Terms of Service

1. Acceptance of these terms

These Terms of Service ("Terms") govern your access to and use of the Neighbium website, mobile applications and services (the "Platform"), operated by Neighbium ("Neighbium", "we", "us").

By creating an account, accessing the Platform or using any part of it, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Platform.

If you are accepting these Terms on behalf of a housing society, association or company, you confirm that you are authorised to bind that entity, and "you" means that entity.

2. Definitions

• "Society" means the housing society, apartment association, RWA or community that subscribes to the Platform.
• "Committee" or "Administrator" means the office-bearers and users the Society authorises to configure the Platform and manage its data.
• "Resident" means an owner, tenant or occupant of a unit within the Society, and their linked family members.
• "Society Data" means all data the Society and its users enter into or generate on the Platform.
• "Subscription" means the plan under which the Society uses the Platform.

3. Eligibility

You must be at least 18 years old and capable of entering into a binding contract under the Indian Contract Act, 1872 to hold an account.

The Platform is offered for the management of residential communities. It may not be used by anyone barred from receiving services under applicable law.

4. Accounts and access

Accounts are created by the Society or on its instruction. You are responsible for the accuracy of the information you provide and for keeping it current.

You are responsible for keeping your login credentials confidential and for all activity that takes place under your account. Do not share your credentials or let anyone else use your account.

Tell us immediately if you suspect unauthorised access. We may suspend an account where we reasonably believe it has been compromised or is being misused.

Access levels differ by role. Committees and administrators can see and manage records that ordinary residents cannot, and they are responsible for granting, reviewing and revoking access within their community.

5. Responsibilities of the Society

The Society decides what data is collected about its residents, staff and visitors, and how the Platform is configured. The Society is responsible for:

• Obtaining any consents or notices required from residents, staff and visitors for the data it collects and the features it enables, including biometric or face-recognition attendance where used.
• Ensuring the accuracy of resident records, billing heads, rates and opening balances it enters.
• Configuring retention periods, access permissions and committee roles appropriately.
• Complying with its own bye-laws and with applicable law in how it uses the Platform, including in billing, elections and meetings.
• Promptly removing access for office-bearers and staff who leave.

6. Plans, trials and billing

The Platform is offered on a Free plan and a Premium plan. What each includes is described on our pricing page and may be updated from time to time.

A free trial of the Premium plan may be offered for a limited period. At the end of a trial, unless a paid Subscription is agreed, the account may revert to the Free plan or be suspended.

Premium is quoted per Society based on size and the modules selected. Fees, the billing cycle and the payment terms are those set out in the quotation or order confirmation agreed with the Society.

Fees are exclusive of GST and any other applicable taxes, which are payable in addition at the prevailing rate.

Invoices are payable by the due date stated. We may suspend access to paid features where fees remain unpaid after notice.

Except where required by law or expressly agreed in writing, fees already paid are non-refundable. Cancelling stops future billing; it does not refund the current period.

We may revise pricing. Changes apply from the next renewal, and we will give the Society reasonable notice.

7. Online payments

Maintenance and other payments made by Residents through the Platform are processed by licensed third-party payment gateways. Those transactions are also subject to the gateway's terms.

Neighbium provides the software that initiates and records payments. We are not the recipient of maintenance dues, which are collected for and on behalf of the Society into the account the Society nominates.

Disputes about the amount charged, waivers, penalties or refunds of maintenance are matters between the Resident and the Society. Disputes about a failed or duplicated transaction should be raised with us and we will assist in tracing it with the gateway.

8. Acceptable use

You agree not to:

• Use the Platform for any unlawful purpose, or in breach of your Society's bye-laws.
• Post or transmit content that is defamatory, obscene, harassing, hateful, threatening, or that invades another person's privacy.
• Impersonate another person, or misrepresent your unit, role or authority within the Society.
• Access, or attempt to access, data belonging to another unit, another user or another society.
• Probe, scan, disrupt or attempt to breach the security of the Platform, or introduce malicious code.
• Scrape, harvest or extract resident contact details, or use them for marketing, canvassing or any purpose other than community administration.
• Reverse engineer, decompile or attempt to derive the source code of the Platform, or resell or sublicense access to it.
• Use the Platform to send unsolicited commercial messages.

We may remove content and suspend or terminate access where we reasonably believe these rules have been broken.

9. Your content

Society Data belongs to the Society and its users. Uploading content to the Platform does not transfer ownership to us.

You grant us a limited, non-exclusive licence to host, store, reproduce and transmit Society Data strictly as required to operate and support the Platform for you, and to comply with law.

You are responsible for the content you post — notices, complaints, documents, poll options and messages — and for ensuring you have the right to post it.

We do not routinely monitor content, but we may review and remove content reported to us or that we believe breaches these Terms or applicable law.

10. Intellectual property

The Platform, including its software, design, interfaces, text, graphics and the Neighbium name and logo, is owned by Neighbium or its licensors and is protected by intellectual property law.

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Platform for your Society's internal community-management purposes. No other rights are granted.

Feedback you send us about the Platform may be used to improve it without obligation to you.

11. Third-party services and hardware

The Platform may integrate with third-party services — payment gateways, communication providers, and biometric or access-control hardware the Society already owns.

Those services are provided by their own operators under their own terms. We are not responsible for their availability, accuracy or acts, and integrating them is the Society's decision.

12. Availability, support and changes

We work to keep the Platform available and reliable, but we do not guarantee uninterrupted or error-free operation. Access may be affected by maintenance, upgrades, connectivity problems or events outside our control.

We may perform scheduled maintenance, and will try to do so at low-usage times and to give notice of significant work.

We may add, change or withdraw features. Where a change materially reduces core functionality a Society relies on, we will give reasonable notice.

Support is provided through the channels described on our website and at the level applicable to the Society's plan.

13. Privacy

Our handling of personal data is described in the Privacy Policy, which forms part of these Terms. Please read it — it explains what we collect, the respective roles of the Society and Neighbium, retention, and your rights.

14. Suspension and termination

A Society may stop using the Platform at any time. Cancellation takes effect in line with the Subscription terms agreed.

We may suspend or terminate access where fees are unpaid after notice, where these Terms are materially breached, where required by law, or where continued use poses a security risk.

On termination, the right to use the Platform ends. We will make Society Data available for export for a reasonable period, after which it may be deleted in line with the Privacy Policy.

Provisions that by their nature should survive termination — including intellectual property, limitation of liability, indemnity and governing law — continue to apply.

15. Disclaimers

The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Neighbium is a software provider. We are not a security agency, an accountant, an auditor or a legal adviser. Visitor management and gate features are tools that support your security arrangements — they do not replace physical security, and we do not warrant that they will prevent any incident.

Accounting and billing outputs depend on the data and rates the Society configures. The Society remains responsible for the correctness of its accounts and for meeting its statutory obligations.

16. Limitation of liability

To the maximum extent permitted by law, Neighbium will not be liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill or anticipated savings, arising out of or in connection with the Platform.

Our total aggregate liability arising out of or in connection with these Terms in any twelve-month period will not exceed the total fees paid by the Society to Neighbium for the Platform in that period.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

17. Indemnity

You agree to indemnify and hold Neighbium harmless against claims, losses, liabilities and reasonable costs arising from your breach of these Terms, your misuse of the Platform, content you post, or your failure to obtain consents or comply with law in how your Society uses the Platform.

18. Events outside our control

Neither party is liable for failure or delay in performing its obligations where that failure results from events beyond its reasonable control, including natural disasters, epidemics, war, civil unrest, strikes, failures of public telecommunications or power networks, changes in law, or acts of government.

19. Governing law and jurisdiction

These Terms are governed by the laws of India.

The courts at Delhi have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, subject to the dispute-resolution provision below.

Before commencing proceedings, the parties will first attempt to resolve the dispute in good faith through discussion, on written notice describing the issue.

20. General

• These Terms, together with the Privacy Policy and any order confirmation, form the entire agreement between you and Neighbium about the Platform.
• If any provision is held unenforceable, the rest remains in force.
• Our failure to enforce a provision is not a waiver of it.
• You may not assign your rights under these Terms without our consent. We may assign ours as part of a business transfer.
• Nothing in these Terms creates a partnership, joint venture or employment relationship between us.

21. Changes to these Terms

We may update these Terms as the Platform and the law change. The revision date at the top of this page shows when they last changed, and we will notify Societies of material changes.

Continuing to use the Platform after a change takes effect means you accept the updated Terms.

22. Contact us

Questions about these Terms, or a grievance about the Platform, can be sent to:

• Email: support@neighbium.com