Introduction
- This Agreement governs your access to and use of the SPINTag mobile application (the “App”) and related services (collectively, the “App” or “Platform”) operated by IIT Tirupati Navavishkar I-Hub Foundation (IITTNiF) (“SPINTag”, “we”, “us” or “our”).
- SPINTag is a camera-based geostamping, registration and audit-support platform. A User may use the App to capture images and videos and associate them with geographic and time information, including latitude, longitude, altitude, DIGIPIN, address information and timestamps. Depending on the applicable functionality, the App may generate a geostamp overlay and saved image/video information and may create associated registration and audit records.
- When a User is signed in and a network connection is available, SPINTag may upload or synchronize Audit Data only (not image or video files) with its servers and cloud infrastructure. Image and video files, and associated geographic and time information, remain on the User’s device. The App may also be used offline. Where network connectivity is unavailable, images, videos, metadata and associated information may remain stored in the App’s storage on the device until Cloud Audit Data synchronization becomes available.
- The Privacy Policy governs the collection, use, disclosure, storage, retention, deletion and protection of Personal Data. In the event of any inconsistency between these Terms and the Privacy Policy concerning data protection or Personal Data processing, the Privacy Policy shall prevail.
1. Eligibility and Account Registration
- Age Requirement: The App is intended for Users who are 13 years of age or older. Users who are 13 years of age or older but have not reached the age of legal majority in their jurisdiction should use the App with appropriate parental or guardian involvement where required or appropriate under applicable law.
- Account Information: You must provide accurate and current information when registering and must update such information where reasonably necessary for maintaining your account.
- Account Type: SPINTag provides a User account through which a User may access the App, capture images and videos, use timestamping and geostamping functionality, participate in applicable registration or audit workflows and use other features made available through the Platform.
- Agreement to Terms: By registering for or using the App, you agree to these Terms and the SPINTag Privacy Policy. The Privacy Policy forms an integral part of these Terms and governs the collection, use, disclosure, storage, retention, deletion and protection of Personal Data by SPINTag.
2. Photograph and Video Capture, Geostamping and Audit
- SPINTag enables Users to capture images and videos through the App and associate such photographs and videos with geographic and time information.
- Depending on the applicable feature, the App may process latitude, longitude, altitude, DIGIPIN and timestamp information associated with an image or video to generate a geostamp overlay and saved image footer.
- SPINTag may generate technical records associated with a photograph, video or submission, including cryptographic hashes or fingerprints, signatures, randomly generated device IDs, App identifiers and other Audit Data required for applicable registration, audit or integrity-verification functionality. Capture timestamps remain on the device with the media; where Cloud Audit Data is stored, ordinary server processing timestamps may apply.
- Where applicable, optional device public keys may be used to sign capture manifests or support capture-integrity verification.
- The categories of information processed by SPINTag in connection with images, videos, Location Data, Audit Data and related technical information are described in the Privacy Policy.
3. Cloud Audit and Synchronization
- When a User is signed in and a network connection is available, SPINTag may upload or synchronize Cloud Audit Data with its servers and cloud infrastructure. Depending on the applicable workflow, Cloud Audit Data may include cryptographic hashes or fingerprints, device and App identifiers, randomly generated device IDs, signatures and, where applicable, optional device public keys used to sign capture manifests. Cloud Audit Data does not include image or video files, Location Data, address information or capture timestamps, which remain on the device.
- The availability and timing of cloud synchronization may depend on network connectivity, device conditions and the applicable functionality of the App. SPINTag does not guarantee that an upload or synchronization will occur immediately or successfully in every circumstance.
- The processing of Personal Data and other information through cloud synchronization is governed by the Privacy Policy.
4. User Responsibility and Accuracy
- Users are responsible for reviewing photographs, videos and associated information before using them for timestamping, registration, audit or other Platform purposes, where the applicable App functionality permits such review.
- Users must ensure that they have the necessary rights and permissions to capture, store and otherwise use photographs, videos and other content captured through the Platform.
- GPS signals, device location services, geospatial technologies and other location technologies may provide approximate or inaccurate results depending on device settings, network conditions, satellite availability, environmental conditions and other technical factors.
- Users should independently verify geographic and other information where accuracy is important. SPINTag does not guarantee the accuracy, completeness or current status of geographic information, photograph metadata or other information generated through device or third-party services.
5. User Content and Intellectual Property
- SPINTag provides a platform through which Users may capture, store and otherwise use images, videos and other content on the device (“User Content”). Associated Cloud Audit Data may be synchronized when signed in and online; photograph and video files are not uploaded to SPINTag’s cloud servers.
- SPINTag does not claim ownership of photographs or videos that a User lawfully owns. The ownership and intellectual property rights in such photographs, videos and other User Content remain with the User or the respective rights holder, as applicable.
- By capturing, storing or otherwise making User Content available through the Platform, the User grants SPINTag a limited, non-exclusive, worldwide, royalty-free licence to process User Content on-device and to store, host, process, transmit and synchronize related Cloud Audit Data to the extent reasonably necessary to:
- operate and provide the Platform;
- provide geostamping functionality;
- create and maintain Cloud Audit Data and related capture records;
- conduct integrity verification;
- conduct administrative review;
- maintain Cloud Audit Data synchronization;
- maintain the security and integrity of the Platform;
- prevent fraud, manipulation and misuse;
- maintain backups and disaster-recovery systems for Platform systems and Cloud Audit Data, where applicable; and
- comply with applicable law.
- The licence includes the right to make technical copies and reproductions of User Content on-device, and of Cloud Audit Data on SPINTag systems, where reasonably necessary for storage, transmission, synchronization, security, integrity verification, backup of Cloud Audit Data or other technical operation of the Platform.
- SPINTag does not acquire ownership of User Content through this licence. Nothing in this Clause requires the User to assign or waive any right that cannot lawfully be assigned, transferred or waived under applicable law.
- The User represents and warrants that the User has the necessary rights, permissions and authority to capture, store or otherwise make the User Content available through the Platform.
- The App, Platform, software, design, interface, branding, logos, trademarks, databases, features and other materials owned or developed by SPINTag or its licensors remain the property of their respective owners. Nothing in these Terms transfers ownership of such materials to a User.
6. Device Permissions
- Certain features of the App may require access to device functions, including the camera, storage/photos, location and, where video is recorded with audio, the microphone.
- You may manage, modify or withdraw device permissions through your device settings. Withdrawal of a permission may limit or prevent access to features that depend on that permission.
- Where a feature requires location information, the App may process Location Data for the applicable timestamping, geostamping, capture, registration or audit functionality. The App does not continuously access, collect or process your location in the background.
- Further information concerning device permissions and the processing of information obtained through such permissions is set out in the Privacy Policy.
7. Offline Use
- The App may be used offline where the applicable functionality permits. Where network connectivity is unavailable, photographs and videos captured through the App, together with associated metadata and other information, may remain stored in the App's storage on the device until connectivity is restored and Cloud Audit Data synchronization becomes available.
- Images and videos may also be saved to the device's gallery where supported by the device and where the applicable system permission is granted.
- Certain features requiring network connectivity, including cloud audit and synchronization functionality, may not be available while the device is offline. SPINTag does not guarantee uninterrupted availability of offline functionality or that every App feature will operate without a network connection.
8. Timestamping, Registration and Audit Functionality
- The Platform may provide timestamping, geostamping, registration, audit and integrity-verification processes. The generation or maintenance of timestamps, geostamps, hashes, fingerprints, signatures or other Audit Data does not constitute independent verification, certification or authentication by SPINTag of the underlying photograph, video or information.
- SPINTag does not represent or warrant that any photograph, video, timestamp, geostamp, address, hash, signature or other Audit Data generated through the Platform will constitute conclusive or legally admissible evidence for any particular purpose.
- The User is responsible for determining whether the Platform and its outputs are suitable for the User's intended legal, regulatory, evidentiary or operational purpose.
9. Privacy and Data Protection
- Your Personal Data is processed in accordance with the SPINTag Privacy Policy, which forms an integral part of these Terms.
- The Privacy Policy governs the collection, use, disclosure, retention, deletion and protection of Personal Data by SPINTag.
- In the event of any inconsistency between these Terms and the Privacy Policy concerning the processing or protection of Personal Data, the Privacy Policy shall prevail.
- The rights and obligations concerning User Content and the licence granted to SPINTag are governed by Clause 5 of these Terms.
10. Account Deletion
- Uninstalling the App does not delete your account.
- Users may request account deletion through the functionality made available by the App (where available), via https://spintag.iittnif.com/delete-account/index.html, or by contacting software@iittnif.com. SPINTag may request reasonable information to verify the identity of the person making the request.
- Following successful verification, the account will be disabled and account-related Personal Data will be deleted or anonymised in accordance with the Privacy Policy and applicable law.
- Account deletion concerns the cloud account and Cloud Audit Data. It does not necessarily delete photographs and videos stored on the User’s device. Cloud Audit Data or other information may be retained where SPINTag is entitled or required to retain it under these Terms, the Privacy Policy or applicable law.
- The detailed treatment of Personal Data following account deletion, including applicable deletion, anonymisation, de-linking and retention practices, is governed by the Privacy Policy.
11. Data Retention
- SPINTag may retain Cloud Audit Data and other account-related information for as long as reasonably necessary to provide and operate the Platform, administer applicable audit and integrity-verification workflows, maintain security, prevent fraud and misuse, comply with applicable law or for other lawful purposes described in the Privacy Policy. Photograph and video files are stored on the User’s device and are not retained on SPINTag’s cloud servers as part of ordinary capture synchronization. The detailed retention, deletion and anonymisation practices applicable to Personal Data are set out in the Privacy Policy.
- Backup copies may remain for approximately 90 days as part of ordinary backup and disaster-recovery processes before being removed in accordance with applicable backup procedures, subject to any legal preservation requirement.
12. Third-Party Technical and Cloud Services
- SPINTag may use third-party technical, cloud, mapping and geospatial services, technologies or data for hosting, authentication, security, infrastructure, mapping, geostamping and other technical services necessary to operate, maintain and secure the Platform, including, where applicable, DIGIPIN, Esri and OpenStreetMap technologies or data. Ordinary capture synchronization does not upload photograph or video files to cloud storage.
- The availability or performance of particular App features may depend on such third-party services, technologies or data.
- Where applicable, the use of such third-party services, technologies or data may be subject to the relevant provider's terms, licences, attribution requirements and policies. SPINTag does not control the availability, accuracy, completeness or continued operation of third-party services, technologies or data.
- Any processing of Personal Data through third-party technical services will be carried out in accordance with the Privacy Policy and applicable law.
13. Suspension and Termination
- SPINTag may suspend, restrict or terminate a User account where reasonably necessary, including where:
- these Terms have been violated;
- the account has been used fraudulently or unlawfully;
- false or materially misleading information has been knowingly submitted;
- photographs, videos, capture records or Audit Data have been manipulated or falsified;
- integrity-verification mechanisms have been bypassed or compromised;
- unauthorised access or other security-related misuse is detected;
- the account creates a legal, security or safety risk; or
- such action is otherwise necessary to protect the Platform or its Users.
- Where appropriate, SPINTag may also restrict access to particular App features, reject or restrict User Content, or take other reasonable measures necessary to protect the Platform.
14. Reporting and Grievance Redressal
- Users may report User Content, photographs, videos, audit records, technical issues, security concerns or other Platform matters where they believe that they:
- violate these Terms;
- infringe their rights;
- contain materially false or misleading information;
- violate applicable law; or
- create a privacy or security concern.
- Reports may be submitted through the reporting functionality available in the App, where provided, or by contacting software@iittnif.com.
- A designated Grievance Officer will handle complaints, queries and grievances concerning the Platform, these Terms and privacy-related matters.
- Grievance Officer: To be designated
- Email: software@iittnif.com
- We may request reasonable information to verify your identity before processing a privacy-related or account-related request.
- Users may also submit bug reports, technical issues, screenshots, feedback or other support requests through the functionality or contact channels made available by SPINTag.
- Privacy and data-related requests will be handled in accordance with the Privacy Policy and applicable law.
- If you are not satisfied with the response to a grievance, you may exercise any further rights or remedies available to you under applicable law.
15. Indemnification
- To the extent permitted by applicable law, you agree to indemnify and hold harmless IIT Tirupati Navavishkar I-Hub Foundation (IITTNiF), SPINTag, and their respective officers, employees, representatives and affiliates from and against claims, losses, liabilities, damages, costs and reasonable expenses, including reasonable legal expenses, arising out of or relating to:
- your violation of these Terms or applicable law;
- your capture, storage or use of User Content that infringes or misappropriates a third party's rights;
- your failure to obtain the necessary rights or permissions for photographs or other content captured by you;
- any false, misleading, fraudulent or unauthorised information submitted by you;
- your manipulation or falsification of photographs, videos, capture records or Audit Data;
- your attempt to compromise or bypass the security or integrity-verification mechanisms of the Platform;
- your misuse of the Platform; or
- your unlawful, fraudulent or malicious use of the App.
- This indemnification obligation shall apply only to the extent that the relevant claim, loss or liability arises from your acts, omissions, breach or misuse of the Platform.
- Nothing in this Clause is intended to exclude or limit any liability that cannot be excluded or limited under applicable law.
16. Modifications to Terms
- SPINTag may update these Terms from time to time, including where new features are introduced, existing features are modified or improved, technical or cloud infrastructure changes, or applicable laws or regulatory requirements change. The latest version of these Terms will be made available through the App and/or on the official website, and Users are encouraged to review these Terms and the Privacy Policy periodically to remain informed of any updates. Where required by applicable law, SPINTag may provide additional notice or obtain any required consent before implementing material changes. Your continued use of the App following the effective date of the updated Terms constitutes your acceptance of the revised Terms and Privacy Policy, to the extent permitted by applicable law.
17. Contact Information
- If you have any questions about these Terms, the Service, or the Privacy Policy, please contact us at:
- Email: software@iittnif.com | Attention: Grievance Officer