TERMS OF SERVICE
This terms of service explains the terms of services of Innoeye, LLC. ("NetVelocity") on www.NetVelocity.net (the "Website") and with respect to NetVelocity's mobile application (the "Application") (collectively referred to as "the Services"). It describes terms of services of using NetVelocity and associated with you for using these services.
You must not use any of our websites in any way that causes, or may cause, damage to our websites or impairment of the availability or accessibility of our websites; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without Netvelocity's written consent.
All materials included in the Services, including, without limitation, text, images, graphics, software, text files, reports, performance information, performance data, metrics, scoring or similar information about wireless networks, carriers, products and/or services and the selection and arrangement thereof (“Content”) are or may be proprietary property of NetVelocity or its licensors. Unless expressly permitted by written agreement with NetVelocity or the applicable owner, you may not copy, sell, trade, modify, distribute, publish, publicly display or create derivative works of the Services or any Content. Except to the extent that the provisions of this clause are expressly prohibited by applicable law, you may not reverse engineer, decompile, replicate, or otherwise attempt to derive source code of (or the underlying ideas, algorithms, structure or organization of) the Services or any Content. Without limiting the foregoing, you may not reproduce, share, distribute, publish, link to or otherwise use or reference Content (including derived performance information) for commercial gain without a written license agreement from NetVelocity.
If you receive written permission from NetVelocity to use Content containing Netvelocity reports, content, or information for a non-commercial article (e.g. a scholarly, informational or news article) (“Document”), you will:
- Not allow any third party to reproduce, distribute, publish, link to or otherwise use or reference such Netvelocity reports, content, or information (in whole or in part) without the third party obtaining prior written consent from NetVelocity. and
- Prominently include a statement in your Document that uses the following source information and terms:
The trademarks, service marks, trade names, domain names, logos and other brand elements (the “Trademarks”) used and displayed on or in the Services are registered and unregistered trademarks or names, in the United States and/or other countries, belonging to Netvelocity or their respective owners. Nothing in the Services shall be construed as granting, by implication or otherwise, any license or right to use any Trademark used or displayed on or in the Services without the express written permission of Netvelocity or the Trademark owner.
You may not remove, obscure or alter any proprietary rights notices, such as copyright or Trademark notices, contained on or in the Services or any Content.
Subject to all the terms of the Agreement, and only if and for so long as NetVelocity chooses to make any such software available to you, NetVelocity grants to you a non-transferable, non-exclusive, personal, royalty-free license to use any software made available to you as Content. You may not sublicense this right to any other person or entity.
Except as expressly permitted by NetVelocity, any access or attempt to access non-public or subscription areas of the Services or NetVelocity servers for any purposes is prohibited. You agree that you will not (a) use any robot, spider, other automated means or manual process to “screen scrape,” monitor, “mine” or copy pages included in the Services or any Content therein, without NetVelocity’s express written permission, (b) spam or send unsolicited email to any other user of the Services for any reason, (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services, or (d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services.
RESPONSIBILITY OF YOU
We, at NetVelocity, take great measures to provide you with the best experience you can have while using the Service. However, NetVelocity has no control over the conduct of any user, and disclaims all liability in this regard. Users are advised to carefully and thoroughly consider whether or not to make public or available any information and carefully examine all necessary details related to any communication with other users prior to any engagement or communication being made. It is your responsibility to ensure that your use of the Application to post content or communicate with other users is compliant with all applicable laws, rules, and regulations.
Our websites and services are provided ‘as is’ without any representations or warranties, express or implied. Netvelocity makes no representations or warranties in relation to our websites or the information and materials provided therein.
Without prejudice to the generality of the foregoing paragraph, NetVelocity does not warrant that:
- Netvelocity Mobile application will deliver this information in true, complete or non-misleading
- Netvelocity mobile version support of features will be consistent across platform
- Netvelocity websites will be constantly available, or available at all
- Netvelocity websites’ information is complete, true, accurate or non-misleading
- Netvelocity mobile version will support all current and future version of operating systems
Netvelocity can voluntarily decide to support/remove any platforms going forward without any notifications to users. Netvelocity can update or remove features of mobile and web versions.
Nothing on any of our websites and mobile application constitutes, or is meant to constitute, advice of any kind.
LIMITATIONS OF LIABILITY
Netvelocity will not be liable to you or anyone in relation to the contents of, or use of, or otherwise in connection with, our websites , mobile application and related services :
- For any direct , indirect, special or consequential loss.
- For any losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
- These limitations of liability apply even if Netvelocity has been expressly waived off these condition of the potential loss.
- Information is provided for recreational purposes only.
You agree to defend and indemnify Netvelocity, its affiliates and their respective licensors and suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, brought by third parties as a result of (a) your breach of the Agreement, (b) your violation of any law or the rights of a third party, or (c) your use of the Services.
COPYRIGHTS & TRADEMARKS
The trademarks, names, logos and service marks (collectively ‘trademarks’) are registered and unregistered trademarks of Netvelocity. Nothing contained on these websites and mobile application should be construed as granting any license or right to use any trademark without the prior written permission of NetVelocity.
If NetVelocity organizes the operation of the Services within a different framework, or through another legal structure or entity, or if NetVelocity is acquired by, or merged into or with another entity, or if NetVelocity enters bankruptcy, provided however, that those entities agree to be bound by the provisions of this policy, with respective changes taken into consideration.
These terms and conditions shall be governed in all respects by the laws of the India. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the courts located in Mumbai, as applicable, for any matter arising out of or relating to these terms, except thatin actions seeking to enforce any order or any judgment of such courts located in India, such personal jurisdiction shall be non exclusive.
CHANGES TO NETVELOCITY SERVICE
NetVelocity may from time to time change the terms of service. The Services and any Content are subject to change from time to time without advance notice to you. In addition, Netvelocity may permanently or temporarily stop providing the Services or any Content, or any associated features, to you or to users of the Services generally, at Netvelocity's sole discretion, also without advance notice.
Any software included in the Content that you use may automatically download and install updates from time to time. These updates are generally improvements, bug fixes, new modules or new versions of the software. You agree to receive updates, and permit their delivery to you, as part of your use of the applicable Content.
CHANGE TO TERMS OF SERVICE AGREEMENT
By using the Services after any such revision, you agree to be bound by the revisions and should therefore periodically visit this page (or the page containing additional terms, as applicable) to determine the then-current terms and conditions. Substantial changes will take effect 30 days after NetVelocity has posted an initial notification on the Website's homepage or any other relevant web pages. Other changes will take effect 7 days after their initial posting on the Website. However, if NetVelocity amends this terms of service to comply with legal requirements, the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in the terms of this terms of service. Continuing to use the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, you must avoid any further use of the Services.
NetVelocity respects your privacy. This policy explains the privacy practices of Innoeye, LLC. ("NetVelocity") on www.NetVelocity.net (the Website")and with respect to NetVelocity's mobile application (the "Application")(collectively referred to as the Services). It describes how NetVelocity collects and uses your personal information and the rights and options available to you.
In this policy, the term ‘personal information' (or 'personally identifiable information’) means any information about you or your household as well as information or pieces of information, that, with reasonable efforts, may be used to identify you or your household.
PERSONAL INFORMATION THAT YOU PROVIDE
When you register with the Services, NetVelocity may ask you to provide certain contact and personal details, such as mobile device number. Please note that false, incorrect, or out dated information may impair NetVelocity's ability to provide you with the Services and to contact you when necessary.
Further information may be collected when you exchanges communications with NetVelocity for example, if you submit a request, contact NetVelocity's support team, or report a violation to the abuse team.
This Application is intended for use by adults and NetVelocity does not knowingly collect any personal information about consumers under 16 years of age without their consent, or, if under 13 years of age, the verified consent of a parent or guardian.
LOCATION BASED AND NETWORK DIAGNOSTIC INFORMATION WE COLLECT
When you use the Application, NetVelocity collects your location and network diagnostic information under user’s permission. NetVelocity uses that information to provide you with the Services and to improve the Services for your use and that of other users. NetVelocity may use your location and/or network diagnostic information to create aggregated anonymous data and to use such data in accordance with this policy (please refer to the section below on use of aggregated information). NetVelocity will permanently remove or obscure your identity from your location or network diagnostic information that is used for aggregated purposes.
OPTING OUT OF LOCATION AND NETWORK DIAGNOSTIC INFORMATION COLLECTION BY UNINSTALLING THE APPLICATION OR CHANGING SETTINGS
At any time you may change which information and how often information is collected by the Application by using the Application’s internal settings. There is no obligation to share any network diagnostic or location information with us.
At any times you may uninstall the Application, by using the Application's uninstall option, or by using the programs removal feature of your operating system. Following the uninstallation process, NetVelocity will not be able to collect any further location or network diagnostic information from you.
OTHER BEHAVIOR DATA THAT WE COLLECT
NetVelocity collects information about the use of the Services. For example, NetVelocity may record the frequency and scope of your use of the Services, the duration of your sessions, the Internet protocol (IP) address and the name of the domain that redirected you to the Services, and the geographic location of the computer system that you are using to log-in. Such data is usually automatically collected and stored in log files of the Service's computer servers.
WHAT DOES NETVELOCITY DO WITH YOUR INFORMATION?
NetVelocity may use your personally identifiable information for the following purposes only:
To operate the Services.
To customize your experience with the Services, as well as the experience of other users.
To improve the Services for your experience, as well as the experience of other users.
To provide you with customer support and handle requests and complaints.
To send you updates, notices, announcements, and additional information related to the Services.
To send you marketing and advertising material through e-mail messages, subject to your prior indication of consent. At any time you may opt out of the Service's mailing lists, by changing your preferences in your personal account or by sending NetVelocity a written notice to email@example.com In any case, NetVelocity will not knowingly share your personal identifiable details with any advertisers, without your explicit consent.
To conduct surveys and questionnaires of the Services.
To comply with any applicable law and assist law enforcement agencies under any applicable law, when NetVelocity has a good faith belief that NetVelocity’s cooperation with the law enforcement agencies is legally mandated or meets the applicable legal standards.
To prevent fraud, misappropriation, infringements, identity theft, other illegal activities, misuse of the Services or otherwise to undertake any security related activity to protect you and/or the Services.
To investigate and address issues with functionality of the Application.
HOW DOES NETVELOCITY USE AGGREGATED INFORMATION?
NetVelocity may use anonymous, statistical or aggregated information to properly operate the Services, to improve the quality of the Services, to enhance user experience, to create new services and features, to change or eliminate existing content or services, and for further internal, commercial and statistical purposes.
NetVelocity may also post, disseminate, or make available to third parties such anonymous, statistical or aggregated information collected on the Services.
NetVelocity only retain your personally identifiable data for as long as you are using the app.
NetVelocity may from time to time change the terms of this policy. Substantial changes will take effect 30 days after NetVelocity has posted an initial notification on the Website's homepage or any other relevant web pages. Other changes will take effect 7 days after their initial posting on the Website. However, if NetVelocity amends this policy to comply withlegal requirements, the amendments will become effective immediately upon their initial posting, or as required.
Notwithstanding preceding paragraph, NetVelocity will seek your explicit consent when the changed policy deviates from the scope specified in the previous policy.
YOUR PRIVACY RIGHTS
You may have rights in relation to your personal information under local law, including if you are a resident of the EEA or California. Below is a general description of the rights some users may hold. In the event you reside in such a jurisdiction and would like to exercise one of your rights, please contact us at the contact point below. If you live in California, you may designate an authorized agent to make a request on your behalf. Please note that we may require additional information from you in order to honor your request, and we may decline your request as permitted under applicable law.
Right to withdraw consent: Users exercising this right may withdraw consent to our use or disclosure of your Personal Data for any or all of the purposes mentioned above;
Right to correction: you may rectify or supplement the information we hold about you;
Right to access personal information: Users exercising this right may request access to the categories and specific pieces of their personal information we hold;
Right to data portability: Users exercising this right may receive their personal information, when provided electronically, in a readily-useable format;
Right to deletion: Users exercising this right can ask us to delete their personal information we have collected;
Right to disclosure: Users exercising this right can receive additional information regarding the sources from which we collect information, the purposes for which we collect and share personal information, the information of theirs we hold, and the categories of parties with whom we share their information;
Right to opt-out of sales: For California residents, opt out of certain disclosures of personal information that California law defines as “sales” even if no money is exchanged. NetVelocity does not sell your personal information;
Right to be free from discrimination: Users may freely exercise these rights without fear of being denied goods or services. We may, however, provide a different level of service or charge a different rate reasonably relating to the value of your data; and
SHINE THE LIGHT: California law permits residents of California to request annually certain details about how their information is shared with third parties for direct marketing purposes. Our contact information is below. We do not share your information with third parties for their direct marketing purposes.
DO NOT TRACK SIGNALS
We currently do not respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information across websites or other online services. If we do so in the future, we will describe how we do so in this Policy.