END USER AGREEMENT

PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This End User License Agreement (“EULA” or the “Agreement”) governs your use of our software product i.e. the NITARA Application, its associated upgrades, patches, and updates and related services (the “Application” or the “Product”) currently provided or which will be provided by GORMAL ONE LLP (“GORMALONE”) or any of its present or future parent(s), subsidiaries, or related entities or affiliates.

This EULA is hereby entered into and agreed upon by You, either as an individual or an entity and its affiliates (“You” or “the User”) and GORMALONE for the Software application NITARA APPLICATION. This EULA sets out the basis on which GORMALONE makes the products available to You and on which You may use them. NITARA’s Privacy Policy which can be found on ( gormalone.com/privacy-policy ) forms an integral part of this EULA. By accessing, downloading, installing or otherwise using the Product, you agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all times. These terms of use along with any additional terms and conditions, that are referenced herein or that are presented elsewhere on the Application in relation to a specific service or feature (collectively, “Terms of Use”) describe the terms and conditions that govern your use of the current and future Application and related services. Please take time to read the full Terms of Use. You accept and agree to be bound by these Terms of Use through (a) Your download, installation, or use of the NITARA Application; or (b) Your express agreement to this EULA. If You do not have authority to enter into this EULA or You do not agree to these Terms of Use, you should not access or use the Application.

License and Right to Use:

GORMALONE grants You a limited, non-exclusive, non-transferable, non-sublicensed, limited, revocable personal license to use the Application and the content and materials on the Application, for such time until either You or GORMALONE terminates this EULA.
This license extends to the use of documentation, data, or information developed by GORMALONE, and other materials which may assist in your use of the Application.
You must in no event use, nor allow others to use, the Application or this License for business or commercial purposes without obtaining a licence to do so from GORMALONE.
This license may not be transferred to any third parties without express, lawful, written permission from GORMALONE and this license terminates upon your cessation of use of the Application.
You must in no event copy, reproduce, transmit, distribute or create derivative works of such content or information without written express authorization from GORMALONE.
. By downloading, installing or using the application you hereby acknowledge and agree to use the application.
Most of the features will be available free of charge to the user however, certain premium features may be available on a subscription basis with relevant charges associated to the same.
This license shall be applicable to all lawful end users of the Application, unless a separate written agreement has been executed between you and GORMALONE.
THIS PRODUCT IS LICENSED TO YOU, NOT SOLD

Registration as User:

By registering you represent and warrant that all information that you provide at the time of registration is current, complete and accurate to the best of your knowledge.
You agree to maintain and promptly update your registration information on the Application so that it remains current complete and accurate.
During the registration process, you may be required to choose a password and/or username. You acknowledge and agree that GORMALONE may rely on this password or user name to identify you.
You shall be responsible for protecting the confidentiality of your username and password if any.
You are responsible for all use of Your Account, regardless of whether you authorised such access or use, and for ensuring that all use of Your Account complies fully with the provisions of these Terms of Use.

Third Party Programs:

To the extent the Application is bundled with third party software programs; these third party software programs are governed by their own license terms, which may include open source or free software licenses.
Nothing in this Agreement limits an end user’s rights under, or grants the end user rights that supersede, the terms of any such third-party software.

Access:

This software application accesses Location, Device, User, Contact, Transaction and Cache Data, this data will be used to provide better services and experience to the User.
GORMALONE may charge a subscription fee for providing the premium features of the NITARA Application service on a commercial basis and the same will be charged on a periodic basis which may be monthly, quarterly or yearly.
GORMALONE may share personally identifiable information in response to a law enforcement agency’s request, or where we believe it is necessary, or as otherwise required or permitted by law.

Ownership and Intellectual Property Rights:

All title, ownership rights and intellectual property rights in and to the Software Application, GORMALONE website and all services provided by GORMALONE (including, without limitation, all Copyrights, trademarks, trade secrets, patents, text, graphics, music or sounds, all messages or items of information, themes, objects, diagrams, concepts, videos, audio-visual effects, domain names and any other elements which are part of the Application, individually or in combination) and other intellectual property, any and all copies thereof are owned by GORMALONE (“Company IP”).
You agree that GORMALONE owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose.
You agree not to reproduce, duplicate, copy, sell, resell or exploit the Company IP for any commercial purpose, any portion of the Application, use the Application, or access to the Application. In the event of any permitted copying, redistribution or publication of patented or copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
You acknowledge that you do not acquire any ownership rights by downloading the Application.

Reverse engineering and security:

You agree not to undertake any of the following actions:

Reverse engineer, or attempt to reverse engineer or disassemble the Application software or any code within or related to the Application or Company website;
Violate the security of the Application software through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network;
Copy or otherwise distribute copies of the Application software unlawfully, such as through peer-to-peer network or other intellectual property circumvention tool.

Spam Policy:

You are strictly prohibited from using the Application or any of the Company’s services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

Consent to Monitor:

When You are using the Application, the Application may monitor Your hardware random access memory (RAM) for unauthorized third-party programs prohibited by that interact with the Product.
In the event that the Application detects such an unauthorized third party program, information may be communicated back to GORMALONE, including the name of your account, your Internet Protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You.
If the Application detects the use of an unauthorized third-party program, this License and Your access to the Product may be terminated with or without additional notice to You.
However, please note that GORMALONE is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product, including in application chats. Such communications are the sole responsibility of the user in question.

Guidelines on User conduct:

You agree to abide by the following rules of conduct.

You agree not to upload, post or otherwise transmit any User Content that:
1. you know to be false, misleading or inaccurate.
2. violates any law or advocates or provoke any dangerous, illegal or predatory acts.
3. advocates violent behaviour.
4. is protected by Patent, copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such patent, copyright, trademark, trade secret, the right of publicity or other proprietary rights.
You shall be solely liable for any damage resulting from any infringement of Patents, copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission.

Any person determined by GORMALONE, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Application.
contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, "junk mail," "spam," "chain letters," or any other form of solicitation.
You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
You agree not to use the Application for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Application in any way that could damage GORMALONE Application, website, services, or general business of the company.

You further agree not to use the application to:

To harass, abuse, or threaten others or otherwise violate any person’s legal rights,
create, use, share and/or publish by any means in relation to the Application any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Application, or its accessibility to other users, or the functioning of the partner networks of the Application.
To perpetrate any fraud,
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme,
transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Application, and/or organise, participate in or be involved in any way in an attack on GORMALONE’s servers and/or the Product and/or those of its service providers and partners;
create, supply or use alternative methods of using the Application, for example server emulators;
spam chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
transmitting or communicating any material or content which, in the sole and exclusive discretion of GORMALONE, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
harassing or threatening any other users in the Application;
make inappropriate use of the help service or the claim buttons or send untruthful reports to members of GORMALONE’s personnel;
falsely claim to be an employee or representative of GORMALONE or its partners and/or agents;
falsely claim an endorsement in connection with the Product or with GORMALONE.

You agree not to interfere with or disrupt the Application or the servers or networks connected to the Application, or disobey any requirements, procedures, policies or regulations of networks connected to the Application.
Any conduct that in GORMALONE's sole discretion restricts or inhibits anyone else from using or enjoying the Application will not be permitted. GORMALONE reserves the right in its sole discretion to remove or edit User and to terminate Your Account for any reason.

Disclaimer of Warranty:

You expressly agree that use of the application is at your sole risk.
Neither GORMALONE, its present or future parent(s), subsidiaries, or related entities, nor any of their respective employees, agents, third party service providers or licensors warrant that the application will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the application, or as to the accuracy, reliability of any information, service, or merchandise provided through the application.
The application, including, without limitation, any downloadable software, is provided on an "as is" basis without warranties of any kind, either express or implied.

Limitation of Liability:

To the fullest extent permissible by applicable law, in no event shall GORMALONE, be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the application or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the application, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the application.
You agree that this limitation of liability applies whether such allegations are for breach of contract, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if GORMALONE has been advised of the possibility of such loss or damage.
Without limiting the generality of the foregoing, you also specifically acknowledge that GORMALONE is not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the application or any other third parties.
if applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
GORMALONE disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information.
By accessing the Application, you acknowledge and agree to GORMALONE's disclaimer of any such liability. If you do not agree, you should not access or use the Application.

Indemnification:

You agree to defend, indemnify and hold harmless GORMALONE, its affiliates and their respective directors, officers, employees and agents from and against all legal claims and expenses, including attorneys' fees, which may arise from your use or misuse of the Application, your breach of this Agreement, or your conduct or actions.
GORMALONE reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide GORMALONE with such cooperation as is reasonably requested by GORMALONE.

Assignment:

This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased, or otherwise transferred by GORMALONE, the rights and liabilities of GORMALONE will bind and inure to any assignees, administrators, successors and executors.

Termination:

GORMALONE shall have the right to immediately terminate Your Account in the event of any conduct by You which GORMALONE, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use.

No Agency, Partnership or Joint Venture:

No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No party has any authority to bind the other to third parties.

Governing Law:

Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Application, and/or the provision of services, and/or technology on or through the Application shall be governed by and construed exclusively in accordance with the laws of India.
In relation to any legal action or proceedings arising out of or in connection with this Agreement, each of the parties hereby irrevocably submits to the exclusive territorial jurisdiction of courts at Mumbai, India.

Changes to Terms of Use:

GORMALONE may modify the Terms of Use, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting.
Your use of the Application after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

Additional Terms

Additional terms may be applicable to the party’s relationship with each other, such as Company terms and conditions, terms of use, Privacy Policy, and such other written agreements governing your relationship with us. Nothing contained herein is intended to restrict the terms of any other written agreement. Instead, all relevant documents shall be construed as broadly as possible.

Miscellaneous:

These Terms of Use and any operating rules for the Application established by GORMALONE constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.
The provisions of these Terms of Use are for the benefit of GORMALONE, its subsidiaries, other affiliates and its third-party service providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties.
GORMALONE may terminate or suspend these Terms of Use at any time without notice to you.
Neither GORMALONE nor You shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, Pandemic, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers, acts of nature and natural disasters, and any other acts which may be due to unforeseen circumstances.

Electronic Communications permitted

Electronic communications are permitted to both parties under this Agreement. For any questions or concerns, please email us at grievance@gormalone.com .

Translation

This document offers translation of the content in your preferred language. The primary language of this agreement continues to be English.