Terms of Usage | Nayra AI

These terms and conditions ("Terms") govern the use by any User of CONCIERGE AI PRIVATE LIMITED, having its registered office at CSC 2 F/F B Block Surajma, Surajmal Vihar, Shahdara, Shahdara, Shahdara- 110092, Delhi, CIN NO.- U62090DL2025PTC443871, The Company is engaged inter alia in the business of providing AI call screening services (hereinafter referred to as "Terms of Use"). These Terms must be read in conjunction with the privacy policy ("Privacy Policy") of the Company published at https://nayra.ai/privacy-policy. This is a legal agreement between CONCIERGE AI PRIVATE LIMITED, (hereinafter referred to as "Company", "Our", "We" or "Us" as applicable), and any usage of the Company Services shall denote acceptance by such Users of these Terms (together with any Service specific terms or policies that are embedded or incorporated by reference herein) and the Privacy Policy (together referred as "Agreement"). These Terms and the Privacy Policy together constitute a legal agreement ("Agreement") between you and CONCIERGE AI PRIVATE LIMITED in connection with your visit to the Website and your use of the Services (as defined below).

These "Terms of Use" contain provisions that define Your limits, legal rights and obligations with respect to Your use and participation in The Website, you engage in our "Service", Communication system and mobile application, including classified advertisements, forums, various email, chat functions and all content and Services (as defined below) available through the domain and sub-domain of the Company located at LINK OF THE WEBSITE as well as the Mobile Application and Communication System associated with the Company (hereinafter collectively referred to as the "Platform").

Please read the Terms of Use and Privacy Policy carefully before using, registering or downloading any materials from the Website or accessing any Services (as defined) or information available on the Website. Thereupon, You agree that by accessing the Website, You have read, understood and agree to be legally bound by all these Terms of Use.

In any case, if You do not agree with all of these Terms of Use, then You are expressly prohibited from using the Website or accessing the related services and You must discontinue use immediately. YOU SHOULD NOT CLICK TO AFFIRM YOUR ACCEPTANCE THEREOF. YOU FURTHER ACKNOWLEDGE THAT WOOFILY WILL IN NO WAY BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGES OR LOSS OF OPPORTUNITY WITH RESPECT TO ANY TRANSACTIONS PERFORMED BETWEEN YOU AND ANY OTHER PARTY MADE VIA THE PLATFORM.

Further, by furnishing Your Personal Information (as defined in the Privacy Policy, "Personal Information") to CONCIERGE AI PRIVATE LIMITED or giving Your consent to CONCIERGE AI PRIVATE LIMITED to access Your Personal Information for the purpose of rendering the Services. You also agree that you are interested in availing the Services through the Website in accordance with these Terms of Use.

By accessing or using any version of the Website, You signify that You have read, understood and agree to be bound by these Terms of Use, the Privacy Policy of CONCIERGE AI PRIVATE LIMITED and any other applicable laws.

The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Us to any registration requirement within such jurisdiction or country. Accordingly, the Users who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Website is not tailored to comply with industry-specific regulations, so if Your interaction would be subject to such laws, You may not use this Website.

The Website is intended for Users who are at least 18 years old. Persons under the age of 18 years are not permitted to use or register for the Website.

This Terms of Use is electronic record. The Terms of Use are generated by a computer system and do not require any physical or digital signatures.

1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions ("Terms") and the privacy policy available at https://nayra.ai/privacy-policy ("Privacy Policy") before you decide to access the Website or avail the services made available on the Website by CONCIERGE AI PRIVATE LIMITED. These Terms and the Privacy Policy together constitute a legal agreement ("Agreement") between you and CONCIERGE AI PRIVATE LIMITED in connection with your visit to the Website and your use of the Services (as defined).

The Agreement applies to you whether you are -

An Individuals who utilize the AI Assistant for personal or business purposes or Businesses that utilize the AI Assistant for its purpose ("End-User", "you" or "User"); or
NAYRA.AI is the cross-platform application (herein referred to as the "Application") of CONCIERGE AI PRIVATE LIMITED
Any third party who interacts with the AI Assistant ("Caller")
Otherwise, a user of the Website ("you" or "User").

The Services may change from time to time, at the sole discretion of CONCIERGE AI PRIVATE LIMITED, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@nayra.ai.

By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

Your access to use of the Website and the Services will be solely at the discretion of CONCIERGE AI PRIVATE LIMITED.

The Agreement is published in compliance of, and is governed by the provisions of Indian and Global laws, including but not limited to:

the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules"), General Data Protection Regulation (GDPR) and Health Insurance Portability and Accountability Act (HIPAA).

2. CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to CONCIERGE AI PRIVATE LIMITED that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

3. TERMS OF USE APPLICABLE TO ALL USERS

The terms in this Clause 3 are applicable only all Users.

3.1 USERS AND DATA PRIVACY

The terms "personal information" and "sensitive personal data or information" is defined as "Any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, and the same definition is zreproduced in the Privacy Policy.
CONCIERGE AI PRIVATE LIMITED may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of CONCIERGE AI PRIVATE LIMITED's services and to build new services.
The Website allows CONCIERGE AI PRIVATE LIMITED to have access to registered Users' personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback.
The Privacy Policy sets out, inter-alia:
1. The type of information collected from Users, including sensitive personal data or information;
2. The purpose, means and modes of usage of such information;
3. How and to whom CONCIERGE AI PRIVATE LIMITED will disclose such information; and,
4. Other information mandated by Applicable Laws.
The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
1. the fact that certain information is being pulled;
2. the purpose for which the information is being pulled;
3. the intended recipients of the information;
4. the nature of collection and retention of the information; and
5. the name and address of the agency that is collecting the information and the agency that will retain the information; and
6. the various rights available to such Users in respect of such information.
CONCIERGE AI PRIVATE LIMITED shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User or Caller to CONCIERGE AI PRIVATE LIMITED or to any other person acting on behalf of CONCIERGE AI PRIVATE LIMITED.
The User is responsible for maintaining the confidentiality of the User's account access information and password, if the User is registered on the Website/Application. The User shall be responsible for all usage of the User's account and password, whether or not authorized by the User. The User shall immediately notify CONCIERGE AI PRIVATE LIMITED of any actual or suspected unauthorized use of the User's account or password. Although CONCIERGE AI PRIVATE LIMITED will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CONCIERGE AI PRIVATE LIMITED or such other parties as the case may be, due to any unauthorized use of your account.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or CONCIERGE AI PRIVATE LIMITED has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CONCIERGE AI PRIVATE LIMITED has the right to discontinue the Services to the User at its sole discretion.
CONCIERGE AI PRIVATE LIMITED may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
CONCIERGE AI PRIVATE LIMITED reserves the right to share the information provided by the Caller with the End User and/or conversation of the Caller with CONCIERGE AI PRIVATE LIMITED
CONCIERGE AI PRIVATE LIMITED reserves the rights to display sponsored ads on the Website. These ads would be marked as "Sponsored ads". Without prejudice to the status of other content, CONCIERGE AI PRIVATE LIMITED will not be liable for the accuracy of information or the claims made in the Sponsored ads. CONCIERGE AI PRIVATE LIMITED does not encourage the Users to visit the Sponsored ads page or to avail any services from them. CONCIERGE AI PRIVATE LIMITED will not be liable for the services of the providers of the Sponsored ads.

You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and CONCIERGE AI PRIVATE LIMITED accepts no liability for the same.

The User agrees to use the Services in a lawful, ethical, and respectful manner. The User shall not use the Services to:
- Harass, abuse, or intimidate any caller.
- Use discriminatory, offensive, or obscene language towards any caller.
- Engage in any conduct that is defamatory, libelous, or slanderous towards any caller.
- Make any threats or engage in any other behavior that may be considered unlawful or harmful.
- Disclose any confidential or private information ny caller without their consent.

The Company shall not be liable for any actions or conduct of the User, including but not limited to any harassment, discrimination, or other wrongful conduct by the User towards any caller or any other third party. The User shall be solely responsible for any and all consequences arising from their use of the Services.

3.2 RELEVANCE ALGORITHM

CONCIERGE AI PRIVATE LIMITED's relevance algorithm for the User is a fully automated system that shows the User, their profile and information regarding the Call on its Application. These listings of Users do not represent any fixed objective ranking or endorsement by CONCIERGE AI PRIVATE LIMITED. CONCIERGE AI PRIVATE LIMITED will not be liable for any change in the relevance which may take place from time to time. The listing of Calls will be based on automated computation of the various factors including inputs made by the Callers including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. CONCIERGE AI PRIVATE LIMITED in no event will be held responsible for the accuracy and the relevancy of the listing on the Application.

3.3 CONTENT AND DISSEMINATING INFORMATION

CONCIERGE AI PRIVATE LIMITED collects, directly or indirectly, and displays on the Website/Application, relevant information regarding the Caller on the Website/Application. Although CONCIERGE AI PRIVATE LIMITED screens and vets the information submitted by the Callers, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
The Services provided by CONCIERGE AI PRIVATE LIMITED or any of its licensors or service providers are provided on an "as is" and "as available' basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). CONCIERGE AI PRIVATE LIMITED does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. CONCIERGE AI PRIVATE LIMITED does not guarantee the accuracy or completeness of any content or information provided by Callers on the Application. To the fullest extent permitted by law, CONCIERGE AI PRIVATE LIMITED disclaims all liability arising out of the User's use or reliance upon the Website/Application, the Services, representations and warranties made by Users, the content or information provided by the Callers on the Application, or any opinion or suggestion given or expressed by CONCIERGE AI PRIVATE LIMITED.
The Website may be linked to the website of third parties, affiliates and business partners. CONCIERGE AI PRIVATE LIMITED has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that CONCIERGE AI PRIVATE LIMITED endorses the linked site. User may use the links and these services at User's own risk.
CONCIERGE AI PRIVATE LIMITED assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Website/Application or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Website.
If CONCIERGE AI PRIVATE LIMITED determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, CONCIERGE AI PRIVATE LIMITED reserves the right to immediately suspend your access to the Website or any of your accounts with CONCIERGE AI PRIVATE LIMITED and makes such declaration on the website alongside your name as determined by CONCIERGE AI PRIVATE LIMITED for the protection of its business and in the interests of Users. You shall be liable to indemnify CONCIERGE AI PRIVATE LIMITED for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected CONCIERGE AI PRIVATE LIMITED or its Users.

3.4 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

The contents listed on the Website are belong to CONCIERGE AI PRIVATE LIMITED. The information that is collected by CONCIERGE AI PRIVATE LIMITED directly or indirectly from the End- Users CONCIERGE AI PRIVATE LIMITED. Copying of the copyrighted content published by CONCIERGE AI PRIVATE LIMITED on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and CONCIERGE AI PRIVATE LIMITED reserves its rights under applicable law accordingly.
The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "CONCIERGE AI PRIVATE LIMITED Content"), are the property of CONCIERGE AI PRIVATE LIMITED and are protected under copyright, trademark and other laws. User shall not modify the CONCIERGE AI PRIVATE LIMITED Content or reproduce, display, publicly perform, distribute, or otherwise use the CONCIERGE AI PRIVATE LIMITED Content in any way for any public or commercial purpose or for personal gain.

3.5 FEEDBACK

By using this Website/Application, you agree that any information shared by you with CONCIERGE AI PRIVATE LIMITED will be subject to our Privacy Policy.

You are solely responsible for any feedback that you choose to submit for publication on the Website/Application.

CONCIERGE AI PRIVATE LIMITED reserves the right to moderate the suggestions made by the End User through feedback

3.6 RECORDS

CONCIERGE AI PRIVATE LIMITED may provide End-Users with a facility known as 'Records' on its Website/Application 'CONCIERGE AI PRIVATE LIMITED'. The information available in your Records is of one type User-created, information uploaded by you or information generated during Caller and CONCIERGE AI PRIVATE LIMITED interaction.

The specific terms relating to Records are as below, without prejudice to the rest of these Terms and the Privacy Policy:

Your Records is only created after you have signed up and explicitly accepted these Terms.
The Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, CONCIERGE AI PRIVATE LIMITED is not liable for any interruption that may be caused to your access of the Services.
The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by CONCIERGE AI PRIVATE LIMITED. CONCIERGE AI PRIVATE LIMITED is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the CONCIERGE AI PRIVATE LIMITED app.
It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. CONCIERGE AI PRIVATE LIMITED is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with CONCIERGE AI PRIVATE LIMITED.
CONCIERGE AI PRIVATE LIMITED uses industry–level security and encryption to your Records. However, CONCIERGE AI PRIVATE LIMITED does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform CONCIERGE AI PRIVATE LIMITED of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@nayra.ai.
If you access your dependents' Records by registering your dependents with your own Records, you are deemed to be responsible for the Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. CONCIERGE AI PRIVATE LIMITED assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify CONCIERGE AI PRIVATE LIMITED and its officers against any such claim or liability arising out of unauthorized use of such information.
In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Records will be deleted.
You may lose your "User created" record, if the data is not synced with the server.
CONCIERGE AI PRIVATE LIMITED is not liable if for any reason, Records are not delivered to you or are delivered late despite its best efforts.
The Records are shared with the phone numbers that are provided by you. CONCIERGE AI PRIVATE LIMITED is not responsible for adding the Records with incorrect numbers if those incorrect numbers are provided by the you.
CONCIERGE AI PRIVATE LIMITED will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Records for any reason.

4. TERMS OF USE FOR END USERS

4.1

The terms in this Clause 4 are applicable only to END USERS.

CONCIERGE AI PRIVATE LIMITED reserves the right to take down any End User's profile, with or without notice to the End User concerned. If any information in connection with you and your profile is found to be incorrect, you are required to inform to update such information or inform CONCIERGE AI PRIVATE LIMITED immediately to make the necessary amendments.
CONCIERGE AI PRIVATE LIMITED shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the End User as a result of any disclosures by the End User or information gathered by CONCIERGE AI PRIVATE LIMITED from the caller. If the User had revoked such consent under the terms of the Privacy Policy, then CONCIERGE AI PRIVATE LIMITED shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by CONCIERGE AI PRIVATE LIMITED prior to its actual receipt of such revocation.
You as a End User hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and CONCIERGE AI PRIVATE LIMITED accepts no liability for the same.
If CONCIERGE AI PRIVATE LIMITED determines that you have provided inaccurate information or enabled fraudulent feedback, CONCIERGE AI PRIVATE LIMITED reserves the right to immediately suspend any of your accounts with CONCIERGE AI PRIVATE LIMITED.

4.2 PROFILE OWNERSHIP AND EDITING RIGHTS

CONCIERGE AI PRIVATE LIMITED ensures easy access to the End User by providing a tool to update your profile information. However, CONCIERGE AI PRIVATE LIMITED takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates to such profile.

4.3 RELEVANCE ALGORITHM

CONCIERGE AI PRIVATE LIMITED has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results for the End Users.

CONCIERGE AI PRIVATE LIMITED provides End Users information to connect with Callers and integrates with your other applications for which your permission is required, the list of following applications and its policy is mentioned in Privacy Policy.

CONCIERGE AI PRIVATE LIMITED will ensure End Users are provided confirmed open slots in your calendar to follow up on calls initially processed by the CONCIERGE AI PRIVATE LIMITED system. However, CONCIERGE AI PRIVATE LIMITED has no liability if such an appointment is later cancelled by the End User, or the same Caller is not available for appointment.

4.4 END USER UNDERTAKING

The End User is and shall be duly registered with CONCIERGE AI PRIVATE LIMITED for it to avail of the services.

4.5 Cancellation and Refund Policy

In the event that, the End User who has paid for the Subscription amount via the Website/Application that are seeking for Service from CONCIERGE AI PRIVATE LIMITED, can also cancel their subscription. In case, where We have failed to provide the services as per the agreement, we shall be liable to refund for the said services. The End User is required to inform CONCIERGE AI PRIVATE LIMITED for such issue either on Website or Application or can reach to us on fz-at-nayra.ai (replace "-at-" with "@") within 45 days from the occurrence of such event we shall review it on a case to case basis, it is not an entitlement. We will not be liable to refund the User in cases of force majeure or outages where We do not have control over the resolution time. We are not obliged to make any refund if the subscriptions have been bought at a discount.

Your request will typically be processed within 30 days of receipt of this claim. The refund after deducting taxes as applicable and payment transaction charges of your claim will be processed by depositing payment in clients bank account.

5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

5.1

CONCIERGE AI PRIVATE LIMITED hereby informs Users that they are not permitted 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, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
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;
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 any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

5.2

Users are also prohibited from:

violating or attempting to violate the integrity or security of the Website or any CONCIERGE AI PRIVATE LIMITED Content;
transmitting any information on or through the Website that is disruptive or competitive to the provision of Services by CONCIERGE AI PRIVATE LIMITED;
intentionally submitting on the Website any incomplete, false or inaccurate information;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the CONCIERGE AI PRIVATE LIMITED Content or other information available from the Website;
framing or hot linking or deep linking any CONCIERGE AI PRIVATE LIMITED Content.
circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

5.3

CONCIERGE AI PRIVATE LIMITED, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. CONCIERGE AI PRIVATE LIMITED shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

5.4

In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, CONCIERGE AI PRIVATE LIMITED has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.

5.5

CONCIERGE AI PRIVATE LIMITED may disclose or transfer User-generated information such as sensitive personal data or information including any information, to any other body corporate or a person located in any other country, to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. Such transfer is necessary for the performance of the lawful contract between CONCIERGE AI PRIVATE LIMITED or any person on its behalf and the User or where the User has consented to data transfer.

5.6

CONCIERGE AI PRIVATE LIMITED respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

6. TERMINATION

6.1

CONCIERGE AI PRIVATE LIMITED reserves the right to suspend or terminate a User's access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,

Such User breaches any terms and conditions of the Agreement;
A third party reports violation of any of its right as a result of your use of the Services;
CONCIERGE AI PRIVATE LIMITED is unable to verify or authenticate any information provide to CONCIERGE AI PRIVATE LIMITED by a User;
CONCIERGE AI PRIVATE LIMITED has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
CONCIERGE AI PRIVATE LIMITED believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for CONCIERGE AI PRIVATE LIMITED or are contrary to the interests of the Website.

6.2

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User's record keeping process and practices.

7. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall CONCIERGE AI PRIVATE LIMITED, or any of its directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User's provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
any unauthorized access to or alteration of your transmissions or data; or
any other matter relating to the Website or the Service.

8. RETENTION AND REMOVAL

CONCIERGE AI PRIVATE LIMITED may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information. Computer web server logs may be preserved as long as administratively necessary.

9. APPLICABLE LAW AND DISPUTE SETTLEMENT

9.1

You agree that this Agreement and any contractual obligation between CONCIERGE AI PRIVATE LIMITED and User will be governed by the laws of the specific country where the User is located.

9.2

Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by CONCIERGE AI PRIVATE LIMITED. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

9.3

Subject to the above Clause 9.2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

10. CONTACT INFORMATION GRIEVANCE OFFICER

10.1

If a User has any questions concerning CONCIERGE AI PRIVATE LIMITED, the Website, this Agreement, the Services, or anything related to any of the foregoing, CONCIERGE AI PRIVATE LIMITED customer support can be reached at the following support-at-nayra.ai (replace "-at-" with "@") or via the contact information available from the following hyperlink: https://nayra.ai/support

10.2

If you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer Prashant Sharma through our Contact Us page or write an email to prashant-at-nayra.ai (replace "-at-" with "@")

11. SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

12. WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by CONCIERGE AI PRIVATE LIMITED. Any consent by CONCIERGE AI PRIVATE LIMITED to, or a waiver by CONCIERGE AI PRIVATE LIMITED of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.