These terms and conditions (the “Terms & Conditions”) apply to you (“you” or the “Customer”) when accessing and using the LUCY Home smart application and its content (the “Application”) and constitutes a binding agreement between you and Indusfly Technologies Private Limited , India company having registered office at A 100, Sector 65 Noida(“LUCY”, “we” or “us”).
By checking the acceptance box and proceeding to use the Application you agree to these Terms & Conditions. You do not have right to use the Application without accepting these Terms & Conditions. These Terms & Conditions also apply to any content you download from and services you access through the Application.
The Application is compatible with certain third party products and/or services. These Terms & Conditions do not apply to the use of such third party products and/or services. Separate terms and conditions may apply between you and the provider/manufacturer of the third party product and/or service in addition to these Terms & Conditions when using the Application in conjunction with such product/service.
The Application is only available to users who are  or over. You represent and warrant that you have the necessary legal competence, eg. that you are of that legal age, to accept these Terms & Conditions and enter into a binding agreement. If you don’t have such necessary legal competence, you confirm that you have received your parent’s or guardian’s permission to use the Application and that your parent or guardian hereby agree to the Terms & Conditions on your behalf.
If you are entering into these Terms & Conditions as an individual or on behalf of a company or an organization, you represent and warrant to LUCY that you have the right and authority to do so. When the Terms & Conditions are entered into with a company or organization you present, “you” or the “Customer” means that company or organization, as applicable.
These Terms & Conditions shall apply to the fullest extent permitted by applicable law (including mandatory law). LUCY reserves the right to change these Terms & Conditions at all times. We will notify you by providing a notice through the Application. If you do not agree with the new Terms & Conditions you are free to reject them but unfortunately you will then no longer have the right to use the Application. If you use the Application in any way after a change to the Terms & Conditions you agree to the new version of the Terms & Conditions.
The Application is made for the sole purpose of operating LUCY products that are compatible with the Application and sold by LUCY or LUCY retailers (collectively the “LUCY Home Smart Products” and each an “LUCY Home Smart Product”).LUCY will continue to develop the Application and reserves the right to make any type of changes to the Application, including changes in functionality. Changes may affect hardware and software that are integrated with the Application. LUCY also reserves the right to stop providing the Application. We will try to notify you before making any material changes to the Application; unfortunately this is not always possible. The Application and all intellectual property rights in it are the property of LUCY of Indusfly Technologies, and LUCY and its licensors retains all rights, title and interest in and to the Application and any updates we may make available to you. We may, from time to time, restrict access to certain features, functions or content of, or services accessible through, the Application to users who have registered with us.
Subject to these Terms & Conditions, LUCY hereby grants you a non-transferable, non-exclusive, worldwide and perpetual right (without the right to sublicense) to perform, display and use the Application, as provided to you by LUCY, on a device that can access Google Play and solely for i) your lawful private, personal and non-commercial use of operating the LUCY Home Smart Products if you are a consumer or ii) non-commercial use of operating the LUCY Home Smart Products if the Customer is a company or organization. Notwithstanding the foregoing, the license includes, when applicable, a family group and family members whose accounts are joined together for the purpose of creating a family group.You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the Application to that de-vice. You accept responsibility, in accordance with these Terms & Conditions, for all access to, and use of, the Application by you on any device, whether or not it is owned by you You are allowed unlimited reinstalls of the Application without any additional fee, provided that if the Application is removed from Google Play store due to (a) an allegation of infringement, or actual infringement, of any third party intellectual property right; (b) an allegation of, or actual violation of, third party rights; or (c) an allegation or determination that such product does not comply with applicable law then the Application will be removed from all portions of Google Play store and you will no longer have a right or ability to reinstall the Application. You represent and warrant and agree that you will not use the Application in a manner that violates applicable law or infringes on any third parties’ rights and that you will not use the Application with other products than the LUCY Home Smart Products. If you use the Application in a manner that violates the Terms & Conditions LUCY may limit or terminate your access to the Application. As part of using the Application, you may create connections between various LUCY Home Smart Products and the Application. You acknowledge and agree that you will not connect any physical devices or third party services to the Application, or otherwise use the Application, in a manner that could be dangerous to you or to others, or which could cause damage to any property. We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the Application or that the Application will respond at a certain speed (since this depends on a number of factors outside our control). Any questions, complaints or claims with respect to the Application shall be di-rected to LUCY. Our contact details are, Support@globallucy.com or Toll free No. Any questions or complaints regarding the LUCY Home Smart Products shall be directed to the LUCY retailer from which the LUCY Home Smart Product was purchased. The contact details of the LUCY retailer can be found at www.globallucy.com/
THE APPLICATION IS PROVIDED AS A STANDALONE APPLICATION SERVICE AND SHALL NOT BE CONSIDERED AN INTEGRATED PART OF ANY LUCY HOME SMART PRODUCTS OR ANY THIRD PARTY PRODUCT OR SERVICE. A DEFECT IN, OR UNAVAILABILITY OF, THE APPLICATION SHALL IN NO EVENT BE INTERPRETED AS A DEFECT IN ANY LUCY PRODUCT.THE APPLICATION (INCLUDING ALL CONTENT IN AND AVAILABLE THROUGH THE APPLICATION) IS PROVIDED FREE OF CHARGE AND “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND INCLUDING FOR FUNCTION, AVAILABILITY, FITNESS OR USE FOR A PARTICULAR PURPOSE. LUCY DOES NOT LIMIT OR EXCLUDE ITS LI-ABILITY FOR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUDULENT MISREPRESENTATIO N, BREACH OF ANY TERM IM-PLIED BY THE CONSUMER RIGHTS ACT 2015 WHICH UNDER APPLI-CABLE LAW MAY NOT BE LIMITED OR EXCLUDED, OR FOR ANY OTHER KIND OF LIABILTY TO THE EXTENT NOT CAPABLE OF BEI-ING LIMITED OR EXCLUDED UNDER APPLICABLE LAW. IN NO EVENT WILL LUCY BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY INCIDENTAL, CONSEQUEN-TIAL, DIRECT OR INDIRECT DAMAGES, OR LOSS OF DATA, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE AP-PLICATION. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES UNDER MANDATORY LAW, THE LIMITATION AND EXCLUSIONS LISTED IN THIS SECTION MAY THERE-FORE NOT APPLY TO YOU IN ITS ENTIRETY.
You acknowledge that certain service of Lucy Smart Home is based on software or services provided by a third party. Such service is set to facilitate your application and necessary legal authorization is obtained from the third party.The product includes certain information and services of the third party. Lucy Smart Home neither controls nor bears responsibility over the data being shared/used by the third party. You acknowledge that Lucy Smart Home cannot guarantee that the licensed software always uses or contains such services, or that other software provided by the same third party will be used in future. Likewise, it may use similar services supplied by another third party. Upon application, the aforesaid corresponding software or services are subject to this Agreement
You may not assign, delegate or transfer these Terms & Conditions or your rights or obligations hereunder, in any way (by operation of law or otherwise) without LUCY’s prior written consent. We may transfer, assign, or delegate these Terms & Conditions and our rights and obligations without consent.
That after perusing the contents, the client/customer/user agrees and undertakes to indemnify Company from any claim of loss/damage/injury as suffered by him being incontrovertibly unintentional on the part of the Company
If any provision of these Terms and Conditions is to be held invalid or unenforceable by any competent court, authority, arbitral tribunal or alternative dispute resolution board, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law.
Any disputes regarding the interpretation or application of these Terms & Conditions shall be governed by the law of the country and shall be exclusively settled by the courts of Noida, Uttar Pradesh.
These Terms and Conditions were adopted by LUCY, India