Effective: 16th August 2024
 

Thank you for using Nivan AI!
 

These Terms of Use govern your ("users") access to and use of Nivan AI. By using our services, you agree to these Terms, which form a binding agreement between you and Nivan AI Pvt. Ltd. These terms include important Provisions with regards to resolving disputes through Arbitration in the scenario of a dispute. By using our Services, you agree to such provisions. 

Please also review our Privacy Policy, which explains how we collect and use personal information. While the Privacy Policy is not part of these Terms, we strongly recommend acquainting yourself with the same.

 

1. About us

Nivan AI is an AI-driven legal research company. Our mission is to make legal advice accessible to everyone by simplifying legal queries through the use of artificial intelligence. For more information about Nivan, please visit https://www.mynivan.com/about

 

2. Access

Minimum age: User must have attained the age of 13 years, or the minimum age required in your country to consent to use of such services. Users under 18 years of age you must use these services under parental guidance and supervision.

 

3. Registration

Registration: To use our Services, you must provide accurate and complete information when registering for an account. You are responsible for maintaining the confidentiality of your account credentials and must not share them or allow others to access your account. You are accountable for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.You may subscribe to our newsletter to stay updated and be the first to know about all the exciting news and upcoming updates.

 

4. Using our Services

Permitted Use: Provided that you comply with these Terms, you are granted the right to access and use our Services. When using our Services, you must adhere to and comply with all applicable laws and follow any additional documentation, guidelines, policies or rules that we provide.

Prohibited Use: You may not use our Services for any illegal, harmful, or abusive activities. Specifically, you are prohibited from:

• Modifying, copying, leasing, selling, or distributing any part of our Services.

• Automatically or programmatically extract data or Output.

• Represent that Output was human generated when it was not.

• Using our Services in any manner that infringes, misappropriates, or violates the rights of others.

• Attempting to, or assisting others in attempting to, reverse engineer, decompile, or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except where such restrictions are prohibited by applicable law).

• Interfering with or disrupting our Services, including attempting to circumvent any restrictions, or protective measures we have implemented.

• Use Output to develop models that compete with Nivan AI.

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Third party Services: Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third-Party Output are subject to their own terms, and we are not responsible for them. 

Feedback: We value your feedback and suggestions. By providing feedback, you agree that we may use, modify, and implement it without any restrictions or obligation to compensate you.

 

5. Content

Your content: You may provide information or data to the Services ("Input") and receive results generated by the Services based on your Input ("Output"). Collectively, Input and Output are referred to as "Content." You are solely responsible for your Content, including ensuring that it complies with all applicable laws and these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.

Ownership of content: Subject to applicable law, as between you and Nivan AI, you (a) retain ownership of your rights in the Input and (b) own the rights to the Output.

Accuracy: Artificial intelligence and machine learning are rapidly evolving fields, and we are continually striving to enhance our Services to improve their accuracy, reliability, safety, and usefulness. However, due to the probabilistic nature of machine learning, there may be instances where the Output generated by our Services is not fully accurate.

 

When using our Services, you acknowledge and agree that:

Output Accuracy: The Output may not always be accurate. It should not be relied upon as the sole source of truth or factual information, nor should it replace professional advice.

Evaluation of Output: You are responsible for evaluating the accuracy and suitability of the Output for your specific case. This includes conducting a human review where appropriate, before using or sharing any Output generated by the Services.

Nature of Output: Our Services may generate incomplete, incorrect, or offensive Output that does not reflect the views of Nivan AI. Additionally, if Output references third-party products or services, it does not imply that those third parties endorse or are affiliated with Nivan AI.

 

6. Paid services

Billing: If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.

Cancellation: You can cancel your paid subscription at any time as per the cancellation policy. Payments are non-refundable, except where required by law.

Changes:We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

 

 

7. Termination and suspension

Termination: You may discontinue using our Services at any time. We reserve the right to suspend or terminate your access to our Services if we determine that:

• You have breached these Terms.

• Compliance with legal requirements necessitates such action.

• Your use of our Services poses a risk or potential harm to Nivan AI, our users, or others.

We may also terminate your account for other reasons, and if we do, we will provide you with advance notice.

Appeals: If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting us at nivan.firm@gmail.com .

 

8. Discontinuation of Services

We may decide to discontinue our Services, if that happens, we will give you advance notice in such cases.

 

9. Warranties

Our services are provided on an "as is" and "as available" basis to the extent permitted by law. We, make no warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to, warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment. We do not guarantee that our services will be uninterrupted, accurate, error-free, or that any content will be secure or free from loss or alteration.

You acknowledge and agree that your use of output generated by our services is at your own risk, and you should not rely on it as your sole source of truth or factual information, nor should it substitute for professional advice.

 

10. Limitation of liability

We will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses. Our aggregate liability under these terms will not exceed ​​the greater of the amount you paid for the service (if any amount is paid) that gave rise to the claim during 12 months before the liability arose. The limitations in this section apply only to the maximum extent permitted by applicable law.

 

11. Indemnity

If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.

 

12. Mandatory Arbitration and Class Action Waiver

Mandatory Arbitration: You and Nivan AI agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through negotiation and final and binding arbitration.

Informal dispute resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally by communication through email. You can contact us at nivan.firm@gmail.com . If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate a formal negotiation the failure of which would lead to institution of arbitration by either party. We also both agree to attend the negotiation when either party requests one during this time.

Arbitration procedure: If we are unable to resolve the Dispute through negotiations, either of us may commence arbitration under The Arbitration and Conciliation Act, 1996. Nivan AI will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

The arbitration will be conducted by video conference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, or as determined by the arbitrator.

Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect.

 

13. Copyright complaints

If you believe that your intellectual property rights have been infringed, please send an email at nivan.firm@gmail.com . We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate access of users who are repeat infringers where appropriate.

 

14. Miscellaneous

Assignment of rights and obligations: You are not permitted to assign or transfer any rights or obligations under these Terms, and any attempt to do so will be void. However, we reserve the right to assign our rights or obligations under these Terms to any of our affiliates, subsidiaries, or successors in connection with our Services.

Modification to these Terms or our Services: We are continuously working to develop and improve our Services; hence we may update these Terms or our Services accordingly from time to time. We may make changes to these Terms or the Services due to:

• Changes to the law or regulatory requirements.

• Security or safety reasons.

• Circumstances beyond our reasonable control.

• Changes we make in the usual course of developing our Services.

• To adapt to new technologies.
   

For changes that materially and adversely affect you, we will provide at least 30 days’ notice via email or an in-product notification. All other changes will take effect immediately upon being posted on our website. If you disagree with the changes, you must cease using our Services.

Delay in enforcing these Terms: Our failure to enforce a provision is not a waiver of our right to do so later. If any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible, and it will not affect the enforceability of any other terms.

Entire agreement: These Terms contain the entire agreement between you and Nivan regarding the Services, superseding any prior or concurrent agreements. 
 

Governing law: This agreement will be governed by the laws of the Republic of India, except for cases where the principle of conflict of laws comes into force. All claims arising out of or relating to these Terms, except for those provided in the dispute resolution section above, will be brought exclusively in the courts of Mumbai, India or the Hon’ble Supreme Court of India at New Delhi.