Acceptable Use Policy

1.  ACCEPTANCE OF TERMS

This Acceptable Use Policy for the use of sirrus.ai together with the Master Services Agreement, if any signed by the Customer, Privacy Policy, Cookie Policy (“Agreement”or “Terms”) constitutes a binding and enforceable legal contract between First Livingspaces Private Limited(formerly known as ‘TCG Livingspaces PrivateLimited’) (“Company”), having its registered office at Bengal Intelligent Park, Building.-Delta, 2nd Floor, Block EP&GP, Sector V, Salt Lake Electronics Complex, Kolkata 700091, West Bengal, India(“Company”)and you, a Permitted User of Sirrus.ai (“you”, “your” or “user”).

The term “Services” shall have the meaning ascribed to it under the Master Services Agreement (“MSA”) or any other related document agreed between the Company and the Customer.Sirrus.ai is managed and provided by the Company, to the Customer in form of module(s)/features which collectively forms part of a platform (“Platform”).

Permitted Users use the Services as a part of any paid subscription plan purchased by the Customer, who has separately entered into a written agreement with the Company governing the access and use of Services and permitting such Customer to create and configure Services so that Permitted Users can access the Services. As a Permitted User, you gain access to the Services only through a Customer of the Company. The written agreement with the Customer governs our relationship and commitment to deliver the Service to that Customer.

By clicking "I Agree," "I Consent," or by using or accessing the Services in any manner, you acknowledge and agree to be bound by these Terms, as well as any applicable policies or additional Terms. If you do not agree to these Terms, you should not use or access the Services. Your continued use of the Services constitutes your acceptance of these Terms.You acknowledge that you have read, understood, and represent and warrant that you have full legal capacity and authority to agree to be bound by these Terms, as amended from time to time and that you will comply with the obligations listed here. You further agree to be bound by all instructions, directions and requirements in relation to the Services that the Customer shall require you to follow pursuant to the written agreement entered between the Customer and the Company.

2.  ACCOUNT CREATION

  1. As a Permitted User, you gain access to the Services through a Customer of the Company. To use the Services, you will be required to create an account, access of which will be assigned and controlled by the Customer.

  2. While registering, if you provide false, inaccurate, outdated or incomplete information, or if there are reasonable grounds to suspect the accuracy or completeness of the information provided, we reserve the right to suspend or terminate your account and deny current or future use of the Services (or any features/parts thereof) at our discretion.

  3. To create an account, you must be at least 18 years of age. The Permitted User agrees and undertakes that each mobile number shall be associated with only one account, ensuring that each account is linked to a unique number.

  4. When you or another Permitted User submit content or information while using the Services (“Customer Data”), you acknowledge and agree that, as between the Company and Customer, Customer Data is owned and controlled by the Customer.

  5. Unless otherwise specified under these Terms, as between the Company and the Customer, You acknowledge and agree that it is solely Customer’s responsibility to (a) notify you and any other Permitted Users about any pertinent customer policies, practices, and configurations that might influence the handling of Customer Data; (b) secure any necessary rights, permissions, or consents from you, any other Permitted Users, and any other persons to ensure the lawful utilization of Customer Data and the functioning of the Service ; (c) ensure that the transfer and processing of Customer Data under these Terms is lawful; and (d) respond to and resolve any dispute with you, any other Permitted Users or any other persons relating to Customer Data, or Customer’s failure to fulfil these obligations. In your capacity as a Permitted User, the Company makes no representations or warranties of any kind (whether express or implied) to you relating to the Service, which is provided to you on an “as is” and “as available” basis.

  6. You are solely responsible for maintaining the security and confidentiality of your own account and agree to immediately notify us of any disclosure or unauthorised use of your account or any other breach of security with respect to your account. You shall also ensure secrecy and confidentiality in relation to any information shared by the Company in relation to its Services including in relation to pricing or any other facts relating thereto.

  7. You are liable and accountable for all activities that take place through your account, including activities performed by persons other than you. We shall not be held liable for any unauthorised access to your account.

3.  CONSENT TO USE DATA

  1. You agree that we may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy explains the categories of personal data that we collect or otherwise process about you and the manner in which we process such data.

  2. In addition to any consent that you may provide pursuant to the Privacy Policy, you hereby consent to us sharing your information with our affiliates or other third-party service providers. We may use information and data pertaining to your use of Services for provision of the services, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of our Services, and provision of beneficial schemes, new offers, for experience enhancement and any other specific purposes in accordance with the Terms of the Privacy Policy.

  3. Subject to applicable laws, we may be directed by law enforcement agencies or the Government and related bodies to disclose data in relation to you in connection with criminal or civil proceedings. You understand and agree that in such instances we shall have the right to share such data with relevant agencies or bodies.

  4. While providing Services, we reserve the right to migrate data as necessary. It is hereby acknowledged and agreed that such migration may occur without the need for explicit consent, or as necessary, in accordance with these Terms and applicable laws.

4.  THIRD PARTY SERVICES

  1. The Company may include services, content, documents, and information owned by, licensed to, or otherwise made available by, a third party (“Third-Party Services”) and contain links to Third-Party Services. You understand and acknowledge that Third-Party Services are the sole responsibility of the third party that created or provided it and that use of such Third-Party Services is solely at your own risk and the Company shall not be liable or responsible for any such Third-Party Services. Nothing contained herein shall constitute or be deemed to constitute an agency or partnership or association of persons for and on behalf of the Company or any Third-Party Service provider. The arrangement specified in this clause is strictly executed on principal-to-principal basis and each concerned person shall be bound for their distinct responsibilities, rights, liabilities and obligations in accordance with the relevant bilateral agreement between such persons.

    The Company shall have the unequivocal consent of the Permitted User to share Permitted User information, in whole or part with the Third-Party Service provider, without any intimation to the Permitted User.

  2. We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third-Party Services, including their accuracy or completeness. Should you avail a Third-Party Service, you shall be governed and bound by the terms and conditions and privacy policy of the third parties providing such services. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.

5.  YOUR RESPONSIBILITIES

  1. You represent and warrant that all information that you provide in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the services and/or use our Services. Should any information that you provide change during the existence of these Terms, you agree to immediately bringing such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data, provided to avail the services is incorrect, incomplete, inaccurate, or misleading or if you fail to disclose any material fact.

  2. You shall extend all cooperation to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.

  3. You shall not use our Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not:

    1. display, upload, modify, publish, transmit, store, update or share any information which belongs to another person and to which you do not have any right.

    2. upload, post or otherwise make available any content while using the Services which would infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any party.

    3. copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, modify or create any derivative works from the Services.

    4. deceive or mislead the addressee about the origin of the message or knowingly and intentionally communicate any misinformation or information which is patently false and untrue or misleading in nature.

    5. You must not impersonate any person.

    6. use the Services to transmit any data, or send or upload any material that contains viruses, trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes, or similar computer code, designed to adversely affect the operation of any computer software or hardware.

    7. display, upload, modify, publish, transmit, store, update or share any information that is in the nature of an online game that is not verified as a permissible online game.

    8. use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof.

    9. engage in the systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory.

    10. use the Services in any unlawful manner, for fraudulent or malicious activities or in any manner inconsistent with these Terms.

    11. Decompile, decipher, reverse engineer, or disassemble the services or otherwise decrypt the Services or the facilities provided therein.

    12. Use any content that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order, cause incitement to the commission of any cognisable offence, prevents investigation of any offence, or is insulting another nation.

    13. upload, post or otherwise make available any content while using the Services which would be defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy including bodily privacy, insulting, harassing or discriminatory based on gender, ethnically objectionable, disparaging, relating to, or encouraging money laundering or gambling, libellous, hateful, racist, violent, obscene, pornographic, unlawful, harmful to children or otherwise offensive to any other person, relating or encouraging money laundering or gambling, or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;

    14. Link to, mirror, or frame, any portion of all or any of the Services provided therein.

    15. display, upload, modify, publish, transmit, store, update or share any information that is harmful to child.

    16. display, upload, modify, publish, transmit, store, update or share any information is advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game.

    17. display, upload, modify, publish, transmit, store, update or share any information that is advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game.

  4. Violate applicable laws in any manner. You warrant that you shall not engage in any activity that interferes with or disrupts the Services provided by the Company.

  5. You are prohibited from attempting to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services, or to any of our servers, whether through hacking, password mining, or any other illegitimate means.

  6. You will use the sirrus.ai Service for your internal business purposes and will not:

    7. (i) willfully tamper with the security of the Sirrus.ai Service or tamper with our customer accounts; (ii) access data on the Sirrus.ai Service not intended for you; (iii) log into a server or account on the Sirrus.ai Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any Sirrus.ai Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the Sirrus.ai Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the Sirrus.ai Service or make the Sirrus.ai Service available to a third party other than as contemplated in your subscription to the Sirrus.ai Service; (vii) use the Sirrus.ai Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (viii) provide to third parties any evaluation version of the Sirrus.ai Service without our prior written consent.

6.  INTELLECTUAL PROPERTY

  1. All rights, titles, and interest in Sirrus.ai, including all intellectual property rights arising out of the Services provided, are owned by us. Sirrus.ai is proprietary software developed and made available exclusively. All content on Sirrus.ai, which is including, but not limited to, names, logos, trademarks, images, text, columns, graphics, graphs, illustrations, artwork, software, designs, information, button icons, and any other content are the exclusive and sole property of the Company. All icons and logos are trademarks of and proprietary to the Company. The unauthorised copying, modification, use or publication of these marks is strictly prohibited. Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right on, or licence to, our or any third party’s intellectual property rights.

  2. You only have a limited right to use the Services in accordance with these Terms and any other instructions received from the Company or the Customer in relation to use of the Services.

  3. We may request you to submit suggestions and other feedback, including bug reports relating to Sirrus.ai from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the feedback we receive from you without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.

  4. Systematic retrieval of the Company’s content to create or compile, directly or indirectly, a collection, compilation, database, or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from the Company is prohibited. In addition, use of the content for any purpose not expressly permitted by the Company in these Terms is also prohibited and may invite legal action.

  5. Except as expressly permitted in these Terms, Permitted User shall not: (a) copy, store, reproduce, transmit, distribute, display, rent, lease, license, transfer, sell, modify, alter or commercially exploit intellectual property belonging to the Company, or any part thereof; (ii) reverse engineer, decompile, disassemble, translate or create any derivative work of the Company’s intellectual property, or any part thereof;

7.  ARTIFICIAL INTELLIGENCE 

  1. implement appropriate human oversight and safeguards to mitigate potential risks associated with your use of Artificial Intelligence.

  2. remain responsible for all decisions made, advice given, actions taken, and failures to take action based on your use of Artificial Intelligence.

  3. provide information about your intended use of Artificial Intelligence and compliance with the Terms upon request.

  4. ensure compliance with any advisory, direction, regulation, rule, law or direction issued by the government from time to time in relation to Artificial Intelligence; and

  5. evaluate Artificial Intelligence outputs for accuracy and appropriateness in light of the probabilistic nature of Artificial Intelligence and potential for producing inaccurate content.

8.  DISCLAIMERS AND WARRANTIES

  1. The Services are provided on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including without limitation to the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that the services provided by the Company will meet your requirements or expectations.

  2. No advice or information, whether oral or written, obtained by you from us shall create any warranty that is not expressly stated in the Terms.

  3. The Company does not warrant the services or results obtained from the use or that the services will meet the user’s expectations or requirements or that Services will be uninterrupted or free from any technical error.

  4. The Company shall not be held liable for any damage or injury caused due to performance, failure of performance, error, omission, interruption, deletion,defect, delay in operation or transmission, computer virus, link failure, site crash, malfunctioning or software/ hardware, unavailability of network, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting in whole or in part from negligence or otherwise.

  5. The Company is not responsible, and shall not be held liable, for: (a) any consequences resulting out of the misuse of any kind by the Permitted User, in a manner that causes any harm or injury to a third-party; and (b) any loss that the Permitted User may incur as a result of a third party using the Permitted User’s profile, either with or without their knowledge.

9.  JURISDICTION, GOVERNING LAWS AND DISPUTE RESOLUTION

  1. These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this clause, courts in Mumbai shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.

  2. Any controversies, conflicts, disputes, or differences, arising out of these Terms shall be resolved by arbitration in Mumbai in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 (One) arbitrator appointed mutually by the parties. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential, and not disclose to any person, other than on a need-to-know basis, or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties thereto. Each party to the arbitration shall bear its own costs with respect to any dispute.

10. GRIEVANCE REDRESSAL 

  1. You may contact our designated Grievance Redressal Officer with any complaints or queries relating to the services or these Terms through email, details of which are provided below:

Name: Mr. Punit Pande

Designation: Head of Operations

Email Address:grievanceofficer.fls@tcgre.com

  1. We shall ensure that your complaint is resolved within timelines prescribed under applicable laws.

11. MISCELLANEOUS PROVISIONS

  1. Changes to the Terms: The Terms are subject to revisions at any time, as determined by us, and all changes are effective immediately upon being posted on Sirrus.ai. It is your responsibility to review these Terms periodically for any updates or changes. You will be deemed to have accepted the changes made to these Terms if you continue to use our Services once it has been posted.

  2. Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

  3. Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent togrievanceofficer.fls@tcgre.com

  4. Third-party rights: No third party shall have any rights to enforce any Terms contained herein.

  5. Force Majeure: We shall have no liability if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions, or accidents beyond our reasonable control, including without limitation to, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, pandemic, epidemic or compliance with any law or governmental order, rule, regulation, or direction.

12. WARRANTIES, DISCLAIMER AND LIMITATION OF LIABILITY

  1. The Company warrants and undertakes that: (i) it possesses the requisite skill and ability to build and operate the Services under these Terms; (ii) it (or its licensors) owns all rights, title and interest in the Intellectual Property Rights in the Services and are fully authorized to utilize and deploy the same for the purposes of rendering the Services; (iii) it is in compliance with the Applicable Laws; and (iv) it has all the necessary rights, licenses and permissions to use and deploy the Services and has all necessary authority to grant the Customer permission to use or access the Services as contemplated under these Terms. 
  2. During the Term, the Services will perform substantially in accordance with the User Guide.  The foregoing warranty shall not apply to performance issues of the Services (i) caused by factors outside of the Company’s reasonable control; (ii) that result from any improper actions or inactions of the Company or any third parties; or (iii) that result from Customer’s data structure, operating environment or equipment.  

    EXCEPT FOR THE EXPRESS, LIMITED WARRANTY PROVIDED IN THIS SECTION, THE COMPANY MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER ACCOMPANYING MATERIAL PROVIDED HEREUNDER. THE COMPANY SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, THOSE ARISING FROM A COURSE OF DEALING OR USAGE OR TRADE, AND OF UNINTERRUPTED OR ERROR-FREE SERVICE, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.  EXCEPT AS EXPRESSLY PROVIDED HEREIN AND IN ANY SO, THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS.

  3. The Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and provide Services in a professional and workmanlike manner. If the Services does not perform in accordance with the foregoing, then the Company shall, upon the receipt of the Customer’s notice in this regard, verify such nonconformity and use all reasonable efforts to correct any deficiencies so that it will perform in accordance with standard terms agreed under these Terms. Further, if the Company is not able to correct the alleged breach of warranty as per foregoing, then it shall refund and/or adjust the applicable fees paid by the Customer or payable by the Customer, as the case may be, in relation to the portion of Service which have found to be deficient and have not been corrected as above, post the alleged breach of warranty (if any). The Customer shall provide all information reasonably requested to enable the Company to cure the nonconformity, to the extent required.
  4. The Company is not responsible for: (a) any consequences resulting out of the misuse of any kind by the Customer or the Permitted User of the Services, in a manner that causes any harm or injury to a third-party; and (b) any loss that the Customer may incur as a result of a third party using the Customer or its Permitted User’s account, either with or without their knowledge.
  5. LIMITATION OF LIABILITY - In no event shall the Company be liable to the Customer and any third party for any Direct, Indirect, Punitive, Incidental, Special, Consequential or any other Damages whatsoever, including without limitation, damages for loss of use of data or profits, arising out of or in any way connected to the use of Services. Subject to Applicable Laws, in no event shall the total aggregate liability of the Company under these Terms exceed the amount of fees paid by the Customer for the Services during the three (3) months immediately preceding the formal written notice of any claim for liability arising hereunder.

13. DISPUTE RESOLUTION AND GRIEVANCE REDRESSAL

  1. Mediation – If a dispute arises, the parties will attempt to resolve it by discussion, negotiation and mediation before commencing legal proceedings.
  2. Arbitration - In case any such dispute is not amicably resolved within 30 (Thirty) days of such referral, it shall be resolved through arbitration, in India, in accordance with the provisions of Arbitration and Conciliation Act 1996. The venue and seat of such arbitration in India shall be Mumbai. All the arbitration proceedings shall be carried out in English language.
  3. Governing Law and jurisdiction – These Terms and any dispute arising from it, whether contractual or non-contractual, will be governed by Indian law and subject to the arbitration clause above, be subject to the exclusive jurisdiction of the courts of Mumbai, India.

  4. Grievance Redressal Mechanism- any complaints, abuse, or concerns with regards to content or comment or discrepancies or misuse of information or breach of the Terms shall be immediately addressed to the grievance officer, whose details are provided below-

    Name – Mr. Punit Pande, Head of Operations

    Contact details: 

    grievanceofficer.fls@tcgre.com 

14. GENERAL

  1. Compliance with law – Both the Parties will comply with all Applicable Laws and regulations relevant to the Services.
  2. Matters beyond reasonable control – No party will be liable to another if it fails to meet its obligations due to matters beyond its reasonable control, or due to a Force Majeure Events or any epidemic, pandemic or disease outbreak, and any actions or measures taken    by governmental or regulatory authorities in relation thereto.
  3. Independence – The Parties will cooperate regarding the Parties’ audit independence requirements. 
  4. Entire Agreement – These Terms forms the entire agreement between the Parties in relation to the Services, superseding any prior agreements, documents and or communications or discussions.
  5. Assignment – No party shall transfer or assign their rights or obligations under these Terms without prior written consent, of the other party.
  6. Survival – Any clause that is meant to continue to apply after termination of these Terms will do so, including but not limited to 10, 11, 12,, 13, 14, 15 & 16.
  7. Relationship - In performing the Services for the Customer, the Company is an independent contractor.
  8. Headings and Interpretations- The headings and titles of the sections, clauses, and sub-clauses of this Agreement are inserted for convenience of reference only and shall not affect the construction or interpretation of this Agreement or any of its provisions. Any reference to a section, clause, or provision in this Agreement shall be construed as referring to the relevant section, clause, or provision of this Agreement, regardless of the heading or title assigned to it.
  9. Notices- All notices will be in writing and given when delivered to the address set forth in an Order Form. Notices from the Company to Customer may be in the form of an electronic notice to the Customer's authorized representative or Administrator.
  10. Management responsibilities and functions - The Customer is responsible for all management functions and for decisions relating to the Services, including evaluating and accepting the adequacy of the scope of the Services in addressing their needs.

15. The Parties acknowledge and agree that this Agreement has been negotiated and drafted by both Parties, and that each Party has had the opportunity to review, discuss, and seek advice on the terms and conditions set forth herein. Therefore, in the event of any ambiguity or uncertainty in the interpretation of this Agreement, such ambiguity or uncertainty shall not be construed against either Party as the drafter or proponent of such term. The Parties further agree that no Party shall be held liable or responsible for any misunderstanding or dispute arising from any ambiguous or unclear provision of this Agreement. Both parties have voluntarily entered into this Agreement with full knowledge of its contents and understand that any vagueness or unclear language will be interpreted fairly and reasonably, without favoring one Party over the other.

16. This Agreement may be executed in one or more counterparts, each of which, when taken together, shall constitute one and the same agreement. The Agreement shall become effective upon execution and delivery of all counterparts by the Parties, and it is understood that the Parties need not sign the same counterpart. Signatures transmitted by facsimile or other electronic means (including email or digital signature platforms) shall be deemed valid and binding, with the same legal effect as if the signature were an original. This Agreement may be executed in either physical or digital form, and all executed counterparts, collectively, shall form a valid and enforceable Agreement.

17. Interpretation - In these Terms the following words and expressions have the meanings given to them below:

Administrator- means a natural person named by the Customer who shall with the written consent of the Customer shall have the administrator privileges of the Services provided to the Customer.

Access Codes- The access credentials (such as usernames and passwords) the Company gives the Customer which allows the Customer’s Permitted Users to access and use the Services.

Applicable Law- means and includes any statue, law, regulation, sub-ordinate legislation, ordinance, rule, judgement, rule of law, order (interim or final), writ, decree, clearance, authorizations, approval, directive, circular guideline, policy, requirement, code of practice or guidance note, or other governmental, regulatory, statutory, administrative restriction or any similar form of decision, or determination by, or any interpretation or administration of any foregoing by, and any statutory or regulatory authority or government agency or any other authority, in each case having jurisdiction over the subject matter of these Terms. 

Company- refers toFirst Livingspaces Private Limited (formerly known as TCG Livingspaces Private Limited), a company incorporated under the Companies Act, 1956, having CIN No. U73100WB2006PTC110866 and having its registered office at “Bengal Intelligent Park”, 2nd Floor, Building Delta, Plot A2, M2 & N2, Block EP & GP, Sector V, Salt Lake Electronics Complex, Kolkata 700 091, West Bengal, India.

Confidential Information- shall mean any and all information, material or data relating to a Party disclosed to, or otherwise acquired or observed by,Receiving Party, its affiliated companies, directors, officers and employees (collectively, “Receiving Party's Representatives”), from the Disclosing Party, its affiliated companies, group Companies, directors, officers and employees relating to the business of the Disclosing Party, whether communicated in writing, orally, electronically, photographically, or in recorded or any other form, and shall include, but not limited to, system architecture, reports, documentation, drawings, models, work-in-progress, product/service specifications, prototypes, personnel statistics, marketing and strategic information, proprietary research data and financial information, cost and pricing information, financial plans and analyses, information concerning customers, trade secrets, methods, processes or procedures of theDisclosing Party, or its financial information, all sales and operating information, existing and potential business and marketing plans and strategies, data media, know-how, designs, drawings, specifications, source codes, technical information, concepts, reports, methods, processes, techniques, operations, devices, and the like, whether or not the foregoing information is patented, tested, reduced to practice, or subject to copyright, and compilations, studies, summaries, extracts or other documentation prepared by the Receiving Party based on such information disclosed by the Disclosing Party. The term “Confidential Information” does not include information which: (i) becomes generally available to the public other than as a result of disclosure byReceiving Party in breach of this Agreement; (ii) was available to Receiving Party on a non-confidential basis as shown in written records from a source other than the Disclosing Party, prior to its disclosure to Receiving Party by Disclosing Party and such otherDisclosing Party is not bound by a Non-Disclosure Agreement or is not otherwise prohibited from transferring the information to Receiving Partyby a contractual, legal or fiduciary obligation; or (iii) is independently developed by Receiving  Party without any use of or benefit from theConfidential Information and such independent development can be documented byReceiving Party with written records.

Customer- refers to any legal person or legal entity though its authorized representative/signatory accessing or using the Services, who is competent to enter binding contracts, as per the provisions of the Indian Contract Act, 1872. 

Freemium Period - the period during which the Company may agree to provide certain features of the Services for free.

Intellectual Property Rights- means national, regional and international patents (including utility patents and models, design patents and patents arising from any patent applications), design rights, utility models or other similar invention rights, copyrights and related rights, trade secret, know-how or confidentiality rights, trademarks, trade names and service marks, logos and design marks, trade names and brand names, together with all goodwill associated with any of the foregoing, rights with respect to internet domain names and uniform resource locator, all computer programs and software, microcode, software implementations of algorithms, computer program architecture, models and methodologies, whether in source code, object code, executable code and components thereof, data bases, compilations of information, websites, content and graphics, systems, network tools, and related documentation, including any registrations and applications in respect thereof, to the extent transferable and any other intangible property rights, whether registered or unregistered, including applications (or rights to apply) and registrations for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired. 

Platform- refers to sirrus.ai, an online software-as-a-service platform.

Permitted Users- means the officers, employees, partners, directors or clients of the Customer who may access and use Services on the directions of the Customer.

Order Form- means an ordering document or an online order, entered into between the Company and the Customer specifying the Services availed by the Customer. 

Services- means Sirrus.ai, an online software-as-a-service platform which is an AI-driven application, that seeks to automate operations. It equips the Customer with advanced tools for inventory management, intelligent content creation, AI driven sales funnel analysis and post-sales assistance. Sirrus.ai is managed and provided byFirst Livingspaces Private Limited (formerly known as TCG Livingspaces Private Limited), to the Customer in the form of module(s)/features which collectively forms part of the Platform.

User Guide- means the user guide, provided by the Company to the Customer for the usage of Services, as updated from time to time.