Terms Of Service

IMPORTANT NOTE:

National Security is of utmost importance to us hence any information that we collect from you is never transferred. This Document is for Indian residents only.{" "}

If you reside outside India, we request you not to use Naam’s Services.

If you reside in India, You are entering into the Terms of Service with Naam (Naam Intelligence Private Limited) and the terms of these Terms of Service apply to You.

Naam (Naam Intelligence Private Limited) (“Naam” or “we”) offers users (“Users” or “You”) global phone community services transacted through various software applications and services, including but not limited to the “Naam” application. These Terms of Service and the Naam Privacy Policy (the “Terms”) will govern Your use of Naam’s software applications, websites, web service API, tools, or other services and features provided by Naam from time to time (collectively “Services”). By accessing or using any of the Services, You agree to be bound by these Terms. Where other third-party services are made available as part of our Services, then the respective third-party terms of service and privacy policy shall apply to any such use by You. If You are registering with Naam as a business entity, You represent that You have the authority to legally bind that entity. For Naam SDK and Naam Priority Users, specific terms apply in accordance with the respective agreements for such services. For API Users, additional provisions apply in accordance with the API License Addendum (which is incorporated by reference into these Terms).

Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

1. PERSONAL INFORMATION

We are firmly committed to the security and protection of the personal information of our Users and our Services. The Naam Privacy Policy describes how we collect, use, and process personal information and You acknowledge and agree that Naam may collect, use, and process personal information as described therein.

2. GRANT OF RIGHTS

Except as otherwise agreed separately in writing between us or as set forth in the API License Addendum and subject to Your compliance with these Terms at all times, Naam grants You a personal, non-exclusive, non-transferable, and limited right to use the Services for Your own personal, non-commercial use. You are not allowed to use the Naam Services on any device that You do not own or control. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Naam software applications, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent expressly permitted by these Terms or may be permitted by the licensing terms governing the use of any open source components included in the Naam software applications).

You are not granted any right to use Naam’s name, trademarks, or other commercial symbols. All rights not expressly granted to You under these Terms shall be retained by Naam.

In case You wish to use any part of the Services as a part of Your own application or modify any part of the Services, such use is subject to Naam’s prior written approval and that You enter into a separate license agreement with Naam. Any API, commercial, or enterprise use of the Services shall be governed by the API License Addendum or such other separate agreement as may be required by Naam.

3. SUPPORT

Naam strives to provide adequate and efficient technical support, upgrades, and updates for the Services. Naam shall, however, not be under any obligation to provide support or maintenance for the Services under these Terms and reserves the right to limit or discontinue the support, upgrades, and updates provided from time to time.

4. USER OBLIGATIONS AND RESTRICTIONS

You guarantee that any information and other content, such as Your profile information and information regarding the contacts contained in Your device’s phone book, that You may share with Naam as a User of the Services (together “Content”), to the best of Your knowledge, is correct, not in violation of applicable law, will not corrupt or disrupt the Services, and that you have the right to share the Content with Naam in order for Naam to provide the Services and share the Content with other Users.

Except as otherwise agreed separately in writing between us, or as set forth in the API License Addendum, You shall not make any commercial use of the Services or the Content or otherwise transfer for value the Services or the Content. You agree not to challenge Naam's rights in, or otherwise attempt to assert any rights in, the Services or any Content provided by other Users, except those rights explicitly granted under these Terms. You agree to use the Services and Content only as expressly permitted under these Terms.

You agree not to use the Services, Content, or information to attempt to circumvent the regular operation of the Services or reduce the fees or consideration that we may derive from the Services by any means including by creating multiple accounts, redirecting traffic, following other fraudulent or deceptive practices, creating a parallel repository thereof, or seeking to by-pass the Services or compete with us.

Scraping of any information contained in the Services, by use of automated systems or software to extract data, including any Content and any third-party information accessible via the Services, is strictly prohibited.

You may not use the Services or the Content in any way, that is illegal, harmful, or may be considered offensive by Naam, other Users, or third parties. You agree not to exploit the Services or the Content in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity. You further agree not to use our Services or Content in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and You acknowledge and agree that Naam is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Services. Notwithstanding any other remedies available to Naam, You agree that Naam may suspend or terminate Your use of the Services without notice if You use the Services or the Content in any prohibited manner and that such use will be deemed a material breach of these Terms.

You may contact Naam at [email protected] to report any violation or infringement of Your rights by Users of the Services.

5. PROPRIETARY RIGHTS

The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Naam and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights, and patents. You are granted only a limited right to use the Services subject to these Terms and no intellectual property rights are or will be deemed to be transferred or licensed to You except as contemplated herein.

6. CONTENT

You are solely liable for any content that You post or communicate directly in or on the Services and You agree to only post or communicate content that:

  • is true and not false or misleading;
  • is not likely to be deemed threatening, disparaging, defamatory, pornographic, racially or ethnically offensive, discriminatory, insulting, slanderous or otherwise illegal or inappropriate;
  • belongs to You, or which You have a right to distribute;
  • does not constitute an infringement of the intellectual property or privacy rights of any third party;
  • does not constitute information that you are not legally entitled to distribute (such as insider information or confidential information);
  • does not contain any unsolicited or unauthorized advertising, promotional material, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; and
  • does not contain software viruses or any other technology that may harm the Services or the interests or property of our Services or the other Users of the Services.
  • is accurate, fair, and is not disparaging of us, the Services, or other Users. Further, You agree to be fair, accurate, and non-disparaging while reporting numbers and leaving comments, suggestions, feedback, testimonials, and reviews on or about the Services.
  • Naam appreciates the opportunity to be notified of any objectionable user-generated content posted or communicated by a User directly in or on the Services. Please contact us at [email protected] to report any objectionable user-generated content. Naam hereby reserves the right in its absolute discretion to remove any user-generated content from the Services.

7. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Naam MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SERVICES ARE PROVIDED “AS IS” AND YOU AGREE THAT THE SERVICES ARE USED AT YOUR OWN RISK.

You understand and acknowledge that the Services may be unavailable from time to time and that Naam will not be liable for Your inability to use the Services for whatever reason.

Naam makes no warranty or representation that the Services are available for use in any particular location. To the extent You choose to access and use the Services, You do so at Your own initiative and are responsible for compliance with any applicable laws in connection with such access and use of the Services.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT Naam SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, even if advised of the possibility of such damages. In particular, and without limitation, Naam shall have no liability for any information stored or processed within the Services, including the costs of recovering such information. Your only right or remedy with respect to any problems or dissatisfaction with the Services, is to uninstall the Naam applications and cease to use the Services.

Naam SHALL NOT BE LIABLE FOR THE VALIDITY, RELIABILITY, OR CORRECTNESS OF THE CONTENT AND INFORMATION PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES. ANY USE OF THE CONTENT AND INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK.

Nothing in these Terms shall limit or exclude our liability for any liability that mandatorily cannot be limited or excluded by law, including any rights You may have as a consumer under mandatory consumer law.

9. FEES AND PAYMENT

Naam offers certain features or services for FREE but till a limit.

You acknowledge that you are fully responsible for the Internet connection and/or mobile charges that you may incur for using our Services. Please consult your carrier, mobile operator, etc. for further information.

Naam integrates with a third-party payment gateway to process transactions and to complete the subscription process to our premium service.

Naam is not responsible for any payment failure due to any reason, payment rejection, or unavailability to purchase or access service via that third-party gateway.

Naam allows some content to be accessible only after a user subscribes to our service which is only accessible through our web portal.

In case of any hassle regarding the payment, you are instructed to connect directly with the gateway company.

If there are any missing payment options, then the third-party gateway is solely responsible for the same.

The user will be permitted to access premium content only after the subscription is verified.

Naam is not responsible for protecting your payment details submitted by you on the payment gateway.

If we terminate your subscription due to any suspicious reasons, we are not obligated to refund you your remaining amount of the subscription.

As the subscription is not based on a recurring payment, there is no need to cancel the subscription. It will end automatically once the subscription cycle is complete.

10. TERMINATION

Your right to use the Services continues until these Terms are terminated. Naam may terminate the Terms and Your use of the Services at any time with thirty (30) days advance notice. You may terminate the Terms at any time by uninstalling the Naam applications and ceasing the use of the Services. These Terms will automatically terminate if You fail to comply with them. Upon any termination, You agree to cease using the Services.{" "}

Provisions of sections Disclaimer of Warranties, Limitation of Liability, Termination, and Governing Law shall survive any termination of these Terms.

11. ASSIGNMENT

Naam reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.

12. Updates to the Software

Updates to the Software may be automatically downloaded from the Service and installed on your device from time to time. These updates may take the form of bug fixes, enhanced functions, new actions, and new versions of the Software. You acknowledge and agree to receive such updates from Naam and hereby permit Naam to deliver these updates to you and install them automatically on your device as part of your use of the Service.

13. ADDITIONAL TERMS AND CHANGES

Naam may change the Services at any time, such as by adding or removing features or discontinuing the Services. Naam also reserves the right to modify these Terms at any time by providing revised Terms to the User or by publishing the revised Terms within the Services. In case of material changes, the User shall always be notified thereof and provided the option to immediately terminate the Services. The revised Terms shall become effective upon such publishing or notification to the User. You will always find the latest version of these Terms at https://www.naam.ai/terms. Any continued use by You of the Services following publication or notification of revised Terms shall constitute Your acceptance of the revised Terms.

14. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of India. You agree that any legal action or proceedings may be brought exclusively in the competent courts/tribunals having jurisdiction in Rajasthan, India and both Naam and You irrevocably submit to the jurisdiction of such courts/tribunals.

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