Terms & Conditions of Sale

Welcome to our Ezer club, We at Daijo Pvt. Ltd., the promoters of Pedaleze products have ensured your Eze in every aspect of our product by incorporating Connected & intelligent services in our product (“collectively Connected Services”). You are choosing to enroll in a Connected Services service plan (“Service Plan”). These Terms and Conditions are the agreement between us regarding our provision of Connected Services to you (collectively referred to herein as “Agreement” or “Connected Services Agreement”). By purchasing our Pedaleze product or otherwise access Connected Services, including by downloading software or using websites to access these services, you accept and agree to be bound by these Terms and Conditions even if you have not signed this Agreement. See Section 3A of this Agreement.

As used in this Agreement, the terms “you” and “your” shall be deemed to refer to, and this Agreement shall be binding upon, any person or entity who has purchased or leased a Vehicle equipped with, or uses your Vehicle. Also, as used in this Agreement, the terms “we,” “us,” “our”, “company”, “DaijoPvt. Ltd.”, “Pedaleze” or “Connected Services” shall be deemed to collectively refer to the following persons/entities, each of which are intended beneficiaries of this Agreement: (i)DaijoPvt. Ltd.; (ii) Third-party service providers engaged by DaijoPvt. Ltd. to develop and perform all functionalities required to fulfil the vehicle connected services and their affiliates, successors and assigns, and any replacement vendors engaged by DaijoPvt. Ltd. to perform the services provided by any of its current Vendors; (iii) Connected Services Agents and their affiliates, successors and assigns; and (iv) any employees, directors, officers, subcontractors, representatives and agents of any of the foregoing.

You can contact us at any time by visiting the Contact section in our mobile application on website, or reaching out to us as follows:

E-Mail id: info@pedaleze.com

Mail address: Daijo Pvt. Ltd, S.P No: 58, New No:25, 3rd Main road, Ambattur Industrial Estate, Chennai – 600058, Tamil Nadu, India.

PLEASE READ ALL PAGES OF THIS AGREEMENT COMPLETELY BEFORE PURCHASING PEDALEZE VEHICLES OR USING ANY CONNECTED SERVICES AND KEEP A COPY FOR YOUR FILES. READ AND KEEP A COPY OF ANY ADDITIONAL CONNECTED SERVICES DOCUMENTS GIVEN OR SENT TO YOU. ANY CONNECTED SERVICES DOCUMENTS (REGARDLESS OF WHETHER THEY STATE THEY BECOME PART OF YOUR CONNECTED SERVICES AGREEMENT) ARE AUTOMATICALLY DEEMED A PART OF THIS AGREEMENT, AS DESCRIBED IN THIS AGREEMENT, IF YOU ACCEPT ANY OF THE SERVICES SUCH DOCUMENTS DESCRIBE.

The Vehicle Disclaimer

1. The vehicle assist system – The Pedaleze vehicles assist system shall provide assist only until there is usable energy in the energy storage system used in the vehicle in this case a battery (or) all the electrical components are connected & maintained properly.

2. The usage of the equipment – Though the equipment monitors your health conditions and provides alerts. The Pedaleze Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Pedaleze Service, engaging in an exercise program, or changing your diet. If you experience a medical emergency, stop using the Pedaleze Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Pedaleze Service. If you engage in any exercise program you receive or learn about through the Pedaleze Service, you agree that you do so at your own risk and are voluntarily participating in these activities.

Prolonged contact with wearable devices may contribute to skin irritation or allergies in some users. To reduce irritation, follow four simple wear and care tips: (1) keep it clean, (2) keep it dry, (3) don’t wear it too tight, and (4) give your wrist a rest by removing the band for an hour after extended wear. If you notice any skin irritation, soreness, tingling, numbness, burning or stiffness in your hands or wrists while or after wearing the product, remove your device and please discontinue use. If any symptoms persist longer than 2-3 days after removing the device, consult your doctor.

Pedaleze products have a heart rate tracking feature that may pose risks to users with certain health conditions. Consult your doctor prior to use of such products if you (1) have a medical or heart condition, (2) are taking any photosensitive medicine, (3) have epilepsy or are sensitive to flashing lights, (4) have reduced circulation or bruise easily, or (5) have tendonitis, carpal tunnel syndrome, or other musculoskeletal disorders.

The Connected Services

1. Connected Service Requirements – Your Pedaleze vehicle, (“Vehicle”) will come with an authorized Pedaleze Connected Services telematics system (“Connected Services System”), which is the equipment, including either a hardware, and a mobile software both together connected together through an active Bluetooth connection used to provide Connected Services to your Vehicle. The mobile device used by you which shall be connected to the vehicle should be connected to wither the mobile GPRS network or WIFI device in order to send data to our server, which shall enable us to provide the connected services. Additionally, you must have an active Connected Services subscription to receive the Connected Services. Connected Services are provided to you by Pedaleze, through its authorized connected vehicle services providers. Pedaleze or its Vendors in turn may interact with and/or engage one or more third party providers as necessary to provide the Connected Services. Those third-party providers include any person, company, or entity who provides any service, equipment, or facilities in connection with the Connected Services or the Connected Services Systemare referred to in this Agreement as “Service Provider(s)”.

2. Subscription, Billing, Payment – By purchasing the product Pedaleze does not guarantee to subscription of Pedaleze services. The current fee and payment schedule for your Service Plan is set forth in the Service Plan description. As a condition to receiving certain free trial periods for the Connected Services, you are required to provide Daijo Pvt. Ltd. Or Pedaleze with a valid credit or debit card account during enrollment or activation of Connected Services. Upon expiration of the applicable trial period(s) for your Service Plan, if we have a valid form of payment on file for you, we will automatically charge your account for the applicable service fees according to the payment schedule associated with your Service Plan and payment is due in advance. Unless the Connected Services are cancelled by you or us as allowed by this Agreement, we will continue to charge the payment account you provided, or a substitute account provided by you or your card issuer unless or until your Service Plan is cancelled by you or by us as allowed under Section 3. By providing payment account information to us, you represent that you are an authorized user of such payment account. The price of your Service Plan may change over time, and we will use the rates then in effect for the applicable payment period for those charges. The purchase or lease price of your Vehicle may have included a prepayment for a period of time for a specified Service Plan. Upon expiration of the period covered by such prepayment, we will automatically start charging the payment account you provided as set forth above.

Depending on the Service Plan you choose, you’ll have different payment responsibilities, but you must always pay on time and (unless the law provides otherwise) in full. You are responsible for paying directly to all Service Providers all charges for services furnished by them that are not expressly covered by your Service Plan. If your credit, bank or debit card provider refuses a charge or an automated withdrawal, we can also terminate or suspend your service. If you object to any fees or charges for services billed by or through us, you must tell us in writing within 60 days after the fee or charge is incurred, (unless the law does not allow a limit or the law requires a longer period), OR YOU WILL AUTOMATICALLY WAIVE THE DISPUTE. Failure to comply with the payment obligations in this Agreement may result in suspension or termination of your account and inability to access the Connected Services.You promise to pay all taxes, fees, and surcharges set by the government and charged to you by us. We may not tell you in advance of changes to these items. We may charge additional fees related to our costs (or the costs of our Service Providers) to comply with government regulations.

3. SERVICE ACTIVATION/DURATION AND CANCELLATION.

A. ACTIVATION. YOU CAN ONLY RECEIVE AND USE CONNECTED SERVICES BY ACCEPTING THIS AGREEMENT. SUBJECT TO APPLICABLE LAW, YOU ACCEPT THIS AGREEMENT AND START YOUR CONNECTED SERVICES WHEN YOU SIGN A CONTRACT THAT INCLUDES THIS AGREEMENT, OR WHEN YOU COMPLETE AND ELECTRONICALLY SIGN THIS AGREEMENT ONLINE OR AT YOUR DEALERSHIP, ACCEPT THE AGREEMENT WITHIN THE MOBILE APPLICATION OR WEBSITE, USE THE CONNECTED SERVICES , DOWNLOAD SOFTWARE TO USE THE CONNECTED SERVICES, OR ACCEPT ANY OF ITS BENEFITS (INCLUDING USING A VEHICLE WITH AN ACTIVE CONNECTED SERVICES SYSTEM). IF YOU DO ANY ONE OR MORE OF THESE ACTIONS TO ACCEPT, YOU ARE BOUND BY THIS AGREEMENT AND ANY LATER CHANGES OR AMENDMENTS TO IT AS PROVIDED FOR IN THIS AGREEMENT.

B. Duration. Your Connected Services start as selected by you during enrollment and as set out above and continues for the length of time specified in your Service Plan (the “Initial Service Period”). AFTER THE EXPIRATION OF YOUR INITIAL SERVICE PERIOD, IF WE HAVE A VALID FORM OF PAYMENT ON FILE FOR YOU, THEN YOUR CONNECTED SERVICES WILL AUTOMATICALLY RENEW FOR SUBSEQUENT RENEWAL PERIODS (EACH A “RENEWAL SERVICE PERIOD”), BASED UPON YOUR SERVICE PLAN PERIOD, UNLESS AND UNTIL IT IS CANCELLED BY YOU OR US AS ALLOWED IN THIS AGREEMENT.

C. Your Cancellation Rights. You can cancel your Connected Services at any time. To cancel your service, you will need to call the Pedaleze Customer Care or mail us at info@pedaleze.com. If you purchased a Service Plan online and if provided by applicable law, you may cancel online. You will be required to provide your password/PIN in order to cancel service. We will not provide any type of refund to you on cancellation of services. If the Connected Services are cancelled, we have the right to turn off your Connected Services System and you may have to pay for any reactivation.

D. Our Cancellation and Suspension Rights. We reserve the right to cancel or temporarily suspend Connected Services Service for

Up-gradation of services or maintenance or revamp,
discontinuation of services
or for non payment of subscription,

in which case we will give you notice 30 days prior to the effective date of cancellation after which your account will be deactivated and your Connected Services will temporarily suspended, cancelled or terminated. This means that we can decide to cease providing the Connected Services to you at any time and for any reason, even for reasons unrelated to you or your account with us. In such a case, we will refund any amounts you have paid in advance for the Connected Services (other than any payment that was included in the purchase or lease price of your Vehicle), but not for the Connected Services System. Additionally, we may cancel your Connected Services without prior notice to you if we have received information that establishes you are no longer the owner/lessee of your Vehicle, and in such case we will not refund any prepaid amounts to you unless you notify us as provided in Section 3C above. Also, we may cancel your Connected Services without prior notice to you for any good cause. This means, for example, we can terminate your Connected Services immediately if you breach any part of this Agreement, do not pay amounts that are due, interfere with our efforts to provide service, interfere with our business, or if your Connected Services or wireless phone number is used for illegal or improper purposes. You do not have any right to have Connected Services reactivated, even if you cure any of these problems. Whether to allow you to have Connected Services again will be entirely up to us. In the event we cancel your Connected Services for good cause, we will not refund any prepaid or unused portions of your services fees. We can suspend or cancel your Connected Services for any reason. We can also suspend it for network or system maintenance or improvement, or if there is network congestion, or if we suspect your Connected Services is being used for any purpose that would allow us to cancel it.

4. TRANSFERRING, REACTIVATING OR CHANGING YOUR SERVICE. Unless we agree otherwise, you cannot transfer your Connected Services/the system to another Vehicle or another person. You may activate, cancel, change or reactivate your Connected Services as provided elsewhere in this Agreement; however, we will only accept such requests from you or an additional authorized user of legal age listed on your account (or from someone we believe is your authorized agent). If we do any of these things, you agree to pay any charges associated with these requests.

5. CHANGES TO THIS AGREEMENT. We can change this Connected Services Agreement at any time, after giving 30 days’ notice to you (or such longer period as required by law). This includes changing any or all of this Agreement, even the prices and services provided. If any such change materially affects your rights under this Agreement, or negatively impacts your Connected Services in a material way, or results in higher fees being charged to you by us, we will provide you with notice of such change in writing, which may include by electronic mail. We will notify you of any other non-material changes by publishing a notice of the change or a revised version of these Terms and Conditions on the Customer Web Portal and/or in the mobile application. You agree that we may use any credit, or debit card of yours that we have on file for payment of such charges. AFTER RECEIVING NOTICE OF A CHANGE THAT MATERIALLY AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT, NEGATIVELY IMPACTS YOUR Connected Services IN A MATERIAL WAY, OR RESULTS IN HIGHER FEES BEING CHARGED TO YOU, YOU MAY CANCEL YOUR CONNECTED SERVICES AGREEMENT OR AGREE TO THE CHANGE. IF YOU DO NOT CANCEL YOUR CONNECTED SERVICES AGREEMENT WITHIN 30 DAYS OF THE DATE OF THE NOTICE, THEN YOU WILL BE AGREEING TO THE CHANGE AND IT WILL AUTOMATICALLY BECOME PART OF THIS AGREEMENT. You can obtain a copy of the current Terms and Conditions for your Agreement, online at our website “Pedaleze.com”, or by pressing the terms and conditions button in your Pedalezeapp.

6. SPECIAL INFORMATION ABOUT SERVICE AND SYSTEM LIMITATIONS.

A. Technology and Communications. Connected Services cannot work unless the device connected with your vehicle is connected to your mobile phone via an active Bluetooth service. The mobile should be connected to an active WIFI or a mobile GPRS pack which shall enable data from the vehicle stored in the app to be transferred to our cloud servers continuously or on a periodic basis depending upon the type of service required. Connected Services that involves location information about your Vehicle cannot work unless GPS satellite signals are unobstructed, available in that place and compatible with the Connected Services System as well.

B. Geography and Environment. There are other problems we cannot control that may prevent us from providing Connected Services to you at any particular time or place, or that may impair the quality of the Connected Services. Some examples are hills, tall buildings, tunnels, weather, damage to important parts of your Vehicle in an accident, or wireless network congestion.

C. The cardio assist system – The cardio assist system / smart assist system records your heatbeat / torque exerted and based on our algorithm provides an assist system so as to reduce the stress on your body. Our algorithm is completely based on our observations of random samples of our users and the physical parameter data inserted by you. But in some cases the assist system may notfunction as expected due any of the following reasons but limited to: (i) incorrect physical parameter data provided by you, (ii) inaccuracies in data measured by our health monitoring device, (iii) communication failure between the connected device and the mobile application, (iv) inaccuracies in algorithm developed based upon sample space. In the above instances, Pedaleze nor its affiliates are liable for any inaccuracies in the technology although necessary measures shall be taken to make the corrections upon bringing the issue to our notice.

D. Maps and Navigation. The routing data that we provide to you is based on the most current map information available to us that we are able to provide to you, but may be inaccurate or incomplete. For example, our routing data may not include information about one-way roads, turn restrictions, construction projects, seasonal roads, detours or new roads. It may suggest using a road that is now closed for construction or a turn that is prohibited by signs at the intersection. In addition, traffic, weather and other events may cause road conditions to differ from the results generated. Therefore, you should always use good judgment, obey traffic and roadway laws and instructions and evaluate whether it is safe and legal based on current traffic, weather and other conditions to follow the directions provided by the Connected System and Services. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PEDALEZE NOR ITS VENDORS MAKE ANY SPECIFIC PROMISES ABOUT THE ROUTING DATA PROVIDED HEREUNDER (I.E., WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE ROUTING DATA, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS – THE ROUTING DATA IS PROVIDED “AS IS”).

E. Outside Our Control. Pedaleze is not responsible for any delay or failure in performance if such failure or delay could not have been prevented by reasonable precautions. Additionally, Pedaleze is not responsible if such failure or delay is caused by acts of nature, or forces or causes beyond our reasonable control. Examples include public utility electrical failure, acts of war, government actions, terrorism, civil disturbances, labor shortages or difficulties (regardless of cause), or equipment failures including Internet, computer, telecommunication or other equipment or technology failures.

7. SPECIAL NOTICES.

A. Software, Hardware and Equipment Updates. Connected Services involves server, Bluetooth communication module and vehicle software that we may need to change from time to time. We may do this remotely without notifying you first. It may also require device application updates, including mandatory updates, to the Connected Services applications, including mobile and wearable apps. Such changes may affect or erase data you have stored on the Connected Services System in your Vehicle or on your device. We are not responsible for any lost data. You do not own the Connected Services software in the vehicle or on your device or website, or acquire any rights to use or modify the Connected Services software on your own. Your Vehicle’s systems also involve software that we may need to change from time to time. You agree to allow the updates described in this Agreement to be done remotely without notifying you.

B. Telecommunications/GPS Changes. The Connected Services System uses digital wireless telecommunications technology, Bluetooth technologies and GPS technology that are outside of our control. Telecommunications technologies have been known to change over time, resulting in the obsolescence of certain telecommunications networks. If the telecommunications technology, Bluetooth technologies or GPS technology used by your Connected Services System changes in a way that results in incompatibility of those technologies with your Connected Services System, then your Connected Services System will not work and we may be forced to cancel your Connected Services. Further information regarding cellular carrier technologies is covered in Section 3E of this Agreement. If other changes occur to the telecommunications technology or GPS technology used by your Connected Services System, we will notify you of the effective date of cancellation and any applicable changes to these Terms and Conditions.

C.Fees, Costs and Other Expenses: The application requires a data network operated by a wireless service provider to function. Your account with your wireless service provider is your responsibility and not the responsibility of the Connected Services. Depending on your data plan, you may incur charges from your wireless service provider for use of their network and/or for specific services, for example, making phone calls, sending or receiving text messages and/or emails or other services. You are solely responsible for any and all costs you incur as a result of your use of the application.

8. YOUR RESPONSIBILITIES

A. Working System. The Connected Services System in your Vehicle should be active and connected to your registered device through a Bluetooth.

B. Passwords/PINs. You promise to be fully responsible for the protection of your password/PINs. Anyone who has access to your password or PINs may be able to access the Connected Services Features and Account, We have no responsibility for, nor obligation to inquire about, the authority of anyone using your password/PINs or other information that can be used to identify your account to request Connected Services for your Vehicle.

C. Proper Use of the Services. You are responsible for ensuring safety and compliance with all regulations, ordinances and other laws applicable to your Vehicle. You promise to use Connected Services emergency and roadside services only for actual emergencies and roadside assistance needs. You promise not to use the Connected Services for any fraudulent, unlawful, or abusive purpose, or in any way that is not described in materials provided by us to you or that interferes with our provision of services to you or to our other customers. You promise to notify us if you no longer have ownership or possession of the vehicle, including third party sale, loss, or total damage to the vehicle. You promise you will not abuse or do anything to damage our business operations, services, reputation, employees or facilities. If you do any of these things, you agree to indemnify, defend and hold us harmless from and against any and all costs, expenses (including attorneys’ fees), losses, damages and other liabilities which arise from or in connection with a claim or demand that any third party makes against us, which results in whole or in part from that use or misuse, or your actions or failure to act.

D. Safeguarding and Use of Others’ Information. Certain information you receive through your Connected Services belongs to us or third parties who provide it through us. It may be covered by one or more copyrights, trademarks, service marks, patents, trade secrets or other legal protections. You promise not to use any content you receive through Connected Services except as expressly authorized by us. You cannot license, lease, sell, resell, have licensed, have leased, have sold or resold, or otherwise transfer or convey any of it or use it for commercial purposes. You agree you will not copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any of it. Certain Service Providers impose further terms and conditions on providing services (for example, the end user terms covering navigation and location data). By using the Connected Services, you also agree to be bound by those additional terms and conditions.

E. Other Users/Occupants of Your Vehicle. YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF CONNECTED SERVICES IN YOUR VEHICLE, EVEN IF YOU ARE NOT THE ONE USING IT, AND EVEN IF YOU LATER CLAIM THE USE WAS NOT AUTHORIZED. YOU ARE ALSO SOLELY RESPONSIBLE FOR THE SERVICES REQUESTED BY YOU, OR BY ANYONE USING OR OCCUPYING YOUR VEHICLE, THROUGH CONNECTED SERVICES. You promise to educate and inform all users of your Vehicle about the Connected Services, system features and limitations and our use of such user’s and occupants’ information as permitted by this Agreement. We have no obligation to inquire about the authority of anyone using your Vehicle. If you, another driver of your Vehicle uses the Connected Services System to commit a crime or for another improper purpose or if such other driver of your Vehicle disputes Pedaleze’s collection and use of information as permitted in this Agreement, you agree to indemnify, defend and hold Connected Services harmless from and against any and all costs, expenses (including attorneys’ fees), losses, damages and other liabilities which arise from such improper use.

9. PRIVACY

A. Information Collected and Used by Us. In providing the Connected Services to you and as more fully set forth in the Privacy Policy, we may collect and retain an electronic or other record of certain information about you and/or other users of your Vehicle including not limited to: your Vehicle’s description, your physical parameters, your health conditions, location, speed, direction of travel, time of travel, service data, eco-related driving performance or charging data, mechanical condition or incidents involving your Vehicle. Your Vehicle may also be equipped with one or more sensing or diagnostic modules capable of automatically retrieving, recording, transmitting, or storing certain vehicle data, such as trouble codes, tire pressure, battery voltage, coolant temperature, eco-related driving performance or charging habits, and service requirements.

We use the information we collect from you or occupants of your Vehicle to: deliver the Connected Services to you, manage your Connected Services account, improve vehicle safety, analysis and research purposes, improve your Connected Services experience at our dealers, provide service notifications/alerts, participate in government subsidy or incentive programs that benefit you or us directly or indirectly, and enhance your overall ownership experience. We will not sell, trade, or rent your personal information to others without your authorization consistent with the terms of this agreement. We share certain information collected from the Connected Services with our dealers to assist in performing service diagnosis and repair and to improve your customer experience. We share the information we collect with Service Providers for purposes of providing the Connected Services and maintaining your account. We may also share information as necessary with third parties for analysis and research purposes. All Service Providers or third parties are contractually obligated to keep your information confidential if it is identifiable to you and use such information only as we specify. We may also disclose information to individuals designated by you to be contacted in an emergency. When required, you agree we may release information, including location data, to comply with applicable laws or regulations, in legal proceedings to respond to judicial subpoenas or court orders, in cooperation with law enforcement agencies, and to enforce the terms of this Agreement and any agreement related to the lease or financing of your Vehicle. We may share certain of your Vehicle information with government entities consistent with this agreement and as permitted by applicable law. You should know that we have no control over the manner in which such a government entity may use your data. Any data which we collect or which you provide to us which is not identifiable to you, including functionality use, statistics, performance data, quality metrics, shall be owned by us.

B. Your Consent. YOU CONSENT ON BEHALF OF YOU IN YOUR VEHICLE TO WIRELESS COMMUNICATION BEING CONDUCTED IN YOUR VEHICLE TO ENABLE OUR SERVICE PROVIDERS TO DELIVER THE CONNECTED SERVICESTO YOU AND OCCUPANTS IN YOUR VEHICLE. YOU ON BEHALF OF YOU OTHER USERS OF YOUR VEHICLE ALSO CONSENT TO THE COLLECTION, RECORDING AND USE OF THE INFORMATION DESCRIBED IN THIS AGREEMENT AND RELEASE PEDALEZE FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITIES ARISING OUT OF THE COLLECTION AND USE OF THIS INFORMATION. YOU ALSO AGREE THAT WE MAY CONTACT YOU IN YOUR VEHICLE, BY ELECTRONIC MAIL, OR BY TELEPHONE AT ANY NUMBER WE HAVE ON FILE FOR YOU, AND, IN SOME CIRCUMSTANCES, BY PRERECORDED MESSAGE, EVEN IF DOING SO MAY RESULT IN ADDITIONAL TELECOMMUNICATIONS FEES OR CHARGES TO YOU, TO DISCUSS YOUR ACCOUNT, OFFER UNSOLICITED PROMOTIONS, OR TO DELIVER SERVICES.

D. Your Rights. The Privacy Policy govern our use and protection of your personal information. We may change this policy at any time while meeting our legal obligation. You can access the current policy online You may review, modify, correct, or update the information you provide us at any time by emailing us, calling us, writing us or by using our Pedaleze APP.

INDEMNIFY

You will indemnify and hold harmless Pedaleze or its officials, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable lawyers’ fees, arising out of or in any way connected with (i) your access to or use of the Pedaleze Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

LIABILITIES

ARBITRATION

Every dispute, difference, or question which may at any time arise between the parties hereto or any person claiming under them, touching or arising out of or in respect of this agreement (deed) or the subject matter thereof shall be referred to an arbitrator of the choice of the M/s Daijo Pvt. Ltd and the decision of the arbitrator upon reference shall be final and binding on the parties. The seat of the Arbitration shall be only at Chennai.