End User Licence Agreement

PRIVACY POLICY

Introduction

Welcome to Eicher Motors Limited’s privacy policy, applicable to the Flying Flea website (https://flyingflea.royalenfield.com/in/en) and the mobile application (collectively referred to as the "Platform"). Flying Flea, a brand by Royal Enfield (a unit of Eicher Motors Limited), is deeply committed to protecting your personal information when you are using our Platform. Our priority is to ensure that our digital services remain safe, secure, and transparent for all our users.

To achieve this, we rely on uniform practices for collecting, using, disclosing, storing, retaining, disposing, accessing, transferring, or otherwise processing your data. These standardized practices assist us in handling your personal information fairly and appropriately, ensuring it is only disclosed or transferred under appropriate circumstances. This privacy policy relates specifically to our use of any personal information we collect from you across the Flying Flea Platform.

This policy outlines exactly how we utilize the personal information gathered through our digital touchpoints. Please read this privacy policy thoroughly before using the Flying Flea Platform or submitting any personal details. Understanding these practices helps ensure a secure and trustworthy digital environment as you explore the world of Flying Flea.

1. Important information and who we are

Purpose

This privacy policy aims to provide you with comprehensive information on how we collect and process your personal data through your use of the Flying Flea website and mobile application (the "Platform"). This includes any data you may provide when you register interest, pre-book a vehicle, or sync your mobile device with your Flying Flea motorcycle. It is designed to help you understand what data we collect, why we collect it, and how we ensure its protection throughout its lifecycle.

Age Restriction

The Flying Flea Platform is designed for adults of legal riding age. It is not intended for children, and we do not knowingly collect or solicit any personal data relating to children. If we learn that we have collected personal information from a child without verifiable parental consent, we will deactivate the account and take reasonable measures to promptly delete such data from our records.

Data fiduciary

Eicher Motors Limited ("we", "us" or "our" in this privacy policy) is the data fiduciary in respect of the processing of personal data as set out in this privacy policy.

Grievance officer

If you would like to exercise any of your legal rights in relation to your processing of personal data under this privacy policy or have any questions, concerns or complaints about this privacy policy or our privacy practices, please contact our Grievance Redressal Officer using the details provided below.

We will review and respond to all grievances and requests relating to the processing of personal data in accordance with the applicable law.
Name: Harender Pal Singh
Designation: Grievance Redressal Officer
Email address: harenps@royalenfield.com
Postal address: Eicher Motors Limited #96, Sector 32, Gurgaon - 122 001, Haryana, India

If you are not satisfied with the resolution provided, you may have the right to escalate your grievance to the appropriate regulatory authority in accordance with applicable law.

Changes to the privacy policy and your duty to inform us of changes in your personal data

We may update this privacy policy from time to time to reflect changes to the Platform, our services, applicable laws, regulatory requirements, or our personal data processing practices.

Where such updates materially affect how your personal data is collected, used, stored, or shared, we will take reasonable steps to notify you of such changes through the Platform or through other appropriate communication channels. Where required under applicable law, we will obtain your consent before processing your personal data in accordance with the updated privacy policy.

The updated privacy policy will be made available on the Platform along with the date of the latest revision. We encourage you to review this privacy policy periodically to remain informed about how your personal data is processed.

It is important that the personal data we hold about you remains accurate and up to date. You are responsible for ensuring that the information you provide through the Platform is accurate and for updating such information if it changes during your use of the Platform. Where you become aware that the personal data we hold about you is inaccurate or incomplete, you may update the information through the Platform or contact us using the details provided in this privacy policy.

Third-party links and services

The Platform may contain links to third-party websites, applications, plug-ins, or services that are operated by entities other than Eicher Motors Limited. These links may be provided for you convenience or to enable access to services that may complement the Flying Flea ecosystem.

If you choose to access or interact with such third-party platforms, your interaction with those services will be governed by the respective privacy policies, terms of use, and data handling practices of those third parties. We do not control the privacy or data protection practices of such external platforms and are not responsible for how they collect, process, or store your personal data, unless they are acting specifically on our behalf under a contractual arrangement.

You are encouraged to review the privacy policies of such third-party platforms before providing any personal data or using their services.

2. The personal data we collect about you

Personal data or personal information, means any information about an individual from which that individual can be identified. It does not include data where the identity/identifier has been removed (anonymous data).

We may collect, use, process, store and transfer different kinds of personal data about you which we have grouped together as follows:

Identity Data – This includes your first name, last name, date of birth, or any other government ID Proofs.
Contact Data – This includes information used to communicate with you, such as your mobile number, email address, and postal address.
Profile Data – This includes information associated with your user account on the Platform, such as your username, password, profile picture, preferences, feedback, queries, and other information you choose to provide while using the Platform.
Technical Data - This includes information relating to the device and technology used to access the Platform, such as internet protocol (IP) address, device identifiers, operating system, browser type and version, application usage information, and information relating to Bluetooth-enabled or connected devices used to interact with the Platform.
Usage Data – This includes information about how you use the Platform, including your interactions with features, services, and functionalities available through the Platform.
Location Data - Where you enable location services on your device, the Platform may collect GPS-based location information when you use features such as navigation, trip tracking, or other location-enabled services available through the Platform.
Vehicle and telemetry Data - Where the Platform interacts with a Flying Flea vehicle, certain vehicle-related information may be collected to support connected vehicle services. This may include information relating to battery status, temperature, voltage levels, motor RPM, vehicle diagnostics, and certain riding behaviour information such as speed patterns, braking patterns, or ride activity.
Financial Data - Where you make payments or transactions through the Platform, certain transaction-related information such as transaction identifiers, payment confirmations, or order details may be collected. Payment processing may be carried out through authorised third-party payment service providers.
Marketing and Communications Data - This includes your preferences regarding receiving marketing communications, updates, or promotional information from us. Some of the personal data described above may be collected directly from you when you use the Platform, while other information may be generated automatically through your interaction with the Platform or through connected vehicle services enabled through the Platform.

If you fail to provide personal data

Where we are required to collect certain personal data from you in order to provide services through the Platform, and you choose not to provide such information, we may not be able to provide you with certain features, services, or functionalities available on the Platform.

For example, certain services on the Platform may require personal data to enable account creation, vehicle connectivity, navigation features, transaction processing, customer support, or other service-related functionalities. If you choose not to provide the required personal data or withdraw consent for its processing, the relevant services or functionalities may not be available to you.

We will only request personal data that is reasonably necessary for the purposes described in this privacy policy and in accordance with applicable data protection laws.

3. How is your personal data collected?

We use different methods to collect personal data from and about you including through:

Direct interactions: You may give us your Identity, Contact, Profile, Technical, Usage, Location, Telemetry, Transaction, Marketing and Communications Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- Create an account on our Platform and update details;
- Apply to join the Platform;
- Apply for, order or purchase our products and services;
- Make an enquiry on our Platform;
- Request a brochure or other marketing to be sent to you;
- Participate in surveys or promotional activities; orGive us feedback or contact us by telephone, email or social media.
- Give us feedback or contact us by telephone, email or social media.
Automated technologies or interactions: When you use the Platform, certain technical and usage information may be collected automatically through technologies such as device identifiers, and similar technologies that help us operate and improve the Platform. These technologies may include cookies and similar tracking technologies that enable us to analyse how the platform is used and improve its functionality and performance.
Connected vehicle interactions: Where you connect your mobile device to a Flying Flea vehicle through the Platform, certain vehicle-related and operational information may be generated through the connected vehicle systems and transmitted to the Platform to enable connected vehicle features, diagnostics, and service-related functionalities.
Third parties or publicly available sources: We may receive your personal data from various third parties, our dealer network, service providers and public sources where such information is shared with us in connection with your interaction with Flying Flea products or services. This includes:
- Technical and Usage Data from analytics providers.
- Identity, Contact, Financial and Profile Data from our dealer network (where applicable); and
- Identity, Contact and Marketing and Communications Data from our marketing and research providers (where applicable).

4. How we use your personal data

We will process your personal data only for specific and lawful purposes that are disclosed to you through this privacy policy or otherwise at the time of collection, and only where permitted under applicable law.

In most cases, we process your personal data on the basis of your consent provided through the Platform. In certain circumstances, we may also process personal data where such processing is necessary to provide the services requested by you, or where processing is required to comply with applicable legal and/or regulatory obligations.

Purposes for which we will use your personal data

We have set out below the purposes for which we may process your personal data collected under this privacy policy:

Purpose/Activity	Type of data
To create and administer your user account on the platform, verify your identity where necessary and enable you to manage your profile information.	Identity data, Contact data, and Profile data.
To enable and operate services available through the Platform, including connected vehicle functionalities such as vehicle pairing, digital connectivity, navigation, trip recording, and related features	Identity data, Contact data, Technical data, Usage data, Location data, Vehicle and telemetry data.
To facilitate product enquiries, vehicle reservations, or other service requests submitted through the Platform	Identity data, Contact data, and Profile data.
To process and manage transactions carried out through the Platform, including recording transaction identifiers and maintaining payment records	Identity data, Contact data, and Financial data.
To communicate with you regarding your account, service requests, vehicle-related updates, maintenance reminders, safety notifications or other operational communications relating to the Platform or connected vehicle services.	Identity data, Contact data and Technical data.
To respond to your enquiries, customer support request, complaints, or feedback submitted through the Platform or customer support channels	Identity data, Contact data and Profile data.
To analyse usage of the Platform and connected vehicle systems in order to improve the functionality, reliability and performance of our products, services and digital systems.	Technical data, Usage data, Vehicle & telemetry data.
To provide navigation and trip-related services where location-enabled features are activated by you on your device.	Location data, Technical data, and Usage data.
To send you information relating to promotions, product updates, events or marketing communications relating to Flying Flea products or services, where you have chosen to receive such communications	Identity data, Contact data, Marketing and communication data.
To operate, maintain, monitor and secure the platform, including system administration, troubleshooting, prevention of misuse, and protection of our digital infrastructure.	Identity data, Contact data, Technical data, and Usage data.
To comply with applicable legal, regulatory or contractual obligations, including responding to lawful requests from authorities.	Identity data, Contact data, Transaction data and Technical data.
To support corporate transactions such as business restructuring, mergers, acquisition, or transfer of assets where such processing is necessary.	Identity data, Contact data, Technical data and Usage data.

We will not process your personal data for purposes that are incompatible with those described above without providing you with appropriate notice and/or obtaining your consent where required under applicable law.

5. Disclosures of your personal data

We may share your personal data with the categories of recipients set out below where such sharing is necessary to operate the Platform, provide the services requested by you, or comply with applicable legal obligations.

Internal group entities - We may share personal data within the other group companies in the Eicher Motors Limited group where such sharing is necessary for the operation, administration, or support of the Platform and related services.
Authorised dealers and service partners - Where relevant, we may share personal data with authorised dealers, service centres, or partners involved in providing vehicle-related services, customer support, or other services associated with Flying Flea vehicles.
Service providers and technology partners - We may share personal data with third-party service providers that support the operation of the Platform, including providers of information technology services, system administration, analytics services, payment processing, customer support systems, and communication infrastructure.
Mobility and vehicle ecosystem partners - In connection with services associated with Flying Flea vehicles, personal data may be shared with certain partners such as roadside assistance providers, charging infrastructure operators, insurance providers, or financing partners where such services are requested by you or enabled through the Platform.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Professional advisers - We may share personal data with professional advisers such as lawyers, auditors, insurers, and consultants where necessary for legal, regulatory, or operational purposes.
Regulators and authorities - Personal data may be disclosed to courts, regulators, law enforcement agencies, or other governmental authorities where such disclosure is required under applicable law or in response to lawful requests.
Corporate transactions - If we undergo a business transaction such as a merger, acquisition, restructuring, or transfer of assets, personal data may be shared with relevant parties involved in the transaction, subject to appropriate safeguards.

Where personal data is shared with third parties, we take reasonable steps to ensure that such parties process the personal data in accordance with applicable data protection laws and appropriate confidentiality and security obligations.

6. International transfers

Your personal data may be processed or stored on systems located within India. In certain circumstances, personal data may also be transferred to or accessed from locations outside India where our group entities, service providers, or partners operate.

Where such cross-border transfers occur, we will take reasonable steps to ensure that the personal data continues to receive a level of protection consistent with applicable data protection laws.

7. Data Security

We implement appropriate technical and organisational measures to protect your personal data from unauthorised access, accidental loss, misuse, alteration, or disclosure.

Access to personal data is restricted to employees, agents, service providers, and partners who require such access for the purposes described in this privacy policy. Such persons are permitted to process personal data only on our instructions and are subject to confidentiality and security obligations.

8. Data retention: How long will you use my personal data for?

We retain your personal data only for as long as it is necessary to fulfil the purposes for which it was collected, including for the provision of services through the Platform and for compliance with applicable legal, regulatory, accounting, or reporting requirements.

Where you choose to close your account on the Platform, or where your association with the Flying Flea vehicle linked to your account ends (for example, upon transfer or sale of the vehicle), we will take reasonable steps to delete or anonymise the personal data associated with your account, unless retention of such data is required under applicable law.

In certain circumstances, we may retain information in an aggregated or anonymised form for analytics, product improvement, or research purposes where such information no longer identifies you. You may request deletion of your personal data by contacting us through the details provided in this privacy policy, subject to any legal or regulatory obligations requiring us to retain certain information.

9. Your legal rights

You have certain rights under data protection laws in relation to your personal data as set out below:

Request access to your personal data.
Request correction of your personal data.
Request erasure of your personal data.
Right to withdraw consent.
Right to grievance redressal.
Right to nomination in case of your death or incapacity.

If you wish to exercise any of the rights set out above, please contact us using the details set out in section 1 above. We may request certain information from you to verify your identity before responding to your request.

What we may need from you

When you submit a request to exercise any of your rights under this privacy policy, we may request certain information from you to verify your identity and confirm your entitlement to make such a request.

This is a security measure to ensure that personal data is not disclosed to any person who does not have the right to receive it. We may also contact you to request additional information where necessary to clarify or process your request.

Consent

By accessing or using the Platform and providing your personal data, you acknowledge that you have read and understood this privacy policy and consent to the collection, use, storage, and processing of your personal data in the manner described herein.

Where the Platform requests your consent for specific functionalities or services, such consent will be obtained through appropriate mechanisms available on the Platform. You may withdraw your consent at any time by contacting us using the details provided in this privacy policy or by adjusting the relevant settings available on the Platform, where applicable.

Withdrawal of consent will not affect the lawfulness of any processing carried out prior to such withdrawal. However, where processing of personal data is necessary for providing certain services or functionalities on the Platform, withdrawal of consent may result in such services or functionalities no longer being available to you.

End-user licence agreement

PLEASE READ THIS END-USER LICENSE AGREEMENT (HEREINAFTER REFERRED TO AS THE “EULA”) CAREFULLY BEFORE REGISTERING ON, ACCESSING OR USING THE FLYING FLEA MOBILE APPLICATION.

This EULA forms a binding legal agreement between you (“You” or “Your”) and Eicher Motors Limited (hereinafter referred to as “EML”, “we”, “us”, or “our”), which operates the Flying Flea brand (each separately referred to as a “Party” and collectively the “Parties”).

This EULA governs your access to and use of the Flying Flea mobile application (hereinafter referred to as the “Application”) provided by EML. The Application enables you to access various services and functionalities relating to Flying Flea vehicles, including connected vehicle features, navigation and trip-related services, notifications, and other digital services that may be made available through compatible devices.

This EULA grants you a limited license to access and use the Application. Notwithstanding the foregoing, EML shall remain the owner and licensor of the Application and all associated intellectual property rights.

By clicking on “Continue”, “Accept”, or a similar confirmation option when accessing or using the Application, you confirm that you have read, understood and agreed to be bound by the terms and conditions of this EULA.

If you do not agree to any of the terms set out in this EULA, you must not access or use the Application.

1. Scope of Use/ License

1.1 This EULA applies to all individuals who access, download, install or otherwise use the Application (each referred to as a “User”).

1.2 Subject to the User’s compliance with this EULA, EML hereby grants the User a revocable, non-exclusive, non-transferable, non-sublicensable, limited, royalty-free license to access, download, install and use the Application solely for the User’s personal, non-commercial use, strictly in accordance with the terms of this EULA.

The User may access and use the Application on smartphones or other compatible devices such as tablets or other supported devices owned or controlled by the User (each referred to as a “Device”). The Application may only be used on Devices and operating systems that are recognised by EML as compatible with the Application

1.3 The license granted under this EULA becomes effective from the date the User first accesses or uses the Application and shall remain valid for as long as the User continues to use the Application in compliance with the terms of this EULA.

Notwithstanding the foregoing, this license shall automatically terminate without notice from EML if the User fails to comply with any of the terms of this EULA. Upon termination of this license, the User must immediately cease all use of the Application and uninstall the Application from all Devices.

1.4 Except for the limited license expressly granted under this EULA, no rights in the Application are transferred to the User. EML retains all rights, title and interest in and to the Application, including all associated intellectual property rights.

1.5 The Application may include functionalities that interact with Flying Flea vehicles and related digital services. The availability of certain features may depend on device compatibility, connectivity, or other technical requirements determined by EML.

2. User Account

2.1 In order to access certain features or services available through the Application, the User may be required to create an account with EML (a “User Account”).

2.2 To create a User Account, the User shall provide the information as may be required during the registration process and create login credentials, including a username and password (collectively referred to as “Login Information”).

2.3 By creating a User Account, the User represents and warrants that:

(i) the information provided during registration is accurate, complete and current;

(ii) the User will promptly update such information to ensure it remains accurate; and

(iii) the User has the legal capacity to enter into this EULA and to access and use the Application in accordance with its terms and applicable laws.

2.4 EML reserves the right, in its sole discretion, to refuse registration of a User Account or to suspend or deactivate a User Account, or require additional verification of information where the information provided by the User is inaccurate, incomplete, misleading, or otherwise inconsistent with this EULA or applicable laws.

3. Device

3.1 The User shall, at their own cost and responsibility, procure and maintain the Device, internet connectivity, and any necessary software or services required to access and use the Application.

3.2 The User acknowledges that the proper functioning of the Application may depend on the compatibility of the Device, operating system, network connectivity, and other technical requirements. EML does not guarantee that the Application will function on all Devices or operating systems.

3.3 The User acknowledges that the availability and performance of certain features of the Application may depend on factors outside the control of EML, including network availability, connectivity quality, or the technical environment in which the Device is used.

4. Use of the Platform

4.1 For installing, accessing and/or using the Application, the User must be at least eighteen (18) years of age or such age as may otherwise be prescribed under applicable law and shall have full legal capacity to contract under the laws of India.

4.2 The User shall not use the Application or the associated services in any manner that would, or could, overburden, disable, impair, compromise or damage any of EML’s servers, or any network, system or software connected to such servers, or interfere with the use and enjoyment of the Application by other users.

4.3 The User must not use the Application in any unlawful or illegal manner, or for any unlawful purpose, or in any manner inconsistent with this EULA, including by hacking into or inserting malicious code, viruses or harmful data into the Application or any related systems.

5. Intellectual Property Rights

5.1 The User acknowledges and agrees that all trademarks, copyrights and other intellectual property rights in the Application, including but not limited to the software, content, design, layout, graphics, text, logos and other materials made available through the Application, are owned by EML or its licensors.

5.2 The User further acknowledges and agrees that all intellectual property rights in and to the Application are licensed and not sold to the User. Except for the limited license granted under this EULA, the User does not acquire any ownership or other rights in the Application or any part thereof.

5.3 The User shall not copy, reproduce, distribute, modify, display, perform, publish, transmit or otherwise exploit any part of the Application or its content except as expressly permitted under this EULA or with the prior written consent of EML.

6. Suspension or termination of the use of the Platform

6.1 EML may suspend or terminate the User’s access to or use of the Application, or any part thereof, at any time and for any reason, including if EML determines, in its sole discretion, that any of the following events have occurred or are likely to occur:

(i) the User has breached any of the terms of this EULA;

(ii) the User has provided misleading, incomplete or incorrect information relating to their personal identification, including without limitation their name, age, telephone number, email address or other contact information (collectively referred to as the “Contact Information”);

(iii) the User has disturbed, interfered with or interrupted the operation of the Application or any services made available through it.

6.2 The User acknowledges that if their access to the Application or their User Account is suspended or terminated, the User may no longer be able to access or use certain features of the Application or any information or content associated with their User Account.

7. Application Features/ Functionalities

EML may modify, update, enhance, suspend, discontinue or otherwise change any feature or functionality of the Application, or vary the scope of services made available through the Application, at any time.

EML may from time to time provide updates, upgrades, patches, bug fixes or other improvements to the Application, including new versions of the Application or additional components designed to improve the performance, security, functionality or user experience of the Application.

The User acknowledges that the availability and performance of certain features of the Application may depend on factors such as Device compatibility, network connectivity, software configuration, integration with Flying Flea vehicles, or other technical requirements determined by EML.

8. User’s Responsibility

8.1 The User acknowledges and agrees that they shall be solely responsible for all activities carried out through their User Account.

8.2 The User shall maintain the confidentiality of their Login Information and shall not disclose such Login Information to any third party.

8.3 If the User becomes aware of any disclosure, loss, theft, or unauthorised access to or use of their Login Information or User Account, or any other security breach relating to the Application, the User shall immediately notify EML.

8.4 Subject to applicable laws, EML shall not be liable for any loss or damage arising from unauthorised use of the User Account.

8.5 The User shall not use the Login Information or User Account of any other person.

8.6 The User shall be solely responsible for all costs and expenses incurred in connection with accessing and using the Application, including without limitation telecommunications charges, internet service provider charges and any Device-related costs.

9. Changes to Contact Information

The User shall promptly update EML regarding any changes to their Contact Information provided in connection with their User Account.

EML shall not be responsible or liable for any loss, inconvenience, or inability to provide services through the Application that may arise as a result of the User’s failure or delay in updating such Contact Information.

10. Restrictions/ Prohibitions

10.1 The User shall not use the Application in any manner that is contrary to the laws of India or any other applicable laws. The User shall also not permit any other person to use the Application for or in connection with any unlawful or illegal purpose or activity.

10.2 The User shall not license, sublicense, sell, distribute, broadcast, transmit or otherwise make available the Application or any services provided through it, in any form or by any means, to any third party, or otherwise transfer, assign or grant any rights of use in respect of the Application or any part thereof.

10.3 The User shall not remove, obscure or alter any proprietary notices or labels attached to or contained within the Application, including without limitation copyright notices, trademarks or other intellectual property notices.

10.4 The User shall not access, interfere with, damage or attempt to gain unauthorised access to any systems, servers, networks or equipment used in connection with the provision of the Application, nor attempt to access any user data or circumvent any security measures relating to the Application.

10.5 Except as expressly permitted under this EULA, the User shall not, directly or indirectly, copy, modify, adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, or create derivative works from the Application or any part thereof, nor enable any third party to do so. Any attempt to undertake such actions shall constitute a violation of this EULA and the rights of EML in respect of the Application.

11. Temporary Suspension of the provision of Application Services

EML reserves the right to temporarily suspend the availability of, or the User’s access to, the Application or any part of its services, at any time and without liability, in circumstances including but not limited to the following:

(i) where suspension is necessary to carry out scheduled maintenance, upgrades, updates, repairs or technical improvements to the Application;

(ii) where the operation of the Application becomes impracticable or impossible due to events beyond the reasonable control of EML, including but not limited to failure of electronic or mechanical equipment, disruption of communication networks or internet services, unauthorised access, acts or omissions of third parties, cyber incidents, theft, fire, severe weather events, natural disasters, pandemics, war, civil disturbances, labour disputes, or governmental actions;

(iii) where network disruptions or technical issues arise due to the environment in which the Device is used or due to connectivity issues affecting the functioning of the Application; or

(iv) where EML reasonably determines that suspension is necessary for legal, regulatory, security, operational or technical reasons.

EML shall use reasonable efforts to restore the availability of the Application once the relevant issue has been resolved.

12. Disclaimer of Warranty

12.1 The User acknowledges that the use of the Application is at the User’s sole risk. The Application and the services made available through it are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted under applicable law, EML expressly disclaims all warranties, whether express, implied or statutory, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

12.2 The Application may only be available for use on certain supported Devices and operating systems. Determining whether a Device is compatible with the Application is the responsibility of the User. EML does not represent or warrant that the Application will function on every Device or configuration.

12.3 EML does not warrant that:

(i) the Application will meet the User’s requirements or expectations;

(ii) the Application will operate without interruption, delay or errors;

(iii) the Application will be secure or free from viruses or other harmful components; or

(iv) any information or content obtained through the Application will be accurate, reliable or complete.

12.4 The User acknowledges that the performance of the Application may depend on factors beyond the control of EML, including Device compatibility, network connectivity, and other technical conditions.

13. Third Party Services/ Components

13.1 The Application may enable access to or integration with certain services, software, applications, or components provided by third parties (each referred to as a “Third-Party Service”). Such Third-Party Services are not owned or controlled by EML.

13.2 EML does not control, endorse or assume responsibility for the content, functionality, availability or performance of any Third-Party Service. The inclusion or accessibility of any Third-Party Service through the Application is provided for the convenience of Users and shall not be construed as an endorsement or recommendation by EML.

13.3 Where the User chooses to access or use any Third-Party Service through the Application, the User acknowledges that such use may be subject to the terms of use, privacy policies and other applicable conditions of the relevant third party. The User agrees that EML shall not be responsible or liable for any acts, omissions, services, information or content provided by such third parties.

13.4 The User further acknowledges that EML shall not be liable, directly or indirectly, for any loss, damage or inconvenience caused or alleged to be caused by the use of, or reliance on, any Third-Party Service accessed through the Application.

14. Consent to Use of User Data

The User acknowledges and agrees that EML and its authorised service providers may collect, maintain, process and use certain technical information and related data relating to the User’s Device, system configuration, application software and peripherals (“User Data”) in connection with the User’s access to and use of the Application.

Such User Data may be used for purposes including facilitating software updates, enabling application functionality, providing technical support, improving the performance and reliability of the Application, and verifying compliance with the terms of this EULA.

EML may also use such User Data in aggregated or anonymised form to improve its products, services or technologies, provided that such use does not personally identify the User.

The collection, processing and use of personal data in connection with the Application shall be carried out in accordance with Flying Flea’s Privacy Policy, which forms an integral part of the terms governing the use of the Application.

15. Compensation for damages

15.1 If the User’s use of the Application causes damage, harm, loss or inconvenience to any third party, the User shall be solely responsible for addressing and resolving such claims with the concerned third party at the User’s own cost and expense, without bringing any claim against EML.

15.2 If the User’s use of the Application violates this EULA or causes damage, harm, loss or inconvenience to EML, EML shall be entitled to seek compensation from the User for such damage or loss in accordance with applicable law.

16. Indemnification

The User agrees to indemnify, defend and hold harmless EML, its affiliates and their respective directors, officers, employees, agents, successors and assigns (collectively, the “Indemnified Parties”) from and against any claims, demands, losses, damages, liabilities, costs or expenses, including reasonable legal fees and disbursements and any interest thereon, incurred by or asserted against the Indemnified Parties arising out of or in connection with:

(i) any breach by the User of the representations, warranties or obligations under this EULA;

(ii) the User’s violation of any applicable laws or third-party rights in connection with the User’s access to or use of the Application;

(iii) any misuse of the Application by the User; or

(iv) any claims, damages, losses or liabilities arising out of or relating to the installation, access to or use of the Application by the User.

This indemnity shall apply regardless of whether such liability arises in contract, tort (including negligence), statute or otherwise, and shall survive the termination or cessation of the User’s access to the Application.

17 . Limitation of Liability

17.1 To the maximum extent permissible under applicable law, EML shall not be responsible for any damage, harm, loss or inconvenience suffered by the User as a result of the User’s access to or use of the Application.

17.2 EML shall not bear any obligation or responsibility for any services, information, content or functionality provided by any Third Party Service provider through or in connection with the Application.

17.3 If any dispute arises between the User and a Third Party Service provider, such dispute shall be resolved solely between the User and that Third Party Service provider, and the User shall not bring any demand, claim or complaint against EML in relation thereto. EML bears no responsibility for any act, omission, representation or warranty of any Third Party Service provider.

17.4 To the maximum extent permissible under applicable law, in no event shall EML or any of its directors, officers, employees, agents, affiliates, contractors, licensors or service providers be liable for any indirect, incidental, special, punitive or consequential damages, or for any loss of profits, loss of revenue, loss of data, business interruption, or any other commercial or economic loss, arising out of or in connection with the User’s access to, use of, inability to use, or reliance on the Application or any Third Party Service, however caused and under any theory of liability, whether in contract, tort (including negligence), statute or otherwise, even if EML has been advised of the possibility of such damages.

17.5 To the extent not prohibited by applicable law, the aggregate liability of EML arising out of or in connection with the Application or this EULA, whether in contract, tort (including negligence), statute or otherwise, shall not exceed the amount actually paid by the User, if any, to EML for use of the Application or the relevant services giving rise to such liability.

17.6 EML shall not be liable to the User or any other person for any loss, damage or delay resulting from causes beyond the reasonable control of EML, including failure of electronic or mechanical equipment, interruption of communication lines or internet services, unauthorised access, acts or omissions of third parties, malware, theft, severe weather, natural disasters, fire, war, civil unrest, terrorist acts, labour disputes, pandemics, governmental actions, or any other force majeure event.

18. Governing Law; Jurisdiction

18.1 This EULA, the Application, and the respective rights and obligations of the User and EML under this EULA, including any disputes arising out of or in connection with the access to or use of the Application (each a “Dispute”), shall be governed by and construed in accordance with the laws of India.

18.2 Subject to applicable law, the courts located in Chennai, Tamil Nadu, India shall have exclusive jurisdiction over any Dispute arising out of or relating to this EULA or the use of the Application.

19. Changes to this EULA

EML may modify or update the terms of this EULA from time to time for reasons including but not limited to legal, regulatory, security, operational or technical requirements, or to reflect changes to the services, features or functionalities of the Application.

Any such updated version of the EULA will be made available through the Application. Where the changes materially affect the User’s rights or obligations, EML may require the User’s acceptance of the updated EULA before the continued use of the Application.

If the User does not agree to the revised terms of this EULA, the User must discontinue the use of the Application.

20. Miscellaneous

20.1 Third Party Performance: EML may perform any of its obligations and exercise any of its rights under this EULA through its affiliates, contractors or authorised service providers.

20.2 Assignment: EML may assign or transfer any of its rights or obligations under this EULA to any affiliate or third party in connection with the operation of the Application. The User shall not assign, transfer or otherwise deal with this EULA or any rights or obligations under it without the prior written consent of EML.

20.3 Severability: If any provision of this EULA is held to be invalid, illegal or unenforceable, in whole or in part, by a court of competent jurisdiction, such provision shall be deemed severed to the extent of such invalidity or unenforceability and the remaining provisions of this EULA shall continue in full force and effect.

20.4 Waiver: Any failure or delay by EML in exercising any right, power or remedy under this EULA shall not operate as a waiver of such right, power or remedy. A waiver shall be effective only if made expressly in writing by EML.

20.5 Entire Agreement: This EULA, together with the Privacy Policy and any other policies or terms expressly referenced herein, constitutes the entire agreement between the User and EML in relation to the Application and supersedes all prior or contemporaneous understandings, communications or agreements relating to the same subject matter.

20.6 Survival: Upon any termination, discontinuation or cancellation of the Application or the User’s access to the Application, the following Sections of this EULA, along with any other provisions which by their nature are intended to survive, shall remain in full force and effect: Section 5 (Intellectual Property Rights), Section 6 (Suspension or Termination of the Use of the Application), Section 10 (Restrictions / Prohibitions), Section 12 (Disclaimer of Warranty), Section 15 (Compensation for Damages), Section 16 (Indemnification), Section 17 (Limitation of Liability), Section 18 (Governing Law; Jurisdiction) and this Section 20 (Miscellaneous).

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