Terms & Conditions

Welcome to Nervos Tech Terms and Conditions.

This legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000, and the rules thereunder as applicable, along with the amended provisions regarding electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries Guidelines) Rules, 2011, and Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, of the Information Technology Act, 2000, as amended through the Information Technology Amendment Act, 2008, that require publishing the Terms of Use and practices for access and usage of any functional website.

This Website is created and operated by M/s NERVOS E TECHNOLOGY PRIVATE LIMITED (hereinafter referred to as “We”, “Our”, and “Us”), operating under the brand name ‘Nervospay’ with its registered address at “No:33/17 sevenwells street, 1st floore (3rd shop) Sevenwells,chennai-600001”. We intend to ensure your steady commitment to the usage of this Website and the services provided by us through our website “www.Nervostech.com”. (“Website”).

For the purpose of these Terms of Use (“Terms of Use”), wherever the context so requires, “We”, “Company”, “Our”, and “Us” shall mean and refer to the Website. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals or firms who shall be users of this website provided by us and who are competent to enter into binding contracts, as per Indian laws. “Third Parties” refer to any website, platform, or individual apart from the Users and the creator of this Website.

1. General Terms

i. The headings of each section in these Terms of Use are provided solely for organizational purposes, to arrange the provisions in an orderly manner. These headings shall not be used by you to interpret the provisions in any legal or contractual context related to your usage of the website.

ii. The use of this website is governed solely by these Terms of Use and the Privacy Policy, which may be updated or amended by us at our sole discretion. By continuing to access and use this website, you agree to comply with and be bound by the latest version of the Terms of Use and Privacy Policy.

iii. You expressly agree and acknowledge that the Terms of Use and the Privacy Policy are co-terminus, meaning that the termination or expiration of one will automatically result in the termination of the other.

iv. You unequivocally agree that these Terms of Use and the Privacy Policy form a legally binding agreement between us. You shall be subject to all applicable rules, guidelines, policies, and conditions related to your use of the website, which are deemed to be incorporated into and made part of these Terms of Use. You acknowledge and agree that no signature or express action is required to make these Terms of Use and the Privacy Policy binding on you; your continued use of any part of the website constitutes your acceptance of these Terms of Use and the Privacy Policy.

v. We reserve the exclusive right to amend or modify these Terms of Use without prior notice or permission from you. You expressly agree that any such changes will take effect immediately. If you do not agree with the changes, you must stop using the website immediately. Your continued use of the website constitutes your acceptance of the revised terms.

2. Registration

Registration is mandatory for all users of the platform. Registration will be considered complete only after the user's details have been authenticated and verified through mobile or email verification.

3. Eligibility

a) You represent and warrant that you are competent and eligible to enter into legally binding agreements, of legal age, and have the requisite authority to bind yourself to these Terms of Use in accordance with the law. If you are a minor using this website, you may do so only with the consent of your legal guardian. All actions by minors will be considered to have been undertaken under the supervision of their legal guardian.

b) You further represent that you will comply with these Terms of Use and all applicable local, state, national, and international laws, rules, and regulations.

c) You shall not use the website if you are not competent to contract or are disqualified from doing so by any applicable law, rule, or regulation currently in force.

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4. Platform Overview

The Website is operated by M/s. NERVOS E TECHNOLOGY PRIVATE LIMITED, specializing in providing FinTech solutions. The Website offers a variety of payment solutions that help users collect payments through various channels, such as UPI with QR codes, net banking, debit & credit card payments, using tailor-made services for customers in both collections and payments.

In addition, the Website provides financial advisory and management services based on the type of service offered by the platform. It also facilitates payment collections through UPI (QR mode), net banking, debit & credit cards by generating payment links, net-banking links, webhooks, payment buttons, and payment subscriptions.

We also offer bulk payout services, including UPI payouts, net banking payouts, IMPS, NEFT, and RTGS. The Website may, in the future, adopt preference-based services for emerging payment collection methods, according to developments in the industry.

The functionalities of the Website adhere to payment and settlement guidelines applicable in India, enabling us to provide digital payment service provider solutions, along with seamless bulk transaction settlement services.

5. Payment Service Provider

For all payments related to purchases on the Website, you will be redirected to a third-party payment service provider with whom we have an agreement. The payment service provider may require additional information from you to process the payment and may apply charges for their services. The payment service provider offers options such as banking, UPI, and digital wallets. All payment-related matters will be governed by the respective payment service provider's terms, conditions, and policies.

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6. Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork (collectively, "Content") are either generated by users, third parties, or based on information provided by them. We have no control over and make no guarantees regarding the quality, accuracy, integrity, or genuineness of such content or any other information displayed on the Website.

All Content displayed on the Website is subject to copyright protection and may not be reused by you (or a third party) without prior written consent from us and the copyright owner. You are solely responsible for the integrity, authenticity, quality, and genuineness of the content you provide on the Website. While feedback and comments may be made through the Website, we bear no liability for any feedback or comments made by other users or in relation to any content on the Website.

The Website reserves the right to suspend or terminate the account of any user, at its discretion, who is found to have created, shared, or submitted content that is untrue, inaccurate, misleading, offensive, or vulgar. You are solely responsible for covering any financial or legal losses resulting from the creation, sharing, or submission of content that is deemed to be untrue, inaccurate, or misleading.

You are granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Website. You shall not copy, adapt, or modify any content without prior written permission from us.

7. Indemnity

You agree to indemnify, defend, and hold harmless us, along with our respective directors, officers, employees, and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements, and any interest charges thereon) asserted against or incurred by us that arise from, result from, or are payable due to any breach or non-performance of any representation, warranty, covenant, or agreement you have made under these Terms of Use.

Further, you agree to hold us harmless against any claims made by third parties due to or arising out of:

Your use of the Website.
Your violation of these Terms of Use.
Your violation of any rights of another.
Your alleged improper conduct under these Terms of Use.
Your conduct in connection with the Website.

You agree to fully cooperate in indemnifying us at your own expense and not to settle any claims without our prior consent.

In no event shall we be liable to compensate you or any third party for any special, incidental, indirect, consequential, or punitive damages, including those resulting from the loss of use, data, or profits, whether foreseeable or not, and regardless of whether you had been advised of the possibility of such damages. This includes any claims based on breach of contract, warranty, negligence, or other tortious actions arising out of or in connection with your use of or access to the Website, its services, or any materials contained therein.

8. Limitation of Liability

a. We are not responsible for any consequences arising from the following events:

If the Website is inoperative or non-responsive due to connectivity issues such as slow internet, no connectivity, or server failure.
If you have entered incorrect information or data, or if any data is deleted.
If there is an undue delay or inability to communicate through email.
If there is any deficiency or defect in the services provided by us.
If any other services provided by us fail to function.

b. The Website accepts no liability for any errors or omissions on its behalf or for any damage caused to you, your belongings, or any third party as a result of using or misusing the Website or any services offered through the Website. The services and any content or material displayed are provided without guarantees, conditions, or warranties regarding their accuracy, suitability, completeness, or reliability. We are not liable for the unavailability or failure of the Website.

c. You are responsible for complying with all laws applicable to you or your activities and with all policies, which are incorporated into these Terms of Use by reference.

d. The Website expressly excludes liability for any loss or damage that was not reasonably foreseeable by the Website, including loss of profits, and any loss or damage incurred by you as a result of your breach of these Terms of Use.

e. To the fullest extent permitted by law, we shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis for any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to discontinue your use of the Website.

9. Term

a. These Terms of Use shall remain a valid and binding contract between us and shall continue to be in full force and effect as long as you access and use the Website.

b. You may terminate your use of the Website at any time.

c. We may terminate these Terms of Use and close your account at any time without notice, and/or suspend or terminate your access to the Website for any reason, particularly if any discrepancy or legal issue arises.

d. Such suspension or termination shall not limit our right to take any other actions against you that we deem appropriate.

e. We reserve the right to discontinue the Services and the Website at any time without prior notice.

10. Termination

a. We reserve the right, in our sole discretion, to unilaterally terminate your access to the Website or any portion thereof at any time, without notice or cause.

b. We also reserve the right to deny you access to any or all areas of the Website without prior notice or explanation, to protect the interests of the Website and/or other users.

c. We reserve the right to limit, deny, or provide different access to the Website and its features for different users, or to change any features or introduce new features without prior notice.

d. You shall continue to be bound by these Terms of Use, and it is expressly agreed by you that you shall not have the right to terminate these Terms of Use until they expire.

11. Communication

By using this Website and providing your identity and contact information to us, you agree and consent to receive calls, emails, or SMS from us and/or our representatives at any time.

If you find any discrepancies regarding the Website or content-related information, you can report them to info@nervostech.com. We will take necessary action after conducting an investigation. The response with a resolution (if any issues are found) will depend on the time taken for the investigation.

You expressly agree that, notwithstanding anything stated above, you may be contacted by us regarding any services you have availed of on the Website or any related matters, and you agree to indemnify us against any harassment claims. Any information shared by us shall be governed by the Privacy Policy.

12. User Obligations and Formal Undertakings as to Conduct

You agree and acknowledge that you are a restricted user of this Website, and you:

Agree to provide genuine credentials whenever required on the Website. You shall not use a fictitious identity to register. We are not liable if you provide incorrect information.
Agree to ensure that your name, email address, physical address, mobile number, and any other information provided during account registration is valid at all times and kept accurate and up-to-date.
Acknowledge that you are solely responsible for maintaining the confidentiality of your account password and agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any reason.
Authorize the Website to use, store, or otherwise process certain personal information, as well as all published content, responses, locations, user comments, reviews, and ratings for the purposes of service personalization, marketing, and optimization of user-related options and services.
Understand and agree that, to the fullest extent permissible by law, the Website or any of its affiliates, officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers, or suppliers shall not be liable for any loss or damage of any kind, direct or indirect, in connection with or arising from your use of the Website or these Terms of Use, including, but not limited to, compensatory, consequential, incidental, indirect, special, or punitive damages.
Agree not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish, or create derivative works from, transfer, or sell any information obtained from the Website. Any such use of the Website will only be allowed with our prior express written permission.
Agree not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. Use of deep-linking, robots, spiders, or other automatic devices, programs, algorithms, or methodologies to access, acquire, copy, or monitor any portion of the Website or its content, or to reproduce or circumvent the navigational structure or presentation of the Website, may lead to suspension or termination of your access. We disclaim any liabilities arising from such content on the Website.
Expressly agree and acknowledge that content generated by users and displayed on the Website is not owned by us, and we are not responsible for its content. You may report any offensive or objectionable content, which we may remove at our sole discretion.

You further undertake not to:

Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks connected to the Website).
Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
Probe, scan, or test the vulnerability of the Website or any network connected to it, nor breach any security or authentication measures.
Disrupt or interfere with the security of the Website, systems, resources, accounts, passwords, servers, or networks connected to or accessible through the Website.
Use the Website or any materials or content therein for any unlawful purpose or to solicit the performance of any illegal activity.
Violate any applicable laws, rules, or regulations currently in force within or outside India.
Violate any portion of these Terms of Use or the Privacy Policy, including any applicable additional terms contained herein or elsewhere.
Commit any act that causes us to lose (in whole or in part) the services of our Internet Service Provider (ISP) or disrupt the services of any other supplier or service provider.
Authorize us to disclose any information relating to you in our possession to law enforcement or government officials as we deem necessary or appropriate for the investigation and/or resolution of possible crimes, particularly those involving personal injury or intellectual property infringement.
By indicating your acceptance to use any services offered on the Website, you are obligated to complete such transactions after making payment. You are prohibited from indicating acceptance for services where transactions remain incomplete.
Use the services provided by us, our affiliates, consultants, and contracted companies for lawful purposes only.
Provide authentic and true information. We reserve the right to confirm and validate the information provided by you at any time. If any details are found to be false, we may reject your registration and debar you from using the Website without prior notice.

You further undertake not to provide any content that:

Belongs to another person and to which you have no rights.
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable.
Is harmful to minors or violates any applicable law.
Deceives or misleads the addressee about the origin of messages or communicates any grossly offensive or menacing information.
Abuses, harasses, threatens, defames, or violates the legal rights of others.
Threatens the unity, integrity, defense, security, or sovereignty of India or incites any cognizable offense.

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13. Refunds

a. In the event of disputed payments, all refunds shall be made to the original method used for the disputed transaction. If the user raises a refund request or fails to contest such a disputed transaction within the specified ____ working days, or contests the disputed transaction without providing supporting documentation to us, payment service providers, card payment networks, and/or the issuing institution's satisfaction, we shall be entitled to recover the refund amounts from subsequent credits made to the escrow account related to payments from the seller's buyers.

b. All responsibilities concerning refunds shall rest solely with you, and we shall not be liable for any claims, disputes, or penalties that may arise in connection with such refunds to you or the customer. You shall indemnify us against any claims, disputes, penalties, costs, and expenses arising directly or indirectly in relation to refunds and disputes for all transactions.

c. The user hereby agrees and acknowledges that the fees charged by us in respect of the disputed transaction will not be refunded or repaid to you, the buyer, or any other person.

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14. Suspension of User Access and Activity

Notwithstanding other legal remedies that may be available, we may, at our sole discretion, limit your access and/or activity by immediately removing your access credentials—either temporarily or indefinitely—suspending or terminating your association with the Website, and/or refusing your usage of the Website, without the requirement to provide notice or cause, under the following circumstances:

If you breach any of these Terms of Use or the Privacy Policy;
If you provide wrong, inaccurate, incomplete, or incorrect information;
If your actions may cause harm, damage, or loss to other users or us, at our sole discretion.

15. Intellectual Property Rights

Unless expressly agreed to in writing, nothing contained herein shall grant you the right to use any trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, or other distinctive brand features, except as permitted by these Terms of Use available on the website. All logos, trademarks, brand names, service marks, domain names, materials, designs, and graphics created by or developed by the website or any third party are the property of the website or their respective copyright or trademark owners. Furthermore, we shall be the exclusive owners of all designs, graphics, and related materials associated with the website.

You shall not use any intellectual property displayed on the website in a manner likely to cause confusion among existing or prospective users, or that disparages or discredits the website, as determined at our sole discretion.

You acknowledge that all intellectual property, including but not limited to copyrights related to the services, resides with the respective owners and that no such intellectual property is transferred from the creators to you. You understand that we merely provide the platform through which you can communicate with other users, and that we do not own any of the intellectual property related to independent content displayed on the website, apart from the created graphics and specified content.

You further acknowledge that any reproduction or infringement of the intellectual property of the aforementioned owners may result in legal action being initiated against you by those respective owners. It is agreed that the contents of this section shall survive the termination or expiry of these Terms of Use and/or the Privacy Policy.

16. Disclaimer of Warranties and Liabilities

a. You agree and undertake that you are accessing the website at your own risk and that you will exercise your best judgment before availing yourself of any features on the website or accessing/using any information displayed therein.

b. You acknowledge that any information, resources, activities, or recommendations obtained from the website, whether written or oral, do not create any warranty, and we disclaim all liabilities arising from these.

c. We do not guarantee that the features and content on the website will be uninterrupted or error-free, or that the website or its server will be free of viruses or other harmful components. You hereby expressly accept any associated risks involved with your use of the website.

d. You further agree that the contents of this section shall survive even after the termination or expiry of the Terms of Use and/or the Privacy Policy.

17. Force Majeure

We shall not be liable for any damages resulting from delays or failures to perform our obligations under these Terms of Use if such delays or failures are caused by events beyond our control or without our fault or negligence. Force Majeure events include, but are not limited to, acts of war, acts of God, earthquakes, riots, fires, festive activities, sabotage, labor shortages or disputes, internet interruptions, technical failures, breakage of undersea cables, hacking, piracy, fraud, or any illegal or unauthorized activities.

18. Dispute Resolution and Jurisdiction

You expressly agree that the formation, interpretation, and performance of these Terms of Use, as well as any disputes arising therefrom, will be resolved through arbitration. The contents of this section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.

Arbitration: In the event that the parties are unable to amicably resolve a dispute, the dispute will be referred to arbitration by a sole arbitrator appointed by us. The award issued by the sole arbitrator will be valid and binding on all parties. All costs associated with the arbitration shall be borne solely in accordance with the arbitrator's award. The arbitration shall be conducted in English, and the seat of arbitration shall be the city of Chennai, India.

You expressly agree that the Terms of Use, Privacy Policy, and any other agreements entered into between the parties are governed by the laws, rules, and regulations of India.

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19. Miscellaneous Provisions

a. Entire Agreement: These Terms of Use, together with the Privacy Policy, constitute the complete and final contract between us regarding the subject matter herein and supersede all prior communications, representations, and agreements (whether oral, written, or otherwise) relating to it.

b. Waiver: The failure to require performance of any provision of these Terms of Use at any time shall not affect our right to enforce that provision later. No waiver by us of any breach of these Terms of Use, whether by conduct or otherwise, in any instance shall be construed as a further or continuing waiver of that breach or any other breach of these Terms of Use.

c. Severability: If any provision or clause of these Terms of Use is held to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions or clauses shall not be affected or impaired. Each provision shall be valid and enforceable to the fullest extent permitted by law. In such cases, these Terms of Use shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving the original rights, intentions, and commercial expectations of the parties.

d. Contact Us: If you have any questions about these Terms of Use, the practices of the website, or your experience, you can contact us by emailing Nervos@tuta.io