Contents

Contents

Contents

Privacy

Privacy

Privacy

Terms of use

Terms of use

Terms of use

Additional terms

Additional terms

Additional terms

EULA

EULA

EULA

Privacy

Privacy

Privacy

  1. Exponent Energy Private Limited, a company registered under the provisions of the Companies Act, 2013 (“Company”, “we”, “us”, or “our”), has issued this document (“Privacy Policy”) in terms of the (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000; and (iv) and the Digital Personal Data Protection Act, 2023. This electronic record is generated by a computer system and does not require any physical or digital signatures.


  1. This Privacy Policy is applicable to (i) the individuals who use our (a) website https://www.exponent.energy/ (“Site”), and / or (b) mobile application ("App”), (ii) end-use customers of the exponent-enabled electric vehicles ("Vehicles”), (iii) our suppliers and/or vendors, (iv) candidates who have applied to us for a job, (v) our staff members, and (vi) our charging station (“Charging Station”) partners (for the purpose of this Privacy Policy, collectively, referred to as “you” or “your”).

  1. Our consent notice covers: (i) the Personal Information collected from you; (ii) the purpose, means and modes of usage of such information; and (iii) the legal rights available to you with respect to your personal information; and this Privacy Policy details (i) the legal basis for processing your Personal Information, and (ii) how and to whom such information which has been collected will be disclosed. 


  1. It is recommended that you read this Privacy Policy, along with the consent notice, carefully as it affects your rights and liabilities under law. We reserve the right to make changes to this Privacy Policy and consent notice, at any time. Provided that, we will notify you about all material amendments that effect your Personal Information and/or the legal rights made available to you, through one or more methods, which may include an email to you, or an announcement on our Site/App, in accordance with applicable law.


  1. PERSONAL INFORMATION THAT WE COLLECT


1.1 “Personal Information” with respect to information that is collected directly from you, or as you use the Site/Vehicles/App/Charging Station, means any data about that can be used to uniquely identify or contact you.

1.2 The personal information that we collect from you may vary, depending on whether you are an employee of the Company, or if you use our Site/Vehicles/App/ Charging Station, and therefore, we have detailed the exact Personal Information that we collect from you in our consent notice.

1.3 Please note that the Personal Information collect from you will primarily be stored in electronic form. 



  1. HOW WE USE THE INFORMATION


The purpose for collecting your Personal Information, and how we use such information, is detailed in the consent notice.  


  1. CONSENT


3.1. Legal basis for processing Personal Information: We process your Personal Information on the basis of (i) your consent provided through the consent notice, or (ii) for certain legitimate uses, in accordance with applicable law. 

3.2. Third-Party Agents: Subject to your prior written consent provided through the consent notice, certain activities, such as collection, transfer, storage and processing of your information, may be undertaken by trusted third party vendors or agents of the Company such as web hosting providers, web analytic providers, and our co-branded service providers or business partners to help facilitate us in providing certain functions. 


  1. DISCLOSURE OF THE INFORMATION 


4.1 Company does not rent, sell or share your Personal Information with third parties or non-affiliated companies, except with your prior written consent provided through the consent notice, to provide the services you have requested. We limit the disclosure of Personal Information to our employees, independent contractors including vendors, affiliates, consultants, business associates, service providers and distributors of our services, on a “need-to-know” basis, and only if the disclosure will enable that entity to provide us with business, professional, or technical support or fulfill your request.



4.2. We reserve the right to share Personal Information with other corporate entities and affiliates:


  1. under applicable law, including laws outside your country of residence;

  2. to detect and prevent abuse of our services;

  3. to protect our operations or those of any of our affiliates;

  4. when we believe, at our sole discretion that disclosure is necessary to protect our rights, protect someone from injury and/or to comply with a judicial proceeding, court order, or legal process served on our Site;

  5. to allow us to pursue available remedies or limit the damages that we may sustain; and

  6. to third parties in good faith, and such disclosure shall be reasonably necessary to enforce our Terms of Use or the Privacy Policy, or to respond to claims of violation of third-party rights,


5. OPT-OUT

Company provides you with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us or on behalf of our partners. If you want to remove your contact information from all our lists and newsletters, please write to us at hey@exponent.energy with “unsubscribe” as the subject.


6. COOKIE POLICY



  1. under applicable law, including laws outside your country of residence;


  1. to detect and prevent abuse of our services;


  1. to facilitate joint or co-branded services that you request for or express an interest in, where such services are provided by more than one corporate entity; 


  1. to protect our operations or those of any of our affiliates;


  1. when we believe, at our sole discretion that disclosure is necessary to protect our rights, protect someone from injury and/or to comply with a judicial proceeding, court order, or legal process served on our Site;


  1. to allow us to pursue available remedies or limit the damages that we may sustain;


  1. to third parties in good faith, and such disclosure shall be reasonably necessary to enforce our Terms of Use or the Privacy Policy, or to respond to claims of violation of third party rights through advertisements, postings or other content; and


  1. to Company’s third party providers who provide goods / services such as contact information verification, payment processing, order fulfillment, customer service, website hosting, data analysis, infrastructure provision, IT services, auditing services and other similar services to enable them to provide the relevant services.



  1. INFORMATION RETENTION


We retain any Personal Information that you may have provided to us, for as long as you avail services through the Site, and for a reasonable time thereafter.


  1. OPT-OUT


Company provides all its users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us or on behalf of our partners. If you want to remove your contact information from all our lists and newsletters, please write to us at hey@exponent.energy with “unsubscribe” as the subject.


  1. COOKIE POLICY 


  1. The Site uses temporary cookies, which are files that your web browser puts on your system when you visit the Site, to store certain information. The information collected through these cookies is used by us for the technical administration of the Site, research and development, and to improve the quality of our services rendered through the Site.


  1. We may use third party cookies to track visitor behaviour and to improve the quality of our services. However, such cookies shall not store any kind of personal information, nor shall such information be disclosed to any third party.


  1. These cookies are intended to be automatically cleared or deleted when the user quits the browser application. You are encouraged to use the “clear cookies” functionality of your browser to ensure such clearing/deletion, since it is impossible for us to guarantee, predict or provide for the behaviour of your system.


  1. The information we collect with cookies is not sold, rented, or shared with any third parties.



  1. SECURITY PROCEDURES


We have implemented basic standard security policies, rules and technical measures, in order to protect any kind of personal sensitive information that we have under our control from unauthorized access. You should know, however, that the Company cannot fully eliminate such risks.


  1. LIMITATION OF LIABILITY 


Under no circumstances shall we be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use the Site or any portion thereof, by any person, including employees and contracted personnel of the Company.


  1. GOVERNING LAW AND JURISDICTION


This Privacy Policy shall be governed by and construed in accordance with the laws of India, without reference to conflict of laws principles. The courts in Bangalore shall have exclusive jurisdiction to determine any disputes arising in relation to, or under, the terms of this Privacy Policy. You agree to submit to the jurisdiction of the courts in Bangalore and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts. 


  1. GRIEVANCE OFFICER 


The name and contact details of the Grievance Officer are provided below: 


Name:  Sanjay Byalal


E-mail ID: grievances@exponent.energy


Phone Number: +91 88675 26699




  1. Exponent Energy Private Limited, a company registered under the provisions of the Companies Act, 2013 (“Company”, “we”, “us”, or “our”), has issued this document (“Privacy Policy”) in terms of the (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000; and (iv) and the Digital Personal Data Protection Act, 2023. This electronic record is generated by a computer system and does not require any physical or digital signatures.


  1. This Privacy Policy is applicable to (i) the individuals who use our (a) website https://www.exponent.energy/ (“Site”), and / or (b) mobile application ("App”), (ii) end-use customers of the exponent-enabled electric vehicles ("Vehicles”), (iii) our suppliers and/or vendors, (iv) candidates who have applied to us for a job, (v) our staff members, and (vi) our charging station (“Charging Station”) partners (for the purpose of this Privacy Policy, collectively, referred to as “you” or “your”).

  1. Our consent notice covers: (i) the Personal Information collected from you; (ii) the purpose, means and modes of usage of such information; and (iii) the legal rights available to you with respect to your personal information; and this Privacy Policy details (i) the legal basis for processing your Personal Information, and (ii) how and to whom such information which has been collected will be disclosed. 


  1. It is recommended that you read this Privacy Policy, along with the consent notice, carefully as it affects your rights and liabilities under law. We reserve the right to make changes to this Privacy Policy and consent notice, at any time. Provided that, we will notify you about all material amendments that effect your Personal Information and/or the legal rights made available to you, through one or more methods, which may include an email to you, or an announcement on our Site/App, in accordance with applicable law.


  1. PERSONAL INFORMATION THAT WE COLLECT


1.1 “Personal Information” with respect to information that is collected directly from you, or as you use the Site/Vehicles/App/Charging Station, means any data about that can be used to uniquely identify or contact you.

1.2 The personal information that we collect from you may vary, depending on whether you are an employee of the Company, or if you use our Site/Vehicles/App/ Charging Station, and therefore, we have detailed the exact Personal Information that we collect from you in our consent notice.

1.3 Please note that the Personal Information collect from you will primarily be stored in electronic form. 



  1. HOW WE USE THE INFORMATION


The purpose for collecting your Personal Information, and how we use such information, is detailed in the consent notice.  


  1. CONSENT


3.1. Legal basis for processing Personal Information: We process your Personal Information on the basis of (i) your consent provided through the consent notice, or (ii) for certain legitimate uses, in accordance with applicable law. 

3.2. Third-Party Agents: Subject to your prior written consent provided through the consent notice, certain activities, such as collection, transfer, storage and processing of your information, may be undertaken by trusted third party vendors or agents of the Company such as web hosting providers, web analytic providers, and our co-branded service providers or business partners to help facilitate us in providing certain functions. 


  1. DISCLOSURE OF THE INFORMATION 


4.1 Company does not rent, sell or share your Personal Information with third parties or non-affiliated companies, except with your prior written consent provided through the consent notice, to provide the services you have requested. We limit the disclosure of Personal Information to our employees, independent contractors including vendors, affiliates, consultants, business associates, service providers and distributors of our services, on a “need-to-know” basis, and only if the disclosure will enable that entity to provide us with business, professional, or technical support or fulfill your request.



4.2. We reserve the right to share Personal Information with other corporate entities and affiliates:


  1. under applicable law, including laws outside your country of residence;

  2. to detect and prevent abuse of our services;

  3. to protect our operations or those of any of our affiliates;

  4. when we believe, at our sole discretion that disclosure is necessary to protect our rights, protect someone from injury and/or to comply with a judicial proceeding, court order, or legal process served on our Site;

  5. to allow us to pursue available remedies or limit the damages that we may sustain; and

  6. to third parties in good faith, and such disclosure shall be reasonably necessary to enforce our Terms of Use or the Privacy Policy, or to respond to claims of violation of third-party rights,


5. OPT-OUT

Company provides you with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us or on behalf of our partners. If you want to remove your contact information from all our lists and newsletters, please write to us at hey@exponent.energy with “unsubscribe” as the subject.


6. COOKIE POLICY



  1. under applicable law, including laws outside your country of residence;


  1. to detect and prevent abuse of our services;


  1. to facilitate joint or co-branded services that you request for or express an interest in, where such services are provided by more than one corporate entity; 


  1. to protect our operations or those of any of our affiliates;


  1. when we believe, at our sole discretion that disclosure is necessary to protect our rights, protect someone from injury and/or to comply with a judicial proceeding, court order, or legal process served on our Site;


  1. to allow us to pursue available remedies or limit the damages that we may sustain;


  1. to third parties in good faith, and such disclosure shall be reasonably necessary to enforce our Terms of Use or the Privacy Policy, or to respond to claims of violation of third party rights through advertisements, postings or other content; and


  1. to Company’s third party providers who provide goods / services such as contact information verification, payment processing, order fulfillment, customer service, website hosting, data analysis, infrastructure provision, IT services, auditing services and other similar services to enable them to provide the relevant services.



  1. INFORMATION RETENTION


We retain any Personal Information that you may have provided to us, for as long as you avail services through the Site, and for a reasonable time thereafter.


  1. OPT-OUT


Company provides all its users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us or on behalf of our partners. If you want to remove your contact information from all our lists and newsletters, please write to us at hey@exponent.energy with “unsubscribe” as the subject.


  1. COOKIE POLICY 


  1. The Site uses temporary cookies, which are files that your web browser puts on your system when you visit the Site, to store certain information. The information collected through these cookies is used by us for the technical administration of the Site, research and development, and to improve the quality of our services rendered through the Site.


  1. We may use third party cookies to track visitor behaviour and to improve the quality of our services. However, such cookies shall not store any kind of personal information, nor shall such information be disclosed to any third party.


  1. These cookies are intended to be automatically cleared or deleted when the user quits the browser application. You are encouraged to use the “clear cookies” functionality of your browser to ensure such clearing/deletion, since it is impossible for us to guarantee, predict or provide for the behaviour of your system.


  1. The information we collect with cookies is not sold, rented, or shared with any third parties.



  1. SECURITY PROCEDURES


We have implemented basic standard security policies, rules and technical measures, in order to protect any kind of personal sensitive information that we have under our control from unauthorized access. You should know, however, that the Company cannot fully eliminate such risks.


  1. LIMITATION OF LIABILITY 


Under no circumstances shall we be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use the Site or any portion thereof, by any person, including employees and contracted personnel of the Company.


  1. GOVERNING LAW AND JURISDICTION


This Privacy Policy shall be governed by and construed in accordance with the laws of India, without reference to conflict of laws principles. The courts in Bangalore shall have exclusive jurisdiction to determine any disputes arising in relation to, or under, the terms of this Privacy Policy. You agree to submit to the jurisdiction of the courts in Bangalore and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts. 


  1. GRIEVANCE OFFICER 


The name and contact details of the Grievance Officer are provided below: 


Name:  Sanjay Byalal


E-mail ID: grievances@exponent.energy


Phone Number: +91 88675 26699




  1. Exponent Energy Private Limited, a company registered under the provisions of the Companies Act, 2013 (“Company”, “we”, “us”, or “our”), has issued this document (“Privacy Policy”) in terms of the (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000; and (iv) and the Digital Personal Data Protection Act, 2023. This electronic record is generated by a computer system and does not require any physical or digital signatures.


  1. This Privacy Policy is applicable to (i) the individuals who use our (a) website https://www.exponent.energy/ (“Site”), and / or (b) mobile application ("App”), (ii) end-use customers of the exponent-enabled electric vehicles ("Vehicles”), (iii) our suppliers and/or vendors, (iv) candidates who have applied to us for a job, (v) our staff members, and (vi) our charging station (“Charging Station”) partners (for the purpose of this Privacy Policy, collectively, referred to as “you” or “your”).

  1. Our consent notice covers: (i) the Personal Information collected from you; (ii) the purpose, means and modes of usage of such information; and (iii) the legal rights available to you with respect to your personal information; and this Privacy Policy details (i) the legal basis for processing your Personal Information, and (ii) how and to whom such information which has been collected will be disclosed. 


  1. It is recommended that you read this Privacy Policy, along with the consent notice, carefully as it affects your rights and liabilities under law. We reserve the right to make changes to this Privacy Policy and consent notice, at any time. Provided that, we will notify you about all material amendments that effect your Personal Information and/or the legal rights made available to you, through one or more methods, which may include an email to you, or an announcement on our Site/App, in accordance with applicable law.


  1. PERSONAL INFORMATION THAT WE COLLECT


1.1 “Personal Information” with respect to information that is collected directly from you, or as you use the Site/Vehicles/App/Charging Station, means any data about that can be used to uniquely identify or contact you.

1.2 The personal information that we collect from you may vary, depending on whether you are an employee of the Company, or if you use our Site/Vehicles/App/ Charging Station, and therefore, we have detailed the exact Personal Information that we collect from you in our consent notice.

1.3 Please note that the Personal Information collect from you will primarily be stored in electronic form. 



  1. HOW WE USE THE INFORMATION


The purpose for collecting your Personal Information, and how we use such information, is detailed in the consent notice.  


  1. CONSENT


3.1. Legal basis for processing Personal Information: We process your Personal Information on the basis of (i) your consent provided through the consent notice, or (ii) for certain legitimate uses, in accordance with applicable law. 

3.2. Third-Party Agents: Subject to your prior written consent provided through the consent notice, certain activities, such as collection, transfer, storage and processing of your information, may be undertaken by trusted third party vendors or agents of the Company such as web hosting providers, web analytic providers, and our co-branded service providers or business partners to help facilitate us in providing certain functions. 


  1. DISCLOSURE OF THE INFORMATION 


4.1 Company does not rent, sell or share your Personal Information with third parties or non-affiliated companies, except with your prior written consent provided through the consent notice, to provide the services you have requested. We limit the disclosure of Personal Information to our employees, independent contractors including vendors, affiliates, consultants, business associates, service providers and distributors of our services, on a “need-to-know” basis, and only if the disclosure will enable that entity to provide us with business, professional, or technical support or fulfill your request.



4.2. We reserve the right to share Personal Information with other corporate entities and affiliates:


  1. under applicable law, including laws outside your country of residence;

  2. to detect and prevent abuse of our services;

  3. to protect our operations or those of any of our affiliates;

  4. when we believe, at our sole discretion that disclosure is necessary to protect our rights, protect someone from injury and/or to comply with a judicial proceeding, court order, or legal process served on our Site;

  5. to allow us to pursue available remedies or limit the damages that we may sustain; and

  6. to third parties in good faith, and such disclosure shall be reasonably necessary to enforce our Terms of Use or the Privacy Policy, or to respond to claims of violation of third-party rights,


5. OPT-OUT

Company provides you with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us or on behalf of our partners. If you want to remove your contact information from all our lists and newsletters, please write to us at hey@exponent.energy with “unsubscribe” as the subject.


6. COOKIE POLICY



  1. under applicable law, including laws outside your country of residence;


  1. to detect and prevent abuse of our services;


  1. to facilitate joint or co-branded services that you request for or express an interest in, where such services are provided by more than one corporate entity; 


  1. to protect our operations or those of any of our affiliates;


  1. when we believe, at our sole discretion that disclosure is necessary to protect our rights, protect someone from injury and/or to comply with a judicial proceeding, court order, or legal process served on our Site;


  1. to allow us to pursue available remedies or limit the damages that we may sustain;


  1. to third parties in good faith, and such disclosure shall be reasonably necessary to enforce our Terms of Use or the Privacy Policy, or to respond to claims of violation of third party rights through advertisements, postings or other content; and


  1. to Company’s third party providers who provide goods / services such as contact information verification, payment processing, order fulfillment, customer service, website hosting, data analysis, infrastructure provision, IT services, auditing services and other similar services to enable them to provide the relevant services.



  1. INFORMATION RETENTION


We retain any Personal Information that you may have provided to us, for as long as you avail services through the Site, and for a reasonable time thereafter.


  1. OPT-OUT


Company provides all its users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us or on behalf of our partners. If you want to remove your contact information from all our lists and newsletters, please write to us at hey@exponent.energy with “unsubscribe” as the subject.


  1. COOKIE POLICY 


  1. The Site uses temporary cookies, which are files that your web browser puts on your system when you visit the Site, to store certain information. The information collected through these cookies is used by us for the technical administration of the Site, research and development, and to improve the quality of our services rendered through the Site.


  1. We may use third party cookies to track visitor behaviour and to improve the quality of our services. However, such cookies shall not store any kind of personal information, nor shall such information be disclosed to any third party.


  1. These cookies are intended to be automatically cleared or deleted when the user quits the browser application. You are encouraged to use the “clear cookies” functionality of your browser to ensure such clearing/deletion, since it is impossible for us to guarantee, predict or provide for the behaviour of your system.


  1. The information we collect with cookies is not sold, rented, or shared with any third parties.



  1. SECURITY PROCEDURES


We have implemented basic standard security policies, rules and technical measures, in order to protect any kind of personal sensitive information that we have under our control from unauthorized access. You should know, however, that the Company cannot fully eliminate such risks.


  1. LIMITATION OF LIABILITY 


Under no circumstances shall we be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use the Site or any portion thereof, by any person, including employees and contracted personnel of the Company.


  1. GOVERNING LAW AND JURISDICTION


This Privacy Policy shall be governed by and construed in accordance with the laws of India, without reference to conflict of laws principles. The courts in Bangalore shall have exclusive jurisdiction to determine any disputes arising in relation to, or under, the terms of this Privacy Policy. You agree to submit to the jurisdiction of the courts in Bangalore and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts. 


  1. GRIEVANCE OFFICER 


The name and contact details of the Grievance Officer are provided below: 


Name:  Sanjay Byalal


E-mail ID: grievances@exponent.energy


Phone Number: +91 88675 26699




Terms of Use

Terms of Use

Terms of Use

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (HEREINAFTER 'WEBSITE'). THESE WEBSITE TERMS OF USE (HEREINAFTER 'TERMS OF USE') GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORISED TO REPRESENT (HEREINAFTER 'YOU' OR 'YOUR') SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.


These Terms of Use have been drafted in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of https//:exponent.energy, its subdomains, forums,  and any other products, services and applications.


For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user of the Website by accessing the website through a suitable computer or mobile system, or providing Personal or Non-Personal Information as outlined in the Privacy Policy while accessing the Website using computer or mobile systems. The term "We", "Us", "Our" shall mean Company. Please review our Privacy Policy, which also governs your visit to this Site and is considered to be a part of the Terms of Use by reference, to understand our internal policies and practices. The personal information / data provided to us by you during the course of usage of https//:exponent.energy will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.


Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Company website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. Company reserves the right to refuse You access to the Website if it is brought to Company's notice or if it is discovered that you are under the age of 18 years. By visiting Company Website or accepting these Terms of Use, You represent and warrant to Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use the Website in a manner consistent with any and all applicable laws and regulations.

Company reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

This Website allows the User to surf the Website. Your use of the Website and services and tools are governed by the Terms of Use as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website/ application/forum, You shall be subject to the policies that are applicable to the Website/application/ forum for such transaction. By mere use of the Website/Applications/Forum, You shall be contracting with Company and these terms and conditions including the policies constitute your binding obligations, with the Website/Applications/Forum.


Any services or products that are subject to the terms of a separate agreement, as well as certain specific terms or agreements that may apply to the use or sale of services or products provided to You, but transacted via this website will be accompanied by the applicable Service Agreements or Sales Agreements as the case may be in appropriate forms. These forms include but are not limited to physical copies, notices, hyperlinks, associated announcements, electronic communications such as email or other forms deemed fit by the Company in accordance with the laws of the land.


Exponent may revise and update these Terms of Use at any time. Your continued usage of the Web Site after any changes to these Terms of Use will be deemed as acceptance of such changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice, at the sole discretion of Exponent. Exponent may also change or impose fees for products and services provided through the Web Site at any time, at its sole discretion. Exponent may establish or change, at any time, general practices and restrictions concerning other Exponent products and services at its sole discretion.

Company does not charge any fee for browsing the Website/forum. Company reserves the right to change its Fee Policy from time to time. In particular, the Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.




Company grants you limited rights to access and make personal use of this Website/Applications/Forum, but not to download (other than page caching) or modify it, or any portion of it. These rights do not include any commercial use of this Website/Applications/Forum or its contents; any collection and use of any content, descriptions, or prices; any derivative use of this Website/Applications/Forum or its contents; any downloading or copying of account information for the benefit of a third-party; or any use of data mining, robots, or similar data gathering and extraction tools.


This Website/Applications/Forum or any portion of this Website/Applications/Forum (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose, without the explicit, written, prior permission of the Company.


You must not use the Website/Applications/Forum in any way that causes, or is likely to cause, the Website/Applications/Forum or access to it to be interrupted, damaged or impaired in any way or impacts/impairs or damages the use of or access to the Website/forum/applications by any other user, or the ability of the Company to deliver the necessary services or products to other users.

You may not disguise the origin of information flowing through the website/forum/applications, place false or misleading information on the website/forum/applications.

Our Website/forum/application prohibits the use of language that is racist, hateful, sexual or obscene in nature in any form whatsoever. The Company reserves the right to temporarily or permanently suspend access to the Website/forum/application in the event of a breach of the above condition.

You understand that you, and not Company, are responsible for all electronic communications and content sent from your computer to us and you must use the Website/Applications/Forum for lawful purposes only. You must not use the Website/Applications/Forum for any of the following:for fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam” to cause annoyance, inconvenience or needless anxietyWe reserve the right to initiate action under applicable laws for unauthorised use, exploitation or disclosure of vulnerabilities, content of Website/Applications/Forum, customer information, etc.Outbound Links. The Web Site may contain links to third-party Web Sites and resources (referred to collectively hereinafter as "Linked Sites"). These Linked Sites are provided solely as a convenience to You and not as an endorsement by Exponent of the content of such Linked Sites. Exponent makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Exponent shall not be responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.

Outbound Links. The Web Site may contain links to third-party Web Sites and resources (referred to collectively hereinafter as "Linked Sites"). These Linked Sites are provided solely as a convenience to You and not as an endorsement by Exponent of the content of such Linked Sites. Exponent makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Exponent shall not be responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.



Inbound Links. Linking to any page of the Web Site other than to https//:exponent.energy through a plain text link is strictly prohibited in the absence of a separate linkage agreement with Exponent or any other suitable written, prior permission. Any website or other devices that link to https//:exponent.energy or any page available therein is prohibited from replicating Content,using a browser or border environment around the Content,implying in any fashion that Exponent or any of its affiliates endorse it or its products, misrepresenting any state of facts, including its relationship with Exponent or any of the Exponent affiliates,presenting false information about Exponent products or services, andusing any logo or mark of Exponent or any of its affiliates, without express written permission from Exponent


We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or the content (including product information and/or specifications) on the website or on any third party links that the website might be referring to. While we have taken precautions to avoid inaccuracies in content, this Website/Applications/Forum, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind.You hereby expressly release Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

To the fullest extent permitted by law, these Terms of Use are governed by the internal laws of India and courts in Bengaluru, India will have jurisdiction.

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement for these Terms of Use to be proved by means of a written document.

Additional Terms for e^pump

Additional Terms for e^pump

Additional Terms for e^pump

1. Interpretation:
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1.1 Capitalised terms not defined herein shall have the meaning ascribed to them in the Master Agreement (“Agreement”) executed between the Parties. 
1.2 Reference to statutory provisions shall be construed as meaning and including references also to any amendment or re-enactment (whether before or after the Execution Date) for the time being in force and to all statutory instruments or orders made pursuant to such statutory provisions. 
1.3 Words denoting the singular shall include the plural and words denoting any gender shall include all genders. The words “include” and "including” are to be construed without limitation. 
1.4 Any reference to “writing” shall include printing, typing, lithography, or transmissions by facsimile and other means of reproducing words in visible form, with the specific exclusion of electronic mail and text messages sent via mobile phones. 
1.5 The words “include” and “including” are to be construed without limitation. 
1.6 No provisions shall be interpreted in Favour of, or against, any Party by reason of the extent to which such Party or its counsel participated in the drafting hereof or by reason of the extent to which any such provision is inconsistent with any prior draft hereof. 


‍2. Intellectual Property Rights:

2.1 All products parts, processes, applications, software, technology, works of authorship, inventions, notes, manuals, data and documentation (if any), in relation to the Charging Station, together with all right, title and interest, including any Intellectual Property Rights therein, and other tangible or intangible work product and materials will be the exclusive property of the 1stParty. 2.2 The 2nd Party hereby acknowledges that all Intellectual Property Rights in the Charging Station shall belong solely and absolutely to the 1st Party. The 2nd Party shall not have any legal claim on it and may not use/distribute/reverse engineer/commercially exploit or otherwise cause such Intellectual Property to fall in public domain knowingly or unknowingly, either directly or indirectly. 
2.3 The 1st Party shall grant to the 2ndParty a non-exclusive, royalty free and revocable license to use its Intellectual Property in the Charging Station for any lawful and commercial purpose as contemplated and intended under this Agreement. The 2ndParty shall use the 1st Party’s Intellectual Property Rights only as set forth in this Agreement and solely in order to perform it obligations under the Agreement and shall use the same subject to and in accordance with the prior permission and instructions of 1st Party issued for this purpose. Except as set forth herein, the 2nd Party shall not use the1st Party’s Intellectual Property as part of its own trademarks, service marks or trade names.   
2.4 At the request and expense of the 1st Party, the 2nd Party will sign such documents and do such things reasonably necessary in the opinion of the 1st Party to enable the 1stParty to obtain, defend and enforce its Intellectual Property Rights in the Charging Station.  
2.5 All pre-existing Intellectual Property Rights shall continue to vest with the owner of such Intellectual Property Rights.  For the purposes of the Agreement and these Additional Terms, “Intellectual Property Rights” or “Intellectual Property” means any and all trademarks and services marks, copyrights, design rights, moral rights, patents, patent applications trade secrets, technical know-how, performance rights, database rights, Internet, wireless access points and other new media rights, names, logos and codes, publicity rights, and any and all other intellectual property and proprietary rights of any nature whatsoever that subsist, or may subsist, whether registered/capable of registration or not, in relation to the Charging Station or a part thereof, which exist, or may exist, in any jurisdiction. 


3. Confidential Information:
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3.1 Except with the prior written permission of the 1stParty, the 2nd Party shall not: 
3.1.1 Disclose the Confidential Information to any other person; 
3.1.2 Make copies of the Confidential Information; 
3.1.3 Disclose to any other person the details of this Agreement and the engagement agreed or proposed between the Parties; 
3.1.4 Reproduce, reverse engineer, copy, view, tamper corrupt, access or use the software containing Confidential Information; 
3.1.5 Any reproduction of Confidential Information shall contain all confidential or proprietary legends that appear on the original. The 2nd Party shall not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of 1stParty’s Confidential Information; 
3.1.6 The 2nd Party will promptly upon discovery notify 1st Party in writing in the event of any loss or unauthorized disclosure of Confidential Information. 
3.1.7 The 2ndParty agrees to hold the 1st Party's Confidential Information instruct confidence and to use it only for business purposes (“Purpose”). The 2nd Party agrees to limit the disclosure to those officers, directors, employees and contractors having a need-to- know only for the Purpose and having similar confidentiality obligations imposed upon them; and 
3.2 The 1st Party’s Confidential Information (including any Confidential Information approved for release in writing by the1st Party), intellectual property and other proprietary rights and licenses shall remain the exclusive property of the 1st Party. For the purposes the Agreement and these Additional Terms, “Confidential Information” means any information disclosed by the 1st  Party to the 2nd Party in any form, including but not limited to, prototypes, of information, charts, designs, parts, components, data, business plans, proposals, pitchbooks, research, discoveries, flow charts, reports, ideas, know-how, drawings, technical/financial/operational/business information, trade secrets, customer and supplier lists, computer programs, software, contracts, blue prints, specifications, operating techniques, processes, models, test results, drawings, designs, CAD data, algorithms, firmware, specifications and other details pertaining to motor, motor controller, gearbox, DC-DC converter, charger, battery pack, thermal management systems, rapid charging, contactors, connectors, wiring harness and either components of electric vehicles or charging infrastructures developed, and all derivatives and intellectual property therein. Confidential Information excludes information that (a) was in the public domain prior to the time of disclosure or becomes publicly known without any fault of 2nd Party, or (b) was disclosed by a third person to the 2nd Party without restriction as to use or disclosure, (c) was independently developed by the 2nd Party without the use of or reference to the Confidential Information as evidenced by the 2nd Party's contemporaneous written records, or(d) information that is required to be disclosed to a statutory/regulatory/governmental authority under Applicable Law. 


4. General:
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4.1 The Parties agree that the relationship between the Parties is that of principal and principal only. Nothing contained in the Agreement and these Additional Terms shall be construed or interpreted as constituting an agency, a partnership or employer-employee relation between the Parties.  
4.2 All notices which are required to be given hereunder shall be in writing and shall be sent to the address of the recipient set out in the name clause of the Agreement (either Party may change their respective address or service by giving notice of the change to the other Party). Any such notice may be delivered personally, by commercial overnight courier, facsimile transmission or email. 
4.3 Neither Party shall assign or otherwise transfer the Agreement or Additional Terms or any of its rights and obligations hereunder whether in whole or in part, without prior mutual agreement between the Parties.  
4.4 Failure or delay by either Party to enforce any provision of the Agreement or Additional Terms shall not be deemed a waiver of future enforcement of that or any other provision. 
4.5 The provisions contained in each clause and sub-clause of the Agreement and Additional Terms, shall be enforceable independently of each of the others and if a provision of this Agreement is, or becomes, illegal, invalid or deemed unenforceable by any court or administrative body of competent jurisdiction it shall not affect the legality, validity or enforceability of any other provisions of this Agreement. If any of these provisions is so held to be illegal, invalid or unenforceable, but would be legal, valid or enforceable if some part of the provision were deleted, the provision in question will apply with such modification as may be necessary to make it legal, valid or enforceable. 


5. Jurisdiction and Dispute Resolution:
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5.1 The Agreement and Additional Terms shall, in all respects, be governed by and construed in accordance with the laws of India. 
5.2 Any dispute arising between the Parties out of or in connection with the terms and conditions of the Agreement and Additional Terms shall first be resolved by mutual discussion. 
5.3 In the event the Parties fail to reach an amicable solution within a period of 60 (sixty) days, such dispute shall be referred to arbitration by a sole arbitrator, to be appointed with the consent of both Parties. The arbitration proceedings shall be in accordance with the Arbitration and Conciliation Act, 1996. The venue of arbitration proceedings shall be Bengaluru, Karnataka. The language to be used in the arbitration proceedings shall be English.  
5.4 The Parties hereby agree that the Courts in Bengaluru, Karnataka shall have exclusive jurisdiction.

Battery Software End-User License Agreement

This is a Battery Software end user license agreement (“EULA”) between You and Exponent Energy Private Limited, “Licensor”) in relation to the licensing of the software that runs on the Battery Management System (hereinafter referred to as the “Licensed Application”) to You. You agree to be bound by the terms and conditions set forth in this EULA. If You do not agree to the terms and conditions set forth in this EULA, then You should not use the Licensed Application. By using the Licensed Application and/or the corresponding e^pack (defined below) and/or the corresponding e^pack enabled vehicle, you shall be deemed to have read, understood and accepted to be bound by this EULA.  

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‍1. Limited License to use the Licensed Application: Subject to payment of applicable fees (if any) by You, the Licensor grants You a royalty-free, non-exclusive, limited, non-transferable, revocable, and non-sublicensable license to use the Licensed Application for accessing the Data (defined below) generated from the Licensed Application, in accordance with the terms of this EULA. It is clarified that in the event the e^pack or e^pack enabled vehicle is sold/leased out by You to any end-user, then such end-user to whom the e^pack or e^pack enabled vehicle has been sold/leased out to, shall be bound by the terms of this EULA. It is further clarified that You will be solely responsible to ensure that such end-user is made aware of the existence and exact terms of this EULA.  
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‍2. Limitations: You shall not access, copy, distribute, reverse engineer, reproduce, decompile, disassemble, discover, modify, or create derivative works of the source code, object code, or underlying design/structure, ideas or algorithms of the Licensed Application, whether in whole or in part, including any corrections, enhancements, updates, modifications, customizations, versions, or translations thereto. Except as expressly permitted under this EULA, you cannot distribute the Licensed Application or otherwise use it for commercial use. 
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‍3. Restrictions on the use of the Licensed Application:  

3.1. You shall not, and shall not permit any third party to, access, distribute, time-share, lend, loan or use the Licensed Application, except as expressly permitted by this EULA. 
3.2. You shall not sell, rent, lease, copy, transfer, or assign any part of the Licensed Application to any third-party.
3.3. You shall not use the Licensed Application in order to build a competitive battery or product. 
3.4. You shall not copy, download or republish any part of the Licensed Application in any form or by any means, except as expressly stated herein. 
3.5. You shall not use, or encourage, promote, facilitate or instruct other end-users to use, the Licensed Application for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. 
3.6. You agree not to use the Licensed Application in order to: (i) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a system or a device or data; or (ii) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Licensed Application. 
3.7. You shall not sell or sub-license any Data (defined below) generated from the Licensed Application. 
3.8. You shall not impact or attempt to impact the efficiency of the Licensed Application in any form or method, including the addition or insertion of any hardware to the corresponding e^pack(s) (defined below). 
3.9. You shall not circumvent any copyright protection technology that may be included in the Licensed Application, including features that automatically disable or limit the use of the Licensed Application upon expiration of the license.  
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‍4. Data Sharing: 
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‍4.1. You agree and acknowledge that the Licensed Application will generate data from the e^pack ("Data”). For the purposes of this EULA, “e^pack(s)” refer to those batteries developed by Exponent, that are either (a) sold to You, or (b) form a part of the e^pack enabled vehicles which are sold/leased out to You. 
4.2. Exponent shall unconditionally own all the Data and other information (if any) generated from the Licensed Application, in and to the e^pack. You shall only be permitted to use the Data generated from the Licensed Application that is necessary for using the e^pack enabled vehicle and/or the e^pack. 
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‍5. Data provided on the Licensed Application: You represent and warrant that (a) you are authorized to use the Licensed Application and such generated Data, (b) You are not prohibited to use the Licensed Application by virtue of any contract, agreement, arrangement, understanding, covenant, order, judgment or decree to which or by which You a rebound, (c) You are solely responsible to ensure that your use of the Licensed Application does not violate any applicable central, state, local, or other law,  and (d) You are solely responsible to ensure that all applicable laws in relation to the collection, usage, processing and disclosure of such Data has been complied with.  
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‍6. Use of Data: You are advised to use the Licensed Application only from a secure environment. Any generated Data from the Licensed Application, if shared by You, shall be at your risk.      
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‍7. Intellectual Property Rights:

7.1. All copyright, trademark, patent, design, technical know-how and other intellectual property rights to the Licensed Application, including corrections, enhancements, updates, modifications, customizations, versions, translations orany derivatives thereto, are the sole and absolute property of the Licensor. Your usage of the Licensed Application does not transfer any rights to the Licensed Application, except for the limited license to use the same for accessing Data.  
7.2. The Licensor reserves all rights, title and interest in and to the Licensed Application and any of its solutions, analytical applications and/or products.  
7.3. The Licensed Application, including, but not limited to its text, graphics, logos, along with the button icons, images, scripts and service names (if any) constitute trademarks/trade dress of the Licensor. The trademarks and trade dress of the Licensor shall not be used in connection with any product or service that is not affiliated with the Licensor or in any manner that is likely to cause confusion among end-users or potential users or dilute the rights of or disparage or discredit the Licensor. 
7.4. The Licensor shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into the Licensed Application any improvements, suggestions, enhancement requests, recommendations or other feedback provided by You relating to the Licensed Application.  
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‍8. Limitation and Disclaimer of Warranty:

8.1. You agree and acknowledge that You assume full responsibility for your use of the Licensed Application. 
8.2. The Licensed Application is being provided on an “as-is” basis without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose. 
8.3. Recognizing the risks outlined herein, both parties understand and agree that, to the fullest extent permitted by applicable law, neither party or its affiliates or their respective employees, partners, directors, trustees or shareholders shall be liable to the other party for any indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort, strict liability or any other theory(even if such party had been advised of the possibility of such damages), in relation to this EULA.  
8.4. In particular, the operation of the Licensed Application may be interrupted due to maintenance updates, or system or network failures (if any). However, if Licensor is notified of any interruption or errors in functioning of the Licensed Application, Licensor shall on a best-efforts basis cure such interruption or functional errors, wherever possible.  
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‍9. Confidentiality: The Licensed Application contain information, ideas, data structures, data base models, concepts, designs, methods and processes that constitute the business and trade secrets of Exponent. You shall (a) keep such Licensed Application and information confidential and treat the Licensed Application with the same diligence and confidentiality as your own business and trade secrets, (b) use the Licensed Application as set out in the EULA, and (c) not grant full or partial access to third parties in any way or form or publish the Licensed Application, unless having been given prior written authorization to do so by Exponent. You shall ensure, through appropriate instructions, agreements and other suitable precautions, that all end users of the corresponding e^pack or e^pack enabled vehicle, comply with the obligations set out herein. The obligation of confidentiality shall remain in effect for as long as Exponent has a legitimate interest in the Licensed Application and even after the contractual relationship between the parties has terminated.
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‍10. Indemnification:

10.1. You agree to indemnify, defend and hold harmless the Licensor, and its affiliates, and their respective officers, partners, directors, employees and representatives, from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs, due to or arising out of your failure to comply with this EULA or if any of the representations/warranties/covenants under this EULA are untrue, any fraud or misrepresentation, and/or non-compliance with applicable law. Exponent reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and in such case, you agree to fully cooperate with such defence and in asserting any available defences. 
10.2. The Licensor agreed to indemnify, defend and hold You harmless from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs, due to or arising out of the Licensor’s failure to comply with its obligations under this EULA. You reserve the right, at your own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Licensor, and in such case, Licensor agrees to fully cooperate with such defence and in asserting any available defences.  


11. Termination:

11.1. Where either party has breached this EULA (“breaching party”), such breaching party shall promptly notify the said breach to the other party. Where the breaching party has breached this EULA without knowledge of the same, the other party will notify the said breach to the breaching party. The other party may terminate this EULA if such breaching party does not cure the notified breach of this EULA within 15 (fifteen) days of notification of such breach, as notified by the breaching party.  
11.2. The terms of this EULA shall remain operative and applicable on both parties, with respect to a specific e^pack, till such time such e^pack is in use, as permitted by Exponent.   
11.3. Except for those e^packs already purchased by You, either party may terminate this EULA by providing the other party written notice of 15 (fifteen) days and thereafter You shall be prohibited from using the e^pack, to which such EULA termination relates. The Licensor reserves theright to unilaterally modify, discontinue or withdraw the Licensed Application in whole or in part, with notice to You.  
11.4. The provisions which are by their nature, intended to survive the expiry or termination of this EULA, shall survive the termination of this EULA, including all provisions regarding ownership of intellectual property, indemnification, confidentiality, disclaimer of warranties and limitations of liability, and the provisions of this section. 
11.5. The termination or expiration of the EULA will not limit any of either party's rights or remedies under this EULA or under applicable law.  
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‍12. Changes to the EULA: Licensor reserves the right to make changes to the EULA at any time on mutually acceptable terms, and will duly discuss such changes with You.
 
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‍13. Severability: If any part of this EULA is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be
deemed to be superseded by a valid, enforceable provision that most closelymatches the intent of the original provision and the remainder of the EULAshall continue in effect. 
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‍14. Governing Law and Dispute Resolution: This EULA shallbe governed by and constructed in accordance with the laws of India, withoutreference to conflict of laws principles. The courts in Bengaluru, India shallhave the exclusive jurisdiction to determine any disputes arising in relationto, or under this EULA. 
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‍15. Third Party Service or Content: Third parties are solely responsible for any third-party service or content hosted in and along with the Licensed Application. To that extent, Exponent disclaims any warranty with regard to such third-party service or content, including the availability of such services and content in the country where You are located.
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‍16. Support and Upgrades:  

16.1. Principle: Your rights to access and benefit from any upgrades and support related to the Licensed Application is depending upon the type of license afforded to You. Your access to such upgrades and support maybe: (a) included in the license; (b) absent by default from the license, in which case access to upgrades and support may be specifically subscribed for a specific Licensed Application, providing payment of the applicable fees; or (c) included in the license for a limited term only when specified, in which case it can be renewed as a specific Licensed Application by paying the applicable fees, if any. 
16.2. Upgrades: Exponent may provide upgrades to the Licensed Application, including modification or discontinuation of certain functionalities of the Licensed Application, at its sole discretion, upon the following terms and conditions: (a) You may continue to use the previous version of the Licensed Application together with such upgrade provided that both are used within the same e^pack or e^pack enabled vehicle, as the case may be, subject to the compliance of such EULA terms of the previous version of the Licensed Application; (b) Subject to the type of license afforded to You, You may refuse to accept an upgrade, it being specified however that (i) certain functionalities of the Licensed Application may be restricted and (ii) Exponent shall have no further obligation to provide support on any previous versions of the Licensed Application, but may at its sole discretion provide limited assistance; (c) Unless Exponent provides other applicable terms and conditions specific to the use of such upgrade, the terms and conditions of the EULA shall continue to apply. If amended terms and conditions of the license are provided with such upgrade, such new terms and conditions shall apply upon the use of the upgraded Licensed Application. If no amended terms and conditions of the license are provided, this EULA shall continue to apply. 
‍16.3. Exponent shall have no further obligation to provide assistance, upgrades and/or support on the Licensed Application when this EULA has been terminated, unless the parties agree otherwise.

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Product

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