Terms of Service

These Terms of Service (“Terms”) are a legally binding agreement between you and Nalanda Guru LLC, a California limited liability company (“Nalanda,” “we,” “us,” or “our”). They cover the Nalanda iPhone app, the website at nalandaguru.com, any subscription you buy from us, and every feature, text, and service we make available through them (together, the “Service”).

By creating an account, checking the box or tapping the button that says you agree, or using the Service, you agree to these Terms and confirm that you have read our Privacy Policy. If you do not agree, do not use the Service.

1. About these Terms

What is included. These Terms incorporate our Privacy Policy and any additional terms we show you for a particular feature or offer, such as the price and renewal terms displayed at checkout. If additional terms conflict with these Terms, the additional terms control for that feature or offer only.

Plain language. We have tried to write these Terms so they can be read without a lawyer. Headings and examples are for convenience; the words “including” and “for example” mean “including without limitation.”

Your mandatory rights. Nothing in these Terms takes away any right you have under a law that cannot be waived or limited by contract. Where these Terms say something applies “to the fullest extent permitted by law,” they mean it only to that extent.

2. Who may use Nalanda

Age. You must be at least 13 years old to use Nalanda. We ask for your date of birth when you sign up, and you must answer truthfully. If you are at least 13 but under 18 (or under the age of majority where you live), you may use Nalanda only with the involvement and permission of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the Service, including any purchase. Only an adult may buy a subscription. If we learn that someone under 13 has an account, we will delete it.

United States only. Nalanda is offered only to people in the United States, through the United States App Store. We do not represent that it is appropriate or available anywhere else. If you access it from outside the United States, you do so on your own initiative and are responsible for complying with local law.

iPhone only. Nalanda is designed, built, and supported only for iPhone, running a version of iOS we support. We do not offer or support Nalanda on iPad, Mac, Apple Vision Pro, Apple Watch, Android, or any other device. If you run it in an unsupported way or on an unsupported device, we are not responsible for the result. Whether we ever add another device or country is up to us, and nothing here promises that we will.

Who may not use Nalanda. You may not use the Service if we have previously terminated your account for breaking these Terms; if you are barred from receiving services under the laws of the United States or any other applicable jurisdiction; or if you are located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, or are listed on any U.S. Government list of prohibited or restricted parties. By using the Service, you represent that none of these apply to you.

Personal use. The Service is for individual, personal, non-commercial use. If you accept these Terms on behalf of anyone else, you confirm that you have the authority to do so.

3. Your account

Signing up. You need an account to use Nalanda. You can create one with an email address and password, or by signing in with Apple or Google. Give us accurate, current information and keep it up to date. One person, one account.

Security. Keep your password and your sign-in methods secure. Do not share your account or let anyone else use it. You are responsible for everything that happens under your account unless it happens because of our own failure to protect it. Tell us promptly at support@nalandaguru.com if you think someone else has access to your account.

Usernames and profiles. Your username, display name, and profile photo must not impersonate anyone, mislead people about who you are, infringe anyone’s rights, or break our community standards (Section 11). We may reclaim or change a username that does, or that we reasonably need for another purpose (for example, to prevent confusion with an official account). Usernames are not your property.

Deleting your account. You can delete your account at any time from inside the app: tap your profile photo, then Configurations, then Delete account. Account deletion is not available on our website. If you no longer have the app, email privacy@nalandaguru.com from the address on your account and we will delete it for you. Our account deletion page and our Privacy Policy explain exactly what deletion removes and what survives it. Deletion is permanent, and we cannot restore your notes, playlists, or history afterward, except as described there.

4. Subscriptions and billing

Free and paid features

Some of Nalanda is free. Other features, including continued use of the Guru beyond the free allowance, require a paid subscription. We describe what the subscription includes on our website and at checkout. Nalanda does not sell anything inside the app. Subscriptions are sold only on our website.

Who processes your payment

Payments are processed by Stripe. Your purchase is sold through Stripe’s Link service (shown at checkout as “Sold through Link”), which acts as the reseller and merchant of record for the transaction. The reseller is responsible for processing your payment, issuing receipts and invoices, and calculating, collecting, and remitting any applicable sales tax. When you buy, you also agree to the reseller’s own terms, which it shows you at checkout, and your card statement may show a descriptor beginning with “LINK.COM*”. We never see or store your full card number. If the reseller’s terms conflict with these Terms on a matter concerning the payment transaction itself, the reseller’s terms control for that matter. Everything else about Nalanda is governed by these Terms.

Automatic renewal

Reminders. For any subscription, we send you a reminder by email at least once a year stating what you are paying, how often you are charged, and how to cancel. If we offer a plan billed annually or for longer, we will also email you before each of its renewals, stating the price, the renewal date, and how to cancel.

Failed payments. If a charge fails, we or our reseller may retry it, and we may suspend paid features until payment succeeds. If it keeps failing, we may cancel your subscription. You remain responsible for amounts you owe for the period you used.

Keep your payment details current. You authorize the reseller to use updated card details it receives from your card network or bank, where that service is available, so your subscription is not interrupted.

Taxes. Prices may not include tax. Any applicable tax is calculated and shown at checkout.

Promotions. We may occasionally offer discounts or promotional prices. Each offer has its own terms, shown when you accept it, and ends as described there. Unless the offer says otherwise, your subscription renews at the regular price when the promotion ends, and we will tell you before that happens.

Chargebacks. If you believe you were charged incorrectly, please contact us first — we fix billing mistakes quickly (Section 5). If you dispute a charge with your bank instead, we may suspend paid features while the dispute is open. This does not limit any right you have under law to dispute a charge.

5. Cancelling, refunds, and price changes

How to cancel

You can cancel at any time. You can cancel online, the same way you signed up — from your account page on our website or through the subscription management link in your receipt — without calling us, emailing us, chatting with anyone, or answering questions. We confirm every cancellation by email. If online cancellation ever does not work for you, email support@nalandaguru.com and we will fix it.

Cancellation takes effect at the end of the billing period you have already paid for. You keep paid features until then, and you will not be charged again.

Refunds

Because you keep access through the period you paid for, payments are non-refundable, including for partial billing periods and for time remaining when you cancel or delete your account. The only exceptions are:

• Billing mistakes. If you were charged in error, charged twice, or charged after you cancelled, email support@nalandaguru.com and we will refund the charge in full.
• If we end your subscription for a reason other than your breach of these Terms, or discontinue the Service, we will refund the unused portion (Sections 17 and 18).
• The law. Where applicable law gives you a refund right we do not describe here, that law controls.

Refunds go back to the original payment method. Our reseller may, under its own policies, also grant a refund in some cases.

Price changes

We may change subscription prices. If we raise the price of your plan, we will email you at least 30 days before the new price applies, and the new price takes effect only at your next renewal after that notice. The notice will tell you how to cancel. If you do not want to pay the new price, cancel before your renewal. If you do not cancel, you agree to pay the new price.

The free tier

We may change what is free and what requires a subscription, including the number of free Guru questions. We will not take away a paid feature you have already paid for during the period you paid for, except as described in Section 17.

6. Your licence to use Nalanda

Subject to these Terms, we give you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, and use the Nalanda app on an iPhone that you own or control, as permitted by the Usage Rules in Apple’s Media Services Terms and Conditions, and to use the website, in each case to read, search, highlight, annotate, and privately save the texts we make available, for your own personal, non-commercial study.

That is the whole of the licence. We and our licensors keep every other right, title, and interest in the Service. The Service is licensed to you, not sold. This licence ends automatically if you break these Terms or your account is terminated.

7. Rules you must follow

You agree not to, and not to help or allow anyone else to:

• Copy the corpus. Scrape, crawl, spider, bulk-download, systematically retrieve, mirror, cache, index, or otherwise extract the texts, translations, commentaries, search results, metadata, cover art, or other content, whether by hand, script, bot, browser extension, AI agent, or any other means. This is the rule we care about most, and we actively monitor for it.
• Train AI. Use any part of the Service, including Guru answers, to train, fine-tune, test, benchmark, or improve any machine learning or AI model, or to build any dataset.
• Redistribute. Reproduce, republish, sell, rent, lend, sublicense, broadcast, or make publicly available any content from the Service, in whole or in substantial part, or use it to build a competing product or service. Short quotations for personal, non-commercial purposes, with attribution, are fine.
• Break our protections. Circumvent, disable, or interfere with rate limits, device attestation, encryption, certificate pinning, content access controls, usage limits, paywalls, or any other security or enforcement measure — or probe, scan, or test them without our written permission.
• Reverse engineer. Decompile, disassemble, reverse engineer, or attempt to derive the source code, models, or underlying structure of the app or our servers, except to the extent applicable law expressly allows this despite this restriction.
• Use unofficial access. Access the Service other than through the official app and website, including through modified or unofficial clients, emulators, automated agents, or devices altered to defeat our protections, or access our servers or APIs directly.
• Share or resell access. Share, sell, rent, or transfer your account, your login, or your subscription, or give anyone else access to paid features.
• Evade enforcement. Create an account after we have suspended or terminated yours, create multiple accounts to get more free features (such as extra free Guru questions), or use false information to do either.
• Harm people. Use the Service to harass, threaten, bully, stalk, defame, dox, or impersonate anyone, or to post anything that breaks our community standards (Section 11).
• Misuse the Guru. Try to make the Guru produce harmful, unlawful, or hateful output, extract its instructions, or get around its safety measures (Section 12).
• Break the law. Use the Service in violation of any law or regulation, or to infringe anyone’s intellectual property, privacy, or other rights.
• Harm the Service. Upload viruses or malicious code; send spam; overload, disrupt, or impair our infrastructure; or interfere with anyone else’s use of the Service.
• Mislead about us. Suggest that we endorse you, or misrepresent your affiliation with Nalanda.

We may investigate and act on any breach, including by removing content, limiting features, suspending or terminating accounts (Section 18), and cooperating with law enforcement where appropriate. Automated copying of the corpus may also expose you to legal claims for damages.

Security research. If you believe you have found a security vulnerability, please report it to support@nalandaguru.com and do not access, change, or keep other people’s data. We will not pursue legal action against good-faith reports that follow these rules.

8. The texts and our content

What we provide. Nalanda contains scriptures, translations, commentaries, cover art, images, search tools, recommendations, and original material (together, “Our Content”). Some underlying texts are ancient and in the public domain. That does not make the particular translations, editions, arrangements, and presentation in Nalanda free to copy — a translation can be its own protected work, and our selection, structure, indexing, formatting, cover art, software, and design are ours or our licensors’, and are protected by copyright, trademark, and other laws.

Accuracy. We work to present the texts faithfully, but transcription, formatting, and translation errors happen. If you find one, please tell us at support@nalandaguru.com. We do not guarantee that any text, translation, or commentary is complete, accurate, or authoritative (Section 19).

Availability of texts. We may add, remove, edit, correct, or hide any text or content at any time, including when our right to publish it changes. No particular text is guaranteed to remain available. See Section 17.

Trademarks. “Nalanda,” “Nalanda Guru,” and our logos are our trademarks. You may not use them without our written permission. Other names and marks belong to their owners.

If you think we should not be publishing something, tell us at legal@nalandaguru.com and we will look into it promptly. For copyright complaints, see Section 16.

9. Religious and spiritual content

For study and reflection. Nalanda presents religious, philosophical, and spiritual texts for personal study and reflection. Presenting a text does not mean we endorse every idea in it, or that it is suitable for any particular person or purpose.

Not affiliated with any tradition. Nalanda is independent. We are not affiliated with, endorsed by, or speaking for any religion, denomination, temple, monastery, school, lineage, organization, or teacher, unless we clearly say so.

Many voices. Translations, introductions, and commentaries reflect the views, interpretations, and historical context of their authors, not our views. Ancient texts may contain ideas, language, or practices that some readers find offensive, outdated, or harmful, and are presented for their historical, literary, and religious significance.

Not a substitute for a teacher or a professional. Nothing in the Service is spiritual direction from a qualified teacher, or medical, psychological, legal, financial, or other professional advice. Do not use the Service in place of professional help, and do not disregard professional advice because of something you read or were shown in Nalanda. Any practice you take up is your own choice and at your own risk.

10. Content you create

It is yours. Your notes, highlights, playlists, folder names, profile information, profile photo, Guru questions, and anything else you submit (“Your Content”) remain yours. We claim no ownership of Your Content.

The licence you give us. So that we can run the Service, you give us a worldwide, non-exclusive, royalty-free licence to host, store, back up, copy, process, adapt (for example, to format or resize it), and display Your Content, solely to provide, secure, and improve the Service for you — and, for content you choose to make public, to display and distribute it to other users within the Service and in public links you share. We may use service providers to do this for us. This licence lasts while Your Content is on the Service and ends when you delete it or your account, except for copies kept as described in our Privacy Policy (for example, backups, and Guru questions as that policy explains).

What we will not do. We do not sell Your Content, license it to third parties for their own use, use it in advertising, or use it to train AI models.

Your responsibility. You are responsible for Your Content. You confirm that you have all the rights needed to post it and to grant the licence above, and that it does not break these Terms or the law. We do not endorse Your Content and are not responsible for it.

Backups. We work to keep Your Content safe, but no system is perfect. Keep your own copy of anything you cannot afford to lose. To the fullest extent permitted by law, we are not responsible for loss of Your Content except where caused by our gross negligence or wilful misconduct.

11. Public content, community standards, reporting, and blocking

Private by default. Notes and playlists are private unless you choose to make them public. Your profile (username, display name, and profile photo) and your follower counts can be seen by other users. When you make something public, anyone using Nalanda can see it together with your profile, and it may be shared through a link. Treat anything public as published. You can make it private or delete it at any time, but people may already have seen or saved it.

Reporting. You can report public content or a profile from inside the app. We review reports promptly. When a report is valid, we remove the content or make it private, and we act against the account responsible, up to and including permanent termination. Content that receives reports from multiple users may be hidden automatically while it is reviewed. You can also report a concern by emailing support@nalandaguru.com.

Blocking. You can block another user. When you block someone, neither of you can see the other’s profile or public content in Nalanda, and any follow relationship between you is removed.

Our role. We may, but are not obliged to, monitor, review, or remove public content. We may remove or restrict any content or account that we reasonably believe breaks these Terms or creates risk for users or for us. Automated systems help us enforce these standards and can make mistakes; if you think we got something wrong, email support@nalandaguru.com and it will be reviewed.

Other users. You are responsible for your interactions with other users. We are not responsible for what other users post or do. To the fullest extent permitted by law, you release us from claims arising out of disputes between you and other users. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This release does not apply to claims arising from our own conduct.

12. The Guru and other AI features

How your questions are handled. Questions you ask are sent to a third-party AI provider to be processed, and are logged and cached by us, including when personalization is turned off. Section 4 of our Privacy Policy explains exactly what happens to a question. Please do not include sensitive personal information, such as health details or other people’s private information, in a question.

No human review. Guru answers are generated automatically and are not reviewed by us before you see them. They do not represent our views. You can turn off AI summaries in the app’s settings.

Limits. Free accounts receive a limited number of Guru questions. All accounts, including paid ones, are subject to daily usage limits that protect the Service from abuse and runaway costs. We may change these allowances and limits.

Using answers. You may use Guru answers for your own personal, non-commercial purposes, subject to Section 7. Similar questions from different people may receive similar answers, so we do not promise that any answer is unique to you.

13. Personalization, recommendations, and notifications

Recommendations. Nalanda suggests texts, passages, playlists, and themes based on what you read and do in the app. These suggestions are generated automatically. They are not statements or judgments about your beliefs, and they may be wrong or unhelpful. You can turn personalization off in the app’s settings. Our Privacy Policy explains what we collect for this and what turning it off does and does not stop.

Push notifications and widgets. If you allow notifications, we may send reading reminders and announcements, such as when a new text is added. You can turn notifications off at any time in the app or in your iPhone’s settings.

Emails and electronic communications. You agree that we may send you communications electronically, by email to the address on your account or in the app, including receipts, renewal reminders, security alerts, notices of changes to these Terms, and other legal notices, and that these satisfy any legal requirement that a communication be in writing. You cannot opt out of these service communications while you have an account. If we ever send marketing emails, each one will include a way to unsubscribe. You can print or save these Terms and any notice we send you.

14. Third-party services

The Service relies on and may link to services we do not control, such as Apple, Google (for sign-in), Stripe and its Link service (for payments), cloud hosting providers, and AI providers. Your use of those services may be subject to their own terms and privacy policies, which you are responsible for following, including the terms of your wireless carrier and data plan. We are not responsible for third-party services, websites, or content, and a link is not an endorsement. If a third-party service changes or stops working, parts of Nalanda may change or stop working too.

15. Feedback

We welcome ideas, suggestions, bug reports, and other feedback. If you send us feedback, you give us a perpetual, irrevocable, worldwide, royalty-free, fully paid licence to use it for any purpose without paying or crediting you. Please do not send us anything you want to keep confidential or proprietary. This does not give us any right to Your Content (Section 10).

16. Copyright complaints

We respect intellectual property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act (“DMCA”). If you believe material on Nalanda infringes your copyright, send a written notice to our designated agent:

Copyright Agent
Nalanda Guru LLC
2108 N St, Ste N
Sacramento, CA 95816
dmca@nalandaguru.com

Your notice must include:

1. your physical or electronic signature;
2. identification of the copyrighted work you claim is infringed (or a representative list, if there are several);
3. identification of the material you claim is infringing, with enough information for us to find it (for example, the text or passage, or a link to the public note or playlist);
4. your name, address, telephone number, and email address;
5. a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
6. a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Counter-notices. If material you posted was removed and you believe that was a mistake or misidentification, you may send a counter-notice to the same agent. It must include your signature; identification of the removed material and where it appeared; a statement under penalty of perjury that you have a good-faith belief it was removed by mistake or misidentification; your name, address, and telephone number; and a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any district in which we may be found) and will accept service from the person who sent the original notice. We may restore the material as the DMCA allows.

Repeat infringers. In appropriate circumstances, we terminate the accounts of users who repeatedly infringe.

False claims. Knowingly making a material misrepresentation in a notice or counter-notice can make you liable for damages under 17 U.S.C. § 512(f).

17. Changes to the Service

Nalanda is a living product. We may add, change, suspend, or remove features, texts, limits, and content at any time, including to improve the Service, respond to legal or licensing requirements, control costs, or address security and abuse. We may also offer early or experimental features, which may be less reliable and may be withdrawn.

If we make a change that materially reduces the paid features of an active subscription, we will tell you in advance where reasonably possible, and you may cancel and receive a refund of the unused portion of your current period. If we permanently discontinue the Service, we will give you reasonable advance notice where possible and refund the unused portion of any prepaid period.

We work to keep Nalanda available, but it may sometimes be unavailable, including for maintenance, updates, or reasons outside our control. The Service requires an internet connection, and texts are not available offline.

18. Suspension and termination

By you. You can stop using Nalanda and delete your account at any time.

By us. We may suspend or terminate your account, or restrict features, if you break these Terms (in particular Sections 7 and 11), if we are required to by law, if your use creates a genuine risk of harm or legal exposure for other users or for us, if you have not paid, or if we discontinue the Service. Where it is reasonable, we will tell you why and give you a chance to fix the problem first. In serious cases — including bulk copying of the corpus, circumventing our security measures, abusive or illegal content, and evading an earlier ban — we may act immediately and without notice.

Refunds on termination. If we terminate your paid subscription for a reason other than your breach of these Terms, we will refund the unused portion of the period you paid for. If we terminate it because you broke these Terms, we are not obliged to give a refund, except where the law requires one.

Mistakes. Automated systems can restrict accounts in error. If yours is restricted and you believe it was a mistake, email support@nalandaguru.com and it will be reviewed.

What happens next. When your account ends, your licence to use the Service ends, and we handle your data as our Privacy Policy describes. If we terminate your account for breaking these Terms, you may not create a new account without our permission.

Survival. Any part of these Terms that by its nature should continue after termination continues, including Sections 7 (as to past conduct), 8, 10 (as to the licence for content not yet deleted), 11 (the release), 15, 19, 20, 21, 22, 23, 25, and any payment obligations.

19. Disclaimers

20. Limitation of liability

These limits reflect a reasonable allocation of risk between you and us, and they are part of the basis on which we offer the Service, including its free features, at the prices we charge.

21. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Nalanda Parties from any third-party claim, demand, loss, liability, damage, or expense (including reasonable legal fees) arising out of or relating to: (a) your breach of these Terms; (b) Your Content; (c) your misuse of the Service, including any copying or scraping of Our Content; or (d) your violation of any law or of anyone else’s rights. We will tell you promptly about any such claim. You may control its defence with counsel reasonably acceptable to us, provided you keep us informed; we may take part with our own counsel at our own cost. You may not settle a claim in a way that admits fault on our part or imposes obligations on us without our written consent. This section does not require you to indemnify us for our own negligence or misconduct.

22. Disputes, arbitration, and class action waiver

22.1 Talk to us first

Most disagreements can be resolved without a formal proceeding. Before either of us starts an arbitration or a small claims case, the party with the claim must send the other a written “Notice of Dispute.” You send yours by email to legal@nalandaguru.com; we send ours to the email address on your account. A Notice of Dispute must include the claimant’s name, the email address associated with the account, a description of the dispute and the facts behind it, and the relief sought, and must be personally signed by the person making the claim (and by their lawyer, if they have one). A notice sent on behalf of multiple people is not valid.

For 60 days after a complete Notice of Dispute is received, we will both try in good faith to resolve the dispute informally. If either of us asks, we will hold an individual phone or video call about it, and you must take part personally (with your lawyer, if you have one). This process is a condition to starting arbitration or a small claims case, and a court may enforce it. The deadlines for bringing the claim are paused while it runs.

22.2 Agreement to arbitrate

If the dispute is not resolved within 60 days, you and Nalanda Guru LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or our relationship — whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether it arose before or after you accepted these Terms — will be resolved by binding individual arbitration, and not in court, except as stated in Section 22.3. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section 22.

Administrator and rules. The arbitration will be administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and its fee schedule for consumer disputes, and, where they apply, its Mass Filing Supplemental Dispute Resolution Rules and Procedures (together, the “NAM Rules”), in effect when the arbitration is filed, as modified by this Section 22. The NAM Rules and information about arbitration, its procedures, and its fees are available at www.namadr.com or by calling NAM at 1-800-358-2550. If NAM is unavailable or unwilling to administer the arbitration, and we cannot agree on a substitute, a court will appoint one.

The arbitrator and the hearing. The arbitration will be heard by a single neutral arbitrator, selected under the NAM Rules, in which you and we have an equal say. The arbitrator must follow these Terms and applicable law, may allow a reasonable exchange of relevant, non-privileged information, may award on an individual basis any relief a court could award (including injunctive or declaratory relief limited to you), and must issue a written, reasoned decision. Unless you and we agree otherwise, any hearing will take place by video or phone, or, if an in-person hearing is required, in the county where you live. If your claim is for $10,000 or less, it will be decided on written submissions unless the arbitrator decides a hearing is necessary. Judgment on the award may be entered in any court with jurisdiction.

Who decides what. The arbitrator decides all issues, including the scope and enforceability of this agreement to arbitrate, except that a court has exclusive authority to decide: (a) whether the class action waiver in Section 22.5 is enforceable; (b) any issue concerning public injunctive relief (Section 22.6); (c) whether a party has satisfied Section 22.1; (d) the enforcement of the mass arbitration procedures in Section 22.7; and (e) whether a party has opted out under Section 22.4.

22.3 Exceptions: small claims and intellectual property

Either of us may instead bring an individual claim in small claims court if it qualifies and stays there on an individual basis. Either of us may also bring an individual action in court to stop the actual or threatened infringement, misappropriation, or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or unauthorized access to or copying from our systems.

22.4 Your right to opt out

You may reject this agreement to arbitrate. To do so, email legal@nalandaguru.com within 30 days after you first accept these Terms (or, if you already had an account before this version took effect, within 30 days after it takes effect), from the email address on your account, with the subject line “Arbitration Opt-Out” and a statement that you opt out of arbitration. That is all it takes. We will confirm by email. Opting out costs nothing and does not affect your account or subscription in any other way. If you opt out, disputes will be resolved in the courts described in Section 25, and the class action and jury trial waivers in Section 22.5 will not apply to you. An opt-out applies only to the person who sends it.

22.5 Class action and jury trial waiver

22.6 Public injunctive relief

Nothing in this Section 22 waives your right to seek public injunctive relief where applicable law provides that right and does not allow it to be waived. If a claim for public injunctive relief is brought, it will be severed and decided by a court in the venue described in Section 25, and stayed until any individual claims in arbitration are resolved. The arbitrator’s decision on those individual claims may be considered by the court.

22.7 Mass arbitration

If 25 or more demands for arbitration raising similar claims are filed against us, or by us, and the claimants are represented by the same or coordinated lawyers or organizations (a “Mass Filing”), the following applies in addition to the NAM Mass Filing rules:

1. Bellwether cases. The lawyers for the claimants and we will each select 25 demands (50 total) to proceed first in individual arbitrations. Only those 50 are filed and administered, and no fees are due for the others, until the first stage is complete.
2. Mediation. After the first stage, the parties will mediate the remaining demands in good faith, informed by the results of the first stage, with mediation fees paid as the NAM Rules provide.
3. Later stages. If mediation does not resolve them, the remaining demands will be filed and administered in stages of up to 100 demands at a time, selected at random, until all are resolved.
4. Deadlines paused. Every claimant’s limitation period, and every filing fee deadline, is paused for any demand not yet filed while this process runs.
5. Court enforcement. A court may enforce this Section 22.7, including by enjoining the filing or administration of demands in violation of it.

This procedure is designed to handle many claims efficiently and fairly. It does not reduce any claimant’s individual rights or remedies.

22.8 Fees and costs

Payment of NAM’s filing, administrative, and arbitrator fees is governed by the NAM Rules for consumer disputes, under which we pay the large majority of those fees. If you start the arbitration and show that the fees you would owe would be prohibitive compared with the cost of going to court, we will pay as much of them as needed to prevent that. If we start the arbitration, we will pay all NAM fees. Each party bears its own lawyers’ fees and costs, unless the arbitrator awards them under applicable law. We will not seek our lawyers’ fees from you in any arbitration unless the arbitrator finds your claim was frivolous or brought for an improper purpose.

22.9 Changes to this section

If we change this Section 22 after you have accepted it, the change will not apply to any dispute we already knew about before the change. You may reject any material change to this Section 22 by emailing legal@nalandaguru.com within 30 days after we give notice of it, in which case the version you last accepted continues to apply to you.

22.10 Survival and severability

This Section 22 survives termination of your account and of these Terms. Except as provided in Sections 22.5 and 22.6, if any part of this Section 22 is found unenforceable, the rest remains in effect. If this entire agreement to arbitrate is found unenforceable, or does not apply to a dispute, that dispute will be decided in the courts described in Section 25.

23. Apple App Store terms

These terms apply to your use of the Nalanda app downloaded from Apple’s App Store, and form part of your end-user licence agreement with us:

1. Acknowledgement. These Terms are between you and Nalanda Guru LLC only, and not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the app and its content. These Terms do not provide usage rules for the app that conflict with Apple’s Media Services Terms and Conditions in effect on the date you accept them.
2. Scope of licence. Your licence to use the app is limited to a non-transferable licence to use it on any Apple-branded product that you own or control, as permitted by the Usage Rules in Apple’s Media Services Terms and Conditions, except that the app may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing, where applicable.
3. Maintenance and support. We are solely responsible for providing any maintenance and support for the app, as described in these Terms or as required by applicable law. You and we acknowledge that Apple has no obligation whatsoever to provide any maintenance or support for the app.
4. Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the app to you. The app is free to download, so that amount is zero. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our responsibility, subject to Sections 19 and 20.
5. Product claims. You and we acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including (a) product liability claims; (b) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. These Terms do not limit our liability to you beyond what applicable law permits.
6. Intellectual property. If any third party claims that the app or your possession and use of it infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of that claim.
7. Legal compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer contact. Questions, complaints, or claims about the app should be directed to Nalanda Guru LLC, 2108 N St, Ste N, Sacramento, CA 95816; telephone (510) 736-0225; email support@nalandaguru.com.
9. Third-party terms. You must comply with applicable third-party terms of agreement when using the app, such as your wireless data service agreement.
10. Third-party beneficiary. You and we acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

24. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes to the Service or the law. We will post the updated Terms on this page and change the “Last updated” date. If a change is material, we will give you notice in the app or by email at least 30 days before it takes effect, unless a shorter period is required by law or the change only concerns a new feature, in which case it takes effect when posted. Where required, we will ask you to accept the updated Terms in the app before you continue using the Service.

If you continue to use the Service after the updated Terms take effect, you accept them. If you do not agree to them, stop using the Service and delete your account before they take effect; if you do, you may ask us to refund the unused portion of any period you have already paid for. Changes to Section 22 are also governed by Section 22.9. Changes do not apply retroactively to disputes we already knew about.

25. General terms

Governing law. These Terms, and any dispute between you and us, are governed by the laws of the State of California, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs Section 22. This does not take away the protection of mandatory consumer laws of the state where you live.

Where lawsuits go. For any dispute that is not arbitrated — including if you opt out under Section 22.4, claims for public injunctive relief, and the court exceptions in Sections 22.2 and 22.3 — you and we agree to the exclusive jurisdiction and venue of the state and federal courts located in Contra Costa County, California, and waive any objection to those courts, except that either of us may bring a small claims case where the defendant is located, and either of us may seek the court relief described in Section 22.3 in any court with jurisdiction.

Time limit to bring claims. To the fullest extent permitted by law, any claim arising out of or relating to these Terms or the Service must be started within one year after the claim arises; otherwise it is permanently barred. This does not apply where applicable law does not allow a shorter period.

Entire agreement. These Terms, our Privacy Policy, and any additional terms described in Section 1 are the entire agreement between you and us about the Service, and replace any earlier agreement about it, including our beta terms, for any period after these Terms take effect.

Severability. Except as Section 22 provides, if any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permissible or, if that is not possible, severed, and the rest of these Terms will remain in effect.

No waiver. Our failure to enforce any part of these Terms is not a waiver of our right to enforce it later. Any waiver must be in writing.

Assignment. You may not assign or transfer these Terms or your rights under them without our written consent. We may assign these Terms to an affiliate, or in connection with a merger, acquisition, reorganization, or sale of all or part of our business or assets, provided the assignee agrees to be bound by them. These Terms bind and benefit each party’s permitted successors and assigns.

Notices. We may give you notices by email to the address on your account or in the app, and they are effective when sent. Keep your email address current. You must give us legal notices by email to legal@nalandaguru.com, and they are effective when received.

Export controls. You may not use, export, or re-export the app or the Service in violation of U.S. export control or sanctions laws.

Force majeure. Neither of us is liable for a delay or failure to perform caused by events beyond our reasonable control, such as natural disasters, war, terrorism, riots, government action, pandemics, labour disputes, power or internet failures, or outages of third-party services we depend on. This does not excuse your obligation to pay for the Service you receive.

Relationship. You and we are independent parties. These Terms do not create a partnership, joint venture, employment, agency, or fiduciary relationship.

Third-party beneficiaries. Except for Apple and its subsidiaries as described in Section 23, and the Nalanda Parties as described in Sections 20 and 21, no one other than you and us has any rights under these Terms.

U.S. Government users. The app and its documentation are “commercial computer software” and “commercial computer software documentation,” licensed to U.S. Government users only as commercial items with the same rights as all other users under these Terms.

Language. These Terms are written in English. If we provide a translation, the English version controls to the extent of any conflict.

26. Notice to California users

Under California Civil Code § 1789.3, California users are entitled to the following information. The Service is provided by Nalanda Guru LLC, 2108 N St, Ste N, Sacramento, CA 95816, telephone (510) 736-0225. The app is free to download; the charges for a paid subscription are shown on our website and at checkout before you buy, and are described in Sections 4 and 5. To resolve a complaint about the Service, or to get more information, contact us at support@nalandaguru.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

27. Contact

Nalanda Guru LLC
2108 N St, Ste N
Sacramento, CA 95816
Telephone: (510) 736-0225

Support, and billing or cancellation problems: support@nalandaguru.com
Legal notices, disputes, and arbitration opt-outs: legal@nalandaguru.com
Copyright complaints: dmca@nalandaguru.com
Privacy requests: privacy@nalandaguru.com