Terms Of Use
DATE: March 18, 2024
PLEASE READ THE FOLLOWING TERMS OF USE (THE “TERMS”) CAREFULLY BEFORE USING THE SOFTWARE (AS DEFINED BELOW) NAMELY CREATED AND DEVELOPED BY COMPANY. THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU (“CUSTOMER”) AND THE COMPANY. BY REQUESTING AN AUTHORISED USER ACCOUNT CREATION, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE SOFTWARE, THE CUSTOMER ACKNOWLEDGES THAT THE CUSTOMER HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THESE TERMS.
By accessing and using the Software, You agree to comply with these Terms along with Software Privacy Notice ("Privacy Notice”). You may not access and use the Software if You do not agree to the version of the Terms. The terms “We” and “Us” refer to the Company, registered in India. Company and Customer are individually referred to as “party” and collectively as “parties.”
NOW IT IS HEREBY AGREED BY AND BETWEEN PARTIES AS UNDER –
1. DEFINITIONS
1.1. “Application” shall mean and include the proprietary application of the Company named Chaturji that allows Customers to input prompts and provides generated AI outputs from multiple large language models (LLMs) such as OpenAI, Anthropic, Google or any other private LLMs as may be added by the Company. In addition, the application provides value added convenience features such as a curated set of prompts for typical usage, the ability to write better prompts, store Customer questions as prompts and templates, to organize and share the prompts and chat with your team.
1.2. “Company” or "We” shall mean Ignite Solutions India Private Limited, a company registered under Companies Act, 1956 and having its registered address at B-901 Waterfront, 59/60 Kalyani Nagar, Near Golds Gym, Pune, Maharashtra, India, 411006.
1.3. “Customer” or “You” or “Your” shall mean the users of the Software, including, but not limited to, individuals, companies, agents, or other similar persons, who use the Software and avail the Services offered by the Company, through the Software.
1.4. “Customer Data” shall mean all data stored by the Customer including any inputs, LLM responses, reports, documents or files in electronic format, the user’s details or personal information on the Software.
1.5. “Documentation” shall mean any accompanying documents, content, data provided by the Company to the Customer in relation to the Software.
Chaturji Terms of Use. Updated March 18th, 2024 Page 1 of 9
1.6. “Enhancements” shall mean any modification, update, upgrade or addition to the Software that, when made or added to the solution or modules currently being used by Customer, provides minor functionality enhancements but does not change overall utility, functional capability, or application.
1.7. “Software” shall mean and refer to as the proprietary website of the Company, hosted under the domain names https://app.chaturji.ai/ , https://chaturji.ai or https://www.chaturji.ai, (hereinafter referred to as “Website”) along with the Application.
1.8. “Plan” means an order plan as uploaded on the Software which includes a description of duration and details of Services, applicable fees, etc. and such Plan shall be incorporated by reference, and subject to the provisions of these Terms.
1.9. “Services” shall mean services provided to the Customers by the Company through the Software including AI-powered productivity software that equips teams with ready-made prompts for business processes and enables teams to create and share custom prompts in an intuitive, collaborative interface, allowing for seamless integration with multiple artificial intelligence ("AI") providers.
1.10. “Trial Period” have the meaning given to it under Clause 5.
1.11. “User Account” shall be the account which the Customer shall be required to create on the Software to avail the Services offered by the Company.
2. REGISTRATION
To avail the Services provided through the Software, You need to complete the registration process on the signup page on the Software. For such registration, You shall be required to provide Your verified email address and complete the sign-up process. Upon completion of this process, Your User Account would be created. Through this User Account, You will be eligible for availing the Services and receiving further alerts and instructions related to the Services made available through the Software.
3. RESTRICTIONS
Customer shall not, directly or indirectly:
3.1. copy, modify, adapt, translate, reverse engineer, decompile, disassemble, alter, reproduce or otherwise make any changes to the Software;
3.2. copy, modify, reproduce, reverse engineer, use or share any component of the Software including but not limited to curated prompts;
3.3. use the Software in any manner to provide time-sharing, benchmarking or other computer services to third parties, except as expressly provided herein, or allow any third party to access or benefit from the functionality of the Software;
3.4. use the Software, or allow the transfer, transmission, export, or re-export of the Software or portion thereof in violation of any applicable export control laws or regulations; 3.5. use the Software for any purpose other than the as specified under these Terms; 3.6. use the Software in violation of the Plan;
3.7. use the Software to develop any competing or similar product;
3.8. use any of the Software’s components, add-ons, files, modules, externals, contents including associated license material separately from the Software.
Chaturji Terms of Use. Updated March 18th, 2024 Page 2 of 9
4. ACCOUNT AND PASSWORD
4.1. By registering for a User Account through the Software, You represent and warrant that You are over 18 years of age or of the age of majority in the jurisdiction in which You reside or, are registering through Your parents or guardians, who are of the age of the majority in the jurisdiction, in which You reside (“Representative”). You and Your Representatives agree to:
a) provide accurate, authenticated and true information about yourself;
b) maintain the security of Your passwords and identification;
c) promptly update the email address and mobile number listed in connection with Your User Account to keep it accurate so that We may contact You; and
d) be fully responsible for all actions carried out through Your User Account.
4.2. You must not set up a User Account on behalf of another individual or entity unless You are a Representative, legally authorized to do so.
4.3. Registration with the Software does not make You a member, shareholder, or affiliate of the Company for any purposes whatsoever, nor shall You have any of the rights of statutory members of the Company.
4.4. Unauthorized Use; False Information: You shall: (i) notify us immediately of any unauthorized use of Your User Account or any other known or suspected breach of security, (ii) use reasonable efforts to stop any unauthorized use of the Software or Your User Account, that is known to You or suspected, and (iii) not provide false identity or information to gain access to or use the Software.
4.5. Customer shall be responsible for maintaining the confidentiality of the User Account and password and it shall be responsible for all activities that occur under any User Account. Company reserves the right to refuse registration or cancel User Accounts which the Company deems inappropriate.
5. TRIAL PERIOD
Subject to Company’s discretion, the Customer may be entitled to certain trial period (“Trial Period”) to use the Services without any fees set forth in Clause 6 hereunder. The said Trial Period shall commence from the date on which the Customer creates a User Account on the Software. Customer agrees that the Company may revise the Trial Period at its sole discretion with or without prior notice to the Customer.
6. FEES
6.1. "Payment Method" refers to a currently accepted mode of payment that is valid and subject to periodic updates, including the option to pay through a third-party account linked to the Customer. Unless You opt to cancel Your subscription prior to the billing date, You authorize us
Chaturji Terms of Use. Updated March 18th, 2024 Page 3 of 9
to charge the fee for the upcoming billing cycle to Your designated Payment Method (refer to "Cancellation" below).
6.2. After the expiry of the Trial Period, the fee for the Software and any additional charges incurred in relation to it, such as taxes and potential transaction fees, will be debited from Your Payment Method on the specified payment date indicated in Your User Account. The billing cycle recurs monthly. If You utilized a third-party account as Your Payment Method when signing up for the Software, You can access Your subscription billing details by visiting Your account with the relevant third party.
6.3. To utilize the Software, the Customer must furnish one or more Payment Methods. You grant the Company authorization to charge any Payment Method linked to Your User Account if Your primary Payment Method is declined or becomes unavailable to us for payment of Your fees. You are accountable for any outstanding amounts. Should a payment failure arise due to reasons such as expiration or insufficient funds, and You do not terminate Your User Account, We reserve the right to suspend Your access to the Services until the due payment for Your use of the Services is received by the Company. Certain Payment Methods may entail additional fees charged by the issuer, such as foreign transaction fees or processing-related charges. Local tax obligations may vary based on the Payment Method employed. Please consult Your Payment Method service provider for further details.
6.4. You retain the right to cancel Your Software subscription at any time, and You will retain access to the Services until the completion of Your then billing period. Subject to applicable law, payments are non-refundable, and no reimbursements or credits are provided for unused Services or partial subscription periods. Upon cancellation of Your membership, Your account will be automatically closed at the conclusion of Your current billing period. If You subscribed to Software using a third-party account as Your Payment Method and wish to terminate Your Software subscription, You may be required to do so through said third party, for instance, by accessing Your account with the relevant third party and deactivating auto-renewal or unsubscribing from the Services via that third party.
6.5. We reserve the right to modify the Plan and the pricing of our Services periodically. You will receive notification at least thirty (30) days in advance of any alterations to pricing or changes to Your Plan.
7. WARRANTIES; EXCLUSION OF LIABILITIES
7.1. Customer hereby represents and warrants that it has all rights necessary to permit Software to perform its obligations and exercise its rights with respect to the Customer Data as contemplated by these Terms, including all necessary permissions and consents to collect, use and disclose the Customer Data, as contemplated by these Terms. Customer further covenants that it shall be solely responsible for the Customer Data and the consequences of their use, and that Software shall have no liability with respect to any Customer Data.
7.2. The Customer represents and warrants that it shall at all times comply with these Terms and its performance hereunder does not conflict with any other obligation or violate any agreement. 7.3. Your use of the Services requires interactions with multiple AI models including but not limited to OpenAI, Google, Anthropic, and others (the “Providers”). By using the Services, You agree to comply with the laws of the jurisdiction applicable to Your access of the Software as well as to the Provider’s terms of use, privacy policies, acceptable use policy, and data usage policies (collectively referred to as “Links”) in relation to Your access to Providers services. Company reserves the right to terminate Your engagement in an event if You are found to be in violation or non-compliant with the Links in relation to Your use of the Software. Company shall not in any
Chaturji Terms of Use. Updated March 18th, 2024 Page 4 of 9
way be responsible for any results, data, reports or Your use or implications of Your use of such results, data or reports generated due to Your use of the Services or Software. 7.4. General Disclaimer. THE COMPANY AND/OR ITS PARTNERS, RESPECTIVE LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE AND SERVICES PROVIDED BY THE COMPANY FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
7.5. THE COMPANY AND/OR ITS PARTNERS, RESPECTIVE LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.
7.6. Limitation of Liability. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SOFTWARE OR THE INFORMATION PROVIDED THROUGH IT, INCLUDING WITHOUT LIMITATION,THE DAMAGES THAT ARISE FROM USE OR MISUSE OF THE SOFTWARE OR THE SERVICES, FROM INABILITY TO USE THE SOFTWARE OR THE SERVICES, OR THE INTERRUPTION, ERROR, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SOFTWARE OR THE SERVICES PROVIDED THROUGH IT.
7.7. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES, GIVING RISE TO SUCH CLAIM AND IN THE EVENT THE CUSTOMER IS USING THE TRIAL VERSION OF THE SOFTWARE, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY, SHALL NOT EXCEED INR 100.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE SOFTWARE OR THE SERVICES OR ANY LINKS ON THE SOFTWARE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
7.8. BY UTILIZING THE SOFTWARE, YOU ACKNOWLEDGE AND UNDERSTAND THE INHERENTLY EXPERIMENTAL AND EVOLVING NATURE OF ARTIFICIAL INTELLIGENCE TECHNOLOGY INVOLVED IN THE FUNCTIONING OF THE SOFTWARE. YOU AGREE THAT ANY RESULTS, OUTPUTS, OR RECOMMENDATIONS GENERATED BY THE SOFTWARE ARE PROVIDED SOLELY FOR INFORMATIONAL OR EXPLORATORY PURPOSES AND SHOULD NOT BE RELIED UPON FOR PRODUCTION, CRITICAL DECISION-MAKING, OR ANY LEGALLY BINDING ACTIONS. THE USE OF THE SOFTWARE DOES NOT GUARANTEE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY SPECIFIC PURPOSE. THEREFORE, YOU AGREE TO EXERCISE CAUTION AND INDEPENDENT JUDGMENT WHEN INTERPRETING OR ACTING UPON THE RESULTS GENERATED BY THE SOFTWARE.
7.9. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY CUSTOMER DATA AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY CUSTOMER OR THIRD PARTY, OR MISREPRESENTATION AS TO OWNERSHIP IN THE INTELLECTUAL PROPERTY RIGHTS OR ANY INFRINGEMENT BY THE CUSTOMER DATA, AND THAT, THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
Chaturji Terms of Use. Updated March 18th, 2024 Page 5 of 9
7.10. The Parties acknowledge and agree that the disclaimers, exclusions and limitations of liability set forth in this Clause 7 form an essential basis of these Terms, and that, absent these disclaimers, exclusions and limitations of liability, the provisions of these Terms, including, the economic terms, would be substantially different.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. Any and all rights to the Software along with any Enhancements or upgrades thereto, and any Documentation provided therewith, including title, ownership rights and intellectual property rights such as copyrights, trademarks, service marks and patents therein shall remain the sole and exclusive property of the Company and/or its suppliers or its licensors.
8.2. From time to time, Customer may provide feedback, suggestions, requirements or recommendations (“Feedback”) regarding the Software or the Services. Customer assigns to Company all right, title and interest to such Feedback and an exclusive right to create any developments based on such Feedback.
8.3. The Customer acknowledges and agrees that the Software will generate anonymized and aggregated statistical and analytical data (the “Analytical Data”) without using the Customer’s personally identifiable information. All intellectual property rights including the ownership rights in all such Analytical Data generated during the Services shall vest solely with the Company.
8.4. Customer shall retain title to and all ownership rights in Customer Data. Company shall not be liable in any manner whatsoever, for any claim arising out of or relating to the Customer Data. 8.5. If We receive any intellectual property right infringement claim notification against any content posted by You on the Software, We may remove all such content, which is indicated as infringing and/or take any other appropriate action, in our sole discretion.
8.6. All material on this Software, including but not limited to audio, images, photographs, software, text, icons and such like content (the “Content”), are protected by copyright under the copyright laws or any other relevant intellectual property laws. You cannot use the Content or works of other users, except as specified herein.
8.7. In case You wish to submit any oral Feedback or raise a complaint, please write to support@chaturji.ai
9. CONFIDENTIAL INFORMATION
9.1. “Confidential Information” shall mean information including without limitation Software, Documentation, reports, analysis, Customer Data, financial, business, technical and marketing information, business plans, methods, processes, inventions, techniques, designs, data, know how, ideas, concepts, strategies, trade secrets, Services and such other information. Confidential Information does not include information which: a) is in the public domain; (b) was known to the party of such disclosure or becomes known to the party without breach of any confidentiality agreement; (c) is independently developed by either party without violating any confidentiality obligations stated herein; (d) is disclosed pursuant judicial order or requirement of the governmental agency or by operation of law.
9.2. The parties agree not to use any Confidential Information for any purpose except as stated in these Terms.
9.3. The parties agree that any violation of the confidentiality obligations will cause irreparable injury to the other, entitling such party to obtain injunctive relief in addition to all legal remedies. 9.4. We may, at Our discretion, keep any personal information shared by You, confidential and only use it as per the terms of Our Privacy Policy.
Chaturji Terms of Use. Updated March 18th, 2024 Page 6 of 9
10. PRIVACY NOTICE
We are committed to responsibly handle the information and data We may collect through the Software in compliance with Our Privacy Notice. Please review the Privacy Notice so that You are aware of how We collect and use Your personal information. Our Privacy Notice can be read at https://www.chaturji.ai/privacy-policy.
11. INDEMNITY
Customer shall indemnify, defend and hold harmless the Company against any all demands, costs, losses, liabilities, claims, proceedings or damages including attorney’s fees asserted against the Company, its agents, its customers, officers and employees arising out of or in connection with any claim relating to Customer’s use of Software in any manner.
12. PROHIBITED CONDUCT
You agree not to engage in any of the following activities:
12.1. Violating laws and rights:
You may not (a) use the Software for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights, by use of the Software.
12.2. Solicitation:
You may not use the Software, or any information provided through the Software for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
12.3. Disruption:
You may not use the Software in any manner that could disable, overburden, damage, or impair the Software, or interfere with any other user’s use and enjoyment of the Software; including by:
a. uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or
b. interfering with or disrupting any network, equipment, or server connected to or used to provide the Software, or violating any regulation, policy, or procedure of any network, equipment, or server.
12.4. Harming others:
You may not share or transmit anything that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, unlawful, hateful or otherwise discriminatory, false or misleading, or which incite the commission of an illegal or violent act or is in violation of applicable laws including but not limited to Information Technology 2000;
12.5. Impersonation, Misrepresentation, or unauthorized access:
You will not impersonate another person or entity, or misrepresent Your affiliation with a person or entity when using the Software, nor will You misrepresent Your intellectual property rights in or to any content, for the purposes of uploading the same on the Software;
Chaturji Terms of Use. Updated March 18th, 2024 Page 7 of 9
12.6. Developing competing offerings:
You will not use the Software to develop any competing platforms, applications, websites or products which are similar or substantially similar to the Software.
12.7. Offensive or Infringing Content:
In the event You are at the receiving end of any offensive content or are the victim of any such actions of any other Customer or Your work has been infringed and is being displayed as on the Software, You are encouraged to report such content to the Company. The Company shall delete such offensive content and take any other corrective action as it deems fit. The Company shall also provide notice to the user, indulging in infringement of Your work.
You understand and acknowledge that if You indulge in any of the prohibited conduct stated above, and it is brought to the notice of the Company, the Company may terminate Your right to use the Software and the Services and take any other corrective action as it deems fit.
13. TERM AND TERMINATION
You may stop using the Services or cancel Your subscription of the Software at any time. The Company reserves the right to terminate Your right and access to use the Software with or without any reason whatsoever. The Customer shall not be entitled to any refund in the event of termination or cancellation of the User Account or stoppage of provision of Services under these Terms.
14. INTERPRETATION
These Terms will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal representative) drafted the Terms. The headings, titles, and captions contained in these Terms are merely for reference and do not define, limit, extend, or describe the scope of these Terms or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in these Terms includes the masculine, feminine, and neutral, and (b) the word "including" means "including, without limitation”.
15. ENTIRE AGREEMENT
These Terms and the Privacy Policy constitute the entire agreement between You and the Company, relating to this subject matter and supersede any and all prior communications and/or agreements between You and the Company relating to this subject matter.
16. SEVERABILITY
If any provision of these Terms is determined to be invalid, illegal or unenforceable in any respect, including because of the duration thereof, the area covered thereby, or the types of activities restricted thereby, by a court of competent jurisdiction, the validity, legality or enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
17. WAIVER
The Company’s failure to exercise, or any delay in exercising, any right or remedy provided under these Terms shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy by the Company provided under these Terms or by law shall preclude or restrict the further exercise of that or any other right or remedy.
Chaturji Terms of Use. Updated March 18th, 2024 Page 8 of 9
18. GOVERNING LAWS
These Terms shall be construed and governed by India. The parties consent to the exclusive jurisdiction of the competent courts in the Pune, Maharashtra with respect to any matters arising under or with regard to these Terms.
19. NO AGENCY RELATIONSHIP
You agree that no joint venture, employment, or agency relationship exists between You and the Company as a result of these Terms or due to Your use of the Software.
20. ELECTRONIC RECORD
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, Terms of Use for access and usage of the Software.
21. CHANGE IN TERMS
We may update these Terms without any notice to You. You are encouraged to check these Terms on a regular basis to be aware of the changes made to them. Your continued use of the Software after such change shall be deemed to be Your acceptance of the revised Terms.
The Terms were last modified on March 18, 2024.
Chaturji Terms of Use. Updated March 18th, 2024 Page 9 of 9