End User License Agreement

PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY CHOOSING TO TAKE ANY STEP TO DOWNLOAD, SET-UP, INSTALL OR USE ALL OR ANY PORTION OF APPOTHON TECHNOLOGY PRIVATE LIMITED’S (“APPOTHON”) PRODUCT ‘TECHEE’ (“APP”) (INCLUDING BUT NOT LIMITED TO THE SOFTWARE, FILES AND DOCUMENTATION ETC.) OR USE ANY OF APPOTHON’S SERVICES IN CONNECTION WITH THE APP, INCLUDING BUT NOT LIMITED TO: (A) ACCESSING RESOURCES; AND (B) ACCESSING CONTENTS THROUGH APPOTHON’S NETWORK AND/ OR OTHER NETWORKS OPERATED BY APPOTHON ON THE APP, YOU, A USER OF THE APP (“LICENSEE/ YOU/ YOUR”) WHO PROPOSES TO USE THE PLATFORM PROVIDED BY THE APP TO BE CONNECTED WITH A PROFESSIONAL ENGINEER/ TECHNICIAN (“PROFESSIONAL”) HEREBY ACCEPTS AND AGREES TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA. IF YOU ACQUIRE, INSTALL OR USE THE APP, YOU REPRESENT THAT YOU HAVE THE CAPACITY TO ENTER INTO THIS EULA LEGALLY. IF YOU ARE USING THE SERVICES ON THE APP ON BEHALF ON ANY ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORISED TO ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS EULA ON SUCH ENTITY’S BEHALF AND THAT SUCH ENTITY AGREES TO BE BOUND BY THIS EULA AND SHALL INDEMNIFY APPOTHON FOR ANY VIOLATION OF THIS EULA BY YOU OR ANY OTHER USER ON YOUR ACCOUNT. BY AGREEING TO THIS EULA, YOU ALSO AGREE TO THE TERMS OF USE OF THE APP AVAILABLE AT https://techee.in/terms-of-use/ (“TERMS OF USE”), PRIVACY POLICY AVAILABLE AT https://techee.in/privacy-policy/ (“PRIVACY POLICY”) AND/ OR SUCH OTHER POLICIES AS MAY BE ESTABLISHED OR INTRODUCED BY APPOTHON FROM TIME TO TIME.

YOU ARE REQUIRED TO REVIEW THIS EULA THOROUGHLY AND VERIFY WHETHER THIS EULA IS ACCEPTABLE TO YOU, PRIOR TO USING THE APP AND ITS SERVICES. IF YOU FIND ANY PROVISION OF THIS EULA OR THE TERMS OF USE OR THE PRIVACY POLICY UNACCEPTABLE, FORTHWITH UNINSTALL THE APP FROM YOUR DEVICE AND CEASE USING ANY SERVICE OF APPOTHON. YOUR USE OF THE APP OR ANY SERVICE PROVIDED BY APPOTHON IN RELATION THERETO SHALL BE DEEMED TO BE AN ACCEPTANCE OF THE TERMS HEREOF AND SHALL CONSTITUTE A VALID AND BINDING AGREEMENT WITH YOU. IN CASE YOU FIND ANY ERROR IN THIS EULA, YOU MAY COMMUNICATE TO APPOTHON IN WRITING AT THE ADDRESS PROVIDED IN CLAUSE 21 OF THIS EULA.

This EULA may be updated by Appothon from time to time. Once this EULA is amended or updated, Appothon will release the updated terms of the EULA in the App or on Appothon’s/ App’s web page at www.techee.in. Once the updated/ amended terms of the EULA are released, the updated terms will effectively substitute the original terms of the EULA. The Licensee may login into the App or visit the website to review the latest version of the terms of this EULA at any time.

1. OWNERSHIP OF THE SOFTWARE

• The Licensee understands that the App and all of its services are the property of Appothon and are protected by the Indian and international copyright, trademark and other laws. Appothon owns and has the license to use all of the intellectual property rights relating to the App, its services, any application developed for and of the App for any platform, the website, including without limitation, all intellectual property rights protected as trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, whether or not they happen to be registered. However, any third party software or third party services made available to the Licensee on the App are made available under the relevant third-party software license terms or open source software license terms as the case may be.

2. SOFTWARE LICENSE

• We hereby grant the Licensee, a non-exclusive, non-transferable, revocable and limited license to make personal, non-commercial use of the App and access the App as a visitor browsing the services on the App or creating an account on the App as per the Terms of Use. Apart from the foregoing, no other right, title and interest is being made available to you in relation to the App. Further, we reserve all rights not expressly granted to you under this EULA and/or the Terms of Use.

• Appothon’s services are not sold or transferred to you, and Appothon and its licensors retain ownership of all copies of the software applications, data, Company Content (as defined in the Terms of Use), visuals, stills, etc, even after the installation of the App on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other supported devices (“Devices”). You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Company Content (as defined in the Terms of Use), without the Company’s express prior written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors.

• We grant you permission to use the App subject to the conditions and restrictions in this EULA and the Terms of Use. We may change, restrict, or terminate your permission to use the App for any conduct that we consider to be inappropriate, or for your breach of this EULA or the Terms of Use, including the restrictions listed hereunder and thereunder. Your use of the services on the App shall be at your own risk, including the risk that you might be exposed to content, information, data, items, materials, software, text, displays, images, video, and audio that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

• The services on the App may be modified, updated, interrupted, suspended, or discontinued at any time, for any or no reason without notice to you.

• This EULA will be valid for an indefinite period or until terminated in accordance with the terms of this EULA.

3. TERMINATION OF LICENSE

• If the Licensee breaches any of the terms contained in this EULA, the Privacy Policy, or the Terms of Use, Appothon, at its sole and absolute discretion, can immediately terminate, suspend in part of whole, or restrict the Licensee’s right to use the App (including its services) without any notice.

• The Licensee understand and agrees that once the license is terminated or suspended, the Licensee may not be entitled, if Appothon deems so, to continue to use the services of the App under the same Account, a different Account or re-register under a new Account, and your right to use the App will immediately cease.

• Any suspension or termination will not affect the Licensee’s obligations towards Appothon under this EULA, which by their nature are intended to survive such suspension or termination.

4. DISCLAIMER OF WARRANTIES

• You expressly agree that use of the App and its services is at your sole risk. The services on the App are provided on an “as is” and “as available” basis. The Company expressly disclaims any and all liabilities, warranties, representations, conditions, or indemnities of any kind, whether express or implied including, but not limited to any and all liabilities and warranties of fitness for a particular use or purpose, non-infringement, title, operability, condition, value, accuracy of data and system integration.

• Appothon and/or its affiliates expressly disclaim any liabilities and warranties regarding security, accuracy, reliability, timelines and performance of the services on the App or that the services/ App/ Website will be error free or that any errors will be corrected. No advice or information provided to you by Appothon will create any liability or warranty that is not expressly stated in this EULA or the Terms of Use. Nothing available on the App shall constitute the Appothon’s opinion and should not be relied upon in making (or refrain from making) any decision.

• We make no representations concerning, and do not guarantee, the accuracy of the services available on the App, including, but not limited to, any information provided through the App or their applicability to your individual circumstances.

• You acknowledge that the App merely provides a marketplace platform to connect you with Professionals for maintenance and repair services of your Devices. We claim no responsibility for any services offered by the Professionals or products sold or marketed by the Professionals and we shall not be liable, in any manner whatsoever, for the same. The arrangement between the Professionals and you shall be strictly on a principal to principal basis. You acknowledge that the Professionals are not employees or agents of Appothon and do not represent Appothon. The Professionals have chosen to avail the use of the platform offered by the App to market and offer their services to users.

5. REPRESENTATIONS, WARRANTIES, UNDERTAKINGS AND INDEMNITY

• You represent and warrant that you shall:

• comply with any and all applicable laws and/or such other rules and guidelines as may be applicable to you and your use of the App shall at all times be strictly in compliance with applicable law;

• comply with all of your wireless carrier’s/ data provider’s terms and conditions;

• not breach any of the terms set forth in this EULA and the Terms of Use as well as the Privacy Policy; and

• verify and affirm the accuracy and truthfulness of all the information you provide to us.

• In addition to the above, you agree, acknowledge and confirm the following:

• Appothon (including its directors, officers and/or employees) accepts no responsibility for any legal or financial events or outcomes arising out of the use of the App/ Website or its services;

• The services of the App are for personal use and you shall not be entitled to use the same for commercial purposes and/or for any purpose beyond the scope of this EULA and the Terms of Use

• Appothon shall not be liable for any illegal, substandard hardware or pirated/counterfeit software or applications which may be used or installed by the Professional on your Device, with or without your consent; and

• The App and/or the information thereon shall not be used for any illegal purposes whatsoever. You shall not be entitled to access our networks, computers and/or the information and/or services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment of our App/ Website and/or the information thereon. You shall not attempt to gain unauthorized access to any information on the App and/or the Website, other accounts, computer systems, or networks connected with the App/ Website and/or information. You may not use any automated means to access the App/ Website for any purpose whatsoever. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Account. Any attempt by any individual or entity to solicit login information of any other user or to access any such account, shall be an express and direct violation of this EULA, the Terms of Use and the Privacy Policy and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

• Your right to use the App/ Website is not transferable. At all times when using or accessing the services, you agree that:

• You will not post on the feedback section of the App, any defamatory, inaccurate, abusive, obscene, derogatory, offensive, threatening, harassing, capable of hurting religious sentiments, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not post any offensive or sexually suggestive references or post any photographs or other images containing nudity. Appothon reserves the right, but has no obligation, to remove without warning or remove any profile or photograph or image that does not comply with this EULA or the Terms of Use;

• You will use the App in a manner consistent with any and all applicable laws and regulations and as per the terms of this EULA and the Terms of Use;

• You will not falsify your identity or misrepresent yourself or any other user or any third party, in any way on the App;

• You will not physically or mentally harass or cause any injury or damage to any customer or Professional in any way;

• You will not use any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the App/ Website or its contents;

• You will not interfere with or disrupt the services of the App/ Website, or the servers or networks connected to our App/ Website;

• You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; nor will you attempt to disrupt, degrade, impair, or violate the integrity or security of the App/ Website in any way (including, without limitation, “hacking,” “denial of service” attacks, and the like);

• You will not “frame” or “mirror” any part of the App/ Website, without our prior written authorization. You also shall not use meta tags or code containing any reference to Appothon or our services in order to direct any person to any other website for any purpose;

• You will not modify, copy, adapt, sublicense, translate, sell, reverse engineer, create derivative works from, decipher, decompile or otherwise disassemble any portion of the App/ Website or its services or any source code or other software used in or for the App/ Website, nor will you cause, assist, or encourage others to do so;

• You are solely responsible for your interactions with the Professionals. Appothon reserves the right, but has no obligation, to monitor or attempt to resolve disputes between you and the Professionals; and

• You will respond fully, truthfully, and within 3 (three) business days to any request for information or other inquiry from us, in relation to your, another user’s or Professional’s compliance with this EULA, the Terms of Use and the Privacy Policy.

• Failure to comply with the foregoing provisions in this section above may result in immediate suspension or termination of your right to use the App and its services. Appothon reserves the right, in its sole discretion and in all instances, to determine whether you have or have not complied with any provision contained in this EULA and the Terms of Use.

• You will indemnify, defend, and hold harmless Appothon, Appothon’s licensors and affiliates and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:

• your access to and/or use of the App/ Website and/or its services;

• your violation of any of the provisions of this EULA, the Terms of Use and/or the Privacy Policy;

• your violation of any rules, regulations, acts and/or laws that are in force or that may come into force from time to time;

• any activity related to your Account by you or any other person accessing the App through your Account, including, without limitation, negligent or wrongful conduct; or

• your violation of any third-party right, including, without limitation, any confidentiality, property or privacy right.

• Appothon reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree, undertake and confirm to cooperate with us in asserting any available defenses.

6. PRIVACY POLICY

With Licensee’s use of the App and its services, Appothon will collect certain information as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference. The Privacy Policy is available at https://techee.in/privacy-policy/.

7. TERMS OF USE

The Licensee’s use of the App and its services will, at all times, be governed by the clauses, terms and conditions as set forth in more detail in the Terms of Use, which are hereby incorporated by reference. The Terms of Use are available at https://techee.in/terms-of-use/.

8. OTHER APPLICABLE CLAUSES

The clauses pertaining to confidentiality, arbitration, governing law and jurisdiction and miscellaneous clauses as contained under the Terms of Use shall apply mutatis mutandis to this EULA.

9. CONTACT INFORMATION

If you have any questions about the terms of this EULA or the App or its services, please contact Mr. Prashant Chotalia (the Grievance Officer and the Nodal Officer of the Company) at grievance@techee.in. Your grievances, if any, will be redressed within the period prescribed under applicable law.

Entity Name: APPOTHON TECHNOLOGY PRIVATE LIMITED

Address: Floor-2, 191, Loonet Building, Dr. B.A. Road, Dadar (East), Mumbai – 400014