Terms of Use

TERMS OF SERVICE FOR OWNERS AND AUTHORISED USERS

MRINQ TECHNOLOGIES LLP (“ MRINQ ” , “Us” or “Our” ) and its subsidiaries and affiliates provides a smart access system that works for your commercial , residential and industrial premises and allows you to grant and monitor access to locations equipped with Spintly Device.

These Terms of Service ( Terms ) govern your use of the Spintly device and the Smart Access Application and the services made available in connection with the same. These TERMS form a legally binding terms and conditions for the access and use of the SPINTLY DEVICE , the Spintly Website and Smart Access App.

Smart Access App and all other features, tools, services and content provided by MRINQ in connection with the SPINTLY DEVICE (collectively, the “Services”) are intended for use solely with the hardware or as otherwise made available by MRINQ.

Please read these TERMS carefully. By clicking “I Agree” on the SMART ACCESS APP, registering for an Account (defined below) or accessing or using the Services in any manner, including by visiting the Site (www.spintly.com), or accessing Spintly Device as a Guest, you agree to these Terms. If you are accessing the Services or hardware on behalf of an entity, you hereby agree to these Terms on your behalf and on behalf of such entity. Y ou also consent to the automatic updating of Smart Access App, software included in the hardware and Services from time to time. If you do not agree with these terms, you should not use any software included in the Services.

  1. Definitions
    • ACCOUNT means the User account created by following the registration process as detailed in these Terms
    • PERSONAL INFORMATION means personally identifiable information relating to the User’s person such as name, email, phone number and location.
    • SERVICES means the SMART ACCESS APP and all other features, tools, services and content provided by MRINQ in connection with the SPINTLY DEVICE.
    • SMART ACCESS APP means the mobile application accompanying the SPINTLY DEVICE by means of which the SPINTLY DEVICE can be controlled.
    • SPINTLY DEVICE or SPINTLY means the hardware component of the Access Control System manufactured by MRINQ.
    • THIRD PARTY means any person other than the USER and MRINQ.
    • USER means persons who may be Owner, Authorised Users, or Guests as explained below.
    • Website or Site means the website with the url: www.spintly.com and connected pages.
  1. Nature & Scope of Terms and Account Access
    • These Terms govern and include the terms and conditions for access and usage of Spintly Device , and the Smart Access App . These Terms are a binding contract between the User and MRINQ.
    • USERS (You) are persons with the following levels of access:
      • Owner: The individual who owns Spintly Device is the “Owner”. If you are an Owner who invites or enables a User to use Spintly Device you own, you acknowledge and agree that such User may subsequently invite or enable Guests (defined below) to use the Spintly Device, and therefore access the location equipped with the Spintly Device. If you are an Owner, you acknowledge and agree that you should only authorize those individuals that you trust to be Users.
      • Authorised User: Individuals who are authorized (usually by the Owner) to control Spintly Device, such as the tenants of units equipped with Spintly Device, are “Authorised Users.” These can use the Services to monitor and control the Spintly Device and have access to the location equipped with the Spintly Device (for example, a User can obtain access logs).
      • Guest: “Guest” is any person or entity that is given authorization by a Authorised User or Owner to unlock the Spintly Device for a limited time . By inviting someone to be a Guest, you are giving them the ability to operate your Spintly Device and therefore access the location with which your Spintly Device is used. Please be careful to only invite trusted Guests.

    • Whether you are a Authorised User or Owner, you should only authorize Guests that you are certain you would like to grant access to, in each case, after careful review and due diligence. You are responsible for all of your actions in connection with the Spintly Device and Services as well as all actions conducted through your Account(s), whether or not authorized by you.

  1. Intended Use of Spintly Device

    SPINTLY DEVICE is intended for use in commercial and industrial premises such as factories and offices only . SPINTLY DEVICE is not intended to be used for the purpose of home security and MRINQ assumes no responsibility for any injury or loss caused to the USER as a result of such unintended use.

    The Services are offered only for your use, and not for the use or benefit of any third party.

  1. Registration

    To sign up for the Services, you must register for an Account by entering your username, mobile number and password . Please note that signing up for the Services is different from accessing the Spintly Device , as you can access the Spintly Device as a Guest without signing up for an Account. When signing up for an Account, you must provide accurate and complete information and keep your Account information updated. You shall have the ability to delete your Account, either directly through SPINTLY APP or website or through a request made to your systems administrator , but please note that some of the Services may not be available to you if you delete your Account. You grant us the right to use the information provided by you through the registration process, and any other information you provide to us through your use of the Services, in connection with the operation of the Services or as set forth in our Privacy Policy.

  1. Limited Privilege to Access & Use
    • Subject to the compliance with these Terms and only in connection with usage of SPINT L Y DEVICE and SMART ACCESS APP , MRINQ hereby grants the User a non- exclusive,revocable , non-transferable, royalty-free limited right (without the right to sublicense) to access and use the Spintly Device , Smart Access App and the Services provided therein. Namely, ( i ) for using the Site or Smart Access App , solely in connection with the Spintly Device that is either installed on User’s property, that User has been validly authorized to access, and (ii) installing and using the Smart Access APP on User’s mobile device , solely for the purpose of using the Spintly Device and the Services in accordance with these Terms.
    • The User agree s to comply with all instructions, usage rules and documentation that we may provide from time to time with respect to the Service or Spintly Device.
  1. Preliminary Terms & Conditions

    By accepting these Terms, the User specifically agrees and acknowledges to the following

    • to use the Spintly Device, Smart Access App , Site and the documentation provided therein only for purposes that are permitted by these Terms of Use and any applicable law, regulation or generally accepted practices or guidelines in the appropriate jurisdictions.
    • maintain the confidentiality of the password and Account on the Smart Access App and in any case of any unauthorized access or use of User ’s Account or other breach of security, to immediately notify us at [email protected] to suspend the account . The user may immediately change the account password as well. MRINQ shall not be responsible for any negligence on User ’s part for breach of this term.
    • to provide true, accurate, current and complete information as prompted when using We bsite or Smart Access App . MRINQ reserves the right to confirm and validate the information and other details provided by User at any point of time.
    • In order to take advantage of full functionality associated with the Spintly Device and its Services, the following are necessary:
      • A high speed Internet connection is require d for proper transmission and working of Smart Access App . Owner shall be responsible for procuring and maintaining the network connections that are necessary to connect to SPINTLY cloud.
      • properly functioning hardware (including sufficient battery power, if applicable);
      • at least one Smart phone equipped with the Smart Access App and a working Bluetooth connection;
      • at least one valid User Account and
      • other system elements that may be specified by MRINQ from time to time.
    • MRINQ assumes no responsibility for the reliability or performance of any connections as described in this clause. User acknowledge s that the availability of the Services is dependent on ( i ) User’s computer, mobile device, wiring, Wi-Fi network, Bluetooth connection, power supply and other related equipment; (ii) User’s Internet service provider (“ISP”); and (iii) User’s mobile device carrier.
    • User acknowledge s that the user is responsible for all fees charged by their ISP a nd mobile device carrier in connection with their use of the Services. User also acknowledge s that they are responsible for compliance with all applicable agreements, terms of use or terms of service, and other policies of their ISP and mobile device carrier . It is the User’s responsibility to ensure that they have all required system elements and that they are comp atible, up-to- date, and properly configured. User acknowledge s that the Services may not work as described when the requirements and compatibility have not been met .
  1. Communication Policy

    By accepting these Terms and Conditions , the User specifically agree s to be bound by the se following terms :

    • Providing Mrinq with true, accurate and complete information during the registration process on the Smart Access App . Complete information includes , without limitation, email address, your name and phone number. Inaccurate or false information provide d by you to Mrinq may cause your account to be , at Mrinq’s sole discretion, terminate d or your service suspend ed . When any of the above information changes, you agree to update Mrinq’s records in a timely manner.
    • Agree to receive an OTP on the mobile phone number provided by you to be used during the registration process for the sole purpose of validating the user of the Smart Access App at the time of registration.
    • Mrinq may send notifications to the phone number provided by y ou or on any updated mobile number subsequently provided by y ou on the Smart Access App . If the user has disabled the receipt of such notifications, is in an area with low or no network coverage or if the mobile phone is in ‘O FF ’ mode then the user acknowledges that they may not get the notifications at all or get delayed notifications .
    • Mrinq will try their best to provide alerts via SMS/ notificatio ns and it shall be deemed that y ou shall have received the information sent from Mrinq as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Smart Access App or availing any Mrinq Services. Mrinq is not responsible for the authenticity of the person(s) receiving the notifications . You cannot hold Mrinq liable for non-availability of the SMS/ notifications in any manner whatsoever.
    • The SMS/notification service provided by Mrinq is an add-on facility provided for y our convenience and may contain error s , omission s and/or be inaccurate . In the event that y ou observe any error in the information provided in the notifications , Mrinq shall be immediat ely informed about the same by y ou and Mrinq will make best possible efforts to rectify the error as early as possible. Mrinq will not be held liable for any loss, damages, claim, expense including legal cost th at may be incurred/suffered by y ou on account of the SMS/ notification facility.
    • The correctness and promptness of provi ding the SMS / notification service depend on factors such as the c onnectivity of the service provider , etc . Mrinq shall not be held r esponsible for any non-delivery or delayed delivery of the SMS /notification in any way whatsoever.
  1. License Restrictions & Acceptable Usage

    By accepting these Terms, the User specifically agree s and acknowledges to the following

    • User shall use the App for reasonable and lawful purposes only.
    • User shall abide by these Terms and adhere to all limitations on dissemination, use and reproduction of any materi als accessible on the Smart Access App and Website.
    • User shall not use the Spintly Website and Smart Access App in any way that will damage it or interrupt its provision or cause any disruption.
    • User shall not use the Spintly Website and Smart Access App to transmit or post any computer viruses.
    • User shall not jeopardize the security of its Account or anyone else’s Account, including by allowing someone else to log in to the Services .
    • USER shall not do, nor authorize any other party to do, the following to or with the SPINTLY , Website and SMART ACCESS APP :
      • reverse engineer, deco mpile, or disassemble them
      • modify or create derivative works based upon them in wh ole or in part
      • distribute copies of them unless otherwise permitted by MRINQ
      • remove any proprietary notices or labels on them;
      • use them with any software, data or content that is licensed under terms that would require that the SPINTLY , Website and SMART ACCESS APP be disclosed, licensed, distributed, or otherwise m ade available to anyone; or resell, rent, transfer, lease , sublicense, or othe rwise transfer rights to them;
      • In addition to any other rights or remedies that MRINQ may have, any use in violation of this section will immediately terminate USER’s right to use the SPINTLY , Websites and SMART ACCESS APP.
  1. Third Party Services
    • The Services may be used in connection with other products and services, and may contain links, interfaces and referrals to, as well as content and data from, third-party websites, products and services. When User access es third party resources, it shall do so at its own risk. These other resources are not under MRINQ ’s control, and User acknowledge s that Mrinq is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any third party services does not imply our endorsement or any association between us and their operators. User further acknowledge s and agree s that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
    • By accessing or using these third party services, User is consenting to the exchange of information and data between SPINTLY / MRINQ and the applicable third party service providers regarding you, your Guests and your use of the Services, including your and your Guests’ personal information, in order to enable the third party service’s functionality and services as requested by you. Once this information is shared with the third party service provider, its use will be governed by the third party’s privacy policy (and not by our Privacy Policy) and terms of use. User should review the terms of use and privacy policies of any third party service before using the applicable service. User acknowledge s and agree s that MRINQ make s no representation or warranty about the safety of any third party services and are not responsible for your use of any third party services or any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use thereof.
  1. Confidentiality

    Any Confidential I nformation that the USER may receive which relates to MRINQ , SPINTLY that is no t known to the general public must be kept confidential . The USER agree s that:

    • all Confidential Information will rem ain the exclusive property of MRINQ ;
    • it will use Confidential Information only as is reasonably necessary for the purpose relating to use of SPINTLY or SMART ACCESS APP in accordance with the t hese Terms ;
    • it will not disclose Confidential Information to any individual, company , or other third party;
    • it will take all reasonable measures to protect Confidential Information against any use or disclosure that is not expressly permitted in this Agreement.
  1. Publicity
    • The USER may not issue any press release or make any public statement related to the SPINTLY (including performance of the same or results of any comparisons to other products or services).
    • Further, USER shall not use the name, trademarks or logos of MRINQ or SPINTLY in any way (including in promotional material) without its prior written consent, or misrepresent or embellish the relationship between the Parties in any way.
  1. Safety & Security
    • MRINQ ensures maximum possible safety and security of all its SPINTLY Devices . Spintly compl ies by the electrical and electronics safety standards as per applicable industry practices, including and not limited to fire resistant enclosures, electrical surge protection etc.
  1. User’s Personal Information

    Any Personal Information that may be collected by MRINQ through its SMART ACCESS APP will be dealt only in accordance with the Privacy Policy . By accepting these Terms, USER has expressly given its consent to the disclosure and use of its personal information as described in the Privacy Policy, which is incorporated herein by reference.

  1. Representations

    USER represent s and warrant s to that: (a) it is lawfully able to enter into contracts, on behalf of itself or the entity it represent s , in the jurisdictions where SPINTLY DEVICE has been installed or SMART ACCESS APP is being used ; (b) it will comply with all laws, rules and regulations that apply to its Products, use of the products , and the performance of its obligations and exercise of its rights under these Terms ; and (c) nothing submitted to us in connection with its participation in this agreement is false or misleading.

  1. Copyright, Trademark & Design
    • Except where specifically mentioned, MRINQ retains a ll intellectual property rights (in patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights), title and interest in all text, programs, products, processes, technology, content and other materials, which appear on the Spintly Device , Website s and Smart Access App.
    • Any right granted as per these Terms to a ccess and use the Spintly Device , Website and Smart Access App does not do not convey any additional rights in the Service(s) or in any Intellectual Property Rights associated therewith nor authorize anyone to use any name, logo or mark in any manner. All materials, including images, text, illustrations, designs, icons, photographs , written and other materials that are part of the Spintly Devce , Website and Smart Access App are intended solely for personal, non-commercial use. User may download or copy the same and other downloadable materials displayed on the Website and Smart Access App for its personal use only. No right, title or interest in any downloaded materials or software is transferred to the User as a result of any such downloading or copying. User shall not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the above.
    • Subject only to limited rights to access and use the MIP and Smart Access App as expressly stated in these Terms , all rights, title and interest in and to the Smart Access App and all hardware , including all related Intellectual Property Rights, will remain with MRINQ.
    • User expressly agrees that MRINQ shal l be the sole and exclusive owner of any Feedback including suggestions, enhancement requests, recommendations or other feedback received from User , or other third parties acting on its behalf and User shall not be entitled to any compensation for the same. MRINQ may, in its sole discretion, decide whether to use th is Feedback in any of its products and services. User hereby assign s to MRINQ all of its right, title and interest in the Feedback, including but not limited to all copyrights, patent rights, trade secrets and trademarks.
    • Spintly Device product and service names and logos used or displayed in or on the Website and Smart Access App are registered or unregistered trademarks of MRINQ and User may only use applicable the same to identify itself as a user of the products ; provided that the User shall not attempt, now or in the future, to claim any rights in the such product, names , or Smart Access App , degrade the ir distinctiveness , or use the such to disparage or misrepresent MRINQ , its services or products.
  1. Eligibility for Usage of Spintly Device
    • In order to register for any Account, a User must be at least 18 years old. Owner or Authorised User may allow access to persons below 18 years of age however while doing so such Users accept responsibility for their discretion. Users below the age of eighteen (18) years, may avail the services provided by MRINQ through their legal guardian.
    • Those who choose to access the Spintly Devices , Website and Smart Access App from outside India are responsible for compliance with their own local laws.
  1. Security of Smart Access App & Website

    User shall not violate or attempt to violate the security of the Spintly Device , Website and Smart Access App , including , without limitation,

    • Access data not intended for User or logging onto a server or an account, which it is not authorized to access.
    • Attempt to probe, scan or test the vulnerability of a system, network or breach security or authentication measures without proper authorization.
    • Attempt to interfere with service to any other user, host or network, including, without limitation, submitting a virus to a site, overloading, spamming,flooding, crashing or mailbombing.
    • Sending unsolicited emails, including promotions and/or advertising of products or services.
  1. Rights Reserved b y MRINQ
    • In order to protect its business interests, MRINQ reserves the right to limit the quantity/ value of the items purchased. MRINQ also reserves its right to prohibit sales to any one as it may deem fit.
    • MRINQ reserves its right to refuse or cancel any order for any reason. In such cases, the amount paid by the User will be refunded.
    • MRINQ may require additional information or verification/s before accepting any order.
    • MRINQ may from time to time update the Services, including without limitation by providing improvements, updates, new functionality, bug fixes, or other modifications (collectively “Updates”). These Updates may occur automatically, without notice or any request for additional consent. By using the Services, User hereby consent s to the Updates. If User do not want to receive the Updates, itshould terminate its Account and stop using the Services, including the Smart Access App . In the event that MRINQ ask s the User to install Updates, User must agree to do so promptly. MRINQ is not liable for any failure to install the Updates or any damages resulting therefrom . Updates are subject to these Terms, as well as any terms that apply to the Smart Access App and any additional terms that may be provided with such Update. By continuing to use the Services, User agree s to all terms applicable to the Updates, including the EULA for the relevant Software.
  1. Limitations
    • It is o ur aim and endeavour to make the Services reliable and consistently available; however, we , at MRINQ cannot and do not provide the guarantee that the Services will be available all of the time. The Services may be subject to sporadic interruptions and failures for a variety of reasons beyond MRINQ ’s control, including without limitation, third party network failures and coverage limitations, power failures, service provider uptime, and acts of God. Furthermore, Services rely on or interoperate with a number of third party products and services. These third party products and services are beyond our control and their operation or failure may impact the use and reliability of our Services. MRINQ is not responsible for damages and losses due to these third party products and services. User acknowledge s these limitations and agree s that MRINQ is not responsible for any damages allegedly caused by the failure or delay of the Services..
    • MRINQ is not responsible for damage or liability caused by ( i ) use of the Spintly Device and Services for purposes other than for which the Spintly Device and Services are designed or intended, or in improper conditions or in violation of written instructions provided by MRINQ ; (ii) normal wear and tear or aging; (iii) improper repair, operation, maintenance or connections or (iv) to the extent allowed by law, attempted repair by anyone other than a facility authorized by MRINQ .
  1. Limitation of Liability
    • Under no circumstances including, without limitation, its own negligence, shall MRINQ or its subsidiaries, officers, employees, affiliates, directors, agents, suppliers, distributors, licensors or any other party involved in creating, producing, transmitting, or distributing Spintly Device or related products and services be liable (whether in contract, tort, negligence or otherwise) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, loss of goodwill, loss of use, loss of data or other tangible and intangible losses incurred by the User or any Third Party in connection with this agreement, (regardless of whether MRINQ has been advised of the possibility of or could have foreseen such damages), resulting from:
      • the use or inability to use the Spintly Devices, Website and Smart Access App
      • unauthorized access to or alteration of transmissions or data; or
      • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the SPINTLY Devices, Website and SMART ACCESS APP ;
      • any other matter relating to the SPINTLY Devices, Website and SMART ACCESS APP. Provided that, some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, liability is limited to the fullest and greatest extent permitted by law.
    • In any case, the total liability to User or any T hird P arty arising out of this A greement or otherwise in connection with any subscription to, or use of the services, shall in no event exceed the twice the consideration paid by the User for purchase of the Spintly Device .
    • Any claims or damages that User may have against MRINQ , shall only be enforceable against MRINQ and not any other entity or its officers, directors, representatives or agents.
    • MRINQ has taken all due care in ensuring the safety of its users in relation to use of Spintly , Website and Smart Access App , however User agree s to indemnify MRINQ against any loss or damage arising out of the use or misuse of the Spintly Devices, Website and Smart Access App in any manner, including loss of data, property or life.
    • THIRD PARTY LINKS: Any third party links on Website or Smart Access App are not under MRINQ ’s control and MRINQ assumes no responsibility for the same.
  1. Indemnity
    • MRINQ will indemnify and hold USER S harmless, from and against any claim against User s by reason of the use of a Spintly Devices or Smart Access App as permitted in these Terms , brought by a T hird P arty alleging that such use infringes or misappropriates a third party’s valid legal right. Provided that (a) Prompt notice is given by the User to MRINQ o f the threat or notice of such Claim; (b) MRINQ should have the sole and exclusive control and authority to select attorneys, and defend and/or settle any such Claim; and (c) User should fully cooperate with MRINQ in connection therewith.
    • If use of a Spintly Device or Smart Acces s App by User s has become, or, in MRINQ ’s opinion, is likely to become, the subject of any such Claim, MRINQ reserves the right to, (a) procure the right to continue using the use of as set forth hereunder; (b) replace or modify a Service to make it non-infringing; or (c) if options (a) or (b) are not commercially reasonable or practicable as determined by MRINQ , terminate the Service(s) and repay User , on a pro-rata basis, any amount previously paid to MRINQ.
    • MRINQ shall have no liability or obligation under this clause with respect to any Claim if such claim is caused in whole or in part by ( i ) compliance with designs, data, instructions or specifications provided by User ; (ii) modification of t he Spintly Device by anyone other than MRINQ.
    • User shall will indemnify and hold MRINQ harmless against any claim brought by a third party against MRINQ arising from or related to use of a Service by User s in breach of these Terms or matters for which the User has expressly agreed to be responsible.Provided (a) MRINQ shall promptly notify User of the threat or notice of such claim; (b) User shall have the sole and exclusive control and authority to select attorneys, and defend and/or settle any such claim (however, User shall not settle or compromise any claim that results in liability or admission of any liability by MRINQ without its prior written consent).
  1. Warranties & Disclaimers
    • Each Party represents that it has validly entered into this Agreement and has the legal authority and power to do so.
    • MRINQ warrants that
      • these Terms and the documentation related to the Spintly Device will accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiali ty and integrity of Spintly Device ; and
      • the Spintly Device will perform materially in accordance with the applicable documentation.
    • The Spintly Device , Website, Smart Access App and the information, services, programs and materials available through it are provided on an "AS IS" AND "AS AVAILABLE" basis. To the fullest e