Last updated: April 15, 2025
Terms of Use
Welcome to Nirvala Technologies Pvt. Ltd. (“Nirvala,” “Company,” “We,” “Us,” or “Our”). These Terms of Use (“Terms”) govern your access to and use of Nirvala’s software solutions for residential care facilities.
By using Nirvala, you agree to these Terms in full. If you do not agree, you must not use our services.
1.
Definitions
“Client” or “You” -
Any entity (residential care facility, or authorized representative) that subscribes to or uses Nirvala’s services.
“Services” -
Nirvala’s software, including all related features, updates, support, and integrations.
“Confidential Information” -
Any non-public data, records, or materials shared between Nirvala and the Client.
“User Data” -
Any information entered into Nirvala’s system, including resident information, care plans, staff details, and financial records.
2.
License & Acceptable Use
License Grant
Nirvala grants you a limited, non-exclusive, non-transferable, revocable license to use our Services solely for your internal business operations.
Prohibited Use
You must not:
Reverse-engineer, modify, copy, or distribute Nirvala’s software.
Share login credentials, sublicense, or resell our software without prior written approval.
Input any unlawful, misleading, or inaccurate information into Nirvala’s platform.
Engage in unauthorized data extraction (scraping), security breaches, or hacking.
Use Nirvala for purposes beyond its intended functionality.
Violation of these terms may result in immediate termination of services and legal action.
3.
Client Responsibilities
Compliance:
You must comply with all applicable laws, including India’s Digital Personal Data Protection Act (DPDP Act), Companies Act, and RBI guidelines.
User Data Accuracy:
You are fully responsible for all data entered into Nirvala. Nirvala is not responsible for inaccuracies in user-provided data.
Security:
You must maintain secure login credentials and promptly report any unauthorized access.
4.
Data Protection & Confidentiality
Data Ownership
You retain ownership of all User Data entered into Nirvala.
Nirvala may use anonymized, aggregated data for analytics and service improvements but will never sell or misuse client data.
Security Measures
Nirvala employs best-in-class security protocols (including encryption, firewalls, and access controls) to protect all data. However, Nirvala does not guarantee absolute security and is not liable for breaches caused by external attacks or client-side vulnerabilities.
Confidentiality
Both parties agree to maintain strict confidentiality regarding business operations, technical details, and user data.
Nirvala will not disclose Client data except when required by law.
The Client must not disclose proprietary information about Nirvala’s software, features, or internal processes.
5.
Fees, Billing & Payment Terms
Subscription Fees:
Fees for Nirvala’s services are billed as per the agreed contract or pricing plan.
Non-Payment:
Failure to pay within the due date may result in suspension or termination of access.
Taxes & Compliance:
The Client is responsible for all applicable GST, withholding taxes, or other government levies.
Nirvala reserves the right to adjust pricing with 30 days' notice.
6.
Intellectual Property Rights
Nirvala Retains Ownership:
All software, branding, algorithms, and documentation remain 100% the intellectual property of Nirvala.
No Client Rights Over Software:
Clients do not acquire ownership or IP rights over any aspect of Nirvala’s software, even after contract termination.
Feedback & Suggestions:
Any ideas or feature requests provided by Clients may be used by Nirvala without obligation or compensation.
7.
Service Levels & Availability
Uptime Commitment:
Nirvala aims for 99.5% uptime, except during scheduled maintenance.
No Guaranteed Performance:
Nirvala does not guarantee uninterrupted service and is not liable for downtime due to external factors (e.g., internet failures, cyberattacks, force majeure).
Support & Maintenance:
Technical support is available through support@nirvala.in or via in-app helpdesk during standard business hours.
8.
Limitation of Liability & Indemnification
Nirvala’s Limited Liability
To the maximum extent permitted by law:
Nirvala is not liable for any indirect, incidental, consequential, or punitive damages, including loss of revenue, data, or business opportunities.
Nirvala’s total liability for any claim is limited to the amount paid by the Client in the last 6 months
Indemnification by Client
The Client agrees to indemnify, defend, and hold harmless Nirvala from any claims, losses, or damages arising from:
Misuse of Services, including non-compliance with laws.
Unauthorized use of resident or staff data.
Security breaches caused by Client-side negligence.
9.
Termination & Suspension
Termination by Client
Clients may terminate their subscription with 30 days' prior notice, as per their service agreement.
Refunds are not provided for unused portions of prepaid subscriptions.
Termination by Nirvala
We reserve the right to immediately terminate or suspend services if:
The Client violates these Terms.
The Client fails to make payments.
Nirvala ceases operations or discontinues services.
Data Retention & Deletion
Upon termination, Client data is retained for 30 days before being permanently deleted.
Clients may request a data export before deletion, subject to processing fees.
10.
Compliance with Indian Laws
Clients must ensure all usage is compliant with Indian laws, including:
Digital Personal Data Protection (DPDP) Act, 2023
Information Technology Act, 2000 (for data protection)
Companies Act, 2013
FEMA & RBI regulations (for international payments)
Any legal disputes will be resolved under the jurisdiction of the courts of Bengaluru, India.
To exercise your rights, contact us at support@nirvala.in. Requests will be processed in accordance with applicable laws.
11.
Changes to These Terms
Nirvala may update these Terms periodically. Clients will be notified of material changes via email or in-app notifications. Continued use of services after updates constitutes acceptance of the new Terms.
12.
Contact Information
For any legal, technical, or billing inquiries, please contact:
Email:
support@nirvala.in
Office Address:
Nirvala Technologies Pvt Ltd., 232, Second Floor, Qutub, Plaza, Dlf City Phase-1, Dlf Qe, Gurgaon - 122002, Haryana, India.
Acknowledgment & Agreement
By using Nirvala, you confirm that you have read, understood, and agreed to these Terms of use.
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