Terms and Conditions

Guiding someone to think smarter or creative is the most difficult job in this world. But the people we recognize as great teachers like Aristotle proved it can be done. We celebrate their endeavors and wish to follow same path for sake of better education. Having a good teacher, rich contents or media like our app alone will not bring you perfect understanding of any topic. You must attend with full attention as the user, try few times if it requires until you achieve the learning objectives. Please do not get the wrong idea that we are trying to slip away from guarantying the education outcome of your learning processes in our app. Only thing we want to remind you is that, the goal of Gavesha Labs is to inspire you to find your own journey in tech world. But following the path to its end is your sole responsibility. We'll keep doing our best. We believe you will do the same. Then only we can achieve our common interests in education.

However, there are things Gavesha Labs cannot control or claim explicitly for you. Keep reading this document to learn those limitations and terms that you MUST accept and comply with when using the App and the Services. If your actions seem unfitting or violate any of those terms, Gavesha Labs hereby declares to forfeit your credential to the App or take legal measurements or both if necessary.

1. Gavesha Labs Services

1.1 These Terms & Conditions ("Terms") ‌form a binding contract between you ("User/You/Your") and Gavesha Labs Pvt Ltd ("Company/We/Us/Our") regarding the use of our application named ගවේෂ ("App/Gavesha"), or any products or services in connection with the application ("Services"). The services provided by the Company include but not limited to the esp-idf based firmware ("ගවේෂ OS/Gavesha OS") sale of electronics components and DIY kits.

1.2 By accepting these Terms, User can use the App and the Services specified under section 1.1 where User's use is governed by these Terms and the Privacy Policy of the Company.

1.3 The use of the App does not require the mandatory creation of an account, but the use of the Services may require User to create a personal and unique User account ("Account").

1.4 It is necessary to create an Account in order to use some of the App features and to purchase a service available for a charge ("Premium Services"). Premium Services are products or services that are distributed by Gavesha Labs that User can purchase and features that are provided for a charge within the App.

2. Ownership

2.1 All the information, content, material, trademarks, service marks, trade names, and trade secrets including but not limited to the text, images, graphics, video, scripts and audio contained in the App ("Our Content") and the hardware and software designed or modified by Us, unless they are specifically mentioned for free to use or otherwise mentioned under these Terms, remain as an intellectual property of the Company. Therefore copying, downloading, reproducing, modifying, republishing, uploading, posting, transmitting or distributing in any way without obtaining prior written permission from Us is prohibited.

2.2 Any information, content, material, trademarks, service marks, trade names, and trade secrets including but not limited to the hardware, software and text, images, graphics, video, script and audio contained in the app listed as Open Source are allowed to be used under the specified Open Source licenses. We use CERN Open Hardware, Mozilla public license and sometimes MIT public license. It's user's responsibility to understand them properly before adopting them to any work.

2.3 The Company holds the exclusive title to the App, the Gavesha OS, the related know-how and all technical and trade information relating to it.

2.4 User shall not infringe or negatively affect the claims mentioned in sections 2.1, 2.2 and 2.3.

2.5 The App and its related Services (collectively "Platform") may display and/or refer, to third party content or links to third party websites. We do not hold any right over these references and they are property of their copyright owner(s) or other right holder(s). We shall provide with the source to the reference if applicable.

3. Registering for the App

3.1 User may be required to register an Account to access some features available within the App. This registration process is completed through Google Identity Service, which is a third-party platform, using Your Google account. When You register in the App, We shall be accessing Your Google account information You have made available to Us such as email, name, etc. User should review the privacy and data usage policies of Google to learn more about its personal information practices and available options.

3.2 We do not ask for Your Google account password anywhere within the App. You are responsible for maintaining the confidentiality of Your Google account and We cannot be held responsible in any way for any breaches that happen to Your Google account.

3.3 Your Account is for Your personal use only. You shall NOT lend or transfer Your use of or access to the App to any third party. You are fully responsible for all the interactions with the App and the Services that occur in connection with Your Account (including, without limitation, all purchases). You MUST notify us of any unauthorized use of Your Account or any other breach of security related to either Your Account, the App or the Services.

3.4 We are not liable for any loss or damage that arise from Your failure to comply with any of the Terms.

4. Use of the App and the Services

4.1 The Platform is solely focused on education. Yet there are numerous ways you can use it to build or innovate applications which involve software, hardware or both bounded to your imagination. We strictly advice you NOT to use or attempt to use the Platform for FUNCTIONAL SAFETY or in SAFETY CRTICAL environments such as in LIFE SUPPORT SYSTEMS. We won't bear any responsibility for consequences in such misconducted applications.

4.2 In accessing or using the App and the Services, User shall not:

  1. distribute, rent, loan, lease, sell, sublicense, or otherwise transfer or offer the Platform for any commercial purpose;
  2. modify or remove any copyright, trademark, confidentiality or other proprietary notices, designations, or marks;
  3. create, modify, translate, or promote derivative works of the Platform, except as permitted in these Terms;
  4. decompile, reverse engineer, or determine any source code, algorithms, methods, or techniques of the App or the Gavesha OS;
  5. tamper with or operate on Platform hardware without Our intervention and authorization;
  6. interfere with, disrupt or cause damage to the operation or any security-related features of the App or the Gavesha OS, gain unauthorized access or restrict use by others;
  7. use any software, procedure or mechanism to access the App or the Gavesha OS which can either disrupt, disable or destroy the App, the Gavesha OS or Our Content;
  8. mimic any part of the App or the Gavesha OS or create a competitive business which is similar or identical to the App, the Gavesha OS or other Premium Services;
  9. create or incorporate other datasets by downloading and storing any of Our Content;
  10. copy, modify or distribute any Content of the Platform unless they are otherwise covered by an applicable Open Source license;
  11. use the Platform or any of Our Content in a way that could or does violate any law or the rights (including but not limited to the copyright, trademark, patent, trade secret, other intellectual property, proprietary or other rights) of any person, firm, or entity or expose Us or any User to legal liability;
  12. pose a security risk to the Platform or to any other User;
  13. provide Us with data which is false or misleading or which gives rise to adverse consequences for third parties;

4.3 If a User is found to behave in any way that violates the provisions of these Terms, generates technical problems or legal problems, We reserve the right, in our sole discretion, to limit, suspend or interrupt the availability of the App, Services, Premium Services and/or the Account, and take technical and legal actions, including removal of illegal content, in order to ensure that User is not using the Platform contrary to law or license agreements that User is required to comply with.

4.4 We reserve the right to limit the availability of the Platform, in whole or in part, to any person, for any purpose at any time and in our sole discretion.

4.5 User shall undertake to indemnify and hold harmless the Company as well as its directors, employees, managers, agents from any prejudice resulting from the breach, by User, of these Terms.

4.6 The Company shall not be held accountable for problems accessing the Platform which were not directly related to the App's and Services' activities for which they are responsible for, including but not limited to problems related to:

  1. User's smartphones, tablets, or computers;
  2. User's access to the Internet;
  3. non-compatibility between User's smartphone or tablet and the App;
  4. any other event which may compromise User's access to or use of the Platform which is not caused by the Platform itself.

5. Your Content

5.1 The content You posted, provided, uploaded, submitted, shared, published, distributed, made available on, to, from or through the App is referred to as "Your Content". These Terms neither grant Us, nor do We claim any ownership rights to Your Content.

5.2 By posting, providing, uploading, submitting, sharing, publishing, distributing, making available and/or allowing others to access Your Content to or through the App, You grant Us and Our affiliates a world-wide, royalty-free, fully paid-up, perpetual, non-exclusive, transferable, and sub-licensable right and license to create, reproduce, modify, translate, adapt, distribute, redistribute derivative works of, display, perform (each publicly or otherwise) and otherwise use all or part of Your Content, by any means for any purpose and through any media and formats now known or hereafter discovered, but solely in connection with the Platform and/or Our business activities (including but not limited to promoting and marketing the Platform) and/or to comply with legal or technical requirements and to use the name provided to Us in relation with Your Content. Additionally, You hereby waive any complaints and claims in respect to Your Content to the extent permitted under applicable law.

5.3 By posting, providing, uploading, submitting, sharing, publishing, distributing, making available or allowing others to access and/or use Your Content to or through the App, You are solely liable for the consequences of doing so and You acknowledge and agree that Your Content can and may be viewed worldwide. If you choose to make your personal information publicly available through the Platform (for example, in a blog or forum), you do so at your own risk.

5.4 User shall not post, provide, upload, submit, share, publish, distribute or otherwise make available content that:

  1. is false, illegal, misleading, defamatory, slanderous, intimidating, offensive or in any other way contrary to law and public morality;
  2. may constitute, encourage, promote or incite unlawful conduct;
  3. are in breach, at Our sole discretion, of patents, trademarks, trade secrets, copyright or any other intellectual or industrial property rights;
  4. constitutes promotions or trade communications;
  5. is in any other manner questionable or unconnected to the subject matter of the interactive areas in which Your Content is published of which the decision on the questionability will be taken at the sole discretion of Us.

5.5 You agree, claim and warrant that you have obtained all necessary licenses, rights, consents, permissions and waivers to use and satisfy all of the provisions stated in these Terms in and to Your Content and that You will comply with any requirements or restrictions imposed by them. If any such requirements or restrictions for Your Content conflict with or are inconsistent with these Terms, then You must not post that Content or otherwise share it publicly on or through the App.

5.6 The storage space available for Your Content in the App is limited and hence You shall be responsible for backing up Your Content. Even though We shall take measures, in what We deem to be reasonable, to make available Your Content in case of a loss or deletion, We have no responsibility or liability for Your failure to store or back up, deletion, or the security of any content.

5.7 User acknowledges that We reserve the right, in our sole discretion, without prior notice, to delete or remove Your Content for any reason, including but not limited to, breach or provisions of these Terms. Moreover, User acknowledges that We shall not be liable to You or any third party for any deletion of Your Content.

6. Third Party Content

6.1 In relation to section 2.5, regarding the third party websites and third party contents, We do not:

  1. have control over, necessarily endorse or take responsibility for the content, privacy policies, or practices of such websites and the third party;
  2. hold responsibility for the availability of such websites;
  3. endorse any advertising, products or other materials on or available on said websites and promoted by the third party unless We have specifically mentioned to be otherwise;
  4. hold responsibility or could be held liable in any way for any loss or damage which User may suffer by using and visiting such websites, and using such content. If User decides to access these, it does so at its own risk and We encourage User to be aware of the third party's terms and conditions and privacy policy.

7.1 You consent to the collection, use, cross-border transfer, processing and storage of its personal information as described in the Privacy Policy. You also agree that You are responsible for obtaining all necessary consents and You shall comply with all applicable laws (including privacy and data protection laws), related to personal information provided to the Company in connection with Your use of the Platform.

8. Purchasing Products or Services

8.1 When You purchase a Premium Service, the Platform may direct You to third-party e-commerce websites, vendor, or payment processor run by a company other than Us ("E-Commerce Provider"). Your interactions and transactions with such E-Commerce Provider are governed by its terms of use and We are not responsible for its actions, products, services, omissions or terms. We encourage User to be aware of the terms and conditions of the relevant provider before making a purchase or transaction.

8.2 By placing an order to purchase a Premium Service, You imply that You have the authority make the said purchase and that the purchased Premium Service shall be used only in a lawful manner. Additional provisions may apply to the purchases, such as the E-Commerce provider's terms of sale, promotional and limited-time offer terms.

8.3 We reserve the right, with or without prior notice, to limit the available quantity or discontinue a Premium Service; to honor, or impose conditions on the honoring of, any promotions such as coupons, coupon code, promotional codes etc; and to refuse to provide any User with any product or service of the Platform.

9. Competitions and Promotions

9.1 Competitions, promotions, raffles, giveaways or similar events may be made available through the Platform for Users to take part in. By participating in any such event, You shall be subjected to the specific rules governing the event, of which some rules may vary from these Terms. If contradiction happens to be between the rules of the event and these Terms, the rules of the event shall take precedence.

10. Disclaimers

10.1 The App support limited number of hardware platforms for now. Namely,

None of these hardware platforms or associated parts, modules are manufactured, distributed or sold by Us as it is. Therefore, we shall NOT provide any guarantee for those devices.

10.2 As part of Our Services, We sell Gavesha OS installed ESP-Wroom-32 devices. Since these devices are also manufactured by third parties, We shall NOT provide any guarantee for them.

10.3 We may list third party merchants in the App as a reference for you to purchase hardware devices. You must acknowledge that We shall not take any responsibility on behalf of faulty hardware, misconducted business or any other unprecedented situation caused between You and those merchants. If such incident were to arise, You MUST inform us within two weeks of the incident. After a proper assessment of the situation, we may remove those merchants from the App. The Company shall be the sole governing body to take those decisions.

10.4 We do not claim responsibility to any hardware damage you might do by short circuiting, incorrect electric wiring, connecting wrong components, executing faulty programs or any other similar damage that occurs due to User's mishandling of the hardware.

11. Return and refund policy

11.1 App offers in-app purchases as part of the Platform's Premium Services. If User is unhappy with a purchase or made a purchase by mistake, a request has to be made to the Company for a refund within 48 hours of the purchase. Such request can be made by emailing to ushan@gavesha.space. We shall respond to a such request within 5 business days.

11.2 If a refund request is accepted by the Company, only 50% (fifty percent) of the purchase amount shall be refunded.

11.3 We do not accept any returns of any physical item (including but not limited to Gavesha OS installed ESP-Wroom-32 devices) You purchased from Us and no refund shall be granted for such purchases.

12. Changes to the Platform or these Terms

12.1 We may modify, update (or not update) or terminate any part, element, functionality, availability or offering of the Platform.

12.2 We may make changes or updates to these Terms, with or without notice, at any time and for any reason in our sole discretion, including complying with applicable law.

13. Term, Termination and Suspension

13.1 These Terms shall come to be effective on the date You first access or use the App or any of Our Services ("Effective Date"). The term of this contract ("Term") shall extend from the Effective Date until the first occurrence of any of the following.

  1. Our termination of all of Your rights as specified in these Terms;
  2. Our termination of the App or Services;
  3. The date You discontinue to use the App or Services by uninstalling all the software.

13.2 We reserve the right, in our sole discretion, with or without prior notice, to terminate or suspend Your access to all or part of the Platform and/or Your Account or delete or remove Your Content for any reason including but not limited to a breach of these Terms. Furthermore, You acknowledge that We shall not be liable to You or any third party for any termination of Your access to the Platform or deletion of Your Content. It is Your responsibility to save copies of Your Content.

13.3 Upon the termination of these Terms for any of the aforementioned reasons, You must immediately cease accessing and using the Platform. Sections 2 (Ownership) through 12 (Term, Termination and Suspension) shall survive termination of these Terms for any reason.

13.4 Upon termination We have the right to immediately deactivate Your Account and suspend access to Your Content, and may delete, without notice, Your Content and all its backups and the Company shall not be liable for any loss or damage incurred to You or to any third party as a result of such deletion.

13.5 Notwithstanding anything to the contrary, no expiration or termination of this contract shall terminate or affect any licenses or sublicenses granted by You in accordance with these Terms prior to such termination, including, without limitation to other users of the Service.