WATERAPP – TERMS & CONDITIONS
Please read these terms of service and Purchase Order/Work Order & Rental / Sale Agreement (together, these “Terms”) carefully as they form a contract between You (“Customer”) and Green Pyramid Energy Private Limited (GPEPL). It governs use of and access to the Service(s) by You, Your Affiliates, Users and End-Users. In the event of a conflict between these terms of service and Purchase Order/Work Order or Rental / Sale Agreement, these terms of service shall prevail.
1. SCOPE OF SERVICES
GPEPL shall provide a mobile application called “WaterApp” to the Customer, with which they can monitor their tanks, wells and borewells and view data and analytics related to them. GPEPL shall provide water level sensors, flow sensors, quality sensors, RF/GSM Water Cloud Gateways, cables, adapter, solar panels (“WaterApp Materials”) as per Standard Installation Procedure.
The Customer understands that the mobile application is provided on an “as-is” basis for the purpose of providing data to the Customer;
2. RESPONSIBILITIES OF GPEPL
a. Perform all Services in a diligent and sincere manner and to the best of its abilities, following prescribed industry standards.
b. GPEPL will help the Customer in installing WaterApp and answer any questions they might have regarding the App.
c. In the event of any issue with the WaterApp, GPEPL will take all reasonable measures to ensure the same is fixed as per the SLA. The Customer acknowledges that any issue with WaterApp and/or WaterApp Materials will result in data loss and GPEPL will try their best to get it fixed as soon as possible.
e. WaterApp will ensure data update time to cloud will be a maximum of 120 minutes during normal time. If the data doesn’t update within this timeframe, WaterApp will notify the Customer and the customer should ensure that the WaterApp Gateway is powered appropriately and turned on. If the above steps are taken and the data is not updating or update time is longer than 120 minutes, the Customer should intimate GPEPL by creating a ticket as per process mentioned in Clause 7.
f. GPEPL will provide access to the Mobile Application by linking Email and/or Phone number provided by the customer. Customers with Administrative level access to the configured “Locations” will be able to share access with other users. Customer will be responsible in making sure access is shared with appropriate users, and GPEPL will not be responsible for any inadvertent loss of data due to sharing access with other users.
g. Inform the Customer of any delay in the provision of Services, in a timely manner.
h. GPEPL will follow all required safety norms during installation and service.
i. Raise invoices in a timely manner.
j. Comply with the terms herein.
3. OBLIGATIONS OF THE CUSTOMER
The Customer shall:
a. Make payments in a timely manner as per the payment schedule and terms herein and comply with all the other terms.
b. The Customer shall completely cooperate with GPEPL and make all necessary arrangements for GPEPL to install and service the WaterApp Materials from time to time.
c. If scaffolding is required at the time of installation, the Customer is required to make permanent provision to ensure accessibility or will have to bear the cost of scaffolding for any maintenance work required.
d. Customer will take reasonable effort to provide uninterrupted power supply to the Cloud Gateway. While the Cloud gateway has a battery backup in most cases, Customer acknowledges that any usage during extended power outage causing battery to get fully discharged will result in data loss for this period.
e. WaterApp Materials have been designed to work on solar energy. For areas that are in shade or covered (such as basements, parking area) Customer shall provide 230V AC supply for the equipment in close proximity to the same.
f. Refrain from utilizing the Services or data provided for any illegal and/or immoral and/or irresponsible purposes like overexploiting of shared resources like water.
g. Raise concerns or complaints in a timely manner to GPEPL.
h. The Customer shall follow the instructions provided by GPEPL at all times and ensure that WaterApp Materials are not tampered or interfered with.
j. The Customer understands that GPEPL shall be entitled to indefinitely suspend the services or uninstall equipment in the event of delayed payments made by the Client, at the discretion of the GPEPL.
k. WaterApp uses sophisticated algorithms to derive volume and other usage information from water level and flow measurements. While every effort is made to make sensors and analytics as accurate as possible, the Customer understands that there is always some margin of error in the measurements / resulting analytics, and that GPEPL is not responsible for the differences if any between the actual data and the reported data. Furthermore, WaterApp data should only be used as one of the inputs in making better decisions for managing water; it has not been designed for use in systems/equipment related to life/death matters, and GPEPL shall not be held responsible for loss to life/property caused by use of the data from WaterApp.
l. GPEPL is only responsible for equipment installed by their team and will not be liable for any meters or materials provided by third parties.
4. WARRANTY FOR SENSORS & GATEWAYS
a. GPEPL’s warranty covers the sensors, gateways and other “WaterApp Materials” supplied by GPEPL, subject to the terms contained herein.
b. The following shall be excluded from warranty and shall render the Warranty void:
i. Any damage or interference with the WaterApp Materials by persons other than GPEPL’s authorized personnel;
ii. Damage to the WaterApp Materials due to foreign particle, dust, scaling, oil accumulated in sensors, or immersion in liquids not meant for use with WaterApp sensors;
iii. Damage to the WaterApp Materials due to any scaffolding, carpentry, civil work or other activities by third party;
iv. Any kind of accidental damage/ theft/ vandalism;
v. Electrical short circuit, voltage fluctuation, power fluctuation damage caused due to fluctuations in the main power supply or due to lightning;
vi. Damage caused to WaterApp Materials by any kind of pests including rats and rodents;
vii. Meddling with the WaterApp Materials by an external contractor;
viii. Damage or malfunction caused due to acts of God including earthquake, flood, fire etc.;
ix. Sensor reading mal-fluctuations due to fault in the plumbing line or due to alteration of plumbing line by any third party post installation of sensors;
x. All damages and failure arising due to abuse, negligence of the Customer to follow the operating procedures and instructions outlined by GPEPL;
xi. Improper use of system;
xii. Wrong connections made persons other than GPEPL authorized personnel.
c. The Client will bear the cost of replacement of any WaterApp Material occurring out of Warranty as per Clause 4(b).
d. GPEPL shall ensure that the equipment parts replaced will be equivalent in performance of existing parts.
5. DISCLAIMER OF WARRANTIES
a. GPEPL shall take reasonable measures to ensure that the data provided is accurate and up-to-date, but does not provide any warranties that the data is always accurate or up-to-date or that the application will be completely error or bug-free;
b. The Customer understands and acknowledges that there may be errors in the data provided from time to time and GPEPL shall take reasonable action to rectify any such errors;
6. SERVICE TURN AROUND TIME
a. GPEPL shall take all reasonable efforts to resolve issues relating to sensor and/or gateway within 72 (seventy-two) hours of identifying the issue.
b. The Customer shall first ensure that the sensor/Gateway is first tested as per the Self Diagnosis process mentioned in the FAQ. If the issue is found to be due to sensor/Gateway malfunction, the Customer shall raise a ticket in accordance with the support process communicated by GPEPL.
c. The ticket raised by the Customer for sensor failure, multiple communication errors, will be resolved within 72 (Seventy-Two) hours.
d. In case communication error(s) are due to issues on the side of Telecom provider, the resolution time is subject to the timelines provided by the Telecom provider.
d. In case of software defects, GPEPL will make best effort to resolve the software issue at the earliest; but reserves the right to decide the final timeline based on scope and complexity involved in solving the issue.
e. All timelines mentioned herein shall be exclusive of national, state and local holidays.
7. SUPPORT HOURS
a. In the event that the Customer is in need of support from GPEPL then the Customer needs to contact GPEPL via the Contact Us page on our website www.waterapp.in.
b. GPEPL will issue an acknowledgement on receipt of the email/ message and shall create a support ticket.
c. GPEPL will get in touch with the Customer within 72 (seventy-two) hours via email / phone/ whatsapp as instructed by the Customer, and if the Customer is not satisfied with the answers provided by the support team, the Customer can make a follow up request to GPEPL via. our website.
d. Communication without raising a ticket will not be addressed by GPEPL.
e. The Parties agree that any maintenance work shall normally be done during working hours, which are from Monday to Saturday from 09:30 hours to 18:30 hours. However, in the event of an emergency, maintenance may have to be done beyond office hours and even on holidays. These are only for exceptional cases and in such an event, prior arrangement through proper communication should be made by the both the Parties.
8. DATA AND OWNERSHIP
a. The Customer understands and agrees that all the information pertaining to water measurement and readings including but not limited to inflow, usage, outflow, wastage and other data (“Data”) is collected by GPEPL through WaterApp Materials such as the sensors gateways.
b. Data does not include personal data of residents such as name, email address, phone number.
c. GPEPL may use the anonymous Data to improve their services and for their own research and development and may share anonymous Data to third parties.
9. SEVERABILITY; NO WAIVER
If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Terms shall remain in effect. Our non-exercise of any right under or provision of these Terms does not constitute a waiver of that right or provision of the Terms.
10. RELATIONSHIP OF THE PARTIES
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.
a. Non- disclosure and Protection: The Parties agree that at all times during or subsequent to the performance of the Services, the Parties will keep confidential and not disclose or cause to be disclosed, publish, disseminate or otherwise make available or use Confidential Information, except for the receiving Party’s own use and only to the extent necessary to perform the Services.
12. LIMITATION OF LIABILITY
In no event shall GPEPL be liable for indirect, special, incidental, or consequential damages, or any loss of revenue, profits, or data of any kind in connection with use of the Products, even if it has been advised of the possibility of such damages. Notwithstanding any other provision of herein GPEPL’s total liability to Customer shall not exceed the total amount of 1 (one) month subscription collected from the Customer or 10% of the AMC value as applicable.
13. TERM AND TERMINATION
a. Term: The Terms herein shall take effect immediately from the Effective Date of the Purchase Order and continue to remain in full force and effect for a period of 1 (one) year (hereinafter, the “Period”).
b. Renewal: Upon expiry of the Period, the Terms shall automatically be deemed renewed each year for an additional 1 (one) year unless the service is terminated in accordance with the terms contained herein.
c. Suspension & Termination:
i. GPEPL reserves the right to suspend the Customer’s access to the App for late payment or non-payment of Subscription Charges. GPEPL may at it’s sole discretion; provide the Customer with a period of fifteen (15) days (“Cure Period”) to make payment.
ii. The Customer may elect to terminate services at any time. Customer may request to terminate Services by creating a support tickets on the website and provide 1 (one) month’s advance written enlisting reasons for such termination. Any associated Service Data shall be retained for a period of 30 days from the date of termination of Services beyond which it may be deleted during the normal course of operation.
iii. Upon receiving notice of termination, the Customer will be invoiced for all amounts due subsequent to the previous invoice raised by GPEPL. The balance of amounts due and payable by the Customer must be paid within 30 (Thirty) days of the termination notice. This shall include additional charges to be paid by the Customer for sensor and gateway removal that shall only be carried out by GPEPL where applicable.
14. FORCE MAJEURE
a. If a Force Majeure Event occurs, the party that is prevented by that Force Majeure Event from performing any one or more obligations under the Terms herein (the “Nonperforming Party”) will be excused from performing those obligations, on condition that it complies with its obligations under clause 11c here in below.
b. For purposes of the Terms herein, “Force Majeure Event” means, with respect to a party, any event or circumstance, regardless of whether it was foreseeable, that was not caused by that party and that prevents a party from complying with any of its obligations under the Terms (other than an obligation to pay money), on condition that that party that uses reasonable efforts to do so, except that a Force Majeure Event will not include any a strike or other labor unrest that affects only one party, an increase in prices, or a change of law.
c. Upon occurrence of a Force Majeure Event, the Nonperforming Party shall promptly notify the other party of occurrence of that Force Majeure Event, its effect on performance, and how long that party expects it to last. Thereafter the Nonperforming Party shall update that information as reasonably necessary.
d. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the Performing Party and to resume its performance under the Terms.
The Customer shall indemnify, defend and hold GPEPL harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to, attorneys’ fees and costs) for any Product damage or personal injury arising from the Customer’s use of the Product by any cause, except to the extent such is caused by GPEPL’s negligence or willful misconduct. The provisions of this clause shall survive the termination of the Terms herein with respect to any claim or liability accruing before such termination. In no event shall GPEPL be liable for any direct, indirect, special or consequential loss or damage arising out of Customer’s use of the Products.
16. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
The Parties agree to first mediate any disputes or claims between them in good faith and resolve the disputes amicably and share the cost of mediation equally. In the event that mediation fails, any claim arising out of or relating to the Terms shall be settled by Arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. All hearings will be held at Pune, India and shall be conducted in English. The Service Provider shall appoint a sole arbitrator to preside over the Arbitration proceedings.
The Terms shall be governed by and construed in accordance with the laws of India. The adjudication of any dispute will be the exclusive jurisdiction of the courts of Pune, India.