These Terms and Conditions, together with the Privacy Policy, Data Processing Addendum, Acceptable Use Policy, and any order form, statement of work, or subscription agreement referencing them (collectively, the "Terms"), constitute a legally binding agreement between AISTIV (OPC) Private Limited, a one person company incorporated under the Companies Act, 2013 with CIN U62011KA2026OPC222931 and registered office in Bangalore, Karnataka, India ("AISTIV", "Company", "we", "us", or "our"), and the individual, business, organisation, or government entity accessing or using AISTIV's websites, applications, APIs, software, SaaS platforms, AI/ML systems, hardware, or related services ("you", "User", "Customer", or "Client").
By creating an account, clicking "I Agree," accessing any API key, downloading any application, or otherwise using any AISTIV product or service (collectively, the "Services"), you confirm that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity.
These Terms apply uniformly to business-to-business ("B2B") and business-to-consumer ("B2C") use of the Services, subject to the jurisdiction-specific consumer-protection provisions in Section 17, which take precedence over any conflicting general provision where you qualify as a "consumer" under applicable law.
Drafting note: Insert the live effective date and version-control log before publication. Maintain an auditable changelog of material revisions.
AISTIV develops, deploys, and commercialises: (a) AI Systems including LLMs, generative AI, NLP, computer vision, speech, and predictive/recommendation engines; (b) Software-as-a-Service, Platform-as-a-Service, and Infrastructure-as-a-Service offerings, APIs, mobile and web applications, browser extensions, and embedded software; (c) hardware products including edge/IoT devices, AI accelerators, robotics, and networking equipment, together with associated installation, maintenance, and support services; (d) data collection, annotation, labelling, analytics, and Data-as-a-Service offerings; and (e) technology consulting, systems integration, cybersecurity, QA/testing, and managed IT services (collectively, the "Services"). The specific Services made available to you are as described on the applicable product page, Order Form, or Statement of Work.
AISTIV may modify, suspend, or discontinue any Service or feature at its discretion, provided that for paid Subscriptions we will give reasonable advance notice of any material adverse change and, where required by applicable consumer or contract law, a pro-rata refund for prepaid, undelivered Services.
You must be at least 18 years old, or the age of legal majority in your jurisdiction, and have the legal capacity to enter into a binding contract to use the Services. The Services are not directed to children under 13 (or the higher age threshold set by applicable law, such as 16 under GDPR unless a Member State sets it lower, or 18 under India's DPDP Act for a "child"), and we do not knowingly collect Personal Data from such individuals. If we learn we have done so, we will delete it promptly.
You are responsible for maintaining the confidentiality of your account credentials and API keys, and for all activity occurring under your account. You must notify AISTIV promptly of any unauthorised use or suspected security breach. AISTIV implements reasonable administrative, technical, and physical safeguards (see Section 11) but is not liable for losses arising from your failure to secure your credentials.
You agree to provide accurate, current, and complete registration and billing information and to keep it updated.
You agree not to, and not to permit any third party to:
AISTIV reserves the right to suspend or terminate access for violations of this Section, and to report unlawful activity, including content indicating a risk to child safety, to competent authorities where legally required or permitted.
AI Systems generate probabilistic output based on patterns in data and may produce content that is inaccurate, incomplete, biased, or offensive ("hallucinations"). Output does not constitute professional, legal, medical, financial, or investment advice, and must be independently verified before being relied upon, especially in regulated or high-stakes contexts.
AISTIV does not warrant that any AI System will produce a particular result, or that Output will be free of factual errors, and disclaims liability for decisions made in reliance on Output, to the maximum extent permitted by law.
Subject to your compliance with these Terms and payment of applicable fees, and to the extent permitted by applicable law, AISTIV assigns to you its rights, title, and interest (if any) in Output generated specifically for you, excluding any pre-existing AISTIV IP, model weights, or underlying technology embedded therein. You acknowledge that, due to the nature of generative AI, similar or identical Output may be generated for other users.
Unless you opt out through available account controls or a negotiated enterprise agreement, we may use Input and Output to improve, evaluate, and train our AI Systems, in de-identified or aggregated form wherever feasible. Enterprise and API customers processing Personal Data of third parties should refer to the Data Processing Addendum for opt-out and non-training commitments.
Where required by the EU Artificial Intelligence Act (Regulation (EU) 2024/1689), applicable AI-specific state laws (e.g., Colorado AI Act, EU/UK sectoral guidance), or comparable frameworks, AISTIV will: (a) disclose that Content is AI-generated where materially deceptive non-disclosure would otherwise occur; (b) provide documentation reasonably necessary for you to meet your own transparency and risk-management obligations as a deployer; and (c) not knowingly offer AI Systems classified as "unacceptable risk" (e.g., social scoring, real-time biometric categorisation in public spaces for law enforcement absent a legal exemption, or manipulative subliminal techniques). You are solely responsible for determining whether your intended use case constitutes "high-risk" AI under applicable law and for implementing corresponding human oversight, logging, and conformity obligations as a deployer.
You may not use the Services in biometric identification, autonomous weapons targeting, critical-infrastructure safety systems, or medical diagnosis without AISTIV's prior written consent and a supplemental agreement addressing the elevated risk.
All right, title, and interest in the Services, including all software, AI Systems, models, algorithms, weights, documentation, trademarks (including the AISTIV name and logo), and other AISTIV intellectual property, are and remain the exclusive property of AISTIV and its licensors. No rights are granted except the limited, non-exclusive, non-transferable, revocable licence to access and use the Services in accordance with these Terms and any applicable Order Form.
As between the parties, you retain all right, title, and interest in Input and any pre-existing Customer Content you upload. You grant AISTIV a worldwide, non-exclusive, royalty-free licence to host, process, transmit, and display such Content solely to provide, maintain, secure, and improve the Services, subject to Section 6.4.
If you provide suggestions or feedback about the Services, AISTIV may use such feedback without restriction or compensation to you.
You may not use AISTIV's name, logo, or trademarks without prior written consent, except as reasonably necessary to identify AISTIV as a service provider in accordance with our brand guidelines.
Fees for paid Services are as stated on the applicable pricing page, Order Form, or invoice, exclusive of applicable taxes (including GST, VAT, and withholding tax) unless stated otherwise. AISTIV may change pricing prospectively with at least 30 days' notice for active Subscriptions.
You authorise AISTIV or its payment processor to charge your designated payment method on a recurring basis for Subscription fees, and for usage-based fees (e.g., API tokens/compute) in arrears. Failure to pay may result in suspension of the Services after notice.
Except as required by applicable law, fees are non-refundable. Consumers in the European Union and United Kingdom have a statutory 14-day right of withdrawal for distance contracts under the Consumer Rights Directive (2011/83/EU) and the UK Consumer Contracts Regulations 2013, unless you have expressly consented to immediate performance of digital services and acknowledged the resulting loss of withdrawal rights. Consumers in India are additionally protected under the Consumer Protection (E-Commerce) Rules, 2020, including protections against unfair trade practices and mandatory grievance redressal (see Section 17).
You are responsible for all applicable sales, use, GST, VAT, and similar taxes, other than taxes on AISTIV's net income.
The Services may integrate or interoperate with third-party APIs, cloud infrastructure, payment processors, and open-source software components, each governed by their own terms and licences. AISTIV is not responsible for the availability, accuracy, or practices of third-party services, and your use of them is at your own risk and subject to their respective terms. Applicable open-source licence notices are available on request or within product documentation.
Where AISTIV processes Personal Data on your behalf as part of the Services (e.g., data you upload for processing by an AI System), AISTIV acts as a "Processor"/"Data Processor" (or "Service Provider" under CCPA) and you act as the "Controller"/"Data Fiduciary"/"Business." Where AISTIV determines the purposes and means of processing (e.g., account and billing data), AISTIV acts as a Controller. A Data Processing Addendum ("DPA") incorporating Standard Contractual Clauses (for EU/UK transfers), and equivalent safeguards for other jurisdictions, is available and forms part of these Terms upon execution or acceptance.
AISTIV processes Personal Data on the lawful bases available under applicable Data Protection Laws, including consent, contractual necessity, legitimate interests, and legal obligation, and provides notice consistent with GDPR Articles 13–14, India's DPDP Act notice requirements, and equivalent CCPA/CPRA "Notice at Collection" obligations.
Individuals may exercise applicable rights — access, rectification, erasure, restriction, portability, objection, withdrawal of consent, opt-out of sale/share or targeted advertising, and the right to lodge a complaint with a supervisory authority (e.g., a EU/EEA Data Protection Authority, the UK ICO, or India's Data Protection Board) — by contacting privacy@aistiv.com. AISTIV will respond within statutory timeframes (e.g., one month under GDPR, 45 days under CCPA, and as prescribed under the DPDP Act and its rules).
Where Personal Data is transferred outside the country of origin, AISTIV relies on recognised transfer mechanisms such as the EU Standard Contractual Clauses, the UK International Data Transfer Addendum, adequacy decisions, or equivalent safeguards recognised under India's DPDP Act, Brazil's LGPD, and other applicable regimes.
AISTIV collects only Personal Data reasonably necessary for the purposes disclosed, and retains it only for as long as necessary to fulfil those purposes or as required by law, after which it is deleted or anonymised.
Use of cookies and similar technologies is governed by our Cookie Policy, which provides for consent management consistent with the EU ePrivacy Directive, GDPR, UK PECR, and applicable U.S. state requirements.
Drafting note: Publish a stand-alone Privacy Policy and DPA cross-referenced here; do not rely on this summary alone to satisfy jurisdiction-specific notice-content requirements.
AISTIV maintains administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of Customer Content and Personal Data, calibrated to the risk of the processing, and aligned with recognised frameworks such as ISO/IEC 27001, SOC 2, and the NIST Cybersecurity Framework where applicable to the relevant Service tier. Measures may include encryption in transit and at rest, access controls and least-privilege provisioning, vulnerability management, logging and monitoring, and employee confidentiality obligations.
In the event of a confirmed security incident involving unauthorised access to Personal Data, AISTIV will notify affected Customers without undue delay and in accordance with applicable timeframes (e.g., 72 hours under GDPR Article 33 to supervisory authorities, and the timelines prescribed under India's CERT-In directions, the DPDP Act, and applicable U.S. state breach-notification statutes), providing information reasonably necessary for you to meet your own regulatory notification obligations.
Security researchers may report vulnerabilities to security@aistiv.com under a responsible-disclosure policy; AISTIV will not pursue legal action against good-faith reporters acting within that policy's scope.
Each party agrees to protect the other's Confidential Information with the same degree of care it uses for its own confidential information (and no less than reasonable care), and to use it only to perform its obligations or exercise its rights under these Terms. Confidentiality obligations do not apply to information that is public, independently developed, rightfully received from a third party, or required to be disclosed by law (subject to reasonable prior notice where legally permitted).
Each party warrants that it has the legal authority to enter into these Terms. AISTIV warrants that it will perform the Services in a professional and workmanlike manner consistent with prevailing industry standards.
Except as expressly set out in these Terms, the Services (including all AI Systems, software, hardware, and Output) are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or trade usage. Nothing in this Section excludes or limits any warranty or consumer guarantee that cannot lawfully be excluded under applicable consumer protection law in your jurisdiction, including statutory guarantees under India's Consumer Protection Act, 2019, the UK Consumer Rights Act 2015, the EU Consumer Sales Directive, or equivalent laws, which apply in addition to these Terms where you are a consumer.
To the maximum extent permitted by applicable law, AISTIV and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising out of or related to the Services, even if advised of the possibility of such damages.
AISTIV's aggregate liability arising out of or related to these Terms shall not exceed the greater of (a) the fees paid by you to AISTIV in the twelve (12) months preceding the event giving rise to liability, or (b) INR 10,000 (or the equivalent in local currency), except for liability arising from: (i) a party's gross negligence or wilful misconduct; (ii) breach of confidentiality or data protection obligations; (iii) infringement of the other party's intellectual property; (iv) indemnification obligations under Section 15; or (v) liability that cannot lawfully be limited or excluded, including for death, personal injury, or fraud.
You agree to indemnify, defend, and hold harmless AISTIV from and against any third-party claims, damages, liabilities, and reasonable legal costs arising from: (a) your Content or use of the Services in violation of these Terms or applicable law; (b) your violation of any third-party rights, including intellectual property or privacy rights; or (c) your use of Output in a high-risk or regulated context without appropriate human oversight.
AISTIV will indemnify, defend, and hold harmless Customer against third-party claims alleging that the unmodified Services, as provided by AISTIV, infringe a valid patent, copyright, or trademark, subject to prompt notice, sole control of defence, and Customer's reasonable cooperation. This obligation does not apply to claims arising from Customer's Content, misuse, unauthorised modification, or combination of the Services with non-AISTIV products.
You may not access or use the Services in violation of applicable export control and economic sanctions laws, including those administered by the U.S. Department of Commerce (EAR) and Treasury's Office of Foreign Assets Control (OFAC), the EU and UK sanctions regimes, and India's Foreign Trade (Development and Regulation) Act. You represent that you are not located in, and are not a national or resident of, any country subject to comprehensive sanctions, and are not identified on any restricted-party or denied-persons list.
AISTIV conducts business in compliance with the U.S. Foreign Corrupt Practices Act, the UK Bribery Act 2010, and India's Prevention of Corruption Act, 1988, and does not offer, give, solicit, or accept bribes or improper payments. Customers and partners engaging with AISTIV agree to comply with equivalent anti-corruption standards in their dealings on AISTIV's behalf.
Where AISTIV processes payments or engages in financial transactions, it applies reasonable know-your-customer and anti-money-laundering diligence consistent with the (Indian) Prevention of Money Laundering Act, 2002 and comparable international standards (e.g., FATF recommendations), as applicable.
Where you use the Services as a consumer (i.e., primarily for personal, family, or household purposes rather than in the course of trade, business, craft, or profession), the following provisions apply in addition to, and to the extent of any conflict prevail over, the general commercial terms above:
These Terms commence on your first access to the Services and continue until terminated as set out herein.
You may terminate your account at any time through account settings or written notice; AISTIV may terminate free-tier access at its discretion with reasonable notice, and paid Subscriptions in accordance with the applicable Order Form.
Either party may terminate immediately upon written notice if the other party materially breaches these Terms and fails to cure within 15 days of notice (where curable), or upon the other party's insolvency, liquidation, or cessation of business.
Upon termination, your right to access the Services ceases immediately; AISTIV will make Customer Content available for export for a commercially reasonable period (or as specified in the Order Form) before deletion, except where retention is required by law or for legitimate backup/legal-hold purposes.
These Terms are governed by the laws of India, without regard to conflict-of-laws principles, except where a mandatory local consumer-protection or data-protection law requires the application of local law as set out in Section 17.
Any dispute, controversy, or claim arising out of or relating to these Terms, including its formation, breach, termination, or validity, shall be referred to and finally resolved by arbitration administered under the Arbitration and Conciliation Act, 1996, seated in Bangalore, Karnataka, India, conducted in English, before a sole arbitrator appointed by mutual agreement (or, failing agreement, in accordance with the Act). This clause does not apply to consumer disputes to the extent mandatory law entitles you to bring a claim in the courts of your place of residence, or to claims for injunctive relief to protect intellectual property or Confidential Information, which may be brought in a court of competent jurisdiction.
To the extent permitted by applicable law, disputes shall be resolved on an individual basis, and you waive any right to participate in a class, collective, or representative action, except where such waiver is unenforceable under mandatory local law (e.g., certain U.S. state or EU consumer protections).
Subject to Section 19.2, the courts at Bangalore, Karnataka, India shall have exclusive jurisdiction over matters not subject to arbitration.
Neither party is liable for delay or failure to perform resulting from causes beyond its reasonable control, including natural disasters, war, terrorism, labour disputes, internet or utility failures, governmental action, or pandemics.
You may not assign these Terms without AISTIV's prior written consent; AISTIV may assign these Terms in connection with a merger, acquisition, or sale of substantially all assets.
If any provision of these Terms is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
Failure to enforce any provision does not constitute a waiver of that or any other provision.
These Terms, together with any Order Form, DPA, and referenced policies, constitute the entire agreement between the parties and supersede all prior agreements on the subject matter.
AISTIV may update these Terms from time to time. Material changes will be notified via the Services or email at least 15 days before taking effect (or as required by applicable law); continued use after the effective date constitutes acceptance. Where mandatory law requires affirmative consent to material changes (e.g., certain EU/consumer contexts), such consent will be obtained.
The parties are independent contractors; nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
These Terms are drafted in English. Any translation is provided for convenience only, and the English version prevails in case of conflict, except where local law mandates that a local-language version govern.
Notices to AISTIV must be sent to the address in Section 21. Notices to you may be sent to the email or address associated with your account.
For questions about these Terms, privacy requests, or grievances, please contact:
Drafting note: Insert final email routing, physical address, and (if applicable) an EU/UK Article 27 representative and a nominated Data Protection Officer once operational thresholds are assessed. This document is a compliance-oriented template and should be reviewed by qualified legal counsel in each jurisdiction of operation before publication.