Terms and Conditions

The usage of AX100 products including but not limited to services or mobile/ web-based application(s) by you, i.e., the end-user, implies that you hereby (i) agree and consent to the following terms and conditions, including any future updates, modifications or amendments, from time to time, in respect of this terms and conditions; and (ii) expressly consent to our collection, storage, use, processing, data sharing and disclosure of your information (as defined in the Privacy Policy) in accordance with the terms of the Privacy Policy. Every use and continued access by you of our products and services is deemed to mean that you have agreed to accept and adhere to these terms and conditions as amended and applicable at such time.

These terms and conditions constitute a binding and legal agreement between you and AX100.

We understand that you specifically acknowledge and consent to the terms and conditions mentioned in all sections of this agreement to use prior to your use of any AX100 product and service including the products offered on our website or the website of our business partners, uploading data, browsing or accessing our website or any other platforms offered by AX100 or its various platform(s). You are requested to read and understand all the sections set forth below carefully in order to understand our policies in relation to, including but not limited to, communication, dispute resolution, agreement violations, warranties and disclaimers. To avoid any doubts, it is stated that the terms and conditions in this agreement to use shall apply to AX100 products and services, offered by us directly or through our affiliates and business partners.

The terms and conditions published in this agreement to use an electronic record in terms of the Information Technology laws and regulations applicable in your jurisdiction and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the relevant regulations. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Definitions

The terms and expressions (whether capitalized or not) which have been used/ defined in this section and throughout this Agreement shall have the meaning ascribed to them as below. The terms and expressions (whether capitalized or not) which have been used here below but have not been specifically defined shall have the same meaning as attributed to such terms in the Privacy Policy or the Limited Warranty Statement. These Terms and Conditions, the Limited Warranty Conditions and the Privacy Policy are to be interpreted harmoniously at all events.

“Agreement” or “agreement” shall refer to this agreement to use providing and detailing the terms and conditions of use of AX100 products and services,

1. “AX100”, “Company” and/or “Astrix” shall refer to and include Astrix Engineering Private Limited, its, affiliates, its owners, chairpersons, directors, employees, officers, partners, subsidiaries, shareholders, contractors, sub-contractors, dealers, distributors, retailers, agents, and assigns,
2. “You” or “your” or “customer” or “user” or “end-user” shall refer to the individual(s), entity(ies) or group(s) who directly or indirectly purchase, acquire, use and access any AX100 products and/ or services,
3. “AX100” , “ASTRIX”, “Our”, ‘we’’ or “us” shall refer to and include Astrix Engineering Private Limited, its shareholders and associated partners and subsidiaries,
4. “Limited Warranty Statement” shall refer to AX100’s limited warranty terms and conditions, as provided and updated in the document section of a specific product.
5. “Product” or “product” shall refer to any and all AX100 product(s) mentioned in our portfolio, online or offline.

• “Privacy Policy” shall refer to AX100’s privacy policy as provided and updated from time to time at   _________ (Privacy policy link)
• “Services” or “services” shall refer to any free or paid subscription-based services offered by us online or offline, functionalities through mobile or web-based applications and associated products and customer service.
• “Third Party Service” means applications and/ or services (currently available or as may be available in the future) provided by any third party, including without limitation, the voice services, that may be used or availed by you through or during usage of the Products and Services.

Acknowledgement

By using, accessing, downloading or registering with our products, services, platform or mobile or web-based application for any general or specific purpose, you agree to abide by the general terms and conditions set forth by this Agreement. These terms and conditions shall also include any additional or modified terms and conditions in relation to the AX100 product and services or any future product or service that might be offered by AX100 or its platform. If, at any point in time, you do not wish to be bound by AX100’s terms and conditions, then you may not use and access our products and services and your access and service in respect thereof will be immediately terminated. Your agreed usage of our products and services makes you obligated to follow and adhere to the terms and conditions mentioned in this Agreement. Accepting or consenting to the terms and conditions will comprise a legitimate contract by and between you, of minimum age to enter into a legal contract as specified by local laws) as an individual client of the relevant AX100 products and services or any other eligible client or recipient of the AX100 products and services and ASTRIX, the date and time of which shall be recorded by us. All administration is rendered by ASTRIX through the AX100 platform under the brand name “AX100” (or any subordinates or varieties thereof). Therefore, every one of the rights, advantages, liabilities and commitments under this agreement will, by and large, gather to the advantage of, or acquired by, AX100, with respect to your utilization of AX100’s products and services offered by AX100 or its platform. So long as you adhere to this Agreement, AX100 provides you with a personal and non-transferrable privilege to use and avail our products and services.

Permitted Use and End User Representations

Our Products and Services are not meant to be explored by anyone who is not deemed an adult as per local laws and regulations. Your use of products and services states that you are legally an adult or using such products and services under the supervision of your parents or guardian, who agrees to be bound by the terms and conditions of this Agreement. You represent and warrant that you have the full authority to enter into this agreement with AX100 and that in doing so you are not violating any terms and conditions you are already party to (if any). You further agree to use the product in complete compliance with all the applicable laws of India. By agreeing to this Agreement or by generally utilizing the AX100 Services on the AX100 platform, you declare that you are legally an adult and have not recently been suspended or prohibited by AX100 from using and accessing its products and services or utilizing the AX100 Platform. If you are accepting these terms and conditions on behalf of a company, limited liability partnership or other legal entity, you represent and warrant that you have the authority to bind such entity to these terms and conditions and, in such event, “you” and “your” as used in this Agreement shall refer to such entity. Further, you acknowledge and warrant that you will comply with all applicable laws and regulations and you have the right, authority, expertise and ability to enter into this Agreement and to comply with all the terms and conditions of this Agreement.

For accessing all the features of our products and services, every user has to register on our platform with a unique user name and account password. For better experience, you are requested to read the instructions available in the product/ service user manual as provided either online or offline.

1. By registering and creating your user account (as defined herein below) for use and access of our products and services, subscription to user content and associated services, accessing our platforms etc., you agree as follows:
2. provide accurate, current and complete information as may be prompted (i.e., registration and user account details) and maintain and undertake to update the same in respect of any changes;

3. maintain the security of your and any sub-user passwords;
4. accept all risks of unauthorized access attributable to you in relation to the registration and user account details and any other information you provide to us;
5. notify us immediately of any breach of security or any unauthorized use/ access of your user account or any sub-user account (if any);
6. not authorize, assign or otherwise transfer your user account to any other person or entity, without our express prior written consent or unless permitted under this agreement;
7. access or operate our products and services through your user account created and in no event use another person/ entity’s user’s account for any purpose or objective; and
8. Be responsible for all activity on your user account and any activity of authorized sub-users in relation thereof and to use and operate the same in accordance with applicable laws.

Your use of the products and services is further subject to the following restrictions (without limitation) and, accordingly, you represent and warrant as follows in order to refrain from:

1. Reproducing, reverse engineering, transferring, selling, reselling, or otherwise misusing the products and services, any content, features, skills, software, third party services from the platform in any manner other than as permitted under this agreement.
2. Accessing, using or tampering with the non-public areas of any of our software, platforms, networks or our systems.
3. Reverse engineer or try to reverse engineer any of the proprietary/ intellectual property aspects of, including but not limited to the products and services, software, our platforms, networks, systems, etc., wholly or in part.
4. Breach or circumvent or attempt to break or circumvent our authentication and security processes and measures of our systems or networks.

Pricing and Payment

Pricing for our products and services is quoted in Indian Rupees (INR) and any kind of payments or transaction with our platform can only be accepted in Indian Rupees. Prices mentioned on the website or any other online or offline source might be subject to Goods Service Tax (GST) or any other tax in compliance with applicable laws.

Our acceptance of an order does not make us liable to provide you with the product. Dispatch of your product is subjected to certain parameters like availability of the product with us, accessibility of your location to us to deliver the product or any other necessary condition. Our acceptance of the order will only be specified by the dispatch of the product requested by you from our end,

In some cases, part of your order might not be immediately available to us. In those case we reserve the right to update you on the availability to seek a new delivery date or cancel the pending order altogether,

We will notify you via suitable means such as email alert or SMS alert once the product is dispatched for delivery and that shall be deemed as acceptance of your order from AX100,

AX100 should use its best efforts to specify and display accurate data and product images on the website. However, current products might vary in some respects from the one displayed on the website,

In case of any failed transaction via a card transaction or through a third-party payment gateway, where the amount is deducted from your account but not credited to AX100’s account, AX100 shall not be held responsible for any refund obligations by the user. Any refund, payment charges, card charges or any other involved expenses shall be taken care by your respective bank or the third-party payment gateway (including but not limited to Razor Pay or any other opted platform) you are using.

Please note that in respect of the use of any third-party payment processors as specified above, whether now or in the future, for any payments made on or through our platforms, the web-based or mobile application and/or any products and services, the processing of payments will be subject to the terms, conditions and privacy policies of such payment processors in addition to this Agreement. You acknowledge that neither we nor any of our directors, shareholders or other representatives shall be liable to you under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages that result from or arise out of your use of the aforementioned payment processors, your payment through the aforementioned payment processors or your ability or inability to complete the payment

Cancellation of order and Refund

In case of any failed transaction via a card transaction or through a third-party payment gateway, where the amount is deducted from your account but not credited to AX100’s account, AX100 shall not be held responsible for any refund obligations by the user. Any refund, payment charges, card charges or any other expenses involved shall be taken care of by your respective bank or the third-party payment gateway you are using. You can, however, contact AX100 Customer Care, a specialist, in case you need any further support.

For cancellation of order, please get in touch with AX100Customer Care.

Third Party Services

The Third Party Services shall be available subject to the terms and conditions specified by the relevant third party and you are required to read, agree and comply with all such terms and conditions while availing any Third Party Services. AX100 does not make any representations or warranties relating to any Third Party Services, including its continued availability, performance, level of performance etc. Certain Third Party Services may, including but not limited to (i) may be available subject to certain prerequisites or conditions; (ii) may not be available in some areas and (iii) may be available subject to a separate subscription and payment of fees. AX100 shall not be liable for any Third Party Services, including any failure or deficiency therein.

You confirm that any Third Party Services availed by you will be at your cost, approval (whether express or implicit) and discretion and AX100 does not make any representation as to its content(s), availability, suitability, tenure, continuality, appropriateness or quality of any Third Party Services.

Installation and Use

You agree and acknowledge that our Product is a Do-It-Yourself product and you are solely liable for the decisions you take as an individual. This includes, but not limited to, following the installation guidelines and user manual instructions for proper installation, selection of the installation location for the Product, availability of proper internet services for the Product, testing the Product and ensuring that it is working as per its use and specifications and notifying AX100 of any discrepancies within 1 (one) week of purchase, and compliance with all laws, rules, regulation, and/or ordinances. While using the Product you agree and acknowledge that:

1. The Product does not alert, signal or trigger any kind of response via panic buttons, sirens, smoke detectors, motion sensors or doorbells
2. You are solely responsible for responding to any email alert, SMS, push notification or any other alert, including communication with AX100 or any other appropriate authority associated with the Product.

You acknowledge that AX100 is not responsible for any discrepancies or improper functioning arising due to improper installation of the Product or incapability of the user to use the Product correctly or in compliance with the laws, rules, regulations and/or ordinances. You as a user hereby, without limiting other sections in this Agreement, release AX100 from any damages, loss of data and information, improper functioning or expenses incurred resulting from or as a consequence of discrepancies related to the installation or use of the Products and Services.

Communications Policy

Acceptance of this Agreement states that you agree to the below terms and conditions:

1. AX100 may send alerts via email, text message, or by push notification to the email and/or number shared by you while opting for our Products and Services. These alerts will require your phone to have an active network service from a service provider and your phone settings should allow receipt of a text alert. While receiving an email alert, you should ensure that the e-mail servers and e-mail id should be functional. For receiving alerts via push notification for the mobile application, the user should ensure supporting phone settings. If your phone or e-mail server is not aligned so as to receive the alerts from AX100, then you might receive a delayed message or might not receive any message at all,
2. We will try our best to notify you via text message, email or push notification on important data and information related to AX100 products. It shall be deemed that you have received the information shared via the alert through the email id and/or phone number shared with us while using our Platform or availing our Products and Services. We will not be responsible if, due to any circumstances, you are not able to receive the alerts from the AX100 team. This might include non-availability of an active network or internet services on your device, receipt of the alert by any other person associated with you, or any other reasonable condition,
3. Please understand that sharing of information via alerts might be subjected to error, omission or inaccurate information based on certain factors, such as error in information compilation, typo-error or any other uncontrollable factor. This is an additional facility provided by AX100 for your convenience and it is your responsibility, in case you observe any error or discrepancy in the information shared, to immediately notify AX100 and we shall make the best efforts to rectify the issue at hand. AX100 shall not be responsible for any loss, damage, claim, expense and/or legal cost arising out of your usage of the alert facility by us,
4. In any case of misuse or unlawful use of the products and services at your end, misuse of the alert notifications, supply of fraudulent information from your end, sharing of incorrect number or sharing any third-party number other than yours, states that you indemnify and not hold AX100 or the email or text alert service-providers responsible for any kind of losses incurred. AX100 and its officials will be held harmless and non-liable for any damages, losses, claims, compensations, and expenses whatsoever, including any sort of expenses incurred related to legal proceedings.

Other Customer Responsibilities and Duties

By agreeing to this Agreement, the user agrees to the below terms and conditions:

1. The user is responsible for compliance with the laws, rules, regulations and/or ordinances relevant to the use of the Product, including but not limited to privacy rights, data sharing policy, videos and audio recordings, surveillance or any other activity associated with the use of the Product.
2. You are responsible for accessing the Product website and mobile application from a trusted source and keeping your login details, password and other personal information safe from being misused by any other individual(s) or third-party,
3. You agree to fully indemnify, defend and hold AX100 harmless and waive any claims against it or its related associates in case you fail to comply with the above stated conditions.

Orders

Any order placed by you on the Company for goods and services using this Website is subject to acceptance by the Company in accordance with the Terms and Conditions. Acknowledgement of receipt of an order placed by you on the Company for goods and services using this Website does not constitute acceptance by the Company. The Company reserves the right to accept or reject an order placed by you on the Company for goods and services using this Website including the unavailability of ordered goods or services, an error in the price, an error in the description of the goods or services or an error in your order. The Company will advise you if it is not able to accept any order placed by you on the Company once the Company has considered any such order. You may not cancel or defer an order placed by you using this Website without the prior written consent of the Company, and you should therefore very carefully review any order for goods and services proposed to be placed by you using this Website before it is placed.

We reserve the right not to accept your order in the event that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, that there exists an error in the Site with regard to the particulars of or information on the product including but not limited to pricing and product description, or that you do not meet the eligibility criteria set out within the Terms of Use.

The Products will be at your risk from the time of delivery in the address indicated by You. Ownership of the products will only pass to You when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, should this be later.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Product Dispatch and Delivery

Upon receiving any offer from a customer, we reserve the right to accept or reject the order. Acceptance of any order will only be considered from our end once the product is dispatched. AX100 shall deliver the product to the delivery designated by the customer as the “Billing Address” or “Place of Delivery” while sharing his/ her personal information. In case the order is shipped in parts then a different delivery policy and schedule will be applicable to the part orders processed separately. The delivery of any multiple parts of a single order shall be free of any terms and conditions stated on any individual part delivery or a previously delivered or a non-delivered part. AX100 shall try its best to deliver the products within the stated or proposed date of delivery, but any such time commitments shall not be considered part of this Agreement. AX100 shall not be responsible in any delay or failure in the delivery of the said products or services, whatsoever the reason may be. In consideration of the continuous on-going product update or any revision in specifications in order to improve the product performance and provide our users with a better experience, AX100 shall modify or discontinue any existing product in its portfolio. We will try to ensure that the revised products have the specifications and features of the product ordered by the customer. However, it is possible in some cases that our policy might result in slight differences between the specification and features delivered to the customer as compared to the specifications and features ordered by the customer. Some of the products might altogether be discontinued from being manufactured and the AX100 group can no longer provide the customer with the requested configuration, in such cases AX100 group will not be held responsible for fulfilling any such customer order or request. In any other discrepancies arising out of reasons like pricing error, unsuccessful attempt at purchase or the product being unavailable with AX100, AX100 cannot be held liable in any form whatsoever. AX100 will try to contact the customer via suitable means and update them on the suitable alternatives to the products ordered by them.

Returns and Exchange

We will exchange item(s) which were purchased on online store, subject to the following conditions;

1. Only item(s) purchased from Astrix Engineering Online Store can be exchanged.
2. Exchange request must be submitted within 7 working days upon receipt of item(s) before installation.
3. We only accept one time exchange for items that have not been installed and must be in its original packaging with all tags attached and gift with purchase (if any) included
4. All exchanges are depending on the stock availability after an exchange request is submitted.
5. Kindly note that all returned products will be inspected for their conditions and quality upon receipt. Astrix Engineering reserves the right to reject exchange or return requests if the item(s) are not in compliance with the requirements in the preceding paragraph.

Once the returns policy has been met, we will offer exchange within 30 days.

Cancel Order

For cancellation order, please contact us within 7 working days before your shipping day or installation day.

We will do our best to accommodate your cancellation request, as long as order has not been processed yet.

Once your order is processed and shipped, we can no longer make any changes.

Shipping Services and Fee

After your order has been accepted, we will confirm with you about the delivery or installation time and date regarding delivery of the product(s). If payment was delayed due to bank approval process, delivery date will be adjusted accordingly. All expected delivery dates and time are estimates only. We shall not be liable for any loss or damage incurred or suffered by the customer as a result of any late delivery.

You shall be given no less than 7 days’ notice from 9:00am to 6pm (Sunday and public holiday excluded) to our Customer Service Department hotline in respect of any request for change in delivery time, date and/or place, delivery of additional purchase.

Force Majeure clause is applicable.

Log-in User Name and Password

You will only be able to place orders or use some of the services on the Company using this Website if you have created or been issued a log-in user name and password by the Company. You agree that you are responsible for the safekeeping, confidentiality and security of your log-in user name and password.

You also acknowledge and agree that the Company is not required to enquire as to the authenticity of orders for goods and services placed using the log-in user name and password issued to you by the Company, and that you are liable for all (authorised and unauthorised) orders placed using the log-in user name and password issued to you by the Company. You agree to release and indemnify the Company in connection with any use (whether authorised or unauthorised) of your log-in user name and password.

The Company may restrict your use of this Website by denying access to log-on to this Website or by written notice to you.

Termination in case of Violation

If in any scenario or circumstance, you breach any of the terms and conditions stated by this Agreement or any other Policy/ Statement associated with the use and access of our Products and Services, you concur that AX100, in its sole discretion, for a specific or no reason, and without any kind of penalty, might suspend or terminate your account or part of your account with AX100 permanently, or until further notice, at any time. AX100 reserves the right to also not grant you access to any of our Product and Services fully or partly thereof, with or without any prior notice. You agree that in scenarios of the termination or suspension of your account or a part of it thereof, your user profile or your recipient profile based on the breach of this agreement or on account of any inappropriate and unlawful activity, AX100 shall not be held liable for the termination of your subscription or services. We also hold no responsibility for retrieving your stored and encrypted data with us. We reserve the right to permanently delete your data stored on cloud if we find it obsolete. Any suspected illegal, fraudulent, abusive or offensive activity shall be accounted as inappropriate and unlawful. These terms and conditions and associated remedies are in addition to any other solutions and remedies AX100 has defined in law or in equity. Upon termination of your account, you shall immediately stop using our Products and Services. AX100 will not be held accountable to compensate for any loss, damage or non-availability of your data including any legal expenses incurred by you in this respect.

Intellectual Property

The content of this Website, including text, graphics, images, videos, software, names, brands, logos and trademarks, is copyright and is either owned or licensed by the Company. Other than for the purposes of, and subject to the conditions prescribed under the, local intellectual law and except as expressly prescribed in these Terms of Use, you may not in any form or by any means:

Copy, adapt, reproduce, transcribe, store, sell, translate, modify, frame, transmit, download, upload, post, distribute, print, display, broadcast, perform, publish or create derivative works from any part of this Website;

Use, copy or imitate the names, brands, logos or trademarks of the Company; or

Commercialise any information, products or services obtained from any part of this Website,

Without the prior written consent of the Company.

You are not permitted to use the copyright, trademarks, designs, patents or other intellectual property rights of the Company without the prior written consent of the Company.

Limitation of Liability, Waiver and Liquidated Damages

By using this Website you also acknowledge and agree you have read and understood the Terms and Conditions of the Company on which goods and services are supplied by the Company as they appear on this Website and that those Terms and Conditions will (subject to these Terms of Use) apply exclusively to the supply of all goods and/or services made by the Company to you pursuant to orders placed by you on the Company using this Website.

AX100 provides you with Product and Services you choose. You acknowledge and warrant that we are not insurers and nor is the Agreement should be considered as an insurance policy or a substitute of an insurance policy for the product. You understand and agree that AX100 and our products does not provide a guaranteed protection against robbery, theft, burglary, fire, smoke, natural calamity, property damage, physical injury or any other type of damage or emergency. You are solely responsible for determining your personal or property insurance needs and select a necessary insurance plan. You are solely responsible for your personal safety and/or safety of your premises and for the loss or damage incurred by you or your property. AX100 will not be held responsible to provide you with kind of compensation in case of any incident in your premises (where product is installed) including any damages, losses, claims, compensations, and expenses whatsoever incurred due to property damage, personal injury, robbery or any sort of expenses incurred related to legal proceedings. You will be solely responsible or look exclusively at your insurer to compensate you for any kind of losses or damages incurred by you because of property damage, bodily injury, theft or invasion of privacy via the product allegedly used by you, including claims made by and against you. You hereby free AX100 from any and all losses or damages which may occur as a result of your use of our Products and Services. Your use, misuse, or attempted use of the product including, but not limited to, the alleged failure of the product to perform, the alleged failure of certain features not performing, your alleged failure to respect the privacy rights of others or your alleged failure to comply with the rules, regulation, laws or ordinances applicable to the product, shall be solely your responsible and AX100 will not be, in any situation whatsoever, held responsible for your actions.

You understand and agree that in case of returns or replacements, or any alleged product failure, or any act of omission of AX100, the maximum aggregate liability of damages is only limited to the actual amount you paid for the product. In no circumstances AX100 will be liable to for any losses, damages, lost savings or incidental, direct, indirect, special or situational damages, arising out of your improper use, installation or intended or accidental breach of this Agreement, even if AX100 is advised/ informed of the possibility of such losses or damages. The limitation of liability to the price paid by you for the AX100 product states AX100’s exclusive liability to you and applies to situation where AX100 is alleged to be liable for any losses, damages, physical injury, theft, robbery, invasion of privacy, property damage, or any other damage including, but not limited to, any general, direct, indirect, situational, consequential, or statutory damage caused by any alleged failure of the product.

You have the opportunity to contact AX100 and modify the limitation to liability clause to account AX100 for any extended liability you assume we should be undertaking. By not limiting any sections of this clause, you hereby release AX100 and its business associates from any loss or damages incurred by you by owing a AX100 product. You take full responsibility for any loss, damage or expense incurred by you by alleged use or misuse or improper installation of AX100 Products and Services including any additional sensor installed with the product. This paragraph shall survive termination of this Agreement.

Overall Liability

AX100 shall provide support services for its outdated or out of warranty products. We shall try our best to provide you with the support services including any spare or additional service required for better functioning of the product. If in any scenario AX100 is not able to provide you with the requested service resulting from various reasons like non-availability of the spare part or altogether discontinuity of the requested spare part, then AX100 shall not be deemed responsible for any loss, damage or the interruption of service of your product. AX100, at its sole discretion, may offer to provide you with a replacement, a refurbished or an upgraded product. AX100 shall not be responsible in contract or in tort for any loss, damage or expenses suffered by the customer and your rights are limited to those as stated in terms and conditions of this Agreement and under applicable laws of India. In any scenarios, AX100’s liability shall not exceed the actual amount invoiced for the product or service purchased by you and any additional cost for the spares parts or an upgraded product will be bore by you. AX100 shall not be liable for any damages including, but not limited to, any damage to property, any incidental, direct or sequential damages, and loss of revenue, loss of opportunity, loss of goodwill or any loss arising out of use or performance of AX100’s product or service. Any sales literature, product literature, website content or any other product related information is subjected to typographical, clerical, omission or other errors to the extent provided by law. All the product literature, sales guide, pricelist, quotation, offer of acceptance or any other product related information is subjected to correction without any liability on the part of AX100. The stated terms and conditions, under any applicable law, cannot be excluded. AX100’s liability to the breach of such conditions shall be limited, at AX100’s option, to the replacement, service, and supply of an equivalent product or repair of the existing product, as deemed suitable by AX100. This paragraph shall survive termination of this Agreement.

Indemnification

In a situation of an action or claim being filed or made against AX100 by you or any third-party which is based on or arises due to the product or service including, but not limited to, claims, actions and lawsuits alleging the product failed to perform in any respect whatsoever, or any other loss or damage arising out of use or misuse of our product or service, you agree to be solely responsible and agree to indemnify, defend, save, support and hold AX100 harmless from and against all such claims including payment of all our losses, damages, or any legal cost incurred by AX100 in response to the claim or lawsuit. These obligations hold true in all circumstances, irrespective of whether such claim or lawsuit is based on active or passive use, misuse, negligence, breach of terms and conditions stated in this Agreement or our product policies, warranty, indemnification, product liability, compliance failure with the applicable laws or any other fault or failure of AX100, others or the product. You agree to save and defend AX100 from all the claims or lawsuits for subrogation which may be brought against us by any insurance company or insurer or its agents or assigns. This includes all our losses, damages, or any legal costs incurred by us in response to such claims and lawsuits. You hereby waive all recovery claims against AX100 for any loss or damage or expense incurred to any person or property or any loss insured under any valid or collectible insurance policy. This waiver of subrogation will extend to all cases of subrogation including, but not limited to, equitable and convectional subrogation and shall be legally binding to any and all the assigns or subrogates of your rights. Under no circumstances you shall enter into any agreement or settlement with any other individual or third party that hampers, effects or binds AX100’s rights in any way, without any prior written consent from AX100. This paragraph shall survive termination of this Agreement.

Modification of the Agreement

AX100 reserves the right to change, modify, edit or delete certain or all clauses of this Agreement at any time owing to our continuous efforts to improve the product or introduction of new products and services. We shall, by suitable means including, but not limited to, posting on the website, email communication or SMS communication, notify you about the new Agreement or any specific changes in the terms and conditions of the current Agreement.

Force Majeure

AX100 will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Survival

Upon termination of this agreement, any clause or provision, by its nature, express terms or otherwise stated, will survive any such termination or expiration.

Entire Agreement

This Agreement is the entire agreement to be considered between you and AX100 before using any of our Products, Services or platforms and cannot be modified except any future modification the Agreement is subjected to by AX100.