Noosom T&C – Effective from December the 1^st 2024.

Noosom is a system that allows people to build the story of their life using posts, images, videos and documents. The system includes maps, timelines, paperback views, photo albums and other sharing features. Noosom is very private, we respect that much of your content is secret, cherished, sensitive and deeply personal, we will never share or sell it. We do give you options to share content with other Noosom users that you have linked with in advance and you get a public and private Blog section.

Noosom is the opposite of other social media platforms because it never analyses, profiles, shares or sells any user data. There are no Noosom services or processes that scan, upload and take your personal data from devices, like many other social media products do, daily. There are no annoying adverts and we offer premium features which are all private and confidential. Users can delete 100% of their data whenever they want.

We make money from annual subscriptions but we also offer a free version. We sell storage cheaper than Apple, Google and Dropbox and we offer you more packages and choices.

Noosom has re-invented social media with all the things you like and none of the things you hate. It is private, encrypted and secure. You can now share personal and private content knowing that it is only visible by the people you select and secured within the Noosom eco-system. Nobody can find you by using search engines as we mask usernames and even if someone has your Noosom reference, everything by default is hidden.

THE FOLLOWING TERMS GOVERN OUR AGREEMENT TO PROVIDE SERVICES TO YOU AS THE CUSTOMER. IT IS IMPORTANT THAT YOU READ THESE IN FULL AND CAREFULLY. BY NATURE OF HAVING A NOOSOM PRIVATE LIMITED ACCOUNT YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.

General Terms and Conditions

These General Terms & Conditions together with any Specific Terms and Conditions for your Services and the Acceptable Use Policy form the Agreement between You and Us. If any of these General Terms & Conditions are inconsistent with any Specific Terms and Conditions for your Services, then the Specific Terms & Conditions shall prevail.

By signing up for the Services you warrant that you are capable of entering into a binding contract; or are acting with the express permission of a person or organisation and using the payment details of that person and that they also agree to be bound by the terms of this Agreement. You also agree to comply and adhere to any and all applicable laws and regulations in relation to this Agreement.

Definitions

“Acceptable Use Policy” means the Noosom Private Limited policy which forms part of this Agreement and sets out the remit for your use of the Services.

“Agreement” means any agreement to which these General Terms & Conditions together with any Specific Terms & Conditions for your Services and the Acceptable Use Policy are incorporated.

“Order” means a request made by a customer for Services to be supplied pursuant to the terms of this Agreement.

“Services” means the services and or products to be provided by Noosom Private Limited.

“Noosom” means Noosom Private Limited, a company registered in India under company number U72900GJ2022PTC129710 and our registered office is at B 204, Shilp Corporate Park, Rajpath Rangoli Road, Ahmedabad, Gujarat, 380054, India.

“Us” means Noosom Private Limited, a company registered in India under company number U72900GJ2022PTC129710 and our registered office is atB 204, Shilp Corporate Park, Rajpath Rangoli Road, Ahmedabad, Gujarat, 380054, India.

“You” means the person or company who purchases services from Noosom.

1   Commencement of this Agreement

This Agreement will only commence when we provide You with written confirmation that your Order has been accepted.

2   Supply of Services

• We agree to supply the Services to You in accordance with the terms set out in this Agreement.
• We will endeavour to supply the Services to You as soon as agreed within our contract delivery timescales and in the event that we become aware of any reason for delay we shall notify You.

3   Duration and Renewal of Services

• Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in accordance with Clause 4 below will automatically be renewed for an additional 12 month period.

4   Cancellation

• When entering into this Agreement as a consumer (not in the course of conducting business) the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”) applies. In accordance with the Regulations we must not commence the supply of our Services to You for a period ending 14 days after your order is accepted by Us, unless You expressly agree for Us to commence service sooner.

• You agree to use your Noosom Private Limited System exclusively as a conventional web system. You will not use your Noosom Private Limited System or your services in any way which may result in an excessive load on the Noosom Private Limited equipment, including but not limited to installing or running web proxies, using your allotted space as online backup or storage, or mirroring mass downloads. Use of Noosom Private Limited System and your services shall be in a manner consistent with this Policy and shall not in any way impair the functioning or operation of Noosom Private Limited’s Equipment or network. Should your use of the Noosom Private Limited Services result in an overly high load on the Noosom Private Limited Equipment, in Noosom Private Limited’s sole discretion, Noosom Private Limited may suspend your account until the cause of any such overload is determined and resolved.

• Please note that by signing up for our Services You expressly agree to us commencing supply of your Services before the cancellation period has expired. As a result, You will not have the right to cancel this Agreement under the Regulations.

• For the avoidance of doubt, if You use the Services in the course of business, You will be treated as a non-consumer and statutory consumer protection will not apply to this Agreement.

• You are entitled to cancel the Services by contacting Us and giving Us 30 days’ notice. Any unpaid fees for services such as data-migration that re not paid in full will become payable immediately. Any request to cancel the Services will be actioned at the end of the current billing period. Once we accept your cancellation request You will be provided with written confirmation of cancellation. Cancellation requests will not be deemed to have been received and accepted until we have issued our written confirmation to You.

• We reserve the right to cancel and/or suspend the Services at any time without prior notice if You breach any of the terms of this Agreement.

5   Refunds

• All fees are payable in advance and are non-refundable.
• In extreme circumstances (and outside any other rights, entitlements and contract agreements) we can choose to make a full or partial refund after considering the facts. This would always be limited to a “reasonable” settlement and notification within a “reasonable time period”.
• If we choose to cancel the Services we provide to You for any reason other than a breach of the terms of this Agreement by You, we will refund You on a pro rata basis.
• In the event that Services are suspended temporarily or that any features, applications, scripts or programs are deactivated in order to ensure the stable operation and integrity of the Services You will not be entitled to a refund.

6   Payments

• Payment in respect of all Services is on demand unless specifically agreed in the contract.
• We will automatically generate an invoice in respect of the next period unless the Services have been cancelled in accordance with clause 4 above.
• All payments must be made in local currency, inclusive of applicable taxes. Payments can only be made by direct bank account transfer, CHAPS, BACS, a valid Credit/Debit Card, Direct Debit or through Paypal.
• We reserve the right to suspend all Services until payment is received in full and all outstanding charges are cleared. Any non-payment of a recurring invoice may be subject to an administration charge. You are responsible for all money owed to Us under the terms of this Agreement until it is terminated. You are also responsible for any additional costs incurred by Us in taking steps to recover any sums due by You.
• You will pay any Additional Charges as may be required from time to time by Us for reactivation of the Services due to disconnection.
• You are required to provide Us with valid contact details and a valid payment method at all times during the term of this Agreement. If any of this information is found to be invalid, we reserve the right to suspend access to your account.
• If your chosen payment method is cancelled or changed for any reason then You must notify Us immediately and provide Us with details of an alternative payment method.
• Any payments processed by third parties are also subject to those third parties’ terms and conditions of service and we make no representations and provide no warranties with respect to those third party services.
• You shall not be entitled to set off a credit against any amount owed to Us pursuant to the Agreement.
• If You fail to pay all sums due to Us, we reserve the right to interrupt, suspend or cancel your Services. Such action is without prejudice to our right to recover any and all outstanding sums from You and your obligation to pay the same to Us.
• We reserve the right to pass your debt onto a third party debt recovery agent and You accept all liability for the recovery of our costs from You.

7   Chargebacks

• If You withdraw any payments made via a bank, credit card or third party payment method (a “chargeback”), we reserve the right to interrupt, suspend or cancel your Services and/or charge a fee. Such action is without prejudice to our right to recover any and all outstanding sums from You and your obligation to pay the same to Us.

8   Appropriate use of the Services

• We reserve the right to refuse to provide any and all Services or access to our servers at any time at our discretion.
• We do not allow any content to be stored on our servers which contravenes our Acceptable Use Policy. We reserve the right to; remove such content, suspend and/or cancel the Services immediately if we consider that such content breaches the Acceptable Use Policy.
• You accept that your use of a web hosting package with unlimited web space shall be subject to the terms of the Acceptable Use Policy and You warrant that You will comply with this policy.
• We shall notify You if we become aware of any alleged breach by You of the Acceptable Use Policy.
• We reserve the right to move your data to a different server without prior notice to You or any third parties.
• Should Your use of the Services result in an overly high load on Our systems, then we may suspend Your account at our sole discretion until the cause of any such overload (legitimate or otherwise) is determined.
• You shall indemnify Us against all damages, losses and expenses arising as a result of any action or claim relating to any breach of this Agreement by You.
• In the event that we remove your data or content and/or suspend all or any Services and later reinstate such content and/or resumes the Services, You shall indemnify Us against all damages, losses and expenses arising as a result of any action or claim arising out of your breach of the Acceptable Use Policy.

9   Scheduled maintenance

• We will provide the Services to You using reasonable skill and care but at all times this will be subject to any downtime caused by scheduled or emergency maintenance or repair. We will use our best endeavours to ensure that any disruption to the Services is minimal and any scheduled work takes place during off-peak hours when possible. We will not be liable to You or any third party for losses whatsoever caused by any such downtime; whether emergency or scheduled.
• We reserve the right to deactivate individual features, applications, scripts or programs as necessary in the interests of technical progress, security, availability of technical support on the provider or manufacturer side, to ensure the stable operation and integrity of Our systems or in order to comply with Our responsibility to provide technically up-to-date solutions.
• We shall take reasonable steps to ensure that any deactivation of individual features, applications, scripts or programs will not result in changes to a core function of the Services we provide You and to offer technical alternatives (including upgrades and updated versions of software) as and when such alternatives become available.
• In the event that such changes result in changes to a core function of the Services we provide You we will endeavour to find you a viable alternative.
• In the event of changes of features, applications, scripts and programs pursuant to clause 8.2 above, You agree to cooperate and be responsible for managing any adjustments to your Services if requested to do so. We will endeavour to communicate any changes to You as soon as possible.

10   Third Party Users

• All Services provided by Us to You are intended for designated users only. You are not permitted to resell, store or give away any of the Services to third parties. You accept sole responsibility for ensuring compliance with this Agreement and the terms and conditions relevant to any chosen Services by third parties. You agree to indemnify and hold Us harmless against any losses caused or damage suffered as a result of a breach by any third parties.
• We accept no liability to You or any third parties for losses arising from third party use of your Services as set out above.

11   Usage

• Where a Service is not provided with unlimited usage as standard, you will be liable to pay any charges incurred by exceeding the agreed data use limits in relation to those Services. Any additional charges will be at the rate set out in your original package.

12   Data

• All data created or stored by You within our applications and servers are your property. We make no claim of ownership of any web server data content, email content, or any other type of data contained within your server space or within applications on servers owned by us.
• We maintain backups of our servers and infrastructure for archiving and to ensure continuity of the Services. In the event of loss of or damage to your data arising out of your actions or actions undertaken on your behalf, we will not provide You with access to any data stored by Us for archiving or backup procedures except at our sole discretion. Should your agreement with us include failover and specified data backup services, these will be both made available and used for restoration of data loss, data corruption or any other issue you request from us. Any costs relating to (but not exclusively) investigation, restoration, analysis, assistance or testing will be met by You.
• In the event of loss of or damage to your data relating to a failure in our systems or servers, we will make reasonable commercial efforts to assist You with restoring your data. Notwithstanding this, however, You accept full responsibility for checking adequate backup copies and integrity of all your data.
• You shall indemnify Us and hold Us harmless against all damages, losses and expenses arising out of a third party claim of intellectual property infringement in respect of your content or data.

13   Passwords

• It is your responsibility to keep all passwords safe, to ensure they are secure (with reference to accepted best practices) and to change passwords regularly. We are not responsible for any data losses or security compromises arising as a result of compromised passwords or as a result of You giving a third party access to your password.
• You are responsible for any and all actions arising out of the use of your account password.

14   Your personal details

• You warrant that the contact information You provide to Us is correct, and that You will update this information immediately, as required from time to time. You agree that we may suspend access to your account and the Services if we reasonably believe that the information You have supplied is inaccurate.
• You accept that if your account is paid for or managed by another nominated party, who has agreed to be bound by the terms of this Agreement that party and who has access to your account password, we may discuss your account with that party and take instructions from them in relation to the account.
• We reserve the right to email You with information about product offerings we believe may be of interest to You from time to time. You may unsubscribe from marketing communications at any time.
• We will not provide your personal information to any third parties without first obtaining your express permission unless we are required to do so by law. We may, however, need to provide your name and delivery address to third parties working in conjunction with Us to deliver specific Services to You in accordance with our Privacy Policy.

15   Disclaimers and Warranties

• Unless you have a specific data backup and/or failover system with us, We do not back up your data for data recovery purposes and whilst we will use our commercial endeavours to assist You in the event of data loss arising out of hardware failure, we do not guarantee we will be able to replace lost data. It is your sole responsibility to ensure your data is backed up for data recovery purposes.
• The Services are provided on an “as is” basis. We do not warrant or represent that any Services will be uninterrupted or completely error-free. You accept that all Services are provided warranty-free.
• Insofar as permitted by law, and with particular regard to the rights of business customers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to the Services to the fullest extent permitted by law.

16   Liability

• We shall not be liable for any loss or damage of any nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.
• We will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
• No matter how many claims are made and whatever the basis of such claims, our maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by You for the specific Services in relation to which Your claim arises during the 6 month period prior to such claim.

• Nothing in this Agreement shall operate to exclude or limit our liability for:
  • death or personal injury caused by our negligence;
  • any breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982;
  • fraud; or
  • any other liability which cannot be excluded or limited under applicable law.
• Neither party shall be liable to the other under or in connection with this Agreement or any collateral contract for any:
  • loss of revenue;
  • loss of actual or anticipated profits;
  • loss of contracts;
  • loss of business;
  • loss of opportunity;
  • loss of goodwill;
  • loss of reputation;
  • loss of, damage to or corruption of data; or
  • any indirect or consequential loss,

however arising regardless of whether such loss or damage was foreseeable or in our mutual contemplation and whether arising in or caused by breach of contract, tort, breach of statutory duty or otherwise.

17   Force Majeure

We shall not be responsible for any failure to provide any Services or perform any obligation under this Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether our employees or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by  providers of telecommunication services generally, or other similar force beyond our reasonable control.

18   Non-Waiver

Our failure to require You to perform any of your obligations under this Agreement shall not affect our right to require such performance at any time in the future and nor shall the waiver by Us of a breach of any provision be taken or held to be a waiver of the provision.

19   Survival

The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable notwithstanding termination of the Agreement for any reason. However, neither we nor You shall be liable to one another for damages of any sort resulting solely from terminating this Agreement in accordance with its terms.

20   Notice

You agree that any notice or communications required or permitted to be delivered under this Agreement by Us to You shall be deemed to have been given if delivered by email, in accordance with the contact information You have provided.

21   Intellectual Property Rights

You accept that all Intellectual Property Rights belonging to Us shall at all times during this Agreement remain vested in Noosom Private Limited / COM Software Limited.

22   Governing Law

Except as otherwise set out in the Domain Dispute Policy, Your rights and obligations and all contemplated by this Agreement shall be governed by the law of England and Wales and You submit to the exclusive jurisdiction of the English courts.

23   Legal Fees

If any legal action or proceedings, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is commenced by either You or Us, the prevailing party shall be entitled to recover reasonable legal fees, costs and disbursements from the other party, in addition to any other relief to which the prevailing party may be entitled.

24   Assignment

• You shall not assign, sub-license or transfer your rights or obligations under this Agreement to any third party without our prior written consent.
• In the event that we consent to an assignment, sub-license or transfer, then this Agreement shall be binding upon both You and Us and our respective successors and permitted assigns.

25   Amendment in Writing

We may update the General Terms and Conditions, any Specific Terms and Conditions (including any technical specification relating to the Services), the Acceptable Use Policy, Privacy Policy and any other information relating to the Services from time to time to comply with law or to meet our changing business requirements. We shall, as we deem reasonable, give You prior notice of any significant changes to the Agreement.

You further agree to review the terms and conditions regularly to ensure You are aware of any modifications and You agree to be bound by such modifications unconditionally.

26   Joint and Several Obligations

If You consist of more than one entity, your obligations under this Agreement are joint and several.

27   No Third Party Beneficiaries

This Agreement does not provide and shall not be interpreted to provide any third parties, with any remedy, claim, cause of action or privilege.

28   Entire Agreement

This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.

29   Relationship of Parties

Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.

30   Severability

In the event that any provision of this Agreement is deemed unenforceable or invalid under any applicable law or pursuant to a court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provisions with one that is valid and enforceable and which achieves, in our reasonable opinion, to the fullest extent possible, the original objectives and intent between You and Us.

31     CONTACT

This system is owned and operated by Noosom Private Limited, a company registered in India under company number U72900GJ2022PTC129710 and our registered office is at B 204, Shilp Corporate Park, Rajpath Rangoli Road,  Ahmedabad, Gujarat, 380054, India.

If you are a paid user of Noosom then all of the  terms listed above apply to you, if you are resident in any of the countries shown below. All other countries of Residence are covered by our International terms and Conditions.

Territories bound by these T&C’s:

India
Pakistan
Maldives
China
Thailand
Bangladesh
Sri Lanka
Cambodia
Vietnam
Malaysia
Philippines
Indonesia