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General Terms and Conditions for the use of Sirrus.ai

  1. ACCEPTANCE OF TERMS

These General Terms and Conditions for the use of Sirrus.ai along with the Privacy Policy available here [•], Cookie Policy available here [•],(“Agreement or Terms”) constitute a binding and enforceable legal contract between First Livingspaces Private Limited (formerly known as TCG Livingspaces Private  Limited) (“Company”), having its registered office at Bengal Intelligent Park, Building.-Delta, 2nd Floor, Block EP&GP, Sector V, Salt Lake Electronics Complex, Kolkata – 700091 (“Company”, “we”, “us” or “our”)  and you, a Permitted User of Sirrus.ai (“you”, “your” or “user”).

As used herein, the term “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 by First Livingspaces Private Limited (formerly known as TCG Livingspaces Private Limited), to the Customer in form of module(s)/features which collectively forms part of the Platform.

Permitted Users use the Service as a part of any paid subscription plan purchased by an entity or any person (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 on [“I agree/I accept”] at the time of downloading/accessing/using Sirrus.ai  , 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 into between the Customer and the Company. If you do not consent to abide by these Terms or adhere to the obligations set forth herein, we respectfully ask that you refrain from accessing or utilizing our Services.

  1. 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.
  1. 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. In the course of 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.
  1. 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.
  1. 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 aby 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 in the nature of 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 in the nature of 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.
  1. 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;
  1. ARTIFICIAL INTELLIGENCE

If you use any AI or machine learning features and functionality provided while using the Services (collectively “Artificial Intelligence”), you agree to:

  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.
  1. 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.
  1. 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.
  1. 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 

  2. We shall ensure that your complaint is resolved within timelines prescribed under applicable laws.
  1. MISCELLANEOUS PROVISIONS
  1. Changes to 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 to grievanceofficer.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.