Terms of service

Overview

These terms and conditions of Service (“Terms” or “Agreement”) create a contract between
YOU (referred to as “User’ “You” or “Beneficiary”)
and
NERAM LABS PRIVATE LIMITED, Incubex HSR1, Plot No 102, 5&6, 17th Cross, 6th Sector, Near BDA Complex, HSR Layout, BANGALORE, Bangalore, Karnataka, India, 560102 (referred to as “NERAM”, “GRAPP,” “our,” “we,” or “us”)
In order to provide our Services (as defined below) through our apps, services, features, software, or website, we need to obtain your express agreement to our Terms. You agree to our Terms by registering, installing, accessing, or using our apps, services, features, software, or website. To confirm your understanding and acceptance of the Agreement, click “Agree”

Our Services

Whichever part of the world that you live, it is NERAM LABS PRIVATE LIMITED, Incubex HSR1, Plot No 102, 5&6, 17th Crs, 6th Sector, Near BDA Complex, HSR Layout, BANGALORE, Bangalore, Karnataka, India, 560102 that provides the services described below to you (collectively, “Services”) :

Connecting You With Other People. We provide ways for you to communicate with other GRAPP users including through messages voice, video calls, sending documents like invoices, bills, other forms of documents, images, showing your status, and sharing your location with others when you choose. We may provide a convenient platform that enables you to send and receive money to or from other users across our platform. GRAPP works with partners, service providers, and affiliated companies to help us provide ways for you to connect with their services. We use the information we receive from them to help operate, provide, and improve our Services.

Ways To Improve Our Services. We analyze how you make use of GRAPP, in order to improve all aspects of our Services described here, including helping businesses who use GRAPP measure the effectiveness and distribution of their services and messages. GRAPP uses the information it has and also works with partners, service providers, and affiliated companies to do this

Communicating With Businesses. We provide ways for you and third parties, like businesses, to communicate with each other using GRAPP, such as through order, transaction, and appointment information, service updates, and marketing. Messages you may receive containing marketing could include an offer for something that might interest you. We do not want you to have a spammy experience; as with all of your messages, you can manage these communications, and we will honor the choices you make in the GRAPP Application.

Safety And Security. We work to protect the safety and security of GRAPP by appropriately dealing with abusive people and activity and violations of our Terms. We prohibit misuse of our Services, harmful conduct towards others, and violations of our Terms and policies, and address situations where we may be able to help support or protect our community. We develop automated systems to improve our ability to detect and remove abusive people and activity that may harm our community and the safety and security of our Services. If we learn of people or activity like this, we will take appropriate action by removing such people or activity or contacting law enforcement. We share information with other affiliated companies when we learn of misuse or harmful conduct by someone using ourServices.

Global Access To Our Services. To operate our Services in an optimal way, we need to store and distribute content and information in data centers and systems around the world, including outside your country of residence. This infrastructure may be owned or operated by our service providers or affiliated companies.

Affiliated Companies. Whenever GRAPP wants, we would share information of you with other affiliate companies, vendors and service provides, subject those permitted under law.

About Our Services

Registration. You must register for our Services using accurate information, provide your current mobile phone number/other identification details, and, if you change it, update your mobile phone number using GRAPP feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.

In the event wrong details, including personal details, KYC details, Bank account details or such other details, are provided by you or other users for availing the Services, and as a result the transactions does not happen the way it was intended by any user or you, GRAPP shall not be liable for such wrong transactions or the losses suffered by any user.

Access to Address Book in phone. You provide us, all in accordance with applicable laws, the phone numbers or other identification details of other GRAPP users and your other contacts in your mobile address book on a regular basis, including for both the users of our Services and your other contacts. GRAPP need not take any specific permission from you other than this agreement, for this purpose.

Age. By registering, installing, accessing, or using our apps, services, features, software, or website, you confirm that you are of legal age (as per the laws of the country of which you are a citizen / domicile) to install, access, use, undertake and perform all the transactions facilitated by GRAPP.

Devices And Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via GRAPP from time to time, as necessary to provide our Services to you.

Fees And Taxes
Applicable Fee for GRAPP services: GRAPP may charge, from you, such fee and charges (“Fee” or “Charges”), for allowing you to use our Services. Fee excludes applicable taxes which shall be paid extra at prevailing rates. GRAPP may follow various model to charge for our Services. GRAPP also reserves the right to change the model from time to time without individual notice to you. The rates of Fee prevailing at every time would be published in NERAM website from time to time and you shall review the same to understand the rates of Fee and the model of charging the same. Although we hope you remain a GRAPP user, in case you disagree with the Fee, you can terminate your relationship with GRAPP anytime for any reason by deleting your account.

Given below is an illustration of one of the models that we may use. Please be informed that the below calculation is given only for illustrative purpose and does not indicate, in any way, the actual charges applicable be any Services.

Depending on the use of our Services, you may be a “Services Provider” or“Services Receiver”. Following model illustrates one of the Fee calculation methods.

(A) Service fee charged by Service Provider to Service User- INR 1,000.00

(B) GRAPP convenience Fee (0.15% on A above) – INR 01.50

(D) Total Invoice Amount charged to Service Receiver(A+B+C) – INR 1001.77

(E) Payment gateway charges (@ 1.9 % on A above – INR 19.00

(F) GST of 18% on E above – INR 3.48

(G) Settlement amount to Service Provider (A minus (E+F)) – INR 977.52

GRAPP does not collect the charges that any user charge to other users of GRAPP but only operate as a platform to enable transfer of such payments. Hence, GRAPP, under no circumstances, would be liable for any such payment to and from any users and no user can claim any refund or indemnification for loss or wrong charging or payments. Similarly, the Fee once charged by GRAPP for any transaction, also would not be refunded to user under any circumstances even on cases where the charges from/to one user to other became null and void.

Carrier charges: You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.

Refund Policy

Our Product is primarily focusing on collecting fee payments from the students and settling them to a beneficiary account through a Payment-Gateway. Once the payment settled to the beneficiary bank account, any dispute thereafter with respect to the payment should be resolved between the beneficiary and the payer. We will not assume any responsibility in this case.

Our company takes responsibility to investigate the incident and take appropriate action when,
(1)the payment is stuck in Payment-Gateway and not refunded to the payer automatically as per the payment gateway time limits and their policies,
(2)settlement to the beneficiary is not happened as per the payment gateway time limits and their policies.

Privacy Policy And User Data

GRAPP cares about your privacy. GRAPP [Privacy Policy] describes our information (including message) practices, including the types of information we receive and collect from you, how we use and share this information, and your rights in relation to the processing of information about you. The Privacy Policy sets out the legal basis for our processing of personal information about you, including the collection, use, processing, and sharing of such information, as well as the transfer and processing of such information to any countries globally where we have or use facilities, service providers, affiliated companies, or partners, regardless of where you use our Services.

Acceptable Use Of Our Services

Our Terms And Policies. You must use our Services according to our Terms and policies. If you violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you must not create another account without our permission. Any illegal use of GRAPP services by you would also attract necessary penalties and legal prosecution as per laws of the land

Legal And Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of GRAPP, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications, such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) pornography or other sexual content messages or documents or (g) involve any non-personal use of our Services unless otherwise authorized by us.

Harm To GRAPP Or Our Users. You must not (or assist others to) directly, indirectly, through automated or other means access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sub-license, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, de-compile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services in an unauthorized manner; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; or (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner.

Keeping Your Account Secure. You are responsible for keeping your device and your GRAPP account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

Third-Party Services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, other products and services. For example, you may choose payment gateways or use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third-party’s website that enables you to send information to your GRAPP contacts. Please note that these Terms and the [Privacy Policy] apply only to the use of our Services. When you use third-party services, their own terms and privacy policies will govern your use of those services.

Licenses

Your Rights. GRAPP does not claim ownership of the information that you submit for your GRAPP account or through our Services. You must have the necessary rights to such information that you submit for your GRAPP account or through our Services and the right to grant the rights and licenses in our Terms.

GRAPP’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, or other intellectual property rights unless you have our express permission. You may use the trademarks of our affiliated companies only with their permission, including as authorized in any published brand guidelines.

Your License To GRAPP. In order to operate and provide our Services, you grant GRAPP a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our [Privacy Policy].

GRAPP’s License To You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Reporting Third-Party Copyright, Trademark, And Other Intellectual Property Infringement. We may take action with respect to your account, including disabling or suspending your account, if you infringe the intellectual property rights of others.

Disclaimers

We will use reasonable skill and care in providing our Services to you and in keeping it a safe, secure and error-free environment, but we do not guarantee that GRAPP will always function without disruptions, delays, or imperfections. You use our services at your own risk and subject to the following disclaimers. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “GRAPP affiliates”) from any claim, complaint, cause of action, or controversy (together, “Claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. Your rights with respect to GRAPP are not modified by the foregoing disclaimer if the laws of your country of residence, applicable as a result of your use of our services, do not permit it.

Limitation Of Liability

Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services shall be limited to one thousand legal currency of India.
Your rights with respect to GRAPP are not modified by the foregoing limitation if the laws of your country of residence, applicable as a result of your use of our services, do not permit it.

Indemnification

If anyone brings a claim (“Third Party Claim”) against us related to your actions, information, or content on GRAPP, you will, to the extent permitted by law, indemnify and hold the GRAPP Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach of our Terms or of applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Third Party Claim. Your rights with respect to GRAPP are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.

Dispute Resolution

Irrespective of your country of domicile or the place where GRAPP is downloaded, installed or used, all disputes arising out of the use of GRAPP by you would be subject to jurisdiction of courts of Bangalore, Karnataka, India. This Agreement would be governed by the laws of India.

Availability And Termination Of Our Services

Availability Of Our Services. We would always try to improve our Services. That means we may add or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time without any notice. Events beyond our control including but not limited to force majeure events may affect our Services.

Termination. Although we hope you remain a GRAPP user, you can terminate your relationship with GRAPP anytime for any reason by deleting your account.

We may also modify, suspend, or terminate your access to or use of our Services anytime for suspicious or unlawful conduct, including for fraud, money laundering or if we reasonably believe you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with GRAPP: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” and “Other Conditions,”.

GRAPP may, without any notice to you, discontinue the Services at any time. In the event of such termination by us, Services would cease immediately. In the event GRAPP decides to provide a public notice to all users of the Services through some message on the App itself or in the website of NERAM, you should take it as notice of termination and make necessary alternate arrangements outside GRAPP to complete transactions with other users. GRAPP would not be liable for any uncompleted transaction at the time of termination. However, GRAPP would ensure that any amount that lies in GRAPP’s account, which belongs to you, is transferred to you within reasonable time.

Other Conditions

Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding GRAPP and our Services, and supersede any prior agreements.

We reserve the right to designate in the future that certain of our Services are governed by separate terms (where, as applicable, you may separately consent)

Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country without any notice whatsoever.

You will comply with all applicable Indian and non-Indian export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on Indian or non-Indian state governments restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a country which has been banned by Government of India to do business.

Any amendment to or waiver of our Terms requires our express consent. You have the right to terminate your relationship with GRAPP at any time by deleting your account.

We may amend or update these Terms. Unless otherwise required by law, we will provide you opportunity to review the revised Terms before continuing to use our Services. Please note that we may not be able to provide such notice for changes to these Terms that are required to address technical evolutions of our Services or for changes made for legal reasons, both of which will become effective immediately. Your continued use of our Services following the notice period of planned changes confirms your acceptance of our Terms, as amended. We hope you will continue using GRAPP, but if you do not agree to our Terms, as amended, you must stop using our Services by deleting your account.

All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third party. We hope you will continue using GRAPP, but if you do not agree to such an assignment, you must stop using our Services by deleting your account.

You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

Nothing in our Terms will prevent us from complying with the law.

Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

If we fail to enforce any of our Terms, it will not be considered a waiver.

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.

We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract. Also, in certain jurisdictions, you may have legal rights as a data subject, and our Terms are not intended to limit such rights that may not be waived by contract.

We always appreciate your feedback or other suggestions about GRAPP and our Services, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any obligation to compensate you for them.

Notice : Notice to GRAPP should be issued to the following address:

NERAM LABS PRIVATE LIMITED, Incubex HSR1, Plot No 102, 5&6, 17th Crs, 6th Sector, Near BDA Complex, HSR Layout, BANGALORE, Bangalore, Karnataka, India,560102.

You must include: (i) your name and residence address; (ii) the mobile phone number associated with your account; and along in the notice.

Intellectual Property Policy: Your Copyrights and Trademarks

NERAM LABS PVT. LTD. (“NERAM”, “GRAPP,” “our,” “we,” or “us”) is committed to helping people and organizations protect their intellectual property rights. Our users agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”). Our Terms do not allow our users to violate someone else’s intellectual property rights when using our Services, including their copyrights and trademarks.

As explained in more detail in our Privacy Policy, we do not retain our users’ messages in the ordinary course of providing our Services. We do, however, host our users’ account information, including our users’ profile picture, profile name, or status message, if they decide to include them as part of their account information.

Copyright

To report copyright infringement and request that GRAPP remove any infringing content it is hosting (such as a GRAPP user’s profile picture, profile name, or status message), please share the detail to GRAPP at the address mentioned under “Notice” clause of this Agreement.

Before you report a claim of copyright infringement, you may want to send a message to the relevant GRAPP user you believe may be infringing your copyright. You may be able to resolve the issue without contacting GRAPP.

Trademark

To report trademark infringement and request that GRAPP remove any infringing content it is hosting, please share the detail to GRAPP at the address mentioned under “Notice” clause of this Agreement. Before you report a claim of trademark infringement, you may want to send a message to the relevant GRAPP user you believe may be infringing your trademark. You may be able to resolve the issue without contacting GRAPP.

Cookies

About cookies

A cookie is a small text file that a website you visit asks your browser to store on your computer or mobile device.

How we use cookies

We use cookies to understand, secure, operate, and provide our Services. For example, we use cookies:

to provide GRAPP for web and desktop and other Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services;
to understand which of our FAQs are most popular and to show you relevant content related to our Services;
to remember your choices, such as your language preferences, and otherwise to customize our Services for you; and
to rank the FAQs on our website based on popularity, understand mobile versus desktop users of our web-based Services, or understand popularity and effectiveness of certain of our web pages.

How to control cookies

You can follow the instructions provided by your browser or device (usually located under “Settings” or “Preferences”) to modify your cookie settings. Please note that if you set your browser or device to disable cookies, certain of our Services may not function properly.