Terms & Conditions of Use – SOS Service
COMPREHENSIVE LEGAL AGREEMENT - THIS DOCUMENT IS AN ELECTRONIC RECORD within the meaning of the Information Technology Act, 2000, the rules made thereunder, and all amendments thereto, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. This electronic record is generated by a computer system and does not require any physical or digital signature. These Terms & Conditions (“Terms”, “Agreement”) constitute a legally binding, valid, and enforceable contract under the laws of India between SOS Service, a technology-based service facilitation platform (“Company”, “SOS”, “We”, “Us”, “Our”), and any individual or entity who accesses, registers on, browses, or uses the Platform in any manner whatsoever (collectively, “Users”, “You”, “Your”). By accessing the Platform, registering an account, clicking the button marked “I ACCEPT”, or otherwise using the Platform, You expressly acknowledge and confirm that You have carefully read, fully understood, and voluntarily agreed to be bound by these Terms, including all schedules, policies, and future amendments, without limitation or qualification. If You do not agree to these Terms in their entirety, You must immediately discontinue use of the Platform. 1. COMPANY STATUS, LEGAL POSITION & ROLE OF THE PLATFORM SOS Service is conceived, structured, operated, and made available strictly as a technology-enabled intermediary platform within the meaning of the Information Technology Act, 2000 and the rules framed thereunder. The Company’s primary and exclusive function is to design, develop, own, license, operate, and maintain a digital infrastructure that enables Customers and independent third-party service professionals (“Technicians”) to discover, communicate, and contract with each other for the provision of household electrical, electronics, appliance repair, installation, inspection, maintenance, and allied services. At no point shall SOS Service be deemed to be rendering, performing, supervising, controlling, or guaranteeing any such Services, either directly or indirectly. The Company expressly disclaims any role as a service provider, contractor, consultant, electrical professional, or maintenance entity. All Services advertised, offered, accepted, or performed through the Platform are provided solely by Technicians in their independentcapacity and at their sole risk, responsibility, and discretion. SOS Service does not employ, engage, manage, direct, or supervise Technicians, nor does it control the manner, method, tools, materials, timing, pricing, execution, or outcome of any Services. Any appearance to the contrary is expressly denied and shall not give rise to any presumption of control, supervision, or liability. The Platform functions as a neutral digital marketplace and communication interface. Any listings, profiles, ratings, reviews, suggested pricing, service categories, availability indicators, or informational content displayed on the Platform are provided strictly for facilitation, convenience, and informational purposes only. Such information shall not be construed as a representation, endorsement, certification, guarantee, warranty, or assurance by SOS Service regarding the competence, quality, legality, safety, or suitability of any Technician or Service. Customers acknowledge that reliance on such information is entirely at their own discretion and risk. Nothing contained in this Agreement shall be interpreted to create any partnership, joint venture, agency, employment, franchise, fiduciary, or representative relationship between SOS Service and any User, including Technicians. Technicians shall at all times act as independent contractors and shall not represent themselves as agents, employees, or authorized representatives of the Company. The Company shall not be liable for any statements, representations, commitments, or warranties made by Technicians to Customers or third parties. SOS Service does not assume any responsibility for compliance with professional standards, statutory obligations, licensing requirements, safety norms, insurance coverage, tax compliance, or labour law obligations applicable to Technicians. All such obligations rest solely with the respective Technicians. The Company’s role is limited to providing access to the Platform on an “as is” and “as available” basis, without any assurance of uninterrupted, error-free, or secure operation. Any downtime, technical disruption, or service unavailability shall not give rise to any claim against the Company. For the avoidance of doubt, the contractual relationship for the provision of Services is exclusively between the Customer and the Technician. SOS Service is not a party to such contract and shall bear no liability arising out of or in connection with the performance, non-performance, delay, deficiency, negligence, misconduct, or breach thereof. This clause shall be interpreted broadly to preserve and protect the intermediary status of SOS Service under Applicable Law. 2. DEFINITIONS, INTERPRETATION & LEGAL CONSTRUCTION DEFINITIONS, INTERPRETATION & LEGAL CONSTRUCTION For the purposes of this Agreement, unless the context otherwise requires, capitalized terms shall have the meanings assigned herein. Words importing the singular shall includethe plural and vice versa. Words importing any gender shall include all genders. Headings are inserted for convenience only and shall not affect the interpretation of these Terms. “Applicable Law” shall include all statutes, enactments, rules, regulations, notifications, circulars, ordinances, guidelines, policies, judgments, decrees, orders, and directions of any governmental or regulatory authority having jurisdiction in India. “Customer” means any individual or legal entity that raises a Service Request on the Platform. “Technician” or “Service Partner” means an independent third-party professional or business entity registered on the Platform to provide Services. “Platform” includes the SOS Service website, mobile applications, software systems, APIs, call centers, dashboards, and all related technological infrastructure. “Services” refers to electrical, electronics, appliance-related repair, installation, maintenance, inspection, or advisory services offered by Technicians. “Service Request” means a request initiated by a Customer seeking Services through the Platform. In the event of ambiguity, the interpretation that preserves the Company’s intermediary status shall prevail. References to statutes shall include amendments and re-enactments thereof. 3. ACCEPTANCE, ELECTRONIC CONTRACTING & AMENDMENTS This Agreement is executed electronically in accordance with the Information Technology Act, 2000. User consent obtained through electronic means, including click-wrap, browse- wrap, or in-app acceptance, shall be legally valid and enforceable. The Company reserves the absolute and unilateral right to modify, amend, update, suspend, or replace any provision of these Terms at any time. Such modifications shall be effective immediately upon being posted on the Platform or otherwise communicated. Continued use of the Platform after such modification shall constitute deemed acceptance of the revised Terms. Users waive any right to receive individual notice of changes and agree that publication on the Platform shall be sufficient notice. If any modification is unacceptable, the sole remedy is to discontinue use of the Platform.4. USER ELIGIBILITY, REGISTRATION & ACCOUNT SECURITY Users must be at least eighteen (18) years of age and legally competent to contract under the Indian Contract Act, 1872. By registering, Users represent and warrant their eligibility and legal capacity. All information provided during registration must be true, accurate, complete, and current. SOS Service reserves the right to verify information and suspend or terminate accounts in case of misrepresentation. Users are solely responsible for maintaining confidentiality of login credentials and all activities conducted through their accounts. SOS Service shall not be liable for unauthorized access resulting from User negligence. 5. TECHNICIAN ELIGIBILITY, LICENSING & STATUTORY COMPLIANCE Technicians represent and warrant that they possess all licenses, permits, registrations, certifications, tools, and safety equipment required under Applicable Law, including but not limited to the Electricity Act, 2003, Central Electricity Authority Regulations, and local municipal regulations.Technicians shall remain solely responsible for compliance with labour laws, tax laws, GST, TDS, insurance, and social security obligations. SOS Service shall have no responsibility in this regard. 6. OBLIGATIONS, DUTIES & CONDUCT OF TECHNICIANS Technicians registered on the SOS Service Platform acknowledge and agree that they act solely as independent third-party service professionals and not as employees, agents, representatives, or affiliates of SOS Service. Technicians shall at all times conduct themselves in a lawful, professional, ethical, and responsible manner while using the Platform and while performing any Services arising from a Service Request. Technicians represent and warrant that they possess the requisite skill, training, experience, and competence to perform the Services they offer and that they shall exercise due skill, care, diligence, and prudence consistent with industry standards and applicable professional practices. Technicians shall strictly comply with all Applicable Laws, regulations, codes, standards, and guidelines, including but not limited to the Electricity Act, 2003, Central Electricity Authority regulations, local municipal by-laws, safety codes, environmental laws, and any other statutory requirements relevant to the Services. Technicians shall independently obtain, maintain, and renew all licenses, permits, registrations, certifications, approvals, and insurance policies required to lawfully perform the Services. SOS Service shall have no obligation to verify ongoing compliance, and any failure in this regard shall be solely attributable to the Technician.Technicians shall ensure that all tools, equipment, instruments, spare parts, and materials used in the performance of Services are safe, fit for purpose, compliant with applicable standards, and properly maintained. Technicians shall adhere to all safety protocols, including isolation of power supply where required, use of personal protective equipment, and implementation of risk mitigation measures. Any injury, loss, damage, accident, or death arising out of or in connection with the Services, whether to the Technician, the Customer, or any third party, shall be the sole responsibility of the Technician, and the Technician agrees to fully indemnify SOS Service against any related claims. Technicians shall provide clear, accurate, and transparent information to Customers regarding the scope of work, estimated timelines, pricing, and limitations prior to commencement of Services. Technicians shall not engage in deceptive, misleading, fraudulent, coercive, or unfair trade practices, including but not limited to misrepresentation of qualifications, inflation of prices, substitution of parts without consent, or demand for unauthorized payments. Technicians shall respect the Customer’s premises, property, and privacy and shall not engage in abusive, threatening, discriminatory, or unlawful conduct of any nature. Technicians shall be solely responsible for the determination, collection, and reporting of Service Fees, taxes, levies, duties, and statutory contributions, including GST, income tax, and any other applicable charges. The Company shall not be liable for any tax non- compliance or financial disputes. Technicians acknowledge that SOS Service does not guarantee availability of Service Requests or income and that acceptance or rejection of any Service Request is entirely at the Technician’s discretion. Technicians shall promptly address and attempt to resolve any disputes, complaints, or claims raised by Customers directly and in good faith. Technicians shall not hold SOS Service liable or seek to implead the Company in any dispute arising out of the Services. Any breach of this clause may result in suspension or termination of access to the Platform, without prejudice to SOS Service’s other rights and remedies under law. The obligations set forth herein shall survive termination of this Agreement. 7. OBLIGATIONS, RESPONSIBILITIES & CONDUCT OF CUSTOMERS Customers using the SOS Service Platform acknowledge and agree that their conduct, representations, and actions are material to the safe, lawful, and effective delivery of Services by independent Technicians. Customers shall, at all times, act in good faith, with honesty, civility, and reasonableness while interacting with the Platform, the Company, and Technicians. Customers undertake to comply with all Applicable Laws, including but not limited to local safety regulations, municipal by-laws, and any statutory requirements relevant to the premises where Services are to be performed. Customers shall provide accurate, complete, and truthful information at the time of raising a Service Request, including but not limited to the nature of the issue, scope of work, siteconditions, access constraints, and any known hazards. Any omission, misrepresentation, or concealment of material information that may affect the performance, safety, or feasibility of the Services shall be solely attributable to the Customer. SOS Service shall not be responsible for any delay, deficiency, damage, or additional cost arising due to inaccurate or incomplete information provided by the Customer. Customers are responsible for ensuring that the premises where Services are to be performed are safe, accessible, and suitable for the execution of the requested Services. This includes ensuring adequate lighting, ventilation, power isolation (where required), and removal of obstructions or hazardous materials. Customers shall inform the Technician in advance of any known risks, including faulty wiring, structural instability, water leakage, presence of pets, or any condition that may pose a risk to life or property. Any injury, loss, or damage suffered by a Technician due to unsafe premises shall be the sole responsibility of the Customer, and the Customer agrees to indemnify SOS Service against any related claims. Customers shall treat Technicians with dignity and respect and shall not engage in abusive, threatening, discriminatory, harassing, or unlawful behavior, whether verbal, physical, or otherwise. Any such conduct may result in immediate termination of access to the Platform, without prejudice to the Company’s other rights. Customers shall not demand Services beyond the agreed scope, coerce Technicians into providing free or additional work, or interfere with the Technician’s professional judgment. Customers agree to pay the mutually agreed Service Fee promptly upon completion of the Services or in accordance with the agreed payment terms. Customers shall not withhold payment on grounds unrelated to the actual performance of Services and shall resolve any disputes directly with the Technician. SOS Service shall not be liable for payment disputes, refunds, or chargebacks unless it has expressly collected the payment on behalf of the Technician. Customers further acknowledge that SOS Service is not a party to the contract for Services and shall not be responsible for the quality, outcome, or consequences of the Services. Customers assume all risks associated with engaging independent Technicians through the Platform and agree that any recourse shall lie solely against the Technician concerned. This clause shall survive termination of this Agreement. 8. PRICING, PAYMENTS, TAXES & NO AGENCY Users expressly acknowledge and agree that SOS Service does not determine, fix, control, mandate, regulate, or influence the pricing, consideration, or commercial terms applicable to any Services offered or rendered by Technicians through the Platform, except to the limited extent of displaying indicative, non-binding price ranges or service descriptions for informational and facilitative purposes only. Any such indicative pricing, estimates, or suggested charges displayed on the Platform are purely illustrative in nature, may varybased on scope, complexity, site conditions, and other factors, and shall not be construed as a representation, warranty, or guarantee by SOS Service of the final Service Fee. The final Service Fee, scope of work, mode of payment, and related commercial terms shall be mutually agreed directly between the Customer and the Technician, prior to or upon commencement of the Services. SOS Service is not a party to such commercial arrangement and shall not be responsible or liable for any dispute, disagreement, non- payment, delayed payment, short payment, overcharging, refund claim, or chargeback arising between the Customer and the Technician. Customers and Technicians agree that any such disputes shall be resolved inter se, without recourse to or involvement of SOS Service. Payments for Services may, at the discretion of SOS Service, be facilitated through the Platform or may be made directly by the Customer to the Technician using cash, digital payment instruments, bank transfer, or any other mutually agreed method. Where SOS Service facilitates payment collection as a limited convenience feature, the Company acts solely as a payment collection intermediary and not as a trustee, escrow agent, or guarantor of payment. SOS Service does not assume responsibility for ensuring successful completion of transactions, settlement timelines, or reconciliation of payments, and any technical failure, delay, or error shall not give rise to liability on the part of the Company. Technicians shall be solely responsible for determination, collection, declaration, reporting, and payment of all applicable taxes, levies, duties, cess, contributions, and statutory charges arising out of or in connection with the Services, including but not limited to Goods and Services Tax (GST), income tax, withholding tax, professional tax, and any other applicable local, state, or central taxes. SOS Service shall not be responsible for deduction, collection, remittance, or compliance of any such taxes unless expressly mandated by Applicable Law. Technicians represent and warrant that they shall comply with all tax laws and shall indemnify SOS Service against any claims, penalties, interest, or proceedings arising from non-compliance. Nothing contained in this clause or elsewhere in this Agreement shall be construed to create any agency, partnership, joint venture, employment, or representative relationship between SOS Service and any User. Neither Customers nor Technicians shall have any authority to bind, obligate, or represent SOS Service in any manner whatsoever. The commercial dealings facilitated through the Platform are strictly between the Customer and the Technician, and SOS Service disclaims all liability arising therefrom. This clause shall survive termination of this Agreement. 9. PLATFORM FEES, SUBSCRIPTIONS & COMMERCIAL TERMS SOS Service reserves the exclusive and absolute right to levy, modify, revise, introduce, withdraw, or restructure any fees, charges, subscriptions, commissions, facilitation fees,technology usage fees, convenience fees, penalties, taxes, or any other commercial consideration (collectively, “Platform Fees”) for access to or use of the Platform, whether payable by Technicians, Customers, or both, strictly in accordance with Applicable Law. Platform Fees may be structured in any commercially viable manner as determined by SOS Service in its sole discretion, including but not limited to one-time charges, recurring subscriptions (daily, weekly, monthly, annual), per-lead charges, per-transaction charges, percentage-based commissions, or hybrid models. Technicians expressly acknowledge and agree that access to the Platform constitutes a commercial privilege and not a right. SOS Service does not provide, and expressly disclaims, any guarantee or assurance of minimum service requests, income, earnings, profitability, exclusivity, territory, continuity of work, or business volume. Payment of Platform Fees does not create any entitlement, vested right, or assurance of work, revenue, or continued access to the Platform. SOS Service merely facilitates a technology- enabled connection between Technicians and Customers, and all commercial, operational, and financial risks associated with acceptance, rejection, execution, or completion of Service Requests shall rest solely with the Technician. All Platform Fees, along with any applicable statutory taxes, levies, or deductions (including but not limited to GST, TDS, or other government-mandated charges), shall be payable in advance or within such timelines as specified by SOS Service through the Platform or related communications. Any outstanding dues, commissions, fees, penalties, or tax amounts must be fully settled within forty-eight (48) hours of becoming payable or from the date of notification, whichever is earlier. Failure to settle the outstanding amount within the stipulated 48-hour period shall result in automatic blocking of further service allotments, and SOS Service may, at its sole discretion, suspend, restrict, or terminate the Technician’s access to the Platform without prior notice. Such restriction shall continue until all outstanding amounts are fully cleared. SOS Service shall not be liable for any loss of income, business opportunity, reputation, goodwill, or consequential damages suffered by the Technician as a result of such suspension, restriction, or termination arising from non-payment or delayed settlement. Unless expressly stated otherwise in writing, all Platform Fees are non-refundable and non-transferable, regardless of whether the Technician actively uses the Platform, receives Service Requests, or completes any Services during the applicable subscription or billing period. No refund, credit, or adjustment shall be provided for partial usage, early termination, suspension, downtime, technical issues, or lack of service requests, except where expressly required under Applicable Law. Technicians irrevocably waive any claim for refund on grounds including dissatisfaction, non-utilization, or lack of business. SOS Service may, at its discretion, offer promotional discounts, incentives, free trials, or temporary fee waivers. Such offers shall be governed by specific terms, may be modified orwithdrawn at any time without notice, and shall not create any precedent, expectation, or entitlement to future concessions. SOS Service reserves the right to revise Platform Fees prospectively by providing reasonable notice through the Platform, and continued access or use of the Platform shall constitute deemed acceptance of such revised fees. Nothing contained herein shall be construed as creating any partnership, joint venture, agency, employment, or revenue-sharing relationship between SOS Service and any User. Platform Fees represent consideration solely for access to the Platform’s technology and facilitation services and are independent of the service charges negotiated between Technicians and Customers. 10. DISCLAIMERS, EXCLUSIONS & ASSUMPTION OF RISK Users expressly acknowledge, understand, and agree that SOS Service functions solely as a technology-enabled intermediary platform and does not provide, control, supervise, manage, or guarantee any Services offered or rendered by Technicians. Accordingly, all Services accessed through the Platform are provided by independent third-party Technicians on an “AS IS”, “AS AVAILABLE”, and “WITH ALL FAULTS” basis, without any representation, warranty, assurance, or condition of any kind, whether express, implied, statutory, or otherwise, to the maximum extent permitted under Applicable Law. SOS Service expressly disclaims all warranties and conditions, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quality, accuracy, reliability, timeliness, completeness, safety, suitability, or compliance with any standards or regulations. The Company does not warrant that the Services will meet Customer expectations, achieve intended results, be uninterrupted, error-free, or free from defects, omissions, or harmful components. Any reliance placed by Users on information, recommendations, ratings, reviews, or content available on the Platform is strictly at their own discretion and risk. Users acknowledge that engaging third-party Technicians for electrical, electronics, appliance repair, installation, or maintenance services inherently involves risks, including but not limited to property damage, equipment failure, electrical hazards, fire, injury, death, data loss, or financial loss. Customers voluntarily assume all such risks arising out of or in connection with the engagement of Technicians through the Platform. SOS Service shall not be liable for any loss, damage, injury, or harm suffered by any User or third party as a result of the Services, except to the limited extent required by Applicable Law. Technicians acknowledge that they independently assess and accept Service Requests at their own risk and discretion. SOS Service does not guarantee the accuracy of Customer- provided information, site conditions, safety of premises, or availability of resources. Technicians assume full responsibility for evaluating risks prior to and during performance of Services and for implementing appropriate safety measures. Any injury, loss, or damage sustained by a Technician shall not give rise to any claim against SOS Service.SOS Service further disclaims responsibility for any acts, omissions, negligence, misconduct, misrepresentation, breach of contract, or violation of law by any User. The Company shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, business, goodwill, data, or reputation, even if advised of the possibility of such damages. Users expressly waive any claims against SOS Service arising out of dissatisfaction with Services or disputes with other Users. By using the Platform, Users irrevocably agree to assume all risks associated with their use of the Platform and the Services facilitated thereby. This clause shall be interpreted broadly in Favor of SOS Service and shall survive termination or expiration of this Agreement. 11. LIMITATION OF LIABILITY & DAMAGES To the maximum extent permitted under Applicable Law, SOS Service, its directors, officers, employees, affiliates, agents, and licensors shall not be liable to any User or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages whatsoever, including but not limited to loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, loss of data, loss of use, business interruption, reputational harm, or any other intangible or economic loss, whether arising in contract, tort (including negligence), strict liability, warranty, statute, or otherwise, even if SOS Service has been advised of the possibility of such damages. Users expressly acknowledge and agree that SOS Service’s role is limited to providing access to a technology platform and that the Company does not provide, supervise, or control any Services. Accordingly, SOS Service shall not be liable for any acts, omissions, negligence, misconduct, breach of contract, misrepresentation, fraud, or statutory violation committed by any Technician, Customer, or other User. Any claims arising out of or in connection with the Services, including claims for personal injury, death, property damage, electrical hazards, fire, equipment failure, or economic loss, shall lie exclusively against the relevant Technician or Customer, as applicable. Without prejudice to the foregoing, and to the fullest extent permitted by law, the aggregate liability of SOS Service for any and all claims, demands, actions, proceedings, losses, damages, costs, or expenses arising out of or in connection with this Agreement, the Platform, or the use thereof, shall not exceed the total amount of Platform Fees actually received by SOS Service from the concerned User during the six (6) months immediately preceding the event giving rise to such liability. Where no Platform Fees have been paid by the User, SOS Service’s liability shall be limited to INR 1,000 (Rupees One Thousand only) or such minimum amount as mandated by Applicable Law, whichever is lower. SOS Service shall not be liable for any delay, failure, interruption, or unavailability of the Platform resulting from technical issues, system maintenance, cyber incidents, data breaches, force majeure events, acts of government, third-party service provider failures,or circumstances beyond its reasonable control. Users waive any claims arising from such events and acknowledge that uninterrupted or error-free operation of the Platform is not guaranteed. Users further agree that any cause of action or claim arising out of or relating to the use of the Platform or these Terms must be commenced within one (1) year after the cause of action accrues, failing which such claim shall be permanently barred. The limitations and exclusions set forth in this clause shall apply notwithstanding the failure of essential purpose of any limited remedy and shall survive termination or expiration of this Agreement. 12. INDEMNIFICATION & HOLD HARMLESS Users, including without limitation Customers and Technicians, hereby agree to indemnify, defend, and hold harmless SOS Service, its parent entity, affiliates, group companies, directors, officers, employees, agents, contractors, licensors, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, investigations, losses, damages, liabilities, penalties, fines, costs, and expenses of whatsoever nature, including reasonable attorneys’ fees and legal costs, arising out of, relating to, or in connection with (a) any breach or alleged breach of these Terms by the User; (b) the User’s violation of any Applicable Law, regulation, guideline, or order; or (c) the User’s misuse of the Platform. Without limiting the generality of the foregoing, Technicians shall specifically indemnify and hold harmless the Indemnified Parties from and against any claims, losses, damages, liabilities, or proceedings arising out of or relating to (i) the performance or non- performance of Services; (ii) any injury, death, property damage, fire, electrical hazard, equipment failure, or economic loss caused to Customers, third parties, or property; (iii) negligence, misconduct, fraud, misrepresentation, or omission on the part of the Technician; (iv) failure to obtain or maintain required licenses, permits, certifications, or insurance; and (v) non-compliance with tax laws, labour laws, GST, income tax, social security obligations, or any other statutory requirements. The indemnity obligations of Technicians shall apply irrespective of whether SOS Service is impleaded as a party to any such claim or proceeding. Customers shall similarly indemnify and hold harmless the Indemnified Parties from and against any claims, demands, losses, damages, liabilities, or proceedings arising out of or relating to (i) unsafe, defective, or hazardous conditions at the premises; (ii) inaccurate, incomplete, or misleading information provided in a Service Request; (iii) failure to make payment of agreed Service Fees; (iv) abusive, unlawful, or discriminatory conduct towards Technicians; or (v) any dispute, claim, or allegation made by third parties arising from the Customer’s engagement of Services through the Platform.The indemnity provided under this clause shall include the obligation to reimburse the Indemnified Parties for any amounts paid in settlement of claims, judgments, awards, or decrees, as well as all associated legal and administrative costs. SOS Service shall have the right, but not the obligation, to participate in the defense or settlement of any claim subject to indemnification, at its own expense, without prejudice to its rights under this Agreement. Users shall not settle any claim that imposes any liability or obligation on SOS Service without the Company’s prior written consent. The indemnification and hold harmless obligations set forth herein are independent of and in addition to any other rights or remedies available to SOS Service under law or equity. These obligations shall survive termination or expiration of this Agreement and shall apply notwithstanding any limitation of liability provisions contained herein, to the maximum extent permitted by Applicable Law. 13. INTELLECTUAL PROPERTY RIGHTS All intellectual property rights in and to the Platform, including but not limited to the website, mobile applications, software code, algorithms, databases, dashboards, user interfaces, designs, graphics, logos, trademarks, service marks, trade names, domain names, text, content, photographs, videos, audio clips, workflows, and all related documentation (collectively, the “Platform IP”) are and shall remain the exclusive property of SOS Service or its licensors. Nothing contained in this Agreement shall be construed as transferring, assigning, or granting any ownership rights in the Platform IP to any User. Users are granted a limited, revocable, non-exclusive, non-transferable, and non- sublicensable license to access and use the Platform solely for lawful purposes and strictly in accordance with these Terms. This license does not permit any resale, commercial exploitation, modification, reverse engineering, decompilation, disassembly, copying, reproduction, distribution, public display, or creation of derivative works from the Platform IP, except as expressly permitted by SOS Service in writing. Any unauthorized use of the Platform IP shall constitute a material breach of this Agreement and may result in immediate suspension or termination of access, in addition to civil and criminal liability under Applicable Law, including the Copyright Act, 1957 and the Trade Marks Act, 1999. SOS Service reserves all rights not expressly granted herein. Users retain ownership of content they submit on the Platform; however, by submitting such content, Users grant SOS Service a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, display, distribute, and exploit such content for Platform operations, analytics, marketing, and legal compliance. This clause shall survive termination.14. DATA PROTECTION, PRIVACY & CONFIDENTIALITY SOS Service recognizes the importance of protecting the personal data, sensitive personal data, and confidential information of its Users and is committed to processing such information in a lawful, fair, transparent, and secure manner. This clause shall be read in conjunction with the Company’s Privacy Policy and is intended to comply with Applicable Law, including the Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and any subsequent amendments or data protection legislation enacted in India. By accessing or using the Platform, Users expressly consent to the collection, receipt, storage, processing, use, sharing, disclosure, and transfer of their personal data and information, including but not limited to name, contact details, identity documents, location data, device information, payment-related data, and service-related information, for legitimate business purposes. Such purposes include account creation, verification, service facilitation, communication, payment processing, customer support, analytics, fraud detection, dispute resolution, legal compliance, and improvement of Platform functionality. Users acknowledge and agree that SOS Service may share personal data with Technicians, Customers, payment gateways, banks, cloud service providers, analytics partners, marketing partners, affiliates, and governmental or regulatory authorities, strictly on a need-to-know basis and where such sharing is necessary for performance of contractual obligations or compliance with Applicable Law. SOS Service does not sell personal data to third parties; however, it may disclose data pursuant to legal process, court orders, or governmental requests. SOS Service shall implement reasonable security practices and procedures, including administrative, technical, and physical safeguards, to protect User data against unauthorized access, alteration, disclosure, or destruction. Notwithstanding such measures, Users acknowledge that no system is completely secure and that SOS Service does not guarantee absolute security of data transmitted over the internet or stored on its systems. To the maximum extent permitted by law, SOS Service shall not be liable for data breaches caused by factors beyond its reasonable control, including cyberattacks, third- party failures, or force majeure events. Users agree to maintain strict confidentiality of any non-public, proprietary, or sensitive information accessed through the Platform, including business information of SOS Service or other Users. Users shall not disclose, misuse, or exploit such confidential information for any purpose other than lawful use of the Platform. Any breach of confidentiality obligations may result in immediate termination and indemnification liability. Users retain the right to access, correct, or update their personal data as permitted under Applicable Law. Continued use of the Platform shall constitute ongoing consent to dataprocessing as described herein. The obligations under this clause shall survive termination or expiration of this Agreement. 15. COMMUNICATION, ELECTRONIC NOTICES & CONSENT Users expressly acknowledge and agree that all communications, notices, disclosures, agreements, and information provided by SOS Service in connection with the Platform and these Terms may be delivered electronically. Such electronic communications may include, without limitation, communications through email, SMS, WhatsApp messages, push notifications, in-app notifications, automated or manual phone calls, website postings, dashboards, or any other electronic means as determined by SOS Service from time to time. Users hereby provide their free, informed, specific, and unconditional consent to receive such communications. Electronic communications sent by SOS Service shall constitute valid and legally binding notices under Applicable Law, including the Information Technology Act, 2000, and shall have the same legal effect as written notices delivered physically. Users expressly waive any right to object to the validity, enforceability, or admissibility of electronic records, communications, or logs maintained by SOS Service in any legal proceeding, arbitration, or regulatory inquiry, on the ground that such records are in electronic form or were not physically signed. SOS Service may communicate with Users for various purposes, including but not limited to account registration and verification, service request updates, transaction confirmations, payment reminders, security alerts, fraud prevention, dispute resolution, policy updates, legal notices, customer support, feedback requests, and promotional or marketing communications. Users acknowledge that certain communications, particularly transactional, operational, security-related, or legal communications, are essential for the functioning of the Platform and cannot be opted out of. Where Applicable Law permits, SOS Service may also send promotional, informational, or marketing communications to Users. Users may opt out of such promotional communications through the mechanisms provided on the Platform or in the communication itself; however, such opt-out shall not affect the receipt of mandatory transactional or legal communications. SOS Service shall not be liable for any loss, inconvenience, or damage suffered by Users due to delayed, failed, or undelivered communications caused by incorrect contact information, network issues, device limitations, spam filters, or circumstances beyond its reasonable control. Users are solely responsible for ensuring that the contact details provided to SOS Service are accurate, complete, and up to date. Any notice or communication sent by SOS Service to the last registered contact details shall be deemed to have been duly delivered, irrespective of whether the User actually receives or reads such communication. Usersacknowledge that failure to receive or read electronic communications shall not absolve them of their obligations under these Terms. By using the Platform, Users further consent to the recording, monitoring, and storage of communications between Users and SOS Service, including customer support calls and in-app chats, for purposes of quality assurance, training, dispute resolution, fraud detection, and legal compliance. This clause shall survive termination or expiration of this Agreement. 16. SUSPENSION, TERMINATION & SURVIVAL SOS Service reserves the absolute, sole, and unfettered right, at any time and without liability, to suspend, restrict, limit, or terminate a User’s access to the Platform, whether temporarily or permanently, with or without prior notice, and with or without assigning any reason. Such action may be taken where SOS Service, in its sole discretion, believes that the User has breached or is likely to breach these Terms, violated any Applicable Law, engaged in fraudulent, abusive, misleading, unsafe, or unlawful conduct, misused the Platform, posed a risk to other Users, the Platform, or the public, or where such action is required to protect the legitimate interests, reputation, or legal compliance of SOS Service. SOS Service may also suspend or terminate access for reasons including, but not limited to, non-payment of Platform Fees, provision of false or misleading information, repeated customer complaints, low service ratings, safety violations, misuse of intellectual property, or upon receipt of lawful orders from governmental, regulatory, or judicial authorities. Users expressly acknowledge that SOS Service is under no obligation to provide a hearing, justification, or opportunity to cure prior to suspension or termination, except where mandated by Applicable Law. Upon suspension or termination of access for any reason, all rights, licenses, and permissions granted to the User under these Terms shall immediately cease, and the User shall promptly discontinue all use of the Platform. SOS Service shall not be liable for any loss of data, business, income, goodwill, reputation, or opportunity suffered by the User as a result of such suspension or termination. Any outstanding payment obligations owed by the User to SOS Service or other Users shall remain payable notwithstanding termination. Users may voluntarily terminate their account by following the procedures prescribed on the Platform, subject to settlement of all outstanding obligations. Termination by the User shall not entitle the User to any refund of Platform Fees or other charges already paid, unless expressly required under Applicable Law. SOS Service may retain User data for a reasonable period after termination for purposes of legal compliance, dispute resolution, audit, fraud prevention, or enforcement of rights. Notwithstanding termination or expiration of this Agreement for any reason, the provisions which by their nature are intended to survive, including but not limited to clauses relatingto definitions, intellectual property rights, data protection and confidentiality, pricing and payments, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and survival, shall continue in full force and effect. Termination shall not affect any rights or remedies accrued prior to termination. This clause shall be interpreted broadly in favor of SOS Service and shall survive termination. 17. FORCE MAJEURE (Minimum 250 Words) SOS Service shall not be liable or responsible for any failure, delay, interruption, or inability to perform any of its obligations under these Terms, whether in whole or in part, if such failure or delay is caused by or arises out of events, circumstances, or causes beyond its reasonable control (“Force Majeure Event”). Force Majeure Events shall include, without limitation, acts of God, natural disasters such as floods, earthquakes, cyclones, fires, storms, lightning, epidemics, pandemics, public health emergencies, acts of war, terrorism, riots, civil unrest, strikes, lockouts, labor disputes, governmental actions, changes in law, court orders, regulatory restrictions, embargoes, power failures, internet outages, telecommunication failures, cyberattacks, data breaches, system failures, acts or omissions of third-party service providers, or any other event beyond the reasonable control of SOS Service. During the continuance of a Force Majeure Event, the obligations of SOS Service under these Terms shall be suspended to the extent and for the duration affected by such Force Majeure Event, without liability or penalty. SOS Service shall use reasonable efforts to resume performance as soon as practicable after the cessation of the Force Majeure Event; however, Users acknowledge and agree that no specific timeframe for resumption is guaranteed. SOS Service shall not be required to incur additional expense, adopt alternative arrangements, or prioritize any User over another in order to mitigate the effects of a Force Majeure Event. Users expressly acknowledge that Force Majeure Events may adversely affect the availability, functionality, performance, security, or continuity of the Platform and related services, including payment processing, communication systems, data access, or service facilitation. Users waive any right to claim damages, refunds, service credits, or compensation arising out of or relating to such disruptions or unavailability caused by Force Majeure Events. SOS Service shall not be liable for any loss of business, revenue, profits, data, goodwill, or opportunity suffered by Users as a result of a Force Majeure Event. If a Force Majeure Event continues for an extended period such that the performance of the Platform becomes commercially impracticable, SOS Service reserves the right, in its sole discretion, to modify, suspend, or permanently discontinue the Platform or any part thereof, without liability to Users. Any such modification, suspension, or discontinuation shall not entitle Users to any refund or compensation, except where expressly required under Applicable Law.This Force Majeure clause shall be interpreted broadly to provide maximum protection to SOS Service and shall apply notwithstanding any other provision of these Terms. The existence of a Force Majeure Event shall not relieve Users of their obligations to make payments or comply with applicable laws to the extent such obligations are not directly prevented by the Force Majeure Event. This clause shall survive termination or expiration of this Agreement. 18. GOVERNING LAW, DISPUTE RESOLUTION & JURISDICTION This Agreement, the Platform, and all transactions, interactions, claims, disputes, or controversies arising out of or in connection with these Terms, the use of the Platform, or the Services facilitated thereby shall be governed by and construed in accordance with the laws of India, without regard to any conflict of law principles that may require the application of laws of any other jurisdiction. The Parties expressly agree that the provisions of the Indian Contract Act, 1872, the Information Technology Act, 2000, the Consumer Protection Act, 2019, and all other applicable statutes, rules, and regulations in force in India shall apply. In the event of any dispute, controversy, claim, or disagreement of any nature whatsoever arising between SOS Service and any User, including Customers or Technicians, whether in contract, tort, statute, or otherwise (“Dispute”), the Parties shall first endeavor to resolve such Dispute amicably through good faith negotiations within a period of thirty (30) days from the date on which one Party notifies the other of the existence of the Dispute. Such negotiations may be conducted through written communication, electronic correspondence, or meetings, at the discretion of SOS Service. If the Dispute is not resolved amicably within the aforesaid period, the Parties agree that SOS Service shall have the exclusive right to determine the appropriate forum for resolution of the Dispute, subject to Applicable Law. Without prejudice to the foregoing, SOS Service may elect to resolve the Dispute through arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. In such case, the arbitration shall be conducted by a sole arbitrator appointed exclusively by SOS Service. The seat and venue of arbitration shall be Cuttack,Odisha, India, and the arbitration proceedings shall be conducted in the English language. The arbitral award shall be final, binding, and enforceable upon the Parties. Notwithstanding the above, SOS Service reserves the right to seek interim, injunctive, or equitable relief from any court of competent jurisdiction to protect its intellectual property rights, confidential information, or to prevent irreparable harm, without being required to initiate or continue arbitration proceedings. Users expressly waive any objection to such proceedings on the grounds of jurisdiction or forum. Subject to the arbitration clause above and to the extent arbitration is not elected or is not permissible under Applicable Law, the courts located at Cuttack, Odisha, India, shall haveexclusive jurisdiction over all Disputes. Users irrevocably submit to such jurisdiction and expressly waive any objection on the grounds of forum non conveniens or lack of territorial jurisdiction. This clause shall survive termination or expiration of this Agreement. 19. SEVERABILITY, WAIVER & ASSIGNMENT Severability If any provision, clause, condition, or part of these Terms is held to be invalid, illegal, void, unenforceable, or contrary to Applicable Law by any court, tribunal, or competent authority of jurisdiction, such provision shall be deemed to be severed from this Agreement to the extent of such invalidity or unenforceability. The remaining provisions of these Terms shall continue to remain valid, binding, and enforceable to the fullest extent permitted by law and shall not be affected or impaired by such severance. The Parties expressly agree that any invalid or unenforceable provision shall be interpreted and reformed, to the extent permissible, so as to give effect as closely as possible to the original commercial intent of the Parties while complying with Applicable Law. The severability of provisions under this Agreement shall apply irrespective of whether the invalidity or unenforceability arises due to statutory changes, judicial interpretation, regulatory action, or conflict with mandatory provisions of law. The failure of any specific provision shall not invalidate this Agreement as a whole, and the remaining provisions shall continue to operate independently and cumulatively. Waiver Any failure or delay by SOS Service in exercising any right, power, privilege, or remedy under these Terms shall not operate or be construed as a waiver thereof. No waiver by SOS Service of any breach, default, or violation by a User shall be deemed to be a waiver of any subsequent or continuing breach, default, or violation. Any waiver must be expressly made in writing and signed by an authorized representative of SOS Service to be effective. Users expressly acknowledge that the rights and remedies available to SOS Service under these Terms are cumulative and not exclusive of any rights or remedies available under Applicable Law. The exercise of any single right or remedy shall not preclude the exercise of any other right or remedy. No custom, course of dealing, usage of trade, or prior conduct between the Parties shall be deemed to modify, waive, or limit any provision of these Terms. Assignment Users shall not assign, transfer, novate, subcontract, or otherwise dispose of any of their rights, obligations, or liabilities under these Terms, in whole or in part, whether voluntarily, involuntarily, by operation of law, merger, restructuring, or otherwise, without the priorwritten consent of SOS Service. Any attempted assignment or transfer in violation of this clause shall be null, void, and of no legal effect. SOS Service shall have the unrestricted right to assign, transfer, novate, delegate, or otherwise dispose of this Agreement, in whole or in part, to any affiliate, group company, successor entity, or third party, including as part of a merger, acquisition, corporate restructuring, sale of business, or transfer of assets, without requiring any consent or notice to Users. Such assignment shall not affect the validity or enforceability of these Terms. This clause shall survive termination or expiration of this Agreement. 20. ENTIRE AGREEMENT & FINAL ACKNOWLEDGEMENT This Agreement, together with all policies, guidelines, schedules, annexures, and documents expressly incorporated by reference, including but not limited to the Privacy Policy, payment-related policies, technician onboarding terms, and any other rules or notices published by SOS Service from time to time, constitutes the entire, complete, and exclusive agreement between SOS Service and the User with respect to the subject matter hereof. This Agreement supersedes and replaces all prior or contemporaneous agreements, understandings, representations, communications, negotiations, assurances, or arrangements, whether oral or written, relating to the use of the Platform or the Services facilitated thereby. Users expressly acknowledge and agree that, in entering into this Agreement, they have not relied upon any statement, representation, warranty, assurance, promise, or inducement not expressly set forth in these Terms. Any information, marketing material, advertisements, FAQs, explanations, or responses provided by SOS Service through the Platform, customer support channels, social media, or otherwise are for informational purposes only and shall not be deemed to modify, supplement, or override the provisions of this Agreement unless expressly incorporated herein in writing. In the event of any inconsistency or conflict between these Terms and any other policy, guideline, or document issued by SOS Service, the provisions of these Terms shall prevail unless expressly stated otherwise. SOS Service reserves the right to update, modify, or replace this Agreement or any part thereof at any time in accordance with the amendment provisions herein, and continued use of the Platform after such modification shall constitute deemed acceptance of the revised Agreement. Users further acknowledge that this Agreement is an electronic record executed in accordance with the Information Technology Act, 2000, and that their consent is validly obtained through electronic means, including click-wrap, browse-wrap, in-app acceptance, or continued use of the Platform. Users expressly waive any right to challenge the validity, enforceability, or admissibility of this Agreement on the grounds that it is in electronic form or not physically signed.By accessing or using the Platform, Users affirm, represent, and warrant that they have read this Agreement in its entirety, fully understood its contents, and voluntarily agreed to be legally bound by all its terms and conditions. Users further acknowledge that this Agreement creates binding legal obligations and that failure to comply with its provisions may result in suspension, termination, or legal action. This clause shall survive termination or expiration of this Agreement.
END OF TERMS & CONDITIONS