TERMS AND CONDITIONS

INTRODUCTION

Please read this document before you access, or use, or utilize this platform. By accessing the website/ mobile application, or using the website, you hereby agree to the terms, conditions, provisions and covenants herein set forth hereinafter referred to as “terms of use”. If you do not agree to the terms of use, do not use the platform.

Nothing in terms of use shall be interpreted in derogatory or implying any party to act in a methodology that halts the operation of terms of use. Unless the context otherwise requires, singular words shall include plural and vice versa and in singular shall have corresponding meaning in plural to the extent of making terms of use effective, or workable.

The provisions of terms of use shall have effect notwithstanding anything inconsistent therewith and act non obstante to any incidental rights that might have emerged for any party utilizing or using TowerBuddy platform herein shall mean and include “website or mobile application”. The primary interpretation shall be in strict sense except when the strict interpretation results in ambiguity, or halts the operation of terms of use, or results in repugnancy, in such exception, the provisions maybe interpreted harmoniously to the extent of making the terms of use effective and shall not result in any unfair derogation to the rights of either party whilst interpretation.

In case of any repugnancy between numerical figures and words, the words shall prevail over the numerical figures. A reference to a statute in terms of use shall be construed as including all statutory provisions consolidating, amending, modifying, supplementing, or replacing the statute referred to.

Both the Website and the mobile application are the property of i4Sight Technologies / TowerBuddy herein referred to as “We”, or “Us”, or “Our” and are to be accessed, or used, or utilized in accordance and harmoniously with the provisions set forth herein. We may revise the terms of use at any time; your continued usage, or access, or utilization of the Platform after the revision or amendment posted shall constitute and will be interpreted as your acceptance of those revisions or amendment. It is advised to periodically review this page to stay informed of the current terms of use.

This document shall be read along with our Privacy Policy, and it shall constitute to “electronic record” within the meaning of the Information Technology Act, 2000 of India and the rules thereunder. Be informed that it is generated by a computer system and does not require any physical or digital signatures.

It shall be interpreted that specific terms of use are directed at specific persona, namely Real Estate and Miscellaneous Consultants, Legal Consultants, Landlords/ property Owners, Tower Companies, and Mobile Network Operators, or Energy Service Provider companies, or Original Equipment Manufacturers hereinafter referred to as “users”, each of whom has access to tailored features and obligations put below, are in addition to the general provisions and unless explicitly stated otherwise, all provisions apply to every user of our services.

Nothing in the Terms of Use or Privacy Policy shall be construed as a waiver of rights whether direct or incidental thereto. In case of any repugnancy between the Terms of Use and the Privacy Policy, they shall be harmoniously construed.

Nothing herein Terms of Use or Privacy Policy shall be interpreted in derogation to either terms.

Incase TowerBuddy has a specific contract with any of its user, or customer, such provisions of that contract shall take precedence.

VALIDITY OF PROVISIONS AND SEVERABILITY

That the provisions of terms of use are severable. In the event, any provision or condition in terms of use shall be held void, or otherwise unenforceable by law, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of other provisions and conditions of terms of use, and they shall be sustained.

USER CONTENT

You as a user may submit content which includes property listings, site specifications, photos, videos, comments, or any other materials, herein referred to as “User Content” to TowerBuddy and you remain solely responsible and obligated for all the content you post and its accuracy. Notwithstanding anything inconsistent therewith, you represent and warrant that you own or otherwise have the necessary rights or authorised by law to grant the licenses below and that your User Content does not infringe any third-party rights or relevant law that includes copyright, trademark, privacy, publicity or other proprietary rights.
By submitting User Content, you grant TowerBuddy a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, store, display, reproduce, modify, and distribute your content in relevant with operating and improving the Platform, incorporate it into TowerBuddy’s promotional materials, third-party integrations (e.g., social media widgets), and any other incidental license to the abovementioned purpose thereof; until you remove the user content from the Platform. You also grant other users of the Platform a worldwide, non-exclusive, royalty-free license to access and use your User Content as enabled by TowerBuddy’s features. You consent that even after removing your user content, unless explicitly barred by applicable law, we may use the user content for the aforementioned purposes.

Nothing in the terms of use or “user content” shall be interpreted to encourage the below put proviso and you agree not to submit any user content that is unlawful, defamatory, libelous, infringing, obscene, pornographic, harassing, threatening, objectionable, endangering sovereignty and integrity of a state, in relation to contempt of court, contrary to public order or morality, or official secrets as per the local laws or otherwise restricted or prohibited by law, or that could give rise to civil or criminal liability under applicable laws that includes content that contains violence, hate speech, or disinformation about properties or transactions. Prohibited conduct includes, but is not limited to:

  • Posting false or misleading information about a property, transaction, or user.
  • Uploading content that violates any intellectual property rights or privacy rights of others.
  • Harassing, abusing, or discriminating against individuals or groups in your content or comments.
  • Impersonating another person or misrepresenting your affiliation with any individual or entity.
  • Uploading viruses, malware, or any harmful code designed to disrupt or harm the Platform or its users.

Towerbuddy may not routinely review all User Content prior to publication and does not guarantee or deem to advocate its accuracy, quality, or legality and you remain liable in absolute sense for your submissions of user content. We reserve the right, at our sole discretion, to review, edit, refuse or remove any user content that violates terms of use or is otherwise objectionable to extent of prohibited or restricted by law, without prior notice or obligation to you.
Notwithstanding to the copies that TowerBuddy may retain for legal compliance, backup, or business continuity purposes, the licenses you granted to TowerBuddy and other users shall terminate once you remove the User content.
Your User Content is subject to these terms of use or applicable law, and any violation by the user content may result in suspension or termination of your access to the Platform by Towerbuddy and TowerBuddy shall cooperate with law enforcement authorities, and take any other actions we deem appropriate to enforce our rights and protect in the interest of our users and business operations including but not limited to account deletion.

INTELLECTUAL PROPERTY RIGHTS

All the content provided on the TowerBuddy Platform which includes text, graphics, logos, button icons, images, audio and video clips, designs, data compilations, software and any other materials is hereinafter referred to as “website content”. Website content is owned by i4Sight technologies/TowerBuddy, its affiliates, licensors, or users, and is protected by copyright, trademark, design, database and other intellectual property laws worldwide. No infringement shall be made whatsoever or shall be reproduced, modified, framed, downloaded, transmitted, sold, licensed or exploited in whole or in part without TowerBuddy’s prior written permission, except the Website Content may be accessed or viewed solely for your personal, non-commercial use or as provided by the intellectual property laws under “fair use”.

Subject to these terms of use, TowerBuddy grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Platform and to download or print a copy of select Website Content for your personal, non-commercial purposes, provided that you retain all copyright, trademark, and other proprietary notices intact. This license does not include any right to: 

  • Sublicense, sell, rent, lease, lend, distribute, or otherwise transfer any Website Content.
  • Use any automated means (e.g., robots, spiders, scripts) to extract, scrape, or data mine Website Content.
  • Create derivative works from Website Content without our express written consent. 
  • Incorporate any Website Content into other websites, databases, or compilations. 
  • Any other right that resembles ownership or alienating rights provided by the law.

All rights not expressly granted herein are reserved by TowerBuddy and its licensors and it shall be interpreted that those rights are not incidental to the rights or license granted by TowerBuddy thereof. Any unauthorized use of the Website Content terminates the above license and may violate applicable laws, including intellectual property laws, and communications regulations. 

Trademarks “i4Sight Technologies / TowerBuddy,” the TowerBuddy logo, and all other trademarks, service marks, trade names, slogans, and logos appearing on the Platform (collectively, “Trademarks”) are the property of TowerBuddy or its licensors. Nothing in these Terms of use grants you or be interpreted to grant any right or license to use any Trademark, and you agree not to display or use any Trademark without TowerBuddy’s prior written permission.

Not complying to the procedure in obtaining prior written permission or any unenforceability manifested, in the prior written permission shall be interpreted as absence of prior written permission and thereafter no validity of such grant is sustained.

User Content and Licenses Save it as if you submit or post any User Content to the Platform including but not limited to property listings, site specifications, photos, videos, or comments, you retain all ownership rights in that content. However, by posting User Content, you grant TowerBuddy a worldwide, non-exclusive, royalty free, transferable, sublicensable license to use, reproduce, modify, distribute, publicly perform, and publicly display your User Content in connection with operating and promoting the Platform, and to integrate it into third-party services (such as social media) until you remove it. You also grant other users of the Platform a limited, nonexclusive, royalty free license to view and use your User Content as intended through TowerBuddy's features (such as coediting or sharing). You represent and warrant that you own or control all rights in your User Content and that its use by TowerBuddy and other users will not infringe any third-party rights. TowerBuddy reserves the right to revoke any license granted under these Terms at any time, with or without cause, by disabling your access to the relevant content or terminating your account. Upon revocation, you must cease all use of the affected content and destroy any copies in your possession, except to the extent required by law or legitimate backup procedures.

USER RESPONSIBILITY

Be it that you agree to use the Platform in compliance with all applicable laws and regulations. You must provide accurate and current information when creating an account or submitting content. You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. Do not share your password or let any other person access your account. You agree not to:

  • Use the Platform for any unlawful purpose or in violation of these Terms.
  • Access or attempt to access any non-public areas of the Platform or TowerBuddy’s systems. 
  • Reverse engineer, decompile, or disassemble any part of the Platform. 
  • Use any automated tools or robots to scrape or extract data from the Platform.
  • Transmit viruses, malware, or other harmful software.

TowerBuddy reserves the right to refuse service, terminate accounts, or remove content that violates these Terms or is harmful, fraudulent, or abusive. TowerBuddy may modify or discontinue any aspect of the Platform at any time without prior notice. 

LIMITATION OF LIABILITY

Provided and as much as permitted by law such as but not limited to force majeure events, and except for damage caused by intent or gross negligence, i4Sight Technologies / Towerbuddy, and any other company of i4Sight Technolgies group, including the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party including without limitation, any direct, indirect, or consequential loss or damage, or any loss of income, profits, goodwill or data herein referred as per the meaning within applicable law in connection with the Website & Mobile application in any way or in connection with the use, inability to use or the results of use of the Website and mobile application, any websites linked to the Website and mobile application or the material on such websites and mobile applications, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of or browsing of the Website or your downloading of any material from the Website or any websites linked to the Website and mobile application. We are also not liable for any damage or loss of any amount, or loss of any kind, any direct, indirect, or consequential loss or damage, or any loss of income, profits, goodwill or data caused by the third-party service used to facilitate the contract. You are advised to exercise caution agreeing to terms of use and you are unconditionally and solely responsible for your consent.

MISCELLANEOUS

You consent to all the provisions in terms of use unconditionally to the extent provided by the terms of use.
The failure or restraint of i4Sight Technologies / Towerbuddy to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of any such right or provision. The section title-TCs in the Terms of Use are for convenience only and have no legal or contractual effect whatsoever. The Terms of Use are governed by and will be interpreted in accordance with Indian law, principles and doctrines, without regard to any conflict-of-law rules or the United Nations Convention on Contracts for the International Sale of Goods. It shall be interpreted that if there is any change in law which makes any provision of terms of use repugnant to such law, then the provisions of the terms of use shall take effect to the extent of benefit arising out of such provision to the parties herein the terms of use unless not expressly barred by the law. The Terms of Use maybe translated to various regional languages for ease of understanding, however the language version to be interpreted in the court, or arbitration, or any legal proceedings whether judicial or quasi-judicial shall be “English”.
Whereas in case of any dispute arising from the terms of use, arbitration shall be constituted as the dispute resolution forum, and the procedure including appointment of arbitrators shall be in accordance with the Arbitration and Conciliation Act, 1996 of India and the rules and amendments thereunder, and shall have the seat of arbitration at Bangalore, Karnataka, India and the venue of the arbitration at Bangalore, Karnataka, India. The arbitral award once awarded shall be binding on the parties. Hereinafter, the parties hereto have set their hands.

SPECIFIC TERMS OF USE

Real Estate, Legal and Miscellaneous ConsultantsBe it that herein shall be referred to as “responsibilities” including but not limited to as an agent or as a consultant, you must provide honest and complete information about properties and deals and be legally recognized as an agent or a consultant. As a legal consultant, you are required to be lawfully recognised by the Bar Council or any authority governing and recognising legal practice etiquettes. You are responsible for verifying property details including but not limited to title status and structural viability before presenting them to clients. Agents or consultants must comply with all local real estate licensing and brokerage laws, other governing laws for legal and miscellaneous consultants and conduct themselves professionally when interacting with landlords, tower companies, and MNOs. You agree not to attempt deals off-platform or engage in unethical practices such as but not limited to bid-rigging or misrepresentation.

Be it that herein shall be referred to as “Data Compliance” including but not limited to as Agents must handle any sensitive data (including client information or owner contact details) in accordance with privacy laws and in the interest of the privacy policy. You must keep transaction data confidential and use it only for legitimate purposes within TowerBuddy. Agents should ensure compliance with all applicable zoning, environmental, and telecom regulations when recommending sites. If alerted to any regulatory or permit issues via the Platform, you must cooperate with the relevant parties to resolve them. 

Be it that herein shall be referred to as “Commercial terms” where Agents earn commissions on leases they facilitate, as agreed directly with clients or developers. TowerBuddy does not fix or guarantee commission rates. The Platform may require an active agent profile or account subscription to access certain features, as detailed in your subscription agreement. Agents agree to any service fees or payment terms specified by TowerBuddy (if applicable). TowerBuddy does not participate in commission payments except to facilitate transactions between the contracting parties.

Landlords / Property Owners Be it that herein shall be referred to as “Responsibilities” whereas a landlord/landowner/property owner, you must ensure you have the legal right to lease the property (clear title, authorized use, etc.) and that all information you provide is accurate and up to date. Notify TowerBuddy of any material changes as soon as possible. Landlords are responsible for site safety and compliance: any necessary structural inspections, power or fiber readiness, or access arrangements must meet local regulations. If your site is selected, you agree to negotiate in good faith with MNOs or tower companies and honour any lease agreements entered through the Platform.

Be it that herein shall be referred to as “Data Compliance” where you are responsible for handling tenant/operator information (e.g., company representatives, financial details) in accordance with data protection laws. Allow reasonable site access to operators and their agents for inspection and construction, as specified by your lease. Ensure all construction and operation complies with local building codes, environmental rules, and land-use permits. TowerBuddy’s compliance tools (such as permit tracking) are provided to help you stay on top of renewals and approvals. 

Be it that herein shall be referred to as “Commercial Terms” where Landlords earn rental income under the terms of the lease agreement with the network operator or tower company. TowerBuddy facilitates these agreements but is not a party to the lease. Rent payments are made directly by the leasing party to the landlord’s designated account. TowerBuddy may collect a portion of lease payments as a success fee, as disclosed in your service agreement (if applicable). You authorize TowerBuddy to process payments and assist with lease documentation on your behalf.

Tower Companies, Mobile Network Operators, Energy Service Providers, & Original Equipment ManufacturersBe it that herein shall be referred to as “Responsibilities” whereas a Tower company, you must ensure that all project information provided via the Platform is accurate and complete. You must engage promptly with agents and landowners to review proposed sites. Tower Companies and Original Equipment Manufacturers are responsible for obtaining all necessary development permits and compliance certifications; if you post a project on TowerBuddy, you agree to update the Platform with permit status and related documentation. You must not use the Platform to conduct business outside of agreed procedures or to interfere with other users’ listings. 

As a Mobile Network Operator, you must provide accurate technical and business requirements when creating site requests. You are responsible for obtaining network and site authorizations from regulatory bodies as required. You should cooperate with Tower Companies and agents via the Platform, reviewing proposed sites and communicating approvals or additional requirements promptly whilst allocation or after commencement of contract. You must not misuse the Platform to poach sites in violation of these Terms or to engage in anti-competitive behaviour.

As an Energy Service Provider, you must ensure accurate technical and operational requirements are met. You are responsible for obtaining all regulatory and legal compliances to operate lawfully including environmental clearances.

Be it that herein shall be referred to as “Data Compliance” where you must handle owner, tenant, and network data, sensitive customer data or any data in sensitive nature, responsibly and maintain confidentiality where required in accordance with applicable telecommunications and privacy regulations. Use TowerBuddy’s compliance alerts to monitor lease renewals and permit expirations. You are expected to monitor compliance renewal notifications and act in bona-fide. Any project or legal information uploaded to TowerBuddy should comply with confidentiality agreements and data-sharing policies. Any network or project data shared on the Platform should be used solely for site acquisition purposes. Tower Companies must adhere to all telecom industry regulations and local land-use laws. If a regulatory issue arises, you should use the compliance tracking features to report and resolve it. TowerBuddy’s tools may be used to document and audit permit renewals or lease expirations, but you are ultimately responsible for legal compliance at each site.

Be it that herein shall be referred to as “Commercial Terms” where Tower Companies, or Mobile Network Operators, or Energy Service Providers, Original Equipment Manufacturers typically access TowerBuddy under a subscription or service agreement or a license agreement. Subscription fees or pay-per-use rates will be as agreed between you and TowerBuddy. Invoices are due according to the payment schedule in your contract. All commercial terms, including fees and payment obligations, are detailed in your service agreement. TowerBuddy may update pricing with notice as specified in your agreement (if applicable).   TowerBuddy’s platform is designed to deliver cost saving and efficiency, but we make no promises about specific savings for any particular user. All services (including analytics, site coordination, and document management tools) are outlined in your agreement. Invoices are typically issued monthly or quarterly, and failure to pay may result in suspension of service as per the agreement.

If you have any questions about the Terms of Use, write to info@i4sight.net