Effective as of 27 February, 2021 (the “Effective Date”). This Terms of Service document (the “Agreement”) is a legal agreement made between the individual or organization (“you”, “User” or “Customer”) using the Service or Services provided by napID., (“us”, “we”, “our”, or “napID”). By accepting this Agreement or using the Service(s), you represent and warrant that you are of legal age (as described further below) and have the authority to bind the User to the Agreement and applicable privacy policy.
About Us - napID. with a registered office located at Prince Infocity II, Unit No.1, 283/3 and 283/4, Perungudi, OMR, Chennai, Tamil Nadu, India 600096. napID allows only the actual owner of the digital id to login or to make payments
1. Account means your access to the napID mobile application, napID web application, napID API, napID Plugin, and/or napID user management dashboard services. When you create an Account, you will be asked to provide your email address. You must use true, accurate, current, and complete information to create and maintain your Account.
2. Device means the mobile device (phone, tablet, and the like) that you used to download and use the napID Services.
3. PIN means the Personal Identification Number you can set in order to view the user ids managed under napID user management dashboard on your account. The PIN can be 4 or 6 digits long.
We may modify this Agreement from time to time by providing you notification of material changes at least thirty (30) days in advance of the changes becoming effective, except in the case of changes in law or telecommunications providers that does not allow for thirty (30) days’ notice. The updated Agreement will be effective as of the latest Effective Date specified in the Agreement and will supersede all prior versions. Continuing to use the Services constitutes your acceptance of any changes to this Agreement.
“napID Services” or “Service” or “Services” refers to all products and services that napID currently provides or may provide in the future. As of the Effective Date, napID provides the following Services:
Service License – Subject to the terms of this Agreement, napID grants Users a non-exclusive, non-sublicensable, and non-transferable license to access and use the Services which are made available to Users.
Modifications – napID reserves the right to modify Services at any time, provided the modifications do not materially diminish the functionality of a Fee based Services that may be provided by napID and all napID Services continue to comply with the Service Level Agreement found in Section 14. You have the right to cancel your Service if we make a material modification to the Services or Service Level Agreement. Such cancellation will be treated as a cancellation for non-conforming Service under Section 26 and your remedies are limited to those spelled out in Section 26.
napID retains all proprietary rights, title, and interest in the napID Services, our logo, name, and other marks (the “napID Marks”) and all related intellectual property, whether registered or not, anywhere in the world, including, without limitation, all modifications, changes, enhancements, and derivative works. You agree that you will not use, register, or make derivative works of any business name, domain name, trademark, service mark, logo, slogan, or social media account name or handle which is based on, or in any way incorporates, in whole or in part, the napID Marks.
You may provide Feedback to napID at any time by emailing support@napid.co with the subject line “Feedback.” “Feedback” includes, but is not limited to, identifying potential errors, improvements, modifications, bug fixes, and enhancements. Any and all Feedback given by you and received by napID from you is owned by napID. You assign the full ownership in Feedback to napID. In the event that Feedback cannot be assigned, you grant napID, at no charge, an exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify, make derivate work from, and otherwise exploit the Feedback without restriction.
You recognize that in order to provide the napID Services, we must collect and store certain personal information about you. By entering into this Agreement and using the Services, you grant us consent to use and store such personal information about you. Except upon sign-up, napID will never use an email, SMS, or Phone Call to ask you for your username, PIN, or Password. In order to keep your Account and use of the Services secure, you should keep your username, PIN, and Password confidential. Please refer to the terms and conditions of our Privacy Policy to understand what personal information we may collect.
You may use our Services to access any legal online websites or activities so long as such use does not interfere with other Users’ use of our Services.
napID reserves the right to cancel your Account and deny you access to the napID Services if we believe that your use of the Services violates this provision or may cause harm to our other Users in any way.
napID has no access to your Account, Device, or data. napID does not have access to any of the service keys or OTP tokens generated by the application. You are responsible at all times for keeping track of the Password and/or PIN that you use to access the napID Services or your Device. If your device is lost, stolen, or damaged, you can register freshly with napID to continue use of service. If you lose or forget your PIN, you will not be able to access the napID view/edit/delete Services. All Passwords & PIN stored in our system are encrypted and we are unable to decrypted them. Except upon sign-up, napID will never use an email, SMS, or Phone Call to ask you for your username, PIN, or Password. In order to keep your Account and use of the napID Services secure, you should keep your PIN and Password confidential. We are not liable or responsible for any loss that may occur if a third party uses your PIN or Password.
The napID Services provided by us are not to be used by anyone under the age of 16. If we discover that you are under the age of 16, we reserve the right to cancel your Account and remove your access to all Services. By agreeing to this Agreement and using the Services, you represent that you are over the age of 16.
As of the Effective Date of this Agreement, napID is able to update the software supporting the napID Services without interruption to Users. However, if we need to interrupt Users’ access to Services in order to complete maintenance, we will inform all Users, via email, of the scheduled maintenance at least one (1) week in advance.
As of the Effective Date of this Agreement, all napID Services are on charge basis. The only Fees that are charged are for adding the user ids of your customers to safeguard them. In order to add the user ids, you must provide credit card information to our third-party payment processor such as Stripe or any other payment gateway or payment aggregator. We have no access to, and are not responsible for, any data you provide to Stripe or any other payment gateway or payment aggregator. If your method of payment has expired or is no longer valid, you will not be able to safeguard the user id or login process or payment process. Stripe or any other payment gateway or payment aggregator will send automatic reminders to you when your method of payment is set to expire or has been deactivated for any reason. It is your responsibility to keep your method of payment up to date with Stripe or any other payment gateway or payment aggregator.
For Fee based napID Services, if your method of payment is denied by our third-party payment processor, Stripe or any other payment gateway or payment aggregator, your Account will be suspended and you will not have access to the napID Services until you update your payment method to a valid form of payment. Accounts suspended for more than thirty (30) days due to non-payment will be cancelled. We are not responsible for any damages, liabilities, losses incurred, or any other consequences that you may suffer as a result of a suspended or cancelled Account.
When you request that we cancel your napID Services, please indicate if you are reducing the level of napID Services to non-Fee based napID Services (if available) or if you wish to cancel your Account entirely. If you cancel your Account entirely, we will delete all data associated with it, including personal data and Device data. In addition, if we cancel your Account for any reason specified in this Agreement, we will delete all data associated with it, including personal data and Device data. Once deleted, such data cannot be recovered. napID will maintain all records of payment and invoices for the period of time required by applicable governmental and regulatory bodies.
We will not refund Users for Fee based napID Service(s) for any reason except as described in the Limited Warranty Section 26 and for our breach of the Uptime guarantee found in Section 14.
We will notify you at least seven (7) days in advance of any pricing change to Fee based napID Service(s) that you are using. You may choose to continue to use napID Service(s) at the new price point or cancel your Account. All Fee based Account cancellations will be effective immediately, however, we will not refund you for any Fees already paid. When cancelling, you may elect to continue napID Service until the last day of your pre-paid napID Service period.
napID may make “Beta Versions” of new or improved napID Services available to you at no Fee or a reduced Fee. You may use Beta Versions at your discretion and at your own risk. napID does not guarantee that Beta Versions will be released as napID Services. Beta Versions may contain errors, bugs, and other defects and are provided without support of any kind. For the avoidance of doubt, Beta Versions are not napID Services and none of the Warranty Provisions found in Section 26 or Service Level Agreement Uptime guarantees found in Section 14 apply to Beta Versions. We may request your Feedback about Beta Versions and all Feedback received from you is made under the terms and conditions of Section 8.
Each Party agrees to comply with all laws, rules, and regulations applicable to the napID Services provided by napID and applicable to this Agreement. Applicable laws include, but are not limited to, import/export, privacy, and data protection laws and regulations. Each Party represents that it is not named on any United States Government denied party list, including the Office of Foreign Assets Control (OFAC)’s Specially Designated Nationals and Blocked Persons List. In addition, Users shall not permit access to or use any napID Service in a US embargoed country or in violation of any US export law or regulation. napID will, in accordance with applicable laws, cooperate with US local, US state, and US federal government authorities with respect to the napID Services. We retain the right to immediately cancel any napID Service, delete any Account, terminate the Agreement for your non-compliance with applicable laws.
We warrant that the napID Services will comply with the Service Level Agreement found in Section 14 of this Agreement. Remedies for non-compliance with the Service Level Agreement found in Section 14 are limited to those described in Section 14. We do not warrant that your use of the napID Service(s) will be timely, uninterrupted, or error free. In addition, we do not warrant that the napID Service(s) will operate in combination with any specific hardware, software, system, or data. You use the napID Service(s) at your sole risk. No warranties are express or implied except as set forth herein. All other warranties, including warranties of merchantability and fitness for a particular purpose, are expressly excluded from this warranty. Your sole and exclusive remedy for any cause of action arising out of any defective software or breach of this Agreement is limited to us providing conforming napID Service within five (5) days of your notice to us of non-conforming napID Service or your ability to cancel the napID Service at no charge and with a pro-rata refund of any pre-paid fees for the dates of non-conforming napID Service. Under no circumstances will we be liable for any indirect, special, incidental, or consequential damages or loss, including but not limited to loss of profits, loss of use, or loss of data, whether caused by breach of contract, negligence, or otherwise. Under no circumstances will our liability under this Agreement exceed the amount paid by you to us in the proceeding twelve (12) months. If your jurisdiction does not allow such limitations, the permissible limitations shall apply.
If you believe that the napID Services have been used in a way that constitutes copyright infringement, please notify us at support@napid.co with the subject line “DMCA” and a description of the infringing material in the body of the email. We will review the notification and comply with the procedures outlined in the Digital Millennium Copyright Act of 1998 (“DMCA”) to review and respond to such notifications.
In case of a breach of our system, we will post a notification to our Site and send a notification via email to Users who have provided us with an email address. If you believe that there has been a breach of your data, please notify us at support@napid.co with the subject line “Security Breach” and a description of the incident that you believe occurred in the body of the email.
napID’s website may contain links to other websites which are of interest to our Users. In addition, the napID API and napID Plugin are available on third-party websites. These third-party websites have separate and independent Terms of Use or Service. napID has no responsibility or liability for the content or activities of the websites accessible via the links and it is your responsibility to comply with any applicable Terms of Use or Service. napID is not responsible for and does not endorse any third-party website.
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