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Terms of Service

Last updated: March 10, 2025

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Niva Infotech Pvt Ltd (“Niva Infotech,” “we,” “us,” or “our”) governing your access to and use of our products, services, applications, and website (collectively, the “Services”).

By creating an account, downloading our applications, or otherwise accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

2. Eligibility

To use our Services, you must be at least 18 years of age and have the legal capacity to enter into a binding agreement. By using our Services, you represent and warrant that you meet these eligibility requirements. If you are using the Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

3. Description of Services

Niva Infotech provides cloud-based software-as-a-service (SaaS) products designed to simplify business operations, including but not limited to:

  • PG Matrix: A comprehensive PG and hostel management platform for owners, managers, caretakers, and tenants.
  • CommuNest: An apartment, layout, and residential community management platform.
  • Any other applications, tools, or services developed and offered by Niva Infotech.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

4. User Accounts

4.1 Registration

You may be required to create an account to access certain features of our Services. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. Niva Infotech shall not be liable for any loss or damage arising from your failure to protect your account credentials.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time if we reasonably believe that you have violated these Terms, engaged in fraudulent or illegal activity, or if your account has been inactive for an extended period.

5. Acceptable Use

You agree to use the Services only for lawful purposes. You shall not:

  • Violate any applicable local, state, national, or international law or regulation.
  • Infringe upon the intellectual property rights of Niva Infotech or any third party.
  • Upload, transmit, or distribute any viruses, malware, or other harmful code.
  • Attempt to gain unauthorized access to our systems, networks, or other user accounts.
  • Use the Services to transmit spam, unsolicited communications, or misleading content.
  • Reverse engineer, decompile, or disassemble any part of the Services.
  • Use automated tools (bots, scrapers, crawlers) to access the Services without our written permission.
  • Interfere with or disrupt the integrity or performance of the Services.
  • Misrepresent your identity or affiliation with any person or organization.
  • Use the Services in any manner that could damage, overburden, or impair our infrastructure.

6. Intellectual Property

6.1 Our Intellectual Property

All content, features, functionality, software, designs, trademarks, logos, and other intellectual property associated with the Services are owned by or licensed to Niva Infotech and are protected by Indian and international intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on our intellectual property without our prior written consent.

6.2 User Content

You retain ownership of any content you submit, upload, or transmit through the Services (“User Content”). By submitting User Content, you grant Niva Infotech a non-exclusive, worldwide, royalty-free license to use, store, display, and process your User Content solely for the purpose of providing and improving the Services.

6.3 Feedback

Any feedback, suggestions, or recommendations you provide regarding the Services shall become the property of Niva Infotech, and we may use such feedback without any obligation to you.

7. Subscription and Payments

7.1 Pricing

Certain features of the Services may require a paid subscription. Pricing details, subscription plans, and payment terms are available on our website and within the respective applications. All prices are quoted in Indian Rupees (INR) unless otherwise specified.

7.2 Billing

By subscribing to a paid plan, you authorize Niva Infotech to charge your designated payment method on a recurring basis according to your selected billing cycle (monthly, quarterly, or annually). You are responsible for keeping your payment information current.

7.3 Refunds

Refund requests are handled on a case-by-case basis. If you are unsatisfied with our Services, please contact us within 7 days of your purchase. We reserve the right to approve or deny refund requests at our sole discretion.

7.4 Price Changes

We may modify our pricing at any time. Any price changes will be communicated to existing subscribers at least 30 days before taking effect. Continued use of the Services after a price change constitutes your acceptance of the new pricing.

8. Data and Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Services, you consent to the data practices described in our Privacy Policy.

9. Service Availability and Support

9.1 Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted or error-free operation. The Services may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our control.

9.2 Support

We provide customer support through email and in-app channels. Support response times may vary depending on the nature of your inquiry and your subscription plan.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Niva Infotech and its directors, employees, partners, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, data, or business opportunities
  • Business interruption or operational losses
  • Cost of substitute goods or services
  • Any damages arising from unauthorized access to your data

In no event shall our total cumulative liability exceed the amount paid by you to Niva Infotech during the twelve (12) months preceding the claim.

11. Disclaimer of Warranties

The Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

We do not warrant that the Services will meet your specific requirements, operate without interruption, be free of errors or defects, or that any defects will be corrected.

12. Indemnification

You agree to indemnify, defend, and hold harmless Niva Infotech and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to:

  • Your use or misuse of the Services
  • Your violation of these Terms
  • Your violation of any applicable laws or third-party rights
  • Any User Content you submit through the Services

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India. The arbitration shall be conducted in India, and the language of arbitration shall be English.

13.3 Jurisdiction

Subject to the arbitration clause above, the courts in India shall have exclusive jurisdiction over any matters arising from or related to these Terms.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through our website, applications, or via email. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. We recommend reviewing these Terms periodically.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and Niva Infotech regarding your use of the Services and supersede all prior agreements, understandings, and communications.

17. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us: