Agnik International Private Limited AutoHealth End User License Agreement (EULA)

This agreement is between you, the end user, and Agnik International Private Limited (Agnik). By using the AutoHealth device, the user app, website, data, documentation, and associated services, you are agreeing to being bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, you may not use the product or services.

License Terms & Conditions

The Licensed System

The System consists of AutoHealth Licensor, Agnik, LLC’s utility patents 7,715,962, 8,478,514, patent application 14/586,952, 61/922,092, and other patents pending on car health report generation, vehicle maintenance history, battery health reporting, fuel level reporting (if supported), and DTCs. Agnik’s copyrighted mobile app for the use of those processes and related functions; and compilations of vehicle and user data are proprietary to Agnik or its licensors. The entire system, including the mobile app, website, device, documentation, data mining algorithms, screen displays, and reports are protected by the Indian copyright laws. You have no ownership rights in the System. Rather, you have a license to use the System as long as this Agreement remains in full force and effect.

Your Use of The System

Permitted use. Provided you have purchased a valid license. This Agreement permits you to use the System on a non-exclusive basis for personal, reference, or business purposes, all as further set forth later in this Agreement. You may use the System for personal usage, as instructed in the documentation to perform its designed functions only for the purposes authorized by this Agreement.

Legend. Any System output provided to a third party must include the following credit and copyright notice: Copyright AGNIK. All Rights Reserved. You may not remove, alter, or conceal any copyright or trademark notices appearing on any System output.

You understand and agree that the trademarks, trade names, service marks, copyrights, and other proprietary rights of Agnik are and shall remain the sole and exclusive property of Agnik, and that you will not hold yourself out as having any ownership rights thereto. You further agree that you will make no use of such rights except as provided in this Agreement.

Prohibitions on Use

No Commercial Use. You do not have the right to sell, or to reproduce or distribute for sale, any part of the System or output of the System alone or in combination with any other text, data, software, or graphic matter.

No Interactive Use. You do not have the right to combine the System interactively with the operation of other software unless licensed to do so by Agnik.

Territory. You do not have the right to ship or use the AutoHealth hardware outside India without Agnik’s prior written authorization. Agnik will terminate the services if you use the AutoHealth device outside India.

No Modifications or Decompilation. You have no right to modify the System in any way, incorporate any part or product of it into a compilation or create any derivative work. You may not reverse engineer, decompile, disassemble or otherwise access source code or the logical structure and contents of the System database.

No Third Party/Service Bureau Use. You may not (a) permit any third party to use the System or transfer, disclose, or otherwise make available the System to any third party, (b) use the System in the operation of a service bureau. You agree to secure and protect the System in a manner consistent with the maintenance of Agnik’s rights therein and to take appropriate action by instruction or agreement with the other users under your account who are permitted access to the System to satisfy your obligations hereunder.

No Ownership of Vehicle Data. You agree that Agnik remains the sole owner of AutoHealth, all representations and derivatives of AutoHealth, and reports generated from the vehicles using AutoHealth.

No Copies. Copying the System, any portion of the System, or any of the printed materials accompanying the System is strictly prohibited.

No Malicious Intent. You shall not use AutoHealth for any malicious purpose including but not limited to working for a competing business(s) or agency as determined solely by Agnik.

No Unlawful Use or Objectionable Content. You shall not use the AutoHealth in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Software and its components or infringes on the rights of another party. You shall not use the AutoHealth device and/or the AutoHealth Website including the AutoHealth App to uncover data without the user’s consent. You agree to indemnify Agnik for all liabilities for such unlawful usage. You also agree to reimburse Agnik  for any costs that Agnik incurs resulting from your unlawful usage of AutoHealth. You shall not modify, adapt or hack any protected (encrypted or compiled) parts of the App, or otherwise attempt to gain unauthorized access to those parts or its related systems or networks. You undertake not to promote any material including product reviews  that are unlawful, threatening, abusive, malicious, defamatory, profane, false, materially inaccurate, or otherwise objectionable. You will not reproduce, publish, or distribute content in connection with the App that infringes any Agnik’s or any other third party’s trademark, copyright, patent, trade secret, publicity, privacy, or other personal or proprietary right. Agnik offers no assurance that Your use of the AutoHealth App under the terms of the EULA will not violate any law or regulation applicable to You.

Review Rights. Users may post reviews and comments about the AutoHealth branded product at autohealth.in or any other third party website as long as they are factually correct. Users do not have any rights to reproduce and distribute photographs of the AutoHealth user interface in any form whatsoever. Agnik reserves all rights to terminate any user account if Agnik decides any review to be factually incorrect or inappropriate in its sole discretion and pursue all possible options under the court of law. Agnik reserves all rights to remove any review or related material that it deems inappropriate at its sole discretion.

If you do post review content or submit material at https://autohealth.in/ or any other third party website regarding AutoHealth and unless we indicate otherwise, you grant Agnik a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Agnik and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Agnik for all claims resulting from content you supply. Agnik has the right but not the obligation to monitor and edit or remove any activity or content. Agnik takes no responsibility and assumes no liability for any content posted by you or any third party.

We do not share any of your account information with any third party unless you explicitly give us permission to do so.

All rights not specifically granted by this Agreement are reserved by Agnik.

Warning, Warranties, Disclaimer

Limited Hardware Warranty.  If AutoHealth is directly purchased from AutoHealth website, Agnik warrants that the Onboard Hardware (a) conforms to Agnik’s written specifications for the product; and (b) is free from material defects in material and workmanship. Incorrect: (i) storage; (ii) installation; (iii) use; (iv) maintenance, (v) service; or (vi) repair by Distributor/Reseller/End-User, or any form of alteration, misuse, abuse or accident affecting the Hardware, may interfere with confirmation of original condition and therefore (whether or not there is actual interference) voids the warranty. Agnik or Agnik’s authorized supplier/Agnik’s authorized Distributor shall not be liable under this warranty if the Purchaser knew of any failure of a product to conform to specifications prior to purchase.

Warranty Claim. Any hardware-related claim, if applicable, under the warranty shall be made within the shorter of: (a) actual inspection of Hardware following delivery; (b) a reasonable time to complete inspection of Hardware following delivery; or (c) ninety (X) days from shipment date. To make a claim, End-User must: (a) notify Agnik in writing within the shorter of the times stated in the preceding sentence, specifying in detail the nature of the warranty claim; and (b) permit Agnik to inspect and test the product claimed to be defective. A claim made after the warranty period is not covered by any warranty.

Remedy.  Agnik’s liability under any hardware-related warranty is limited to Agnik’s choice of replacing or repairing that was the subject of a timely and proper warranty claim and which Agnik determines did not conform to the warranty. Agnik will return to sender any product returned without obtaining prior authorization and RMA number or otherwise not covered by the warranty. This remedy is applicable only to the hardware directly purchased from Agnik, not from a Reseller/Dealer/Distributor/hardware purchased from any other party.

Non Transferable. The hardware-related warranty is not transferable. Hardware warranty is applicable only to the AutoHealth hardware directly purchased from Agnik not from a Reseller/Dealer/Distributor/ AutoHealth hardware purchased from any other party.

THE ABOVE WARRANTY IS EXCLUSIVE AND CONSTITUTES AGNIK’S SOLE LIABILITY AND END-USER’S SOLE REMEDY REGARDING ANY CLAIMED NONCONFORMANCE OF PRODUCT AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER WARRANTY OF QUALITY, FUNCTION, PERFORMANCE, OR OTHERWISE, WHETHER EXPRESS OR IMPLIED. AGNIK DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THERE IS NO WARRANTY THAT EXTENDS BEYOND THE DESCRIPTION OF THE FACE HEREOF. No personnel or representative of Agnik is authorized to make any warranty about a product. Oral or written statements by any Agnik personnel or representative, including via email, do not constitute a warranty, do not bind or obligate Agnik, shall not be relied on by End-User, and are not part of these terms. The entire agreement of the parties is embodied in this writing. End-User acknowledges it has not relied on any warranty or representation by any person or entity except for the warranties or representations specifically stated herein. This however is not applicable to the hardware not directly purchased from Agnik. For such units the End-User should contact the Seller.

Agnik does not provide warranties on items acquired from others, even if acquired with Agnik’s assistance. Unless otherwise agreed in writing, downtime is not a breach of this Agreement by Agnik and will not entitle the End-User to any refunds or credits.

Disclaimer of Warranty on Onboard and Web Portal Software. Neither Agnik nor its licensors warrant the completeness or accuracy of the results of the AutoHealth Software, or that its use will meet your needs or be uninterrupted or error-free. PROVIDED THAT END-USER HAS A VALID LICENSE, AGNIK GUARANTEES THAT FOR A PERIOD OF X DAYS FROM THE DATE OF SALE TO USE THE SOFTWARE OR THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW IT WILL PERFORM SUBSTANTIALLY AS DESCRIBED IN THE AUTOHEALTH USER MANUAL POSTED UNDER YOUR WEB PORTAL ACCOUNT; IN THE EVENT THAT THE SOFTWARE FAILS TO COMPLY WITH THIS GUARANTEE, AGNIK WILL ISSUE UPDATES/PATCHES TO THE  SOFTWARE AT NO COST TO THE END-USER. THIS GUARANTEE IS VOID IF FAILURE OF THE SOFTWARE RESULTS FROM ACCIDENT, ABUSE OR MISAPPLICATION. THE END-USER AGREES THAT THE ABOVE GUARANTEE IS THE SOLE GUARANTEE IN RELATION TO THE SOFTWARE AND ANY SUPPORT SERVICES.

WHILE AUTOHEALTH TECHNOLOGY MAKES EVERY EFFORT TO COLLECT ALL THE DIAGNOSTIC INFORMATION FROM THE VEHICLE, IT MAY NOT ALWAYS REPORT ALL THE HEALTH-ISSUES OF THE VEHICLE.  AMONG OTHER THINGS, AUTOHEALTH MAY NOT REPORT SOME MANUFACTURER-SPECIFIC VEHICLE HEALTH ISSUES THAT TURN ON SOME OF THE VEHICLE DASH BOARD LIGHTS. AUTOHEALTH REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT INTENDED FOR USE IN VEHICLE REPAIRS WITHOUT CONSULTATION WITH A QUALIFIED TECHNICIAN. NEITHER AGNIK NOR ITS LICENSORS, RESELLERS, OR SUBSIDIARIES ARE RESPONSIBLE FOR ANY ACTIONS YOU MAY TAKE ON ANY VEHICLES. YOU SHOULD ALWAYS CONSULT A QUALIFIED TECHNICIAN BEFORE PERFORMING ANY REPAIR OR MAINTENANCE OPERATION ON A VEHICLE. AGNIK IS NOT RESPONSIBLE FOR ANY REPAIR THAT YOU DO ON YOUR VEHICLE BASED ON THE ISSUES AUTOHEALTH REPORTS FOR YOUR VEHICLE.

AGNIK IS NOT RESPONSIBLE FOR (A) DELAYS IN DELIVERY, INSTALLATION OR PROVIDING THE SERVICE, NO MATTER WHO CAUSED THE DELAY. ANYTHING OUTSIDE AGNIK’S REASONABLE CONTROL OR RESULTING FROM END-USERS’ BREACH; OR AN ITEM ACQUIRED FROM A THIRD-PARTY DIRECTLY ACQUIRED BY THE END-USER AND USED IN CONJUNCTION WITH AGNIK’S SERVICES. END USER ACKNOWLEDGES THAT ONBOARD HARDWARE IS A WIRELESS DEVICE AND THAT AGNIK CANNOT COLLECT SOME DATA (SUCH AS GPS DATA) USING THE ONBOARD HARDWARE ONCE IT TRAVELS BEYOND A CERTAIN RANGE. THE DELIVERY OF THE AUTOHEALTH ANALYTICS FROM THE IN-VEHICLE ONBOARD HARDWARE TO THE WEB PORTAL MAY ALSO GET DELAYED BECAUSE OF THIS. THE SOFTWARE SERVICES ARE DEPENDENT ON THE COVERAGE AREAS OF WIRELESS NETWORKS OWNED AND OPERATED BY THIRD PARTIES. COVERAGE AREAS ARE APPROXIMATE AND DO NOT COVER SIGNIFICANT PORTIONS OF NORTH AMERICA. ACTUAL CAPACITY, SYSTEM AND EQUIPMENT UPGRADES, REPAIRS, MAINTENANCE, MODIFICATIONS, RELOCATION, TERRAIN, SIGNAL STRENGTH, STRUCTURAL CONDITIONS, WEATHER AND ATMOSPHERIC CONDITIONS, GOVERNMENTAL REGULATIONS, OTHER ACTS OF GOD, AND OTHER CONDITIONS THAT ARE BEYOND AGNIK’S CONTROL. END-USER UNDERSTANDS THAT AGNIK AND THE UNDERLYING CARRIER CANNOT GUARRANTY THE SECURITY OF THE WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE APP’S SERVICES.

THE SERVICES MAY NOT BE AVAILABLE IF THE HARDWARE IS IN ENCLOSED SPACE, IN BUILDING, BETWEEN BUILDINGS, OR UNDERGROUND. THE SERVICES ARE DEPENDENT ON THE AVAILABILITY OF THE INTERNET, WHICH IS OWNED AND OPERATED BY AND ACCESSED THROUGH THIRD PARTIES. AGNIK DOES NOT WARRANT THAT THE RECEIPT OF DATA AND OTHER CONTENT FROM THE AUTOHEALTH HARDWARE WILL BE UNINTERRUPTED, OR THAT THE TRANSMISSION OF DATA AND OTHER CONTENT FROM AGNIK TO THE END-USER OR AGNIK’S SITE WILL ALWAYS BE TIMELY OR COMPLETE. END-USER ACKNOWLEDGES THAT NEITHER THE AUTOHEALTH HARDWARE NOR THE SOFTWARE SHALL PREVENT OR DETECT ALL VEHICLE PROBLEMS, OR GUARANTEE THAT AN END-USER VEHICLE WILL NOT BREAK DOWN OR GUARANTEE THAT THE END-USER (S) WILL NOT INCUR VEHICLE REPAIR BILLS. END-USER ACKNOWLEDGES THAT THE AUTOHEALTH HARDWARE SHOULD NOT BE USED IN LIEU OF A VEHICLE WARRANTY OR STANDARD VEHICLE MAINTENANCE. END-USER ACKNOWLEDGES THAT AUTOHEALTH HARDWARE DOES NOT DETECT FAILURES IN INTERNALLY LUBRICATED PARTS AND SYSTEMS NOT MONITORED BY YOUR VEHICLE‘S COMPUTER. END-USER ALSO ACKNOWLEDGES THAT AUTOHEALTH APP ONLY MONITORS A SUBSET OF THE VEHICLE SYSTEMS. IN THE EVENT THE AUTOHEALTH HARDWARE OR THE SOFTWARE IS NOT ACTUALLY AVAILABLE OR IS NOT FUNCTIONING PROPERLY, A PARTICULAR MAKE/MODEL OF VEHICLE, AGNIK SHALL HAVE THE RIGHT TO REFUSE TO PROVIDE A REPLACEMENT AUTOHEALTH DEVICE OR SERVICE.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE SOFTWARE IS LICENSED “AS IS”. AGNIK DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AGNIK DOES NOT WARRANT THAT THE SOFTWARE OR ANY EQUIPMENT, SYSTEM OR NETWORK ON WHICH THE SOFTWARE IS USED WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK.

NO CONSEQUENTIAL DAMAGES. ALL AUTOHEALTH ANALYTICS, REPORT, AND VISUALIZATION SHOULD BE USED FOR INFORMATIONAL PURPOSE ONLY, AS A TOOL FOR DECISION SUPPORT. MOST OF THE CAR HEALTH DATA GENERATED BY AUTOHEALTH IS BASED ON A COLLECTION OF POWERFUL ONBOARD VEHICLE DATA MINING TECHNIQUES, USING INDIAN GOVT’s MANDATED OBD-II PROTOCOL. THE AUTOHEALTH HARDWARE AND SOFTWARE ONLY READS THE DATA FROM THE OBD-II PORT OF A VEHICLE AND SENDS IT TO THE AUTOHEALTH WEBSITE/APP USING THE WIRELESS MODEM BUILT-IN THE AUTOHEALTH DEVICE. IN ANY CASE AUTOHEALTH CANNOT WRITE TO THE VEHICLE COMPUTER SYSTEM OR CAUSE ANY DAMAGE TO THE VEHICLE. WHILE AUTOHEALTH MAKES EVERY EFFORT TO MAKE THE RESULTS AS ACCURATE AS POSSIBLE, THE PERFORMANCE OF THESE ALGORITHMS DEPENDS ON VARIOUS ISSUES SUCH AS AMOUNT OF DATA ANALYZED, ITS QUALITY, AND THE TECHNIQUES THEMSELVES. SOMETIMES, JUST LIKE THEIR HUMAN COUNTERPARTS, DATA ANALYSIS TECHNIQUES MAY PRODUCE RESULTS THAT MAY NOT BE CORRECT. BAD SENSORS MAY ALSO REPORT INCORRECT DATA. YOU SHOULD ALWAYS VERIFY EVERY ITEM IN THE REPORTS WITH QUALIFIED TECHNICIANS. IN NO EVENT SHALL AGNIK OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, VOIDED VEHICLE MANUFACTURER’S OR ANY  OTHER PARTY’S WARRANTY FOR YOUR VEHICLE OR ANY VEHICLE PARTS AND OR LABOR, LOSS OF REVENUES OR PROFITS, ANY INCURRED COST RESULTING FROM THE USE OF AUTOHEALTH HARDWARE OR SOFTWARE EVEN IF AGNIK OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Restrictions. This warranty does not apply if the System (a) has been altered, except by Agnik or as authorized herein, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Agnik,(c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is licensed, for beta, evaluation, testing or demonstration purposes for which Agnik does not receive a payment of purchase price or license fee.

PAYMENT FOR SERVICES AND CANCELLATION BY CUSTOMER

If you have purchased the AutoHealth services at a cost, you authorize Agnik to charge the payment method (e.g., credit card, bank account etc.) that you have selected at the service purchase page on a recurring basis as per the price plan you selected during the service purchase. If you have purchased AutoHealth from a third party website, your services may include basic services from the date of shipment. In those cases, you can renew your services at the renewal rate available to you at the time of renewal by directly paying to Agnik. In case you want to cancel your AutoHealth software services, you need to give at least (X) days of prior notice by directly contacting Agnik. You are responsible for any charges incurred prior to service cancellation. Upon cancellation of your account, Agnik will stop billing any future recurring payment. All Prepaid services are not refundable.

TERMINATION AND TRANSFER

Agnik may terminate this Agreement at any time for any reason, including, but not limited to, if Agnik finds that you have violated any of the terms of this Agreement or that you have attempted to exceed the licensed uses in any way. Termination will be effective upon written notice to you. Upon termination of this Agreement you agree to promptly return all copies of the System, documentation and other materials furnished to you or made by you, including unauthorized copies. Termination is in addition to and not in lieu of any other remedies available to Agnik. All provisions relating to property rights shall survive termination. You are not authorized to transfer your rights under this Agreement.

OTHER

This Agreement contains the complete understanding between the parties and supersedes and replaces any prior or contemporaneous agreement or understanding, whether oral or written, with respect to its subject matter. This agreement may be modified by Agnik only. Any Modification to this Agreement will be posted here. This Agreement shall be governed by the laws of India, applicable to agreements wholly executed and wholly performed in India. Any action relating to this Agreement shall be brought in federal or state court in India and the parties consent to the personal jurisdiction of either such court.

INDIAN GOVERNMENT RIGHTS IN COMMERCIAL SOFTWARE

Use, duplication or disclosure by the Government is subject to restrictions set forth in the commercial computer software license agreement under which the software is delivered by Agnik. AutoHealth is a property of Agnik Group of Companies/Agnik LLC/Agnik International Pvt Ltd, an Indian Company registered under the Companies Act, 2013.