Terms Conditions

Effective Date: 21-April-2025
Last Updated: 21-April-2025

1. INTRODUCTION AND ACCEPTANCE

These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between you and Nyburs, a company incorporated under the Companies Act, 2013, having its registered office at HD-101, WeWork Salarpuria Symbiosis, Arekere Village, Begur Hobli, Bannerghatta Road, Kothanur, Bangalore, Karnataka, India - 560077

These Terms govern your access to and use of the Nyburs mobile application ("Platform", "App", "Service") and all related services, features, content, and applications offered by the Company.

By downloading, accessing, or using Nyburs, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Platform.

2. ELIGIBILITY AND ACCOUNT CREATION

2.1 Age Requirements

Minimum Age: You must be at least 13 years old to create an account.

Minors (13-17 years): Must obtain verifiable parental or guardian consent before creating an account.

Adults (18+ years): May create accounts independently without additional consent requirements

2.2 Account Registration

To create an account, you must:

• Provide accurate, complete, and current registration information.
• Maintain and update your account information.
• Verify your mobile number through OTP verification.
• Comply with all applicable laws and regulations

2.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activities that occur under your account.
• Notifying us immediately of any unauthorized access or security breach, using strong passwords, and enabling available security features

2.4 One Account Per User

Each user may maintain only one active account. Creating multiple accounts without authorization is prohibited and may result in account suspension or termination.

2.5 Username Policy and Account Actions

You acknowledge and agree that:

• Usernames must not impersonate any individual, entity, brand, or organization
• Usernames must not be misleading, offensive, or violate any applicable laws
• Usernames must not infringe upon the intellectual property rights of third parties
• The Company reserves the exclusive right to determine what constitutes impersonation or inappropriate usernames

IMPORTANT: By creating an account, you expressly grant Nyburs the unrestricted right to:

• Delete your account immediately without prior notice for any violation of these Terms
• Modify, change, or reassign your username at our sole discretion
• Take any action deemed necessary regarding your account, including but not limited to suspension, termination, content removal, or restriction of access
• Transfer or reassign your username to other users or retain it for Company use
• Remove or modify any content associated with your account that violates these Terms

These actions may be taken for violations, including but not limited to impersonation, inappropriate usernames, Terms violations, safety concerns, or legal requirements. No compensation, refund, or notice period is required for such actions.

3. USER RESPONSIBILITIES AND CONDUCT

3.1 Accurate Information

You agree to:

• Provide truthful and accurate information during registration and throughout your use.
• Not impersonate any person or entity.
• Do not create fake, misleading, or fraudulent accounts.
• Update your information promptly when it changes

3.2 Lawful Use

You agree to use Nyburs only for lawful purposes and in compliance with:

• All applicable local, state, national, and international laws and regulations,
• These Terms and our Community Guidelines,
• Intellectual property rights of third parties

3.3 Account Responsibility

You acknowledge and agree that:

• You are solely responsible for all content posted using your account.
• You are liable for all activities conducted through your account.
• Unauthorized use of your account does not relieve you of responsibility unless promptly reported

4. PROHIBITED USES AND CONTENT

4.1 Prohibited Activities

You agree not to use Nyburs to:

a) Illegal or Harmful Activities:

• Engage in illegal activities or promote illegal conduct.
• Upload, post, or share illegal, obscene, or harmful content.
• Promote terrorism, violence, or extremist ideologies.
• Facilitate fraud, scams, or deceptive practices.
• Violate any applicable laws or regulations

b) Harmful Content and Behavior:

• Post hate speech, harassment, bullying, or discriminatory content.
• Share nudity, pornography, or sexually explicit material.
• Upload violent, graphic, or disturbing content.
• Spread misinformation, false news, or unverified information.
• Engage in cyberbullying or online harassment

c) Platform Integrity:

• Attempt to gain unauthorized access to the Platform or other users' accounts.
• Interfere with or disrupt the Platform's functionality.
• Use automated tools, bots, or scripts without authorization.
• Reverse engineer, decompile, or attempt to extract source code.
• Circumvent security measures or access restrictions

d) Intellectual Property Violations:

• Infringe upon copyrights, trademarks, or other intellectual property rights.
• Post content without proper authorization or licensing.
• Use the Platform's branding or content without permission

e) Commercial Misuse:

• Use the Platform for unauthorized commercial purposes.
• Sell, rent, or monetize access to your account.
• Engage in spam, unsolicited advertising, or promotional activities.
• Create marketplace-style transactions (explicitly prohibited)

4.2 Content Standards

All user-generated content must:

• Be original or properly licensed,
• Respect the privacy rights of others,
• Be appropriate for a diverse, community-oriented platform
• Comply with local cultural and legal standards

5. EVENTS AND COMMUNITY FEATURES

5.1 Event Creation and Participation

Nyburs enables users to:

• Create and organize local events,
• Discover and participate in community events,
• Connect with other users through shared interests and activities

5.2 Event Responsibilities

When creating events, you agree to:

• Provide accurate event information (date, time, location, description);
• ensure events comply with applicable laws and regulations, and not organize events that promote illegal activities.
• Respect venue policies and obtain necessary permissions.
• Update or cancel events when circumstances change

5.3 Participant Safety

Event participants acknowledge that:

• Participation is at their own risk.
• They should exercise personal judgment regarding event safety.
• The Company is not responsible for offline interactions or disputes.
• Local laws and regulations apply to all offline activities

5.4 Company Disclaimer for Events

IMPORTANT DISCLAIMER: Nyburs. is not responsible for:

• The organization, conduct, or safety of offline events;
• Interactions between users at events or meetups;
• Disputes, damages, or injuries arising from event participation;
• Verification of event organizer credentials or event authenticity;
• Compliance with local regulations for specific events

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Platform Ownership

Nyburs Brand: The Nyburs name, logo, design, and all associated trademarks are the exclusive property of Nyburs:

• All software, algorithms, data structures, and platform features are owned by the Company.
• Third-Party Content: Properly licensed third-party content remains the property of respective owners

6.2 User Content License

By posting content on Nyburs, you grant the Company:

• Limited License: A non-exclusive, royalty-free, worldwide license to use your content
• Platform Operations: The right to display, distribute, modify, and promote your content for platform operations
• Marketing Use: Permission to use your content in marketing materials (with anonymization where appropriate)
• Technical Processing: Rights necessary for technical operations, including format conversion and optimization

6.3 Content Ownership

• You retain ownership of original content you create.
• You are responsible for ensuring you have the rights to all content you post.
• You must not post content that infringes others' intellectual property rights

6.4 Trademark Policy

Unauthorized use of the Nyburs trademark or any confusingly similar marks is strictly prohibited. We actively protect our intellectual property rights and will take appropriate legal action against infringement.

7. PRIVACY AND DATA PROTECTION

7.1 Privacy Policy Incorporation

Our Privacy Policy, available separately, is incorporated into these Terms by reference. By accepting these Terms, you also accept our privacy practices as described in the Privacy Policy.

7.2 Data Processing Consent

By using Nyburs, you consent to:

• Collection and processing of personal data as described in our Privacy Policy,
• Data storage on AWS India and Azure India servers,
• Marketing communications (where separately consented)

7.3 Data Subject Rights

You have rights under the Digital Personal Data Protection Act, 2023, including:

• Right to access and correct your personal data,
• Right to data erasure (subject to legal retention requirements,)
• Right to grievance redressal through our designated officer

8. PLATFORM MODIFICATIONS AND AVAILABILITY

8.1 Service Changes

We reserve the right to:

• Modify, update, or discontinue Platform features;
• Change these Terms with appropriate notice;
• Implement new policies or guidelines;
• Update technical requirements or supported devices

8.2 Service Availability

While we strive for continuous service availability, the Platform may experience downtime for maintenance or updates. Service availability may vary based on technical or external factors. We do not guarantee uninterrupted access to all features. Emergency maintenance may occur without prior notice

8.3 Future Monetization

Currently, Nyburs is provided free of charge. We reserve the right to introduce:

• Subscription features or premium tiers,
• Advertising and sponsored content,
• In-app purchases or paid features,
• Revenue-sharing programs

Users will be notified of monetization changes with appropriate advance notice.

9. ACCOUNT SUSPENSION AND TERMINATION

9.1 Termination by User

You may terminate your account at any time by:

• Using in-app account deletion features,
• contacting customer support, or
• following account closure procedures provided in the app

9.2 Termination by Company

We may suspend or terminate accounts for:

a) Terms Violations:

• Breach of these Terms or Community Guidelines,
• Violation of applicable laws or regulations,
• Misuse of Platform features or resources

b) Safety and Security:

• Threat to Platform security or user safety,
• Suspected fraudulent or malicious activity,
• repeated policy violations despite warnings

c) Technical or Legal Requirements:

• Technical incompatibility or security vulnerabilities,
• Legal requirements or court orders,
• Business discontinuation or restructuring

9.3 Consequences of Termination

Upon account termination,

• Access to Platform features will be immediately revoked.
• User-generated content may be removed or anonymized.
• Data retention will follow our Privacy Policy guidelines.
• Outstanding obligations under these Terms will survive termination

9.4 Appeal Process

Users may appeal account suspension or termination by:

• Contacting our Grievance Officer,
• Providing relevant documentation or explanation,
• Following the grievance redressal process outlined in our policies

10. DISCLAIMERS AND LIMITATION OF LIABILITY

10.1 Platform Disclaimer

THE NYBURS PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, NYBURS. DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose,
• Warranties of non-infringement or title,
• Warranties regarding accuracy, reliability, or completeness of content,
• Warranties of uninterrupted or error-free service

10.2 User Interaction Disclaimer

We do not:

• Screen, verify, or endorse users or their content.
• Monitor all user communications or activities
• Guarantee the accuracy of user-provided information.
• Accept responsibility for user-to-user interactions or disputes

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NYBURS. SHALL NOT BE LIABLE FOR:

a) Indirect or Consequential Damages:

• Loss of profits, data, or business opportunities
• Emotional distress or reputational harm,
• Consequential, incidental, or punitive damages

b) Platform-Related Issues:

• Service interruptions or technical failures,
• Loss or corruption of user data,
• Security breaches beyond our reasonable control,
• Third-party actions or content

c) Monetary Limitations:

Our total liability shall not exceed ₹10,000 (Rupees Ten Thousand) or the amount paid by you for Platform services in the 12 months preceding the claim, whichever is lower

10.4 Essential Service Disclaimer

Some jurisdictions do not allow exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the fullest extent permitted by applicable law.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Nyburs., its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising from or relating to:

• Your use of the Platform or violation of these Terms
• Your content or conduct on the Platform
• Your violation of any third-party rights, including intellectual property rights
• Your violation of applicable laws or regulations
• Any events you organize or participate in through the Platform

12. DISPUTE RESOLUTION AND GOVERNING LAW

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

12.2 Jurisdiction

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Bangalore, Karnataka, India, and you hereby consent to the jurisdiction of such courts.

12.3 Dispute Resolution Process

a) Initial Resolution:

• Contact our Grievance Officer for complaint resolution.
• Allow 15 days for internal resolution attempts.
• Document all communications and resolution efforts

b) Mediation:

• If internal resolution fails, disputes may be referred to mediation.
• Mediation will be conducted in Bangalore, Karnataka.
• Both parties will share mediation costs equally

c) Arbitration:

• Complex commercial disputes may be subject to arbitration under the Arbitration and Conciliation Act, 2015.
• Arbitration will be conducted in English in Bangalore, Karnataka.
• The arbitrator's decision will be final and binding

12.4 Class Action Waiver

To the fullest extent permitted by law, you agree that disputes will be resolved individually, and you waive any right to participate in class-action lawsuits or class-wide arbitration.

13. MISCELLANEOUS PROVISIONS

13.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

13.2 Entire Agreement

These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and Nyburs. regarding the Platform.

13.3 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction

13.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

13.5 Force Majeure

Neither party will be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including natural disasters, government actions, or technical failures.

13.6 Survival

Provisions that by their nature should survive termination (including indemnification, limitation of liability, and dispute resolution) will survive termination of these Terms.

14. AMENDMENTS AND UPDATES

14.1 Amendment Process

We may modify these Terms at any time by:

• Posting updated Terms on the Platform,
• Providing notice through the app or email
• Requiring acceptance of updated Terms for continued use

14.2 Notice Period

• Minor changes: 7 days' advance notice.
• Material changes: 30 days advance notice.
• Legal requirement changes: Immediate implementation with prompt notification

14.3 Continued Use

Your continued use of Nyburs after Terms updates constitutes acceptance of the modified Terms.

15. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms, please contact:

Company: Nyburs,
Grievance Officer: Vishal Chaudhary, Director
Email: info@nyburs.com
Address: HD-101, WeWork Salarpuria Symbiosis, Arekere Village, Begur Hobli, Bannerghatta Road, Kothanur, Bangalore, Karnataka, India - 560077

By using Nyburs, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.