Terms of use

1. Effective Date

Effective Date: 1st March 2021

THESE TERMS AND CONDITIONS (“TERMS OF USE”) DOCUMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DO NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 PRESCRIBED UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.

THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN NURONICS AND USER (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN NURONICS AND USER FOR THE USE OF THE WEBSITE, MOBILE APPLICATION OR OTHER SERVICES (DEFINED BELOW).

2. Introduction

Nuronics Labs Private Limited (collectively, “we,” “us” or “Nuronics”) provides you access to the Nuronics Services subject to the terms and conditions described in this document (this “Terms of Use”) and any other guidelines, rules or licenses posted in connection with any apps or websites.

By using this Service, clicking “I Agree”, registering a User Account, purchasing any subscription, or by indicating your agreement to this Terms of Use through a similar mechanism, you are agreeing to be bound by this Terms of Use. If you do not agree to this Terms of Use, do not use the Services.

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 hello@nuronics.com.   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”).

We refer to these three types of users collectively as “Users”, “Customers” or “you” for purposes of these Terms. Regardless of what type of User you are, these Terms create a legal agreement directly between you and Nuronics and explain the rules governing use of the Service, Apps and Websites. By accessing or using the Service, Apps and Websites, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not access or use the Service and Websites. We may, from time to time, modify these Terms. Please check this page periodically for updates. We will comply with applicable local legal obligations to provide you with notice of changes to these Terms. Your continued use of the Service and Websites after any such update constitutes your acceptance of such changes.

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

Nothing contained in these Terms of Use constitutes a license in favour of the User to use trademarks, service marks or logos and/or any other marks, owned by Nuronics that may be reflected on the Services (“IPR”). Any use by a User of IPR will be only with the prior written permission from Us. You acknowledge that we are the sole and exclusive owner of our respective IPR”s and agree that You will not contest the ownership of the said IPR”s for any reason whatsoever. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Services or the materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws. The materials on the Services or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

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 Free Users on the Service, App and Website. Free Users maintain ownership of the User Content that they submit to the Service (“Free User Content”). By submitting Free User Content, Free Users grant Nuronics a license to access, use, copy, reproduce, process, adapt, publish, transmit, and display that Free User Content, as permitted by Nuronics’s Privacy Policy, including if required to do so by law or in good faith to comply with legal process. We reserve the right to remove any Free User Content on the Service that violates these Terms or that is otherwise objectionable in Nuronics’s sole discretion.

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

Your License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Service and Websites only for your own internal use (or, for Subscribers, uses authorized by the Customer), and only in a manner that complies with all legal requirements that apply to you or your use of the Service and Websites, including the Nuronics Privacy Policy and these Terms. Nuronics may revoke this license at any time, in its sole discretion.

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.

11. Viruses

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.

12. Indemnity

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

The Service may contain links to third-party websites and online services that are not owned or controlled by Nuronics. Nuronics has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

14. Severability

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

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).

16. Interpretation

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.

18. Updates

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

All disputes arising out of or in relation to these Terms of Use, including any question regarding its existence, validity or termination, which cannot be amicably resolved by the Parties within 15 days of being brought to their attention (such 15 day period is referred to as the “Consultation Period”), shall be settled by arbitration governed by the provisions of Arbitration and Conciliation Act, 1996. If the parties are not able to agree on a sole arbitrator, a panel of three arbitrators shall be appointed wherein each Party shall appoint one arbitrator within 15 days of the expiry of the Consultation Period, and the two arbitrators together shall appoint the presiding arbitrator within 15 days of the appointment of the last of the two arbitrators. The venue/seat of Arbitration shall be Hyderabad and the language of arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect.

22. Governing Law

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to these Services, shall be subject to the jurisdiction of the courts at Hyderabad, India.