PRIVACY POLICY

THIS PRIVACY POLICY (“PRIVACY POLICY”) SETS FORTH HOW TOR.AI LIMITED USES AND PROTECTS THE PERSONAL INFORMATION THAT USERS GIVE TO TOR.AI LIMITED WHEN USER USES THIS WEBSITE. THIS PRIVACY POLICY APPLIES TO PERSONAL INFORMATION COLLECTED ON THE WEBSITE. THIS PRIVACY POLICY DOES NOT APPLY TO INFORMATION COLLECTED BY THE COMPANY IN OTHER WAYS, INCLUDING OFFLINE INFORMATION. PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CONTINUING TO ACCESS THE WEBSITE, PROVIDING US PERSONAL INFORMATION, YOU CONSENT TO OUR USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY. IF USER DOES NOT AGREE TO THIS PRIVACY POLICY, USER MAY NOT AVAIL THE SERVICES OR ACCESS OR USE THE WEBSITE. USER MAY WITHDRAW THE CONSENT OR ALTERNATIVELY CHOOSE NOT TO PROVIDE PERSONAL INFORMATION ON THE WEBSITE, SUCH AN INTIMATION TO WITHDRAW YOUR CONSENT CAN BE PROVIDED BY EMAIL TO COMMUNICATION DETAILS MENTIONED BELOW.

Access to the Website (defined below) is subject to Terms of Use located at the Website, capitalized terms used and not defined in this Privacy Policy, shall have the same meaning ascribed to them in the Terms of Use.

INTRODUCTION

We, TOR.AI LIMITED (“Company”; “We”; “us”; “our”) have developed application showcasing the services provided by the Company which includes providing software products, IOT solutions and Enterprise services(“Services”). For the provisions of the Services, the Company shall collect and store the Personal Information of the visitors of the Website (“Users”, “you”, “your”).

We are committed to protect the Personal Information and have made this Privacy Policy to describe the procedures we adhere to for collecting, using, and disclosing the Personal Information (defined below). We recognise the importance of maintaining your privacy. We value your privacy and appreciate your trust in us. We recommend the Users to read this Privacy Policy carefully so that Users understand our approach towards the use of their Personal Information.

GOVERNING STATUTE

This Privacy Policy is governed by the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011, which is designed to protect Personal Information; other relevant laws, and our policies.

INFORMATION WHICH IS COLLECTED AND STORED

We collect Personal Information when you browse, access and use the Website. Personal Information shall include name, , contact number, , , location associated details, , or any other information classified by the Company and notified on our Website from time to time. (“Personal Information”). You may have to provide additional information as may be necessary from time to time.

We shall not verify or authenticate such Personal Information provided by you. As your personal information is collected as and when you browse, access or use our Website, we are not responsible for getting an access to such Personal Information.

We may also collect and hold information related to your utilization of our services which may include additional information which is provided by you while using/accessing our Website.

We may keep a log of the activities performed by you on our Website by using various internet techniques such as web cookies, web beacons, server log files, etc. for analytical purposes and for analysis of the amiability of various features on our Website.

This information may be used to provide you with a better experience at our Website along with evidentiary purposes. At any time if you want to opt-out, you may reach out to us at our email address <[email protected]>.

In case you do not provide your information or consent for usage of Personal Information or later on withdraw your consent for usage of the Personal Information so collected, we reserve the right to discontinue the services provided to you in your capacity as employee/user / authorized person for which the said Personal Information was sought.

HOW WE USE PERSONAL INFORMATION

Personal Information that we collect is used (i) to contact you, (ii) to improve the quality and your experience of the use of our Website, (iii) to manage our relationship with you and develop our present and future services and provide information of these Services to you (iv) for real time demand capturing, gathering, (v) to more effectively provide the Services to User; (vi) to improve the Services; (vii) to assist User with technical difficulties that may arise in relation to User’s use and access to our Website; (vii) to manage our relationship with User and/ or his organization;. We do not sell, rent or trade your Personal Information under any circumstances. This information is used to track aggregate traffic patterns across our Website. No information is correlated with any Personal Information. We reserve the right to send you certain communications relating to the Website, such as service announcements, administrative messages and information regarding existing and new services. You may also provide us with access to information which is already publicly available, or becomes publicly available to us in the future. You understand and acknowledge that any such information we may collect cannot be accorded the protections of this Privacy Policy.

DISCLOSURES

We do not sell, rent, share, distribute, lease or otherwise provide Personal Information to third parties, without User’s prior consent. Keeping this in mind, you agree and consent that we may disclose Personal Information in the following cases:

Affiliates. We may provide Personal Information we collect to our affiliates. For example, we may disclose Personal Information to our affiliates in order to respond to your requests for information or Services, or to help limit your receipt of marketing materials you have requested not to receive.
Business Partners. We may use certain trusted third-party companies and individuals to help us provide, analyse, and improve the Services (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Website’s features). These third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy. We may disclose your Personal Information to service providers who perform business functions or hosting services on our behalf and who may be located outside of India.
Service Providers. We may share your Personal Information to the service providers, who are working with us in connection with the operation of the Website, so long as such service providers are subject to confidentiality restrictions consistent with this Privacy Policy.
Persons Who Acquire Our Assets or Business. If we sell or transfer any of our business or assets either partly or fully, certain Personal Information may become part of that sale or transfer. In the event of such a sale or transfer, we may notify You of such sale or transfer.
Legal and Regulatory Authorities. We may be required to disclose your Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. We may also disclose Personal Information to law enforcement officers or others, in the good faith that such disclosure is reasonably necessary to enforce this Privacy Policy; respond to claims that any Personal Information violates the rights of third-parties; or protect the rights, property, or personal safety of Company, our Users or the general public. You agree and acknowledge that we may not inform you prior to or after disclosures made according to this section.

DATA RETENTION

We will retain your Personal Information for as long as you are using the Services offered by the Company. We may also retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Subject to this section, we will try to delete your Personal Information upon reasonable written request for the same. Please note, however, that there might be latency in deleting Personal Information from our servers.

SECURITY

Our company is hosted on our secure servers compliant with Information Security (ISO 27001 and SSAE 18 SOC2). We value your Personal Information, we will ensure an adequate level of protection. We are ISO 20000 and ISO 27001 certified company. and We have therefore implemented technology and policies with the objective of protecting your Personal Information from unauthorised access and improper use and will update these measures as new technology becomes available, as appropriate. As a matter of security, we take back-up of systems periodically. Although we provide appropriate firewalls and protections, our systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible and we will take necessary measures to mitigate such events.

ACCESS TO THE WEBSITE

Access to the Website is not aimed at children under 18 years of age and we will not directly collect, use, provide or process in any other form any Personal Information of children under the age of 18 deliberately. We therefore also ask you, if you are under 18 years old, to not send us your Personal Information (for example, your name, address and email address) and to not access our Website.

COLLECTION OF NON-PERSONAL INFORMATION

We may automatically collect non-personal information about you such as the type of internet browsers you use or the website from which you were redirected to our Website. You cannot be identified from this Personal Information and it is only used to assist us in providing an effective service on this Website. We may from time to time supply third parties with this non-personal or aggregated Personal Information for uses in connection with the Services and this Website.

ANONYMISED DATA

We may also use your Personal Information collected to create aggregate anonymized data. We shall ensure that such anonymized data will not be directly identifiable to you or to the Personal Information shared with us. We may use this anonymized data for any purpose including but not limited to research, analytics, and to improve our Services. By using the Privacy Policy, you provide us the right to use your Personal Information to create anonymized data and use it for our business purposes.

SOCIAL MEDIA

You may wish to participate in social media platforms or arrangements hosted by the Website which we make available to you. The main aim of the social media platform is to facilitate and allow you to share content. However, we cannot be held responsible if you share Personal Information on social media platform that is subsequently used, misused or otherwise appropriated by another user.

RESERVATION OF RIGHTS

All rights not expressly granted in this Privacy Policy are reserved by Company and its licensors, as the case may be. Nothing contained in this Privacy Policy shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Company or any other person or to you.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any claims arising out of or relating to: (i) Personal Information and data you upload on the Website (ii) Your violation of any rights of any other person in connection with the Website (iii) Your use of the Website or its features.

LIMITATION OF LIABILITY

Company shall not be liable for any damages, direct or indirect, incidental or consequential, and all liabilities (including for negligence, loss or damage such as loss of revenue, unavailability of system or loss of data) and for use of or inability to access the Website or the Services offered by the Company or to provide indemnity or any other remedy to you or any third party. It is your responsibility to ensure that you use the correct devices for accessing and using the Website and to protect from anything that may damage it.

DISPUTES

Any dispute arising, between you and Company shall be governed under the laws of India and courts of law at Pune, Maharashtra shall have exclusive jurisdiction over such disputes.

CHANGES TO THIS POLICY

From time to time we may make changes to this Privacy Policy and notify you by posting an updated version of the Privacy Policy on the Website. Please check the Website on a regular basis. This Privacy Policy was last modified on August 23, 2023.

CONTACT US

If you have any questions, concerns, grievance or comments about this Privacy Policy, our Services, or your experience with our Website – contact us at [email protected]

TERMS OF USE

The Terms were last modified on August 23, 2023.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY AS YOUR USE AND ACCESS OF THIS PLATFORM IS SUBJECT TO YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS (“TERMS“).

PLEASE READ THESE TERMS, CAREFULLY. BY USING AND ACCESSING THIS PLATFORM, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS PLATFORM.

BY USING OR ACCESSING THIS PLATFORM (“SERVICES”), YOU DE-FACTO AGREE TO THE FOLLOWING TERMS.

YOU ALSO REPRESENT THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE PROVISIONS OF THESE TERMS.

DEFINITIONS

“App” means and includes both, a mobile based and web-based application which is developed and owned by the Company.

“Device” shall mean the IOT device developed by the Company.

“Platform” shall mean both the App and Device.

“Users”, “you”, “your” shall mean and include the person accessing and using the Platform.

“We”, “Company”, “us”, “our” or “Tor.ai” means Tor.ai Limited (formerly known as Tor.ai Limited) having its registered office at 303-303A, 403-403A, 3rd/4th floor, B junction, survey no. 1/2, next to Kothrud post office, near Karve statue, Kothrud, Pune 411038.

RIGHT TO USE

Subject to terms and conditions, we hereby grant you a non-exclusive, non-assignable, non-transferable and limited right and license to use the Platform for your personal use only and for no other purposes.

Permission to use documents such as case studies, news, press releases, and other publications that can be accessed or downloaded from the Platform are granted by the Company, provided that, you agree not to reverse engineer, reproduce, publish, re-publish, dissemble, disseminate, modify, copy, distribute, transmit, display, perform, license, create derivative works from, transfer, or sell any material, service or feature, information, software of the Platform and further agree not to use the Platform as part of another application or website, upload of any virus, use any content for commercial purposes, access or modify partially or otherwise to any source code; do anything that puts an enormous/ unreasonable load on our infrastructure/servers; copy or create derivative work on the Platform.

The documents specified above do not include the design or layout of the Platform. Elements of the Platform are protected by trademark and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Platform may be copied or retransmitted unless expressly permitted by the Company.

SERVICES AND PRODUCTS

The Company offers various products and services relating to the SaaS platform and IOT solutions. In order to avail these products and services, you shall enter into a separate definitive agreement with the Company. The definitive agreement shall comprise of the scope of services and the commercial terms agreed between the parties. These Terms are restricted to the use of the Platform, and does not display the specific terms to the products or services that are offered by the Company.

INTELLECTUAL PROPERTY RIGHTS

The Platform and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Platform are owned by the Company and its affiliates, subsidiaries, licensors as the case may be.

All materials on the Platform, including but not limited to images, designs, layout, contents photographs, software, text, icons, blogs, news developed by the Company (the “Platform Content”), are protected by copyright under the copyright laws. You cannot use the Platform Content, except as specified herein.

There may be proprietary logos, service marks and trademarks found on the Platform whether owned/used by us or otherwise. By displaying them on the Platform, the Company does not grant you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Platform Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

The Company’s logo is the registered trademark of the Company and protected by trademark laws. Tor.ai and the names of Tor.ai’s products and services referenced herein are trademarks of the Company.

THIRD PARTY CONTENT

The Platform may provide information or material owned and controlled by third parties (“Third Party Content”). For accessing such Third-Party Content, you may leave the Platform and be directed to an external website that is not maintained by the Company. Any access or use of such third-party content by you shall be at your own risk and responsibility. These linked sites which provides Third Party Content are not under the control of the Company and the Company is not responsible for any link contained in these linked sites. The Company provides links to you only for your convenience, and the inclusion of any link does not imply endorsement by the Company of these linked sites. Company makes no warranty or representation and does not endorse any such Third-Party Content.

The Platform is hosted on a third- party server and any use of or access of the Platform by you shall be governed by the terms and conditions applicable to the use of such third-party server in addition to these Terms.

PROHIBITED CONDUCT

You agree not to engage in any of the following activities:

Violating laws and rights:

You may not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights, (c) circumvent or disable any content protection system or digital rights management technology used in connection with the Platform Content, (d) rebroadcast or transmit the content available on the Platform, (e) modify the Platform in any manner, including but not limited to, by removing identification, copyright or other proprietary notices from any content, or by framing, mirroring, or utilizing similar techniques.

Solicitation:

You may not use the Platform, or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

Disruption:

You may not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other user’s use and enjoyment of the Platform; including but not limited by:

uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or
interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server, or
modifying, merging, revising or enhancing the Platform in any way, or
decompiling, disassembling, reverse engineering the Platform in any manner whatsoever.

Impersonation or unauthorized access:

You will not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Platform.

You will not use or attempt to use any other person or entity’s information, personal or otherwise; and you will not attempt to gain unauthorized access to the Platform or any other user account, through hacking, password mining or any other means.

Developing competing offerings:

You will not use the Platform to develop any competing platforms, applications, websites or products which are similar or substantially similar to the Platform.

You understand and acknowledge that if you indulge in any of the prohibited conduct stated above, and it is brought to the notice of the Company, the Company may terminate your right to use the Platform and take any other corrective action as it deems fit.

We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Platform. You should use your own virus protection software.

You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. We will report any breach of this term in our discretion to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.

NO WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM ARE ENTIRELY AT YOUR OWN RISK AND THAT THIS PLATFORM AND THE SERVICES AND PRODUCTS EXHIBITED ON THIS PLATFORM ARE “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS PLATFORM, AND YOUR USE THEREOF. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THIS PLATFORM AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS PLATFORM, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS PLATFORM. COMPANY SHALL NOT BE RESPONSIBLE FOR SERVICE DISRUPTION CAUSED DUE TO LOSS OF INTERNET CONNECTION.

YOU ALSO AGREE NOT TO INTERFERE WITH OR ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO ANY PARTS OF THIS PLATFORM OR ANY ACCOUNTS, COMPUTER SYSTEMS OR NETWORKS, ETC.

YOU UNDERSTAND AND ACKNOWLEDGE THAT THIS PLATFORM MAY BE PRONE TO UNINTENTIONAL INACCURACIES IN CONTENT. E.G. TYPOGRAPHICAL ERRORS, IMPROPER LINKAGES ETC.

INDEMNITY

You agree to indemnify, defend and hold harmless the Company, its subsidiaries and affiliates from any claim, cost, expense, judgment, damages or other loss arising out of or in relation to your use of this Platform in any manner.

LIMITATION OF LIABILITY

The entire risk arising out of the use of this Platform, its contents or material downloaded there from, remains with you. In no event, shall the Company be liable for any direct, consequential, incidental, special, punitive or other damages whatsoever (including without limitation, damages for loss of business profits, business interruption, or loss of business information), arising out of or in connection with your use or access to this Platform (including without limitation non-availability of this Platform) even if the Company has been advised of the possibility of such damages.

DATA PRIVACY

Data privacy is important to our Company. Our Company has detailed Privacy Policy that is available on this Platform https://tor.ai/app-privacy-policy/. Company’s Privacy Policy describes how we collect, use and disclose personal information that we may obtain through this Platform or as a part of our internal processes.

FORCE MAJEURE

Without limiting the foregoing, under no circumstances shall Company be held liable for any damage or loss due to deficiency in this Platform resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, change in laws and regulations, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots or any other similar events.

TERMINATION

Company may at any time, terminate these Terms, if: (a) You breach any terms and conditions of these Terms or; (b) Company is required to do so under law (where the services/products provided by the Company becomes unlawful); (c) Company chooses to discontinue to provide the products and services detailed on the Platform.

SURVIVAL

Provisions such as, disclaimer of warranties, limitation of liability, indemnity, ownership of intellectual property, general provisions, shall survive any termination.

GOVERNING LAW

This Agreement and Your use of the Platform is governed by, construed and enforced in accordance with the laws of India and, for the purposes of any legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the courts of Pune, Maharashtra, India.

GENERAL PROVISIONS

In these Terms, reference to any gender includes a reference to all other genders and the neuter. Each part of these Terms is independent of each other. Company shall have the right to assign these Terms to any of its affiliates or any third parties at any time without notice to You. You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in these Terms, this will not be taken to be a formal waiver of Company’s rights and that those rights or remedies will still be available to the Company. These Terms along with the Privacy Policy contains the entire understanding and agreement between You and the Company and supersedes any and all prior or inconsistent understandings relating to Platform. If any provision of these Terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and these Terms and will be deemed amended to the extent necessary to make it legal, valid and enforceable.

CHANGE IN TERMS

Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or the Platform (or any part thereof) with or without notice. Further, the Company reserves the right to change these Terms at any time and to notify You by posting an updated version of the Terms on this Platform. You are responsible for regularly reviewing these Terms.

CONTACT US

If you have any questions, concerns, grievance or comments about this Privacy Policy, our Services, or your experience with our Website – contact us at [email protected]