RESERVATION OF RIGHTS
We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting amended Terms of Use on this website. Your use of Company Products indicates your acceptance of any amended Terms of Use.
These Terms of Use describe the terms on which you may access the products and services provided by Friskfly Tech Devices Private Limited, its affiliated and subsidiary companies, including subsidiaries of affiliated companies, an Indian Private Limited Company, ("Company"). Company Products ("Company Products"), includes but is not limited to products created and/or owned by Company such as this Website, a client login portal, phone applications, web applications, drones, electronics components and other software and hardware. Nothing contained herein shall be deemed to confer any third-party rights or benefits. In the event you don’t agree to be bound by these Terms of Use, please do not access Company Products.
We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting amended Terms of Use on this website. Your use of Company Products indicates your acceptance of any amended Terms of Use.
Eligibility to use Company Products is not automatic, and all decisions regarding your eligibility to utilize Company Products are made solely and exclusively in the discretion of Company. You agree not to contest any eligibility determination made by Company.
Company Products can be provided as a convenient method for authorized users to access documents related to services provided to you by Company. Either you or Company may upload documents and materials to a restricted client account through Company Products functionality, however, you may only upload documents related to requested services to be provided, or services currently provided, by Company. Company Products may not be used to back-up ordinary materials or other records maintained by the Client. Company Products contain a variety of information and content, including (1) copyrighted material, such as information, text, graphics, images, processed data analysis, software, compilations, designs, and graphical interface; (2) trademarks, logos, service marks, and trade identities, whether registered or unregistered (“Trademarks”); and (3) other forms of information and intellectual property of Company (“Content”).
All right, title, and interest in and to the Content, with the exception of data specifically excluded per the terms and conditions of a Client’s specific service agreement, survey agreement, or user agreement, available via Company Products is the property of Company, and is protected by international copyright, trademark, patent, or other proprietary rights and laws. You may not copy or otherwise use any of the Content except as expressly authorized by these Terms of Use, or as expressly provided by the licensing rights granted under the Client’s specific service agreement, survey agreement, or user agreement, as applicable.
While we strive to keep the Content of Company Products accurate, complete and up-to-date, we cannot and do not guarantee, represent or warrant that any of the Content is accurate, complete or applicable to you. Company does not guarantee uninterrupted or error-free operation of Company Products or any portion thereof and will use reasonable efforts to maintain its operation and availability.
You agree to use Company Products solely for lawful purposes, and you agree that you shall at all times comply with all applicable laws, statutes, rules, regulations, ordinances, and the like applicable to your use of Company Products. We grant you a non-exclusive, non-transferrable, revocable, limited license to view, download, copy, and print Content retrieved from Company Products only for your personal use. Any unauthorized use of any Content from Company Products may violate copyright laws, trademark laws, privacy laws and/or other laws or regulations.
You will access Company Products with your User ID, password, and other credentials and you will not impersonate any person or entity, or falsely state or otherwise misrepresent your identity or any information you submit to Company Products. You agree to provide true, accurate, current and complete information requested by Company.
You agree to accept responsibility for all activities that occur under your User ID and password. You are responsible for maintaining the confidentiality of your password, and for restricting access so that others may not access your Company Products under your User ID and password. You agree to immediately notify Company of any unauthorized use of your User ID or password or any other breach of security which may affect your Company Products. We shall not be liable for any loss or damage arising from your negligence or failure to comply with any of the foregoing obligations.
You understand and agree that Company Products and all Content on it is provided on as “As Is,” “As Available” basis and without warranties of any kind, either express of implied. Company expressly disclaims all warranties, representations, and undertakings of any kind, whether express or implied, including without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
You agree that Company is not liable to you for any loss or damages of any kind, including, any direct, indirect, special, incidental, exemplary, punitive, consequential or economic damages, whether based in tort, contract, strict liability, or otherwise, including any loss or damages arising out of or in any way connected with or relating to your use of Company Products, or with the delay or inability to use Company Products, or for any information, content, products, and/or services obtained through Company Products.
You acknowledge that using the products and services provided by Company may result in charges to you for the goods or services obtained through your use of Company Products (“Charges”). The Company will process and/or facilitate payment of the applicable Charges for goods or services you receive through your use of its products and services. Charges will include applicable taxes where required by law and may also include additional fees, surcharges, or applicable costs, such as delivery or customization fees for drones or related components. All Charges paid by you, whether directly or via an escrow account, are final and non-refundable unless the Company, at its sole discretion, determines otherwise upon request.
The Company reserves the right, in its sole discretion, to establish, modify, or revise Charges for any or all goods or services offered through its products at any time. You further acknowledge that Charges may vary based on factors such as demand, customization, or additional services requested. While the Company may make reasonable efforts to inform you of applicable Charges, you remain responsible for all Charges incurred regardless of prior awareness or the specific amounts.
Promotional offers or discounts may be made available from time to time, resulting in different Charges for similar goods or services. You agree that such offers, unless explicitly extended to you, do not affect the Charges applied to your use of Company Products. The Company may utilize the proceeds from Charges for any purpose, including operational expenses, product development, or fulfillment of its obligations to third parties.
For certain services or goods facilitated by third-party providers (“Third Party Providers”), Charges incurred by you may be owed directly to the Third Party Provider. In such cases, the Company acts as the limited payment collection agent for the Third Party Provider, collecting Charges on their behalf. Payment of such Charges to the Company is considered equivalent to a direct payment made by you to the Third Party Provider.
By using Company Products, you accept and agree to these terms regarding Charges and payments.
Company reserves the right, in its sole discretion, to modify or discontinue Company Products, or any portion of Company Products, without notice to you or any third party. We also may, in our sole discretion, refuse or restrict anyone from access to Company Products or any portion of Company Products.
Any violation of these Terms of Use may result in restriction or termination of your access to all or part of Company Products and may be referred to law enforcement authorities. No waiver of any of these Terms of Use shall be of any force or effect unless made in writing and signed by an authorized representative of Company.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Gujarat, Republic of India, without regard to its conflict of law provisions. Any disputes, claims, or actions arising out of or related to these Terms of Use or the use of Company Products shall be subject to the exclusive jurisdiction of the courts located in Surat, Gujarat, India.
You further agree that, at the Company’s discretion, disputes may also be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended), with the arbitration proceedings conducted in Surat, Gujarat. The language of arbitration shall be English, and the decision of the arbitrator(s) shall be final and binding on all parties.
By using Company Products, you consent to the exclusive jurisdiction and venue of the courts or arbitration in Surat, Gujarat, India, and waive any objection to such jurisdiction or venue, including objections based on inconvenience.