Welcome to Nityasha. Please read these Terms of Use carefully before using the Nityasha mobile application. By downloading, installing, or using the App, you agree to be bound by these Terms.
If you have any questions or concerns, contact us at:
Email: support@nityasha.com
These Terms of Use (the "Terms") are a binding contract between you and THE NITYASHA COMPANY ("Nityasha," "we," "us," or "our"). Your use of the Nityasha mobile application (the "App") in any way means that you agree to all of these Terms. These Terms include the provisions in this document as well as those in our Privacy Policy.
We are constantly working to improve the App, so these Terms may need to change over time. We reserve the right to modify these Terms at any time. If we make material changes, we will notify you via the App, email, or another reasonable means before the changes take effect.
If you do not agree with the updated Terms, you must stop using the App. Continued use of the App after a change becomes effective means you accept the revised Terms.
We take the privacy of our users seriously. Our Privacy Policy explains how we collect, use, store, and share your personal data when you use the App. The Privacy Policy forms part of these Terms.
By using the App, you consent to the collection and use of your information as described in our Privacy Policy, in compliance with the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023 (DPDPA).
Children's Privacy: The App is not intended for children under the age of 18. We do not knowingly collect personal data from minors. If we become aware that a minor has provided us with personal data, we will delete it promptly. If you believe a minor has submitted their data, contact us immediately at support@nityasha.com.
To use the App, you may be required to create an account and provide accurate, complete, and up-to-date registration information. You agree to keep your account credentials confidential and are solely responsible for all activity that occurs under your account.
You represent and warrant that:
You may not use the App on behalf of another person or entity without proper authorization. You may not transfer your account to any other person without our prior written consent.
You agree not to use the App in any way that:
Violation of any of the above is grounds for immediate termination of your access to the App.
The App and all of its content — including text, graphics, logos, software, and other materials (collectively, "Content") — are protected under applicable Indian intellectual property laws, including the Copyright Act, 1957 and the Trade Marks Act, 1999.
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App solely for your own personal, non-commercial purposes in accordance with these Terms.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any Content without our prior written consent.
Any data, information, text, media, or other material that you submit, upload, or post through the App is your "User Content." You are solely responsible for your User Content and represent that you have all rights necessary to submit it.
By submitting User Content, you grant The Nityasha Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and display your User Content solely for the purpose of operating, improving, and providing the App.
You may opt out of the use of your User Content for model training or analytics by contacting us at support@nityasha.com or through your account settings.
You retain ownership of your User Content. We do not claim ownership over any content you submit.
You agree not to submit User Content that:
Paid Features: Certain features of the App may require payment ("Paid Features"). We will clearly communicate any fees before you are charged. All prices are listed in Indian Rupees (INR) and are inclusive of applicable taxes unless otherwise stated.
Payment Processing: Payments are processed through third-party payment gateways (e.g., Razorpay, Stripe). Your payment is subject to the terms and policies of the applicable payment processor. We are not responsible for errors or failures caused by payment processors.
Recurring Billing: If you subscribe to a recurring Paid Feature, you authorize us to charge your selected payment method at the start of each billing cycle. You may cancel auto-renewal at any time through your account settings. Cancellation will take effect at the end of the current billing period — you will not be charged for the next cycle, but no refund will be issued for the current period.
Refunds: Except as required by applicable law or as expressly stated in our Refund Policy, all payments are non-refundable. Refund requests may be submitted to support@nityasha.com.
Free Trials: Where offered, free trials are available for a limited period only. If you do not cancel before the trial ends, you will be charged the applicable subscription fee. We will notify you before your trial converts to a paid subscription.
Current Information Required: You must keep your billing information accurate and up to date. We are not responsible for failed payments resulting from outdated payment details.
Your right to terminate: You may delete your account at any time by going to your account settings or by contacting us at support@nityasha.com. Upon deletion, your access to the App will cease and your data will be handled in accordance with our Privacy Policy.
Our right to terminate: We reserve the right to suspend or terminate your account and access to the App at any time, with or without notice, if we determine (in our sole discretion) that you have violated these Terms, any applicable law, or have otherwise engaged in conduct that is harmful to other users or to Nityasha.
Effect of termination: Upon termination, all licenses granted to you under these Terms will immediately cease. We may delete your User Content and account data, subject to applicable data retention obligations. Any provisions of these Terms that by their nature should survive termination — including intellectual property rights, limitation of liability, and dispute resolution — will survive.
Governing Law: These Terms are governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Guna, India.
Informal Resolution: Before initiating any formal proceedings, you agree to contact us at support@nityasha.com and attempt to resolve the dispute informally. We will make reasonable efforts to resolve your concern within 30 days of receiving your notice.
Arbitration: If the dispute cannot be resolved informally, it shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator mutually appointed by both parties. The seat and venue of arbitration shall be Guna, India. The language of arbitration shall be English. The arbitral award shall be final and binding on both parties.
Class Action Waiver: All disputes shall be resolved on an individual basis only. You may not bring claims as a plaintiff or class member in any class, collective, or representative action.
Consumer Rights: Nothing in this arbitration clause limits your rights as a consumer under applicable Indian law, including rights under the Consumer Protection Act, 2019.
To the maximum extent permitted by applicable law, The Nityasha Company, its officers, employees, and affiliates shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the App, including but not limited to loss of data, loss of revenue, or loss of goodwill.
Our total aggregate liability to you for any claim arising under these Terms shall not exceed the amount you paid us in the 3 months preceding the claim, or INR 1,000, whichever is greater.
The App is provided on an "as-is" and "as-available" basis without warranties of any kind, either express or implied.
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Nityasha Company regarding the App.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations freely.
Contact: For any questions regarding these Terms, contact us at support@nityasha.com.