Terms Of Service

Definitions and Interpretations

WHEREAS, for the purposes of these Terms of Service (hereinafter referred to as the "Terms"), and for the avoidance of any doubt, ambiguity, or misinterpretation that may arise in the construction, interpretation, or implementation thereof, and unless expressly stated otherwise or the context mandatorily requires an alternate interpretation, the following terms, phrases, and expressions shall have the meanings assigned to them hereinunder:

Legally Binding Agreement

WHEREAS, by accessing, viewing, downloading, or utilizing the Services in any manner whatsoever, you hereby expressly, unconditionally, and irrevocably acknowledge, represent, warrant, undertake, and agree that:

• These Terms constitute a legally binding, valid, and enforceable agreement between you and the Company, governing your access to and use of the Services, effective immediately upon any form of access or use of the Services
• You have read, fully understood, and agree to be unconditionally bound by all terms, conditions, obligations, affirmations, representations, and warranties set forth herein, and you undertake to ensure continuous compliance therewith
• You possess the legal capacity, authority, and competence to enter into this agreement, being either of legal age in your jurisdiction or possessing valid parental or legal guardian consent, and are not barred from entering into binding contracts under any applicable laws
• In the event you are accessing or using the Services on behalf of any entity, organization, or company, you hereby represent and warrant that you have the necessary rights, authority, and capacity to bind such entity to these Terms, and both you and such entity shall be jointly and severally bound by these Terms
• Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms, and in the event you disagree with any provision hereof, your sole and exclusive remedy is to immediately discontinue any use of the Services
• These Terms shall be binding upon and inure to the benefit of you and your successors, heirs, executors, administrators, personal representatives, and permitted assigns

Account Establishment and Management Protocol

WHEREAS, for the purposes of accessing certain features, functionalities, or components of the Services, and as a condition precedent thereto, you hereby acknowledge, understand, and agree that:

• The creation and maintenance of a user account shall be mandatory at the Company's sole and absolute discretion, and such account creation shall be subject to such terms, conditions, requirements, and verification processes as may be prescribed by the Company from time to time
• You shall be unconditionally obligated to provide accurate, current, complete, and verifiable information as required during the account registration process, and you hereby warrant and represent the authenticity and veracity of all such information provided
• You shall bear sole and exclusive responsibility for maintaining the confidentiality, security, and proper use of your account credentials, including but not limited to usernames, passwords, authentication tokens, or access codes, and shall implement reasonable measures to prevent any unauthorized access to or use of the same
• You shall immediately notify the Company, through prescribed channels, of any actual, suspected, or anticipated security breach, unauthorized access, or compromise of your account credentials, and shall fully cooperate with any investigation or remedial measures initiated by the Company

Service Access Limitations and Restrictions

WHEREAS, the Company hereby expressly reserves and maintains, at its sole, absolute, and unfettered discretion, the right to:

• Deny, restrict, suspend, or terminate access to the Services or any part thereof, to any User or class of Users, at any time, with or without prior notice, for any reason or no reason whatsoever, without incurring any liability or obligation to provide justification for such action
• Modify, limit, suspend, discontinue, or terminate, temporarily or permanently, any feature, functionality, or component of the Services, without any prior notice or liability whatsoever
• Implement, modify, or remove access restrictions, usage limitations, or eligibility criteria for any or all aspects of the Services
• Monitor, audit, log, or track any User activity, access, or usage patterns for security, compliance, or operational purposes
• Require additional verification, authentication, or validation steps prior to permitting access to certain features or functionalities

Proprietary Rights and Ownership Declaration

WHEREAS, the Company hereby expressly declares and asserts, and you explicitly acknowledge and agree, that:

• Any and all right, title, and interest, including without limitation all Intellectual Property Rights, in and to the Services, Platform, and all components thereof, whether existing now or developed subsequently, shall vest exclusively and absolutely with the Company
• The Company's proprietary artificial intelligence technologies, algorithms, methodologies, processes, systems, and all associated technological infrastructure, including any modifications, improvements, or enhancements thereto, shall remain the exclusive property of the Company
• All Generated Content, including any and all modifications, adaptations, translations, transformations, or derivative works thereof, whether created wholly or partially through the Company's technologies, shall vest exclusively with the Company
• All trademarks, service marks, logos, brand names, trade names, domain names, and other brand identifiers used in connection with the Services shall remain the exclusive property of the Company or its licensors
• No rights or licenses are granted to any Users except as expressly set forth herein, and all rights not expressly granted are hereby reserved by the Company

Limited User License Framework

WHEREAS, subject to strict compliance with these Terms and all applicable conditions, the Company hereby grants to you, and you hereby accept, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Access and utilize the Services solely for personal, non-commercial purposes in strict accordance with these Terms and any additional guidelines or policies prescribed by the Company
• Create and customize content strictly within the parameters, limitations, and specifications established by the Company, subject to the understanding that all rights in such customizations shall vest absolutely with the Company
• Download and maintain copies of Generated Content solely for personal, non-commercial use, subject to retention of all proprietary notices and restrictions
• Access and utilize features and functionalities made available through the Services, subject to such limitations, restrictions, and conditions as may be imposed by the Company

Acceptable Use Policy and Restrictions

WHEREAS, as a condition of access to and use of the Services, you hereby expressly undertake, warrant, and agree that you shall not, directly or indirectly, and shall not authorize, encourage, or facilitate any third party to:

• Engage in any unauthorized access, interference, disruption, or violation of the Services, Platform, or associated systems, including but not limited to hacking, data mining, or interference with security features
• Manipulate, modify, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from any part of the Services or any underlying software
• Circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content
• Utilize any automated systems, software, or processes to access, extract, scrape, or index any portion of the Services
• Engage in any activity that could disable, overburden, damage, or impair the functioning of the Services or interfere with any other party's use of the Services
• Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks through hacking, password mining, or any other means

Service Pricing and Payment Terms

WHEREAS, the Company maintains absolute, unilateral, and unfettered discretion regarding all pricing and payment matters, and you hereby expressly acknowledge and agree that:

• The Company reserves the exclusive and absolute right to establish, modify, revise, or update pricing for any and all Services, at any time, without prior notice or justification, and such modifications shall become effective immediately upon implementation
• All payments shall be processed through such payment processors, gateways, or mechanisms as may be designated by the Company from time to time, and you hereby consent to the sharing of necessary payment information with such processors
• You shall be solely responsible for all taxes, duties, levies, or charges imposed by any governmental authority in connection with your use of the Services
• The Company reserves the right to implement, modify, or terminate any promotional offers, discounts, or special pricing arrangements at its sole discretion

Refund and Cancellation Framework

WHEREAS, all refund and cancellation matters shall be subject to the Company's absolute discretion and the following terms:

• The Company maintains sole and absolute discretion in evaluating and determining the eligibility of any refund requests, and all decisions regarding such requests shall be final and binding
• No refunds shall be provided for any Generated Content once delivered, given its personalized and non-reversible nature
• Processing fees, service charges, and administrative costs shall be non-refundable under any circumstances
• The Company reserves the right to offer alternative forms of compensation, including but not limited to service credits, at its sole discretion

Comprehensive Service Disclaimer

WHEREAS, you explicitly acknowledge, understand, and agree that the Services are provided strictly on an "as is" and "as available" basis, and:

• THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, OR SYSTEM INTEGRATION
• THE COMPANY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR QUALITY OF ANY GENERATED CONTENT, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ERRORS, INACCURACIES, OR OMISSIONS THEREIN
• THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED
• NO ADVICE, INFORMATION, OR STATEMENT, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN

Comprehensive Liability Limitation Framework

WHEREAS, to the maximum extent permitted by applicable law:

• IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE LESSER OF: (A) THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) INR 5,000
• THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
• THESE LIMITATIONS SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE

Comprehensive Indemnification Obligations

WHEREAS, you hereby agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, licensors, and affiliates from and against:

• Any and all claims, damages, obligations, losses, liabilities, costs, debt, expenses, and fees (including reasonable attorneys' fees) arising from or relating to: (a) your access to or use of the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any privacy right, publicity right, or intellectual property right; (d) any content or information submitted, posted, or transmitted through your account; (e) your conduct in connection with the Services; or (f) your interaction with any other user
• Any regulatory fines, penalties, or sanctions imposed due to your non-compliance with applicable laws or regulations
• Any claims or actions brought by third parties resulting from your use of the Services or Generated Content
• Any losses, damages, or liabilities incurred by the Company as a result of your breach of these Terms

Comprehensive Termination Provisions

WHEREAS, the Company reserves the absolute and unilateral right, at its sole discretion, to:

• Immediately terminate, suspend, or restrict your access to the Services, in whole or in part, at any time, with or without prior notice, for any reason or no reason whatsoever, without incurring any liability or obligation to you or any third party
• Remove, delete, or archive any content, accounts, or data associated with your use of the Services upon termination or suspension
• Maintain or delete any data or content in accordance with our data retention policies and applicable laws
• Deny any future access to the Services following termination

Comprehensive Legal Framework

WHEREAS, these Terms and any disputes arising therefrom shall be exclusively governed by:

• The laws of India, without regard to its conflict of law principles, and you hereby expressly consent to the exclusive jurisdiction of the courts in India for the resolution of any disputes
• Any legal proceedings against the Company shall only be initiated in the appropriate courts having jurisdiction in India, and you hereby expressly waive any objection to such jurisdiction and venue
• Any dispute, controversy, or claim arising out of or relating to these Terms shall first be attempted to be resolved through amicable negotiations between the parties
• The Company reserves the right to seek injunctive or other equitable relief in any jurisdiction to protect its intellectual property rights and interests

Severability and Survival

WHEREAS, regarding the interpretation and enforcement of these Terms:

• If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect
• All provisions which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability
• The Company's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision
• These Terms constitute the entire agreement between you and the Company regarding the Services

Force Majeure Events

WHEREAS, the Company shall not be liable for any failure or delay in performance due to:

• Any circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemic, natural disasters, power failures, or governmental actions
• Technical failures, system outages, or infrastructure problems
• Network or telecommunications failures or delays
• Any other events that render performance impossible or impracticable