Terms of Use

1. GENERAL

Thank you for visiting/accessing our website – [add website] and the mobile application (collectively referred to as “Platform”). The Platform is operated by Hueristic Devices, a company that provides app-based testing solutions for portable water and soil testing and test data management. Testing solutions offered are chemistry-based colorimetric and titrimetric tests, and probes. With the data flow and data management toolkit you can access testing information in real-time, and share with collaborating teams. Data flows are customizable for access permissions, alerts, maps, reports and dashboards, and can be integrated with user data, storage and security systems. (“we”, “our”, “us” which expression shall, unless it be repugnant to the context or meaning thereof, include our successors and assigns).

2. TERMS

All visitors to and users of our Platform are advised to read and understand these Terms of Use and Privacy Policy (collectively called “Terms”) carefully.

Upon your consent, these Terms constitute a legal and binding electronic contract between Hueristic Devices and you for access, use of the Platform and availing our Offerings (as explained subsequently). They describe the terms on which we offer you access and use of the Platform, provides you goods and services, and such other services as are incidental and ancillary thereto.

By visiting or using the Platform, including without limitation to (i) access, use, and/or download information, data, text, software or images, or other content from the Platform (collectively the “Content”), (ii) send messages, information, data, text, software or images, or other Content to the Platform, (iii) otherwise use, access or purchase any of the services, or (iv) purchase any of the products and/or services available for sale on the Platform, you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by these Terms for each use of and each visit to the Platform. If you do not want to consent to the Terms, we request you not to use or access the Platform for any purpose.

We reserve the right to amend the Terms herein, in whole or in part, from time to time and provide notice to you upon such amendment. Your continued use of the Platform, post any update to the Terms would mean acceptance on your part to the amendments made herein. If you do not agree to such amendments, you must contact us at info@hueristic.dev . The amended Terms shall be made available on the Platform promptly, and hence, you are required to review the Terms periodically to keep yourself aware and up to date.

These Terms include:

[PSA: Enable here a tick-box which states – I understand that the Terms of Use contained herein along with its constituent Privacy Policy (hyperlink this here) govern my use and/or access of the Platform and availing Hueristic Devices Offerings as a lawful contract, binding and enforceable on me, and I hereby accept and consent to be governed by these Terms of Use.]

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3. ELIGIBILITY OF USERS

  • Age and contracting ability: You must be above 18 years of age, and competent to contract in terms of the Indian Contract Act, 1872. By accessing, using, or performing any other activity on the Platform, you hereby agree and represent that you are either of legal age and competent to enter into a contract under the Indian Contract Act, 1872, or you have the permission of your parent and/or guardian to do so.

  • If you are accessing or using the Platform as or on behalf of a legal entity, you represent that you are duly authorized by the legal entity, to accept these Terms and you have the authority to bind that legal entity to these Terms.

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4. HUERISTIC DEVICES OFFERINGS

We manufacture and sell soil and water testing kits, e-coli kits and provide related services for testing and report generation, including data integration services (collectively “Hueristic Devices Offerings”).

4.1 Hueristic Devices kits and reagents:

  • Our testing kits enable testing of various parameters of water and soil.

  • They combine proven colorimetric science with the computing abilities of the smartphone so that you can track, monitor and manage water and soil quality on site, in situ, rapidly and efficiently. The testing kits use the camera and flash of your smartphone to detect a colour change created by certain specific reagents. The colour change is compared to a series of calibrated colours and a suitably interpolated result is displayed.

  • Our testing kit workability is dependent on 3 components: your calibrated smartphone, Hueristic Devices kit and reagents. You are responsible for the operation and calibration maintenance of the smartphone, and we shall not be liable or responsible for any outcome, result or data derived using our kits and reagents if the smartphone is dysfunctional or malfunction or outside manufacturer warranty or otherwise and as such no warranty for fitness of use or efficiency is made by us for smartphones used by you. In the alternative, we also offer you pre-calibrated smartphone which you can purchase on the Platform. The warranty and usability of such smartphone will be that of the manufacturers, and we only ensure that the same is calibrated for Hueristic Devices Offerings. We shall not be liable for any product defect or liability claims for the purchased smartphones.

  • Test kit consists of reusable materials along with a bag which comes with 6 month warranty. Test reagents are one-time use reagent which have shelf life as indicated on product label, which you must peruse carefully. We also provide containers, alignment stickers, measuring accessories, instructional guides, and a user manual/guide along with the testing kit.

4.2 How to use?

  • In order to have access to all sections of the Platform and Hueristic Devices Offerings, you will be required to register on the Platform. Registration is a one-time process and is free of cost. For this, you will be required to create a unique user ID and password. You must ensure that the unique ID and password are at all times kept confidential, and not disclosed to any third party without your free consent.

  • During registration, you will be required to provide your contact information, e-mail address, telephone number, address, payment information (card details) if required, and other information as relevant. You are responsible for all activities that occur through your account and consequence thereof. If there is reason to believe that there is likely to be breach of security or misuse of your account, or breach of your privacy, we have the right to suspend it without any liability for such duration as we deem fit.

  • You undertake that the ID and password shall be used by you or anyone who is authorized by you. Where someone else logs in using the unique ID and password, we will deem such person is authorized by you to access your profile, process your personal information, and is of legally competent age.

  • Further, in case you register on behalf of a legal entity, you represent that legal entity and (a) you have the authority to bind the entity to these Terms; (b) the address you use when registering is the registered address of the legal entity and (c) all information submitted to us during the registration process is true, accurate, current and complete.

  • Once you have registered and purchased our kit and reagents, you are all set to conduct the testing using your smartphone. After the test is completed, the results as well as other data findings shall be provided to you on the Platform using a personalized dashboard. Results shall include parameters on which you required water and/or soil testing to be conducted. Details of how the test works, technical details and other related services are provided in the user manual which forms an integral part of these Terms.

4.3 Accessing through Social Media?

You may access the Platform and avail Hueristic Devices Offerings using social media accounts, in which case these terms along with terms of use and privacy policy of respective social media shall also be applicable to you. Further, we shall not be responsible for any kind of transmission, publication of any of your information on any such social media.

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5. PAYMENT

  • Most of the services on the Platform are on a paid basis and if you desire to avail them, you agree and acknowledge that you will have to make the requisite payment for testing kits and reagents on the Platform for direct purchases from us.

  • Our testing kits and reagents can be purchased directly on the Platform, or from third-party aggregators or distributors, in which case, you are urged to carefully peruse the terms and conditions as well as privacy policy of such third-party aggregators or distributors. We are not responsible for any additional terms and conditions or any conflicting term that a third-party aggregator or distributor may require you to comply with for purchasing our kits and reagents, and in all such instances, you shall be deemed to be acting as an independent principal with full information and knowledge of what you are signing up for.

  • Any payment made for availing Hueristic Devices Offerings must be in Indian Rupees. We will not facilitate transaction with respect to any other form of currency on the Platform. Before shipping/delivering your order to you, we may require you to provide supporting documents and information as we deem essential to fulfil our obligations under these Terms including verifying your address, and establishing the ownership of the payment instrument used by you for your purchase.

  • We accept payments using third party payment gateways and service providers as made available on the Platform from time to time. The payments made by you through the Platform is facilitated through third-party payment service providers. Upon payment of the price for Hueristic Devices Offerings or undertaking to pay for them (in case of cash on delivery), the testing kits and reagents shall be delivered to you. As stated earlier, certain services on our Platform such as personalized dashboard, results and other data integration services on the Platform can be accessed and used after purchase of Hueristic Devices Offerings have been completed, and to this extent, you may be required to provide certain information about completed transactions on the Platform or on any third-party aggregator/distributor platform. You will be responsible for payment of all fees/costs/charges associated with the purchase of Hueristic Devices Offerings and you agree to bear any and all applicable taxes.

  • We shall not be responsible or assume liability in respect of any loss or damage directly or indirectly arising to you due to lack of authorization for any transactions, payment issued, pre-set limits with banks, declined transaction, etc. While third part payment service provider processes payment transactions, they are privy and process your personal information, and such processing will be solely their responsibility and we are not liable for any breach or harm or unauthorized use of personal information of any kind by such payment gateway service provider.

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6. EXCHANGE

The testing kit can be exchanged with another kit within 15 days of purchase subject to non-functionality of reader/calibrated phone if purchased on the Platform and not otherwise, or if there were damages to the kit at time of arrival of product. Regents can also be exchanged within 15 days of purchase only if there is any leakage at the time of receipt of the reagents.

  • How will exchange work? We maintain records of when the testing kit and reagents are dispatched and delivered at our end, which shall form the basis for computing the 15 days exchange timeline. Where you choose to exchange, you will be required to provide us with certain information such as reason for exchange and necessary proof as may be required on the Platform such as screenshots, or photographs that substantiate the grounds for exchange.

  • We reserve the rights to update the exchange conditions from time to time. Except for the circumstances mentioned herein, testing kit and reagent once purchased cannot be exchanged.

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7. RETURN AND REFUND

No refund is applicable after one month of purchase. However, if the testing kit and reagents [or calibrated phones purchased on the Platform] do not function as per terms contained in these Terms and the user manual, and are not physically damaged you could return them within 1 month of purchase date. Upon such return request, the customer will need to send the kit to our registered office, and after we have evaluated the extent to which the kits and reagents have been used, we shall consider processing refund of purchase price up to 40 % of the amount. However, if the reader has been damaged, or the reagent has been leaked, you must seek for exchange, and if you do not, we shall not be responsible for providing any refund whatsoever.

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8. USER CONDUCT

You agree that:

  • you have reviewed and understood the Terms including the Privacy Policy and expressly consented to the terms therein;

  • you will immediately notify us of any unauthorized use of the Platform by any person using your device or your details or any other breach of security;

  • you will not decompile, reverse engineer, or disassemble the Content

  • you shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform;

  • you shall not use the Platform to use or share any information on the Platform that:

    • belongs to another person and to which you do not have any right to access or use;

    • is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

    • harms minors (i.e., below 18 years of age) in any way;

    • infringes any patent, trademark, copyright or other proprietary rights;

    • violates any applicable law for the time being in force;

    • is deceiving or misleading to any message or communication addressee about the origin of such messages or communicates information which is grossly offensive, menacing, or illegal in nature;

    • impersonates another person;

    • contains software viruses, or other computer codes, files, programs, malwares, bugs, Trojans, designed to interrupt, destroy, limit the functionality of any computer resource or hack, gain illegal access, or steal data and information on computer resource; and/or

    • threatens the unity, integrity, defence, security, or sovereignty of India, its friendly relations with foreign states, or public order, or causes incitement to commission of any offence or prevents investigation of any offence, or is insulting of any nation.

  • you are accessing and using the Platform and/or the Hueristic Devices Offerings at your sole risk and are using your best and prudent judgment for the same;

  • the terms of agreement with your respective mobile network provider or internet service provider shall apply while accessing the Platform; as a result of this, you may be charged by the concerned mobile network provider or internet service provider for using network connection, and you agree to pay such charges, as applicable, when you access the Platform;

  • we may update, revise, modify, delete, amend, or withdraw any feature, Content, options, page, data hosted on the Platform without any prior notification to you, and you hereby consent to the same; and

  • you are availing Hueristic Devices Offerings with your free consent and with full knowledge of the inherent limitations.

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9. DATA PROTECTION & PRIVACY

Your personal information supplied to us while using the Platform or availing Hueristic Devices Offerings shall be used by us in accordance with our Privacy Policy. You must review our Privacy Policy which forms an integral part of these Terms before you continue to use or access the Platform.

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The Platform may contain links to other third-party websites that are not maintained by us. These links are provided solely for your convenience, and you access them at your own risk. We make no warranties or representations about the contents, the services provided or the information offered in such third-party sites. Consequently, we cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in sites linked to this Platform.

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11. INTELLECTUAL PROPERTY RIGHTS

  • Our IP: The Platform, its Content and materials, any content in the user manuals including, but not limited to description of Hueristic Devices Offerings, the software services offered through the Platform, programs & codes, designs and drawings, images, text, illustrations, icons, photographs, flowcharts, graphs, statistics, names, logos, design marks, slogans, clips, sounds, any other audio or video clip, trademarks, geographical indications, copyright, patents, technology, know-how and any other written and other proprietary information (including page layout, or form) that are part of the Platform/Contents/user manual (“IP”) is owned and solely vests with us or our affiliates or contracting third parties. Any IP provided to you under these Terms is on a limited, non-assignable or non-sub licensable basis, solely for personal and non-commercial use. You hereby agree and undertake that except as provided in the Terms, you shall not use or deal with the IP in any other manner whatsoever and specifically, you shall not use, access, distribute, modify, copy, transmit, display, reproduce, license, create derivative works from, transfer, reverse engineer, or deal otherwise with the Content.

  • How to use it? To make it expressly clear, we grant you a limited right to access and make personal use of the Platform and to temporarily download the Content for personal, noncommercial viewing only. The said right does not allow you to download, copy, use or access the IP in any manner whatsoever for the benefit of another entity/person, intermediary, or similar platform as ours, or any use of the Content for data mining, or similar data gathering and extraction tools. Any attempt to decompile, or reverse engineer, or to remove any proprietary declarations such as copyright, trademark from IP, is strictly prohibited and will be considered as unauthorized use of IP and we shall have the right to seek appropriate remedy under applicable law including deregistering you from the Platform, seeking injunctive relief and other such remedies.

  • This clause shall survive the termination of these Terms.

12. DISCLAIMER OF WARRANTIES

Hueristic Devices Offerings and specifically the software services provided on or through the Platform are provided on “as is” and “as available” basis. We take adequate measures to safeguard our customers’ interests and the quality of the services provided as part of Hueristic Devices Offerings; however, and except as otherwise stated at paragraph 4 for testing kits and reagents, we do not make any representation or warranties in respect of any Hueristic Devices Offerings, its constituent services or the Platform whatsoever for efficiency, quality, fitness to use, merchantability, or any other warranty. This clause shall survive termination of these Terms.

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13. LIMITATION OF LIABILITY

In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from the (i) use or the inability to use the Platform and/or Hueristic Devices Offerings for no fault of ours, (ii) unauthorized access to or alteration of your transmissions or data, (iii) any unauthorized, indecent, defamatory, false, seditious content uploaded or posted by anybody else, including audio-visual content infringing any third party’s intellectual property rights, or (iv) any consequence which is not caused by any action or omission on our part. This clause will survive termination of these Terms.

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14. AVAILIBILITY OF PLATFORM

We will use reasonable efforts to make the Platform available at all times. However, you acknowledge that the Platform and/or Hueristic Devices Offerings may not be available due to reasons outside our control such as, without limitation, while under maintenance, limited internet or connectivity due to the services rendered by mobile service provider, etc. In such an event, you shall not hold us liable, including but not limited for any direct or indirect loss.

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15. INDEMNITY

You agree to indemnify and hold us and (as applicable) our affiliates, partner organizations, officers, directors, agents, and employees, harmless from all losses, liabilities, claims, demands or expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon), asserted against or incurred by us that arise out of, as a result from any breach or non-performance of any term herein by you, or your violation of any law, or violation of the rights of a third party These obligations will survive any termination of these Terms.

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16. TERMINATION

We reserve the right to suspend or terminate your access and use of the Platform, or any Hueristic Devices Offerings if we believe, in our sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically. If we terminate access to the Platform, or any Hueristic Devices Offerings, we may, at our sole discretion, delete any and all of your content or other related data, information and materials and we will have no liability to you or any third party for doing so.

This clause shall survive the termination of these Terms.

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17. GOVERNING LAW AND DISPUTE RESOLUTION

The present Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any action related to matters on this Platform as well as Hueristic Devices Offerings shall be brought in the appropriate courts of Bangalore. This clause shall survive the termination of these Terms.

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18. SEVERABILITY & WAIVER

In case of non-compliance of these Terms, we reserve the right to take necessary action including but not limiting to termination of the Terms, and appropriate legal actions. Our failure to enforce any right or provision under these Terms will not be considered as waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining clauses of these Terms will continue to be binding and remain in effect. These Terms constitute the entire agreement between you and us regarding use of the Platform and the Hueristic Devices Offerings, and supersede and replace any prior agreements we might have with you. This clause shall survive the termination of these Terms.

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19. CONTACT US

If you have any questions about these Terms, please contact us at info@hueristic.dev or write to use at *___ [add address].