Table of Contents
1. Effective Date
Effective Date: 1st March 2021
Nuronics Labs Private Limited (“Nuronics”, “Nuronic”, “Us”, “Our”, “We”) offers a variety of Artificial Intelligence tools, APIs, apps, sites via web, mobile, including all domains and subdomains of nuronics.com. Nuronics Labs Private Limited with its registered at 3-72/3/187, Puppalaguda, Ranga Reddy, Hyderabad, Telangana 500089 India. If you have any questions about these Terms of Service (the “Terms”), please email us at firstname.lastname@example.org. Nuronics has multiple types of users depending on Nuronics used:
We call user of our website as “Site visitors”.
We call users who use the free version of Nuronics Services as “Free Users”. The services can be “Beginner” package of the platform or free access to Kids App or News App or any other product that Nuronics might introduce. While free users can access and use the service, they have limited access to features and functionality than subscribers or paid users.
We call users who use Nuronics services as part of a paid subscription plan as “Subscribers”. The service features and functionalities available to subscribers are determined by the subscription plan and specific terms agreed between Nuronics and the customer that entered in to a separate agreement that governs delivery, access, and user of the Service (the “Customer Agreement”).
3. Age Requirements
You must be at least 13 years old to use Nuronics Products and Services. However, children of all ages may use Nuronics products such as Nuro Kids (where available) if enabled by a parent or legal guardian.
3.1 Permission by a parent or guardian
If you are considered a minor in your country, you represent that you have your parent or guardian’s permission to use the Service, App or Website. Please have them read this Agreement with you.
If you are a parent or legal guardian of a minor in your country, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service, App or Website.
4. Restricted users
If Nuronics has previously prohibited you from accessing or using the Service, Apps and Websites, you are not permitted to access or use the Service, Apps and Websites.
5. Service, Apps and Websites Permissions
When you use Service, Apps and Websites created by Nuronics, you may grant certain permissions to us for your device. Most desktops and mobile devices provide you with information about these permissions.
6. Warranty Disclaimer
Other than as expressly stated in this agreement or as required by law, the service, app or website is provided “as is” and Nuronics does not make any specific commitments or warranties about the service. For example, we don’t make any warranties about: (a) the content provided through the service; (b) the specific features of the service, or its accuracy, reliability, availability, or ability to meet your needs; or (c) that any content you submit will be accessible on the service.
7. Limitation of Liability
Except as required by applicable law, nuronics, its affiliates, officers, directors, employees and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data; indirect or consequential loss; punitive damages caused by:
- Errors, mistakes, or inaccuracies on the service;
- Personal injury or property damage resulting from your use of the service;
- Any unauthorized use of the service;
- Any interruption or cessation of the service;
- Any viruses or malicious code transmitted to or through the service by any third party;
- Any content whether submitted by a user or Nuronics, including your use of content; and/or
- The removal or unavailability of any content.
- This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.
To the extent permitted by applicable law, Nuronics and its affiliates’ total liability for any claims arising from or relating to the service is limited to $50/INR 3,750.
8. Intellectual Property Rights
9. User Content and Feedback Forms
User Content and Submissions on the Service. The Service allows users to upload files, audio, video, models, images, and other materials (collectively, “User Content”) and to share that User Content with others. User Content submitted or otherwise made available to the Service is subject to the following terms:
Content submitted by Subscribers on the Service, App and Website. Content submitted to the Service by Subscribers (“Subscriber User Content”) is owned and controlled by the Customer as set forth in the introduction to these Terms and the Customer Agreement. Nuronics maintains a limited, non-exclusive and non-transferrable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display Subscriber User Content for the following limited purposes: (i) to maintain, provide and improve the Service; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Subscriber User Content is in violation of the Customer Agreement or these Terms; (iv) to comply with a valid legal subpoena, request, or other lawful process that meets the requirements of the Customer Agreement and our Law Enforcement Guidelines; and (v) as otherwise set forth in our Customer Agreement or as expressly permitted in writing by the Customer.
Feedback on the Service, Apps or Websites. The Websites may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to Nuronics and share such Feedback with other users, or the public. By submitting Feedback through the Websites, you grant Nuronics a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other Nuronics marketing materials and where required to do so by law or in good faith to comply with legal process.). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.
User Content and Feedback Representations. You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that Nuronics does not control, and is not responsible for, User Content or Feedback, and that by using the Service and/or Websites, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless Nuronics for all claims resulting from User Content or Feedback you submit through the Service and/or Websites. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
10. License and Acceptable User
Acceptable Use. All Users must comply with the following rules regarding acceptable use of the Service and Websites.
Disruption of the Service. You may not:
- access, tamper with, or use non-public areas of the Service and Websites, Nuronics’s computer systems, or the technical delivery systems of Nuronics’s providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
- access or search the Service and Websites by any means other than Nuronics’s publicly supported interfaces (for example, “scraping”);
- attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or
- interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service and Websites, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service and Websites.
Misuse of the Service and Websites. You may not utilize the Service and Websites to carry out, promote or support:
- any unlawful or fraudulent activities;
- the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking;
- the publishing or posting of other people’s private or personal information without their express authorization and permission;
- the sending of unsolicited communications, promotions advertisements, or spam;
- the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
- the promotion or advertisement of products or services other than your own without appropriate authorization.
- User Content Standards Within the Service and Websites. You may not post any User Content on the Service or Websites that:
- violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
- is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited children), defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking;
- contains any personal information of minors;
- contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without Nuronics’s prior written consent granted as part of a Customer Agreement;
- contains viruses, bots, worms, or similar harmful materials; or
- contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.
Violations of this Section. In addition to any other remedies that may be available to us, Nuronics reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Service. Apps or Websites, upon notice and without liability for Nuronics should you fail to abide by the rules in this Section or if, in Nuronics’s sole discretion, such action is necessary to prevent disruption of the Service or Websites for other users. If you are a Subscriber, Nuronics reserves the right to notify the Customer’s Account Administrator(s) or other Customer representative(s) of any violations of these Terms.
You understand that we cannot and do not guarantee that files available for downloading from the Internet or our Service or Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service and Websites for any reconstruction of any lost data.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Nuronics, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
13. Third-Party Links
15. No Waiver
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
17. Services “AS IS”
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, NURONICS AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. Nuronics will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them except that, where legally permitted, modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should immediately discontinue your use of the Service.
19. Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
20. Discontinuation of Service
We may decide to discontinue the Services in response to unforeseen circumstances beyond Nuronics’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export your stuff from our systems. If we discontinue the services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.
21. Dispute Resolution
22. Governing Law