NEXORA CRM – Terms of Use

1. Acceptance of Terms

By accessing or using NEXORA CRM (the “Service”) provided by ECO NINE INNOVATIONS (“ECO NINE,” “we,” “us,” or “our”), you (“you,” “your,” or “User”) agree to be legally bound by these Terms of Use (“Terms”) and our Privacy Policy. You must be at least 18 years old, legally competent, and not subject to export restrictions to use this Service. If you do not agree, you may not access or use the Service.

2. Service Description and Trial Terms

A. Service Nature
NEXORA CRM is a subscription-based cloud platform provided “as is.” No free, freemium, or white-label versions are available.

B. Trial Access
We may offer time-limited trial access solely for internal evaluation. Trials must not be used for production, commercial, or competitive purposes. We reserve the right to modify, restrict, or terminate trial access without notice.

C. Trial Disclaimer
Trial accounts are unsupported and provided without warranty. ECO NINE assumes no responsibility for data loss during or after the trial. All data may be deleted post-trial unless you convert to a paid subscription.

3. User Responsibilities and Restrictions

A. Account Security
You are solely responsible for safeguarding your login credentials. Any activity under your account will be deemed your action. Notify us immediately of unauthorized use.

B. Prohibited Activities

• Upload illegal, defamatory, obscene, or infringing content.
• Engage in spamming, bulk messaging, or automated messaging using the platform (including WhatsApp, SMS, or email tools).
• Reverse engineer, probe, hack, or interfere with the Service’s functionality.
• Share, sublicense, or resell the Service without prior written consent.
• White-label, bundle, or integrate the Service with other offerings.
• Misuse ECO NINE’s name, logo, or proprietary content.

C. Compliance with Policies
You must comply with all ECO NINE-published policies including acceptable use, data handling, and security guidelines. ECO NINE may suspend or terminate access for any violations.

4. User Content and Data Responsibility

A. Ownership and License
You retain ownership of all content you submit (“User Content”). By uploading content, you grant ECO NINE a limited license to process, store, and display it solely to provide the Service.

B. Data Risks and Liability
You understand that ECO NINE does not pre-screen or monitor your content. ECO NINE disclaims liability for any unauthorized access, misuse, or breach involving User Content. You upload content at your own risk.

C. Privacy Compliance (India’s DPDP Act)
As the Data Fiduciary (Controller), you are solely responsible for ensuring that personal data collected, stored, or processed through NEXORA CRM complies with applicable data protection laws. ECO NINE acts solely as a Data Processor. You must obtain all legally required consents and authorizations for data usage.

5. Warranty Disclaimer

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. ECO NINE expressly disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted service. No Service Level Agreement (SLA) is offered unless specified separately in writing.

6. Limitation of Liability

To the maximum extent permitted by applicable law:

• ECO NINE shall not be liable for indirect, incidental, special, or consequential damages including loss of business, profits, or data.
• Our maximum aggregate liability shall not exceed the amount you paid in the preceding 12 months or the minimum amount required under applicable law.

These limitations do not apply to damages resulting from ECO NINE’s gross negligence or willful misconduct, or where such limitations are prohibited by law.

7. Indemnification

You agree to indemnify, defend, and hold harmless ECO NINE, its proprietor, directors, employees, and agents from and against any claims, liabilities, losses, or expenses (including legal fees) arising from:

• Your breach of these Terms or applicable law.
• Content you submit or upload.
• Unauthorized use of the Service.

8. Force Majeure (Including Acts of God)

ECO NINE will not be liable for any delay or failure in performance due to causes beyond our reasonable control. This includes but is not limited to Acts of God (e.g., floods, earthquakes), war, terrorism, pandemics, civil unrest, strikes, internet outages, government action, or power failures.

9. Export Control Compliance

You shall not use or export the Service in violation of any applicable export or import laws in India or elsewhere. The Service may not be used in jurisdictions under embargo or restriction.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of India. Disputes shall be resolved exclusively through binding arbitration under the Arbitration and Conciliation Act, 1996, conducted in English at Ranga Reddy District, Telangana, India. The arbitral award shall be final and binding. Parties waive any right to approach civil courts for such matters.

11. Miscellaneous

• Entire Agreement: These Terms and our Privacy Policy form the entire agreement and supersede all prior arrangements.
• Severability: If any clause is held unenforceable, the rest shall remain valid.
• Assignment: You may not assign your rights under these Terms without our consent. We may assign rights without restriction.
• Waiver: Any waiver must be in writing and shall not be deemed a continuing waiver.