DHITI AI A PRODUCT OF NEURO INSIDEOUT LLP TERMS OF SERVICE
Last modified: July 1, 2020
1. Your relationship with Neuro Insideout LLP
1.1 Your use of Neuro Insideout LLP's products, software, services, and websites (referred to collectively as the "Services" in this document and excluding any services provided to you by Neuro Insideout LLP under a separate written agreement) is subject to the terms of a legal agreement between you and Neuro Insideout LLP. "Neuro Insideout LLP" means Neuro Insideout LLP Co., whose principal place of business is at Greenfield Society, Pune, India 411028. This document explains how the agreement is made up and sets out some of the terms of that agreement.
1.3 Your agreement with Neuro Insideout LLP will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Neuro Insideout LLP in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by: (A) clicking or checking to accept or agree to the Terms, where this option is made available to you by Neuro Insideout LLP in the user interface for any Service; or (B) by actually using the Services. In this case, you understand and agree that Neuro Insideout LLP will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Neuro Insideout LLP, or (b) you are a person barred from receiving the Services under the laws of the India or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Payments and Cancellation
3.1 Billing You agree that Neuro Insideout LLP may charge to your credit card or other payment mechanism selected by you and approved by Neuro Insideout LLP ("Your Account") all amounts due and owing for the Services, including taxes and service fees, set up fees, subscribed or credits fees, or any other fee or charge associated with your Account. Neuro Insideout LLP may change prices at any time, including changing from a free service to a paid service and charging for services that were previously offered free of charge; provided, however, that Neuro Insideout LLP will provide you with prior notice and an opportunity to terminate Your Account if Neuro Insideout LLP changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event Neuro Insideout LLP is unable to collect the fees owed to Neuro Insideout LLP for the Services through Your Account, Neuro Insideout LLP may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Neuro Insideout LLP in connection with such collection activity, including collection fees, court costs, and attorneys' fees. You further agree that Neuro Insideout LLP may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
3.2 Cancellation and Refund You may cancel your subscription/account at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current Subscription or credit validity Term. If you cancel, you will not receive a refund for any service already paid for. If for any reason our services haven't exceeded your standards, please let us know within the first 7 days of account activation and we will refund the money paid for that first month or credit package of service. (Minus Setup Fees, Activation Fees, and charges of credits already used). No refunds are available for any service after 7 days, whether in full or prorated. In other words, if you sign up and pay for any credit package (On-demand, Starter, Pro, or Enterprise) account, you will not be given any refund if you decide to cancel after 7 days. All refunds will be issued back to your PayPal or Bank account within 30 days of receipt of cancellation. Refunds for a break in our 99.9% Uptime Guarantee are issued if we are notified within seven days of the incident.
3.3 Delivery Policy Neuro Insideout LLP paid access to the Services is granted immediately upon payment confirmation through PayPal or Credit Card. Upon payment confirmation, a Neuro Insideout LLP account and package are created automatically and the account is immediately created on Dhiti Dashboard, which you can access by signing in from the website. You will receive a confirmation of payment, at which point you will be able to use Neuro Insideout LLP Services.
4. Provision of the Services by Neuro Insideout LLP
4.1 Neuro Insideout LLP will provide the Services as described on the Order Form, and standard updates to the Services that are made generally available by Neuro Insideout LLP during the term. Neuro Insideout LLP may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice.
4.2 As part of this continuing innovation, you acknowledge and agree that Neuro Insideout LLP may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Neuro Insideout LLP's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Neuro Insideout LLP when you stop using the Services.
4.3 You acknowledge and agree that if Neuro Insideout LLP disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content which is contained in your account.
4.4 You acknowledge and agree that while Neuro Insideout LLP may currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Neuro Insideout LLP at any time, at Neuro Insideout LLP's discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Neuro Insideout LLP will always be accurate, correct, and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Neuro Insideout LLP unless you have been specifically allowed to do so in a separate agreement with Neuro Insideout LLP.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Neuro Insideout LLP, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Neuro Insideout LLP has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Neuro Insideout LLP may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Neuro Insideout LLP for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Neuro Insideout LLP immediately.
7. Privacy and your personal information
7.2 You agree to the use of your data in accordance with Neuro Insideout LLP's privacy policies.
7.3 Payment processing services enable Neuro Insideout LLP to process payments by credit card, bank transfer or other means. To ensure greater security, Neuro Insideout LLP shares only the information necessary to execute the transaction with the financial intermediaries handling the transaction.
8. Content in the Services
8.1 You understand that all information which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such Content originated. All such information is referred to below as the "Content".
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Neuro Insideout LLP (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Neuro Insideout LLP or by the owners of that Content, in a separate agreement.
8.3 Neuro Insideout LLP reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
8.4 You agree that you are solely responsible for (and that Neuro Insideout LLP has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Neuro Insideout LLP may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that Neuro Insideout LLP (or Neuro Insideout LLP's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information that is designated confidential by Neuro Insideout LLP and that you shall not disclose such information without Neuro Insideout LLP's prior written consent.
9.2 Unless you have agreed otherwise in writing with Neuro Insideout LLP, nothing in the Terms gives you a right to use any of Neuro Insideout LLP's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Neuro Insideout LLP, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms.
9.4 Other than the limited license set forth in Section 11, Neuro Insideout LLP acknowledges and agrees that it obtains no right, title, or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Neuro Insideout LLP, you agree that you are responsible for protecting and enforcing those rights and that Neuro Insideout LLP has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by Neuro Insideout LLP, you agree that in using the Services, you will not use any trademark, service mark, trade name, the logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from Neuro Insideout LLP
10.1 Neuro Insideout LLP gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Neuro Insideout LLP as part of the Services as provided to you by Neuro Insideout LLP (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Neuro Insideout LLP, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Neuro Insideout LLP, in writing.
10.3 Unless Neuro Insideout LLP has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Neuro Insideout LLP a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Neuro Insideout LLP to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for Neuro Insideout LLP to make such Content available to other companies, organizations or individuals with whom Neuro Insideout LLP has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that Neuro Insideout LLP, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Neuro Insideout LLP to take these actions.
11.4 You confirm and warrant to Neuro Insideout LLP that you have all the rights, power and authority necessary to grant the above license.
12. Software updates
12.1 The Software which you use may automatically download and install updates from time to time from Neuro Insideout LLP. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Neuro Insideout LLP to deliver these to you) as part of your use of the Services.
13. Ending your relationship with Neuro Insideout LLP
13.1 The Terms will continue to apply until terminated by either you or Neuro Insideout LLP as set out below.
13.2 If you want to terminate your legal agreement with Neuro Insideout LLP, you may do so by (a) notifying Neuro Insideout LLP at any time and (b) closing your accounts for all of the Services which you use, where Neuro Insideout LLP has made this option available to you. (c) Your notice should be sent, in writing, to Neuro Insideout LLP's address which is set out at the beginning of these Terms.
13.3 Neuro Insideout LLP may at any time, terminate its legal agreement with you if: (A) you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) Neuro Insideout LLP is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (C) the partner with whom Neuro Insideout LLP offered the Services to you has terminated its relationship with Neuro Insideout LLP or ceased to offer the Services to you; or (D) Neuro Insideout LLP is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (E) the provision of the Services to you by Neuro Insideout LLP is, in Neuro Insideout LLP's opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect Neuro Insideout LLP's rights regarding the provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and Neuro Insideout LLP have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. Exclusion of Warranties
14.1 The Services are provided "as is" and Neuro Insideout LLP, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to them.
14.2 In particular, Neuro Insideout LLP, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that: (A) your use of the Services will meet your requirements, (B) your use of the Services will be uninterrupted, timely, secure or free from error, (C) any information obtained by you as a result of your use of the Services will be accurate or reliable, and (D) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.
14.3 No conditions, warranties, or other terms (including any implied terms as to the satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
14.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
15. Limitation of Liability
15.1 Nothing in these Terms shall exclude or limit Neuro Insideout LLP's liability for losses that may not be lawfully excluded or limited by applicable law.
15.2 Subject to overall provision in paragraph 15.1 above, Neuro Insideout LLP, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for (A) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; (B) any loss or damage which may be incurred by you as a result of (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services; (ii) any changes which Neuro Insideout LLP may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services; (iv) your failure to provide Neuro Insideout LLP with accurate account information; (v) your failure to keep your password or account details secure and confidential;
15.3 The limitations on Neuro Insideout LLP's liability to you in paragraph 15.2 above shall apply whether or not Neuro Insideout LLP has been advised of or should have been aware of the possibility of any such losses arising.
16. Copyright and trademark policies
16.1 It is Neuro Insideout LLP's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode, and extent of advertising by Neuro Insideout LLP on the Services are subject to change without specific notice to you.
17.3 In consideration for Neuro Insideout LLP granting you access to and use of the Services, you agree that Neuro Insideout LLP may place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other websites or content or resources. Neuro Insideout LLP may have no control over any websites or resources which are provided by companies or persons other than Neuro Insideout LLP.
18.2 You acknowledge and agree that Neuro Insideout LLP is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
18.3 You acknowledge and agree that Neuro Insideout LLP is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 Neuro Insideout LLP may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Neuro Insideout LLP will make a new copy of the Universal Terms and any new Additional Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Neuro Insideout LLP will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and Neuro Insideout LLP and govern your use of the Services (but excluding any services which Neuro Insideout LLP may provide to you under a separate written agreement), and completely replace any prior agreements between you and Neuro Insideout LLP in relation to the Services.
20.3 You agree that Neuro Insideout LLP may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if Neuro Insideout LLP does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Neuro Insideout LLP has the benefit of under any applicable law), this will not be taken to be a formal waiver of Neuro Insideout LLP's rights and that those rights or remedies will still be available to Neuro Insideout LLP.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which Neuro Insideout LLP is the parent shall be third-party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third-party beneficiaries to the Terms.
20.7 The Terms, and your relationship with Neuro Insideout LLP under the Terms, shall be governed by Indian law. You and Neuro Insideout LLP agree to submit to the exclusive jurisdiction of the courts of India to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Neuro Insideout LLP shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.