Revised Terms of Service (Aligned with Indian Law & Platform T&Cs)

Terms of Service

Last Updated: 07-04-2025

OVERVIEW

Welcome to Nwatch!

This website and the Nwatch application (collectively the "Service") are owned and operated by Noseberry Private Limited ("Noseberry", "we", "us", "our").

These Terms of Service ("Terms") govern your access to and use of the Service, which includes features for time tracking, project management, leave management, and integrations for managing your authorized social media accounts (e.g., Meta platforms like Facebook and Instagram).

By accessing, registering for, or using the Service, you agree to be bound by these Terms, our Privacy Policy (incorporated herein by reference), and all applicable laws and regulations of India. If you do not agree with any part of these Terms, you must not use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to that organization.

SECTION 1 – Eligibility and Account

  • Eligibility: You must be at least 18 years old and capable of entering into a binding contract under Indian law to use the Service.
  • Account: You must provide accurate, current, and complete information during registration and keep your account information updated. You are responsible for safeguarding your account password and for all activities occurring under your account. Notify us immediately of any unauthorized use.

SECTION 2 – The Service & License

  • Service Description: Nwatch provides tools for workforce management and productivity, including social media integration features allowing you to connect accounts, schedule/publish content, and view analytics via official platform APIs.
  • License: We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service strictly in accordance with these Terms and for your internal business or personal productivity purposes.

SECTION 3 – User Responsibilities & Content

  • Acceptable Use: You agree to use the Service lawfully and ethically. You shall not use the Service for any illegal purpose or in violation of any local, state, national, or international law (including Indian laws like the IT Act, 2000) or regulation.
  • Social Media Compliance:
    • You are solely responsible for ensuring you have the necessary rights and permissions to manage any social media account you connect to the Service.
    • You MUST comply with all applicable terms, conditions, policies, and community standards of any connected social media platform (e.g., Meta's Terms of Service, Community Standards, Platform Terms). Violation of platform terms through your use of Nwatch is a violation of these Terms.
    • We utilize official APIs provided by social media platforms. You agree not to attempt to circumvent API limitations or platform rules through the Service.
  • User Content: You retain ownership of the content you create, upload, or post using the Service ("User Content"). However, you grant us a worldwide, royalty-free license to host, store, use, display, reproduce, modify, and distribute your User Content solely as necessary to provide and improve the Service.
  • Content Responsibility: You are solely responsible for your User Content, including its legality, accuracy, appropriateness, and compliance with platform rules and intellectual property laws. You represent and warrant that your User Content does not infringe third-party rights or violate any laws or platform policies (e.g., no hate speech, misinformation, illegal content, spam). We are not responsible for User Content.
  • Prohibited Conduct: You agree not to:
    • Impersonate others or provide false information.
    • Engage in spamming, phishing, distributing malware, or other harmful/deceptive activities.
    • Upload content that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or otherwise objectionable.
    • Violate intellectual property rights.
    • Interfere with or disrupt the Service, its servers, or networks.
    • Reverse-engineer, decompile, or attempt to extract the source code of the Service.
    • Use the Service in any way that violates applicable social media platform terms or policies.

SECTION 4 – Data Privacy

Your privacy is important to us. Our collection and use of personal data in connection with the Service are described in our Privacy Policy, which is incorporated into these Terms.

SECTION 5 – Fees and Payment (If Applicable)

Certain features or subscription plans may require payment. All applicable fees, billing cycles, and payment terms will be disclosed to you separately. Failure to pay fees may result in suspension or termination of access to paid features. Fees are typically non-refundable except as required by law or explicitly stated. All fees are subject to applicable Indian taxes (like GST).

SECTION 6 – Third-Party Services & Social Media Platforms

  • Third-Party Integrations: The Service integrates with third-party platforms (e.g., Meta). Your use of these platforms via our Service is subject to their respective terms and policies.
  • Disclaimer: We are not affiliated with, endorsed by, or responsible for these third-party platforms. We are not liable for their actions, omissions, availability, data accuracy, content policies, API changes, or any issues arising from your use of their services (including account suspensions or content removal by the platform). The Service is provided "as is" regarding data or functionality dependent on these external platforms.

SECTION 7 – Termination

  • By You: You may terminate your account at any time by following the instructions within the Service or contacting us.
  • By Us: We reserve the right to suspend or terminate your access to the Service, with or without notice, for any reason, including but not limited to:
    • Breach of these Terms or the Privacy Policy.
    • Violation of applicable laws or regulations.
    • Non-payment of fees (if applicable).
    • Engaging in prohibited conduct.
    • Violation of connected social media platform terms through your use of the Service.
    • Extended periods of inactivity (for free accounts, as per our policy).
    • If required by law or requested by law enforcement/government bodies.

SECTION 8 – Disclaimers & Limitation of Liability

  • Disclaimer of Warranties: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DATA PROVIDED (INCLUDING FROM SOCIAL PLATFORMS) WILL BE ACCURATE OR COMPLETE.
  • Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY INDIAN LAW, IN NO EVENT SHALL NOSEBERRY PRIVATE LIMITED, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING SOCIAL MEDIA PLATFORMS; (c) ANY CONTENT OBTAINED FROM THE SERVICE; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE THOUSAND INDIAN RUPEES (INR 1000) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM.
  • THIS SECTION DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (SUCH AS LIABILITY FOR FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AS PER INDIAN LAW).

SECTION 9 – Indemnification

You agree to defend, indemnify, and hold harmless Noseberry Private Limited and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party right, including any intellectual property right or privacy right; or (e) your violation of any applicable law or regulation, including the terms of any connected social media platform.

SECTION 10 – Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the competent courts located in Jaipur, Rajasthan, India.

SECTION 11 – Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our website, updating the "Last Updated" date, and/or through other communications. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

SECTION 12 – General

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Noseberry Private Limited regarding the Service. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not be considered a waiver of those rights.

SECTION 13 – Contact Information

Questions about these Terms of Service should be sent to us at hello@nwatch.in.

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