These Terms of Services ( “Agreement” ) apply to any and all mobile application ( “Application” ) developers and/or owners and operators of Applications ( “Developer(s)” ) who are desirous to obtain analytics platform services that aid in tracking, diagnosing, resolving and communicating issues regarding user experience with such Applications in real time ( “Services” ), by integrating a developer-friendly tool kit with the Applications (the “Hansel Kit” ), developed and owned by Hansel Software Private Limited , a company incorporated under the provisions of the Indian Companies Act, 2013 , having its registered office at #20, 1st Main, 1st Block, Koramangala Layout, Bangalore - 560034, Karnataka, India (“Hansel”).
Hansel and Developer shall, wherever the context so requires, be referred to individually as a “Party” and collectively as “Parties” .
This Agreement along with the Legal Policies is subject to modification which will be notified in the Site and shall be effective from the date of such notification. Developers are advised to review this Agreement and other Policies periodically. In case the Developer does not agree to this Agreement and Legal Policies, it is requested not to access or use the Site and Hansel Kit and/ or the Services of Hansel in any manner and promptly remove or uninstall the Hansel Kit and any part thereof from the Developer’s system and Application.
The Services enable the Developer to collect information regarding End User’s activities while they access the Application. The Application Usage Data will be tracked, captured and recorded as a video and/or application code log and stored in the Hansel’s secured server for further processing. The stored Application Usage Data will be analyzed using Hansel’s proprietary software to generate a Report, the ownership of which vests with the Developer subject to the terms of this Agreement. The developer can use the report to modify/fix the application through Hansel’s online dashboard for a better customer experience. Notwithstanding anything to the contrary, the Hansel Kit assists the Developer in tracking and diagnosing any and all issues with the End User experience while using the Application in real time. In the event of failure to diagnose/modify/fix the error in run time, the same will be communicated to the End User and the End User shall be notified to upgrade the Application.
THE HANSEL KIT, SERVICES AND REPORTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, HANSEL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS MAKE NO REPRESENTATION OR WARRANTY (I) THAT THE HANSEL KIT AND REPORTS OR RESULTS THEREFROM WILL MEET DEVELOPER’S REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE, OR BUG-FREE, (II) REGARDING THE RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE HANSEL KIT OR REPORTS, OR (III) THAT ANY ERRORS IN THE HANSEL KIT OR REPORTS CAN OR WILL BE CORRECTED. HANSEL HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
This Agreement commences on the date of acceptance of this Agreement by the Developer ( “Effective Date” ) and shall remain in effect until this Agreement is terminated by either Party ( “Term” ). Either Party may terminate this Agreement with or without cause immediately upon providing notice to the other Party. Upon any termination of this Agreement, (a) the Developer must discontinue accessing and using the Hansel Kit and delete all materials, software and Documentation from its system or device; (b) all obligations or liabilities that accrued prior to the effective date of termination and all remedies for breach of this Agreement shall survive; and (c) all other rights, obligations, and licenses of the parties under this Agreement shall terminate.
Survival. The requirements and covenants of the provisions of Section 6 (Confidentiality and Non-Disclosure), Section 7 (Intellectual Property Rights), Section 9 (Disclaimer of Warranties), Section 10 (Indemnification), Section 11 (Limitation of Liability), Section 12 (Term and Termination) and Section 13.5 (Governing Law and Jurisdiction), Section 13.6 (Dispute Resolution) and such other clauses which by their nature survive termination, shall survive and continue in full force and effect after the termination of this Agreement.