Terms of Service

FieldAssist Terms and Conditions

Terms of conditions listed below refer to the FieldAssist client application as well as the FieldAssist website (hereinafter referred to as ‘FieldAssist’ or ‘FA’). The FieldAssist is a service offered by the service provider
(hereinafter ‘Flick2Know Technologies’ or ‘Flick2Know’). General conditions of use apply to all FieldAssist users and site visitors.

The user (‘user’) is any legal or individual person who is using FieldAssist client application and/or assigned a username and a password for accessing the FieldAssist website/dashboard.

By accessing any part of the FieldAssist, the user agree to abide by these Terms and Conditions of Use.

Agreement

This agreement describes the terms governing the user’s use of the Field Assist and related services provided to the user on this website, including content, updates and new releases, (collectively, the “Services”). It includes
by reference, FieldAssist’s Privacy Statement available on this website or provided to the user in writing for the Services the user selected.

Use

FieldAssist is protected by copyright, trade secret, and other intellectual property laws. The user(s) are only granted the right to use the Services, and Flick2Know reserves all rights of ownership in the Services not granted
to the user in writing here. As long as the user meet any applicable payment obligations and comply with this agreement, Flick2Know grants to the user a personal, limited, non exclusive, non transferable right (except as expressly stated herein) to use the Services that is valid only for the period of use provided in the ordering and activation terms, and only for the purposes described by FieldAssist on the website for the Services.

Flick2Know Technologies maintains the FieldAssist and further strives to ensure the system’s availability (‘uptime’) 24 hours a day, all year round. The FieldAssist functions within the specifications and purposes of the
program, in a manner that Flick2Know has described in great detail in documents widely accessible to the public. Flick2Know does not bear responsibility for any disturbances and interruptions due to connectivity
issues or for any other occurrences beyond their direct control. Flick2Know shall not, at any time, be liable for any damage or loss of any kind, caused as a result of the improper use of the FieldAssist, due to inadequate
equipment or the inability to use it in the right way. Flick2Know shall in no way be liable for any damage arising from the inability to connect to the FieldAssist for the aforementioned reasons.

In using the FieldAssist, the user agrees:

  • Not to use false identities and/or use the system in an unauthorized manner, on behalf of any legal or private person
  • Not to use the FieldAssist for achieving any illegal goals
  • Not to obstruct the networks, which are needed to provide the service
  • Not to use any device, software, program or other means in order to obstruct the functioning of the web page, and not to obstruct transactions which are offered by the FieldAssist
  • Not to take any action which could damage the infrastructure of the FieldAssist
  • Not to use any tool to automate the access to the system (agents, robots…), for any reason.

Flick2Know reserves the right to restrict the user’s access to the FieldAssist, at any time, if the user violates any of the aforementioned regulations.

Trial Period

If the user(s) registered for a trial use of the Services (“Trial Period”), he/she/they must decide to purchase the Services within the Trial Period in order to retain any Content (defined in Section 6) that he/she/they have
posted or uploaded during the Trial Period. If the user do not purchase the Services by the end of the Trial Period, his/her/their content will no longer be made available, and Flick2Know will not be responsible for any of it.

To be very clear, after using the Services during the trial period, if user(s) decide not to purchase the full version of the Services, he/she/they will not be able to access or retrieve any of the data they added/created during the trial.

Content

The users are responsible for their content. The user are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) uploaded, posted or stored
through their use of the Services. The user grant Flick2Know a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide the user with the Services. The user agree not use the Services for any
illegal purpose or in violation of any applicable local, state, federal or international law. The user(s) is encouraged to archive his/her/their Content regularly and frequently. The user is responsible for any Content that may be
lost or unrecoverable through the user’s use of the Services. The user must provide all required and appropriate warnings, information and disclosure. The user agree that The user will not use the Services to share, store, or in
any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity
proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Flick2Know is not responsible for the Content or
data The user submits on the website.

The user agrees not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

  1. Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
  2. Content or data that would impersonate someone else or falsely represent the user’s identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third
    party without their consent (or a parent’s consent in the case of a minor);
  3. Except as otherwise permitted by Flick2Know in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
  4. Virus, trojan horse, worm or other disruptive or harmful software or data;
    and
  5. Any information, software or Content which is not legally the user’s and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.

Community forums.
The Services may include a community forum to exchange information with other users of the Services and the public. The user agrees to use respect when he/she interact with other users. Flick2Know does not
support and is not responsible for the accuracy of others’ content in these community forums. The user agrees not to reveal information in the community forum that he/she do not want to make public. Users may post hypertext links
to content hosted and maintained by third parties for which Flick2Know is not responsible.

Flick2Know may freely use feedback The user provide.
The user agree that FieldAssist or Flick2Know may use his/her feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials.
The user grant Flick2Know a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback he/she provide to FieldAssist and/or Flick2Know in any way.

Flick2Know may monitor the user’s content from time to time.
Flick2Know may,but has no obligation to, monitor content on the Services.We may disclose any information necessary or appropriate to satisfy our legal obligations, protect FieldAssist or its customers, or operate the Services
properly. Flick2Know, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

Permitted disclosures and Use of Data

The user acknowledge and agree that in order to provide him/her with access to and use of the Software and Services, Flick2Know may provide his/her Access Information and Account Data to (i) his/her/their employee or agent who is identified in the Registration Data as the current system administrator for the user’s account (the “Current Administrator”), (ii) such other employee or agent who may be designated by the user as a replacement administrator for the user’s account by following the procedures required by Flick2Know to effectuate such replacement, and (iii) any other person identified as an authorized user of the Software in the set-up interview form or in any subsequent communication to Flick2Know (collectively, “Information Recipients”).

Customer support

Flick2Know Technologies, being the sole provider of the FieldAssist service, is responsible for offering customer service to its users. FieldAssist customers may contact customer support at any time, provided that their
subscription to FieldAssist is still active.

Our support services predominantly serve the following needs:

  • Correction of mistakes made during the installation of the program’s equipment of the provider
  • Assistance with applications that are part of the FieldAssist via e-mail (the address of the user support) and/or by telephone.
  • In the unlikely scenario that a user spots any bugs or other kinds of errors in the system, he is to report immediately such finding to Flick2Know Technologies

The latter in turn commits itself to fix any bugs and correct any errors in the shortest amount of time possible. Flick2Know shall not bear responsibility for any damage a user might incur as a result of these inconveniences.

Software updates

From time to time, the FieldAssist service software may be updated. These updates are predominantly intended to improve, upgrade and further enhance FieldAssist’s service. Updates may consist of files for eliminating mistakes,
files with upgraded functions, new software modules and completely new versions of the software.

In order to facilitate the updating process, the download of new files from the provider’s server occurs automatically on the users’ smartphones. The user agrees to accept these files and to install them on his mobile device as part
of the FieldAssist.

Payments and system usage costs

The FieldAssist is available exclusively as a paid service. In order to use the system, a user must first first sign an agreement for use of the Field Assist. The service provider will charge for the costs of using the Field
Assist according to the tariffs valid on the day when the service is used or in compliance with the tariffs defined in the agreement.

Cancellation of services

Flick2Know Technologies reserves the right to terminate offering the Field Assist service to any and all users that violate the terms and conditions of usage.

Flick2Know may temporarily suspend the services of the FieldAssist to the users if they fail to settle the payments that they owe to the service provider.

The user has the right to cancel using the services of the FieldAssist at any time by submitting a written request for the termination of the agreement, unless otherwise agreed differently.

Security of access, privacy and data protection

Flick2Know Technologies reserves the right to collect statistics concerning the access and usage of the FieldAssist. Flick2Know will use all available technical and economically justifiable means to protect the user’s business
data from unauthorized access by other persons. In no event shall Flick2Know be responsible for legal or illegal breaches of a user’s personal data and their disclosure to a third person (by way of a court decision, by breaking
into the system, etc.)

Flick2Know will make sure that all internal associates are familiar with the proceedings and regulations for the security of data. In order to provide necessary security of data, the user will be entirely responsible for
maintaining the confidentiality of his usernames and passwords, and he will, by no means, forward them to other legal and private persons. In case a password is lost or stolen, the user agrees to notify Flick2Know immediately,
who, in that case only, will issue a new password and check for any intrusions.

Users failing to comply with the guidelines concerning passwords safety shall be liable for any possible damage resulting from the destruction or unwanted disclosure of their business data.

The user(s) can view FieldAssist’s Privacy Statement on the website, or via a link on the website for the Services he/she/it/they have selected. The user agree to be bound by the applicable FieldAssist’s Privacy Statement, subject
to change in accordance with its terms. Most importantly, The user agrees:

  1. To Flick2Know maintaining the user’s data according to the FieldAssist’s Privacy Statement, as part of the Services.
  2. To give Flick2Know permission to aggregate the user’s uploaded, non-personally identifiable account data with that of other users of the Service. By way of example, this means that Flick2Know may use that aggregated data to improve services, design promotions, or provide ways for The user to compare business
    practices with other users.
  3. Flick2Know is a global company and may access or store personal information in multiple countries, including countries outside of the European Union that may be deemed to have inadequate protections. When The user agree to these Terms of Service, The user agree to this practice.

Limitation of liability

Flick2Know Technologies hereby states that all information and services offered on their web pages are on an “as is”, “as available” basis without warranties of any kind on their availability and regularity i.e. its purpose.
The user utilizes the FieldAssist web/mobile application at his sole risk. In no event shall Flick2Know be liable for any direct or indirect losses or damages arising out of or in connection with his use of or inability to use
the information and/or services from this site, i.e. because of the possible mistakes or incorrect information which could be found on the site.

Flick2Know is continually working on offering the maximum in terms of technical correctness on their web pages. In no event shall Flick2Know be liable for any direct or indirect losses, damages or inconveniences arising out of possible technical difficulties or interrupted work.

Flick2Know hereby guarantees for the adequate equipment solely, and shall not be liable for any irregularity or unlawfulness, arising out of the use of inadequate equipment or the user’s inability to utilize it.

The user agrees to indemnify and hold Flick2Know and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of The user’s use of the
Services or breach of this Agreement (collectively referred to as “Claims”). Flick2Know reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. The user agree to
reasonably cooperate as requested by Flick2Know in the defense of any Claims.

Final regulations

Flick2Know Technologies reserves the right to alter general conditions of their business conduct and tariffs without any previous consent from its users. In case the user does not agree with any of these changes, he may
cancel the agreement at any time.

The contractual parties accept to solve all disputes, which could arise from their relationship, by mutual agreement. If an agreement is not possible, they shall refer to Court in New Delhi, India for resolving the dispute. Legal regulations of Delhi apply for any legal relationships arising from these conditions.

Gurgaon, Haryana,

January 10th, 2014.