Terms and Conditions

Last updated: 24 April 2023

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Ninja Private Messenger mobile application (the "Service") operated by Nexever Private Limited ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

1. Encrypted Communication

Ninja Private Messenger provides end-to-end encryption for one-to-one and group chats, audio-video calls, media, and file sharing. This ensures that only the intended recipients can access and read the content of messages and files.

2. Chat Removal

By default, all messages and content shared within chats will be automatically removed after 24 hours. Users can also set a custom time for chat removal according to their preferences.

3. Data Privacy

We do not share any user data with third parties. All data transmitted through our Service is protected by encryption and is solely used to provide you with our Service.

4. Screenshots

The Ninja Private Messenger app disables the screenshot feature on your device to enhance privacy and security. Users are prohibited from attempting to bypass this restriction or otherwise capture content from the app.

5. In-App Purchases

Users can purchase stickers and other in-app content through the Service. All sales are final, and no refunds or exchanges will be provided.

6. Advertisements

The Service may contain advertisements provided by Google AdMob. By using the Service, you consent to the display of these advertisements.

7. Account Registration

Users are required to sign up for an account using their phone number or social logins, such as Facebook or Google, to access the Service.

8. Limitation of Liability

Nexever Private Limited and its developers are not responsible for any illegal activities conducted by users while using the Service. Users are solely responsible for their actions and compliance with applicable laws.

9. Hosting and Development

The Service is developed by our clients, and Nexever Private Limited only hosts the app and facilitates its availability on app stores.

10. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.

12. Intellectual Property

All intellectual property rights in the Service, including but not limited to trademarks, copyrights, and other proprietary rights, are owned by Nexever Private Limited or its licensors. Users agree not to copy, reproduce, or distribute any part of the Service without our prior written consent.

13. User Conduct

Users agree not to use the Service for any unlawful, abusive, or disruptive purposes. Users are also prohibited from engaging in any activity that may interfere with the proper functioning of the Service or infringe upon the rights of others.

14. Termination

We reserve the right to terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to the breach of these Terms. Upon termination of your access, your right to use the Service will immediately cease.

15. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. Nexever Private Limited disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Service will be uninterrupted, secure, or error-free.

16. Limitation of Liability

In no event shall Nexever Private Limited, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, the Service; (ii) any conduct or content of any third party on the Service; or (iii) any content obtained from the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

17. Indemnification

You agree to defend, indemnify, and hold harmless Nexever Private Limited and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Service caused damage to a third party.

18. Governing Law

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

19. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

20. Force Majeure

Nexever Private Limited shall not be liable for any failure to perform its obligations under these Terms if such failure results from any cause beyond its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

21. Third-Party Services and Links

The Service may contain links to third-party websites or services that are not owned or controlled by Nexever Private Limited. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

22. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate any of our rights and obligations under these Terms without your consent.

23. No Waiver

No waiver by Nexever Private Limited of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

24. Entire Agreement

These Terms, together with any other legal notices or additional terms and conditions or policies applicable to the Service, shall constitute the entire agreement between you and Nexever Private Limited concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

25. Updates to the Service

We reserve the right, in our sole discretion, to update, modify, or discontinue any feature, functionality, or component of the Service at any time without prior notice. We are not obligated to provide you with any support or maintenance services in connection with the Service.

26. Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Service ("Feedback"). You may submit Feedback by contacting us at [Contact Email Address]. By submitting Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

27. Contact Information

If you have any questions or concerns about these Terms or the Service, please contact us at contact@ninjapvtmsg.com