INTRODUCTION 

This document is an electronic record which is published in accordance with the provisions of the Information Technology Act 2000 and the rules framed thereunder and generated by a computer system and does not require any physical or digital signatures. Terms of Use (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Alphadroid’s website at www.Alphadroid,io (the “Site”) including but not limited to the delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the “Services”). 

These terms of use (“Terms”) govern your use of the Platform, and for the purpose of these Terms the Company may wherever context so require, be also referred to as, “Alphadroid”, “We”, ”Us”, or “Our” and the terms “You”, “Your” or “User” refer to the user of the Platform. We value the trust you place in us. That’s why, we maintain reasonable security standards for securing the transactions and your information. 

 Please read these Terms carefully before you use our services. If you do not agree to these Terms, you may not use the Services (defined hereinafter) on the Platform. By even merely using/accessing the Platform, you shall be contracting with Alphadroid and you signify your Acceptance to these Terms and other policies (including but not limited to the cancellation & refund terms of the Company and published privacy policy as posted on the Platform and amended from time to time, which takes effect on the date on which you use the Platform. Further, by furnishing your personal information & details, you consent to Alphadroid accessing your personal information for the purpose of rendering the Services (as defined below), you also agree that you are interested in availing the Services through the Platform in accordance with these Terms.     

Alphadroid bears an unconditional & exclusive right to modify or amend these terms & conditions from time to time as and when it seems essential without any notice. You should regularly review the Terms of this website each time you access the website. Your continued use of and access to the platform shall be your consent to such changes. In the event the modified Terms are not acceptable as per you, you should discontinue accessing the platform. 

 SERVICES  

Our range of services includes: – 

1. Robot as a Service.
2. 3D Avatar as a Service.
3. In Restaurant Advertisement. 

 We acknowledge that the platform allows you to use a personal, limited, non-exclusive, non-transferable, and revocable privilege to access and use the Platform for the purpose of availing our subscription-based services i.e.  Service Robots [collectively, “Product(s)”], 3D Avatar services & advertisement services from our Company & promptly and efficiently responding to your queries or issues relating to the services availed by you, using the Platform. The service robots provided by our company will be for business purposes only which one can avail by purchasing our subscription plans as per the requirements. Our product is not made for the purpose of resale. 

Our subscription model is an easy to pay flexible model for small, medium, and large-scale businesses which has a very versatile pay structure. The Customers can purchase the services as per their requirements which can range from a few hours during an event, exclusively for weekends, to availing the services on monthly basis. The Customers can also purchase more than one plan at a particular period due to the flexibility of our business model. For availing the services, one must subscribe to one/any of the plans which is being offered by the company. Our service model has different tariffs for customers with different needs. For getting a detailed idea about our different tariff plans, one can visit our Pricing Page. 

Some of the factors which should be kept in mind while subscribing to our services are: – 

• Based on the Subscription Model purchased by the Client, the ownership on the product will be defined.  
• Any Software that is required/ any other requirement for the operation of the robot can be accessed during the contract period from the service providers.  At the end of the contract, the customer’s data will be removed. (Customer can back up their data if needed) the data cannot be claimed by customer. To know for how long Alphadroid retain the customer’s personal information, kindly go through for our Privacy Policy. 
• At the end of the contracted/ subscription period, the customer needs to return the Robot back to Alphadroid, undamaged. If any parts of the robot are found to be missing, altered or damaged, the customer will be responsible for the damages and the loss will be recovered from the customer (which happens to the restaurant here). 
• During the contract period, Alphadroid will provide support and repairs for the robot at no additional cost. To remove any doubt, repair and support are free of charge for hardware or software failures. However, integration with restaurant systems will be charged by the company separately.  
• Any Customer-induced damages (for example – due to water spills, physical damage, damage due to mishandling, not maintaining cleanliness, not properly charging the robot before using it, not providing Wi-Fi access, not doing proper pest control where the robot will be placed, lost or theft of the Robot due to negligence, damages due to violation of any recommendation ) are not covered, and the customer will be invoiced for the repair and shipping/ transportation costs.  
• The Company will provide only one time transportation facility that too at the time of delivery of the Robot. After the end of the subscription period, it will be the responsibility of the customer/ restaurant to deliver the Robot back properly & safely to Alphadroid. 
• The customer is not allowed to make any modifications to the robot’s hardware. 

 

TRAINING 

The tech training relating to handling the robot, taking proper precautionary steps, how to charge the robot will be provided either online or at the customer premises and they must make all the necessary adjustments, so that the representative can provide them the training properly and accurately. No additional cost is charged by the company for providing the tech training. 

SUBSCRIPTION FEE & SUBSCRIPTION TERM  

1. The Subscription Plan refers to the plan you chose from our service offerings. The user can go to our website and check our different service models based on their requirements and can place the orders with us. 

2. The Subscription Fees must be paid by the subscriber/customer at the time of placing an order with the company for availing the services. The amount specified for each Subscription Plan are exclusive of applicable taxes and other charges. 

3. The Subscription term will be for the time the customer has subscribed to purchase our subscription services commencing on the date of purchase of our services after making payment till the end of the subscription plan.  

4. Unless credit terms have been expressly agreed by the service provider (ALPHADROID), payment for the Products or services, other applicable taxes (gst, vat, sales tax etc.), insurance fee & security fee shall be made in advance before physical delivery of Products or services.  

5. Alphadroid will be using third party payment gateways to process and facilitate the payment of the Subscription Fee. On successful completion of the payment to the Subscription Fee, the Subscription Plan subscribed by the Customer will become active and will be granted access to it as part of the Services availed by you. In certain cases, post completion of the payment to the Subscription Fee, your service activation may be delayed due to operational reasons. 

 

COMMUNICATION  

The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails/ newsletters. You also agree that all the notices, disclosures, agreements, and other communications we provide to you electronically meet the legal requirements that such communications be in writing. 

 

 CANCELLATIONS & REFUND POLICY 

The customers/subscribers can cancel the subscription of the service robots by contacting us via customer support. Alphadroid has different cancellation and refund policy for different service model.  

• For the Customer availing the Robots on day-to-day basis, there is no cancelation & refund policy applicable to them. 
• For the Customer availing the Smart & Enterprise pack, the cancelation and refund policy is subject to certain terms and conditions. 
• The Customers can avail the Robot on a trial basis for a period of up to 7 days. If the customer cancels the subscription within 7 days, after deducting the service & logistic charges, the amount will be refunded back by the company to the customer within the time specified for the refund. Should they cancel the subscription after 7 days, the payment becomes non-refundable, and the customer will be charged for the whole time they have subscribed to the services. 

RESTRICTIONS ON USE 

The Company owns and holds all the rights for the information, contents, audio, video, logos, and trademarks contained in this Website. Any reproduction, modification, creation of derivate works, distribution, transmission, copying, selling, displaying, publishing, or using any of the information, contents, audio, video, logos, and trademarks contained in this Website for any purpose whatsoever, whether electronically or otherwise, without the prior written permission of the Company is strictly prohibited. Any violation of this provision would be strictly dealt with. You may download material displayed on this Website for your personal use only, if you also retain the clauses pertaining to all copyright and other proprietary notices contained in the materials.
User acknowledges and affirms that he/she shall not: 

1. Engage in fraudulent, abusive, or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any use.  

2. Use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity. 

Although Alphadroid may, from time to time, monitor or review any facilities, if established or otherwise offered at the Website for discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, Alphadroid is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Alphadroid will fully cooperate with any law enforcement authorities or court order requesting or directing Alphadroid to disclose the identity of anyone posting any such information or materials. 

 CONFIDENTIALITY  

• Confidential information – Both the parties agree to use each other’s confidential information that we have received in the course of the business to use only in relation to the services, and not to disclose the information without the prior written consent, except i) where it is required by law or regulation or by any professional body of which we or our staff are members, or ii) where it is necessary to our legal advisors or insurers.   

However, we may give the confidential information to our relevant service providers if they are bound by confidentiality obligations, and to your advisers who are involved in the relevant matter. The obligations to keep the information received in connection with the contract confidential shall remain in legal effect for 3 years after receipt of such confidential information. The above mentioned will not apply to any such information which: – 

      (a) is already available in public domain, or  

      (b) has been received from someone else who owes no duty of    confidence in relation to it. 

      (c) was already known by the receiving party before even disclosing it. 

• Referring to you and the services – We may wish to refer to you and the services we have performed for you when marketing our services, we and they may also wish to use your name, company’s logo when citing our experience in proposal documents. You agree that we and they may do so, if we do not disclose your confidential information. 

• Performing services for others – You agree that we may perform services for your competitors or other parties whose interests may conflict with yours, provided we do not disclose your confidential information to them, and we comply with our ethical obligations we committed, and no conflict of interest arises.  

 

 SEVERABILITY 

These terms, our Privacy Policy, any additional terms that accompany our Services, any amendments, and any additional agreements you may enter with us shall constitute the entire user agreement between you and us with respect to our Services and supersede all prior oral or written communications, proposal, and representations with respect to our services or any other subject matter which is covered by these terms. If any provision of these Terms is deemed to be invalid, illegal, or unenforceable (in whole or in part), then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.  

WAIVER 

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. 

JURISDICTION, GOVERNING LAWS & DISPUTE RESOLUTION  

The terms and conditions of this website shall be governed by and construed and enforced in accordance with the Laws of India. Subject to the other provisions in this clause courts in Uttar Pradesh shall have exclusive jurisdiction over all issues arising of this terms or use of these services. 

If any dispute, controversy, or claim arises under or in relation to any Services provided by Alphadroid or its platform, including any question regarding the existence, validity, or termination of the T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Alphadroid may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Uttar Pradesh and the language of this arbitration shall be English. Either you or Alphadroid may seek any interim or preliminary relief from a court of competent jurisdiction Uttar Pradesh necessary to protect the rights or the property belonging to you or Alphadroid, pending the completion of arbitration. Any arbitration shall be confidential, and neither Alphadroid nor you may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between both the parties. In all arbitrations, each party will bear the expense of its own lawyers and preparation.  

 TERM AND TERMINATION  

1. Term And Termination: The subscription to services will continue until it is terminated by either of the parties. The parties to the agreement may terminate it by contacting each other either through an email or via telephonic conversation. Either party may terminate a Subscription service upon a notice in writing if the other party materially breaches any terms or the applicable Use Authorization for the affected service.  

2. Effect Of Termination of Subscription Service: Upon termination of the subscription services for any reason, Customer shall stop using and Alphadroid shall stop providing the Subscription service. After the termination of services, all the rights granted to the customers will be terminated. If the Subscription services are terminated by Alphadroid for customer’s breach due to non-payment, violation of recommendation, and breach of any navigation the customer shall pay all the remaining amounts for the Subscription term applicable to the subscription service within 5-7 days following the effective date of termination. 

3. Return Of Customer Data:  Alphadroid shall provide all the Customer Data in its standard database export format to Customer upon Customer’s written request and at no additional cost to Customer, provided that Alphadroid receives such request from Customer within thirty (30) days following the expiration or termination of the Subscription Service (including any Transition Subscription Service term, if applicable). If Alphadroid has not received a request within the time the foregoing time frame, Alphadroid shall have no obligations to maintain or provide any customer data and shall thereafter, unless legally prohibited, have the right to delete all Customer’s data in its systems or otherwise in its possession or under its control and delete all customer’s instances of the subscription service.  

NOTICE.  

Except as otherwise provided herein, all the required notices which are to be sent shall be in writing and deemed to be given upon (a). Personal delivery; (b). When received by the addressee if sent by a recognized courier (receipt requested); (c). The second business day after mailing; or (d) the first business day after sending by email with confirmation of receipt, except that email shall not be sufficient for notices regarding a claim. Notices shall be sent to the parties as set forth on the letterhead or as subsequently in writing. 

FORCE MAJEURE. 

Neither of the party shall be liable or responsible to the other party , nor be deemed to have defaulted under or breached the terms & conditions, for any failure or delay in fulfilling or performing any of the terms ( except customer’s failure to pay amounts owed when due), when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including without limitation , strikes, lockouts or other industrial disputes, war, terrorism, riot, acts of God, export ban, explosions, earthquakes, epidemics or similar events, natural disasters or extreme adverse weather conditions( each a Force Majeure Event). The party suffering a Force Majeure shall use reasonable efforts to mitigate against the effects of such events. 

THE WEBSITE 

The access to this website is free of cost, however we do not guarantee the user that the website and its content on it will be available without any interruption. We may suspend, withdraw, discontinue, update or change all or any part of the content available on the website without any notice and it will be the sole responsibility of the viewer to go through the website and check the content and information available on it from time to time. The website and its contents are available for general information purpose only. Any kind of material downloaded or otherwise obtained through your use of this Website is done at your own risk and you are solely responsible for any kind of damage done to your computer system or device or any loss of data that results from downloading the materials or information available on the website. 

INTELLECTUAL PROPERTY OWNERSHIP 

 Alphadroid alone shall own all right, title, and interest, including all related Intellectual Property Rights, relating to the Content and the Services provided by it and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The name, the logo, and the product names associated with the services are Trademarks of Alphadroid solely, and no right or license is granted to use them. You may use this material for personal and non-commercial purposes in accordance with the principles governing intellectual property laws. Any other use or modification of the content of the Company’s web site without the Company’s prior written authorisation is prohibited. 

TARIFF, SUBSCRIPTION FEES, OTHER CHARGES AND PAYMENTS.  

1. Prices and Taxes. Any tariff, activation charges, Subscription Fees, security fees, insurance fees or other charges shall be payable by the Subscriber in accordance with the tariff plans and associated offers that may be introduced by the Company from time to time in accordance with the applicable law. Company shall reserve the right, without any previous notification to the Subscriber, to change the prices, including increase the prices or modify the current plans and offers. Subscriber must visit the Company’s Website from time to time for the updated prices, tariff plans and offers. Subscribers shall be entitled to only those discounts, credits or refunds as expressly authorised by Company. Unless otherwise specified by the Company, the Subscriber is solely responsible and liable for payment of all taxes, duties, levies, and charges imposed by or under any applicable law in connection with the company’s Services. For further details about our product & tariffs kindly go through our Pricing Page.
2. Payments. All the Services provided by the company are pre-paid services and therefore, the Subscriber/customer must pay the subscription fees and/or any other charges to the Company before availing any of the services from the Company. In addition to the Subscription Fee, the Company reserves the right to charge the Subscriber/customer additional amounts, including integration with restaurant system, transportation cost, insurance cost and other offers, packages and additional services provided or associated with the Services. All transactions between the Company and the Subscriber shall be done through the account which will be maintained with the Company. The Subscriber shall pay all dues in full, without any deduction, set-off or withholding in respect of the Services provided by the Company.
3. Due Date and Non-payment. All the payments shall be made in full before or by the due date for availing the services. Any delay in the payments beyond the due date will result in suspension of the services as deemed fit by the Alphadroid. All the payment shall be accepted according to the modes available or and via bank transfers, mobile money, QR codes, and payment instruments such as credit, debit, and other non-cash payments.  
4. Other Terms. While availing any of the payment modes available on the Website, we are and shall not be responsible for any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: 

• Lack of authorization for any transaction/s, or 
• Exceeding the preset limit mutually agreed by You and between banks. 
• Any payment issues arising out of the transaction, or 
• Decline of transaction for any other reason/s. 
• All payments made against the purchases/ subscription on Website by you shall be in the Local Currency only. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases/subscriptions made on Website. 
• Before providing you our Robot for services on subscription, Alphadroid may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof or any other document) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online purchasing environment to our Users. 

Please do not share Your debit/credit card number, CVV number, OTP, UPI/ATM pin and other sensitive information with anyone claiming to be a Company representative. Company or its authorised representatives will NEVER ask you to share the aforesaid details. Beware of fraudsters and please report incidents immediately to your bank, the nearest police station and at https://cybercrime.gov.in/. 

Please exercise caution to verify the portals/website links claiming to be Alphadroid or a lookalike or a payment link shared over social media or a social messaging apps claiming to be Alphadroid’s discounts or offers and proactive calls from unauthorised numbers requesting for personal/financial information. 

INDEMNITY. 

The Subscribers and/ the Customer agrees to defend, indemnify and hold harmless the Company, its affiliates, its parent company, officers, directors, employees and agents, from and against any and all the claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from the Subscriber’s and/the Customers use of and access to the Service, Subscriber’s and/or User violation of any term of the our Services or any third party right, including, without limitation, any copyright, property, or privacy right. The indemnification obligation will survive the termination of the Alphadroid Services or the usage of the Services by the Subscriber and/the Customer. The Subscriber and/the Customer agrees that where two or more persons constitute the Subscriber and/the Customer, their liability shall be joint and several. 

VIRUSES 

We do not guarantee that the Website will be totally secure or free from bugs or viruses.You will be responsible for configuring your information, computer, and any other platform to access the Website and we recommend that you use your own virus protection software. 

You must not misuse the Website by knowingly introducing viruses, trojans, or other materials which is malicious or technologically harmful and must not attempt to gain unauthorised access to the Website or the server on which the Website is stored, or any server, computer or database connected to the Website. In the event of such a breach, your right to use the Website will cease immediately and necessary actions will be taken to report any such breach to the relevant law enforcement authorities.  

CONSENT TO USE DATA 

You may agree that we may in accordance with our Privacy Policy collect and use your personal data. The privacy policy is available at our website, and it explains the categories of personal data that we collect or otherwise process about you and the way we process such data. Subject to applicable laws we may be directed by law enforcement agencies or the government and related bodies to disclose the data in relation to you in connection with criminal or civil proceedings. You understand and agree that in such circumstances we shall have the right to share such data with relevant agencies or bodies. 

LIMITATIONS OF LIABILITY 

1. EXCEPT FOR LIABILITY ARISING FROM A WILLFUL OR INTENTIONAL BREACH OF CONFIDENTIALITY CLAUSE OR FROM A BREACH OF PROPRIETARY RIGHTS CLAUSE TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL WE, OUR AUTHORIZED REPRESENTATIVES, OR OUR THIRD-PARTY SUPPLIERS OR SUB-CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, OTHER SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY SORT, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE, ARISING FROM OR RELATED TO THE WEBSITE OR THE USE OF THIS WEBSITE.  

YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT, OR INTENTIONAL, INADVERTENT OR ADVERTENT.  

SURVIVAL 

If any provision or provisions of these Terms of Service shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. 

CHANGES TO TERMS OF SERVICE AND ASSIGNMENT 

We may, from time to time, change the Terms of Service. Such revisions shall be effective immediately. It is hereby advised you to continuously keep on visiting the website to know the recent changes which will be made on the terms of service. 

THIRD-PARTY CONTENT 

The Websites may contain links to websites and other materials made available by third parties (collectively, “Third Party Content”). If you use such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Content. 

Third Party Content may be protected by applicable copyrights, database rights, trademarks, patents, designs, trade secrets or other proprietary rights and laws generally applicable. Nothing in your use of the Websites or these Terms grants you any right, title or interest in or to this Third-Party Content except for the limited right to use the Websites as set out in these Terms. 

We neither control nor endorse, nor are responsible for, any Third-Party Content and we make no representations or warranties with respect to them. The availability of any Third-Party Content through the Websites does not imply the endorsement of, or affiliation with, any provider of such Websites or materials. Your use of any Third-Party Content is at your own risk and is subject to any terms, conditions and other policies and laws applicable to them (such as terms of service or privacy policies of the providers of the Third-Party Content). 

CONTACT INFORMATION 

You agree to provide to and maintain with us your current email address, your current mobile phone number, your current mailing address, and all other account information, including your current credit card or debit card information or such other payment method information as we may accept from time to time. For any queries regarding the product, its availability, or any other concern, you can reach us at hello@alphadroid.co.uk . 

GRIEVANCE REDRESSAL 

 We recognise the value and importance of proper discussion in preserving our harmonious relations with our customers. Every possible effort shall be made by the Company to dispose of any grievance or complaint made by the customers at the lowest possible level as expediently as possible. We shall ensure that your complaint is resolved within the timeline specified by the applicable laws. 

You may contact our designated grievance redressal officer with any complaints or queries relating to the services or these terms through registered post or an email at hello@alphadroid.co.uk . 

FEEDBACK 

Alphadroid encourages Customer to provide suggestions, proposals, ideas, recommendations, or other feedback regarding improvements to our services and related resources. To the extent Customer provides such feedback, Customer grants to Alphadroid a royalty-free, fully paid, sublicensable, transferable, non-exclusive, irrevocable, perpetual, worldwide right to make, use, sell, offer for sale, import the feedback without restriction.