of the App and to require you to obtain and use the most recent version of the App. The App currently does not include advertising. However, Falcon AVL reserves the right to include advertising in the App.
- You acknowledge and agree that Falcon AVL (or Falcon AVL's licensors and their suppliers, as applicable) own all legal right, title, and interest in and to the App, including any intellectual property rights that subsist in the App (whether those rights are registered or not, and wherever in the world those rights may exist).
- Falcon AVL grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the App as provided by Falcon AVL, in the manner permitted by the Terms.
- Except as expressly permitted under the Terms, or unless you have received prior written authorization from Falcon AVL, the licenses granted by Falcon AVL above are subject to the following restrictions:
Access or use the App through any technology or means other than those provided in the App or through other explicitly authorized means designated by Falcon AVL.
- Copy, translate, modify, create derivative works of, or publicly display the App or any part thereof.
- Charge users or any third party any fee solely for the use of the App unless you have entered into a separate written agreement with Falcon AVL or obtained Falcon AVL's written permission to do so.
- Reverse engineer, decompile, or attempt to extract the source code of the App or any part thereof, unless expressly permitted or required by applicable law
- Delete, obscure, or alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the App.
- Falcon AVL claims no ownership over your personal data, and you retain copyright and any other rights you already hold in your personal data.
Falcon AVL collects personal data such as gender, mobile number, and address either directly from you or through your organization to enable various services offered by your organization and to provide you with the best experience with our application.
We use the data we collect to enable services mandated by regulatory requirements or part of the transport-related policy of your respective organization, which includes improving and personalizing your experience. We may also use the data to communicate with you, such as informing you about your account, product information, ongoing or upcoming office commutes, etc. In the case of the Panic Button Feature, we share the location captured at the time of panic with relevant stakeholders in your respective organization or with relevant entities identified by your organization to handle emergency responses.
We share your personal data with your consent or as necessary to complete any transaction or provide any service you or your organization have requested or authorized. We also share data with vendors working on our behalf, when required by law, to respond to legal processes, to protect our customers, lives, and maintain the security of our product, and to enable services requested by your organization.
By accepting to use the App under these Terms, you grant Falcon AVL the requisite non-exclusive license to view and use your personal data, enabling Falcon AVL to deliver services required by law and your organization, and to enhance your experience with using the application.
If you would like to know more about what personal data we collect and how we use it, please contact us at [email protected].
These Terms will continue to apply until terminated by either you or Falcon AVL as set out below.
You may terminate your legal agreement with Falcon AVL by discontinuing your use of the App at any time and removing the App from your handheld/smartphone. You do not need to specifically inform Falcon AVL when you stop using the App. Falcon AVL may, at any time, terminate its legal agreement with you at its discretion without prior notice to you.
You expressly understand and agree that the App is made available to you purely on an "as-is" basis, without warranties of any kind. You acknowledge that your use of the App is at your sole risk and discretion. You will be solely responsible for any injury that results from the download or use of the App.
In particular, Falcon AVL does not represent or warrant that:
- Your use of the App will meet your requirements.
- Your use of the App will be uninterrupted, timely, secure, or free from error.
- Any information obtained by you as a result of your use of the App will be accurate or reliable.
- Defects in the operation or functionality of the App will be corrected.
Falcon AVL 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
You expressly understand and agree that Falcon AVL will not be liable to you for:
Any direct, indirect, incidental, special, consequential, or exemplary damages that may be incurred by you, however caused and under any theory of liability (including, but not limited to, any loss of profit, whether incurred directly or indirectly, any loss of goodwill or business reputation, any loss of data, cost of procurement of substitute goods or services, or other intangible losses).
Any loss or damage as a result of:
- Any reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the App.
- Any changes that Falcon AVL may make to the App, or any permanent or temporary cessation in the provision of the App (or any features within the App).
- The deletion of, corruption of, or failure to store any content and other communications data maintained or transmitted by or through your use of the App.
- The above limitations on Falcon AVL's liability to you will apply whether or not Falcon AVL has been advised of or should have been aware of the possibility of any such losses or damages.
These Terms shall be governed by and construed in accordance with the laws of Courts of Hyderabad, without regard to its conflict of law provisions.
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall be settled by arbitration and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
These Terms constitute the entire agreement between you and Falcon AVL concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements, and statements.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law.
Falcon AVL's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
If you have any questions about these Terms, please contact us at [email protected].
By accepting these Terms, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions herein.
Thank you for using Falcon AVL.
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