Terms and Conditions

1. Acceptance of Terms

1.1 Binding Agreement

BY ACCESSING, DOWNLOADING, INSTALLING, OR USING THE SERVICES PROVIDED BY NEPHOPHILE STUDIO (HEREINAFTER REFERRED TO AS “THE COMPANY,” “WE,” “US,” OR “OUR”), YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (THE “AGREEMENT”). IF YOU DO NOT AGREE TO ALL OF THE TERMS CONTAINED HEREIN, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

1.2 Modification Rights

The Company reserves the unilateral right to modify, amend, or update these Terms and Conditions at any time, at its sole discretion. Such modifications shall become effective immediately upon posting the updated version on our Platform. Your continued use of the Services following the posting of any modifications constitutes your acceptance of such changes. It is your responsibility to review these Terms and Conditions periodically to remain informed of any updates.

2. Service Description

2.1 Platform Services

Nephophile Studio provides a comprehensive suite of digital services, including but not limited to cloud storage solutions, premium software applications, collaborative tools, and advertising platforms (collectively referred to as the “Services”). These Services are designed to facilitate professional productivity, creative development, and business operations.

2.2 Service Availability

The Company shall use commercially reasonable efforts to maintain the availability and accessibility of the Services. However, we do not guarantee uninterrupted access to the Services, and we reserve the right to suspend, terminate, or modify the Services at any time without prior notice for maintenance, updates, or other business and technical reasons.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of the Services, you must create an account with accurate, complete, and current information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.2 Account Eligibility

By creating an account, you represent and warrant that:

a) You are at least 18 years of age or have the legal capacity to enter into binding contracts under applicable law; b) You have the authority to enter into this Agreement personally or on behalf of the entity you represent; c) Your use of the Services will not violate any applicable laws or regulations.

4. Subscription Terms

4.1 Premium Services

Access to premium features and functionalities requires a paid subscription. Subscription fees, terms, and features are specified on our Platform and may be modified at our discretion. All fees are non-refundable except as expressly provided in these Terms or required by applicable law.

4.2 Payment Terms

You agree to pay all applicable fees and charges associated with your account. By providing payment information, you authorize us to charge such fees using your selected payment method. If automatic billing fails, we reserve the right to suspend or terminate your access to premium features until payment is received.

5. Intellectual Property Rights

5.1 Ownership

All intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content, features, and functionality, are owned by or licensed to the Company. This Agreement does not transfer any ownership rights or grant any licenses except as expressly stated herein.

5.2 Limited License

Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for their intended purposes. You may not:

a) Copy, modify, or create derivative works of the Services; b) Reverse engineer, decompile, or attempt to extract the source code; c) Remove any copyright or proprietary notices; d) Use the Services in any manner that could damage or overburden our systems.

6. User Content and Conduct

6.1 User Content License

By submitting, posting, or displaying content through the Services (“User Content”), you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such User Content for the purpose of providing and improving the Services.

6.2 Content Restrictions

You agree not to upload, transmit, or share any User Content that:

a) Infringes upon intellectual property rights of any third party; b) Contains malicious code, viruses, or harmful components; c) Violates any applicable laws or regulations; d) Is defamatory, obscene, or otherwise objectionable; e) Constitutes unsolicited commercial communications or spam.

7. Advertising Services

7.1 Advertising Content

Advertisers are solely responsible for their advertising content and must ensure compliance with all applicable laws, regulations, and industry standards. The Company reserves the right to reject or remove any advertising content at its sole discretion.

7.2 Campaign Performance

While we strive to deliver effective advertising services, we make no guarantees regarding the performance or success of any advertising campaign. Advertisers acknowledge that campaign results may vary based on numerous factors beyond our control.

8. Limitation of Liability

8.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Limitation of Damages

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or relating to:

a) Your violation of these Terms and Conditions; b) Your User Content; c) Your use or misuse of the Services; d) Your violation of any third-party rights or applicable laws.

10. Term and Termination

10.1 Duration

This Agreement shall remain in effect until terminated by either party in accordance with these Terms and Conditions.

10.2 Termination Rights

The Company reserves the right to suspend or terminate your access to the Services at any time, with or without cause, and without prior notice or liability. Upon termination:

a) Your right to access and use the Services will immediately cease; b) Any outstanding fees will become immediately due and payable; c) Sections pertaining to intellectual property rights, limitation of liability, and indemnification shall survive.

11. Governing Law and Jurisdiction

11.1 Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

11.2 Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in India. You hereby consent to the personal jurisdiction of such courts.

12. Miscellaneous

12.1 Severability

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

12.2 Waiver

The failure of the Company to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

12.3 Assignment

You may not assign or transfer your rights or obligations under this Agreement without the Company’s prior written consent. The Company may assign its rights and obligations at any time without notice.

12.4 Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and the Company regarding the Services.

13. Contact Information

For any questions or concerns regarding these Terms and Conditions, please contact us at:

Legal Department
Nephophile Studio
Email: [email protected]
Address: India

Last Updated: March 20, 2024
Version: 0.0.1