terms & conditions
These Terms & Conditions (hereinafter "Agreement" or "Terms") govern the use of the Nexstem Platform owned and operated by Nexstem India Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its registered address at 518-P, Sector 5, Sadar Bazar, Gurugram, Haryana, India, 122001, and having its branch office at Nexstem Headquarters, 4th Floor, 19, KHB Colony, Koramangala 8th Block, Bengaluru, Karnataka, India, 560095 (hereinafter "Company", "We", "Us", "Our").
The User is required to read these Terms and the Privacy Policy carefully and agree to the terms stated herein before accessing the Nexstem Platform or continuing with the use of the Services of the Company. These Terms constitute a legal and binding agreement between the Company and the User of the Nexstem Platform and become effective on the date the User accesses the Nexstem Platform.
All capitalized terms used herein but not defined shall have the meaning ascribed to them in the Privacy Policy.
This Agreement sets forth the Terms under which you are authorized to use the Nexstem Platform and details the management of your account with Us. Should you have any questions or need further clarification regarding the use of the Nexstem Platform, please feel free to reach out to Us at legal@nexstem.ai.
1. DEFINITIONS
- “Company’s Brand” shall mean and refers to any/all logos, signs, symbols, designs, icons, terms, product names, brand names, trademarks, wordmarks, copyrights owned or under application process for registration anywhere in the world by the Company including content in text, images, audio, video formats in any language used on websites, portals, products owned or published by the Company and all promotional materials and content used by the Company for marketing, advertising, business promotion, sales or public relations; in either printed or machine-readable form, whether or not copyrightable or patentable;
- “Intellectual Property Rights” shall mean and refers to ideas, concepts, creations, discoveries, domain names, inventions, improvements, know-how, trade or business secrets; patents, copyright (including all copyright in any designs and any moral rights), trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, workflows, systems, principles, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, teaching techniques, source codes, object codes, electronic codes, proprietary techniques, research projects, and other confidential and proprietary information, computer programming code, databases, images, audio, video, software programs, data, documents, instruction manuals, records, memoranda, notes, User guides; in either printed or machine-readable form, whether or not copyrightable or patentable, or any written or verbal instructions or comments;
- “Privacy Policy” shall mean the privacy policy located at nexstem.ai/policy/privacy-policy;
- “Services” shall mean the services offered by the Company / the Nexstem Platform;
- “Third Party Application” means any application or service developed by any person, firm, company or entity other than the Company;
- “User” shall mean any individual that is competent to contract as per the provisions of the Indian Contract Act, 1872 and includes every person who, (i) has completed 18 years of age (as per The Indian Majority Act, 1875); (ii) is of sound mind; and (iii) not disqualified from contracting by any law for the time being in force in India; and
- “User Data” shall mean electronic or digital content, data and information input into the Nexstem Platform by the User or collected through the Nexstem Platform by the Company.
2. APPLICABILITY OF TERMS
This Agreement applies to all individuals or entities who access or interact with the Nexstem Platform for various purposes.
3. OUR PLATFORM
At Nexstem, we democratize Brain-Computer Interface (BCI) technology and leverage our expertise in neurotech research and engineering to create a comprehensive BCI ecosystem, allowing organizations to integrate BCI into their products effortlessly.
4. REGISTRATION
- Signing Up on Nexstem Platform:
- Users, as may be approved by the Nexstem Platform shall have the right to use the Service provided by the Company.
- To register on Nexstem Platform, Users must sign up using either their email or mobile number, along with additional details such as a username and password, if applicable. The registration details provided by the User are utilized to generate an anonymized User profile. When interacting with the backend, the User Information is transmitted in an anonymized manner, ensuring that no traceability is associated with the Information.
- To learn more about how the User’s identity is protected on the Nexstem Platform, please refer to our Privacy Policy.
- The User is solely responsible for maintaining the confidentiality of its account credentials and for all activities that occur under their account. The User must take appropriate measures to secure the devices and browser they use to prevent unauthorized access to their account.
- By registering, the User acknowledges that Nexstem Platform will process the User Data in accordance with the Privacy Policy. We are committed to protecting the Information of the Users and ensuring that the data is used solely for the purpose of facilitating and improving Our Services.
- Any registration details which the Company identifies as untrue or misleading shall grant the Company the right to terminate the use of Nexstem Platform for such User with an immediate effect.
- Conditions of Registering:
- To register on the Nexstem Platform, the User must be at least 18 (eighteen) years old. By registering on the Nexstem Platform, or accepting this Agreement, the User affirms that it is 18 years of age or older and possesses the legal right, authority and capacity to use the Services offered by Nexstem Platform.
- If a User is registering an account on behalf of another person, the User must have obtained such person’s explicit consent to do so. By registering them, the User agrees to be bound by the terms of this Agreement on behalf of that person.
- The User may use the Nexstem Platform in accordance with the terms of this Agreement and the Privacy Policy.
- The Company may at any time, with or without notice, revise any of the features and functions that it provides in its Nexstem Platform, including removing such features and functions completely.
- The Company reserves the right to integrate the Nexstem Platform with any Third-Party Application to provide any additional services as it may deem fit.
5. ACCEPTANCE
THE USER ACKNOWLEDGES THAT IT HAS READ THESE TERMS OF USE, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY ITS TERMS. THE PERSON ACCEPTING THIS AGREEMENT ON THE USER’S BEHALF THROUGH NEXSTEM PLATFORM’S REGISTRATION PROCESS REPRESENTS THAT IT HAS THE AUTHORITY TO BIND THE USER TO THESE TERMS OF USE. THE USER FURTHER ACKNOWLEDGES THAT THIS AGREEMENT DOES NOT HAVE TO BE SIGNED IN ORDER TO BE BINDING. THE USER WILL HAVE INDICATED ITS ASSENT TO THE TERMS OF THE AGREEMENT BY CLICKING ON THE "REGISTER" OR SIMILAR BUTTON THAT IS PRESENTED TO THE USER AT THE TIME OF THE OPENING OF AN ACCOUNT WITH THE COMPANY.BY USING ANY OF THE SERVICES OF THE COMPANY., YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DISAGREE WITH ANY PART OF THIS AGREEMENT, PLEASE REFRAIN FROM USING NEXSTEM PLATFORM OR SERVICES.
6. TERMS OF PAYMENT
- You may make payments over the Nexstem Platform for the different Services that the Company provides you with from time to time.
- You will be solely responsible for ensuring that the information entered for making such payment is correct (phone number, payment value, payment instrument details etc.).
- From time to time, We may review and monitor transactions to identify potentially fraudulent transactions and take immediate corrective steps to mitigate and/ or limit the damage caused or likely to be caused.
- You acknowledge that the Nexstem Platform is not responsible for the failure of a payment due to a lack of seamless connectivity on your end or inaccuracy of payment related information.
- All information pertaining to incidental costs/ taxes/ cesses/ levies, if applicable, shall be mentioned on the relevant page of the Nexstem Platform.
7. USER’S RESPONSIBILITY AND RESTRICTIONS
- The User agrees it shall not:
- Misuse the Nexstem Platform or authorise any third party to do so;
- Provide Nexstem Platform credentials to any third party and enable them to access or derive benefits out of the Nexstem Platform;
- Access the Nexstem Platform in order to build a similar or competitive product or service, take or copy ideas from Company’s Brand including but not limited to graphics, designs, features and functions;
- Collect, store and/or identify private or personal information of any User or person;
- Facilitate personal attacks on other individuals or groups of people;
- Upload, post or e-mail any content that is defamatory, obscene, pornographic, threatening, harassing, unlawful, harmful, abusive, tortious, profane, hateful, or racially, ethnically or otherwise objectionable; and/or other information that the Company deems in its sole discretion inappropriate for the Nexstem Platform;
- Impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with a person or entity or disguise the origin of any content;
- Stalk or otherwise harass another User;
- Upload, post or e-mail any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships;
- Upload, post or e-mail any content that infringes any intellectual property rights or other third-party rights of any party;
- Upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters or any other form of solicitation;
- Upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or the Nexstem Platform; and
- Violate any applicable national or international laws or regulations.
- As a pre-condition to use the Nexstem Platform, the User agrees not to use the Nexstem Platform for any purposes that are prohibited under this Agreement, including not allowing any third party to:
- Engage in illegal, deceptive, or fraudulent activities, or distribute harmful or offensive content;
- Violate any rights, including privacy or Intellectual Property Rights;
- Conduct unauthorized commercial activities or advertising;
- Upload harmful or malicious codes intended to disrupt or damage software or hardware functionality, or gain unauthorized access to systems or data;
- Interfere with other Users’ use of the Nexstem Platform, or modify, delete, or misuse data related to any User of the Nexstem Platform.
- Violate any other right of any person or entity, or any law or contractual obligation;
- Reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of the Nexstem Platform; and
- Changes, modifies, deletes, interferes with or misuses data contained on Nexstem Platform and entered by or relating to any third-party User of Nexstem Platform.
- In the event of a breach or where it is suspected that there is a breach of Section 7.1 and 7.2, the Company may suspend the User’s access to the Nexstem Platform and delete the User Data, with or without advance notice and without prejudice to the other remedies that Company may have.
- The User shall take all reasonable steps to prevent unauthorized access to the Nexstem Platform including but not limited to protecting the passwords and other login credentials.
- The User shall notify the Company of any suspected unauthorized use of the Nexstem Platform immediately or as soon as reasonably possible and shall use reasonable means to stop the said breach.
8. USER DATA AND PRIVACY
- Nexstem Platform employs a comprehensive approach to User confidentiality. While Users register with a username and password, they are only represented by a unique code in our database, maintaining their privacy. Users use identity credentials for sign-in and recovery, and the system identifies them using encrypted identities.
- In adherence to our commitment to User privacy, it is important for Users to carefully review and familiarize themselves with the details outlined in Our Privacy Policy. The Privacy Policy highlights the manner of data collection, mentioning the how, whys, and types of Information we gather from Users, providing insights into the purposes behind data collection and the circumstances under which it may be disclosed, always subject to the User's explicit consent. It is essential to highlight that the collection of Information serves as a fundamental requirement for delivering the full scope of Services available on Nexstem Platform.
- We strictly adhere to the principle governing our interaction with User Data. Our approach is defined by a commitment to refrain from accessing, processing, or utilizing User Data beyond the scope necessary for the operation, performance, and facilitation of the Nexstem Platform. Our primary objectives are centred around providing Services and continually enhancing the overall User experience on the Nexstem Platform.
- Users acknowledge and recognize the inherent risks associated with hosting data online, including potential unauthorized disclosure, manipulation, and deletion of Information and User Data. We make no explicit representation, warranty, or guarantee that User Data will remain undisclosed, as there exists the possibility of exposure or disclosure due to errors or the actions of third parties. However, it is important to emphasize that all Information collected is anonymized, ensuring that it cannot be employed to identify the User.
- Further, the Company retains the right, with or without prior notice, to permanently erase User Data in the event that the User's account is delinquent, suspended, or terminated, with such a status persisting for a period exceeding 30 days. Users are strictly prohibited from uploading or transmitting any data on the Nexstem Platform \that falls under a higher degree of protection as stipulated by applicable laws.
9. USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS.
- The Nexstem Platform may contain message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Posts or “Forums”), You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, You agree that when using a Posts or Forum, You shall not do any of the following (i) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (ii) Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information; (iii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents (iv) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer (v) Conduct or forward surveys, contests, or chain letters (vi) Download any file posted by another User of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- All Forums are public and not private communications. Chats, postings, conferences, and other communications by other Users are not endorsed by Us, and such communications shall not be considered reviewed, screened, or approved by Us. We reserve the right for any reason to remove without notice any contents of the Forums received from Users, including without limitation message board postings without notification.
- In no event shall the Company be held responsible for any Posts nor does the Company represents or endorses the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Posts nor shall the Company be liable for any loss or damages resulting from their use and/or appearance on the Nexstem Platform.
- By providing a Post to the Nexstem Platform, you undertake, represent and warrant to the Company that you have all necessary rights in and to that Post and all information it contains and that no such Post shall infringe any rights, of third parties, including without limitation, Intellectual Property Rights or other rights of any third parties or be otherwise defamatory, slanderous or hurtful to any particular person or group of people.
- By submitting any Post, you grant Us and our associate companies, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, and authorise others to use the Post in whole or in part, in any and all media, now known or hereafter developed, alone, or together or as part of any other type of material of any kind or nature.
- We will have the right to monitor, remove, suspend, destroy, use and change any Post and/or content that is available on or via any chat area or Nexstem Platform generally, in any manner that We may determine, in its sole discretion, at any time. Although We endeavour to periodically monitor the content posted on the Nexstem Platform, the Company will not be responsible for the views or opinions expressed by third parties on the Nexstem Platform.
- You agree that you will not use any Post and/or any part or all of the Nexstem Platform in contravention of these Terms.
- You further agree that you may use the Nexstem Platform for non-commercial purposes only. You may not submit Posts intended to promote and/or generate revenue for yourself and/or any third party business activity.
10. INTELLECTUAL PROPERTY RIGHTS
- Company retains all titles, rights and interests in and to the Nexstem Platform including, but not limited to all software and applications used to provide and operate the Nexstem Platform, including any source code, artwork, media, improvements, enhancements, updates, modifications or derivative works thereof, whether patentable or not.
- The content available on the Nexstem Platform, including but not limited to, AI-generated responses, User interactions, software, photographs, written content, images, graphics, audio, logos, video clips, and animations, is the exclusive property of the Company, its partners, licensors, and assignees. This content is protected under applicable intellectual property laws.
- Users are prohibited from publishing, transmitting, participating in the transfer or sale of, reproducing, creating derivative works from, distributing, publicly performing, or publicly displaying any of the materials or content on the Nexstem Platform, in whole or in part, without obtaining prior written consent from the Company.
- For permissions regarding modifying, publishing, transmitting, reproducing, creating derivative works from, or publicly displaying any materials or content on the Nexstem Platform, Users must contact legal@nexstem.ai.
- Company also owns and retain all right, title, and interest in and to the Company’s Brand.
11. RIGHT TO CANCELLATION
- The User expressly undertakes to provide to the Company only correct and valid information while accessing the Nexstem Platform and not make any misrepresentation of facts. Any default on part of the User would vitiate this Agreement and shall disentitle the User from availing the Services from Us.
- In case the Company discovers or has reasons to believe at any time during or after receiving a request for Services from the User that the request for Services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by the User, the Company, in its sole discretion, shall have the unrestricted right to take any steps against the User(s), including blacklisting that User from the Nexstem Platform and permanently terminating the User’s account.
- The User unequivocally indemnifies and holds harmless the Company of any such claim or liability and shall not hold Us responsible for any loss or damage arising out of measures taken by Us for safeguarding Our own interest and that of Our other Users.
12. INDEMNITY
The User agrees to indemnify, defend, and hold harmless the Company, along with its affiliates, agents, employees, directors, officers, managers, vendors, and suppliers, from and against any liabilities, losses, claims, damages, demands, investigations, suits, costs, and expenses (including legal fees and related costs) arising from or otherwise connected to the User's use of the Nexstem Platform. This indemnification includes, but is not limited to, any obligations that the User is required to perform under these Terms. Furthermore, the User agrees to hold the Company harmless from any third-party claims arising from their use of the Nexstem Platform, including any claims for damages to a third party, breach of these Terms, or violations of third-party rights, including Intellectual Property Rights. Additionally, the User agrees to indemnify the Company against any third-party claims related to legal disputes concerning originality, copyright issues, or infringements of third-party rights, including but not limited to copyright, property, or privacy rights.
13. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS, BE FREE FROM VIRUSES, THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, TABLET, MOBILE DEVICE OR DATA STORED ON IT, IS SOLELY YOURS.
14. LIMITATION OF LIABILITY
THE USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT WILL WE (INCLUDING, WITHOUT LIMITATION, OUR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICE, OR IMPROPER USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE MAY CHANGE THE SERVICE IN WHOLE OR IN PART AT ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH. THE COMPANY RESERVES THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE AT ANY TIME. YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR ENTIRE LIABILITY TOWARDS YOU UNDER THIS TERMS OR OTHERWISE SHALL ONLY BE IN CONNECTION WITH A REFUND OF THE MONEY CHARGED FROM YOU FOR THE USE OF THE NEXSTEM PLATFORM, UNDER WHICH THE UNLIKELY LIABILITY ARISES.
15. THIRD PARTY SERVICES AND WEBSITES
- Nexstem Platform may feature links to external websites or platforms, which are not under the control of the Company. These external sites have their own terms and privacy policies. When Users access these external sites through links on Nexstem Platform, they leave the Nexstem Platform’s servers and are subject to the terms and conditions of the respective external website or Nexstem Platform. We strongly advise Users to review the terms and conditions of these external sites before engaging in any transactions or activities.
- The Company does not endorse, approve, or verify the content available on these external websites or platforms. The inclusion of any third-party content or links on our Nexstem Platform should not be interpreted as an endorsement by Us of that content, website, or Nexstem Platform.
16. COMPATIBLE DEVICES
In order to be able view content on and use the Nexstem Platform, You will need to use a personal computer, smartphone, or other device that meets the system and compatibility requirements that We establish from time to time and is otherwise capable of interacting with the Service (each such device, a "Compatible Device"). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
17. GOVERNING LAW
The Laws of India shall govern these Terms, without regard to principles of conflicts of law. The Courts at Bengaluru, Karnataka, India shall have exclusive jurisdiction to deal with any dispute that may arise out of these Terms.
18. DISPUTE RESOLUTION
Any dispute between the User and the Company shall be resolved through amicable discussion between the parties. If the dispute is not resolved through amicable discussion between the parties within a period of 30 (thirty) days, the dispute shall be resolved through arbitration in accordance with Arbitration & Conciliation Act, 1996. The Parties shall mutually appoint a sole arbitrator and the venue of the arbitration shall be Bengaluru, Karnataka India. The arbitration shall be conducted in the English language.
19. INTERPRETATION
Headings are for convenience only and shall not be used to construe the terms of this Agreement.
20. SEVERABILITY
If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term shall be severed from this Agreement and the remaining term shall remain intact as it is.
21. ENTIRE AGREEMENT
By accessing or using the Services on the Nexstem Platform, you irrevocably agree to all the conditions stated in this Agreement, including the Privacy Policy. This Agreement supersedes any previous agreements communicated to you.
22. WAIVER
Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorised representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
23. AMENDMENTS
The Company may amend this Agreement from time to time by posting an amended version of this Agreement on the Nexstem Platform. User’s continued use of the Nexstem Platform after such amendment shall confirm User’s consent thereto.
24. FORCE MAJEURE
The Company shall not be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay is due to any event beyond the reasonable control of the Company or its affiliates, which prevents or substantially hinders the performance of its obligations under this Agreement. This includes, but is not limited to, natural disasters (such as earthquakes, hurricanes, floods, and wildfires), acts of terrorism, civil unrest, war, strikes, labour disputes, epidemics, pandemics, governmental actions or restrictions, national or regional emergencies, and interruptions or failure of utility services (including but not limited to electricity, telecommunications or internet services).
25. GRIEVANCE OFFICER
If You have any questions or concerns with respect to this Terms or the Nexstem Platform or any information contained thereon, You may contact Us by writing to Us at.
Grievance Officer: Abhishek Kateliya
E-mail ID: legal@nexstem.ai
Address: 4th floor, 19, KHB colony, 8th block, Koramangala, Bengaluru, India - 560095.
Last updated - January 01, 2025.