Terms and Conditions

Effective date : 09.10.2024
These terms and conditions ("Agreement") establish the rules and regulations for accessing and using the nizhal.co website ("Website"), the "Nizhal" mobile application ("Mobile Application"), and their related services (collectively, "Services"). This Agreement is legally binding between you ("User", "you", or "your") and SHADOWMEDIA (Nizhal App) ("SHADOWMEDIA (Nizhal App)", "we", "us", or "our"). By accessing or using the Services, you confirm that you have read, understood, and agreed to the terms outlined in this Agreement. This Agreement constitutes a legal contract between you and SHADOWMEDIA (Nizhal App), even though it is electronic and not physically signed.

1. Accounts and Membership

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you meet this requirement.
You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.
SHADOWMEDIA (Nizhal App) reserves the right to suspend, disable, or delete accounts that violate this Agreement, harm our reputation, or engage in prohibited activities.
You must immediately notify SHADOWMEDIA (Nizhal App) of any unauthorized access or use of your account. SHADOWMEDIA (Nizhal App) is not liable for losses resulting from your failure to safeguard your account.

2. Links to Other Resources

The Services may contain links to third-party websites or applications. SHADOWMEDIA (Nizhal App) does not control or endorse these resources and is not responsible for their content, privacy practices, or services. Accessing these resources is at your own risk.

3. Prohibited Uses

You agree not to use the Services for the following purposes:
Engaging in unlawful activities or actions against the rules and regulations of the Government of India.
Soliciting others to perform illegal acts.
Violating intellectual property rights.
Providing false or misleading information.
Uploading malicious or harmful code.
Harassing, abusing, or discriminating against others.
Conducting spamming, phishing, or unauthorized data scraping.
Engaging in illegal activities or violations of Indian Penal Code (IPC), BNS, or any other applicable laws is a punishable offense. Any such violations may result in immediate suspension or termination of your access to the Services and legal action as per applicable laws.

4. Intellectual Property Rights

SHADOWMEDIA (Nizhal App) retains all intellectual property rights to the Services and their content. This Agreement does not transfer any intellectual property rights to you.
Unauthorized use of SHADOWMEDIA (Nizhal App)’s trademarks, logos, or other intellectual property is strictly prohibited.

5. Limitation of Liability

SHADOWMEDIA (Nizhal App) will not be held liable for indirect, incidental, or consequential damages, including loss of profits, revenue, or data.
Our total liability is limited to the lesser of INR 1 or the amount you paid in the month preceding the event giving rise to liability.

6. Indemnification

You agree to indemnify, defend, and hold SHADOWMEDIA (Nizhal App) harmless from claims, damages, or disputes arising from your use of the Services or any breach of this Agreement.

7. Severability

If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

8. Dispute Resolution

Disputes must first be addressed through written notice and informal negotiation for 60 days. If unresolved, disputes will be settled via arbitration or referred to the civil courts in Ernakulam, Kerala, India.

9. Changes and Amendments

SHADOWMEDIA (Nizhal App) reserves the right to update or amend this Agreement at any time. Users are advised to review the Agreement during each login to stay informed of any changes.

10. Refund Policy

Refunds are not generally offered but may be issued in specific circumstances, such as technical failures or non-delivery of services due to issues on the Nizhal App's end.
Refunds will be processed to the original payment method within seven business days. Requests to change the payment method must be communicated in writing.
SHADOWMEDIA (Nizhal App) reserves the right to review and resolve refund requests at its sole discretion.

11. No Warranties

The Services are provided "AS IS" and "AS AVAILABLE." SHADOWMEDIA (Nizhal App) disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Governing Law and Jurisdiction

For the purposes of these Terms:
(a) The term "Dispute" refers to any disagreement, conflict, or claim arising from or related to:
(i) the interpretation, enforcement, breach, termination, applicability, or validity of these Terms; or
(ii) any other disagreement or claim arising from or connected to the relationship between SHADOWMEDIA (Nizhal App) and the User.
(b) The term "SHADOWMEDIA (Nizhal App)" includes its parent company, subsidiaries, affiliates, shareholders, directors, officers, employees, agents, beneficiaries, assignees, successors, and any third party offering products or services purchased from or distributed by SHADOWMEDIA (Nizhal App).
(c) The term "User" refers to you, as well as your representatives, affiliates, family members, or any other parties acting in privity with you.
These Terms shall be governed by and interpreted in accordance with the substantive laws of India. Subject to the arbitration provisions set forth below, the Parties agree that the courts of Ernakulam, Kerala, India, shall have exclusive jurisdiction over any disputes, legal actions, or proceedings arising out of or related to these Terms, including their interpretation, performance, or breach.
In the event of a Dispute, the Parties will first attempt to resolve the matter amicably. If the Dispute remains unresolved after 60 days of initiating discussions, or within any extended period mutually agreed upon in writing, either Party may refer the matter to arbitration under the Arbitration and Conciliation Act, 1996 (India), as amended or replaced by any subsequent legislation.
The arbitration shall be conducted by a sole arbitrator mutually agreed upon by the Parties. The seat and venue of arbitration will be Ernakulam, Kerala, India, and the proceedings will be conducted in English and Malayalam.
The arbitrator’s award will be final and binding on both Parties, and judgment on the award may be enforced by any court of competent jurisdiction. Both Parties agree to abide by the arbitration award and acknowledge that no legal proceedings related to the Dispute (except for interim or preventive relief prior to arbitration) may commence until the arbitration process is concluded.
While a Dispute is under arbitration, the Parties will continue to fulfill their respective obligations and exercise their rights under these Terms, excluding the specific matters under dispute.

13. Force Majeure

SHADOWMEDIA (Nizhal App) will not be held liable for any breach of the Terms, damages, losses, costs, or expenses arising from a failure or delay in delivering Services or disruptions to the Platform caused by events beyond its reasonable control. Such events include, but are not limited to, acts of war, floods, fires, severe weather conditions, hostilities, sabotage, natural disasters, pandemics, lockdowns, labor strikes, electrical outages, internet or telecommunication failures, power disruptions, government-imposed restrictions, political strikes, or any other unforeseen circumstances that prevent normal operations.

14. Disclaimer

SHADOWMEDIA (Nizhal App) explicitly disclaims any responsibility for payments made directly or indirectly to any of its employees or listeners during sessions. This includes payments that may have been solicited or voluntarily offered by you, the User. The app’s billing system exclusively charges Users based on the time spent during sessions, with charges automatically deducted from the wallet associated with your account.
The SHADOWMEDIA Nizhal App is designed solely for entertainment and wellness purposes and is not a professional consultation platform. We do not provide any form of professional advice, consultation, or services through this app.
The Nizhal App operates entirely via internet-based voice calls. In regions where VOIP services are restricted or if there are network issues, the app may not function as intended. SHADOWMEDIA is not responsible for any interruptions, losses, or inability to use the app due to such technical limitations.
In cases of service disruption caused by network issues or VOIP restrictions, SHADOWMEDIA (Nizhal App) will not be liable for any loss of virtual coins or other monetary value within the app. Users are advised to ensure stable network connectivity and verify VOIP availability in their regions before using the service.
We strictly prohibit the exchange of personal information between Users and our employees or listeners. Sensitive information, such as phone numbers, addresses, or financial details, must not be shared under any circumstances. User privacy and data security are our top priorities, and we have stringent protocols in place to safeguard them.
SHADOWMEDIA (Nizhal App) ensures that listeners (Supporters) do not have access to personal information shared within the app. Any information that a Supporter becomes aware of during a session is considered willingly shared by you. We strongly encourage Users to exercise discretion when sharing details and to use app privacy settings to enhance their security.
The Nizhal App is designed solely for interactive sessions, and any attempts by Users or Supporters to establish relationships outside these sessions are strictly discouraged. Such actions are outside the scope of the app's intended purpose and beyond our responsibility. Any inappropriate behavior or solicitation should be reported to customer support for immediate investigation and resolution.
SHADOWMEDIA (Nizhal App) complies with all applicable laws and regulations related to data protection and privacy. Violations of these laws by Users or Supporters will be reported to the relevant authorities, and appropriate legal action will be taken where necessary.

15. Contacting Us

If you have any questions or concerns about this Agreement, you may contact us at:
Email: info@nizhal.co , shadowmedia10@gmail.com