1. "Customer" shall mean an entity, organization or any individual person who has availed the Subscription of the Product.
2. "Offerings" shall mean the Subscription offered weekly, monthly, quarterly, annually or for an individual or business entity.
3. "Platform" shall jointly mean the Website and the Product.
4. "Subscription" shall mean the internet accessible service offered by the Company under which the Product hosted by the Company on Website is made available to the Customer and User.
5. "User" shall mean in the case of Subscription by individuals, organizations, entities, any employees, officers and directors of Customer who are authorized by the Customer to access the Product in accordance with the terms of this Agreement.

1. By accessing or using the Website, You represent and warrant that You are of the age of majority in the jurisdiction in which You reside and have the required authority to be bound by these Terms. As a minor, if You wish to access the Website, such use or access shall be made available to You by your parents or legal guardian who shall agree to these Terms. In the event, a minor accesses or uses the Website at any time, it is assumed that such a minor has obtained the consent of the legal guardian or parents. The Company reserves the right to terminate your access to the Website if the Company in its sole discretion believes that any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria.
2. Accessing, browsing, subscribing or any other action You undertake with respect to the Website does not deem to make You a member, shareholder or affiliate of the Company for any purposes whatsoever, nor shall You have any of the rights of statutory members of the Company.

You need to register an account to access the Product. Users accessing the Product will need to provide their consent by filing a form. After providing the consent, the User's will receive a One Time Password ("OTP") on the registered phone number which has been used for the purpose of registration of the account. The Customer shall have administrative rights to manage the User accounts, at its discretion and updating the same from time to time. You shall be responsible for maintaining the confidentiality of your own account and password.

Subject to terms and conditions, we hereby grant You a non-exclusive, non-assignable, non-transferable and limited right and license to use this Website subject to the Terms. You agree not to reverse engineer, reproduce, publish, re-publish, dissemble, disseminate, modify, copy, distribute, transmit, display, perform, license, create derivative works from, transfer, or sell any material, feature, information of the Product or the Website and further agree not to use this Website as part of another application or website or otherwise use the Product or Website for any commercial use whatsoever. You agree not to upload any virus, access or modify partially or otherwise any source code.

The Platform and all rights, including but not limited to intellectual property rights subsisting under or in relation to the Platform, are owned exclusively by the Company. This includes any enhancements, updates, or modifications to the Platform. All materials on the Platform, including but not limited to images, designs, layouts, content, photographs, software, text, icons, and any other creative works developed by the Company (collectively, the "Company Content"), are protected under applicable copyright laws. The Company retains all rights, title, and interest in and to the Company Content. You are expressly prohibited from using the Company Content in any manner not expressly authorized by the Company. Any reproduction, distribution, modification, public display, or other use of the Company Content without the Company's prior written consent is strictly prohibited. The Platform may display proprietary logos, service marks, and trademarks, whether owned by the Company or used under license from third parties. The display of these logos, service marks, and trademarks does not grant You any license or right to use them.

Any unauthorized use of these proprietary logos, service marks, or trademarks is strictly prohibited and may constitute a violation of applicable laws. The Company's logo is a registered trademark of the Company and is protected by trademark laws. Additionally, trademarks such as "Nihilent Ltd." and "Emoscape," as referenced on the Platform, are trademarks of the Company. Unauthorized use of these trademarks is prohibited and will be prosecuted to the fullest extent of the law. Any unauthorized use, reproduction, or distribution of the Company Content may result in infringement of the Company's intellectual property rights and could lead to legal action, including but not limited to claims for damages and injunctive relief. The Company reserves the right to take any and all legal measures to protect its intellectual property rights. If You become aware of any unauthorized use of the Company Content, You are obligated to immediately notify the Company. The Company will take appropriate action to address any such unauthorized use, including issuing takedown notices and pursuing legal remedies. The Company reserves the right to terminate Your access to the Platform and the Company Content without notice if You violate these intellectual property rights provisions. Such termination will not limit the Company's rights to pursue any other remedies available under applicable law.

The Website may provide information or material owned and controlled by third parties ("Third Party Content"). For accessing such Third-Party Content, You may leave this Website and be directed to an external website that is not maintained by the Company. Any access or use of such third-party content by You shall be at your own risk and responsibility. These linked sites which provide Third Party Content are not under the control of the Company and the Company is not responsible for any link contained in these linked sites. Company makes no warranty or representation and does not endorse any such Third-Party Content.

1. Solicitation: You shall not use the Website, or any information provided through the Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
2. Disruption: You shall not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other User's use and enjoyment of the Website.
3. Impersonation or unauthorized access: You will not impersonate another person or entity or misrepresent your affiliation with a person or entity when using the Website. You will not use or attempt to use any other person or entity's information, personal or otherwise; and You will not attempt to gain unauthorized access to the Website or any other User account, through hacking, password mining or any other means.
4. Developing competing offerings: You will not use the Website to develop any competing Product, applications or Website which are similar or substantially similar to the Website. You understand and acknowledge that if You indulge in any of the prohibited conduct stated above, and it is brought to the notice of the Company, the Company may terminate your right to use the Website and take any other corrective action as it deems fit.

1. Except as provided in the clause 8.2 each party shall keep confidential and shall not disclose to any third party (other than its advisors who are under a duty of confidence) these Terms, the circumstances giving rise to their termination and the Terms.
2. The prohibition in clause 8.1 shall not apply to the extent that disclosure is required by law, by any governmental or other regulatory authority, or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, the disclosing party gives the other party as much notice of this disclosure as possible.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK AND THAT THIS WEBSITE AND THE PRODUCT EXHIBITED ON THIS WEBSITE ARE "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE, AND YOUR USE THEREOF. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THIS WEBSITE AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE. COMPANY SHALL NOT BE RESPONSIBLE FOR SERVICE DISRUPTION CAUSED DUE TO LOSS OF INTERNET CONNECTION. YOU UNDERSTAND AND ACKNOWLEDGE THAT THIS WEBSITE MAY BE PRONE TO UNINTENTIONAL INACCURACIES IN CONTENT. E.G. TYPOGRAPHICAL ERRORS, IMPROPER LINKAGES ETC.

Company may at any time, terminate these Terms, if: (a) You breach any conditions of these Terms or; (b) Company is required to do so under law (where the Product provided by the Company becomes unlawful); (c) Company chooses to discontinue to provide the Product detailed on the Website.

1. All the fees for the Subscriptions and any other fees or charges paid in relation to the access or use of the Product are final. The Company adheres to a strict no-refund policy. By agreeing to these Terms, You acknowledge and agree that all fees paid to the Company are non-refundable and non-cancelable, under any circumstances, unless otherwise required by applicable law.
2. Subscription Fees: All payments made towards the Subscription of the Product, whether on a weekly, monthly, quarterly, or annual basis, are non-refundable. This includes any initial fees, recurring fees, or renewal fees.
3. One-Time Charges: Any one-time charges or fees associated with additional services, features, or customization of the Product are non-refundable.
4. Early Termination: If You choose to terminate Your Subscription before the end of the Subscription period, You will not be entitled to a refund for any portion of the fees paid for the remaining period.

You agree to indemnify, hold harmless and defend the Company against any expense, judgment, damages or other loss arising out of or in relation to your use of this Website in any manner or costs or damages arising out of or in connection with any claim relating to (i) any breach of or violation of applicable laws and regulations or the Terms.

In no event, shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or monetary losses, arising out of or in any way connected with the use of the Website or for interrupted communications, delay, lost data or monetary losses arising out of or in connection with these Terms.

Data privacy is important to our Company. Our Company has a detailed Privacy Policy that is available on this Website Privacy Statement | Nihilent. Company's Privacy Policy describes how we collect, use and disclose personal information that we may obtain through this Website or as a part of our internal processes.

Without limiting the foregoing, under no circumstances shall the Company be held liable for any damage or loss due to deficiency in this Website resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, change in laws and regulations, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots or any other similar events.

These Terms and all rights and obligations under these Terms shall in all respects be governed by and construed and enforced in accordance with the laws of India and the courts of Pune shall have an exclusive jurisdiction to adjudicate any subject matter under these Terms.

Provisions including disclaimer of warranties, limitation of liability, indemnity, ownership of intellectual property, shall survive any termination or expiry of these Terms.

References to any gender include all genders and the neuter. Each part of these Terms is independent. The Company may assign these Terms to its affiliates or third parties at any time without notice to You. The Company’s failure to exercise any right or remedy under these Terms is not a waiver of those rights. These Terms, along with the Privacy Policy, constitute the entire agreement between You and the Company, superseding any prior agreements. If any provision of these Terms is deemed illegal, invalid, or unenforceable, the remaining provisions will remain in effect and will be amended to ensure enforceability.

If you have any questions or concerns or grievances regarding these Terms, you can email us at our grievance email-address contact@emoscape.ai.