These terms form a legally binding agreement between Users (“User(s), you, your, yourself”) and Optiemus Infracom Limited and/or its subsidiaries and affiliates (“Optiemus, we, us, our”). These terms shall govern the use of the Optisafe device, website, mobile application, call centres (collectively referred to as “Optisafe”).
Optisafe device is designed to work in conjunction with Android or iOS enabled Smart Phone having an active cellular connection and with Optisafe Application that is configured to run on the Smartphone. Upon trigger, Optisafe performs functions permitted by the user though the mobile application to help relay the distress signal to the pre-configured SOS Contacts. The Optisafe device and Optisafe Mobile Application are not services that assist in any emergency response action and the use is limited to relaying of distress signal to the configured contacts and other configured functionality. Depending on the functionality assisted by the smartphone, the mobile application may enable additional functionality for
You must be at least eighteen (18) years of age or above and capable of entering, performing and adhering to these terms. Individuals under the age of 18 may utilize Optisafe product and services only with the involvement, guidance and supervision of their parents and / or legal guardians.
Optisafe service is made available by conjunctive use of Optisafe device and Optisafe Mobile Application. The functionality is subject to you providing certain required User information and having created an account ("Account") through the Optisafe Mobile Application. The Optisafe requires you to register as a User by creating an Account in order to utilize the Services provided. You will be responsible for providing accurate information and maintaining the accuracy and confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Optisafe of any unauthorized use of its Account Information or any other breach of security, and (b) ensure that you have consented to each of the permission sought for by the Optisafe Mobile Application. Optisafe cannot and shall not be liable for any loss or damage arising from your failure to comply with this clause. Optisafe shall not be responsible for any failure arising out of
Optisafe product and services are designed to be used by the user together with trusted SOS contacts. The SOS contacts are configured by you and it is you who shall be responsible to educate the SOS Contact on the scope of service and permitted use. The SOS Contact shall be provided with access to the emergency signal and recorded audio / video. You give express consent that you have understood the extent and content of the information that you shall be sharing with these SOS Contacts and agree not to hold Optiemus responsible for any misuse of the information / recording by any of the SOS Contacts. For most optimized working, it is recommended that SOS Contacts also install Optisafe Mobile Application on their device.
In case you wish to discontinue you can at any point stop making use of the Optisafe Device, uninstall the Optisafe Mobile Application and delete your account registered with Optisafe. Optiemus reserves the right to unilaterally terminate your use of Optisafe without notice or any liability for reasons of breach of the terms mentioned herein.
By using the Optisafe product and Optisafe Mobile Application you hereby acknowledge and agree that Optiemus is not an emergency response service and has no control over the conduct or behaviour of the network or SOS contacts y or the quality, fitness or the suitability of the services provided by third party offering services. Optiemus disclaims any and all liabilities in this regard. Optisafe is not a replacement of emergency services. Optiemus shall not be responsible for any non-fulfilment of product feature or expectation resulting from non-functioning smartphone, cellular network. Optiemus shall not be responsible for lack of alert or response or any disruption in delivery of the emergency information to the SOS Contacts that results from their attention or lack of cellular service coverage at recipient location.
Audio and Video recordings are particular feature of the Optisafe Mobile Application that works in conjunction with smartphone device. You have consented for these recordings to be sent to the SOS Contacts through hosting by Optiemus. Optiemus has no authority to verify the authenticity of the content or the sequence of events. Optiemus is only responsible for transmission of the data. The recordings uploaded on our servers is stored for a fixed period of time based on data retention policy of Optiemus applicable at the time. If the user or SOS contacts do not download the copy within this period, then Optiemus shall not be responsible for the loss of records or in any manner whatsoever. Optiemus only stores the data on as is where is basis. The stored data shall be deleted upon expiry of period under data retention period. If, during this time, any law enforcement order is received by Optiemus to share the data with law enforcement agency then you give your express and unhindered and full consent to Optiemus to share the same without any risk of loss or claim whatsoever. Optiemus takes all possible steps to ensure data safety and security, including physical access controls and encryption etc.
Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to Optiemus herein or any applicable laws or otherwise, User agrees to indemnify, defend and hold Optiemus harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Optiemus that arise out of or related to your use or misuse of the of the Optisafe Device or Optisafe Mobile Application, any violation by you of these terms and conditions, or any breach of representations, warranties and covenants made by you herein.
Optiemus shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this Optisafe or any of the information, software, services and related graphics contained within the Optisafe or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if Optiemus has been advised of the possibility of damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF OPTISAFE SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.
Governing Law and Jurisdiction: This Agreement, and all transactions entered into shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto, the terms or any transactions entered into on or through the Optisafe or the relationship between User and Optiemus shall be subject to the exclusive jurisdiction of the courts at Delhi and User hereby accede to and accept the jurisdiction of such courts.
No Waiver :Any failure, delay or forbearance on the part of Optiemus in: (i) exercising any right, power or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by Optiemus of any right, power or privilege preclude any other future exercise or enforcement thereof.
Severability: The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.