Boult One User Agreement

Mobile Application User Agreement

Boult one software license and service agreement 

Thanks for using Boult one software and services!  

This software license and service agreement (hereinafter referred to as “Agreement”) is made and executed on April 2024. (“Execution Date”)     

To use boult one software (hereinafter referred to as “Software”) and related services, you are supposed to carefully read, fully understand and strictly comply with this Agreement. Please be sure to carefully read and fully understand all terms of the Agreement, especially those regarding exemption or limitation of Exotic Mile Private Limited’s liability, dispute resolution and governing laws. You will be reminded of the terms about exemption or limitation of liability in bold. Please carefully read and choose whether to accept the Agreement or not. Unless you've read and accepted all the terms of the Agreement, you shall not download, install or use the Software or related services. By downloading, installation, use, registration or login, you will be deemed to have read and accepted all the terms of the Agreement and agreed to be bound by the Agreement.           

If you are a minor, please read the Agreement accompanied by your legal guardian, and pay special attention to the terms related to minors’ use. 

 

1. General Provisions

1.1. The Agreement is concluded between You (hereinafter also referred to as “Users”) and Exotic Mile Private Limited (hereinafter referred to as “EMPL” or “We”) and potential affiliates of the related services with respect to the Users’ download, installation and use of the software as well as related EMPL services. 
 

1.2. The software and services mean the software and services provided by EMPL and installed on devices including but not limited to mobile smart terminals, to provide the users of such smart terminals with services for binding and operating smart products. 
 

1.3 The ownership of and management rights in the Software and services shall be possessed by EMPL. 
 

2. License Scope of the Software

2.1. In respect of the Software, EMPL grants the Users a personal, non-transferable, non-sublicensable and non-exclusive license, in order that the Users may use the Software for the services provided hereunder. 
 

2.2. The Users may install, use, display and operate the Software in a single mobile terminal device for non-commercial purposes. The Users shall not reproduce, alter, modify, dock, operate or derive works from the data released to the memory of any terminal devices by the Software or during operation of the Software, or the interactive data between a client and a server in operating the Software, including but not limited to accessing the Software and/or related systems with plugins, cheating programs or non-licensed third-party tools/services. For commercial sales, replication and spread, for example, software pre-installation and bundling, written authorization and permission must be obtained from EMPL. If you violate any of the terms of the Agreement, we may stop, restrict or terminate your use of the Software or services (in whole or in part) at our own discretion. 
 

2.3. Without the written permission of EMPL, the Users shall not install the Software in other terminal devices not expressly permitted by EMPL, including but not limited to TV sets, set-top boxes and game consoles. 
 

2.4. The Users may reproduce a copy of the Software as backup for the purpose of using the Software and services. The backup copy must contain all copyright information of the original software. 
 

3. Software Acquisition, Installation and Update

3.1. The Users may download the Software from the website of EMPL or a designated third party for installation. To protect the mobile terminal devices from being infected with malicious programs which may destroy data and acquire privacy of the Users, please don’t download the Software from any non-designated website. When the Users acquire the Software or any installation programs with the same name as the Software from a third party without the authorization of EMPL, EMPL cannot guarantee safe use of the Software and will assume no responsibility for the losses thereby caused, if any, to the Users. 
 

3.2. The Users shall choose a version of the Software suitable for their installed terminal devices, and after downloading the installation programs, the Users shall correctly install the software according to the steps as instructed by such programs. Otherwise, the Users shall be solely liable for any software problems, equipment problems or damages resulting from mismatch between the Software and equipment model or failure to install the Software according to related instructions. 
 

3.3. To improve user experiences and services, EMPL shall have the right to provide you with the alternative, modified and upgraded versions as well as functional enhancement of the Software, and automatically upgrade the Software and services from time to time. You may manage the updated services according to related settings of the Software. After the new version is released for the Software, the old version might no longer work. EMPL does not guarantee sustained availability of the previous version and corresponding services. 
 

3.4. The Users agree that EMPL might inform the Users of the software update by making announcements or updating logs without specially notifying the Users. 
 

 

4. User Instructions

4.1 You understand and agree that the Users must independently prepare the devices for surfing the Internet with mobile terminal devices and using value-added telecommunication services. In using the Software, related expenses might be incurred, including the expenses related to networks, communications and electricity. You shall independently know from the operator about what expenses you shall bear at your own accounts and independently assume all expenses necessary for the Software or services. We shall not assume any responsibility for the unavailability of the Software or services and any other consequences arising out of your late payment of such expenses. 
 

4.2. To use the Software and services, you might have to register an account. If you have had an account, your account might directly or otherwise access the Software and related services. Your registration and use of the account shall be bound by the account user agreement. 
 

4.3. On the premise of abiding by applicable laws and regulations as well as the Agreement, the Users may use the Software and services as stipulated hereunder. The Users shall not commit or help others commit any of the following acts: 
 

4.3.1. Delete all information on copyrights from the Software and other copies; copy, modify, reversely engineer, disassemble, decompile, decompose, try to export source codes or algorithms of the Software, decipher, analyze or copy any source codes, architectures and concepts of the Software, or evade or attempt to circumvent any technical protective measures in the Software or in connection with the Software. 
 

4.3.2. Add, delete or change functions or operation results of the Software by modifying or falsifying operating instructions and data of the Software, or use the foregoing Software and methods for operations or spread them to the general public, no matter if such acts are committed for commercial purposes or not. 
 

4.3.3. Without the written consent or permission of EMPL, commit the following acts for the Software and the information therein, including but not limited to sending, leasing, lending, copying, modifying, selling, reallocating, redistributing, reproducing, exporting, importing, and otherwise disposing of or sublicensing the Software in any form; 
 

4.3.4. Display, decode or modify system components of the Software or provide support and convenience for any third party to commit such acts through unofficial channel of EMPL; 
 

4.3.5. Use the Software to commit any acts harmful to you or others, the Software or services, cyber security or computer cyber security, including but not limited to: accessing unlicensed data or server/account; accessing public networks or others’ operating systems, and deleting, modifying or adding the stored information without permission; attempting to probe into, scan and test system or network weaknesses of the Software without permission or committing other acts destroying cyber security; intending to intervene in or disturb normal operation of the Software system or website; purposefully spreading malicious programs or viruses, and committing other acts disrupting normal network information services; falsifying names of TCP/IP packets in whole or in part;  
 

4.3.6. Log into or use the Software or services through third-party compatible software or system not developed, licensed or recognized by EMPL, or make, publish or spread such tools; 
 

4.3.7 Use the Software to publish, transfer, disseminate or store any information endangering national security, national unity or social stability or any illegal or aggressive information (e.g. defamatory, pornographic or violent information), any insulting information or any information which might induce public disturbances or violates applicable laws, regulations and policies of any judicial jurisdictions, or set any online names or nicknames containing the foregoing information, or publish, transfer or transmit any advertisement information, marketing information or spam messages containing the above information; 
 

4.3.8. Publish, transmit, spread or store any information infringing upon others’ intellectual property rights, trade secrets, rights of privacy or reputation, and other lawful rights; 
 

4.3.9 Maliciously falsify facts or conceal the truth to mislead or cheat others or commit fraudulent, false or misleading acts; 
 

4.3.10 Embark on advertising, goods selling and other commercial activities or other illegal activities which might impair our benefits, including taking part in such activities with or through unlicensed third-party plugins or tools, or publishing and providing such unlicensed third-party plugins or tools through networks and in other ways. 
 

4.3.11 Create, direct and transfer traffic by any improper means; place mandatory control over the software, or exert other negative impacts upon the Software or other users’ experiences in using the Software; and 
 

4.3.12 Use the Software and other services provided by EMPL in any illegal way against this license agreement and/or for any unlawful purpose. 
 

4.4. Within the scope permitted by laws, you must be liable for your use of the Software and related services and/or your non-compliance with the obligations hereunder or the consequences of your acts (including any losses or damages we might suffer), and in respect of these, we shall not assume any responsibility towards you or any third party. 
 

4.5 Any information about the Software and related services (hereinafter referred to as “the Information”): 
 

4.5.1 You may publish or have the right to publish your original views, words, messages, pictures, audios, videos, links and other information using and through the Software. You must warrant that you own the intellectual property rights in the information you’ve uploaded, or you have obtained the lawful authorization, and your application of the Software and services will not infringe upon the legitimate rights and interests of any third party. 
 

4.5.2 In publishing related information with the Software, you must comply with local laws and regulations. 
 

4.5.3 In using the Software, you shall not commit any of the following acts with the Software, including but not limited to: 
 

4.5.3.1. Create, copy, publish, spread and store any information against local laws and regulations; 
 

4.5.3.2. Publish, transmit, spread and store any information infringing upon others’ right of reputation, right of portrait, intellectual property rights, trade secrets and other lawful rights; 
 

4.5.3.3. Falsify facts or conceal truths to mislead and cheat others; 
 

4.5.3.4 Publish, transmit and spread advertisement information and spam messages; 
 

4.5.3.5. Create, direct and transfer traffic in inappropriate ways; place mandatory control over target jumps or exert other negative impacts upon page views of the messages; 
 

4.5.3.6. Edit, integrate and compile messages at will. Then, display them in channels different from the pages where the EMPL software and related services are; and 
 

4.5.3.7 Commit other acts against local laws and regulations. 
 

4.6 You understand and acknowledge that: 
 

4.6.1. EMPL shall have the right to identify whether the Users are suspected to violate the foregoing user instructions or the Agreement according to its own reasonable judgment, and terminate your license or take other appropriate restrictive measures according to the identification results; 
 

4.6.2 EMPL shall have the right to directly delete the information published during the Users’ use of the Software or services and suspected to be illegitimate or infringe upon others’ legitimate rights or violate the Agreement; 
 

4.6.3. The Users shall solely assume legal responsibilities for third party damages arising out of their violation of the foregoing user instructions or the Agreement in their own names. They shall indemnify EMPL and its affiliates and their directors, employees and representatives from the losses or extra expenses thereby incurred; and 
 

4.6.4. If the Users violate related laws or provisions of the Agreement and thereby cause any loss to EMPL, or they are subject to any third-party claim or punishment of any administrative body, they shall compensate EMPL for the loss and/or expenses thereby sustained by EMPL, including reasonable attorney fees and investigation expenses for evidence collection. 

5. Payment and Service Fee

5.1 The User agrees to pay all applicable service fees and charges associated with their subscription to Us as agreed usage charges. 

5.2 The User shall provide valid and up to date payment information, such as debit card, credit card, or other approved payment methods to Us. 

5.3 The User authorizes Us to charge the designated payment method for all applicable service and charges. 

5.4 All Service fees and charges are exclusive of any applicable taxes, including goods and service tax (gst) or other similar taxes, imposed by the concerned authorities. The User shall be responsible for paying any such taxes as required by applicable laws. 

5.5 If User wants to upgrade the service plan or increase the number of agents authorized to access and use a service during the subscription term, any incremental subscription charges associated with such upgrade will be charged in accordance with the remaining subscription term. 

6. Free or trail Subscription

6.1 The User may use certain services for free for a limited time or on trail basis. The free service or trial period will be available free of charge until the date on which your free subscription is terminated or the start of your paid subscription, whichever occurs first. 

6.2 You agree not to use the free services in any manner that exceeds the limit set, including but not limited storage, user limit and bandwidth consumption. 

6.3 We may change the limits to your use of free service at any time at our sole discretion without the notice to you, regardless of whether or not these are used in conjunction with other subscription services for which you pay.                       
 

 

5. Privacy and Personal Data Protection

5.1. We respect and are committed to protecting your privacy. For our detailed measures for protecting your personal information, please refer to our privacy policies. 
 

5.2 We (or third-party advertisers) might contact you for the purpose of marketing, and send advertisement, promotion or publicity information to you according to our privacy policies. 
 

 

6. Service Risks and Disclaimer

6.1. EMPL (and its affiliates) shall not be responsible for any of the Users’ loss arising out of third-party factors, including faults in communication lines, technical problems, network, failures of mobile terminal devices, system instability or other force majeure incidents. 
 

6.2. Like most Internet software, the Software is also impacted by factors including but not limited to the Users’ reasons, network service quality and social environment, and might be intruded by different security problems. For instance, others’ application of the Users’ data harasses the Users in their real lives. Other software the Users download for installation or other websites the Users visit contain viruses including “Trojan Horse” that threaten the Users’ information and data security in the terminal devices, thereby affecting normal use of the Software. The Users shall increase its awareness of protecting their information security and data, and strengthen their password protection, in order to avoid loss and harassment. 
 

6.3. Third Party Products and Services: 
 

6.3.1. The Software the Users employ might contain any applications provided by a third party for accessing and visiting third party services and websites (hereinafter referred to as “Third Party Applications and Services”). EMPL is not a provider, sponsor or guarantor of Third-Party Applications and Services. You acknowledge and confirm that all Third-Party Applications and Services as well as all third-party content are independently provided by third parties. We make no commitment, warranty, guarantee or statement in respect of content, authenticity, accuracy, availability, reliability or security or other aspects of such applications and services and content or anything beyond our control, including any rights therein. We shall not be responsible for any consequences incurred by your use of such third-party services. The Third-Party Applications and Services are beyond our control. We don’t intend to support and cannot modify or edit such applications and services in any way. You shall solely bear the risks in accessing such Third-Party Applications and Services. 
 

6.3.2. Please be informed that in using the Third-Party Applications and Services, you might have to comply with other third-party terms (including terms of use and other contractual terms related to the applications or services). In respect of any disputes arising out of any agreements or other arrangements concluded between you and such third parties, we are neither a party involved nor assume any responsibility for you or such third parties. 
 

6.3.3. When the Users use the Software or require EMPL to provide certain services, the Software might call third party systems or third-party software to support the Users’ application or access. The application or access results are provided by the third parties. EMPL makes no warranty regarding safety, accuracy, effectiveness and other uncertain risks of the results achieved with the support of third-party systems or third-party software. EMPL shall not assume any responsibility for any disputes or damage thereby incurred. 
 

6.4. Without limiting any other provisions of the Agreement and within the scope permitted by applicable laws, we, our subsidiaries and affiliated legal entities have not offered or made and will not offer or make any express or implied guarantee or warranty, including guarantee or warranty on marketability, quality conformity, fitness for particular purposes and non-infringement. The Software and services are provided on “as is” and “availability” basis. No specific purpose shall be realized reliant upon the Software and services. We make no warranty regarding whether the Software or services are correct, accurate, uninterrupted, prompt or safe. Even though any of the foregoing express warranties are not realized, these disclaimers and exclusion clauses shall still apply. 
 

6.5. EMPL specially reminds the Users that to guarantee its business development and protect its autonomy in its products and services, EMPL shall have the right to modify or interrupt its services from time to time without notifying the Users. EMPL shall not be accountable to the Users or any third party for exercising its right to modify or interrupt the services. 
 

6.6. Unless otherwise specified by laws and regulations, we will use our best efforts to guarantee security, effectiveness, accuracy and reliability of the Software, related technologies and information. Whereas inherent risks exist in using Internet services and software (including data privacy and security risks), the Users understand that EMPL makes no warranty in respect of such risks limited by existing technologies. 
 

6.7. The Users shall be solely responsible for any losses arising out of or in connection with any incidents beyond our control that might be sustained by the Users in using the Software and services (including but not limited to the following circumstances), including without limitation property loss, income loss, loss of data files, loss of personal information, supplementary or indirect compensation for economic damages or compensation for other commercial damages or losses): 
 

6.7.1. Use or failure to use the Software or services; 
 

6.7.2. Use of software or modification of user data without permission by a third party; 
 

6.7.3. Expenses and losses caused by the Users’ use of the Software; 
 

6.7.4. Potential losses or responsibilities that the Users might sustain for their illegal or improper use of the Software or breach of the Agreement; 
 

6.7.5. Faults or malfunctioning of the Software or any connected system resulting from force majeure incidents, including typhoon, earthquake, tsunami, flood, power outage, war, cyber and terrorist attacks; 
 

6.7.6. Interruption, delay, malfunction or operation failure of the Software or any connected system resulting from computer viruses, trojan, other malicious programs, hacker attack, technical adjustments or failures of telecommunication operators and Internet operators, system maintenance and any other causes beyond our control; 
 

6.7.7. Interruption, expiration, delay, malfunction or operation failure of the Software or any connected system arising out of any change in applicable laws and regulations, orders and awards of judicial, administrative, and other authorities; 
 

6.7.8. Interruption, delay, malfunction or operation failure of the Software or any connected system arising out of Internet connection; and 
 

6.7.9. Other software-related losses not caused by EMPL. 
 

6.8. We cannot prevent all network interruptions, delays, or disruptions, and under certain circumstances you might not be able to recover the content or other data you store in the Software or related services or accounts for the time being or forever. You shall bear the risks solely in storing such content and data. We will not be responsible for your loss of any data. We suggest you back up the information and data. 
 

6.9. Within the scope permitted by applicable laws, if we shall assume any responsibilities in connection with the Agreement or the operation of the Software and such responsibilities are not limited or excluded hereunder as stipulated in the Clauses 6.10 and 6.12 here below, we will only compensate for foreseeable damages. As stipulated in the Clauses 6.10 and 6.12 here below, the aggregate amount of our compensation to you shall not exceed your payment for the Software and services in the month of such losses or damages (or when the Software is available for free, the maximum aggregate amount of our compensation to you shall be USD10). 
 

6.10. If we fail to comply with the Agreement, we shall be responsible for your foreseeable losses or damages resulting from our breach of the Agreement or lack of reasonable prudence and failure to use skills, but we shall not assume responsibility for any losses which are not foreseeable. Foreseeable losses or damages mean the losses or damages which will occur, or which would occur as both of us know when you accept the Agreement. 
 

6.11. The Software shall be used for household and private purposes within the scope permitted by law. We shall not be liable for loss of profit, business loss, business interruption or loss of business opportunities. 
 

6.12. We will not exclude or limit our responsibilities towards you against the applicable laws. Such responsibilities include the responsibilities for deaths or personal injuries caused by negligence of us, our employees, agents or subcontractors, responsibilities for frauds or fraudulent misrepresentations, responsibilities for damages resulting from willful act or gross negligence, and responsibilities for violating the obligations implicitly permitted by applicable consumer protection laws. 
 

6.13. Within the scope permitted by the applicable laws, different clauses on limitation and exclusion of liability shall apply to the responsibilities incurred for providing you with some other products or services. 
 

6.14. If you have any legal ground to make any claim against us in respect of the Agreement, the Software or any related software or services including allegation against us for violating the Agreement), you agree that the only remedy you are entitled to will be your claim for compensation against us for your direct losses. We will not be liable for any of your indirect, consequential, special, incidental or punitive losses or damages. This limitation of liability shall apply to the maximum extent permitted by the applicable laws. 
 

 

7. Statement on Intellectual Property Rights

7.1. EMPL possesses the intellectual property rights in the Software. All copyrights, trademark rights, patent rights, trade secrets and other intellectual property rights in the Software, and all information related to the Software (including but not limited to words, pictures, audios, videos, diagrams, interface designs, layouts, related data or electronic documents) shall be protected by local laws and regulations of the place where you are, and corresponding international treaties. EMPL shall possess such intellectual property rights. Unless otherwise specified hereunder, nothing under the Agreement shall be construed to grant to you any rights and interests in any patents, proprietary technologies, copyrights, trade secrets, trademarks or other intellectual property rights in our possession or under our control. 
 

7.2. Without the written consent of EMPL, the Users shall not independently or permit any third party to implement, utilize or transfer the foregoing intellectual property rights for any commercial or non-commercial purpose. EMPL shall reserve the right to investigate the legal responsibility for such acts. 
 

 

8. Modification of the Agreement

8.1 We shall reserve the right to modify the Agreement or incorporate any clauses to the Agreement by reference (according to the clauses hereunder and applicable laws) from time to time when necessary. We will inform you of any modification to the clauses of the Agreement by presenting them on related pages or through the Software. Such modification shall enter into force from the designated date. You may browse the latest version of the Agreement by software setting. Meanwhile, we suggest you regularly viewing our website and platform to obtain the latest versions of any other agreements incorporated into the Agreement by reference. If you disagree with the modifications, you may take the initiative to cancel this service. If the Users continue using the services, they shall be deemed to accept the modifications to the Agreement. 
 

8.2 EMPL shall reserve the right to charge for the Software license and related services. It shall have the right to modify or change its paid services, fee standards, charge mode, service fees and service terms when necessary. When the fees or fee standards for the Software or services are to be changed, we will inform you in advance by way of announcement or system notification and obtain your consent. If you refuse to pay such fees, you cannot continue using related services after such fees become due. 
 

 

9. Governing Laws and Dispute Resolution

9.1. The Agreement shall be governed by the laws of India. However, all or specific rights and obligations of both parties shall be governed by the laws of your permanent residence if otherwise stipulated by any mandatory applicable laws of the jurisdiction where you are. 
 

9.2. To the extent permitted by the applicable laws, you and we shall first try to resolve any disputes or issues related to the Software and services arising out of the Agreement through amicable negotiation. If the negotiation fails within 30 days after either party submits a dispute, either party shall have the right to file a lawsuit (probably contractual or non-contractual disputes) with the courts of New Delhi, India for dispute resolution, except that the courts of your permanent residence shall be competent for resolving the disputes in connection with the Agreement in the event that you enjoy the inalienable right to locally review disputes, or you are not permitted to submit the disputes to the court of New Delhi, India for dispute resolution as stipulated by the mandatory laws and court rules of the country where you are, or the courts of the country where you are adjudged the foregoing governance terms to be unequal. This shall not prejudice your right to file lawsuits for protecting your legal rights. 
 

10. Term, Termination and Suspension

10.1 The term of the Service begins with a valid subscription and will remain in effect as long as the User has a valid subscription or until the Agreement is otherwise terminated in accordance with the terms hereof, whichever occurs first.  

10.2 If you have selected for recurring subscription scheme, upon the expiry of an existing plan, an amount equivalent to the subscription service fee will be deducted automatically. If it fails, you shall make the payment within 10 (ten) calendar days from the date of due date, failing to do so, your subscription will be suspended or terminated. 

10.3 Either Party may terminate an account and subscription to a service at the end of the the current subscription term by providing notice of 15 (fifteen) calendar days to the other Party.  

10.4 We reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with the applicable laws or other legal obligations, and/or publishing or distributing illegal material. 

10.5 Either Party can terminate this Agreement if the other Party commits a material breach of these terms, other Agreements, or applicable laws not cured for more than 15 (fifteen) calendar days, if the other Party becomes subject to a petition in bankruptcy or any other proceedings relating to insolvency, liquidation or assignment for the benefit of creditors. In case the User terminates the subscription in accordance with this remainder of the term. 

10.6 No refunds or credits for subscription changes, service fee or payments will be provided if the User terminates a subscription to a service or cancels its account prior to the end of a subscription term (except when such termination is in accordance with the above clause). 

11. Assignment

11.1 The User shall not assign, transfer or delegate any rights or obligations under this Agreement without the prior written consent of Us. However, we may assign or transfer this Agreement, in whole or in part, to any affiliated entity or in connection with a merger, acquisition or sale of assets. Any attempted assignment in violation of this clause is null or void. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors. 

 

12. 12. Miscellaneous

12.1. While the Users are using a service of the Software or other services (e.g. shopping malls, official websites and communities) provided by EMPL affiliates based on the Software, such services might be bound by separate agreements and related business rules (hereinafter collectively referred to as the “Separate Agreements”). Before using the services, please read and accept related separate agreements. 
 

12.2. The headlines to all clauses of the Agreement are only for the convenience of reading and have no actual meaning. They shall not be reckoned as basis for construing the Agreement. 
 

12.3. You must comply with any and all applicable domestic and international export control laws and limitations, including any limitations regarding place of destination, final users and final purposes. We reserve the right to comply with the purposes of any of such export control laws, stop, restrict or terminate your use of the Software or any part therein. 
 

12.4. For whatever reason any provision hereunder becomes invalid or non-enforceable, the remaining provisions shall continue to be valid and binding upon both parties. 
 

 

Contact us: 

If you have any question or want to make any complaint regarding the Software or the Agreement, please contact us based on the following contact information。 
 

Email: support@boultaudio.com 

Effective Date: April 2024