Nexxbase’s Privacy Policy for Luna Ring (“Device”)

Nexxbase 's device, Application and related products (hereinafter collectively referred to as “Luna Ring Services”) are provided by Nexxbase Marketing Pvt Ltd. (hereinafter referred to as “Nexxbase”). This Privacy Policy ("Privacy Policy") sets out how we collect, use and disclose your data when you use our website lunazone.com("Website") and/or mobile application called Luna Ring Application ("APP").

Thank you very much for using Luna Ring Services. To have a better experience when using Luna Ring Services, please read carefully and fully understand the terms of the Luna Ring Privacy Policy (hereinafter referred to as “the Agreement”). If you do not accept the Agreement and consent, please do not use Luna Ring Services.

By creating your account or otherwise using Luna Ring Services, you shall be deemed to have agreed to be bound by the terms of the Agreement, and such terms shall constitute a binding agreement between you and Nexxbase. Below are the specific terms of the Agreement:

Read Our Privacy Policy
Eligibility to Use Luna Ring Services

2.1Information we collect

2.2 Features of Luna Ring Services pertaining to Purpose

2.3 Where we store your personal information

Create Your Account
Consent, Notice & Transparency
Essential Devices
Nexxbase’s Rights
Nexxbase’s Services

7.1 Device Data

7.2 Permission

Access Background Location

Rules of Use
Data evaluated shall not be considered for Medical purposes.
Sales and Payment
Feedback and Submission Policy
Reminders and Notifications
Third-party Services/Data Transfers
Data Retention & Deletion
Change of Nexxbase Services
Termination
Data Protection Officer (DPO)/Grievance Officer
Disclaimer
Indemnity
Limitation of Liability
Governing Law and Dispute Resolution
General Provisions
Applicability of Additional Provisions
Community Guidelines
Contact Us

Read Our Privacy Policy

For how we will deal with your data, please read our Privacy Policy. By using Luna Ring Services, you shall be deemed to have agreed that we can collect and use your information in accordance with our Privacy Policy.

Eligibility to Use Luna Ring Services

If you are under 18 years old for India and US (for EU member State- 13 to 16 Years), you are allowed to use Luna Ring Services, the consent will be provided by the parent or the legal guardian. We may terminate your account in case any faux consent.

2.1 Information we collect

Some information is required to create an account on our Services, such as your name, email address, mobile number, password, date of birth, gender, height and weight. This is the only information you have to provide to create an account with us. You may also choose to provide other types of information, such as a profile photo. Information like your height, weight, gender, and age allows us to improve the accuracy of your daily exercise and activity insights like the number of calories you burned and the distance you travelled.

By accessing and utilizing the services provided by the APP, you expressly acknowledge and agree that the collection of information is conducted for specific purposes directly related to the provision of these services. Such purposes are clearly defined and include, but are not limited to, enhancing user experience, ensuring security, and facilitating the functionality of the Luna Ring. Your continued association and use of the services signify your consent to the collection of information for these delineated purposes.

Purpose of collecting the Data: Following be the purpose of collecting your data and we do not share your data.

Delivery of our Products and Services to you; providing access to certain areas, functionalities, and features of our Products and Services.
Addressing your feedback, requests, queries, issues, complaints, and other customer care related activities pertaining to our Products and Services.
Contacting you (including via marketing emails) to provide information on existing or new products and services, features, special promotions or offers.
Research, analysis, case studies for the development and improvement of Products and Services.
To comply with the law and respond to legal requests.

2.2 Features of Luna Ring Services pertaining to Purpose:

Activity data: We collect and maintain your activity information to determine the activities performed and monitor the daily patterns that may affect your fitness.

Readiness: We collect data based on heart rate including active and resting phase thereupon. The Readiness Score from your Luna Ring is a metric that tells you how prepared you are for the day. It is a reflection of your daily capacity and indicates the amount of activity your body is prepared to rake on.

Sleep data: We collect and maintain your sleep data including sleep schedule, sleep duration, sleep habits and areas for improving your sleep.

Stress: We collect data based on your hear rate, HRV and motion throughout the day which enables tracking your physiological stress.

Energy Index: Energy Index energy monitoring combines the influences of physical activity, stress, rest, and the restorative power of sleep and displays them

Women’s Health: We collect your nightly body temperature, along with other biosignals like HRV, to create a multi-day period prediction window.

2.3 Where we store your personal information

You agree that information collected may be stored and processed in any country including United States, where we rent servers, or where we or our affiliates, subsidiaries, or agents maintain facilities in order to provide Products and Services, and by accessing, registering for, or using the Products and Services, you consent to any such transfer of Information. We store your data with Amazon Web Services cloud platform provided by Amazon Web Services, Inc. (headquartered at 410 Terry Ave. N Seattle, Washington 98109, USA) . Amazon Web Services implement security measures to protect the loss, misuse and alteration of the information, details of which are available at https://aws.amazon.com. We send the data to our backend servers from the mobile application called Luna Ring Application ("App").

You authorise us to transfer, store, and use your information in any country where we operate. Some of these countries may have different privacy and data protection laws and rules from those in the country where you live. If you do not agree to the transfer, storage and use of your information in any other country where we operate, please do not use our Platform, the Products and Services.

We do not collect or store any protected health information (PHI) defined by HIPAA.

In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice on the Website, and where required, send you an email. If for any reason, you have a reason to believe that your information shared with us is no longer secure, you may contact us via our e-mail address at dpo@nexxbase.com

Create Your Account

To take full advantage of Luna Ring Services, you need to create an account, for which purpose, you need to provide us with a valid E-mail address, mobile number and a secure password. You are responsible for ensuring the security of your account and password, and will be held liable for all actions that occur in your account. Nexxbase shall not be held liable for any of your losses or damages caused by your failure to keep your account and password confidential. If you find or suspect any security breaches in the Services or your account, please contact us.

If you do not create an account, you can only use part of the services provided by Nexxbase . When Nexxbase provides services to you, it may collect your information (refer to our Privacy Policy).

Consent, Notice & Transparency

Consent:

We recognize the importance of obtaining your explicit consent before collecting, using, or disclosing your personal information. By providing your personal data to us, you consent to its collection, processing, and storage in accordance with this Privacy Policy. We will never use your information for purposes other than those disclosed to you or without your explicit consent.

Notice:

We believe in providing clear and transparent notice regarding our data practices. This Privacy Policy serves as a notice to inform you about:

The types of personal information we collect.
How we use and process your personal data.
The purposes for which we may disclose your information.
Your rights regarding the collection and processing of your personal data.
How we protect your information and maintain its confidentiality.

Transparency:

We are committed to being transparent about our data processing activities. We strive to provide you with:

Access to information about the data we collect and how it is used.
Clear explanations of our data practices in understandable language.
Opportunities to access, update, or delete your personal information.
Open communication channels for addressing any concerns or questions you may have about your privacy rights.

Essential Devices

To take full advantage of Luna Ring Services, you need to use a supporting mobile device (such as mobile phone) that can be connected to the Internet. The maintenance and safety performance of such devices may affect the services of Luna Ring, so you are responsible for ensuring the normal operation and safety of such devices. It is your responsibility to bear all Internet access fees. Please check with your Internet provider for possible Internet data usage charges.

Nexxbase’s Rights

We follow your instructions about your information we hold. You may request details of your information collected by us, request reasons for collection, correct your information, request deletion of your information, request restricted processing of your information, the category of entities with whom we have shared it and the reason for any disclosure, request a portable copy of the information you have provided, object to processing of your information, such as for direct marketing, and where we obtain your consent, you may withdraw such consent at any time.

As per HIPAA, you can access, review, modify the collected data in respect to the information shared.

You are free to not to share any medical or other information that you consider confidential and withdraw consent for us to use data that you have already provided at point of time. In the event that you refuse to share any information or withdraw consent to process information that you have previously given to us, we reserve the right to restrict or deny the provision of our Products and Services for which we consider such information to be necessary.

You shall not duplicate, imitate or use our logo contained in Luna Ring Contents, any other Nexxbase’s trademarks including but not limited to Luna Ring that may appear in Luna Ring Services, or the overall appearance and style of Luna Ring Services without our prior written permission. Considering so will constitute "trademark infringement."

Nexxbase’ s Services

Nexxbase Services record your training data and health data, which will be used only for your private and non-commercial purposes. Below are the main functions of Luna Ring Services.

(a) Account login: you need to create and log into your account while using the either your mobile number or through the email address, in order to manage and save your training data and health data.

(b) Device management: Luna Ring Services allow you to manage your device. You can manage the use and upgrade of your device by connecting your device to your phone through Bluetooth function. You can manage your personal data on your device and/or in the APP, which will be displayed after processed through the APP.

(c) Personal information management: you can edit your avatar, nickname, sex, age, height, weight and other information in the APP.

(d) Training data recording: Luna Ring Services support the recording and display of your daily training data (walking, running, biking, swimming, etc.) and movement path (outdoor running, outdoor walking, outdoor biking, etc.) in your APP. To record your movement path, you need to enable the GPS function of your mobile phone.

(e) Health data management: After binding your device, Luna Ring Services will support the measurement, recording and display of your health data (sleep, heart rate, SpO2, stress, etc.) on your respective APP.

(f) Health reports: Generate your weekly, monthly and annual health reports based on your training data, health data and personal information, and push your health reports. Please note that these reports do not constitute professional medical advices.

(g) Functional services: Luna Ring provides additional functional services, female menstrual cycle reminder and related reminders in your APP

(h) Sharing: Share your weekly health report and other training data and health data to other social APPs on your phone.

(i) Questions and suggestions: If you encounter any problems in the course of use, you can edit and submit questions to us.

(j) Luna Ring Services allow you to share data to third-party services i.e. Apple Health and Google Fit (as and when updated), provided that you send us a sharing instruction.

Please note that we will update the APP or software from time to time, and the actual functions will depend on the version you are using.

7.1 Device Data. "Device Data" includes without limitation, the following:

Device attributes: information such as the operating system, hardware and software versions, battery level..

Device operations: information about operations and behaviours performed on the device, such as whether a Device is foregrounded or backgrounded.

Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use.

Device signals: We may collect your Bluetooth signals, and information about nearby internet access points, beacons, and cell towers.

Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location

Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address and connection speed.

Media: We might have access the media gallery on your mobile device, including without limitation, images, videos and audio files and the storage space on your phone.However, we shall always obtain your consent before accessing your images and you shall have the option to deny us such access.

7.2 Permission

The notifications feature - In order to use this feature it requires permission to send the caller details to the connected devices when the phone receives the SMS. This data is not saved by the Luna Ring app and is only used to provide notifications.

7.3 Access Background Location

When you use location-based program services or features, we may collect your location data.

Luna Ring app requires background location permission for:

When using Bluetooth to search for devices, or to connect devices with Bluetooth, most Android/IOS systems need to use location permissions to enable Bluetooth related functions.
Use positioning to display walks and runs on a map for sports activities such as outdoor running, outdoor cycling, etc. When the Luna Ring app application is running in the background, it also needs to obtain location information, and display the motion trajectory and distance to the user through the location information on the APP.

Rules of Use

Luna Ring grants you a limited, non-exclusive, non-transferable and revocable license (no sub-licensing is allowed) to: (1) use Luna Ring Services; (2) view Luna Ring Contents; (3) use the APP provided by Luna Ring Services; and (4) use the APP built into your Luna Ring device or call the APP from your phone, as authorized in the Agreement. This license will be granted only when you use Luna Ring Services for your personal and non-commercial purposes in the manner permitted by the Agreement.

You may not use, sub-license, duplicate, adapt, modify, translate, disclose, produce derivative works, disseminate, license, sell, lease, transfer, publicly display, publicly demonstrate, communicate, broadcast or otherwise use the Luna Ring Contents, Luna Ring Services or any part thereof (including any third-party software or APP), unless expressly permitted by the Agreement. You cannot obtain licenses or rights to any intellectual property owned or controlled by Luna Ring or its licensors by implied or other means, except for the licenses and rights expressly granted in the Agreement.

The information you upload/update are your contents. You are solely responsible for your contents. You agree that none of your contents will be of the following nature: false, defamatory, infringing, harmful, pornographic, offensive, bullying, harassment, scandal, hatred, incitement, threats, profanity, obscenity, invasion of privacy or otherwise objectionable, including but not limited to facilitating illegal activities, promoting violence, and any discriminatory or illegal contents that may incur civil liabilities.

Data evaluated shall not be considered for Medical purposes

Nexxbase Services are not intended for the diagnosis, handling, treatment or prevention of any disease. If you have any medical condition or heart disease, please consult your doctor before using Luna Ring Services or participating in a training program. In case of a medical emergency, please consult a medical professional immediately. Device should not be considered as a medical graded device.

Long-time contact with the wearable device may cause skin irritation or allergies to some users. To reduce discomfort, please follow the following 4 wearing and maintenance suggestions: (1) keep the device clean; (2) keep the device dry; (3) do not wear the device too tightly; (4) after long-time wearing, please take off the Ring for an hour. If you notice skin irritation, pain, tingling, numbness, burning or stiffness on your fingerwhile or after wearing the device, please take off the device and stop using it. If the symptoms persist for more than 2~3 days after you take off the device, please consult your doctor.

Using the heart rate measurement function of Luna Ring products may pose risks to users with certain diseases. If you (1) have any medical condition or heart disease, (2) are taking any photosensitive drug, (3) suffer from epilepsy or are sensitive to flashes, (4) suffer from poor blood circulation and are prone to bruising, or (5) suffer from tendinitis, carpal tunnel syndrome or other musculoskeletal diseases, please consult your doctor before using Nexxbase products.

Sales and Payment

For the sales, return and warranty policies of Luna Ring Services, please consult your dealer, distributor or other sales entities. You must accept the Agreement when placing an order. We may reject or restrict your order by any reason.

You agree that Nexxbase has the right to adjust the price of paid goods. After the new price takes effect, you will need to accept the new price when placing an order, but the products and services you have purchased before the price adjustment will not be affected. If you do not accept the new price, please stop placing new orders.

Feedback and Submission Policy

If you submit comments, suggestions or feedback to us, you agree that we can use, disclose, duplicate, distribute or utilize them in compliance with our Privacy Policy without offering you any compensation. We do not waive any right to use any suggestions or feedback that are previously known or developed by Nexxbase, or any similar or related suggestions or feedback obtained from sources other than you. Our feedback and submission policy is an integral part of the Agreement.

Reminders and Notifications

You may receive notifications, text messages, reminders, emails and other electronic communications during the use of Luna Ring Services. You agree to receive these communications. You can use “Account Settings” to control most of the communications from Services rendered through APP. We may need to send you certain communications, such as software update notifications. Any notifications, agreements, disclosures or other communications that we send to you electronically will meet any legal communication requirements, including the requirements for written communications.

Third-party Services/ Data Transfers

When we jointly offer some products and services together with our business partners and we share your personal information with such business partners, or where you have been referred to use our Products and Services by our business partners such as gyms and other B2B partners, we may share your data with them upon their request subject to informing you via email prior to sharing data with them, in such cases we cannot control or delete your data that they have stored. You will need to contact them separately and such data will be governed in accordance with the privacy policy of these third-parties respectively.

Your personal data may be transferred to and processed in countries outside the European Economic Area (EEA) that may not have the same level of data protection laws as the EEA. We will take appropriate safeguards to ensure that your personal data is protected in accordance with the GDPR, such as standard contractual clauses approved by the European Commission.

Among Luna Ring Services, the online payment service is provided by a third party, and Luna Ring will only accept the order information fed back by such third party. Such order information complies with our Privacy Policy.

If the technology permits, you can choose to transfer your information to a third party, such as Google Fit or Apple Health. You can share your training records with other social APPs on your phone, such as Mail.

Google Fit: “Luna Ring use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.”

In the case that you enter into an agreement with the third-party service provider regarding the corresponding service, Luna Ring is not a party to the agreement between you and such third party. Therefore, we strongly recommend that you read the agreement between you and the third party and the third party's privacy policy carefully. Luna Ring has no right or obligation to control or review the products or services provided by third-party service providers, and shall not be held liable for any infringement of your rights or interests in connection with the use of such third-party products or services. Luna Ring is not responsible for the contents or availability of any third-party products or services, and will not endorse any contents, products, services or other information provided by third parties in Luna Ring Services. If you do not comply with the third-party agreement and/or third-party privacy policy, the third party may take legal action against you.

Any disputes caused by the use of third-party products or services through Luna Ring Services shall be settled by the third-party service provider, and Luna Ring shall not be liable for such disputes. Luna Ring will not provide any customer support for third-party software or technology. If you need support, please contact the third-party service provider.

Data Retention & Deletion

At Nexxbase, safeguarding your data and respecting your privacy is paramount to us. We adhere to strict protocols regarding data retention and deletion to ensure compliance with relevant regulations and to uphold the integrity of your information.

We retain your data only for as long as necessary to provide you with our Products and Services or as required by law. Your information is stored solely for lawful purposes, with de-identified data potentially retained for research and statistical analysis purposes.

Upon closure of your User Account, we reserve the right to delete your data without incurring any liability. However, certain data may be retained if deemed necessary to prevent fraud, comply with legal obligations, or fulfill other legitimate purposes.

For users who opt to receive marketing communications, we maintain information about your preferences for a reasonable period, based on your last interaction with our content, Platform, Products, and Services.

Should you wish to request the deletion of your data from our systems, please reach out to us at dpo@nexxbase.com. We are committed to honoring such requests in accordance with applicable data protection laws. Please note that some data may be retained as required by law, for legitimate business purposes, or to fulfill contractual obligations. Additionally, anonymized or aggregated data may be retained for analytical and reporting purposes.

We will promptly notify you once your data deletion request has been processed. If any challenges or exceptional circumstances arise that may affect the processing timeframe, we will communicate these issues to you promptly and transparently. Your privacy and satisfaction are of utmost importance to us at Nexxbase.

Change of Nexxbase Services

Nexxbase may change or discontinue, whether temporarily or permanently, any function, component or content related to Luna Ring at any time without any notice. Nexxbase shall not be held liable to you or any third party for any revision, suspension or discontinuation of any function, component or content of Nexxbase. We reserve the right to determine the time and contents of software update: Nexxbase may send you a software update reminder, and you can choose to download and install the updated software; the updated software may also be downloaded and installed automatically by your App Store without notifying you.

Termination

We reserve the right to decide to suspend or discontinue your account or your use of all or part of Luna Ring Services or terminate these terms at any time without any liability. We will do our best to notify you before taking such actions.

You can request to 'close your account at any time by writing an email to us on support@nexxbase.com with subject line 'Account Closure'. The following data will be deleted on request of closure as per the request: 1. Account information including all personal or demographic information. 2. All data generated or synced on the App. 3. All information related to paired devices and all respective data associated to specific user account. In case the Agreement is terminated, or Luna Ring Services are suspended, or your account is closed, the other provisions of the Agreement shall remain valid.

Data Protection Officer (DPO)/Grievance Officer & Representative in compliance with HIPAA and GDPR

While acting as a Data Fiducairy, you also have the right to file a complaint with the Nexxbase’s DPO. You can file a complaint with DPO that reports to the company board of directors and serves as a contact for the grievance redressal mechanism.

Nexxbase Marketing Private Limited

15th Floor, Two Horizon Building,

Golf Course Road, Sector 43,

Gurugram, Haryana-122002

Data Protection Officer/ Grievance Officer

Representative: Pavan Kumar

Mail id: dpo@nexxbase.com

Phone No. +91 9289014890

Disclaimer

Services are provided for your use only, not for any third party's use. You agree that Luna Ring and its affiliates, third parties, and sellers shall not be held liable for any losses caused by unauthorized use of Services.

Services are provided on an “as is” basis without any kind of guarantee. Without limiting the foregoing provisions, we expressly waive all express or implied warranties arising from or in connection with the Agreement or Services, including but not limited to any warranty of merchantability, fitness for a particular purposes or non-infringement, and any guarantee arising from trading habits or business practices.

We do not guarantee that Luna Ring Services will meet your requirements, or that no interruption, safety or failure will occur during the use of Services. We do not guarantee the quality, accuracy, timeliness, authenticity, completeness or reliability of Services or any Contents. Luna Ring Services may change over time, and may vary from place to place. For example, the update of the APP or software may cause changes to Luna Ring Services, or cause the map to be unusable, inaccurate or incomplete. The use of Luna Ring Services should not replace your good judgment and common sense.

You expressly agree that APP will not provide medical advice through Services. The contents provided through APP cannot be used and should not be used to replace (a) the advice of your doctor or other medical professionals, (b) your going and seeing, or calling and consulting your doctor or other medical professionals, or (c) the information provided on any product package or label. If you have any health-related problem, please consult your doctor or other medical professional for treatment. You should never ignore medical advice or delay seeking medical advice due to any content of Luna Ring Services, or use any content of Luna Ring Services to diagnose or treat your health problems. Spreading and receiving our contents in whole or in part via the Internet, email or other means will not constitute or establish a relationship of doctor, therapist or other health care professionals with patient between you and Luna Ring.

You expressly agree that your physical activities (including but not limited to biking, running or following the training program provided in Services) have certain inherent and significant risks of property loss, personal injury or death. You will voluntarily assume all the known and unknown risks associated with such activities, even if they are caused wholly or partly by any act, omission or neglect of Luna Ring or others.

Indemnity

For any claims, prosecutions, lawsuits, demands, disputes, appeals or investigations brought against Luna Ring by any third party, government agency or industry organization based on your following actions, and all liabilities, damages, losses, costs and expenses incurred therefrom, including but not limited to reasonable attorney fees, Nexxbase has the right to claim compensation from you and be held harmless by you: (1) your access to or use of Services; (2) your contents; (3) your violation or alleged violation of any of your warranties or the Agreement; or (4) your violation of any law or third-party rights.

Besides, we reserve the right to defend against third-party claims (you are responsible for compensation). In such case, you must cooperate with us to make any effective defense.

Limitation of Liability

For any incidental, special, punitive or indirect damage arising from or in connection with your use of the Agreement, or the use of or inability to use Services, Nexxbase Services shall not be held liable, whether based on warranty, contract, tort (including negligence), product liability or other legal theories, and whether Nexxbase has ever been notified of the possibility of damage or not, even if the limited remedy provisions contained herein are deemed to have failed to achieve their necessary purpose.

In no event shall the total liability of Nexxbase arising from or in connection with the Agreement, or your use of or inability to use the Services exceed the amount paid by you for using Nexxbase Services.

The above-mentioned damage exclusion and limitation provisions are the fundamental basis for Luna Ring to make a deal with you.

In some jurisdictions, no exclusion or limitation of liability for indirect or incidental damage is allowed, so the above limitations may not apply to you.

Governing Law and Dispute Resolution

The validity and interpretation of the Agreement shall be governed by the laws of India including but not limited to Infor nation Technology Act, 2000 and applicable Digital Personal Data Protection Act, 2023 (as and when in force). If there are no applicable laws or regulations, the international commercial practices and/or general commercial practices shall apply.

HIPAA COMPLIANCE [US Only]

We do not provide medical care or advise and are thus not a Covered Entity under HIPAA (US Health Insurance Portability and Accountability Act) (”HIPAA”).

However, in respect of the health data of our US-based customers, we strive to comply with all of the requirements as per HIPAA.

GDPR COMPLIANCE [EU Member State Only]

The Company shall strive to comply with the Article 32 of the GDPR (General Data Protection Regulation) while setting out the technical and organisational measures that organisations should be implemented to protect the personal data.

The Agreement has been signed in the country of operation and customer base.

Both the user and Nexxbase agree that all disputes arising from the Agreement shall be settled through negotiation. If the negotiation fails, either party may submit such dispute to Gurugram, Haryana, India for arbitration.

General Provisions

We will notify you before making major amendments to the Agreement and give you the opportunity to view the revised terms. You can then decide whether to continue using Luna Ring Services or not. By continuing to use Services after the revision is released, you shall be deemed to have accepted the revised agreement.

If any provision of the Agreement is declared to be invalid or unenforceable by a court of competent jurisdiction for any reason, such provision shall be enforced to the maximum extent permitted, and the remaining provisions of the Agreement shall remain in full effect.

Any notifications or other communications provided by Luna Ring under the Agreement, including the notifications or communications regarding amendments to the Agreement, shall: (1) be delivered by email; or (2) be released on APP. Any notification delivered by email shall be deemed served on the date of receipt of the email.

Nexxbase's failure to exercise any rights or provisions under the Agreement shall not be deemed a waiver of such rights or provisions. No waiver of such rights or provisions shall be considered effective unless made in writing and signed by a duly authorized representative of Luna Ring. Unless otherwise expressly provided in this Section, either party's exercise of its any remedy under the Agreement shall not affect its other remedies under the Agreement or elsewhere.

Applicability of Additional Provisions

Additional provisions may apply to specific products or services. If there is any conflict between these provisions and any additional provisions, the additional provisions shall prevail.

Community Guidelines

The intermediary shall inform its rules and regulations, privacy policy and user agreement to the user in English or any language specified in the Eighth Schedule to the Constitution in the language of his choice and shall make reasonable efforts [by itself, and to cause the users of its computer resource to not host], display, upload, modify, publish, transmit, store, update or share any information that,

(i) belongs to another person and to which the user does not have any right;

(ii) is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling,2 [or an online game that causes user harm,] or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;

(iii) is harmful to child;

(iv) infringes any patent, trademark, copyright or other proprietary rights;

(v) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature 3 [or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify];

(vi) impersonates another person;

(vii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nation;

(viii) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

(viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

(x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;”.

(xii) is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game;

(xiii) violates any law for the time being in force; Explanation.—In this clause, “user harm” and “harm” mean any effect which is detrimental to a user or child, as the case may be;

Contact Us

If you have any questions about the Agreement, please contact us.

E-mail: support@gonoise.in

Nexxbase Marketing Pvt Ltd

Address: 15th Floor, Two Horizon Building,

Golf Course Road, Sector 43,

Gurugram, Haryana-122002

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