1. INTRODUCTION

Welcome to Niksar Technologies Private Limited (“Company”, “we”, “our”, “us”, “iview”), having CIN number U72900KA2020PTC136823. As you have just opened our Terms of Service, please pause, grab a cup of coffee, and carefully read the following pages. It will take you approximately 20 minutes.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at iview.ai operated by Niksar Technologies Private Limited.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements and agree to be bound by them.

If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service, but please let us know by emailing at hello@iview.ai so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Service.

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2. COMMUNICATIONS

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt-out of receiving any or all, of these communications from us by emailing us. You hereby consent to the company's display of the customer's logo on the company website portal and internal presentations. All use of your company’s logo shall be in accordance with your brand guidelines.

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3. COMMERCIAL 

Our Services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). For the billing cycle, please refer to Annexure 1.

At the end of each Billing Cycle, we will send an invoice under the exact same condition unless either you or iview want a change. Any such change in the fee structure or offering shall be based on mutual consent of both the parties and shall be in writing. To make any change in the next billing cycle’s Subscription, you can reach out to iview’s customer support team by emailing us at hello@iview.ai at least 5 business days before the subscription ends.

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4. PROHIBITED USES 

You may use Service only for lawful purposes and in accordance with the Terms. You agree not to use Service:

(a) In any way that violates any applicable national or international law or regulation.

(b) To transmit, or procure the sending of, any advertising or promotional material, including 

any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

(c) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

(d) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

(e) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

 

Additionally, you agree not to: 

(a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.

(b) Use any robot, spider, or other automatic devices, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

(c) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

(d) Use any device, software, or routine that interferes with the proper working of Service.

(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

(h) Take any action that may damage or falsify Company rating.

(i) Otherwise, attempt to interfere with the proper working of the Service.

 

5. INTELLECTUAL PROPERTY 

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of iview and its licensors. Service is protected by copyright, trademark, and other laws of foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of iview.

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You acknowledge and agree that iview retains sole ownership of all rights (including Intellectual Property Rights), title and interest in and to the platform. You will not acquire any right, title or interest in or to the platform. Save as expressly stated in this Agreement, iview reserves all rights in and to the platform.

 

6. CONFIDENTIALITY

Both the parties agree to hold the disclosing party’s proprietary information as confidential and to take all the necessary precautions to protect such proprietary information including, without limitation, all precautions the receiving party would reasonably take in respect of its own proprietary information. Proprietary information shall mean all technical and non-technical information, including but not limited to business plans, forecasts, product design, development, specifications, techniques, methodologies etc.

 

7. NO REVERSE ENGINEERING 

You agree that you will not, at any time during the term of this Agreement or thereafter, reverse engineer or otherwise attempt to discern the trade secret information of the Products, nor will you permit any third party to do any of the foregoing.

 

8. LINKS TO OTHER WEBSITES 

Our Service may contain links to third-party websites or services that are not owned or controlled by iview.

Iview has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

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You acknowledge and agree that iView shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.

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9. DISCLAIMER OF WARRANTY 

These services are provided by the company on an “as is” and “as available” basis. The company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content, or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.

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Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that the services or the server that makes them available are free of viruses or other harmful components; or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.

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The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

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10. LIMITATION OF LIABILITY 

Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action or arising out of or in connection with this agreement—including, without limitation, any claim for personal injury or property damage—arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if the company has been previously advised of the possibility of such damage.

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Except as prohibited by law, if there is liability found on the part of the company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.

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11. TERMINTATION 

The agreement can be terminated immediately in the event of a breach of the terms and conditions of this agreement by any party.

For the termination without cause, 30-day notice period shall be served by the party terminating the agreement.

Effect of Termination: In the event of termination of the contract, the customer shall be eligible for all the dues with respect to services provided and accepted by you prior to the date of termination.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity, confidentiality and limitations of liability.

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12. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of India without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

 

13. FORDE MAJURE

Neither party shall be liable to the other for any delay or failure to perform the obligations under this agreement as a result of natural disasters, government actions, pandemics, an act of God, or any other failure which arises from the cause this is beyond each party’s reasonable control.

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14. AMENDMENT

Any amendment to the terms & conditions of this agreement shall be in writing and signed by both the parties.

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15. WAIVER AND SEVERABILITY 

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

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If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

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15. ACKNOWLEDGEMENT 

By using the service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.​

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16. CONTACT US 

Please send your feedback, comments, requests for technical support: By email: hello@iview.ai.