Nishmira Technologies

Terms of Service

1. Introduction  

Welcome to Shamixo FM, a service by Nishmira Technologies Private Limited, registered in Azadnagar, East Singhbhum, IN 832110 (“we”, “our”, or “us”).

These Terms of Service (“Terms”) form a binding legal agreement between you (“you”, “your”, or “User”) and us, covering your use of Shamixo FM—including our web application, Android app, iOS app, and any related services we offer now or in the future.

Purpose of this Agreement

The purpose of these Terms is simple: to set clear expectations for how you can use Shamixo FM, protect our rights, and protect your rights too. This includes the use of our software, our support services, any community platforms, and future tools or features we release. If you use Shamixo FM, you agree to follow these Terms, whether you’ve clicked “I Agree” or not.

Acceptance of Terms

By creating an account, using our services, or clicking “I Agree” (where presented), you confirm that you have read, understood, and accepted these Terms. For users invited or created by another user (such as a Super Admin), your first use of the service counts as acceptance. We don’t restrict access by age, but if you’re under the legal age in your region, you must have permission from a parent or guardian.

We may update these Terms from time to time. If we do, we’ll notify you via email from [email protected]. Continuing to use Shamixo FM after an update means you accept the new version.

These Terms work together with our Privacy Policy, Refund Policy, and Acceptable Use Policy (linked at the end of this document). Please read them—they form part of your agreement with us.

2. Definitions  

For clarity, when we say:

  • “We”, “Us”, “Our” – We mean Nishmira Technologies Private Limited, the company that owns and operates Shamixo FM.
  • “You”, “Your”, “User” – Any individual or business accessing or using Shamixo FM, whether directly signing up or added by another user.
  • “Service” – The Shamixo FM web application, Android app, iOS app, related APIs, support services, community platforms, and any future tools or features we provide.
  • “Account” – The profile created to access and use Shamixo FM, whether created by you or on your behalf by another user (e.g., Super Admin).
  • “Super Admin” – A user with the highest level of control in Shamixo FM, typically responsible for creating and managing other user accounts within an organization.
  • “Content” – All data, information, text, images, documents, and other materials entered, uploaded, or generated through the Service.
  • “Company Content” – All materials, designs, code, trademarks, and other intellectual property owned by us.
  • “Third-Party Services” – Tools, applications, or services not owned by us but integrated with or accessible through Shamixo FM.
  • “Terms” – This Terms of Service agreement, along with any other policies referenced within it (such as our Privacy Policy, Refund Policy, and Acceptable Use Policy).

3. Eligibility & Account Registration  

3.1 Age Requirements

Shamixo FM is open to users of any age. However, if you are under the legal age of majority in your country, you must have the consent of a parent or legal guardian to use the Service. By using Shamixo FM, you confirm that you meet this requirement.

3.2 Account Creation and Information Accuracy

To access most features of the Service, you need an Account. You can create one yourself or be added by a Super Admin within your organization. You agree to provide accurate, complete, and up-to-date information when creating your Account and to keep that information updated. We are not responsible for any issues caused by inaccurate or outdated information in your Account.

3.3 Account Security and Responsibility

You are responsible for all activity that occurs under your Account, whether or not you authorized it. If you are a Super Admin, you are also responsible for the actions of all users you create. Keep your login credentials secure and do not share them with others. Notify us immediately at [email protected] if you suspect any unauthorized access or security breach. We are not liable for losses caused by unauthorized use of your Account due to your failure to maintain security.

4. Scope of Services  

4.1 Description of CAFM SaaS Features

Shamixo FM is a cloud-based Computer-Aided Facility Management (CAFM) platform designed to help facility management companies and individuals manage assets and operations efficiently. Key features include, but are not limited to:

  • Preventive and corrective maintenance management
  • Asset tagging and tracking
  • Work order management
  • Data recording, reporting, and analytics
  • Communication and collaboration tools
    We may add, update, or remove features at our discretion to improve the Service.

4.2 Service Availability

We aim to keep Shamixo FM available 24/7, but we cannot guarantee uninterrupted access. Occasional downtime may occur due to maintenance, updates, or events beyond our control (including force majeure events). Where possible, we will notify you in advance of scheduled downtime.

4.3 Mobile App & Web App Usage

Shamixo FM is accessible via our web application, Android app, and iOS app. While we strive to maintain consistent functionality across platforms, some features may vary or be available only on specific devices. You are responsible for ensuring your device meets the minimum technical requirements and has a stable internet connection to use the Service.

5. Subscription Plans & Payments  

5.1 Pricing & Billing Cycles

Shamixo FM operates on a subscription model. Pricing and available plans are listed on our official website or mobile apps. All prices are in the currency specified at checkout and may vary depending on your location, applicable taxes, or promotional offers.
Subscriptions are billed on a recurring basis (monthly, annually, or as otherwise stated in your plan) until cancelled. We reserve the right to update our pricing at any time, but any changes will only apply from your next billing cycle after we provide you with prior notice.

5.2 Payment Methods

We accept payment through the methods displayed at checkout, which may include credit cards, debit cards, online payment gateways, or other approved channels. You authorize us to charge your chosen payment method for the subscription fees and any applicable taxes. If a payment fails, we may suspend or restrict your access until the outstanding amount is cleared.

5.3 Refund Policy

Unless otherwise stated in a specific promotional or legal requirement, all subscription fees are non-refundable once paid.

  • No refunds or credits will be issued for partial subscription periods, unused features, or downgrades within a billing cycle.
  • If you cancel before the end of a paid billing cycle, your access will remain active until that cycle ends, after which your subscription will not renew.
  • In rare cases of proven billing errors or duplicate charges, we will issue refunds or credits at our discretion.
    Our full Refund Policy is referenced and forms part of these Terms.

5.4 Taxes

All subscription fees are exclusive of applicable taxes unless stated otherwise. You are responsible for paying any and all taxes, duties, or governmental charges associated with your subscription, except for taxes based on our income. If required by law, we may collect and remit these taxes on your behalf.

6. User Responsibilities & Acceptable Use  

6.1 Prohibited Activities

When using Shamixo FM, you agree not to:

  • Use the Service for unlawful, fraudulent, or harmful purposes.
  • Upload or distribute viruses, malware, or any malicious code.
  • Attempt to hack, bypass, or otherwise interfere with the Service’s security, authentication systems, or performance.
  • Reverse-engineer, copy, or modify our software, except as expressly permitted by law.
  • Use the Service in a way that causes harm, disruption, or degradation of performance for other users.
  • Share your login credentials or give unauthorized persons access to your Account.
  • Misuse the Service to send spam, harassment, or unauthorized communications.

6.2 Data Entry Accuracy

You are solely responsible for the accuracy, completeness, and legality of any data you input into Shamixo FM. We are not liable for any losses, errors, or damages caused by inaccurate or incomplete information entered into the Service.

6.3 Security Practices

You agree to maintain the security of your Account and promptly update your login credentials if you suspect compromise.

If you are a Super Admin, you are also responsible for ensuring that the users you create follow these Terms.

We strongly recommend:

  • Using strong, unique passwords
  • Enabling device-level security (PIN, fingerprint, face unlock, etc.)
  • Avoiding public or unsecured networks when accessing the Service

Failure to comply with these responsibilities may result in suspension or termination of your Account.

7. Intellectual Property Rights  

7.1 Ownership of Software, Content, and Trademarks

All rights, title, and interest in and to Shamixo FM, including its software, design, interface, graphics, features, and all underlying code, are the exclusive property of Nishmira Technologies Private Limited.

Our trademarks, logos, and brand names (including “Shamixo FM”) are protected by law and may not be used without our prior written consent.

7.2 Limited License to Use the Services

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use Shamixo FM for your internal business or personal purposes, in accordance with these Terms.

This license does not give you any rights to:

  • Copy, distribute, or modify our software
  • Resell or sublicense Shamixo FM
  • Create derivative works based on our Service

7.3 User Content

Any data, files, or other materials you upload or create using Shamixo FM remain your property. By using the Service, you grant us a worldwide, royalty-free license to store, process, and display your content solely for the purpose of operating and improving the Service.

7.4 Feedback

If you provide suggestions, feedback, or ideas for improving Shamixo FM, you agree that we may use them without obligation to compensate you, and that they become part of our intellectual property.

8. Customer Data & Privacy  

8.1 Data Ownership

You retain full ownership of all data, records, and other materials (“Customer Data”) that you upload or create within Shamixo FM. We do not claim ownership of your Customer Data.

8.2 Use of Data

By using the Service, you grant us a limited, worldwide, royalty-free license to store, process, back up, and display your Customer Data solely for the purpose of operating, maintaining, and improving Shamixo FM. We will never sell your data to third parties.

8.3 Data Protection

We take reasonable administrative, technical, and physical measures to safeguard Customer Data against loss, theft, and unauthorized access. However, no system is completely secure, and we cannot guarantee absolute data security.

8.4 Privacy Policy

Our Privacy Policy explains how we collect, use, and protect your personal information. By using Shamixo FM, you also agree to the terms outlined in our Privacy Policy, which forms part of this Agreement.

8.5 Data Backup & Retention

We regularly back up Customer Data for disaster recovery purposes. However, you are responsible for maintaining your own backups for critical information. If you terminate your account, we may retain your data for a limited period as required by law or for legitimate business purposes, after which it will be deleted or anonymized.

9. Third-Party Services & Integrations  

9.1 External Tools and Services

Shamixo FM may integrate with third-party applications, APIs, or services (for example, mapping services, IoT platforms, payment gateways, or communication tools) to enhance functionality. These services are not owned or controlled by us.

9.2 No Liability for Third-Party Content

We are not responsible for the content, security, or performance of any third-party service. Your use of such services is subject to the terms and privacy policies of those third parties.

9.3 Data Sharing with Third Parties

When you enable an integration, you authorize us to exchange relevant Customer Data with the third-party service as needed to operate the integration. We are not liable for any misuse of data by these external providers once it leaves our systems.

9.4 Enabling and Disabling Integrations

You may enable or disable third-party integrations at any time. Disabling an integration will stop future data sharing but will not automatically delete data previously shared with the third party.

10. Service Availability & Downtime  

10.1 Uptime Commitment

We aim to keep Shamixo FM accessible 24 hours a day, 7 days a week. While we work hard to ensure high availability, we cannot guarantee uninterrupted or error-free operation.

10.2 Scheduled Maintenance

From time to time, we may perform maintenance or upgrades to improve the Service. Whenever possible, we will provide advance notice via email or in-app notifications. Scheduled maintenance may result in temporary unavailability.

10.3 Unplanned Downtime

Unexpected outages may occur due to technical issues, internet disruptions, cyberattacks, or other events beyond our control. We will work to restore service as quickly as possible but are not liable for any losses resulting from downtime.

10.4 Force Majeure

We are not responsible for delays or failures to perform caused by events outside our reasonable control, including but not limited to natural disasters, acts of government, strikes, power outages, internet disruptions, or other similar events.

11. Termination & Suspension  

11.1 Termination by You

You may cancel your Shamixo FM subscription at any time through your account settings or by contacting us at [email protected]. Your access will remain active until the end of your current billing cycle, after which your subscription will not renew. No refunds will be issued unless stated in our Refund Policy.

11.2 Termination or Suspension by Us

We may suspend or terminate your account, with or without prior notice, if:

  • You violate these Terms or any linked policies
  • You fail to pay subscription fees when due
  • Your actions pose a security, legal, or operational risk to the Service or other users
  • Required by law or government order

11.3 Effect of Termination

When your account is terminated:

  • Your right to access the Service immediately ends
  • We may retain your data for a limited time as required by law or for legitimate business purposes
  • After the retention period, your data will be deleted or anonymized

11.4 Survival of Terms

Certain provisions of these Terms—such as Intellectual Property Rights, Limitation of Liability, Indemnification, and Governing Law—will survive termination.

12. Disclaimers & Limitation of Liability  

12.1 No Warranty

Shamixo FM is provided “as is” and “as available”, without warranties of any kind, either express or implied. We do not guarantee that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12.2 Limitation on Damages

To the maximum extent permitted by law, Nishmira Technologies Private Limited, its directors, employees, agents, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business opportunities, arising from or related to your use of Shamixo FM, even if we have been advised of the possibility of such damages.

12.3 Maximum Liability

Our total cumulative liability for any claims arising from or related to your use of Shamixo FM will not exceed the total subscription fees you paid to us in the twelve (12) months immediately preceding the event that gave rise to the claim.

13. Indemnification  

You agree to defend, indemnify, and hold harmless Nishmira Technologies Private Limited, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

  • Your use or misuse of Shamixo FM
  • Your violation of these Terms or any linked policies
  • Your infringement of any intellectual property or other rights of any person or entity
  • Any dispute between you and other users of the Service
  • Any content or data you submit, upload, or share through Shamixo FM

We reserve the right, at our own expense, to take over the exclusive defense and control of any matter subject to indemnification by you. In such cases, you agree to fully cooperate with our defense strategy.