Terms and Conditions of Use
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name https://nyxion.ai (hereinafter referred to as “Website”) and the mobile application Nyxion (hereinafter referred to as “Application”) are owned by Flinket Services Private Limited a company incorporated under the Companies Act, 2013 with its registered office at 528 Deoli Village, Near Corporation Bank, Bandh Road, New Delhi 110080 (hereinafter referred to as “Nyxion”).
You must be at least 18 years old and be legally permitted to use the App by the laws of your home country. You are strictly advised to use your real name on your profile and use the services in a professional manner.
You are responsible for ensuring that Your use of the Service, Your action or omission is not contrary to any law for the time being in force. You are not allowed to post violent, discriminatory, promotional, unlawful, infringing, trolling, hateful Content via the Service. For the purposes of clarity, Content refers to any data, text, information, usernames, works of authorship, links and other content or materials, including information that the User posts and/ or uploads on to the service, such as but not limited to the photographs, graphics, videos, and any other information formats that may become shareable via the Service from time to time (collectively “Content”). You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information that –
belongs to another person and to which the user does not have any right to
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
infringes any patent, trademark, copyright or other proprietary rights. violates any law for the time being in force
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence
contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Bumble or otherwise
impersonate another person
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
You are responsible for any activity that occurs through Your account and You agree You will not sell, transfer, license or assign Your account, friends, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Nyxion prohibits the creation of and You agree that You will not create an account for anyone other than Yourself. You also represent that all information You provide or provided to Nyxion upon registration (“Registration Data”) and at all other times will be true, accurate, current and complete and You agree to update Your information as necessary to maintain its truth and accuracy.
When You use the Service or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
You agree that You will not solicit, collect or use the login credentials of other Nyxion Users.
You must take responsibility for keeping Your username and password safe and secure.
You must not post private or confidential information via the Service, including, without limitation, Your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses. You are requested to maintain discretion before adding users on other social networking platforms or sharing phone numbers. Nyxion shall not be responsible for any harassment the User suffers from other users on the Service, or any other platform(s). Please approach the support of those platforms and use the block feature on Nyxion to disable them from interacting with You.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to Your use of the Service and Your Content, including but not limited to, copyright laws.
You are solely responsible for Your conduct and Content that You post on Nyxion.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or not modify or alter the Service or modify another website so as to falsely imply that it is associated with Nyxion.
You must not interfere with or disrupt the Service or servers/ networks connected to the Service, including by transmitting worms, viruses, spyware and malware or any other code that is destructive or disruptive in nature. Interfering with the display of any Nyxion’s page in a User’s browser or device is illegal.
You shall not create accounts on Nyxion using unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper is not allowed.
Nyxion reserves the right to feature Your content and success stories and posted on Nyxion through its social media handles, with due credits to the User.
LIMITATIONS OF USE
You may not use the Software or Documentation except as permitted in this Agreement. Without limiting the foregoing, you may not use the Software or Documentation for operating your or your employer's business, developing other applications for ongoing use, or providing services to others. Except with Company's prior written consent, you may not: (i) alter, modify or create any derivative works of the Software, the underlying source code, or the Documentation in any way, including without limitation customization, translation or localization; (ii) port, reverse compile, reverse assemble, reverse engineer, or otherwise attempt to separate any of the components of the Software or derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction); (iii) copy, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software or Documentation; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or Documentation; (v) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Software. You may not cause or permit any third party to do any of the foregoing.
Payments & Cancellation
Users have to pay for purchasing ‘Premium Membership’, which is mandatory for soliciting a connection with other users. Payments once made, are not refunded under any circumstances. In other words, you do not have the option of cancelling or getting a refund for any payment. It follows that you will not be getting a refund for any payment when your membership is terminated. Membership of users who acquire Premium Services illegally without actually purchasing them may be temporarily or permanently terminated from Nyxion. The company also reserves the rights to withdraw pending requests and/or cancel request.
Third Party Softwares
You acknowledge that the Software may contain copyrighted software of Company’s suppliers which are obtained under a license from such suppliers ("Third Party Software"). All third party Licensors and suppliers retain all right, title and interest in and to such Third Party Software and all copies thereof, including all copyright and other intellectual property rights. Your use of any Third Party Software shall be subject to, and you shall comply with, the terms and conditions of this Agreement, and the applicable restrictions and other terms and conditions set forth in any Third Party Software documentation or printed materials, including without limitation an end user license agreement.
Terms and Termination
This Agreement and your right to use the Software and Documentation may be terminated by you or by the Company at any time upon written notice. This Agreement automatically terminates if you fail to comply with its terms and conditions. Immediately upon termination, you shall cease to use and return or destroy all copies of the Software and Documentation in your possession, custody or control and if requested you shall certify to the Company in writing that such return or destruction has occurred. The following sections of this Agreement survive any expiration or termination hereof.
Users outside India
If you are using the Software or Documentation outside the India, then the following shall apply: (a) You confirm that this Agreement and all related documentation is and will be in the English language; (b) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Software and Documentation or any services accessed or used in connection with the Software and Documentation, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.
Nyxion reserves the right to alter or terminate the Service or Your access to the Service for any reason, without notice, at any time, and without any liability to You. If We terminate Your access to the Service or You delete Your account. However, we may archive certain information, including Personal Information, and retain it as we may be required to do in order to fulfil out legal obligations.
Nyxion reserves the right to force forfeiture of any username, profile or account for any reason at any time.
Nyxion is not responsible or liable for the conduct of any of its Users, be it online or offline. You will be responsible for Your interactions with other Nyxion users on or off the Service. We reserve the right but we are not obliged to monitor or get involved in disputes between You and other users. A User should use his common sense and best judgment while interacting with other Nyxion users.
Your business dealings with third parties found on Nyxion are solely between You and the third parties.
You take responsibility of any and all data charges that incur on using Nyxion.
We prohibit crawling, scraping, caching or otherwise accessing any Content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Nyxion’s express written consent).
Neither party will be in violation of the Agreement if the failure to perform the obligation is due to an event beyond its control, such as significant failure of a part of the power grid, failure of the Internet, natural disaster or weather event, war, riot, insurrection, epidemic, strikes or labor action, terrorism, or other events beyond such party’s reasonable control.
If any part of the Agreement is found unenforceable, the rest of the Agreement will continue in effect, and the unenforceable part shall be reformed to the extent possible to make it enforceable and give business efficacy to the Agreement. Each party may enforce its respective rights under the Agreement even if it has waived the right or failed to enforce the same or other rights in the past. The relationship between the parties is that of independent contractors and not business partners. Neither party is the agent for the other and neither party has the right to bind the other on any agreement with a third party. The use of the word “including" means “including without limitation".
If you wish to register a complaint regarding X, you may do so by sending an email to support@theNyxion.com Your email will be acknowledged by a system generated response, or via an individual manual email to the extent possible, within 24 hours of us having received it. You will be kept informed of the progress we make in redressing your complaint and/ or the reasons for the delay, if any, in such redressal.
This Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of Company, (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of Bangalore, India., excluding its conflict of law provisions, (c) You expressly agree that jurisdiction for any claim or dispute arising from the use of the Software and/or Documentation resides in the federal and state courts situated in New Delhi, India and you consent to the personal jurisdiction thereof, (d) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, (e) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect, or Company may at its option terminate this Agreement, (f) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only, (g) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof, (h) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. Company may assign this Agreement to any entity at its sole discretion, (i) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns, (j) If you have any questions, complaints, or claims with respect to the Software, you may contact Company by email at support@theNyxion.com.
You are solely responsible for your interactions with other users. The company reserves the right to, but is not obliged to, monitor the resolution of any disputes arising between users. The company also reserves the right to take action, as deemed appropriate against errant users. In no event shall the company be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this service or persons you meet through this service. You agree to take reasonable precautions in all interactions with other members of the service, particularly if you decide to meet offline or in person. You understand that the company makes no guarantees, either expressed or implied, regarding your ultimate compatibility with individuals you meet through the service. You should not provide your financial information (for example, your credit card, ATM pin or bank account information) to other users.
The Terms were last updated on: 30 JUNE 2020
YOU AGREE THAT BY REGISTERING FOR, ACCESSING OR USING THE SERVICES, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH ELASTIC. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
Wherever used in these Terms, “you”, “your” or similar terms means the person or legal entity accessing or using the Services. If you are accessing or using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.
NyxionAI reserves the right to modify, supplement or replace these Terms, effective upon posting an amended version on the Site or notifying you otherwise. Your continued use of the Services following the posting of changes to these Terms or receipt of notice will mean that you accept and agree to such changes. You are responsible for regularly consulting the current version of the Terms prior to your use of the Services.
1. The Services
1.1 Eligibility. In order to access and use the Services, you must:
(a) be at least the age of majority in your jurisdiction;
(b) complete the registration process to create a user account; and
(c) provide and maintain complete, accurate and up-to-date contact and account information.
1.2 Account and password. You are responsible for all activity that occurs through your account, whether or not that activity is authorized by you. You agree to take reasonable precautions to ensure that your username, password, and other account information are kept confidential, to not share such information, and to immediately notify us of any unauthorized use of your account.
1.3 Updates and Functionalities. You acknowledge and agree that NyxionAI may from time to time apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content).
1.4 Third Party Products and Services. The Services may enable you to access, interact with or purchase products or services provided by third parties, including from third party websites or applications linked to or accessible through the Services (“Third-Party Services”). NyxionAI provides access to Third Party Services as a convenience only, and such access does not imply any warranties, representations, endorsements, approvals or verification by NyxionAI of such Third Party Services. You acknowledge that the use of Third Party Services may be subject to the terms and conditions of such Third Party Services and that any contract entered into or transaction completed through Third Party Services is between only you and the relevant third party.
1.5 Anti-Spam Measures. NyxionAI reserves the right to take any and all measures it deems necessary or appropriate in its sole discretion (whether legal, technical or otherwise) to prevent the Services from being used to send unsolicited email (i.e. “spam”) and to address complaints by third parties regarding the sending of such email. Without limitation, you agree that NyxionAI may in its sole discretion suspend or cancel your account if it suspects that your account is being used to send unsolicited email.
2. Rules of Use
2.1 Permitted Uses. You agree that you will at all times use the Services in a manner consistent with:
the Acceptable Use Policy;
any other applicable rules, policies, and guidelines established by NyxionAI in respect of the Services.
Misuse or unauthorized use of the Services and its related systems or networks, or of any information or material available through the Services is strictly prohibited and NyxionAI reserves the right, at its sole discretion and without liability or prejudice to any other remedies that it may have, to immediately suspend or cancel the account of any user who is using, or who NyxionAI reasonably believes is using, the Services in violation of these Terms.
2.2 Compliance with Laws. You represent and warrant that your use of the Services will comply with all applicable laws and regulations, including without limitation, all applicable anti-spam and privacy laws (collectively, the “Regulations”). For greater certainty, the Regulations may include depending upon your use of the Services, but will not necessarily be limited to, CAN-SPAM, CASL, and GDPR. You will be solely responsible for determining whether the Services as used by you comply with the Regulations, and you acknowledge and agree that Elastic will not be liable for any use of the Services by you that violates the Regulations.
2.3 Consents. Without limiting Section 2.2, you further represent and warrant that you will not send any emails other than Transactional Messages (as defined in Section 2.4) unless the email recipients have provided you with valid consent under the Regulations to receive communications from you.
2.4 Transactional Messages. The Services may allow you to send Transactional Messages. “Transactional Messages” are defined as communications that are sent in response to an action by an email recipient related to a product or service offered by you (e.g. a confirmation email sent in response to a purchase of a product or service through your App or website) or that concern the ongoing use, purchase or subscription by an email recipient of a product or service offered by you. You must not send Transactional Messages that are bulk messages or messages that have a purpose of encouraging participation in a commercial activity.
3. Intellectual Property
NyxionAI Services. NyxionAI is the owner of the Services and all intellectual property rights related to the Services. All rights, title, and interest in and to the Services not expressly granted under these Terms are reserved by NyxionAI. Without limiting the generality of the foregoing, NyxionAI owns the trademarks and design marks, trade dress, domain names, service names, logos and associated designs (“Trademarks”) used in connection with the Services and any unauthorized use of the Trademarks is strictly prohibited.
4.1 Credit. You may purchase “Credit” which may be exchanged for certain email related services. Credit will remain in your account for as long as your account is active. If your account shows no activity for a period of twelve (12) months, your Credit will automatically expire and will no longer be available for use.
4.2 Billing. If you are purchasing Credit or otherwise making a payment to NyxionAI, you must provide NyxionAI with a valid credit card or other forms of payment instrument approved by NyxionAI. You agree that Elastic has permission to retain and/or share with financial institutions and payment processing firms your submitted payment information in order to process your purchase. If you select an automatic payment option, you agree that NyxionAI may automatically bill your credit card or other forms of payment instrument approved by NyxionAI in accordance with the terms of the applicable automatic payment option. NyxionAI may change the fees charged for Credit from time to time, including without limitation, fees charged under an automatic payment option, by posting a new pricing structure to the Services or otherwise providing you with notice.
4.3 Refunds. NyxionAI does not issue refunds for unused credit or unused periods of service. At our sole discretion we may offer a refund if a user requests one.
5. Privacy & Data
5.1 Email Record Retention. You acknowledge and agree that NyxionAI may, in its sole discretion, permanently erase email records (e.g. copies of emails sent and certain information relating to sent emails) after thirty-five (35) days of such emails being sent, and NyxionAI has no obligation to retain such records beyond the thirty-five (35) day period.
5.2 User Content Retention. NyxionAI may, in its sole discretion, permanently erase any User Content and any other information or materials associated with your account if your account is suspended or cancelled for thirty (30) days or more.
“Confidential Information” means any information or materials of NyxionAI that is reasonably considered in the circumstances to be confidential or proprietary, including, but not limited to, trade secrets, hardware, software (source code and object code), specifications, designs, plans, drawings, data, prototypes, discoveries, research, developments, processes, procedures, intellectual property, market research, marketing techniques and plans, business plans and strategies, pricing policies and price lists, and financial information or other business and/or technical information and materials, whether in oral, written, electronic, graphic or machine-readable form. You agree to keep strictly confidential the Confidential Information and to not use or disclose the Confidential Information for any purpose other than as required for your use of the Services.
7. Term and Termination
7.1 Term. These Terms shall commence on the date on which you first register for, access or use the Services and shall continue until your account is cancelled.
7.2 Termination. Termination. You may cancel your account at any time by sending a cancellation request to firstname.lastname@example.org. NyxionAI reserves the right, in it’s sole discretion and at any time, to immediately suspend or cancel your account, with or without cause, with or without notice and without any refund. You acknowledge and agree that NyxionAI will not be liable to you or any third party as a result of such suspension or termination, provided that in the event your account is canceled without cause.
7.3 Effects of Termination. Upon termination of these Terms for any reason:
any rights and licenses granted to you under these Terms will terminate;
upon request within sixty (60) days of termination, NyxionAI will provide you with a list of unsubscribe requests received by your account;
you shall continue to process all unsubscribe requests as required by law with respect to any email campaigns sent through the Services;
you shall immediately pay to NyxionAI any amounts that are outstanding.
8. User Indemnity
You agree to defend, indemnify and hold NyxionAI harmless from and against any and all claims, actions or demands, including without, limitation reasonable legal and accounting fees, resulting from or related to: (i) your access to or use of the Services or any User Content; (ii) your violation of these Terms or the Acceptable Use Policy ; (iii) your violation of any applicable laws, including without limitation, anti-spam or privacy laws; or (iv) your violation of any third-party right, including without limitation, any intellectual property, privacy or proprietary right, or obligation of confidentiality. You will use your best efforts to cooperate with NyxionAI in the defense of any claim. NyxionAI reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
14.1 Assignment. You may not assign any of your rights or obligations under these Terms without our prior written consent. NyxionAI may freely assign our rights and obligations under these Terms, either in part or in full, without notice to you.
14.2 Notice. NyxionAI may communicate with you about the Services or these Terms, including any changes to these Terms, by email or by posting notices on the Site.
14.3 Severability. The provisions of these Terms are severable. If any individual provision is held to be invalid, unenforceable or contrary to applicable law, such provision shall be construed, limited, altered or deleted, as necessary, to eliminate the invalidity, unenforceability or conflict with applicable law while endeavoring to preserve the intention of these Terms, and all other provisions shall remain in full force and effect.
14.4 Waiver. The failure by NyxionAI to exercise or enforce any right or remedy under these Terms will not constitute a waiver of such right or remedy.
14.5 Contact. If you wish to contact NyxionAI with any questions, comments or concerns regarding the Services or these Terms, please refer to our Contact us page.
14.6 Permission. Use only permission-based marketing email lists (i.e., lists in which each recipient has granted permission to receive email from Customer by affirmatively opting-in).