Terms of Service
(Updated on: 5 July, 2023)

Introduction

These terms of service (these “Terms”) set forth the legally binding terms and conditions for your access and use of any websites, mobile sites, mobile applications, products or services (the “Services”) offered by Banva Technologies Service Pvt Ltd. (Banva), a company registered under the Companies Act 2013 (“Banva”, “us”, “our”, and “we”). The “Customer”, “you”, “your”, "user" shall refer to any natural person or entity and its authorized users that subscribes or uses the Services. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.

We may amend the Terms related to the Services from time to time. Amendments will be effective upon our posting of such updated Terms. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

1. Click to Accept

Before using certain areas of the Services, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of Terms of Service. Or you may indicate your acceptance by executing a Work Order form. Any consent so provided by you will be deemed to be valid consent under all applicable laws.

2. Services

https://banva.io is an AI powered browser based subtitling product which allows users to generate automatic subtitles, edit generated subtitles, burn or embed subtitles in the videos, and do other kinds of software based operations on the subtitles.

The software features offered on https://banva.io can be classified into two categories: (1) features that necessitate the use of credits and (2) features that do not require credits. Users have the option to purchase credits through an appropriate payment method. Comprehensive pricing information for credit purchases is accessible on the purchase page at purchase credits. Further details on credit deduction procedures can be found on the pricing FAQ page at Pricing FAQs. Please note that Banva reserves the right to modify its pricing policy at any time, and such modifications will become effective immediately upon implementation.

Banva reserves the right to update the Services, in order to, inter alia, introduce new features or Services, modify existing features or Services, and improve user experience and performance.

3. Accounts

a. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (1) all required registration information you submit is truthful and accurate; (2) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Banva may suspend or terminate your Account in accordance with relevant section of these terms.

b. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Banva of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Banva cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

c. Banva reserves the right to disable any Account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Banva is concerned that you may have violated the Terms of Service), or for no reason at all with or without notice to the User/Users.

4. License

a. Subject to these Terms, Banva grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services.

b.The rights granted to you in these Terms are subject to the following restrictions: (1) you shall not attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law); (2) you shall not access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

c. Banva reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Banva will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

d. You acknowledge and agree that Banva will have no obligation to provide you with any support or maintenance in connection with the Services.

e. Excluding any Customer Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Banva or its suppliers. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these terms. Banva and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

5. Customer Content

a. “Customer Content” means any and all information and content (including text, images, photos, videos, audio, and documents) that a Customer provides or makes available to Banva in connection with the use of the Services. You are solely responsible for your Customer Content. You assume all risks associated with use of your Customer Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Customer Content that personally identifies you or any third party. You hereby represent and warrant that your Customer Content does not violate our Acceptable Use Policy (defined in Section 6). You may not represent or imply to others that your Customer Content is in any way provided, sponsored or endorsed by Banva. Because you alone are responsible for your Customer Content, you may expose yourself to liability if, for example, your Customer Content violates the Acceptable Use Policy. Banva is not obligated to backup any Customer Content, and your Customer Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your Customer Content if you desire.

b. You hereby grant (and you represent and warrant that you have the right to grant) to Banva an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license (with the right to sublicense) to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the Customer Content for the purpose of supporting your use of the Services and providing Services to you. We may also use Customer Content for the purpose of supporting and developing the Services, provided that when doing so, we shall only use Customer Content in an anonymized and aggregated way. Subject only to the limited license expressly granted herein, Customer shall retain all right, title and interest in and to the Customer Content and all intellectual property rights therein. Nothing in this Agreement will confer on Banva any right of ownership or interest in the Customer Content or the intellectual property rights there.

c. We reserve the right to review any Customer Content, and to investigate and/or take appropriate action against you at our sole discretion, if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your Customer Content, terminating your Account in accordance with the relevant sections, and/or reporting you to law enforcement authorities.

d. If you provide Banva with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Banva all rights in such Feedback and agree that Banva shall have the right to use such Feedback and related information in any manner it deems appropriate. Banva will treat any Feedback you provide to Banva as non-confidential and non-proprietary. You agree that you will not submit to Banva any information or ideas that you consider to be confidential or proprietary.

6. Acceptable Use Policy

a. You agree not to use the Services to collect, upload, transmit, display, or distribute any Customer Content

(1) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(2) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
(3) that is harmful to minors in any way; or
(4) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

b. In addition, you agree not to:

(1) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data;
(2) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(3) use the Services to harvest, collect, gather or assemble information or data regarding other Customers, including e-mail addresses, without their consent;
(4) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks;
(5) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services);
(6) harass or interfere with any other Customer’s use and enjoyment of the Services;
(7) impersonate any person or entity;
(8) modify, translate, or otherwise create derivative work of any part of the Services;
(9) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder; or
(10) access Services in order to build a similar or competitive website, product, or service.

c. You agree to immediately notify us of any unauthorised use, or suspected unauthorized use of your Account, or any other breach of security, in relation to your personal information when accessing Services.

d. One Account shall not be used by more than one User. Any use of an Account by a third-party would deem to be unauthorised usage. Banva reserves the right to disable any such Account.

7. Disclaimers

a. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND BANVA (AND OUR SUPPLIERS) EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

b. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

c. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. BANVA DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES.

d. BANVA DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES.

e. BANVA IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS.

f. THE MATERIALS AS APPEARING ON OUR SERVICES MAY CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS. COMPANY RESERVES THE RIGHT, ALTHOUGH IT IS UNDER NO OBLIGATION TO DO SO, TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR MATERIAL AS APPEARING ON OUR SERVICES AT ANY TIME WITHOUT PRIOR NOTICE.

g. WE DON’T PROMISE TO STORE OR KEEP SHOWING ANY INFORMATION AND CONTENT THAT YOU’VE POSTED. BANVA DOES NOT PROVIDE A STORAGE SERVICE. YOU AGREE THAT WE HAVE NO OBLIGATION TO STORE, MAINTAIN OR PROVIDE YOU A COPY OF ANY CONTENT OR INFORMATION THAT YOU OR OTHERS PROVIDE, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW.

8. Indemnification

You agree to indemnify and hold Banva (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, (d) your Customer Content or (e) Third-Party Services. Banva reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Banva. Banva will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

9. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BANVA (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE THE SITE, EVEN IF BANVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF TEN THOUSAND RUPEES (Rs. 10,000). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

10. Payments & Refunds

a. In order to avail paid features (eg. subtitle generation) of Banva, users need to spend credits. Credits can be purchased at the purchase page (which also has pricing information) through an accepted payment method. Prices are listed in your local currency if available, and if not they are listed in USD.

b. We accept all major debit and credit cards by providers such as Visa, Mastercard, and American Express. Our payment system uses the latest security technology and is powered by Stripe, one of the world’s most reliable payment companies.

c. Customer acknowledges that for payments through certain Credit Cards, the issuer of Customer’s Credit Card may charge a foreign transaction fee or other charges.

d. We may change the pricing for purchase of credits from time to time. If you do not agree with the price changes, you can choose to not buy new credits.

e. In case of a concern or refund requests, users can reach out via email at support@banva.io and the team can internally evaluate grievances and process refunds/cancellations. The refunds shall be processed solely at the discretion of Banva.

11. Suspension and Termination

a. These Terms of Service will continue to apply to you until terminated by either you or Banva. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Services.

b. You acknowledge and agree that the perpetual license granted by you in relation to Customer Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason.

c. We may terminate the Agreements or suspend your access to the Services at any time, including in the event of your actual or suspected unauthorized use of the Services and/or Content, or non-compliance with the Agreements.

d. If you or Banva terminate the Agreements, or if we suspend your access to the Services, you agree that we shall have no liability or responsibility to you and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

e. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time. Any provision of this Agreement which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of this Agreement.

12. Contact you

a. You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of: Rendering Services; Obtaining feedback in relation to our Services; Resolving any complaints, information, or queries by other Users regarding your critical content.

b. You further agree to provide your fullest co-operation to such communication by Banva. ‍

13. Jurisdiction

The terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use of this website. The use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including and without limitation to this paragraph.

14. Entire Agreement

This Terms of Service (TOS) Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and Banva.

15. Grievance Redressal Officer

In furtherance of applicable laws including but not limited to the Information Technology Act, 2000 (“IT Act”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Guidelines”) a grievance officer is appointed to ensure compliance with the IT Act and the Intermediary guidelines. ‍Any discrepancies or grievances with regard to content and or comment or breach of the Terms of Service shall be taken up with the designated grievance officer as mentioned below in writing or through email signed with the electronic signature to:

Name: Rahul Shivaji Pawar
Email: grievance@banva.io

The grievance officer on behalf of Banva shall take best possible efforts to redress the complaint within 30 days of receipt of the complaint.

16. Support

In case you require any assistance or support, you can contact support@banva.io. Banva provides Support on Monday – Friday between the hours of 10 a.m. – 6:30 p.m. IST (except public holidays). The User agrees and acknowledges that Banva shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by Banva, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by Banva. Any suggestions by Banva regarding the use of Services shall not be construed as a warranty.

In furtherance of the applicable laws including but not limited to Consumer Protection Act 2019 (“Consumer Protection Act”) and the Consumer Protection (E- Commerce) Rules 2020 (“E-Commerce Rules”) a nodal officer is appointed to ensure compliance with the Consumer Protection Act and the E-Commerce Rules.

The details of the grievance officer to which consumer grievances can be redressed are as follows:

Name: Rahul Shivaji Pawar
Email: grievance@banva.io

The grievance officer on behalf of Banva shall take best possible efforts to redress the complaint within 30 days of receipt of the complaint.

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