Terms of Use – Windson Connect

The user of the app agrees to subscribe to this mobile app from the provider named below, who provides the services under the following terms and conditions.

Six Sense Mobility Service Agreement (Windson App)

Article 1: Introduction

Please read these terms and conditions (this “agreement”) in full. This agreement is between you (“you” or “customer”), the original end user of the vehicle tracking device (“device”) fitted in your Windson Motors vehicle that works in conjunction with our app and website and the services associated with them (the “services”), and Hexense Labs Private Limited, operating under the trade name Six Sense Mobility (“we”, “us” or “the company”). We have designed and developed both the device and the app, and we operate the services. Windson Motors (“Windson”) is our client: it makes and sells your vehicle, and the app and services are made available to you under Windson’s name through a white-label arrangement. Windson’s customers are the end users of the services. This agreement contains important terms, conditions, allocations of risk between you and us, and limitations of our liability to you that we want you to know about. It applies to all past, present and future use of your device and the services, until modified or replaced by new terms and conditions. It is effective when you (1) have a device installed and activated for use; (2) log onto our app or website (where a link to this agreement appears) and acknowledge this agreement; (3) use the services; (4) purchase more services; or (5) accept, at any time, any of the benefits of the services. This agreement is not intended to give anyone else a right, remedy or claim of any kind against you or us. Note: your device is covered by a limited product warranty that is separate from this agreement.

Article 2: Changes to this Agreement

Subject only to the limitations imposed on us by our service providers or applicable law, we have the right, at our sole discretion, to modify this agreement and the services at any time, which includes (without limitation) the right to suspend the services. Changes to the agreement will be posted on our website or in the app, which you agree to visit regularly, or may be sent to you by email. Your continued access of our website or app and use of the services following posted notices of changes means that you have accepted and are bound by those changes.

Article 3: Payment

You pay for the services by a valid credit or debit card, UPI, net banking, cheque or such other method as we expressly approve. If you give us a credit or debit card number, you are authorizing us to charge it for the services and all amounts due under this agreement without further notice to you. If your card provider or bank refuses a charge, the services can be terminated or suspended without notice. You assume exclusive liability for any and all taxes, fees, duties, withholding or like charges, now imposed or hereafter becoming effective, related to the services or your device or its components (other than those based on our net income), including GST and any other applicable taxes and duties. Payments not received within 10 days of any applicable due date are past due and, in our sole discretion, the services will be disrupted without notice after the day of non-payment. Re-activation fees may apply.

Article 4: Cancellation

Most service plans do not provide for pro rata refunds of unused services. You are not entitled to a refund of the purchase price of your device, subject to your product warranty. If you have your device deactivated, there may be a charge to reactivate it if you later decide to use it again.

Article 5: Usage Limitations

You may not resell the services. They are for your own reasonable end use consistent with your service plan. The services may only be used for lawful purposes. Limits may be set on your level of use or tiered pricing may be applied based on your level or patterns of use. If you exceed those limits, you may be charged at higher rates (as detailed in your service plan) for your excess usage, or we or our service providers may suspend your use of the services if we reasonably deem it to be abusive. You agree that we may use any credit or debit card or other payment account of yours that we have on file for payment of such charges.

Article 6: No Transfer of the Services

The services are not transferable by you, even if you are a commercial user. If you intend to transfer ownership of a vehicle in which a device is installed, you agree that you will have the device uninstalled from it, or have the device and associated services deactivated or terminated by us, and that you will inform the intended transferee, before the transfer, of the fact that your vehicle has your device and advise the transferee to contact us with any questions.

Article 7: Suspension and Termination of the Services

The services may be suspended or terminated without prior notice to you, for good cause, without liability. This means, to give some examples, that the services can be terminated or suspended if you breach any part of this agreement, do not pay amounts that are due under this agreement, interfere with provision of the services, or use the services for any illegal or otherwise improper purpose. The services may also be terminated or suspended if the availability of communication services used by us ends (for example, as a result of the discontinuance of service by a cellular telecommunications carrier) or is interrupted (for example, as a result of telephone or telecommunications network or internet congestion), or should any other circumstance or omission occur related to maintaining, repairing or improving our network.

Article 8: Privacy Policy

The information we get about you includes things such as your address, phone number, email address and other contact information. The information we may get from your use of the services and your device includes things such as data about your vehicle’s location, speed, distance traveled and operation, data about your use of the services, and other data depending on the services you use. You agree that we can, subject to applicable law, use and share any of this information to: (a) provide the services to you; (b) assist emergency service providers, or others, as reasonably needed; (c) communicate with you about your account and collect payment; (d) check or maintain your device; (e) help support your end use, i.e., fleet management, of the services; (f) develop new products and services and improve existing ones; (g) enforce this agreement; (h) prevent fraud, abuse or misuse of the services; (i) comply with legal requirements, including valid court orders and subpoenas; or (j) protect the rights, property or safety of you or others. You also agree that we and our service providers can, subject to applicable law, use this information: (a) to conduct market research; (b) to determine your eligibility for and offer you new or additional products and services that may be of interest to you; (c) to send you important product and service-related communications; and (d) to troubleshoot and improve the services. You also agree that we have all legal rights to use cumulatively the data that is transmitted from your devices to our servers. This information will otherwise not be shared individually with third parties, revealing your identity, for their independent use without your consent. We may also collect information from you or your device, or from your use of the services, aggregate that information, and use it with other aggregated information obtained from other persons (“aggregated information”). For example, we may use aggregated information to determine overall use of the services, identify usage patterns, and make product and service development decisions. We or our service providers own all rights in, and may share, aggregated information with any third party for any purpose without revealing your identity.

Article 9: Lost or Stolen Vehicles

If your vehicle is lost or stolen, we can try to help you locate it, although we have no responsibility to do so, do not guarantee that it can or will be found, and do not guarantee the condition of your vehicle or the items that were in it should the vehicle be recovered. You may be asked to provide satisfactory identification and/or a police report. In any event, our obligation to provide commercially reasonable assistance to your efforts to locate your vehicle will end after 48 hours have elapsed from the time it was first reported to the authorities as missing or stolen. Should we provide assistance after such 48-hour period, you agree that we may do so if and when we see fit and that we will not be held liable for any acts or omissions that may arise with regard to such assistance.

Article 10: Breach of this Agreement

You agree to indemnify and hold us and our parent corporation, affiliates, subsidiaries, employees, agents and service providers harmless from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of the services, breach of this agreement, or any act, error or omission on your part or that of anyone who uses the services. This provision will continue to apply after the termination or cancellation of this agreement.

Article 11: Limitations of the Services

The services use cellular or other wireless telecommunications networks in the country as well as the global positioning system (“GPS”) satellite network. The services are not available everywhere, particularly in remote areas, or at all times. Your vehicle has to have a properly functioning electrical system and adequately charged battery for the services to have any chance of working. The services may not work if your device is not properly installed by our authorized representative, not properly maintained, modified by any person other than our authorized representative, or combined with equipment, services or software not expressly approved by us. Certain elements of the services, such as the ability to remotely unlock or disable your vehicle, may simply be incompatible with your vehicle’s design. There are other problems beyond our control that may prevent us from providing the services to you at any given time, such as damage to your vehicle in an accident, abuse or neglect of your device, terrain (hills, mountains, dips, valleys), buildings, bridges, tunnels, weather, the design of your vehicle, defects (including hidden defects) in your vehicle, localized “gaps” in cellular telephone network coverage, cellular telephone network congestion, and interference with the satellite transmissions that help supply the GPS data used by us in providing the services.

Article 12: Important Limitations of our Liability

These limitations of liability constitute waivers of important legal rights. In that regard, you acknowledge that these limitations are integral to the pricing of the services, and that, were we or our service providers to assume any further liability other than as set forth herein, our prices for the services would necessarily be substantially higher. Unless prohibited by applicable law, you agree as follows:

One, you expressly agree that operation and use of your device or the services is at your sole risk. Neither we nor our service providers shall have any liability resulting from, or in any way related to, the use of your device or the services. You agree that you will not in any way hold us or our service providers responsible for any selection or retention of, or the acts or omissions of, other parties in connection with the services. You understand that you have no contractual relationship whatsoever with any of our service providers and are not a third party beneficiary of any agreement between us and our service providers, although they may be third party beneficiaries of this agreement. You waive any and all claims or demands you would have if you were a third party beneficiary of any agreement between us and our service providers.

Two, our and our service providers’ maximum, cumulative liability to you under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury or products liability) for any one or more related or unrelated claims is limited to an amount equal to three times what you paid for the services under this agreement as of the date of the earliest event giving rise to your claim(s).

Three, you agree, and we agree, not to make, and to waive to the fullest extent allowed by law, any claims for (1) punitive damages, (2) treble, consequential, indirect, lost profits, incidental or special damages, regardless of whether or not either party was advised of the possibility of such damages, or (3) attorney’s fees. We both agree not to make, and to waive to the fullest extent allowed by law, any claim for damages other than direct, compensatory damages as limited in this agreement.

Four, neither we nor our service providers are liable to you if the services are interrupted, or for problems caused by or contributed to by you, your vehicle (including its electrical system), by any third party, by buildings, hills, tunnels, telecommunications network congestion, weather, interference with satellite transmissions or any other things neither we nor our service providers control. Notwithstanding anything else in this agreement, you agree to excuse any non-performance by us or our service providers caused in whole or in part by an act or omission of a third party, or by any equipment failure, act of god, natural disaster, strike, equipment or facility shortage, or other causes beyond our control or the control of our service providers.

Five, neither we nor our service providers can promise that any data or information supplied will be error-free. All data and information is provided to you on an “as is” basis. You agree that neither we nor any service provider who monitors, processes, or sends or receives your data or information through your device or the services is liable for any errors, defects, problems, or mistakes in that data or information. This means you cannot recover any damages of any kind, including consequential (such as lost revenues or lost contracts), indirect, incidental, special, or punitive damages for those errors, defects, problems, or mistakes. The foregoing limitation of liability covers, without limitation, any special assistance you receive by communicating verbally with us or our service providers in utilizing the services.

Six, to provide you with the services, we must enter into agreements with telecommunications carriers operating cellular and satellite networks and other service providers using technology compatible with the particular device you purchased. Neither we nor our service providers are liable if the services become unavailable or are interrupted because a service provider terminates its agreement with us or stops providing service to us, or does anything that renders your device obsolete or incompatible with the technology used by us or any of our other service providers.

Seven, you agree that the limitations of liability and indemnities in this agreement will survive termination or expiration of this agreement and apply to you as well as anyone using your vehicle or the services, anyone making a claim on your behalf, and any claims made by anyone associated with you and arising out of or relating to the services.

Eight, the services are not a substitute for insurance. You promise that you will obtain and maintain appropriate insurance covering personal injury, loss of property, and other risks for yourself and for anyone else claiming under you. You hereby release and discharge us and our service providers from and against all hazards covered by your insurance. No insurance company or insurer will have any right of subrogation against us or our service providers.

Article 13: Governing Law

To the fullest extent permitted by law, and except as explicitly provided otherwise, this agreement and any disputes arising out of or relating to it will be governed by the laws of India, without regard to its conflict of law principles, and by any applicable tariffs, wherever filed. Subject to Article 14, the courts at Delhi, India have exclusive jurisdiction over any dispute arising out of or relating to this agreement.

Article 14: Resolution of Disputes

If you have a disagreement with us related to the services, we will try to resolve it informally. If we cannot resolve it informally in a manner and time frame we reasonably deem appropriate, you agree, and we agree, to the fullest extent permitted by law, to use arbitration under the Arbitration and Conciliation Act, 1996, seated at Delhi, India, and not go through the courts (except consumer commissions and other forums that you are entitled by law to approach) to resolve our disagreement. A government agency can always be contacted for help.

Article 15: Intellectual Property

All intellectual property rights and any other proprietary rights inherent in, and appurtenant to, the device and the services are and will remain the sole and exclusive property of their respective owners or licensors and you are not acquiring any such rights in the device or the services. You may not modify or reverse engineer your device or decompile any software associated with your device or the services.

Article 16: Miscellaneous

If any part of this agreement is considered invalid by a court or arbitrator, the rest of it will remain enforceable. Even after this agreement has ended, its provisions will govern any disputes arising out of or relating to it (unless it has been replaced by changes to it that are issued by us or a new agreement between us). It will also be binding on your heirs and successors and on our successors. No waiver of any part of this agreement, or of any breach of it, in any one instance will require us to waive any other instance or breach. You agree that the limitations on remedies, limitations and exclusions of liability and disclaimers specified in this agreement will survive its termination. We reserve the right to assign this agreement and our rights and obligations under it, whether in whole or in part. If we make an assignment, we will have no further obligations to you.

You agree not to hold Windson Motors, its dealers, the company, its owners or partners in any way liable for the use or misuse of this device. This device is not to be used as a “stalking” device. Our company also does not provide the satellite equipment or map service directly and cannot be held liable in any way for them. This device and service is not designed to be a life saving device in any way. This device is used for informational purpose.

By accepting this agreement in the app or by using the services, customer and the company have read, understood, and executed this agreement, which may be executed in one or more counterparts, each of which constitutes an original but all of which together constitute one agreement. Acceptance by electronic means is acceptable.

Article 17: M2M SIM and KYC

The device contains an M2M (machine-to-machine) SIM that we provide through our authorized telecom service provider. Under Indian telecom rules, the SIM can be activated and kept active only after the KYC (Know Your Customer) requirements are met. You therefore agree to give us true, complete and current KYC documents and details when we ask for them, including at the time of activation and whenever the telecom service provider or the Department of Telecommunications (DoT) requires them to be updated. The services depend on this verification. Activation may be delayed, refused or suspended if documents are missing, incorrect, expired or found to be false, and we are not liable for any loss resulting from it.

The M2M SIM is for use only with the device and the services. You must not remove it, swap it, use it in any other device or phone, or transfer it to anyone. The SIM and the data sent through it are subject to lawful interception and monitoring as required by law.

We may share your KYC documents and details with our telecom service provider and with the DoT or other authorities, as the law requires. We use them only for SIM activation and to meet legal requirements, as described in our Privacy Policy.

If you sell, transfer or lose the vehicle or the device, or if your details change, you must tell us promptly so that the SIM records can be updated, as telecom rules require.

Article 18: Safety and Proper Use of the Device

The device must be installed, serviced and repaired only by us or our authorized representative. Do not open, remove, relocate, bypass or modify the device, its wiring or its SIM.

Do not connect other electrical equipment to the device wiring, and do not expose the device to water, excessive heat or physical damage.

If you notice sparks, a burning smell, overheating, unusual battery drain or any electrical fault in the vehicle after installation, stop using the vehicle if it is unsafe to continue, and contact us immediately.

Do not use the app or check alerts while driving. Stop in a safe place first, and follow all traffic laws.

Use the Immobilization Feature only when it is safe and lawful to do so, and in line with Article 20.

Keep your login details and security PIN private, and do not let anyone else use your account without authorization.

If your vehicle is stolen or lost, report it to the police immediately and contact us.

Article 19: Data Protection

We handle your personal data, including your KYC documents, as described in our Privacy Policy and in line with applicable Indian law, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023. We use reasonable security safeguards to protect your data. You agree to keep your login details confidential and to tell us immediately if you suspect unauthorized access to your account. If a personal data breach affects your data, we will inform you and the authorities as the law requires.

Article 20: Vehicle Immobilization Feature

The “Immobilization Feature” means the functionality of the app, where enabled for your vehicle, that allows you to remotely immobilize and restore operation of the vehicle through the device.

Access to the feature: where available for your vehicle, the Immobilization Feature is operated only by you (the end user) or by the authorized Windson Motors dealer who has been given access to it. Only the end user or that dealer can enable, trigger or reverse immobilization of the vehicle through the app. The dealer acts on its own responsibility and not as our agent, and we are not responsible for any immobilization triggered by the dealer. We do not initiate, schedule, approve, monitor or control any immobilization. Our responsibility is limited to transmitting the immobilization event to the vehicle when you trigger it through the app.

PIN verification: every use of the Immobilization Feature requires successful verification with the applicable security PIN. You must not share your PIN with anyone. Any immobilization or restoration completed with a valid PIN, or through your account, will be treated as authorized by you, and any completed through the dealer’s access will be treated as authorized by the dealer. We are not liable for any such action, including where the PIN was obtained or used by an unauthorized person because you failed to secure your phone, account or registered contact details.

Timing and circumstances: the person who triggers an immobilization, whether the end user or the Windson Motors dealer, is solely responsible for deciding whether, when, where and under what circumstances to immobilize a vehicle. We are not responsible for the timing, location or circumstances of any immobilization. As configured and verified by the OEM, immobilization takes effect only when the vehicle’s ignition is switched off, and a moving vehicle is not immobilized. You must make sure that every driver or person in charge of the vehicle knows that the vehicle may be immobilized.

No liability: to the maximum extent permitted by law, we have no liability for any loss, damage, injury, death, delay, theft, accident, third-party claim or other consequence arising from any use, non-use, misuse, delay, failure or unintended operation of the Immobilization Feature.

Dependence on connectivity: the Immobilization Feature depends on the device, vehicle power, GPS/GSM/GPRS connectivity, the app and third-party networks. Immobilization or restoration may be delayed, may fail, or may not take effect immediately, and we do not promise otherwise.

No security guarantee: the Immobilization Feature is a convenience tool. It is not an anti-theft guarantee, an emergency service, or a substitute for reporting a theft or incident to the police or other authorities.

Compliance: you must use the Immobilization Feature in line with all applicable laws, including the Motor Vehicles Act, 1988 and the rules made under it.

Indemnity: Article 10 applies to any use or misuse of the Immobilization Feature, or any immobilization of a vehicle, whether intended or accidental.

OEM fitment: the device is not an after-market fitment. It is installed at the factory of the vehicle manufacturer (the “OEM”, being Windson Motors) by or for the business that sells the vehicle. We are not responsible for the vehicle, its design or manufacture, its integration with the device, or its battery management system and other control systems. Any claim about those matters must be made to the OEM or the selling business under the terms of sale of the vehicle.

Service Limitations

Services are available only if you have activated your account.
Services are available only if your vehicle ignition is on and your vehicle battery is charged and connected.
Services are available only if you are within operating range of the designated wireless network.
Services may be impaired by any wireless communication problems caused by atmospheric or topographical conditions, busy cells, capacity limitations, equipment problems, maintenance and other factors and conditions.
Services may be affected by inherent limitations of your vehicle’s electrical problems and architecture or if any of the components of your vehicle’s service limitations.
Services are not available if the GPS system is not working properly or the signals are obstructed.
Services may be affected by natural calamity, e.g. earthquake, floods, labor strikes, civil commotion, riots, war, or any other act or event that is beyond reasonable control of the app.
Services may be limited in certain situations to some geographic areas, which are otherwise generally available under GPS.
Services are not available if the wireless carrier suspends or restricts its service.
Services will not be available if the mobile network operator’s network is suspended or terminated due to any unavoidable circumstances.
If the Subscriber is unable to pay the yearly subscription bill within the due date, the service will be suspended immediately and we will not be liable for any kind of accident or theft of the vehicle during the suspended period of service.
Mileage report may differ by +/- 10 to 15 %.
GPS accuracy cannot be ensured 100%, and this may vary based on location and environment.
The service provider cannot ensure 100% server uptime, but we will try to ensure 99% server uptime.
There might be server issues from time to time while we upgrade our server or platform features.
The service provider recommends remote support for any software related after sales service.
The service provider cannot ensure 100% device online status due to mobile operator network availability.
Remote engine shutdown (immobilization) is available only on supported vehicle models.
Mobile application push alerts might not be 100% real time in some cases based on handset models, and in most cases will be delayed up to 2-3 minutes.
The service provider does not offer SMS alerts for vehicle events. We only offer email and push notifications. These alerts are not guaranteed 100% due to network congestion and other factors, and in some cases they might be delayed by some minutes.