Elmyr

1. Introduction

Welcome to Elmyr. These Terms of Service govern your use of our website and application (together or individually, the "Service") operated by NEUROTASK AI PRIVATE LIMITED (CIN: U62099UP2024PTC195097) located at Floor 19, C-001/a2, Sector 16b, Noida-201301 Uttar Pradesh, Noida Sector 16, Gautam Buddha Nagar, Noida, Uttar Pradesh, India, 201301 ("us", "we", or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

2. Subscriptions and Payments

Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select.

At the end of each Billing Cycle, your subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your subscription renewal through your online account management page.

A valid payment method, including credit card, is required to process the payment for your subscription. By submitting such payment information, you automatically authorize us to charge all subscription fees incurred through your account to any such payment instruments.

All subscriptions and payments are processed securely through Paddle as the merchant of record. By subscribing to our Service, you also agree to Paddle's terms of service.

3. User Responsibilities and Prohibited Content

Our Service allows you to create, edit, and manage AI-generated designs. You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account.

By using our Service, you agree not to:

Create, upload, or generate content that is illegal, fraudulent, misleading, defamatory, obscene, pornographic, or offensive
Create content that promotes hate speech, discrimination, or violence against individuals or groups
Create content that infringes or violates someone else's intellectual property rights or other rights
Create deepfakes or content that impersonates individuals without consent
Use the Service to distribute malware, spyware, or other harmful code
Attempt to gain unauthorized access to any portion of the Service
Use the Service in any manner that could disable, overburden, or impair the Service
Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service

We reserve the right to review content that you upload or create using our Service. We may remove any content that violates these terms or that we find objectionable for any reason, without prior notice.

4. Content Ownership and Rights

By using our Service, you retain full ownership rights to the original content you create using our platform, subject to the following conditions:

You own the rights to designs and images you create, provided you have the rights to all components used in creating such content. If you use copyrighted material in your designs that you don't have rights to, you cannot claim ownership to the resulting content.
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, and display your content for the purpose of operating, improving, and promoting our Service.
The artificial intelligence models, algorithms, and technologies that power our Service remain our intellectual property. Your use of the Service does not grant you ownership rights to these technologies.

5. AI Usage Disclaimer

Our Service utilizes artificial intelligence to generate images and designs. By using our Service, you acknowledge and agree that:

Images and designs may be generated through third-party AI models and technologies.
AI-generated results are not guaranteed to be perfect, accurate, or meet specific expectations.
AI models may sometimes produce unexpected or unintended results, despite our efforts to provide controls and filters.
You are responsible for reviewing and moderating the AI-generated content you create before using it for any purpose.
We make no representations or warranties regarding the accuracy, appropriateness, or legality of the AI-generated content.

6. Limitations and Fair Use

Your subscription grants you access to use our Service within reasonable limits. We reserve the right to impose usage limits or restrict access if we determine that you are using the Service in a way that is excessive or abusive.

If you exceed the usage limit for your subscription tier, you may be charged for additional usage or prompted to upgrade your subscription.

7. Refunds and Cancellations

Our refund and cancellation policies are outlined in our Refund Policy. By using our Service, you agree to the terms set forth in that policy.

8. Modifications to Service or Pricing

We reserve the right, at our sole discretion, to modify or replace these Terms, our Service, or our pricing at any time. We will provide notice of significant changes by posting updates on our website or by sending you an email notification.

Continued use of the Service after any such changes constitutes your acceptance of the new Terms or pricing.

9. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or cancel your subscription.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any errors in the Service will be corrected.

11. Limitation of Liability

In no event shall NEUROTASK AI PRIVATE LIMITED, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of or inability to access or use the Service
Any content generated, uploaded, or accessed through the Service
Any conduct or content of any third party on the Service
Unauthorized access, use, or alteration of your content
Any other matter relating to the Service

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13. Contact Us

If you have any questions about these Terms, please contact us at:

NEUROTASK AI PRIVATE LIMITED
Floor 19, C-001/a2, Sector 16b
Noida-201301, Uttar Pradesh
India, 201301
Email: legal@elmyr.app