Terms & Conditions
Terms & Conditions
These Terms & Condition (“Terms”) constitute an agreement between Neubrain Solutions Pvt. Ltd. or its affiliates “Neta Banner” and our customers who use our services through the access of our websites, mobile applications, products and contents (“Customer”). When used in these Terms, “you” or “your” refers to the Customer who use our services, and “we,” “our” or “us” refers to the Company.
- Purpose
These Terms aim to define all necessary conditions of a legally binding contract, including the rights, duties and obligations between the Company and our Customer who use our services through the access of our websites, mobile applications, products and contents.
- Definitions
(1) “Service” collectively refers to all the services provided by the Company through the access of our websites, mobile applications, products and contents.
(2) “Asset/ Content” refers to any video, image, audio, animation, filter, template, effect, project and other features provided within the Service.
(3) “Paid Asset/ Paid Content” also known as “Premium asset/ Premium Content” refers to any video or photo template or any other feature provided with a cost or on when purchased.
(4) “Customer/ User” refers to any customer/ user who use our Service.
(5) “Member” refers to any Customer/ user who has created an account through the registration procedure prescribed by the Company.
(6) “Password” refers to the combination of letters and/or numbers created by the Customer for identity verification and protection of your rights and interests.
- Terms and Agreement
(1) You shall use the Service in accordance to the provisions prescribed in these Terms.
(2) If you do not agree to these Terms, you should not use our Service.
(3) These Terms shall be displayed on the initial page of our Service for your easy access.
(4) For matters not prescribed in or interpretable through these Terms are governed by the compliant and existing Indian laws for eg, the IT Act, 2000 etc.
- Modification of Terms
(1) We may amend these Terms to the extent that does not violate the applicable laws and regulations, such as the information technology Act, 2000 etc.
(2) If these Terms are to be amended, we will give you a notice prior to the amendment’s effective date by publishing the current Terms on the initial page of the Service, with the reasons and the application date of the changes specified.
- Intellectual Property Right
(1) We only grant you the rights to use the Service and you shall not commit any acts of disposal of the foregoing rights, including their transference, sales and pledging.
(2) Otherwise permitted by provisions within these Terms, you shall not use the information obtained through using our Service and of which we hold the intellectual property rights over by duplicating, transmitting, publishing, distributing, broadcasting or via any other means nor allow a third party to use it without our prior authorization.
(3) You should not remove the copyright, trademark, watermark and any other such signs included in the Service without purchasing it, or with the intention of reselling it.
- Service Provision and Modification
(1) We provide you a non-exclusive, non-transferrable and non-sublicensable license to use the Service.
(2) You can freely purchase and utilize the service we provide but should refrain from transferring or sub-licensing the content to others. The service we provide is specifically for the user who purchases it and not for reselling.
(3) The details of our Premium Service provided for a fee are as follows:
- The use of Service marked as “premium feature”;
- The removal of watermark from the Customer Work;
- The removal of advertisements in the Service; and
- The right to download Assets marked “premium” in the application.
(4) In principle, we provide the Service 24 hours a day, throughout the year.
(5) We may temporarily suspend the Service in the event of maintenance, inspection, replacement and malfunction of our facilities, communication interruption or any other significant operational reasons.
(6) We may conduct regular inspections necessary for provision of the Service, and the time of the regular inspection will be as notified in the Service.
(7) We may change the Service in whole or in part if there is a reasonable operational or technical cause and in such case our website and application will specify it on the initial page. Hence, user/ customer is advised to check the Terms of Service regularly.
(8) We may change, suspend, or modify all or part of the Free Service (if any) when required due to causes arising from our policies and operation, and otherwise specified in the applicable laws, we do not provide any particular compensation to you in that regard.
- Restriction on Service Use
You shall not do any of the following acts when using the Service:
- Using the Service without agreeing to these Terms or having the legal capability to agree;
- Removing the watermark from the content/assets without purchasing it or preventing the watermark from being visually exposed;
- Commercial usage and reselling of the templates that we have created without authorization.
- Transferring, sharing, sublicensing or reselling all or part of the Service to any third party;
- Integrating all or part of the Service into other programs or products; and
- Using our content for making explicit sexual expressions; discrimination of race, nationality, creed, sex, etc.; expressions that induce or encourage suicidal behavior and substance abuse; and other antisocial content that may offend others.
- Purchase and Payment
When you purchase our Service provided for a fee, such as the Premium Service and the Paid Templates, through a payment processing company (Razorpay etc.), the responsibility of disbursement is a matter governed by a separate contract between you and the payment processing company. We are not a member of the contracting parties and therefore cannot be held liable over issues arising from the contract. If you have any complaints or problems in relation to the payment processing company, you should contact the customer support team of the agency or company without delay.
- Provision of Information and Advertisement
(1) We will provide you various information that is necessary in using the Service through announcement, in-app message, push notification within the Service, etc. However, you may refuse to receive the push notification at any time, except for the transaction-related information prescribed in the applicable laws and our response to the customer inquiry.
(2) We reserve the right to place advertisements on the Service screen, website, etc. We are not held liable for any loss or damage incurred due to your participation in the promotional activities of or transactions with the advertisers.
(3) We may include or recommend links to a third-party website, service or product as part of our Service. We are not held liable for any direct or indirect damage or loss incurred or is assumed to have incurred in relation to the aforementioned website, etc.
- Termination and Withdrawal
(1) When you no longer wish to use our Service, you may terminate the Service at any time.
(2) You may request withdrawal of membership (if any) at any time by sending an email to the address below.
vijay@neubrain.in
- Denial of Service Provision
(1) We may terminate your use of our Service through notifying you of the reasons through methods of emails, telephone, etc., in the following cases:
- If you admit that you are using the Service in a manner that violates these Terms;
- If you interfere with our normal operation of the Service; and
(2) Notwithstanding the preceding paragraph, if you commit violations of applicable laws, such as illegal use of other’s identity or payment methods in violation of the Resident Registration Act; provision of illegal programs and interference of Service operation in violation of the Copyright Act and the Computer Programs Protection Act; and illegal communications, hacking, distribution of malicious programs and excessive access going beyond granted rights in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., we may immediately request permanent suspension of use and compensation of damages incurred.
(3) Upon termination of the Service, we will withdraw all rights granted in your use of our Service and will not be held liable for any damage that incurs in this process, except to the extent that has arisen from our intention or negligence.
- Limitation of Liability and Compensation for Damage
(1) We do not make any agreement or guarantee for any matters not specified in these Terms concerning the Service and the Asset.
(2) We will be exempted from the liability to provide the Service in cases when we are unable to provide the Service due to force majeure, such as natural disasters, and unpredictable or inevitable bugs or errors.
(3) We are not responsible for any failures in your use of our Service due to reasons attributable to you.
(4) We are not held liable for any problems and damages arising from the use of the Service outside the scope specified in these Terms, of which the Customer will hold full responsibility over.
(5) If you inflict damage to us or any third party by violating the provisions prescribed in these Terms or due to any reasons attributable to you, you will be held liable for such damages and you will have to compensate for such damage.
- Personal Information Protection
We respect your privacy and handle any and all of your personal information as sensitive data and will keep it secure even after you choose to terminate use of our services. For more detailed understanding we would advise you to go through our privacy policy as well. (Privacy policy is in the same page as this terms & conditions).
- Governing Law and Jurisdiction
Lawsuits filed between the Customer/ user and the Company will be governed by the laws of India and the courts that have jurisdiction over the said suits will be Mumbai/ Maharashtra.
- Effective Date: October 12, 2021