NEBORY™ Terms of Service and Privacy Policy

Last updated: 1st January 2020

Nebory (“our”, “we” or “us”) provides posting/messaging and other services to users around the world. Please read our Terms of Service so you understand our terms with your use of Nebory. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).

NO ACCESS TO EMERGENCY SERVICES: Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.

These Terms of Use (“Terms”) govern your use of our Nebory mobile application (henceforth referred as, “Platform”) The terms “you” and “your” refer to the user of the Platform.

Our Services (as we have described below in detail) and these Terms are compliant with the Indian Penal Code, 1860, and Information Technology Act, 2000, including all amendments made to it and rules framed under it. When you create an account on our Platform or use our Platform or any of our Services, you accept and agree to these Terms. However, please note that we do not represent that we are compliant with laws of any country apart from the Republic of India. If you wish to use our Services, please ensure that you are permitted to do so, in your jurisdiction.

Registration: You must register for our Services using accurate data, provide your current mobile phone number.
Address Book: You provide us the phone numbers of Nebory users and your other contacts in your mobile phone address book as needed. You confirm you are authorized to provide us such numbers to allow us to provide our Services.

Age: You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

Devices and Software: You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

Fees and Taxes: You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.

Privacy policy and user data: Your privacy is our top priority. You and we are required to follow certain rules regarding how we use the data and process/transfer/share it while you use our Platform. We have listed these rules in these Terms. Please read these Terms and privacy policy mentioned here carefully. Do remember that by using our Platform, you agree to these Terms. Also, if you are using these services outside India, please comply with your local laws.

Acceptable use of our services:
Our Terms and Policies: You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use: You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that:
(a) violate, misappropriate, or infringe the rights of Nebory, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
(b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes;
(c) involve publishing falsehoods, misrepresentations, or misleading statements.
(d) impersonate someone;
(e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or
(f) involve any non-personal use of our Services unless otherwise authorized by us.

Harm to Nebory Users: You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means:
(a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services;
(b) send, store, or transmit viruses or other harmful computer code through or onto our Services;
(c) gain or attempt to gain unauthorized access to our Services or systems;
(d) interfere with or disrupt the integrity or performance of our Services;
(e) create accounts for our Services through unauthorized or automated means;
(f) collect the information of or about our users in any impermissible or unauthorized manner;
(g) sell, resell, rent, or charge for our Services; or
(h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

Keeping Your Account Secure: You are responsible for keeping your device and your Nebory account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

Third-party services: Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party's website that enables you to send information to your Nebory friends. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

Your License to Nebory: In order to operate and provide our Services, you grant Nebory a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 90 days as we try to deliver them, and otherwise as described in our Privacy Policy).

Nebory's License to You: We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Reporting third-party copyright, trademark, and other intellectual property infringement: To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit our Intellectual Property Policy. We may terminate your Nebory account if you repeatedly infringe the intellectual property rights of others.

Disclaimers: You use our services at your own risk and subject to the following disclaimers. We are providing our services on an "as is" basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the "Nebory parties") from any claim, complaint, cause of action, controversy, or dispute (together, "claim") and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. You waive any rights you may have under India civil code, or any other similar applicable statute or law of any other jurisdiction, which says that: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

Limitation of liability: The Nebory parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if the Nebory parties have been advised of the possibility of such damages.

Indemnification: You agree to defend, indemnify, and hold harmless the Nebory Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:
(a) your access to or use of our Services, including information provided in connection therewith;
(b) your breach or alleged breach of our Terms; or
(c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

Dispute resolution: Governing Law. The Indian laws govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between Nebory and you, without regard to conflict of law provisions.

Availability and termination of our services: Availability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Termination. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Nebory: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” ”Dispute Resolution,” “Availability and Termination of our Services,” “Other,” and “Special Arbitration Provision for United States or Canada Users.”

Other:
Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Nebory and our Services, and supersede any prior agreements.

We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.

Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

You will comply with all applicable Indian and non-Indian export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services:

(a) to any individual, entity, or country prohibited by Export Laws;
(b) anyone on Indian and non-Indian government restricted parties lists; or
(c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any Indian and non-Indian restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.

Our Terms are written in English (India). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.

Any amendment to or waiver of our Terms requires our express consent.

We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.

All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent. Nothing in our Terms will prevent us from complying with the law.

Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
If we fail to enforce any of our Terms, it will not be considered a waiver.

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions, except as set forth in the “Special Arbitration Provision for United States or Canada Users” — “Severability” section below.

We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.

We always appreciate your feedback or other suggestions about Nebory and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

Special arbitration provision for United States or Canada users

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES AND CANADA USERS. IF YOU ARE A NEBORY USER LOCATED IN THE UNITED STATES OR CANADA, IT REQUIRES YOU TO SUBMIT TO BINDING INDIVIDUAL ARBITRATION OF ALL DISPUTES, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU ARE WAIVING YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION. FINALLY, THIS SECTION WAIVES YOUR RIGHT TO HAVE YOUR DISPUTE HEARD AND RESOLVED AS A CLASS ACTION, CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.

“Excluded Dispute” means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.

Opt-Out Procedure. You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (i) the date that you first accepted our Terms; and (ii) the date you became subject to this arbitration provision. You must use this address to opt-out:

Brainizen Technologies Pvt. Ltd., Arbitration Opt-Out5, 3rd Floor, Archway, Central Avenue Road, Kalyaninagar, Pune, Maharashtra - 411006.

You must include:
(1) your name and residence address;
(2) the mobile phone number associated with your account; and
(3) a clear statement that you want to opt out of our Terms” agreement to arbitrate.

Small Claims Court. As an alternative to arbitration, if permitted by your local “small claims” court”s rules, you may bring your Dispute in your local “small claims” court, as long as the matter advances on an individual (non-class) basis.

Time Limit to Start Arbitration. We and you agree that for any Dispute (except for the Excluded Disputes) we and you must commence an arbitration proceeding within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.

No Class Actions, Class Arbitrations, or Representative Actions for Users Located in the United States or Canada. We and you each agree that if you are a Nebory user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.

CHANGES TO TERMS AND SERVICES: Our Platform is dynamic and may change rapidly. As such, we may change the services we provide at our discretion. We may temporarily, or permanently, stop providing Services or any features to you generally. We may remove or add functionalities to our Platform and Services without any notice. However, if we make a change where your consent is required, we will make sure to ask for it. Please be sure to keep visiting this page from time to time to stay updated on our latest changes and developments.

Licenses: Your Rights. Nebory does not claim ownership of the information that you submit for your Nebory account or through our Services. You must have the necessary rights to such information that you submit from your Nebory account or through our Services and the right to grant the rights and licenses in our Terms.

Nebory”â„¢s Rights: We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines.

WHO MAY USE OUR SERVICES: Our Platform helps you communicate and collaborate with your neighbors and enables you to share images and information. We understand your preferred content and personalize your newsfeed to show you posts, pictures and suggest content available on our Platform (“Service/Services”).
You may use our Services only if you are capable of forming a binding agreement with us and are legally permitted to use our Services. If you are accepting these Terms on behalf of a company or any legal persons, then you represent and warrant that you have the authority to bind such entity to these Terms and effectively “you“ and “your” shall refer to the company.
Please ensure that you are allowed to use our services under the law.

HOW TO USE OUR SERVICES:
We have developed a unique platform. To use our Services, you must register on our Platform by entering your phone number and the One-Time-Password sent by us via SMS to your phone number. When you register with us using the Nebory mobile application, you also allow us to read your mobile device phone book, your SMS inbox, access your mobile gallery, mobile device storage, and mobile device camera. However, we do not read any information stored on your mobile device and computer without your permission.
In order to provide Services to you, we need to access certain features of your mobile device.

PRIVACY POLICY: Your privacy is our top priority. To effectively provide and introduce any new Services to you, we collect certain information such as your phone number, address, gender and name from you. We may further request and store additional information. Such information is stored securely on cloud servers, thereby also subject to the terms of the cloud service provider's privacy policy. The Nebory Privacy Policy explains how we collect, use, share and store the information collected. The Nebory Policy also details your rights under law and how you may control the data you provide us.

YOUR COMMITMENTS: Providing a safe Service for a broad community requires that we all do our part. In return for our commitment to provide our Services, we require you to make some commitments to us. Your commitments to us are:
(a) No Impersonation or False Information to be Provided You are required to input your correct phone number, name, address and gender to use our Services. You can control which information should be available on your public profile. You will not falsely represent yourself as another person or representative of another person to use our Services. Nebory allows registration only on your personal First and last name. Registration based on any other name such as your business name is not allowed.
You will not lie about your details, including your age, for any reason.
(b) Device Security
We have implemented measures to ensure that our Platform is secure. However, there is no guarantee that our Platform is immune to hacking and virus attacks. You will ensure that you have requisite anti-malware and anti-virus software on your mobile device to ensure its safety. You will not allow any person to use your phone number, and you will be responsible for all content posted by any account linked to your phone number.
While we do everything we can to secure your use of our Services, keep in mind that we cannot contemplate all forms of attack on our Platform. You should, as a matter of practice, ensure that your mobile device are not used wrongly or tampered with in any way.
(c) Content Removal and Termination
Your usage of our Platform is governed by the Nebory Content and Community Guidelines. If any of our users report your content to be against the Nebory Content Community Guidelines, we may remove such content from our Platform. In the event that multiple reports are made regarding violation of the Nebory Content and Community Guidelines, we may be compelled to terminate your account with us and block you from registering with us. If you wish to appeal any such removal, you may write to us at contact@nebory.com.
We may remove any content that is shared on our Platform if such content is prohibited under the Nebory Content and Community Guidelines. <
(d) Platform Not to be Used For Anything Unlawful or Illegal
You shall not use our Platform to share any content which is obscene, pornographic, harmful for minors, discriminatory, spreading hate speech, inciting any form of violence or hatred against any persons, or of seditious in nature, or violates any laws of the Republic of India, or is barred from being shared by any laws of the Republic of India. We reserve the right to remove such content. In addition to the above, please note that we may share your information with appropriate law enforcement authorities if we have good-faith belief that it is reasonably necessary to share your personal data or information in order to comply with any legal obligation or any government request; or to protect the rights or prevent any harm to our property or safety, our customers, or public; or to detect, prevent or otherwise address public safety, fraud, security or technical issues. You understand however, that we cannot be held responsible for any actions done by or to you by a third party or user by way of using our Platform.
We have developed a platform for people to come together; please do not share any content which is illegal or causes any harm to the well-being of members of the society or community.
(e) Content Rights and Liabilities
We strongly believe in the freedom of expression and allow you to share photographs, images, and other content on our Platform. We do not have any ownership over any of the content shared by you and the rights in the content remain only with you. You will not use our Platform to violate or infringe upon our or any third-party”â„¢s intellectual property rights. Such content is against Nebory Content and Community Guidelines and may be removed from the Platform. Further, if you use any content developed by us, then we shall continue to own the intellectual property rights in such content.
By sharing/posting/uploading content using our Services, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You may delete your content and/or account at any point. However, your content may continue to appear on the Platform if it has been shared with others. To learn more about how we use information, and how to control or delete your content, please read the Nebory Privacy Policy.
You remain solely responsible for the content you post on our Platform. We do not endorse and are not responsible for any content shared or posted on or through our Platform, and for the consequence of such sharing or posting. The presence of our logo or any trademark on any content shared by you does not mean that we have endorsed or sponsored your content. Further, we will not be liable for or responsible for the consequences of any transactions made or entered into by you with other users of the Platform.
You will always have ownership and responsibilities for the content you share. We will never claim that we have intellectual property rights over your content, but will have a free of cost, permanent license to use what you share and post on our Platform.
(f) Status and No Liability
We are an intermediary under the Information Technology Act, 2000 and the Information Technology Act (Intermediary Guidelines) Rules, 2011. These Terms are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing of the rules and regulations, Nebory Privacy Policy, and Nebory Terms of Use for accessing and using our Platform. Our role is limited to providing a platform to display the content shared by you and our other users.
We do not control what people do or say and are not responsible for their (or your) actions (whether online or offline). We are not responsible for services and features offered by others, even if you access them through our Services. Our responsibility for anything that happens on our Platform is strictly governed by the laws of the Republic of India and is limited to that extent. You agree that we will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.
We are an intermediary under Indian law. We do not control what people post on our Platform but we expect everyone to comply with the Nebory Content and Community Guidelines.
(g) You Will Not Attempt to Disrupt or Jeopardize Nebory
We have developed a community-driven platform. Therefore, you agree to not interfere with, or use non-public areas of our Platform, Services, and our technical delivery system. You will not introduce any trojans, viruses, any other malicious software, any bots or scrape our Platform for any user information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. If you tamper or attempt to tamper with our technological design and architecture, we may terminate your user profile. We may further report such actions to the appropriate law enforcement authorities and proceed against you with legal actions.
You will not hack into or introduce malicious software of any kind onto our Platform. If you commit such actions, we may remove you from the platform and even have to report your actions to the police.

PERMISSIONS YOU GIVE TO US: You accept these Terms and give us certain permissions so that we can serve you better. Permissions you have granted us are:
(a) Automatic Downloads and Updates
We are constantly updating our Platform and Services offered. To use our Platform, you may need to download the Nebory mobile application to your mobile device and update it from time to time.
Applications and software are constantly updated for your use and you will need to install the latest version of the Nebory mobile application to your mobile device each time such update is generated.
(b) Data Retention We shall have the right to retain certain information regarding your usage of the Platform. Please view the Nebory Privacy Policy for further information relating to the collection, storage and use of your information by us.

You grant us the right to store and retain information relating to you and provided by you. Please see the Privacy Policy for further information.

OUR AGREEMENT AND WHAT HAPPENS IF WE DISAGREE:
(a) Who Has Rights Under These Terms
The rights and obligations under these terms are granted only to you and shall not be assigned to any third party without our consent. However, we are permitted to assign our rights and obligations under these Terms to others. This can happen when, for example, we enter into a merger with another company and create a new company.
(b) How We Will Handle Disputes
In all cases, you agree that disputes will be subject to the laws of the Republic of India and the courts of Pune shall have exclusive jurisdiction over all such disputes.
(c) Grievance Officer
We have a Grievance Officer to address your concerns regarding data safety, privacy, and Platform usage concerns. We will resolve the issues raised by you within 30 (thirty) days from receiving them. You may contact the Grievance Officer at any of the following:
Address: 3rd Floor, Archway, Central Avenue Road,
Kalyaninagar, Pune, Maharashtra - 411006.
Office Hours: 10:00 A.M. to 1:00 P.M.
Email: contact@nebory.com

We have created a method for you to get in touch with us and for us to address your concerns.

INDEMNIFICATION: You agree to indemnify, defend and hold harmless us, and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) your access to or use of the Platform and Services; (ii) any breach by you of your obligations under this Agreement; (iii) your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) your negligence or willful misconduct. This obligation will survive termination of our Terms.

UNSOLICITED MATERIAL: We always appreciate feedback or other suggestions. We may use the same without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.

GENERAL:
(a) If any aspect of these Terms is unenforceable, the rest will remain in effect.
(b) Any amendment or waiver to our Terms must be in writing and signed by us.
(c) If we fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending your profile, such failure to enforce our rights will not be a waiver by us.
(d) We reserve all rights not expressly granted to you.

Nebory Privacy Policy
Last modified: January 1, 2020 (archived versions)

Your privacy is our top priority. Since we started Nebory, we’ve aspired to build our Services with a set of strong principles around privacy and verified user base in mind.
Nebory has aimed to empower neighbors to create neighborhoods smarter and thereby cities, towns, states, nations and as such the whole universe a better place to live. Our Privacy Policy helps explain our information practices. For example, we talk about what information we collect and how this affects you. We also explain the steps we take to protect your privacy ”“ like messages aren’t stored and giving you control over who you communicate with on our Services
When we say “Nebory,” “our,” “we,” or “us,” we&rdquo;™re talking about Nebory app developed by Brainizen Technologies Pvt, Ltd. This Privacy Policy (“Privacy Policy”) applies to all of our services, features, software, and website (together, “Services”) unless specified otherwise.
Please also read Nebory”s Terms of Service (“Terms”), which describes the terms under which you use our Services.

Information We Collect: Nebory receives or collects information when we operate and provide our Services, including when you install, access, or use our Services.

Information You Provide:
Your Account Information: You provide your mobile phone number to create a Nebory account. You provide us your address of residence which is very crucial for us to allow you to be a member of our family. You also provide other information such as your email address, photo, gender, marital status, etc. during registration which can be modified later. You can control how and which of these details can be displayed in your public profile.

Your conversation: The information that you exchange with your neighbors is stored on our server and is available only to your neighbors who are registered users of this application. We may use this data only to improve the user experience and not for any other purposes.

Your Connections: To help you exchange the information which is most accurate and relevant to your area, you will be part of your neighborhood and will be able to connect to your neighbors.

Customer Support: You may provide us with information related to your use of our Services, including copies of your messages, and how to contact you so we can provide you customer support. For example, you may send us an email with information relating to our app performance or other issues.

Automatically Collected Information:
Usage and Log Information: We collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use our Services, how you interact with others using our Services, and the like), log files, and diagnostic, crash, website, and performance logs and reports.

Device and Connection Information: We collect device-specific information when you install, access, or use our Services. This includes information such as hardware model, operating system information, IP address, mobile network information including phone number, address and device identifiers. We access the media gallery on your mobile device, including without limitation, images, videos and audio files and the storage space on your phone. However, we shall always obtain your consent before accessing your images and you shall have the option to deny us such access. We need this facilitate sharing of any media such as pictures and also store any images.

Contacts book: We access contact book on your mobile device. We always ask for your consent before accessing your contacts list and you have the option to deny us the access to your contacts book. We need this to facilitate sharing contacts as well as storing contacts shared by other users

Location information: is information that is derived from your GPS, IP address. We need this to decide which neighborhood network should you join. You may also share location information as part of posts/content that you share on the platform.

Cookies: We may use cookies to operate and provide our Services, including to provide our Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services. For example, we use cookies to provide Nebory for web and desktop and other web-based services. We may also use cookies to understand which of our FAQs are most popular and to show you relevant content related to our Services. Additionally, we may use cookies to remember your choices, such as your language preferences, and otherwise to customize our Services for you. Learn more about how we use cookies to provide you our Services.

Status Information. We collect information about your online and status message changes on our Services, such as whether you are online (your “online status”), when you last used our Services (your “last seen status”), and when you last updated your status message.

Third-Party Information: Others Provide About You: We may receive information other people provide us, which may include information about you. For example, when other users you know use our Services, they may provide your phone number from their mobile address book (just as you may provide theirs), or they may send you a message, send messages to groups to which you belong.

Third-Party Providers: We may work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we may work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply map and places information, process payments, help us understand how people use our Services, and market our Services. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.

How We Use Information: We use all the information we have, to help customize our platform to suit your mobile device, to optimize your user experience on our platform, to facilitate sharing any content on the platform, to verify your identity, to facilitate communication, to develop new services, for security, fraud detection and account management and to help us operate, provide, improve, understand, customize, support, and market our Services.

Our Services: We operate and provide our Services, including providing customer support, and improving, fixing, and customizing our Services. We understand how people use our Services, and analyze and use the information we have to evaluate and improve our Services, research, develop, and test new services and features, and conduct troubleshooting activities. We may also use your information to respond to you when you contact us.

Safety and Security: We verify accounts and activity, and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.

Communications About Our Services: We communicate with you about our Services and features and let you know about our terms and policies and other important updates. We may provide you marketing for our Services.

No Third-Party Banner Ads: We do not allow third-party banner ads on Nebory. We have no intention to introduce them, but if we ever do, we will update this policy.

Commercial Messaging: We may allow you and third parties, like businesses, to communicate with each other using Nebory, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing. For example, you may receive flight status information for upcoming travel, a receipt for something you purchased, or a notification when a delivery will be made. Messages you may receive containing marketing could include an offer for something that might interest you. We do not want you to have a spammy experience; as with all of your messages, we may moderate some of such messages for the best user experience.

Information You And We Share: You share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customize, support, and market our Services.

Account Information: Your phone number, profile name and photo and receipts may be available to anyone who uses our Services, although you can configure your Profile settings to manage certain information available to other users.

Your Contacts and Others: Users with whom you communicate may store or reshare your information (including your phone number or messages) with others on and off our Services. You can use your Profile settings and control some of such information being shared with others.

Third-Party Providers: We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. When we share information with third-party providers, we require them to use your information in accordance with our instructions and terms or with express permission from you.

Assignment, Change Of Control, And Transfer: All of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

Managing Your Information: If you would like to manage, change, limit, or delete your information, we allow you to do that through the following tools:

Profile Settings: You can change your Services settings to manage certain information available to other users. You can manage your profile information to make it private or publicly visible the way you want controlled by our app settings such as your display name, address and other information.

Changing Your Profile Information: To address your security concerns, we may verify your identity if we detect certain change in your information. You can change your profile name, profile picture, and other information at any time.

Nebory Criteria for rejection of content: Nebory moderates contents to safe guard the ineterst of its users and prevent any troll/spam/allegations/abusive/fake information. The criteria includes but not limited to, following rules. Nebory reserves the right to change this anytime. If your content -
(a) has allegations without proofs
(b) contains offensive words
(c) contains dual meaning words
(d) is indicative of adult talks
(e) appears as trolling
(f) appears to be unsolicited wish
(g) appears to be spam
(h) appears to be an information without substantial base
(i) is duplicate of earlier published content

Stop Using Nebory: may choose to stop using Nebory at any time (including if you want to revoke your consent to our use of your information). Be mindful that even if you leave our platform(Nebory), your information may be stored with us for a longer period. Please remember that when you leave our platform, it does not affect the information other users have relating to you, such as their copy of the messages you sent them.

Law And Protection:
We may collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to:
(a) respond pursuant to applicable law or regulations, to legal process, or to government requests;
b) our Terms and any other applicable terms and policies, including for investigations of potential violations;
(c) investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or
(d) protect the rights, property, and safety of our users, Nebory or others.

Our Global Operations: You agree to our information practices, including the collection, use, processing, and sharing of your information as described in this Privacy Policy, as well as the transfer and processing of your information to India and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Updates To Our Policy: We may amend or update our Privacy Policy. We will provide you notice of amendments to this Privacy Policy, as appropriate, and update the “Last Modified” date at the top of this Privacy Policy. Your continued use of our Services confirms your acceptance of our Privacy Policy, as amended. If you do not agree to our Privacy Policy, as amended, you must stop using our Services. Please review our Privacy Policy from time to time.

Intellectual Property Policy: Your Copyrights and Trademarks Nebory ("e;Nebory,” “our,” “we,” or “us”) is committed to helping people and organizations protect their intellectual property rights. Our users agree to our Terms of Service ("e;Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”). Our Terms do not allow our users to violate someone else's intellectual property rights when using our Services, including their copyrights and trademarks.

Copyright:
To report copyright infringement and request that Nebory remove any infringing content it is hosting (such as a Nebory user's profile picture, profile name, or status message), please email a completed copyright infringement claim to contact@nebory.com (including all of the information listed below). You can also mail a complete copyright infringement claim to Nebory's copyright agent:
Address: 3rd Floor, Archway, Central Avenue Road,
Kalyaninagar, Pune, Maharashtra - 411006.
Office Hours: 10:00 A.M. to 1:00 P.M.
Email: contact@nebory.com

Before you report a claim of copyright infringement, you may want to send a message to the relevant Nebory user you believe may be infringing your copyright. You may be able to resolve the issue without contacting Nebory.

Trademark: To report trademark infringement and request that Nebory remove any infringing content it is hosting, please email a complete trademark infringement claim to contact@nebory.com (including all of the information listed below).
Before you report a claim of trademark infringement, you may want to send a message to the relevant Nebory user you believe may be infringing your trademark. You may be able to resolve the issue without contacting Nebory.
What to include in your copyright or trademark infringement claim to Nebory Please include all of the following information when reporting a copyright or trademark infringement claim to Nebory:

Your complete contact information (full name, mailing address, and phone number). Note that we regularly provide your contact information, including your name and email address (if provided), the name of your organization or client who owns the rights in question, and the content of your report to the person whose content you are reporting. You may wish to provide a professional or business email address where you can be reached. A description of the copyrighted work or trademark that you claim has been infringed.
A description of the content hosted on our Services that you claim infringes your copyright or trademark. Information reasonably sufficient to permit us to locate the material on our Services. The easiest way to do this is by providing us the phone number of the individual who has submitted the infringing content on our Services. A declaration that:
You have a good faith belief that use of the copyrighted or trademarked content described above, in the manner you have complained of, is not authorized by the copyright or trademark owner, its agent, or the law;
The information in your claim is accurate; and
You declare, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed.
Your electronic signature or physical signature.

Contact Us:
If you have questions about our Privacy Policy, please contact us.

Brainizen Technologies Pvt. Ltd.
Privacy Policy
3rd Floor, Archway, Central Avenue Road,
Kalyaninagar, Pune, Maharashtra - 411006.
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