Terms and Conditions for Neebify Digital Pvt. Ltd.
Host and Company Information
The website www.neebify.com (hereinafter referred to as "the Website") is operated by Neebify Digital Pvt. Ltd., a company incorporated under the Companies Act of India.
1. Scope of the Agreement
These terms and conditions ("Terms") govern the use of Neebify's Software-as-a-Service ("SaaS") platform provided via the Website and other digital interfaces such as mobile applications and browser extensions. The contract pertains to:
- The provision of access to the software listed on www.neebify.com for use over the Internet, along with data storage services on Neebify's servers.
These Terms also apply to all related services and data handling operations provided by Neebify Digital Pvt. Ltd.
2. Description of Services
The scope of services Neebify provides under this agreement includes:
- Access to the software features as outlined in the specific user documentation provided with the platform.
- Secure data storage and regular maintenance as part of the SaaS offering.
- Any service enhancements or changes made after the initial contract shall be communicated to the customer in a timely manner.
These services are subject to the limitations and conditions specified herein and in the individual agreements entered into with each customer.
3. Usage Rights
3.1. Customer's Rights to Use the Software
Neebify grants the customer a non-exclusive, non-transferable right to access and use the software solely for business purposes during the term of the agreement. The software is provided via the internet, and the point of transfer shall be the router output at Neebify's data center.
The customer agrees not to:
- Share access credentials with third parties.
- Reverse-engineer, disassemble, or copy any part of the software.
- Use the software in any way not explicitly permitted by the agreement.
3.2. Ownership of Data
The customer retains full ownership of the data stored, generated, or processed by the software. Neebify will provide the data upon request in case of contract termination, but no rights to the underlying software are granted. The customer is responsible for ensuring compliance with applicable data protection laws when using Neebify's platform.
3.3. Violations of Terms
Any breach of these Terms may result in immediate termination of the customer’s access to the software, and Neebify reserves the right to seek compensation for any damages caused by such violations.
4. Duration and Termination
The minimum subscription period is one month. The contract will automatically renew for the same term unless terminated by the customer. Neebify reserves the right to terminate the contract for good cause, such as non-payment or illegal use of the software.
Customers can cancel their subscription at any time through the Website’s settings. No refunds will be provided for partial periods of use or unused quotas, except in cases where the customer requests a refund within 15 days of their first subscription.
5. Maintenance and Service Levels
5.1. Platform Upgrades
Neebify may update or modify the software from time to time to enhance performance or security. These changes will be communicated to the customer if they significantly alter service levels. If such changes negatively impact the customer's usage, they may terminate the contract with two weeks' notice.
5.2. System Availability
Neebify ensures an average annual availability rate of 99%. Downtime for scheduled maintenance or events beyond Neebify's control (e.g., force majeure) is excluded from this guarantee. In the event of any service disruption, Neebify will address the issue within the following business day.
6. Data Security and Privacy
Neebify is committed to ensuring the confidentiality, integrity, and security of all customer data. The Company adheres to all applicable data protection laws, including but not limited to the Information Technology Act and the General Data Protection Regulation (GDPR), where applicable. Neebify will not access, share, or modify customer data unless required for technical support or as mandated by law.
Customers must notify Neebify immediately of any suspected data breaches.
7. Warranties and Liability
7.1. Limited Warranty
Neebify does not guarantee that the software will be error-free or meet all customer requirements. However, Neebify will use its best efforts to resolve any issues reported by the customer within a reasonable timeframe.
7.2. Limitation of Liability
In no event will Neebify be liable for indirect, incidental, or consequential damages, including loss of profit, loss of data, or damage to reputation. Neebify’s total liability for direct damages arising from the contract is limited to the total subscription fee paid by the customer in the preceding 12 months.
8. Fees and Payment
The customer agrees to pay the subscription fees as outlined in their service agreement. Payments are processed via credit card or bank transfer, and customers are responsible for maintaining accurate payment information. If payment is not received by the due date, Neebify reserves the right to suspend the customer’s access to the software.
9. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary information shared during the course of the contract. This includes, but is not limited to, technical, commercial, and personal data. The obligation of confidentiality extends beyond the termination of the contract.
10. Dispute Resolution and Governing Law
This agreement is governed by the laws of India, and any disputes arising out of or in connection with this contract shall be subject to the exclusive jurisdiction of the courts of [Insert City].
11. Duration and Termination
The minimum subscription period is one month. The contract will automatically renew for the same term unless terminated by the customer. Neebify reserves the right to terminate the contract for good cause, such as non-payment or illegal use of the software.
Customers can cancel their subscription at any time through the Website’s settings. No refunds will be provided for partial periods of use or unused quotas. However, in cases where a customer requests a refund within 2 days of their first subscription, a refund may be issued at Neebify’s discretion. For any subsequent billing periods or renewals, no refunds will be provided, and all sales are final.
12. Final Provisions
If any part of this contract is found to be invalid, it does not affect the validity of the remaining provisions. The parties agree to replace the invalid provision with one that closely reflects the economic intent.
These Terms may be updated by Neebify from time to time, and the customer will be notified in case of significant changes.