IMPORTANT LEGAL NOTICE — READ CAREFULLY
THIS TERMS OF USE AND END USER LICENSE AGREEMENT ("AGREEMENT" OR "TERMS") CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU ("USER", "YOU", OR "YOUR") AND QBIT SENSOR LLP ("COMPANY", "WE", "US", OR "OUR").
BY CREATING AN ACCOUNT, COMPLETING A PHONE ONE-TIME PASSWORD (OTP) VERIFICATION, CHECKING THE ACCEPTANCE BOX, DOWNLOADING, INSTALLING, COPYING, OR USING THE HOMESENSE MOBILE APPLICATION, COMMISSIONING, PAIRING, OR OPERATING ANY HOMESENSE OR QBIT HARDWARE DEVICE, OR COMMUNICATING WITH OUR BACKEND INFRASTRUCTURE, YOU UNCONDITIONALLY AGREE TO BE BOUND BY EVERY PROVISION CONTAINED IN THIS AGREEMENT.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT IN THEIR ENTIRETY, DO NOT CHECK THE ACCEPTANCE BOX, DO NOT CREATE AN ACCOUNT, AND DO NOT INSTALL OR OPERATE THE APPLICATION OR HARDWARE. IF YOU HAVE ALREADY PURCHASED PHYSICAL HARDWARE AND DO NOT AGREE, PROMPTLY CEASE ALL PAIRING ATTEMPTS AND RETURN THE HARDWARE IN ACCORDANCE WITH OUR SEPARATE HARDWARE SALE, WARRANTY, RETURN, REFUND & CANCELLATION POLICY.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE, RESTRICT, OR MODIFY ANY MANDATORY STATUTORY CONSUMER RIGHTS GUARANTEED UNDER THE CONSUMER PROTECTION ACT, 2019 OR ANY OTHER NON-WAIVABLE STATUTORY RIGHTS UNDER INDIAN LAW.
1. DEFINITIONS AND INTERPRETATION
In this Agreement, unless the context otherwise requires, the following capitalized terms shall have the specific meanings set forth below:
- "Account" means the digital user account registered with qBit Sensor LLP, authenticated via mobile phone number and SMS One-Time Password (OTP), through which an authorized user accesses the Services.
- "Access List" means the on-device record of who may control a Device, including assigned roles (owner, family, or guest) and a limited number of members.
- "App" or "HomeSense App" means the proprietary mobile software application distributed by qBit Sensor LLP, including all object code, user interfaces, scripts, and embedded libraries, running on iOS or Android platforms.
- "Device" or "Hardware" means any physical IoT controller, including without limitation AirSense climate controllers, smart fan controllers, geyser controllers, AC infrared kits, and physical relays manufactured, branded, or distributed by qBit Sensor LLP.
- "Firmware" means the embedded software programs, bootloaders, configuration tables, and infrared (IR) code databases running on the Device.
- "Household Member" means any adult invited by an Owner to join a digital household on HomeSense under a designated role (family or guest).
- "Moon" or "Moon AI" means the proprietary assistive intelligence feature within the App that processes vocal, textual, and context-driven inputs to facilitate device operation, display contextual weather information, or surface merchandising recommendations.
- "Owner" means the adult individual who registers the primary Account, pairs a Device, and holds administrative privileges to manage members, network settings, firmware updates, or device transfer.
- "Services" means the collective offering provided by qBit Sensor LLP, encompassing the App, the Device Firmware, cloud relay communication networks, backend APIs, Moon AI, and web services accessible via
qbitsensor.in.
2. ELIGIBILITY, CAPACITY & CONTRACT FORMATION
2.1 Age of Majority and Contractual Capacity
The Services are intended strictly for adult household administrators. By entering into this Agreement, you affirm, represent, and warrant that:
- You are at least eighteen (18) years of age;
- You are legally competent to enter into a valid, binding contract under the Indian Contract Act, 1872;
- You are not disqualified, barred, or legally prohibited under the laws of India or any applicable jurisdiction from executing this Agreement or operating electronic appliances; and
- You are operating the Services within the territorial boundary of India.
2.2 Household Authority
If you install, configure, pair, or operate a Device on behalf of a family, household, corporate office, commercial enterprise, or leased rental premises, you represent and warrant that you possess full legal authorization from all property owners, co-habitants, and tenants to install physical hardware, interface with building electrical wiring, and enforce operational automation schedules.
2.3 Express Rejection of Child Accounts
qBit Sensor LLP does not permit or knowingly register Accounts for individuals under the age of 18. If we discover or have reasonable suspicion that an Account has been registered by a minor, we reserve the unreserved right to immediately terminate the Account, wipe cloud associations, and sever cloud relay functionality.
3. SCOPE AND NATURE OF THE SERVICE
3.1 What the Service Provides
HomeSense is a smart home automation ecosystem engineered to facilitate local-first and remote monitoring and control of supported electronic appliances (such as air conditioners, water heaters, ceiling fans, and lighting modules). The Service comprises:
- The HomeSense mobile application for mobile control, provisioning, and dashboard management;
- Device Firmware executing on physical qBit hardware controllers;
- Cloud relay services that forward authenticated commands when your mobile phone is outside the local Wi-Fi network;
- Moon AI, serving as an assistive, natural-language operational interface; and
- First-party hardware release notifications and curated affiliate merchandising recommendations.
3.2 Optimistic and Best-Effort Automation (CRITICAL)
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THE SERVICE IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BEST-EFFORT BASIS. HOMESENSE IS AN OPTIMISTIC HOME CONVENIENCE PLATFORM, NOT A GUARANTEED OR FAIL-SAFE SYSTEM.
Without limiting the generality of the foregoing, you acknowledge that:
- Network Environmental Variables: Communication between your mobile phone, our servers, and the Device relies upon local Wi-Fi, Bluetooth range, your router, your internet provider, mobile operating system background restrictions, and power grid stability. Failures or delays in any of these external systems can cause commands to be delayed, dropped, or executed out of sequence.
- Local Schedule Reliance: Automation schedules are stored on the Device and run against the Device’s clock. If power is lost, internet is down for a long period, or the clock is wrong, scheduled actions may run late, inaccurately, or not at all.
- Manual Override Primacy: The Services are never a substitute for physical appliance controls, circuit breakers, or original equipment manufacturer (OEM) handheld infrared remotes. You must never leave critical high-load electrical appliances (especially resistive water heaters or heating elements) unattended without ensuring that physical, mechanical, and manual fail-safe cutoffs remain fully functional.
- No Uptime SLA: qBit Sensor LLP provides no service level agreement (SLA) guaranteeing uninterrupted cloud availability, zero packet loss, or continuous server uptime.
4. ACCOUNT ADMINISTRATION, AUTHENTICATION & THEFT
4.1 Phone OTP Authentication & Number Ownership
- Access to the Service is authenticated exclusively through your mobile telephone number utilizing SMS-based One-Time Passwords (OTP). You represent and warrant that you are the lawful owner or authorized subscriber of the mobile phone number provided during onboarding.
- You are solely responsible for maintaining strict confidentiality over your phone, SMS inbox, and verification codes. Any action executed through your Account following successful OTP verification shall be legally deemed to have been authorized and executed directly by you.
- You must notify qBit Sensor LLP immediately via email at
[[connect@qbitsensor.in](mailto:connect@qbitsensor.in)]if you suspect your phone number has been compromised, ported without consent, or accessed by unauthorized third parties.
4.2 Pairing secrets (phone and hardware)
- Application servers do not hold command secrets: Pairing and command-authentication secrets are not stored on qBit Sensor application servers. They reside on your paired smartphone (in the phone’s platform secure storage) and on the Device.
- Phone replacement: Logging into your Account from a different smartphone will not automatically grant control over previously paired Devices. You must re-pair locally while next to the Hardware, or use a supported local recovery flow if we offer one.
4.3 Device Theft, Loss and Firmware Security Lockdown
- In-App Notification and Lockdown: If an AirSense or other qBit Device is stolen, lost, or physically compromised, you must immediately open the HomeSense App, access the affected device settings, report the unit as lost or stolen, and trigger a Security Lockdown.
- Firmware Lockdown Characteristics: Once lockdown is received, the Device stores that state locally and blocks normal control, schedules, and member authorizations until an authorised unlock.
- Reversibility and Network Contingency: Security lockdown is not a permanent destructive hardware brick, nor does it constitute an active GPS tracking or police-recovery tool. It is a software-level operational gate. Lockdown instructions rely entirely on network connectivity; if a stolen Device is disconnected from power or Wi-Fi, the firmware cannot receive cloud lockdown signals until it reconnects to the network. Once reachable, an authenticated Owner can reverse the lockdown via an authenticated unlock command.
- Limitation of Liability for Theft: qBit Sensor LLP disclaims all liability for physical theft of your appliances, property break-ins, or unauthorized manual button manipulation on stolen Hardware.
4.4 Account erasure (DPDP Act, Section 12)
You may request erasure of your Account and related personal data by emailing [[connect@qbitsensor.in](mailto:connect@qbitsensor.in)] and, when available, through the App. Details are in the Privacy Policy.
Because closing an account removes administrative control of paired Devices:
- Request: You ask us (or use the App when that control is offered) to delete the Account.
- Confirmation window (up to 72 hours): To reduce accidental disruption of heating, cooling, or water-heating equipment, we may hold the request for up to 72 hours so you can cancel. Canceling restores normal use. This is a safeguard, not a refusal of your statutory erasure right. If you ask us to proceed without waiting, we will complete cloud erasure within a reasonable time as required by the DPDP Act.
- Lock during pending deletion: We may lock owned Devices when they can be reached on your local network (Bluetooth or home Wi-Fi). We do not use a remote internet command for that lock step.
- Unpair before you confirm: Unpair every Device while it is powered and nearby. If Devices stay offline or unpaired, they may remain locked and may need authorised recovery. Contact
[[connect@qbitsensor.in](mailto:connect@qbitsensor.in)]. We will not treat recovery as a penalty for exercising erasure. - After erasure, cloud personal data is deleted or anonymised as described in the Privacy Policy, and pairing secrets on the phone are cleared as the App implements.
5. END USER LICENSE AGREEMENT (EULA) & INTELLECTUAL PROPERTY
5.1 Clear Division of Ownership (Hardware vs. Software)
- What You Own: You own the tangible, physical materials comprising the physical casing, printed circuit board (PCB), electromechanical relays, and display panel of the Hardware that you lawfully purchased and paid for, as evidenced by your retail tax invoice.
- What You Do NOT Own: You do not own, acquire title to, or obtain an interest in the software, code, or intellectual property embedded in or supporting the Services. All rights, titles, and interests in and to the App, Firmware binaries, bootloaders, microcode, cloud APIs, database architectures, infrared (IR) code databases, device operational profiles, graphical user interfaces, audio assets, trademarks ("qBit", "HomeSense", "AirSense", "Moon"), and trade dress remain the sole and exclusive intellectual property of qBit Sensor LLP and its licensors.
5.2 Grant of Limited Software and Firmware License
Subject to your continuous, strict compliance with this Agreement, qBit Sensor LLP grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free license to:
- Download, install, and execute the HomeSense App solely on personal mobile smartphones that you own or lawfully control, exclusively for your internal personal, domestic, or authorized household smart-home management within India; and
- Execute the Device Firmware strictly as pre-flashed and embedded on the physical Hardware unit that you lawfully acquired, solely to operate the Hardware as intended.
5.3 License Restrictions
You shall not, and shall not encourage, authorize, or permit any third party to:
- Copy, reproduce, republish, mirror, frame, distribute, broadcast, sell, rent, lease, sublicense, loan, or commercially exploit the App, Firmware, or cloud APIs;
- Modify, adapt, translate, alter, or create derivative works of any component of the App, Firmware, IR profile databases, or cloud infrastructure;
- Decompile, disassemble, reverse engineer, extract source code, decrypt, probe, or attempt to reconstruct the underlying logic, cryptographic algorithms, or communication protocols of the App, Firmware, or cloud endpoints, except and solely to the extent that such restriction is explicitly prohibited by applicable mandatory Indian law;
- Physically extract, probe, or tamper with the Device’s processor or stored credentials, or attempt to bypass device security by hardware attack;
- Remove, alter, obscure, or deface any copyright notice, trademark, patent legend, serial number barcode, or proprietary markings affixed to or displayed within the App, packaging, or Device casing;
- Circumvent, disable, corrupt, bypass, or defeat App integrity checks, command authentication, or firmware authenticity checks; or
- White-label, repackage, or utilize the App or Firmware as an automation backend for third-party commercial consumer products without our prior express written authorization.
5.4 License Grant from You to the Company
You retain full ownership of the user-generated content you upload to your Account (such as custom room names, space labels, and personal avatar photos). However, you hereby grant qBit Sensor LLP a worldwide, non-exclusive, royalty-free, fully paid-up license to host, store, replicate, transmit, display, and process your content strictly and solely as necessary to operate, maintain, support, and deliver the Services to you.
5.5 Open Source Software (OSS) Components
The App and Firmware may incorporate third-party open-source software libraries licensed under recognized open-source licenses (e.g., Apache 2.0, MIT, BSD). Nothing in this Agreement restricts, overrides, or limits your rights under the applicable open-source license agreements. Attribution notices are available in the App (Settings) when that screen is offered.
6. ACCEPTABLE USE POLICY (AUP) — PERMITTED AND PROHIBITED USE
6.1 Permitted Uses
You agree to use the Services strictly for:
- Lawful, personal, residential, or authorized domestic smart-home automation;
- Commissioning, configuring, monitoring, and operating supported consumer electrical appliances that you own or have explicit legal permission to operate;
- Sharing localized, role-scoped domestic control with family members and guests who reside in or visit your premises; and
- Interacting with Moon AI for conversational home control, local weather information, and viewing first-party product notices and affiliate suggestions.
6.2 Prohibited Uses and Absolute Behavioral Restrictions
You agree that you will NOT, under any circumstances, engage in any of the following prohibited behaviors:
- Security tampering: You shall not forge, intercept, replay, or bypass Device command authentication, spoof device identities, or attack our local or cloud communication channels.
- System Interference and Network Abuse: You shall not launch denial-of-service (DoS/DDoS) attacks, flood our cloud brokers with synthetic telemetry, or introduce viruses, worms, Trojan horses, logic bombs, or other malicious payloads into our APIs, web landing bridges, or mobile endpoints.
- Unlawful Surveillance and Harassment: You shall not utilize the Services to monitor, stalk, harass, intimidate, eavesdrop upon, or execute unauthorized automated environmental actions against any domestic worker, tenant, co-habitant, or visitor without their express knowledge and informed consent.
- Commercial Exploitation and Scraping: You shall not utilize automated web crawlers, scrapers, data-mining scripts, or headless browsers to harvest information, IR code databases, device schemas, or UI layouts from
qbitsensor.inor our backend endpoints. - Account and OTP Abuse: You shall not systematically register Accounts through fraudulent telephone numbers, generate synthetic OTP requests, or attempt to crack or brute-force administrative authentication keys.
- Prohibited High-Risk & Life-Safety Deployments (CRITICAL): You shall not deploy the Services in hazardous, volatile, chemical, nuclear, surgical, life-support, or certified industrial safety environments. The Services are not fail-safe and are not certified as emergency alarms, smoke detectors, fire cutoffs, or critical safety systems.
- Medical Advice Prohibition: You shall not rely upon Moon AI or the Services for professional medical, legal, structural engineering, or electrical safety counsel.
Violation of this Acceptable Use Policy constitutes a material breach of this Agreement, immediately terminating your software and firmware licenses and subjecting you to immediate Account suspension, hardware isolation, and potential civil and criminal legal action under the Information Technology Act, 2000.
7. ELECTRICAL SAFETY, DIY INSTALLATION & CONTRACTOR LIABILITY
7.1 Nature of Electronic Hardware
qBit Hardware devices (such as smart relays, geyser controllers, and AC controllers) are active electronic assemblies that directly interface with high-voltage alternating current (AC mains from 110V to 240V, 50Hz) and inductive or resistive electrical loads. High-voltage electrical current presents inherent, catastrophic hazards of severe electrocution, fatal electrical shock, structural electrical fires, thermal explosions, and property destruction.
7.2 The DIY Installation Model & The Duty to Hire a Certified Professional
- Do-It-Yourself (DIY) Scope: The Hardware is engineered to be DIY-installable strictly by competent adults who possess established knowledge, practical training, and familiarity with household electrical safety, circuit wiring, circuit breaker isolation, and electrical safety standards.
- Mandatory Professional Requirement for Non-Experts: IF YOU ARE NOT ENTIRELY COMFORTABLE, FULLY QUALIFIED, OR EXPERIENCED IN WORKING WITH HIGH-VOLTAGE ELECTRICAL WIRING, CIRCUIT BREAKERS, EARTH LEAKAGE, AND MAINS RELAYS, YOU MUST CEASE INSTALLATION IMMEDIATELY AND HIRE A LICENSED, CERTIFIED, AND QUALIFIED PROFESSIONAL ELECTRICIAN TO COMPLETE THE PHYSICAL WIRING, VERIFY PROPER CONDUCTOR GAUGES, MEASURE CURRENT DRAW, AND ENSURE APPROPRIATE EARTHING BEFORE APPLYING POWER.
- User’s Exclusive Environmental Responsibility: You (and/or your hired professional electrician) bear sole, complete, and exclusive legal responsibility for ensuring that your household wiring, circuit breakers, residual current devices (RCD/ELCB), earthing pits, wire cross-sections, and load capacities comply with the Indian Electricity Rules, 1956, the National Electrical Code of India, and all regional building electrical regulations.
7.3 Specific Appliances: Water Heating (Geysers) & Climate Control (Air Conditioners)
- Resistive Water Heaters (Geysers): High-wattage water heaters represent severe inductive and resistive thermal loads. You are strictly responsible for confirming that the rated current capacity of your electrical wiring and breaker switches strictly exceeds the peak wattage of your geyser unit. You must never disable, bypass, or tamper with the OEM mechanical thermostat or physical thermal safety cutout switch installed inside the geyser tank.
- Air Conditioning Compressors & Short-Cycling: Compressor motors require pressure equalization periods between power cycles. While our software algorithms incorporate delay timers, qBit Sensor LLP disclaims all liability for compressor motor burnouts, mechanical lockups, refrigerant circuit ruptures, or PCB board short-circuits caused by electrical brownouts, line-voltage fluctuations, or manual breaker cycling.
- Electromechanical Relay Adhesion (Welded Contacts): You understand that electromechanical switching relays, when subjected to extreme inductive surges or aging, can physically weld shut in an energized state, causing continuous current flow. You must never rely upon the Device as your sole thermal or electrical shutoff safety mechanism.
7.4 Absolute Electrical Indemnity and Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QBIT SENSOR LLP SHALL BEAR ZERO FINANCIAL OR LEGAL RESPONSIBILITY OR LIABILITY FOR ANY PHYSICAL INJURY, FATAL ELECTROCUTION, STRUCTURAL FIRE, ARC FAULT DAMAGE, SMOKE DAMAGE, APPLIANCE MOTOR BURNOUT, OR TRIPPED FACILITY BREAKER RESULTING FROM INCORRECT INSTALLATION, FAULTY DIY WIRING, FAILURE TO HIRE A LICENSED ELECTRICIAN, MISSING RESIDUAL EARTHING, OR TAMPERING WITH OEM THERMAL CUTOFF MECHANISMS.
8. HOUSEHOLD ACCESS, SHARING & THIRD-PARTY INVITATIONS
8.1 Multi-User Architecture & Role Scoping
The HomeSense ecosystem enables an Owner to invite other individuals to access linked Devices under discrete permission roles:
- Owner: Full administrative authority; can add or remove household members, modify network settings, initiate firmware updates, trigger security lockdowns, and pair or unpair units.
- Family: Operational control over appliance power, temperatures, modes, and fans; can view device status and schedules; cannot modify core network configurations or manage other members.
- Guest: Temporary, strictly scoped control; remote access over the internet is off unless the Owner has expressly allowed it for that guest.
8.2 Sole Responsibility of the Inviting Owner
- Lack of Independent Verification: You expressly acknowledge that qBit Sensor LLP does not, and cannot, independently verify the identity, legal relationship, co-habitation status, domestic authority, or trustworthiness of individuals you invite to join your household Account.
- Owner’s Duty of Diligence: You, as the Owner, are solely, exclusively, and legally responsible for:
- Selecting whom you invite into your digital household;
- Obtaining lawful authority from invitees prior to entering their names and telephone numbers into our platform;
- Configuring appropriate, restrictive access roles (e.g., scoping temporary visitors to
guestroles); - Periodically auditing your household membership list and immediately revoking individuals who no longer reside in or visit your premises; and
- Any and all appliance adjustments, temperature setpoint modifications, excessive electrical consumption, high electricity utility bills, appliance wear-and-tear, or property access resulting from commands issued by individuals you invited.
- Indemnification for Invitee Actions: You agree to defend, indemnify, and hold completely harmless qBit Sensor LLP from any claim, dispute, lawsuit, property damage, domestic tort, or fine arising out of or resulting from the actions, omissions, or misuse of the Services by any Household Member or guest you provisioned.
9. MOON AI ASSISTANT, VOICE CACHE & MERCHANDISING
9.1 Assistive Nature of Artificial Intelligence
- Moon is an assistive artificial intelligence interface designed to simplify device control, display localized weather information, and answer product queries.
- No Guarantee of Accurate Intent Interpretation: Moon relies on complex machine learning models, speech-to-text algorithms, and natural language processing engines. Voice recognition can misinterpret commands due to background domestic noise, room acoustics, microphone proximity, regional accents, or imperfect language phrasing.
- Mandatory Fallback to Manual Controls: IF MOON MISUNDERSTANDS A COMMAND, PERFORMS AN UNINTENDED ACTION, OR FAILS TO RESPOND, YOU MUST IMMEDIATELY TRANSITION TO MANUAL MODE WITHIN THE APP OR USE THE APPLIANCE’S PHYSICAL OEM CONTROLS. Never rely on Moon as an autonomous or unattended safety controller.
9.2 Assistant Spoken Audio Cache (TTS Reuse Disclosure)
To optimize response speed and minimize computational synthesis expenses, audio files of the assistant’s synthesized spoken responses are cached locally on your phone and in our private cloud infrastructure. You acknowledge that:
- This audio cache consists strictly of generated spoken replies (TTS audio);
- It does not constitute a permanent retention repository of your raw voice queries;
- It is never utilized for identity profiling, behavioral tracking, or third-party targeted advertising auctions; and
- It is purged when you clear your application cache or complete an Account deletion workflow.
9.3 Language Packs, Regional Dialects & Continuous Improvement
- Speech recognition assets, local dictionary models, and regional phrasing (including English and Hinglish language models) improve incrementally over time via dynamic software updates.
- qBit Sensor LLP warrants no perfection in linguistic translations, accent recognition, or regional terminology. Users encountering misinterpretations are encouraged to submit good-faith bug reports to
[[connect@qbitsensor.in](mailto:connect@qbitsensor.in)]to assist us in refining subsequent language model packs.
9.4 Merchandising: First-Party Announcements & Affiliate Marketing Cards
The HomeSense App contains curated commercial recommendations:
- First-Party Announcements: Informational cards regarding newly developed or officially released qBit hardware devices (e.g., smart fans, power monitors) may appear within your Home dashboard or conversational assistant threads.
- Affiliate Marketing Suggestions: Moon AI may surface contextual buy suggestions (e.g., replacement AC filters or energy-saving appliances) containing outbound merchant links.
- We expressly disclose that qBit Sensor LLP may earn an affiliate commission on qualifying purchases made through these external links.
- All external merchant purchases are conducted entirely on third-party websites governed by those third parties' independent sales, warranty, and privacy policies. We do not process payments, guarantee product stock, verify merchant pricing, or assume product liability for goods acquired through third-party affiliate links.
- The presence of affiliate links does not represent a sale of your personal data to advertisers.
10. FIRMWARE OVER-THE-AIR (OTA) UPDATES & CONFIGURATION PACKS
10.1 Essential Nature of Firmware Updates
qBit Sensor LLP periodically releases over-the-air (OTA) updates to patch security vulnerabilities, update root certificates, enhance cryptographic integrity, deploy new IR appliance profiles, or resolve firmware operational bugs. You acknowledge that accepting and installing OTA updates is essential to the continued security, stability, and cloud compatibility of the Device.
10.2 OTA Installation Conditions & Rollback Absence
- Owner Authorization: OTA updates can be scheduled or initiated strictly by an authenticated Owner; commands issued by Family or Guest profiles are dropped by the firmware.
- Authenticity check: The Device verifies that an update is authentic before installing it. If verification fails, the update is not applied.
- Temporary Service Interruption: During an update the Device may pause schedules, release relays, and reboot.
- No User Rollback: Firmware updates do not support end-user manual rollback to previous software versions. Continued operation with outdated, unsupported firmware may degrade cloud compatibility or expose your local network to security vulnerabilities.
11. CUSTOMER CARE & GRIEVANCE CHANNELS (EMAIL-ONLY STANCE)
11.1 Dedicated Electronic Mail Support Structure
TO MAINTAIN RIGID AUDIT LOGGING AND OPERATIONAL EFFICIENCY, QBIT SENSOR LLP OPERATES AN EMAIL-ONLY CUSTOMER SUPPORT AND GRIEVANCE REDRESSAL INFRASTRUCTURE.
WE DO NOT CURRENTLY OFFER DIRECT CUSTOMER SERVICE OR TECHNICAL SUPPORT VIA TELEPHONE HELPLINES, CALL CENTERS, OR REAL-TIME IN-APP LIVE CHAT.
11.2 Designated Communication Addresses
- General Technical Support & Inquiries:
[[connect@qbitsensor.in](mailto:connect@qbitsensor.in)] - Privacy, legal, and grievances: Grievance Officer Rashmi Kumari, rashmi@qbitsensor.in, +91-8789251093, or the published form at
/grievance - Security reports:
[[connect@qbitsensor.in](mailto:connect@qbitsensor.in)]
11.3 Support Hours and Response Targets
- Customer care inquiries are processed during standard business hours: Monday through Friday, 10:00 AM to 6:00 PM Indian Standard Time (IST), excluding gazetted Indian national holidays.
- We endeavor to acknowledge all formal email support requests within forty-eight (48) hours of receipt.
- In the event that phone helplines, ticketing portals, or live chat support are introduced in the future, formal notifications will be published on
qbitsensor.inand accompanied by a corresponding update to this Agreement.
12. SECURITY INCIDENTS & COMPROMISED SERVER DISCLOSURES
12.1 Reasonable Security Practices
qBit Sensor LLP implements reasonable technical, administrative, and organisational safeguards consistent with the Digital Personal Data Protection Act, 2023 and the Digital Personal Data Protection Rules, 2025.
12.2 Architectural Blast-Radius Boundaries in a Cloud Compromise
In the event of a catastrophic cyber incident affecting our external cloud servers or database instances, our local-first security architecture establishes clear, defensible blast-radius boundaries:
- What May Be Compromised on Servers: Your cloud profile metadata (name, phone number, city, room labels, avatar images, FCM push tokens, and cloud command routing logs).
- What is not designed to sit on application servers: pairing and command-authentication secrets, router Wi-Fi passwords, and local schedules. Those are held on the phone and/or the Device and are not intended to be harvested from a cloud-only intrusion.
- Device Control Resiliency: A breach confined strictly to our central cloud project is architecturally designed not to yield automatic, silent, unauthorized physical control over your local home appliances, because command authorization requires cryptographic keys held exclusively on your physical phone and physical Hardware.
12.3 Defense-in-Depth Acknowledgment
You acknowledge that this architecture represents defense-in-depth, not absolute immunity. Physical access to an installed Hardware unit, theft of an unlocked smartphone, or severe operating system-level exploits on your personal mobile device can circumvent these protections. In the event of a confirmed breach, our sole obligations are to investigate, contain the incident, provide notice as mandated under the DPDP Act, and instruct affected users on re-authentication, device re-pairing, or issuing local security lockdowns.
13. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- THE SERVICES, INCLUDING THE APP, DEVICE FIRMWARE, CLOUD RELAY BROKERS, MOON AI, AND WEBSITE, ARE PROVIDED STRICTLY ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS.
- QBIT SENSOR LLP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
- WARRANTIES REGARDING CONTINUOUS, UNINTERRUPTED, SECURE, ACCURATE, OR ERROR-FREE SYSTEM OPERATION;
- WARRANTIES THAT APPLIANCE COMMANDS WILL NEVER BE DELAYED, DROPPED, OR MISINTERPRETED BY HARDWARE RELAYS OR IR EMITTERS;
- WARRANTIES AGAINST WI-FI NETWORK INTERFERENCE, RF ATTENUATION, MOBILE OS BACKGROUND KILLING, OR BLUETOOTH DROPOUTS; AND
- WARRANTIES THAT AUTOMATION SCHEDULES WILL PREVENT WATER OVERHEATING, COLD-WEATHER INDOOR PIPE FREEZING, OR HIGH ELECTRICAL ENERGY CONSUMPTION.
- NO ORAL OR WRITTEN STATEMENT, ADVICE, OR EXPLANATION PROVIDED BY OUR EMPLOYEES, AGENTS, FOUNDERS, OR SUPPORT REPRESENTATIVES SHALL CONSTITUTE A WARRANTY OR EXPAND THE SCOPE OF THIS DISCLAIMER.
14. LIMITATION OF LIABILITY & EXCLUSIVE REMEDIES
14.1 Absolute Exclusion of Consequential and Indirect Damages
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE INDIAN LAW, UNDER NO CIRCUMSTANCES SHALL QBIT SENSOR LLP, ITS FOUNDERS, DESIGNATED PARTNERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:
- INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONTINGENT DAMAGES WHATSOEVER;
- FINANCIAL LOSSES, LOSS OF ANTICIPATED PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR LOSS OF BUSINESS DATA;
- EXCESSIVE UTILITY BILLS, SURCHARGES, OR ENERGY COSTS INCURRED THROUGH SMART AUTOMATION RUNTIMES OR INCORRECT SCHEDULES;
- PHYSICAL PROPERTY DAMAGE, ELECTRICAL ARC DAMAGE, SMOKE CONTAMINATION, FLOODING RESULTING FROM UNCONTROLLED WATER HEATERS OR AIR CONDITIONER CONDENSATION, BURST PIPES, OR COMPRESSOR MOTOR BURNOUT;
- PERSONAL INCONVENIENCE, DISCOMFORT, INABILITY TO HEAT OR COOL PREMISES, OR MISSED WAKE-UP AUTOMATIONS; OR
- LOSSES RESULTING FROM THIRD-PARTY CARRIERS, FIREBASE SERVICE INTERRUPTIONS, OR INTERNET SERVICE PROVIDER OUTAGES.
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, PRODUCT LIABILITY, OR INDEMNITY), EVEN IF QBIT SENSOR LLP HAS BEEN ADVISED OF, OR HAD CONSTRUCTIVE KNOWLEDGE OF, THE POSSIBILITY OF SUCH DAMAGES.
14.2 Absolute Aggregate Financial Liability Cap
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR ANY RELATED DOCUMENT, THE MAXIMUM, CUMULATIVE, AGGREGATE FINANCIAL LIABILITY OF QBIT SENSOR LLP FOR ALL CLAIMS, DISPUTES, LOSSES, ACTIONS, ARBITRATIONS, AND PROCEEDINGS ARISING OUT OF, UNDER, OR RELATING TO THIS AGREEMENT, THE APP, THE SERVICES, OR THE FIRMWARE SHALL BE STRICTLY AND ABSOLUTELY CAPPED AT:
- THE ACTUAL TOTAL PURCHASE AMOUNT PAID BY YOU DIRECTLY TO QBIT SENSOR LLP FOR THE SPECIFIC PHYSICAL HARDWARE CONTROLLER GIVING RISE TO THE UNDERLYING CLAIM; OR
- AN AMOUNT OF FIVE THOUSAND INDIAN RUPEES (INR 5,000), WHICHEVER IS LOWER.
14.3 Preservation of Non-Waivable Statutory Consumer Rights
NOTHING IN THIS SECTION OR THIS AGREEMENT OPERATES TO EXCLUDE, RESTRICT, OR LIMIT ANY STATUTORY LIABILITY OR CONSUMER REMEDY THAT CANNOT BE LAWFULLY EXCLUDED, DISCLAIMED, OR LIMITED UNDER THE CONSUMER PROTECTION ACT, 2019 OR OTHER APPLICABLE INDIAN LAWS GOVERNING RECKLESSNESS, WILLFUL MISCONDUCT, OR PROVEN GROSS NEGLIGENCE. IF AN INDIAN ARBITRATION TRIBUNAL OR COURT FINDS ANY EXCLUSION UNLAWFUL, OUR LIABILITY SHALL BE LIMITED TO THE MINIMUM DEGREE PERMITTED BY SUCH APPLICABLE LAW.
15. USER INDEMNIFICATION
You agree to defend, indemnify, and hold harmless qBit Sensor LLP, its designated partners, founders, officers, employees, agents, and licensors from and against any and all third-party claims, demands, liabilities, lawsuits, judgments, fines, penalties, losses, damages, costs, and expenses (including reasonable legal fees and litigation expenses) arising out of, resulting from, or relating to:
- Your breach or violation of any provision of this Agreement, the EULA, or the Acceptable Use Policy;
- Your improper, negligent, or illegal installation, wiring, current overloading, or mounting of any Hardware device;
- Your failure to hire a certified, licensed professional electrician to execute or inspect high-voltage AC mains wiring;
- Actions, commands, omissions, setpoint alterations, or domestic disputes caused by any Household Member or guest who acquired access to your Hardware via an invitation link or derived key generated by your Account;
- Your deployment of the Services in prohibited life-safety, medical, commercial cold-chain, or emergency industrial environments; or
- Your infringement, violation, or misappropriation of any third-party patent, copyright, trademark, trade secret, privacy right, or property right.
16. SUSPENSION, TERMINATION & SURVIVAL
16.1 Termination by You
You may terminate this Agreement at any time by halting all use of the Services, uninstalling the App, unpairing owned units, and requesting Account deletion. Account deletion follows Section 4.4 and the Privacy Policy.
16.2 Suspension or Termination by the Company
qBit Sensor LLP reserves the right to immediately suspend, restrict, or terminate your Account, software license, or access to cloud relay endpoints, without prior notice or financial liability, if:
- You materially breach or violate any provision of this Agreement, the EULA, or the Acceptable Use Policy;
- We detect synthetic traffic, automated scraping, credential brute-forcing, or security attacks originating from your Account;
- We are commanded to do so by a binding judicial order, law enforcement directive, or statutory regulatory agency under Indian law; or
- We elect to permanently discontinue providing the Services in your geographic region, in which case we will provide reasonable advance notice on
qbitsensor.in.
16.3 Effects of Termination
Upon termination of this Agreement for any reason:
- All software and firmware licenses granted to you under Section 5.2 immediately terminate, and you must immediately uninstall the App;
- Your cloud profile records will be permanently purged or anonymized in accordance with our Privacy Policy;
- Physical Hardware units that were not unpaired locally prior to termination may remain locked in their last state and may require factory recovery to be re-provisioned; and
- The following provisions shall survive termination and remain in full legal force and effect: Section 1 (Definitions), Section 3.2 (Optimistic Automation), Section 4.4 (Account erasure), Section 5 (Intellectual Property & Restrictions), Section 7.4 (Electrical Disclaimer), Section 8.2 (Invitee Indemnity), Section 11 (Customer Care Stance), Section 13 (Disclaimer of Warranties), Section 14 (Limitation of Liability), Section 15 (Indemnification), Section 17 (Governing Law & Arbitration), and Section 18 (General Provisions).
17. GOVERNING LAW, ARBITRATION & JURISDICTION
17.1 Governing Law
This Agreement, its construction, validity, interpretation, performance, and all non-contractual obligations or claims arising out of or in connection with it, shall be governed exclusively by, and construed strictly in accordance with, the substantive laws of India, without regard to conflict of laws principles.
17.2 Informal Good-Faith Resolution
Prior to initiating formal arbitral proceedings, the parties agree to make good-faith efforts to resolve any dispute, controversy, or claim amicably. A written notice of dispute must be transmitted via email to [[connect@qbitsensor.in](mailto:connect@qbitsensor.in)], detailing the factual background and relief claimed. The parties shall engage in informal discussions for a minimum period of thirty (30) calendar days from the receipt of such notice.
17.3 Mandatory and Binding Arbitration
If the dispute is not settled through informal negotiations within the 30-day window, the dispute shall be finally, exclusively, and definitively resolved through binding arbitration administered in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended):
- Seat & Legal Venue: The legal seat and exclusive place of arbitration shall be Noida, Uttar Pradesh, India.
- Tribunal Composition: The arbitral tribunal shall consist of a sole arbitrator, mutually agreed upon and appointed by both parties. If the parties fail to concur upon the identity of the sole arbitrator within thirty (30) days of the request for arbitration, the appointment shall be made by the High Court having jurisdiction over the seat of arbitration, in accordance with the Act.
- Language: The language of the arbitral proceedings, submissions, evidence, and arbitral award shall be strictly English.
- Finality: The arbitral award rendered by the arbitrator shall be final, definitive, non-appealable, and legally binding upon both parties, and judgment thereon may be entered and judicially enforced in any court of competent jurisdiction.
17.4 Exclusive Court Jurisdiction
Subject strictly to the arbitration agreement set forth in Section 17.3, the parties agree that the competent civil courts located in Gautam Buddha Nagar, Uttar Pradesh, India, shall possess exclusive and sole territorial jurisdiction over any judicial proceedings arising out of this Agreement (including petitions for interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, or challenges to an arbitral award). You hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection grounded upon inconvenient forum.
18. GENERAL CONTRACTUAL PROVISIONS
- Entire Agreement: This Agreement (together with the Privacy Policy and, where applicable, the Hardware Sale, Warranty, Return, Refund & Cancellation Policy) constitutes the entire, unified, and final legal agreement between you and qBit Sensor LLP regarding the Services. It supersedes and replaces all prior or contemporaneous negotiations, oral representations, sales pitches, packaging statements, emails, or draft understandings.
- Amendments and Modifications: We reserve the right to revise, update, or amend this Agreement periodically. Updated versions will be published at
/termswith a revised "Last Updated" date. In the event of material modifications, we will provide conspicuous advance notice through in-app banners, push alerts, or within the next phone OTP login sequence. Your continued access to the App or operation of paired Hardware following the effective date of an updated Agreement constitutes your complete acceptance of the updated terms. - Severability: If any provision, clause, or sub-clause of this Agreement is held by an arbitrator or court of competent jurisdiction to be illegal, invalid, or unenforceable under applicable law, such provision shall be severed or limited to the minimum extent necessary, and the remaining provisions of this Agreement shall remain in full force, validity, and legal effect.
- No Waiver: No failure or delay by qBit Sensor LLP in exercising any right, power, or legal remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise of any right, power, or remedy under law.
- Force Majeure: qBit Sensor LLP shall not be liable, financially or legally, for any delay, performance interruption, or failure of the Services resulting directly or indirectly from acts of God, extreme atmospheric events, floods, lightning strikes, earthquakes, wars, armed conflicts, civil unrest, acts of terrorism, labor disputes, nationwide power grid collapses, ISP cable cuts, cellular network dropouts, government-mandated internet shutdowns, or global semiconductor supply chain crises.
- Assignment: You may not assign, delegate, sublicense, transfer, or encumber any of your rights or obligations under this Agreement without our prior express written authorization. Any attempted assignment in violation of this section shall be void ab initio. qBit Sensor LLP may freely assign, transfer, or novate its rights and obligations under this Agreement to an affiliate, subsidiary, or successor-in-interest in connection with a corporate merger, restructuring, acquisition, or asset sale without your consent.
- Statutory Disclosures & Corporate Particulars:
- Legal Entity Name: qBit Sensor LLP
- Entity Structure: Limited Liability Partnership registered under the Limited Liability Partnership Act, 2008
- Registered Office Address: Desk No. NNRK 46, Unit No. 603–604, 6th Floor, Tower B, Bhutani Alphathum, Sector 90, Noida, Gautam Buddha Nagar, Uttar Pradesh – 201305, India
- Official Corporate Website:
https://qbitsensor.in - Legal & Contractual Queries:
[[connect@qbitsensor.in](mailto:connect@qbitsensor.in)]
BY CHECKING THE "AGREE TO TERMS OF USE" BOX ON THE MOBILE ONBOARDING SCREEN, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND VOLUNTARILY AGREE TO BE BOUND BY EVERY PROVISION OF THIS AGREEMENT.