Terms & Conditions

By registering for, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms, and “you” refers to that organisation.

• “Digital Assets” means images, videos, documents, metadata, and other files uploaded to, stored in, or generated through the Service.
• “Account” means the credentialed access granted to you or your organisation.
• “Authorised User” means an individual permitted by you to access the Service under your Account.
• “Content” means all data, text, and Digital Assets made available through the Service.

You must be at least 18 years of age and legally capable of entering into a binding contract to use the Service. You agree to provide accurate, current, and complete information during registration and to keep it up to date.

You are responsible for safeguarding your Account credentials and for all activity that occurs under your Account. You must notify us promptly of any unauthorised access or suspected breach of security.

Subject to your compliance with these Terms, Opalina grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes and in accordance with any plan, order, or engagement agreed between the parties.

You agree not to, and not to permit any Authorised User to:

• Use the Service in violation of any applicable law, regulation, or export-control or defence-related restriction;
• Upload or distribute Content that is unlawful, infringing, or that you do not have the right to store or share;
• Attempt to gain unauthorised access to the Service, other accounts, or the underlying systems and networks;
• Reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent permitted by law;
• Interfere with or disrupt the integrity or performance of the Service, including by introducing malware or circumventing security controls;
• Resell, sublicense, or make the Service available to any third party except as expressly permitted.

The Service, including its software, design, trademarks, and documentation, is owned by Opalina and its licensors and is protected by intellectual-property laws. Except for the rights expressly granted in these Terms, no rights are transferred to you.

As between the parties, you retain all rights, title, and interest in the Digital Assets you upload. You grant Opalina a limited licence to host, process, transmit, and display those Digital Assets solely as necessary to provide and support the Service (including generating derivatives such as thumbnails, previews, and AI-derived metadata).

Each party may access confidential information of the other. Each party agrees to protect the other’s confidential information with the same degree of care it uses for its own, and not less than a reasonable degree of care, and to use it only to perform its obligations under these Terms.

Opalina implements administrative, technical, and organisational measures designed to protect Content against unauthorised access, loss, or disclosure. No method of transmission or storage is, however, completely secure, and we cannot guarantee absolute security.

You are solely responsible for the Digital Assets and Content you and your Authorised Users upload, and for ensuring you hold all necessary rights, consents, and permissions to do so. You represent that your Content does not infringe the rights of any third party and complies with all applicable laws.

The Service relies on third-party providers for content delivery, storage, and AI-assisted processing. Your use of those components is also subject to the respective providers’ terms. We are not responsible for the availability, accuracy, or acts and omissions of third-party services outside our reasonable control.

We aim to keep the Service available but do not warrant uninterrupted or error-free operation. We may modify, suspend, or discontinue any part of the Service, and may perform maintenance that temporarily limits availability. Where reasonably practicable, we will provide advance notice of material changes.

Where the Service is provided under a paid plan or engagement, you agree to pay all applicable fees as set out in the relevant order or agreement. Unless stated otherwise, fees are exclusive of taxes, are non-refundable, and are due in accordance with the agreed terms.

We may suspend or terminate your access to the Service if you breach these Terms, if required by law, or to protect the security or integrity of the Service. You may stop using the Service at any time.

Upon termination, your right to access the Service ceases. We will make your Digital Assets available for export for a reasonable period as agreed, after which they may be deleted in accordance with our retention practices.

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

To the maximum extent permitted by law, Opalina will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service. Our aggregate liability under these Terms will not exceed the amounts paid by you for the Service in the twelve (12) months preceding the event giving rise to the liability.

You agree to indemnify and hold harmless Opalina and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your Content, your use of the Service, or your breach of these Terms.

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles. The courts of New Delhi, India shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

For any questions about these Terms, please contact us at sales@damverse.in.