Standard AI Service Terms

These Standard AI Service Terms ("Terms") govern your access to and use of the artificial intelligence services, platforms, models, APIs, software, and related tools (collectively, the "Services") provided by Prodgain.ai Private Limited ("Prodgain.ai," "we," "our," or "us"). By accessing or using the Services, you ("Customer," "you," or "your") agree to be bound by these Terms.

1. Scope of Services

1.1 Provision of Services. Prodgain.ai provides access to generative artificial intelligence capabilities, including but not limited to natural language processing, content creation, data analysis, and integration with third-party APIs such as OpenAI, Gemini, and other licensors.

1.2 Third-Party Dependencies. The Services may rely on, or incorporate, third-party technologies, APIs, or data sources. Your use of the Services constitutes acceptance of the additional obligations, restrictions, and limitations imposed by such third-party providers.

1.3 Service Evolution. Prodgain.ai may update, enhance, suspend, or discontinue portions of the Services at any time, with or without notice, to maintain security, functionality, or compliance.

2. Intellectual Property Rights

2.1 Customer Inputs. You retain ownership of all prompts, instructions, data, files, and materials you submit to the Services ("Inputs"). You grant Prodgain.ai a limited, non-exclusive license to use Inputs solely to provide and improve the Services.

2.2 Generated Outputs. Subject to compliance with these Terms and applicable third-party provider terms:

• You own the rights to the content, material, or results generated by the Services ("Outputs"), to the extent permitted by law.
• Prodgain.ai makes no representations that Outputs are free from third-party claims (including copyright, trademark, or other intellectual property rights). You are responsible for ensuring lawful use of Outputs.

2.3 Underlying Technology. All intellectual property rights in and to the Services, including source code, algorithms, models, interfaces, training data, APIs, and documentation ("Underlying Technology"), remain the sole property of Prodgain.ai and its licensors. These Terms do not transfer ownership of any Underlying Technology.

2.4 Feedback. Any feedback, suggestions, or recommendations you provide may be freely used by Prodgain.ai without restriction, and you hereby assign all rights in such feedback to Prodgain.ai.

3. Acceptable Use

You shall not use the Services to:

• Violate any applicable law, regulation, or contractual obligation.
• Generate, disseminate, or facilitate content that is defamatory, obscene, hateful, misleading, or otherwise harmful.
• Infringe or misappropriate the rights of any third party, including intellectual property, privacy, or publicity rights.
• Train, develop, or attempt to replicate competing AI systems.
• Bypass security measures, decompile, reverse engineer, or interfere with the functionality of the Services.
• Engage in automated scraping, harvesting, or bulk extraction of model outputs.
• Use the Services for high-risk applications (medical diagnosis, legal advice, financial guidance, military or defense systems, surveillance) without qualified human review and compliance with applicable regulatory requirements.
• Use the Services in connection with spam, disinformation campaigns, or activities reasonably likely to cause harm to individuals or the public.

4. Liability Allocation

4.1 Disclaimer of Warranties. The Services are provided "as is" and "as available." Prodgain.ai disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, or availability.

4.2 Limitation of Liability. To the maximum extent permitted by law:

• Prodgain.ai shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, loss of business, or data loss, arising from use of the Services.
• Prodgain.ai's total liability for all claims under these Terms shall not exceed the greater of (i) the fees paid by you to Prodgain.ai in the six (6) months preceding the claim, or (ii) USD 100.

4.3 Indemnity. You agree to defend, indemnify, and hold harmless Prodgain.ai, its officers, employees, contractors, and licensors against any claims, liabilities, damages, costs, and expenses arising from (i) your use of the Services, (ii) your violation of these Terms, or (iii) your Outputs or Inputs infringing third-party rights.

5. Compliance and Privacy

5.1 Data Protection. Prodgain.ai processes personal data in accordance with its Privacy Policy and applicable laws, including India's Digital Personal Data Protection Act, 2023 ("DPDPA"), GDPR (where applicable), and other relevant frameworks.

5.2 Third-Party Terms. Use of the Services may be subject to third-party terms and conditions (e.g., OpenAI, Gemini). You are responsible for complying with such terms, which may affect ownership and permitted uses of Outputs.

5.3 Legal Requests. Prodgain.ai may disclose data or Outputs if required by law, governmental authority, or court order, subject to applicable confidentiality protections.

6. Term, Suspension, and Termination

6.1 Term. These Terms remain in effect until terminated by either party.

6.2 Suspension. Prodgain.ai may suspend access immediately if you breach these Terms, misuse the Services, or if suspension is required for security or compliance reasons.

6.3 Termination. Either party may terminate by notice. Upon termination, your rights to use the Services end immediately, but provisions concerning intellectual property, liability, indemnity, and compliance will survive.

7. General Provisions

7.1 Governing Law and Jurisdiction. These Terms shall be governed by the laws of India. Courts in [Insert City, India] shall have exclusive jurisdiction.

7.2 Force Majeure. Prodgain.ai shall not be liable for delays or failures caused by events beyond its reasonable control (natural disasters, internet outages, government actions, strikes).

7.3 Assignment. You may not assign or transfer your rights without Prodgain.ai's prior written consent. Prodgain.ai may assign its rights to an affiliate or successor entity.

7.4 Severability. If any provision is held invalid, the remaining provisions shall remain in full effect.

7.5 Entire Agreement. These Terms, along with the Privacy Policy and any additional service-specific terms, constitute the complete agreement between you and Prodgain.ai.

7.6 Notices. Notices shall be in writing and delivered electronically to the email address associated with your account, or to Prodgain.ai at privacy@prodgain.com.

8. Model Output Responsibility

8.1 No Assurance of Accuracy. The Services may generate text, images, or other content automatically. Prodgain.ai does not guarantee that any Output will be accurate, complete, reliable, current, lawful, or suitable for any specific purpose. Outputs may contain factual inaccuracies, biases, offensive material, or unintended results.

8.2 Human Review Required. You acknowledge and agree that Outputs are not a substitute for professional judgment. You are solely responsible for evaluating the accuracy, relevance, and appropriateness of Outputs before relying on or using them.

8.3 High-Risk Use. The Services must not be used as the sole basis for medical, legal, financial, safety-critical, or other high-stakes decisions. Any such use must be subject to qualified human oversight.

8.4 Customer Responsibility. You are solely responsible for:

• The manner in which you use Outputs,
• Any reliance placed upon Outputs,
• Ensuring Outputs do not violate applicable laws, third-party rights, or regulatory requirements.

8.5 No Liability for Outputs. Prodgain.ai disclaims all liability for damages, losses, or claims arising from or relating to Outputs, including inaccuracies, misuse, or reliance by you or third parties.

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