Terms and Conditions

This website is owned and operated by Covert Eye Technologies Private Limited and its affiliates (collectively hereinafter referred to as “Cautio,” “we,” “us,” or “our”).
These Terms of Service (“Terms”) govern your legal rights to use or access our services, operating system, and websites (collectively, the “Services”) and hardware products/dashcam units (“Devices”).
The scope of Services and Devices is limited to those manufactured, sold, provided, or offered by Cautio. Kindly read these Terms carefully prior to purchasing or using the Devices or Services.
The term "you," "your," "yourself," or "Customer" as used in these Terms includes:

1. any person or entity who, directly or indirectly, purchases, consumes, uses, or gains access to the Devices and/or Services; and
2. the following "Covered Parties":
   1. any personnel responsible for the operation, maintenance, or driving of the Fleet, and/or
   2. your consumers, clients, or end users, as the context may require.

These Terms constitute a binding legal agreement between you and Cautio (the "Agreement"). Any access, purchase, or use of the Devices and/or Services signifies your unconditional acknowledgment and consent to these Terms.

Cautio and you are collectively referred to as the "Parties" and individually as a "Party".

If you do not agree with these Terms, please do not access, purchase, or use the Devices and/or Services.

1. Definitions

• "Action" means any claim, suit, allegation, charge, penalty, interest, damage, demand, cost, or investigation brought by a third party, governmental authority, or industry body.
• "Affiliate(s)" means any entity that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with a Party.
• "Applicable Law(s)" includes all statutes, enactments, rules, regulations, directives, notifications, and orders having the force of law in India.
• "Cautio Operating System" means Cautio's proprietary technology platform specializing in video telematics for the commercial vehicle industry.
• "Confidential Information" means all business, technical, financial, or proprietary data exchanged between the Parties, including but not limited to software codes, device specifications, trade secrets, and commercial terms.
• "Content" means any audio, video, image, text, or other material captured by the Devices or provided to Cautio in connection with the Services.
• "Failure" means Cautio's quantifiable inability to render Services or deliver Devices as mutually agreed, solely and directly due to Cautio.
• "Fleet" means vehicles owned, leased, hired, or onboarded by you where Devices are installed or to be installed.
• "Governmental Authority" means any statutory, governmental, or regulatory body having jurisdiction in India.
• "Intellectual Property" means all intellectual property rights, including patents, trademarks, copyrights, trade secrets, software, and proprietary data.
• "Malicious Code" means any virus, trojan, time bomb, or similar harmful software.
• "Order Form" refers to the definitive document executed between you and Cautio outlining commercial terms.
• "Person" means any natural or legal entity.
• "Security Deposit" means the one-time, interest-free deposit amount provided by you to Cautio at the beginning of the Term.
• "Subscription Fees" means the fees payable for Services and Devices.
• "Term" means the duration during which Services and/or Devices are rendered or accessed.
• "Usage Rights" means the rights granted to Cautio to use Content for analytics, hosting, and related internal purposes.

2. General

This Agreement represents the entire understanding between you and Cautio concerning your purchase or use of Devices and Services and supersedes all prior communications.
If any conflict arises between the Order Form and these Terms, the Order Form shall prevail.
If you are agreeing on behalf of an organization, you represent that you are authorized to bind that organization. Unauthorized users are prohibited from accessing or using the Devices or Services.
Cautio reserves the right to initiate legal action against any unauthorized access or use.

3. Amendment to the Terms

Cautio may revise these Terms at any time by updating this Agreement. Material changes will be communicated through reasonable means such as website notifications, email, or in-service alerts. Continued use of the Services or Devices constitutes acceptance of any such changes.

4. Access and Use

Cautio grants you a limited, non-exclusive, non-transferable, revocable license to access the Operating System and use the Devices during the Term.
You shall not:

1. Rent, lease, sell, sublicense, assign, or modify the Services/Devices.
2. Remove proprietary markings or damage the Devices.
3. Reverse engineer, reassemble, or copy the Services or Devices.
4. Use them for unlawful, fraudulent, or infringing purposes.
5. Introduce or transmit Malicious Code.
6. Allow unauthorized third parties to use them.

You are responsible for ensuring that Covered Parties comply with these Terms and shall be liable for any misuse or unauthorized acts by them.

5. Payment Terms

Commercials shall be defined in the executed Order Form or Scope of Work (SOW).
Payment is due within seven (7) days of the invoice date. Failure to pay may result in suspension of Services and penalties as per the following schedule:

• Delay >1 week: 10% per month interest
• Delay >2 weeks: 20% per month interest
• Delay >3 weeks: forfeiture of Security Deposit and termination rights to Cautio

Cautio reserves the right to deduct repair costs for damaged Devices from the Security Deposit.

6. Content

You are solely responsible for all Content. You represent and warrant that you own or have the rights to post such Content. You grant Cautio an irrevocable, worldwide, royalty-free, perpetual license to use, store, modify, and create derivative works from your Content to provide and improve the Services.
You agree to indemnify Cautio for any claims arising from your Content.

7. Audit

Cautio reserves the right to audit your access and usage of the Devices and Services. Any unauthorized or non-compliant use may result in suspension or restriction of access.

8. Representations and Warranties

You warrant that you will:

1. Use the Devices and Services in compliance with Applicable Law.
2. Promptly notify Cautio of any Failure.
3. Maintain sufficient balance for automatic payments.
4. Obtain all necessary consents from Covered Parties.
5. Grant Cautio access necessary to render the Services.

9. Disclaimer

The Services and Devices are provided “as is” and “as available.” Cautio disclaims all warranties, express or implied, including merchantability or fitness for a particular purpose. Cautio shall not be liable for interruptions, third-party failures, or external connectivity issues.

10. Intellectual Property

All Intellectual Property in the Devices and Services remains the sole property of Cautio. You may not claim ownership or modify any part thereof. You grant Cautio a royalty-free license to use your feedback for product improvements. Cautio may use your logo or brand name for marketing or client listing purposes.

11. Confidentiality

You shall:

• Keep all Confidential Information secure and use it only for contractual purposes.
• Restrict disclosure to authorized personnel on a need-to-know basis.
• Notify Cautio within three (3) days of any personnel change affecting access.

Cautio may seek injunctive or equitable relief for any breach of confidentiality.

12. Indemnity

You shall indemnify and hold harmless Cautio and its affiliates from any claims, damages, or expenses arising out of:

1. Breach of these Terms or Applicable Law;
2. Misuse of Devices or Services;
3. Infringement of third-party rights;
4. Any acts or omissions by you or your Covered Parties.

13. Limitation of Liability

Cautio’s aggregate liability shall not exceed the fees paid by you in the 30 days preceding the claim. Cautio shall not be liable for indirect, consequential, or punitive damages.

14. Termination

Cautio may terminate or suspend your access to the Devices or Services at its discretion for any breach or non-compliance with these Terms.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of India, and the courts at Bengaluru, India shall have exclusive jurisdiction.
Disputes shall first be attempted to be resolved amicably within 60 days, failing which they shall be referred to arbitration by a sole arbitrator appointed by Cautio under the Arbitration and Conciliation Act, 1996. Arbitration proceedings shall be held in Bengaluru and conducted in English.
Class or representative actions are expressly waived.

16. Privacy Policy

Refer to our Privacy Notice for details. By using our Services, you agree to its terms.

17. Miscellaneous

• Force Majeure: Cautio shall not be liable for failure to perform due to events beyond its control (war, natural disasters, strikes, etc.).
• Waiver and Severability: Failure to enforce any provision shall not constitute a waiver. Invalid provisions shall not affect the remainder.
• Notices:
  Covert Eye Technologies Private Limited
  2nd Floor, 2724, 31st Main Rd, PWD Quarters,
  1st Sector, HSR Layout, Bengaluru, Karnataka 560102
  Email: support@cautio.in
• Assignment: You may not assign this Agreement without prior written consent. Cautio may assign rights in case of merger, acquisition, or restructuring.

18. Grievance Redressal

For any grievances related to these Terms, please contact:
support@cautio.in