Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE NEARCOM PLATFORM. By creating an account, downloading the application, or using any part of the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you") and Korvex Technologies ("Company", "we", "us", "our"), the operator of the Nearcom mobile application and associated services (collectively, "Platform" or "Services"). These Terms are published in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 and constitute an electronic record under the said Act.

Definitions

• "Platform" — the Nearcom mobile application (iOS and Android) and any associated web services operated by Korvex Technologies
• "User" or "you" — any individual who registers for or accesses the Platform
• "User-Generated Content" or "UGC" — any content (text, images, listings, messages, comments) created or uploaded by a User
• "Neighbourhood" — the dynamic geographic area determined by a User's GPS coordinates and their chosen discovery radius
• "Community" — a named group (society, RWA, apartment complex, or other collective) that Users may create or join within the Platform
• "Marketplace" — the feature allowing Users to post listings for sale, exchange, or give-away of goods
• "Business Directory" — the feature allowing local businesses and service providers to list their details
• "Services" — all features, functionalities, and content made available through the Platform

Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years of age to register and use the Platform. By creating an account, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into a binding contract under Indian law. Nearcom is not intended for use by minors.

2.2 Registration

To use the Platform, you must register an account using a valid Indian mobile number, which will be verified via OTP. You agree to:

• Provide accurate, complete, and current registration information
• Maintain and update your information to keep it accurate and current
• Maintain the confidentiality of your account credentials (password and OTP codes)
• Not share your account with any other person
• Notify us immediately of any unauthorised access at contact@korvextechnologies.com

2.3 One Account Per Person

Each person may maintain only one active Nearcom account. Creating multiple accounts to circumvent suspensions, bans, or platform rules is strictly prohibited and may result in permanent suspension of all associated accounts.

Nature of Platform — Intermediary

Nearcom is an intermediary platform as defined under Section 2(1)(w) of the Information Technology Act, 2000. Korvex Technologies:

• Does NOT create, publish, author, or editorially control any User-Generated Content
• Does NOT own, hold, or assume responsibility for the accuracy, legality, quality, or appropriateness of UGC
• Does NOT initiate, select, or modify content transmitted between users
• Does NOT act as a publisher or speaker of any UGC for the purposes of any law

Korvex Technologies claims the benefit of the safe harbour protection available to intermediaries under Section 79 of the IT Act. Users, not Nearcom, are solely responsible for the content they post, share, or transmit on the Platform.

User Obligations and Acceptable Use

4.1 General Conduct

You agree to use the Platform only for lawful purposes and in a manner consistent with these Terms, all applicable Indian laws, and community standards.

4.2 Prohibited Content

You must NOT post, upload, share, or transmit any content that:

• Is unlawful, obscene, pornographic, defamatory, threatening, harassing, abusive, hateful, or racially or ethnically offensive
• Promotes violence, terrorism, extremism, or discrimination
• Infringes the intellectual property rights of any third party
• Violates the privacy rights of any individual
• Constitutes spam, chain messages, or unsolicited commercial communications
• Contains malware, viruses, or malicious code
• Is false, misleading, or fraudulent, including fake emergency or SOS alerts
• Violates Sections 66A, 66C, 66D, 67, 67A, or 67B of the Information Technology Act, 2000
• Violates the Indian Penal Code, 1860 (defamation, obscenity, public mischief, hate speech)
• Violates the Protection of Children from Sexual Offences Act, 2012 (POCSO)

4.3 Prohibited Conduct

You must NOT:

• Impersonate any person or entity, or misrepresent your affiliation
• Use the Platform to stalk, harass, bully, or intimidate any other user
• Attempt to gain unauthorised access to any part of the Platform or another user's account
• Reverse-engineer, decompile, or attempt to extract the source code
• Use automated bots, scrapers, or scripts to access or collect data
• Manipulate the neighbourhood verification, discovery radius, or community membership systems
• Post false or malicious reports against other users or their content
• Use the Platform for any commercial solicitation without our prior written consent (excluding legitimate business directory listings)
• Register an address or location that is not your genuine residential or business address

User-Generated Content

5.1 Your Responsibility

You are solely and exclusively responsible for all content you post. Korvex Technologies does not pre-screen, moderate, or verify UGC before it is published. By posting content, you represent and warrant that: (a) you own the content or have all necessary rights, licences, and permissions to post it; (b) the content does not infringe the rights of any third party; (c) the content complies with these Terms and applicable Indian law.

5.2 Licence to Nearcom

By posting content on the Platform, you grant Korvex Technologies a non-exclusive, royalty-free, worldwide, sublicensable licence to store, host, reproduce, modify (for formatting purposes only), display, and distribute your content solely for the purposes of operating and improving the Services. This licence terminates when you delete the content or your account.

5.3 No Endorsement

The presence of any User-Generated Content on the Platform does not constitute Nearcom's endorsement of, or agreement with, that content.

Neighbourhood, Location, and Community Features

You agree to register only your genuine residential address and GPS location. Providing false location information to access a neighbourhood or community you do not belong to is a violation of these Terms and may result in account suspension.

Community membership (for named societies, RWAs, and apartment complexes) is subject to approval by the community administrator. Communities are user-created and managed, and Korvex Technologies is not responsible for the actions of community administrators or members.

Emergency and SOS alerts posted on the Platform are intended for genuine safety situations only. Misuse of emergency features is a serious violation of these Terms and may also be an offence under Indian law.

Marketplace — No Liability for Transactions

• Nearcom is NOT a party to any transaction between buyers and sellers
• Nearcom does NOT verify the quality, safety, authenticity, legality, or title of any item listed
• Nearcom does NOT facilitate, process, or intermediary any payment — all transactions occur entirely offline between users, at their own risk
• Nearcom expressly disclaims any and all liability for loss, damage, injury, or dispute arising from marketplace transactions

Users are solely responsible for conducting appropriate due diligence before engaging in any marketplace transaction. Nearcom strongly advises users to meet in safe, public locations and to exercise caution when transacting with strangers.

You must not list items that are illegal, counterfeit, stolen, prohibited by law, or otherwise violate these Terms. Nearcom reserves the right to remove any listing at its discretion.

Business Directory

The Business Directory allows local businesses and service providers to list contact and service information. By creating a business listing, you represent that:

• You are the authorised representative of the business and have the right to create the listing
• All information in the listing is accurate, complete, and not misleading
• The business operates lawfully under applicable Indian law

The "promote/feature" option for business listings is a manual, offline process. No payment is processed through the Platform. Nearcom is not responsible for the quality, legality, or conduct of any listed business.

Direct Messaging and Community Chat

The direct messaging and community group chat features are provided for lawful, neighbourly communication between registered users. You agree not to use these features to send spam, unsolicited commercial messages, harassing communications, or any content that violates Section 4.

Important: Messages sent through Nearcom are encrypted in transit (HTTPS/TLS) and encrypted at rest (AES-256-GCM) on our servers. They are NOT end-to-end encrypted. You should not share sensitive personal, financial, legal, or confidential information through the Platform's messaging features.

Trust, Safety, and Moderation

10.1 Reporting

Nearcom provides in-app tools to report content or users that you believe violate these Terms or applicable law.

10.2 Moderation

Korvex Technologies maintains an internal moderation system. We reserve the right — but have no obligation — to review, monitor, edit, or remove any UGC. Moderation actions include content removal, content hiding, user warnings, temporary suspension, and permanent account termination.

10.3 Consequences of Violation

Violation of these Terms may result in, at Nearcom's discretion: (a) content removal; (b) warning notice; (c) temporary account suspension; (d) permanent account termination; (e) reporting to law enforcement authorities where required by law.

Advertisements

Nearcom displays in-app advertisements served by Google AdMob. By using the Platform, you acknowledge that Google AdMob may collect certain device and usage information as described in our Privacy Policy. Nearcom does not endorse any advertised product or service.

Intellectual Property

12.1 Nearcom's Intellectual Property

The Nearcom name, logo, application design, interface, source code, and all content created by Korvex Technologies are the exclusive intellectual property of Korvex Technologies and are protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and the Information Technology Act, 2000.

12.2 Respect for Third-Party Rights

You must not post content that infringes the copyright, trademark, or other IP rights of any third party. Takedown requests may be submitted to contact@korvextechnologies.com.

Disclaimers and Limitation of Liability

13.1 "As Is" Service

THE NEARCOM PLATFORM AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

13.2 No Liability for User-Generated Content

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KORVEX TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY UGC OR FOR ANY LOSS ARISING FROM: (a) CONTENT POSTED BY USERS; (b) MARKETPLACE TRANSACTIONS; (c) INTERACTIONS BETWEEN USERS; (d) BUSINESS DIRECTORY LISTINGS; (e) COMMUNITY GROUPS.

13.3 Limitation of Liability

KORVEX TECHNOLOGIES' TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (a) INR 1,000; OR (b) THE AMOUNT PAID BY YOU TO KORVEX TECHNOLOGIES IN THE 3 MONTHS PRECEDING THE CLAIM.

13.4 Indemnification

You agree to indemnify, defend, and hold harmless Korvex Technologies from and against any claims arising from your use of the Platform, your UGC, or your violation of these Terms or applicable law.

Termination

You may terminate your account at any time by using the account deletion option within the Platform. Korvex Technologies may suspend or terminate your account, with or without notice, for violation of these Terms or conduct harmful to other users. Clauses 3, 5, 7, 12, 13, 15, and 16 shall survive termination.

Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of India.

15.2 Jurisdiction

The parties submit to the exclusive jurisdiction of the courts at Anupgarh, Rajasthan, India.

15.3 Consumer Forum

Nothing in these Terms shall restrict your right to approach the appropriate consumer forum under the Consumer Protection Act, 2019.

Grievance Officer

In accordance with Rule 3(2) of the IT (Intermediaries Guidelines) Rules, 2021:

The Grievance Officer will acknowledge all complaints within 24 hours and resolve them within 15 days.

Amendments

Korvex Technologies reserves the right to amend these Terms at any time. Material amendments will be notified via in-app notification at least 7 days before the effective date. Your continued use of the Platform after the effective date constitutes your acceptance.

Miscellaneous

• Severability: If any provision is held invalid, the remaining provisions shall continue in full force
• Waiver: Failure to enforce any provision shall not be a waiver of future enforcement
• Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and Korvex Technologies
• Assignment: You may not assign your rights without our prior written consent; Korvex may freely assign its rights
• Force Majeure: Korvex Technologies shall not be liable for failure due to causes beyond its reasonable control
• Language: These Terms are written in English; the English version shall prevail in case of translation conflicts

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