End User Licence Agreement

This agreement governs your licence to use the Nisf mobile application (the "App"). It is a binding agreement between you and us, and it takes effect when you download, install or use the App.

Read §7, §8 and §9 in particular. They disclaim warranties and limit what we are liable for.

Who we are

Nisf Suite No. 72, Door No. 63/700, D Space, 6th Floor, Sky Tower Mavoor Road Junction, Bank Road Kozhikode, Kerala, India 673001

Contact: info@nisfapp.com

How this fits with our other documents

• This EULA covers the software: your licence to install and run the App.
• The Terms and Conditions cover the service: eligibility, conduct, requests, payments, moderation.
• The Privacy Policy covers your data.

All three apply together. If this EULA conflicts with the Terms and Conditions on anything to do with the service rather than the software, the Terms and Conditions prevail.

Eligibility

You may accept this agreement only if you are 18 or over and able to enter a binding contract under the law that applies to you. If you are accepting on behalf of an organisation, you confirm you are authorised to bind it.

1. Licence grant

Subject to your compliance with this agreement, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and run one copy of the App on devices you own or control, for your own personal, non-commercial use.

This is a licence, not a sale. No ownership of the App or any part of it passes to you. We reserve every right not expressly granted here.

Your licence extends to updates we supply (§4), and to any documentation or support we choose to provide. You are responsible for your device, your data connection, and for meeting the App's minimum requirements.

2. Restrictions

You must not, and must not allow anyone else to:

Interfere with the software

• copy, modify, adapt, translate or create derivative works of the App;
• reverse engineer, decompile or disassemble the App, or otherwise attempt to derive its source code, algorithms or data structures, except to the narrow extent that applicable law expressly permits despite this restriction: in the EU and UK, for instance, limited decompilation for interoperability. Where you have such a right, contact us first: we may be able to give you what you need directly;
• remove, obscure or alter any copyright, trademark or other proprietary notice;
• circumvent or disable any security feature, licence control, usage limit, or payment or entitlement check.

Redistribute or commercialise it

• sell, rent, lease, lend, sublicense, distribute or otherwise transfer the App or your rights under this agreement;
• resell, share or otherwise make available your account or your access to another person;
• build a competing or derivative application from the App, its interface, its data model, or anything you learn by inspecting it;
• use the App for any commercial purpose, including advertising, recruitment, matchmaking on behalf of others, or providing a service to third parties.

Extract data from it

• scrape, crawl, harvest, index, cache or bulk-download profiles, photographs or any other user content, by hand, by script, by automation or by any other means;
• use bots, emulators, modified clients, or any automated system to interact with the App or our servers;
• publish another user's contact details, or those of their wali or relative, or use them for anything other than the proposal itself;
• access or attempt to access accounts, data, servers or APIs you are not authorised to use, or probe or test our systems' vulnerability.

Use it unlawfully

• use the App in breach of any applicable law, or where the App or the marriage you are seeking through it is unlawful for you;
• use the App in breach of the Terms and Conditions.

Scraping is the restriction we enforce most seriously. Profiles and photographs on Nisf belong to real people who shared them for one purpose. Bulk extraction is a breach of this agreement, of those users' rights, and very likely of data protection law.

3. Intellectual property

3.1 Ours

The App and everything in it (its software, the Nisf name and logo, its user interface, layout, graphics, icons and text, and the methods behind our matching, compatibility scoring and search) are owned by us or licensed to us, and are protected by copyright, trademark and other laws.

Nothing in this agreement transfers any of it to you.

3.2 Yours

To run the App, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt, resize, translate and display your content, for these purposes only:

• showing your profile to other users, subject to your visibility settings;
• operating search, filtering and compatibility scoring;
• backing up, moderating and supporting the service.

This licence is limited to operating Nisf. Specifically:

• we do not use your photographs or profile text in advertising, marketing or promotion;
• we do not sublicense them to anyone except the service providers described in §3.3 of the Privacy Policy, and then only so they can host or process them for us;
• we do not sell or transfer them.

The licence ends when you delete the content or your account, except for copies we must keep by law or that persist briefly in backups and logs. See §5 of the Privacy Policy.

Other users get no licence to your content beyond viewing it in the App and using its copy and PDF sharing features to discuss a proposal. They may not collect it in bulk, or publish contact details given to them on an accepted request (§2). See §3.1 of the Privacy Policy for how profiles can be shared outside the App.

You are responsible for what you upload: you must own it or have the right to use it, and it must not infringe anyone else's rights.

3.3 Feedback

If you send us suggestions, ideas or feedback about the App, we may use them freely, without obligation, attribution or payment to you. This applies to feedback about the product. It does not apply to your profile content, which is governed by §3.2.

4. Updates and versions

We may release updates, including bug fixes, security patches and new features. Depending on your device settings, these may install automatically or prompt you.

We may require you to update in order to keep using the App. Where the version you have is no longer supported, the App will ask you to update before you can continue. This is how we deliver security fixes and retire versions we no longer support.

We may also change, deprecate or remove features, or discontinue support for older operating systems, devices or app versions. We are not obliged to provide any particular update, or to keep any particular feature available.

Updates form part of the App and are covered by this agreement.

5. Third-party components

The App is built with, and includes, software owned by others, including open-source components. Those components are licensed to you under their own terms, not by us, and to the extent those terms conflict with this agreement, theirs govern that component. Nothing here restricts any right you have under an open-source licence.

Those licences are mostly permissive open-source licences such as MIT, BSD and Apache 2.0, together with fonts licensed under the SIL Open Font Licence. The copyright and licence notices those components require are retained with the software.

A complete, current list of the bundled components and their licence texts is available on request from info@nisfapp.com, and we will surface it in the App itself.

Your use of a third-party service reached through the App (the App Store, Google Play, WhatsApp, or a payment provider) is also governed by that provider's own terms.

6. Termination

6.1 By you

You may end this agreement at any time by uninstalling the App and deleting all copies of it. Deleting your account is covered by §10 of the Terms and Conditions.

6.2 By us

This licence terminates immediately, without notice, if you breach this agreement, including any restriction in §2. We may also suspend or terminate it where we suspend or terminate your account under §7 of the Terms and Conditions.

We may also stop offering the App entirely, at any time. If we do, this agreement ends and the App will no longer be supported.

6.3 What happens then

On termination you must stop using the App and delete every copy of it. Sections 2, 3.1, 3.3, 5, 7, 8, 9 and 10 survive, along with anything else that by its nature should.

Ending this licence does not cancel a subscription. Cancel that in your App Store or Google Play settings, or you will keep being charged. See §5.3 of the Terms and Conditions.

7. Disclaimer of warranties

The App is provided "as is" and "as available", with all faults.

To the fullest extent the law allows, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the App will be uninterrupted, timely, secure or error-free, that defects will be corrected, that it is free of harmful components, or that it will work with any particular device or operating system.

We give no warranty about outcomes. We do not promise that you will receive requests, that requests you send will be accepted, that you will be introduced to anyone, or that you will find a spouse. Nisf is an introduction platform. It does not guarantee a match, an engagement or a marriage, and no outcome of any kind is warranted.

No advice we or anyone else gives you creates a warranty.

Some jurisdictions do not allow these exclusions, so some may not apply to you. Nothing here affects your statutory rights as a consumer.

8. Limitation of liability

To the fullest extent the law allows:

• we are not liable for indirect, incidental, special, consequential, punitive or exemplary loss, or for loss of profit, opportunity, reputation, data or goodwill;
• we are not liable for the conduct of any user, online or offline, before or after contact moves off the platform, nor for the outcome of any introduction, courtship or marriage, nor for anything a wali, family member, coach or third party does;
• we are not liable for loss caused by anything outside our reasonable control, including device failure, network failure, or a third-party provider's outage.

Our total liability to you, for all claims combined, is limited to the greater of (a) what you paid us in the twelve months before the claim arose, or (b) ₹5,000. This matches §9.5 of the Terms and Conditions; the two are one cap, not two.

Nothing here limits liability that cannot lawfully be limited, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else your local law does not allow us to exclude. If you are a consumer, your statutory rights are unaffected.

Indemnity

If someone brings a claim against us because you breached this agreement, misused the App, or infringed a third party's rights, you agree to indemnify us against that claim and its reasonable costs, except to the extent it results from our own act or omission.

9. App store terms

9.1 Apple App Store

If you obtained the App from the Apple App Store:

• this agreement is between you and us only, not Apple, and we alone are responsible for the App and its content;
• you may use the App only on an Apple-branded device, as permitted by the App Store Terms of Service;
• Apple has no obligation to provide maintenance or support;
• if the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the extent the law allows, Apple has no other warranty obligation, and any other claim is ours to answer, not Apple's;
• Apple is not responsible for product liability claims, claims that the App fails to meet a legal or regulatory requirement, or claims under consumer protection law;
• if a third party claims the App infringes their intellectual property, we, not Apple, are responsible for investigating and resolving it;
• you confirm you are not in a country subject to a US Government embargo or designated as terrorist-supporting, and are not on any US Government list of prohibited or restricted parties;
• Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.

9.2 Google Play

If you obtained the App from Google Play, your use is also subject to the Google Play Terms of Service. This agreement is between you and us only, not Google. Google is not responsible for the App or for support of it.

10. Governing law and disputes

This agreement is governed by the laws of India, without regard to conflict of law rules. The courts at Kozhikode, Kerala have exclusive jurisdiction.

If you are a consumer, this does not deprive you of the protection of the mandatory consumer law of your country of residence, or of your right to bring proceedings there where that law gives you that right.

Talk to us first. Before starting formal proceedings, please write to info@nisfapp.com and give us 30 days to resolve the matter.

Time limit. Any claim arising out of this agreement must be brought within one year of the cause of action arising, except where your local law does not permit such a limit, or provides a longer one that cannot be shortened.

11. General

• Changes. We may revise this agreement. We will update the "Last updated" date, and for material changes we will notify you in the App or by email before they take effect. Continuing to use the App means you accept them; if you do not, uninstall it.
• Data. Your information is handled as described in the Privacy Policy, which forms part of this agreement.
• Local law. We make no representation that the App is appropriate or available everywhere. You are responsible for complying with your local law.
• Severability. If any provision is held unenforceable, the rest stands.
• No waiver. If we do not enforce a provision, we have not given it up.
• Assignment. You may not transfer your rights under this agreement. We may transfer ours to a successor, on notice to you.
• Entire agreement. This agreement, the Terms and Conditions and the Privacy Policy are the whole agreement between us about the App.
• Headings are for convenience and do not affect interpretation.

Contact

Email: info@nisfapp.com

Post: Nisf Suite No. 72, Door No. 63/700, D Space, 6th Floor, Sky Tower Mavoor Road Junction, Bank Road Kozhikode, Kerala, India 673001

By downloading, installing or using the App, you confirm that you have read this agreement, that you are at least 18 years old, and that you agree to be bound by it.