Terms
INTRODUCTION
Personal data refers to any information which can be used to identify you, such as your name, email addresses, phone number, or billing information (Personal Data). This Privacy Policy explains what Personal Data we process, why we process it, how we use it, with whom we share your Personal Data, and your rights regarding your Personal Data, when you access, register on, browse and use our Services.
This Privacy Policy must be read along with the Terms (available at: [•]) and the Agreement referenced thereunder. Capitalised terms not defined here shall have the same meaning as under the Terms.
DEFINITIONS
(a) Grievance Redressal Officer: means officer appointed by Navana.ai for addressing the grievance raised.
(b) Grievance Redressal Policy: means the grievance redressal policy which provides a process for
resolution by Navana.ai of the grievances, queries or concerns raised.
(c) Intellectual Property Rights: means rights relating to copyrights, trademarks, service marks,
trade dress, logos, domain names, design rights, database rights, patents, together with any
translation, adaptation and combination of such rights, and including any associated goodwill and all other intellectual property rights of any kind, whether or not they are registered or
unregistered (anywhere in the world).
(d) Services: means the website, Software, and the Services provided by Navana.ai.
(e) Users: means anyone who access or uses the Services.
ELIGIBILITY
Use of the Services is permitted only by businesses and professionals with the legal capacity to enter into binding agreements. By accessing or using the Services, you affirm that you are authorized and are competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You further represent and warrant that you are not located in a country or have presence in a country that is subject to Indian Government’s embargo, or that has been designated by the Indian Government as a “terrorist-supporting” country, and that you are not listed on any Indian Government list of prohibited or restricted entities.
ACCOUNTS AND REGISTRATION
(a) You may be required to register with Navana.ai for creating an account, and provide certain information for accessing or using the account or Services, such as User email address (personal or Client operated, as applicable), contact information or other relevant information. You agree that the information provided by you to us, is and will be accurate and up-to-date at all times.
(b) You are solely responsible for maintaining the confidentiality of any access credentials (e.g. username and password) or any access controls provided to you. If you have any reason to believe that your account is no longer secure, you agree to inform us as soon as possible. The Services are meant for business use, and we retain the unconditional right to suspend or terminate access or use of the Services, in case of any breach of these Terms, our Privacy Policy, the Agreement (if applicable) or applicable laws.
SERVICES
(a) Navana.ai offers a platform to launch telephony agents, APIs to AI speech models and services to scale and fine-tune the aforesaid technology, for both the BFSI and non-BFSI industries. If your access has been authorised by a Client, specifics of the Services available to you shall depend on the Agreement executed between the Parties. The specifics of our Services can be accessed on our website at - https://navana.ai/ .
(b) Navana.ai shall provide you (a) access or use of the Services, in accordance with these Terms, our Privacy Policy and, if applicable, the Agreement(s) executed with the Client; (b) support for the Services in accordance with our SLAs; and (c) the subscription plan as specifically agreed between the Parties.
OWNERSHIP
The Services and all copyrights, patents, trademarks, service marks, tradenames and all other Intellectual Property Rights are owned by Navana.ai and/or its licensors, and are protected by applicable laws.
LIMITED LICENSE AND RESTRICTIONS
Subject to your compliance with these Terms, our Privacy Policy, and any specific terms of any Agreement(s) which may be executed by Navana.ai with the Client, and for the duration of the subscription term as agreed between the Parties, we hereby grant you, a revocable, non-exclusive, non-sublicensable, non-transferable license (“License”) to access and use the Services provided by Navana.ai, solely for your internal business purposes. No rights, title or interest in the Services will be deemed or construed to be transferred to you.
ACCEPTABLE USE
FEES; PAYMENT; CANCELLATION AND REFUND
(a) Subscription Fees: Subject to these Terms, our Privacy Policy and the terms of Agreement executed by Navana.ai, you will have access to the Services on a subscription basis. Access to the Services, or certain features of the Service, may now or in the future require the payment of fees such as subscription fees (“Fees”). Fees shall be expressly agreed between Navana.ai and you, and Fees shall be charged by Navana.ai in Indian Rupees, or such other method specified in the applicable Agreement. Unless otherwise provided in the Agreement between the Parties, Fees shall be due in full, and payable in advance, in accordance with these Terms, when you subscribe to the Services. We expressly reserve the right to modify the Fees payable for subscription to the Services, upon the renewal of such subscription. The Fees shall be exclusive any goods and services tax (GST) such similar applicable taxes.
(b) Payment: Unless otherwise agreed in an Agreement executed the Parties, you hereby authorize us or our authorized agents, as applicable, to charge you the applicable Fees for the subscription to the Services (and any renewal thereof). Your payment shall be due within 15 (fifteen) days of receipt of our invoice. If the terms of any Agreement executed by Navana.ai, provides for payment by means of electronic transaction through any credit or debit card, you agree to provide us with the details of such payment method, and you hereby authorize us to charge the applicable Fees due and payable by you for the subscription to the Services, in accordance to the subscription plan agreed between the Parties. You are responsible for maintaining complete and accurate billing information (including the details of the payment method), and for notifying us in case of any changes to such information. If the payment method provided by you fails or if the Fees payable is due, (a) you agree to pay all amounts due, upon demand by us, (b) we may collect the Fees due and payable using other collection mechanisms (including charging your other payment methods which we may have on file), (c) we reserve the right to either suspend or terminate your account and/or subscription to the Services, and/or (d) you agree to pay a late fee of 18 % (eighteen percent) per annum, or the maximum charge permitted by law, whichever is less.
(c) Cancellation and refund: Subject to these Terms, and Agreement executed between the Parties, we may cancel your subscription in case of any breach of these Terms, the Agreement, if applicable, in case of non-payment of Fees due and payable, breach of any applicable laws, and/or in cases where your continued access or use to the Services will have material adverse effect on us or our business. Except as otherwise provided herein, all Fees are non-refundable. We may add features to the Services on a going-forward basis at any time and may charge
additional Fees, separately for such additional features if you elect to access or use such features.
SUBSCRIPTION TERM; TERMINATION; DISCONTINUATION AND MODIFICATION OF THE SERVICES
CONFIDENTIALITY
DATA PRIVACY AND ADDITIONAL TERMS
INDEMNIFICATION; LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
GRIEVANCE REDRESSAL OFFICER
If you have any complaints, concerns, or grievances with respect to the Services made available by us, you may reach out to our Grievance Officer. Upon receipt of your complaint, we will acknowledge it within 24 hours and endeavour to resolve your issue within 15 days, in compliance with Applicable Law.
Grievance Redressal Officer
Name: Raoul Nanavati
Email:raoul@navanatech.in
To help us process your complaint efficiently, please include the following details:
(a) The category of your grievance or complaint;
(b) Detailed description of your grievance or complaint; and
(c) Your full name and contact details (email ID, customer number or other identification details).
VIOLATION OF THESE TERMS
You agree that any violation by you of these Terms will constitute an unlawful and inappropriate behavior, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to Navana.ai obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that we may have at law or in equity.
GOVERNING LAW AND JURISDICTION
(a) These Terms and your access or use of the Services is governed by the laws of India, without reference to conflict of law principles.
(b) In case of any disputes arising out of, or relating to these Terms, or the Services (collectively called “Disputes”), the Parties will aim to resolve the dispute in good faith within 30 (thirty) days from receipt of notice of Dispute, by either you or Navana.ai.
(c) In case of non-resolution, the Dispute will shall be finally resolved and settled by referring the matter to arbitration in accordance with the Arbitration and Conciliation Act, 1996 (including any statutory modification(s) or re-enactment thereof), and shall be referred to a sole arbitrator nominated and appointed by with the mutual consent of the Parties.
(d) The venue for the arbitration will be Bengaluru, India, and the language for the arbitral proceedings will be English.
(e) Notwithstanding anything stated herein, you agree that the courts of Bengaluru, Karnataka, will have jurisdiction in regard to any interim relief sought, during the course of the arbitration proceedings.
GENERAL PROVISIONS
(a) Entire Agreement: These Terms, any service level agreements (if agreed), the Privacy Policy, the Additional Terms, the applicable Agreement, and other terms incorporated in these Terms by reference, constitutes the entire and exclusive understanding between the Parties regarding the access and use of the Services.
(b) Assignment: Neither Party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other Party (not to be unreasonably withheld). Notwithstanding the foregoing, either Party may assign their rights and obligations hereunder, in its entirety, without consent of the other Party, to its affiliate, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
(c) Force Majure: Neither Party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of Fees) on account of events beyond the reasonable control of such Party, which may include without limitation denial-of-service attacks, strikes (except by its own employees), shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes and material shortages (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the non-performing Party will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues and such Party continues to use commercially reasonable efforts to resume performance.
(d) Headings: Use of paragraph headers in these Terms is for convenience only and shall not have any impact on the interpretation of any provisions.
(e) Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible, so as to give effect to the intent of the Parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
(f) Waiver: Any failure by Navana.ai to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by us of that provision or right.
(g) Survival: All provisions of these Terms which by their very nature are intended to survive the expiry or early termination of these Terms shall survive the expiry or early termination of these Terms, including without limitation, the provisions of Section 2 (Definitions), Section 4 (Accounts and Registration), Section 6 (Ownership), Section 7 (Limited License and Restrictions) Section 8 (Acceptable Use), Section 9 (Fees; Payment; Cancellation and refund),
Section 10 (Subscription Term; Termination; Discontinuation and modification of the Services), Section 11 (Confidentiality), Section 13 (Indemnification; Limitation of Liability and Disclaimer of Warranties), Section 14 (Governing Law and Jurisdiction), and Section 15 (General Provisions).
(h) Notices: All notices, writings and other communications under these Terms will be communicated to you by registered email, or by such other means as specified in the Agreement executed by the Parties. Any notice, writings and other communications under these Terms will be communicated to our legal team at the contact information below:
Address: 7th Floor, Nanavati Mahalaya 18, Homi Modi Street, Fort, Mumbai City, Mumbai, Maharashtra, India, 400001.