Terms of Service
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.
DEFINITIONS AND INTERPRETATIONS
The following terms when used in this Agreement shall have the meanings as ascribed to them in this section:
- “Applicable Law” shall mean any applicable legislative enactment or statutes, declaration, decree, ordinances, rules and regulations, or any policy or directive of or by, any governmental authority or rulings of the courts, or any license, permit, or other authorization of governmental authority under such applicable laws and conditions of such license, permit, or other authorization, in each case as in effect from time to time.
- “Application Usage Data” shall mean all information, data, video and other content, received by Hansel related to the Developer’s use of Hansel Kit, including without limitation, user name, email address and demographic location of the End User; analogous data of End User such as IP address, browser type, device unique identification number, device type, its operating system etc., number of visits of the End User to the Application, complete activity of the End User on the Application, End User agent, timestamps, cookie, and other miscellaneous information from End User’s usage of the Application.
- “Documentation” shall mean all or any portion of the documentation, instructions, manual, installation, operator guides, user guides and any other supporting or programming materials, in written or other tangible form (including on magnetic media), made available by Hansel, for use in connection with the Hansel Kit and its Services.
- “End User(s)” shall mean any person who are (a) regular visitors of the Developer’s Application; or (b) any registered users of the Application in order to access and use the Application and to receive the services offered by the Developer.
- “Intellectual Property Rights” shall mean all intellectual and industrial property rights including without limitation, trademarks, service marks, trade names, trade dress, copyrights, rights of authorship, inventions, mask work rights, moral rights, patents, rights of inventorship, all applications, registrations and renewals in connection with any of the above; database rights, know-how, trade secrets, rights of publicity, privacy and/or defamation, rights under unfair competition and unfair trade practice laws, anywhere in the world.
- “Object Code” shall mean shall mean the (i) machine-readable computer-programming code; and (ii) runtime engine and environment, including the general library of software routines, as necessary to operate the any software and/ or to execute the Source Code form of the software into executable code, including runtime compilers, assemblers or interpreters.
- “Source Code” shall mean human-readable computer-programming code and related system documentation, programmers’ comments and descriptions of the compiler application and environment which is used to convert the human-readable computer-programming code into the Object Code form of the software.
- “Trademarks” shall mean any and all trade names, service names, product names, brand names, logos, symbols, labels and other marks used in trade to indicate the source of origin of the goods or services of a business entity or an individual involved in any business, whether registered or not.
SCOPE OF SERVICES
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.
DISCLAIMER OF WARRANTY
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.
TERM AND TERMINATION
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.