Terms of Service

Effective Date: March 17, 2024
Last Updated: Jan 23, 2025

IMPORTANT NOTICE: THESE TERMS OF SERVICE ("TERMS") CONTAIN AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. Please read these Terms carefully before accessing or using our Services.

Acceptance of Terms

By downloading, accessing, or using our products and services, developed by Bineural Technologies ("we", "us", or "our"), you agree to be legally bound by these Terms of Service ("Terms"). These Terms govern your access to and use of our products and services on all platforms and devices. If you do not agree with any part of these Terms, you must cease using our products and services immediately.

Definitions

For the purposes of these terms, "Services" refers to all digital offerings provided by Bineural technologies, including but not limited to the Bineural technologies website, web forms, Android applications, iOS applications, and any other software, tools, or services developed, owned, or operated by Bineural technologies. This also includes all updates, modifications, and extensions of these services.

Privacy Policy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, details how we collect, use, and protect your personal information, including location data. It is essential that you read and understand our Privacy Policy before using our products and services. Read our detailed Policy on Privacy here.

License & Restrictions

3.1 Grant of license

We grant you a limited, non-exclusive, non-transferable, revocable license to download and use our products and services on devices that you own or control, strictly in accordance with these Terms and the applicable end-user license agreement for the operating system on which our products and services operates.

3.2 Restrictions

You are not allowed to:

(a) Modify, disassemble, decompile, or reverse engineer our products and services.
(b) Rent, lease, loan, resell, sublicense, distribute, or otherwise transfer our products and services to any third party.
(c) Use our products and services for any unlawful purpose, or in a manner that interferes with or disrupts the integrity or performance of our products and services and its components.
(d) Create derivative works based on our products and services.

Content and Conduct

4.1 Prohibited Conduct

You are solely responsible for your conduct while accessing or using our App, and you agree not to engage in any of the following activities:
* Using our products and services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our products and services, or that could damage, disable, overburden, or impair the functioning of our products and services.
* Using or attempting to use another user’s account without authorization from such user and us.
* Bypassing or ignoring instructions contained in the robots.txt file, or other measures we use to restrict access or use of our products and services.

4.2 User Content

You may be able to submit, upload, publish, or otherwise make available textual, audio, and/or visual content through our products and services ("User Content"). You retain any rights you hold in your User Content but you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

Intellectual Property Rights (IPR)

Our products and services, including its text, graphics, user interface, visual interface, photographs, trademarks, logos, artwork, and computer code, are owned, controlled, or licensed by us and are protected by copyright and intellectual property rights laws. Except as expressly provided in these Terms, no part of our products and services and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise.

Indemnification

You agree to indemnify, defend, and hold Bineural Technologies harmless, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of our products and services, including, but not limited to, your User Content, any use of our products and services, content, services, and products other than as expressly authorized in these Terms.

Limitation of Liability

In no event will Bineural Technologies be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of our products and services, with the delay or inability to use our products and services, the provision of or failure to provide services, or for any content, software, products, services, and related graphics obtained through our products and services, or otherwise arising out of the use of our products and services, whether based on contract, tort, negligence, strict liability, or otherwise.

Termination

We reserve the right to terminate or restrict your access to our products and services if you violate these Terms or engage in any conduct that we consider harmful to other users, to our business, or to other information providers.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws applicable according to Indian judicial system, without giving effect to its conflict of laws provisions. You agree to submit to the personal jurisdiction of the courts located within Bengaluru, Karnataka for the purpose of litigating all such claims or disputes.

Prohibited Data Collection and Harvesting

The collection, harvesting, or aggregation of user data—including, but not limited to, mobile numbers and names—for any commercial use or the creation of databases is strictly forbidden. Violations will result in account suspension, legal action, and penalties in accordance with applicable laws.

Unauthorized Data Gathering

Manual or automated gathering of user data, such as mobile numbers, names, or other personal information, for any purpose other than direct, authorized communication through the platform is prohibited. Any violation of this rule constitutes a breach of these terms and will lead to immediate account suspension, permanent banning, and possible legal action.

Automated Data Collection Restrictions

The use of automated tools such as bots, spiders, or scrapers to access, extract, or gather information from the products and services, including user contact details, is prohibited. Any breach of this policy will result in legal consequences, including account suspension and legal proceedings.

Violations and Legal Consequences

By accessing or using our product and services, you agree to comply with all terms outlined in this agreement. Any violation of these terms may result in the suspension or termination of your account and access to our services. Additionally, Bineural Technologies reserves the right to pursue any and all legal remedies available, including but not limited to:

(a) Civil Claims: Bineural Technologies may seek damages, compensation for losses, or other remedies allowed under applicable law for any unauthorized use or misuse of its services.
(b) Injunctions: We may request a court order to prevent ongoing violations or misuse of Services.
(c) Criminal Prosecution: Where applicable, violations may also result in criminal prosecution under relevant data protection, cybersecurity, or fraud-related laws. (d) Fines and Penalties: Violators may be subject to fines and penalties under applicable data protection and cybersecurity regulations, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and the Indian Information Technology Act, 2000.

By using any part of Bineural Technologies Services, you agree to comply with these Terms of Service (“Terms”). Any violation of these Terms may result in immediate action by Bineural Technologies, which may include suspension or termination of your account, restrictions on your access, and pursuit of legal remedies.

Data Misuse and Unauthorized Access

Bineural Technologies takes the protection of personal data and its platform security very seriously. Any attempt to misuse, collect, scrape, or extract data (whether manually or through automated means) in violation of these Terms will result in severe consequences, including:

15.1 Termination of Account & Service

Your account will be immediately suspended, and access to all Bineural Technologies Services will be revoked

15.2 Civil Claims for Damages

Bineural Technologies may pursue civil claims for compensation related to unauthorized access, loss of revenue, reputational damage, or costs incurred due to the misuse of data.

15.3 Injunctions

Bineural Technologies may seek a court injunction to prevent ongoing or future unauthorized activities related to data extraction or scraping

15.4 Legal Liability under Data Protection Laws

Any misuse of personal data may constitute a breach of national or international data protection laws (e.g., GDPR, CCPA). Violators may face:

(a) Fines: In accordance with data protection regulations, fines of up to €20 million or 4% of the violator's global annual turnover (GDPR), or up to $7,500 per violation (CCPA).
(b) Prosecution: Where applicable, criminal prosecution for data breaches, unauthorized access, and other cyber crimes under national cybersecurity laws, such as the Indian Information Technology Act, 2000.

Use of Automated Systems (Bots, Scrapers)

The use of automated tools such as bots, scrapers, or crawlers to extract information from Bineural Technologies Services is strictly prohibited. Violators engaging in such activities will face:

16.1 Immediate Account Ban

Accounts identified as using such tools will be permanently banned from accessing any Bineural Technologies Services.

16.2 IP Blacklisting and Blocking

IP addresses involved in scraping or bot activity will be permanently blocked from accessing Bineural Technologies platforms

16.3 Cease-and-Desist Orders

Bineural Technologies may issue formal cease-and-desist letters to individuals or organizations found engaging in scraping or other automated activities. Failure to comply may result in escalation to legal action.

16.4 Legal Action Under Cybersecurity Law(s)

Such activities may violate laws such as the Computer Fraud and Abuse Act (CFAA) in the U.S., or similar laws in other jurisdictions. This may lead to both civil and criminal penalties, including:

(a) Fines: Violators may be held liable for statutory damages or other financial penalties.
(b) Charges: rs may be subject to criminal prosecution, with potential prison time and hefty fines.

IPR Infringement

Any unauthorized use, copying, distribution, or modification of Bineural Technologies intellectual property, including proprietary software, trademarks, or content, will result in legal action for Intellectual Property Theft, and Bineural Technologies will pursue immediate legal remedies for infringement, including:

(a) Claims for Damages: Financial compensation for lost profits, legal fees, and damage to intellectual property rights.
(b) Injunctions: Court orders to stop the infringing activities and prevent further use of intellectual property.
(c) Criminal Prosecution: In certain jurisdictions, intellectual property theft may result in criminal charges, including fines and imprisonment.

Fraudulent Activity

Engaging in fraudulent behavior such as identity theft, phishing, false representation, or impersonation on Bineural Technologies platforms will lead to:

(a) Account Termination and Permanent Ban: Accounts involved in fraudulent activity will be permanently suspended and blacklisted from using Bineural Technologies Services in the future.
(b) Reporting to Authorities: Fraudulent activities may be reported to law enforcement agencies, leading to:
(b.1) Criminal Prosecution: Depending on the severity of the fraud, violators may face criminal prosecution and be subject to fines, imprisonment, or both.
(b.2) Civil Litigation: Bineural Technologies reserves the right to file civil lawsuits seeking damages related to fraud and any harm caused to users or the platform.

Breach of Contract and Terms

If a user or entity engages in any action that constitutes a breach of these Terms or any contractual agreement with Bineural Technologies , the following actions may be taken:

(x) Termination of Contractual Agreements: Any contracts or business relationships with the violating party will be terminated with immediate effect.
(x) Monetary Penalties: Bineural Technologies may seek compensation for damages resulting from the breach, including legal fees, lost revenue, and punitive damages.
(x) Legal Remedies and Lawsuits: Bineural Technologies may file lawsuits to recover any financial losses incurred due to the breach, or to enforce specific performance of contractual obligations.

Legal Framework and Jurisdiction

(x) Governing Law: These Terms are governed by the laws applicable according to Indian judicial system, and any disputes arising from violations will be adjudicated in the courts of Bengaluru, Karnataka. All proceedings will be at Bangalore and nowhere else
(x) Cross-Border Enforcement: If violations involve users or entities outside Bengaluru, Karnataka, Bineural Technologies reserves the right to pursue legal remedies in international jurisdictions where applicable, in accordance with relevant laws and treaties.

Penalties for Corporate Violators

If a corporate entity or organization is found to be in violation of these Terms (e.g., through data scraping, unauthorized access, or intellectual property theft), Bineural Technologies may take the following additional actions:

(x) Corporate Fines and Damages: The entity may be subject to significant financial penalties, including fines imposed by data protection authorities (GDPR, CCPA) or claims for damages due to breach of contract.
(x) Public Disclosure: In cases where corporate violators engage in severe misconduct, Bineural Technologies may publicly disclose the actions taken against them to protect other users and partners.
(x) Business Relationship Termination: Bineural Technologies reserves the right to immediately terminate any business relationship or contract with the violating organization.

General Legal Rights and Remedies

(a) Investigations: Bineural Technologies may conduct internal investigations and audits to determine whether a user or entity has violated these Terms.

(b) Third-Party Involvement: Bineural Technologies may collaborate with third-party cybersecurity experts, legal counsel, and government authorities to investigate and prosecute violations. (c) Costs and Legal Fees: Any violator of these Terms may be responsible for covering all costs and legal fees associated with the enforcement of these Terms and the pursuit of legal remedies.

Changes to This Policy

We may change this "Terms of Use" policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy and, in some cases, provide you with additional notice, such as adding a statement to our homepage or emailing you notification. We encourage you to review this "Terms" regularly to stay informed about our information practices.

Data Center Issues and Indemnification

In the event of any data center issues or failures that result in data loss or unavailability of services, Bineural Technologies will not be held liable for the recovery of data as such failures are caused by factors outside Bineural Technologies control. These factors may include, but are not limited to, natural disasters, third-party service provider failures, or cyberattacks on the data center facilities.

We make every effort to ensure the integrity and availability of our services, but users agree to indemnify and hold Bineural Technologies harmless from any claims, damages, losses, or liabilities arising from the unavailability or loss of data due to such events. Users are advised to maintain independent backups of any critical data or information stored on Bineural Technologies servers and services.

Refund Policy for Paid Services During Downtime

In the event that any services or posts that you have paid for are unavailable due to data center issues or downtime, we will refund 95% of the amount charged during the period of downtime. This refund will only apply to services affected during the downtime and will be calculated based on the actual duration of the service disruption.

To request a refund, you must notify Bineural Technologies within 30 days of the downtime occurrence. Refunds will be processed within 60 days of receiving the refund request, subject to verification of the downtime claim.

Changes to This Policy

We may change this "Terms of Use" policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy and, in some cases, provide you with additional notice, such as adding a statement to our homepage or emailing you notification. We encourage you to review this "Terms" regularly to stay informed about our information practices.

Contact Us

If you have any questions about this "Terms" or our "Terms of Use", or if you wish to submit a request to exercise your privacy and terms right, please contact us at:

Email:
bineural@bineural.in

Address:
Bineural Technologies,
No 1760/13 Ground Floor,
1st B Main, 2nd Stage Rajajinagar,
Bangalore - 560010,
India


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