Introduction
Welcome to Aynaa.ai, tailored for Micro, Small, and Medium Enterprises (MSMEs) aiming to foster growth and innovation. Our platform empowers these businesses to interact with their clientele in novel and impactful ways. By accessing and using our platform and services ("Services"), you, the user ("User", "you", "your"), agree to comply with and be legally bound by the following terms and conditions ("Terms of Use"). These Terms of Use govern your access to and use of our Services, so please read them carefully before using the Services. If any aspect of these Terms is unacceptable to you, you should refrain from accessing or using our platform and Services.
Acceptance Of Terms
Your agreement to abide by these Terms begins the moment you commence the use of our Services and continues each time you access and use our Services. By using our Services, you affirm that you have thoroughly read, understood, and willingly accepted these Terms. These Terms form a legally binding agreement between you and the Company, and we reserve the right to enforce these Terms to the fullest extent permitted by law.
Services Description
Aynaa.ai is a subscription-based Artificial Intelligence (AI) tool designed for MSMEs to leverage the latest in AI technology for enhancing operational efficiency and customer engagement. Our platform enables the creation of personalized AI solutions that drive innovation and growth. Our Services are available only to individuals who have the legal capacity to form binding contracts under applicable law. This includes being of a certain age and having a certain mental capacity. If you do not meet these requirements, you must not access or use our Services.
Registration And Account Security
To gain access to certain features and aspects of our Services, you may need to register for an account. When registering an account, you agree to provide information that is accurate, current, and complete. You also agree to update such information as needed to ensure it remains accurate, current, and complete. We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services if we find or suspect that the information provided during registration or in your account settings is inaccurate, not current, or incomplete.
User Conduct
As a user of our Services, you are solely responsible for all activities that occur under your account. You agree not to use our Services for any illegal or unauthorized purpose. You also agree to comply with all local, state, national, and international laws, rules, and regulations applicable to your use of the Services, including but not limited to copyright laws. Please be aware that our Services may involve generative AI, which, while advanced, has rare tendencies to produce unexpected or unintended outputs ("hallucinations"). We encourage users to exercise caution and review AI-generated content for accuracy and appropriateness.
Content Ownership
While you retain all ownership rights in your content, we require certain licenses to your content in order to operate and enable the Services. By uploading, posting, or otherwise making available any content on or through our Services, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, and display that content in connection with the operation and provision of the Services.
Privacy
We at Aynaa prioritize your privacy. We have a Privacy Policy that describes how we collect, use, and protect your personal information. Please review our Privacy Policy, which is incorporated by reference into these Terms, to understand our practices.
Warranty Disclaimer
Our Services are provided "as is," without any express or implied warranties. We expressly disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement. While we strive to provide a great service, we cannot guarantee that our Services will always meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.
Limitation Of Liability
To the fullest extent permitted by law, the Company, its directors, officers, employees, affiliates, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, suppliers, consultants, and agents from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, attorneys' fees) arising from your use of our Services, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other rights of any person or entity.
Governing Law And Jurisdiction
These Terms of Use, your access to and use of our Services, and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by, construed, interpreted, and enforced in accordance with the laws of the Republic of India, without regard to its conflict of laws provisions. This includes all matters related to your access to and use of our Services, which will be interpreted in accordance with the laws of the Republic of India. The courts of Bangalore, India, will have exclusive jurisdiction over any dispute or claim arising from, or related to, a visit to our platform or use of our Services.
Dispute Resolution
We encourage you to contact us if you have concerns – we aim to address your concerns swiftly and to your satisfaction. However, if a matter arises that needs to be resolved legally, then both you and we agree to resolve it exclusively through courts located in Bangalore, India. Both parties agree that, in the event of any dispute arising out of or relating to these Terms or our Services, the aggrieved party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.
Termination
We reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing notice to you whenever you breach these Terms of Use. Following termination or deactivation of your account, we may retain your profile information and user content for a commercially reasonable time for backup, archival, audit, or other purposes. Additionally, if you have a subscription that is paused, it will continue to run until the end of the current term, and credits will be automatically added to your account every month if you are on an annual plan.
Modifications
We reserve the right, in our sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on our website or by sending you notice through the Services, via email or another appropriate means of electronic communication. Your continued use of the Services following notification of any changes to these Terms of Use constitutes acceptance of those changes. If you do not agree to the changes, you should stop using the Services and inform us immediately so that we can close your account.
Contact Information
If you have any questions about these Terms of Use or our Services, please contact us via the Contact page on our website or at the email address provided. We value your input and will make reasonable efforts to respond promptly to your queries, concerns, or suggestions.
Generative AI Use
Description of Service: This platform utilizes Generative Artificial Intelligence (AI) technologies to provide various services and functionalities. Generative AI models are capable of producing content, predictions, and responses based on the data they have been trained on. These technologies are designed to assist in generating insights, automating tasks, enhancing user experiences, and offering personalized interactions.
Microsoft Clarity: We improve our products and advertising by using Microsoft Clarity to see how you use our website. By using our site, you agree that we and Microsoft can collect and use this data.
Nature and Limitations of Generative AI: Users acknowledge that Generative AI, while advanced, is not infallible. It operates based on patterns in data and can generate outputs that might not always be accurate, relevant, or appropriate. Instances of the AI producing unexpected, inaccurate, or contextually inappropriate content (referred to as "hallucinations") are possible despite ongoing efforts to improve accuracy and reliability.
Use of AI-generated Content: The content generated by AI on this platform is for informational purposes only. Users should exercise discretion and independently verify the accuracy and applicability of AI-generated content to their specific needs or contexts. The platform does not guarantee the accuracy, reliability, or applicability of AI-generated content for any particular purpose.
Intellectual Property: Content generated by the AI remains subject to the platform's intellectual property rights policy. Users are responsible for ensuring that the use of AI-generated content complies with applicable laws, the rights of third parties, and these terms of use.
User Responsibilities: Users must not manipulate the AI to produce unlawful, offensive, or harmful content. The platform reserves the right to restrict access or terminate the services of users found to be using AI technologies for prohibited purposes.
Disclaimer and Limitation of Liability: The platform disclaims all liability for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of the Generative AI functionalities, including, but not limited to, damages resulting from the accuracy, appropriateness, or legality of AI-generated content.
Changes to AI Technologies: The platform reserves the right to modify, enhance, or discontinue any aspect of the AI technologies at any time, including adjusting limitations, capabilities, and functionalities to improve service delivery and compliance with regulatory standards.
Feedback and Improvements: Users are encouraged to provide feedback on the performance and outputs of the AI technologies. Such feedback is invaluable for continuous improvement, ensuring that the AI better serves user needs over time.
Server Location And Data Storage
Our platform and APIs are hosted on Microsoft Azure, specifically in the Pune Azure Datacenter, including our GPT-4 deployment located in Chennai, India. This setup ensures a robust and reliable data storage environment utilizing Azure SQL and MongoDB for database services, adhering to industry best practices for data security, including ISO 27001 certification, and preparing for GDPR compliances, SOC, and associated SaaS required compliances. The jurisdiction mentioned in clause 11 (Governing Law and Jurisdiction) remains applicable regardless of the geographical location of our servers. Any disputes or claims arising out of or in connection with these Terms of Use or our Services will be subject to the jurisdiction of the courts of Bangalore, India.
Entire Agreement
These Terms of Use, along with our Privacy Policy and any other legal notices or additional terms and conditions or policies published by us on our platform, shall constitute the entire agreement between you and us concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.