1. About these Terms
These Terms of Use (“Terms”) apply to the ZenithAI software, installers, trials, licences, APIs, hosted services, documentation and this website (together, the “Service”). The Service is provided by Data Ingenious Global Limited, Jaipur, Rajasthan, India (“Data Ingenious”, “we”, “us”).
By downloading, installing, accessing or using the Service, you accept these Terms. If you use the Service for an organisation, you confirm that you have authority to bind it, and “you” includes that organisation and everyone it lets use the Service. If you do not accept these Terms, do not use the Service.
2. Your signed agreement comes first
- If your organisation has signed an agreement, order form or licence with us, that document governs. Where it conflicts with these Terms, the signed document wins. These Terms cover anything it does not.
- Licence terms supplied with the software also apply.
- Some components and models included in the Service come with their own third-party licences. Those licences apply to those components.
3. Who may use the Service
- You must be at least 18 years old and able to enter a binding contract under Indian law. No one under 18 may use the Service.
- You must not be barred from using the Service by any law or sanctions list.
- The Service is for business and institutional use. It is not a consumer product.
4. Your licence
- If you follow these Terms and pay any fees due, we give you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use the software on the servers, and for the period, that your licence or trial allows, for your organisation’s internal purposes.
- A trial is for evaluation only. Each server gets one trial.
- The software is licensed, not sold. We and our licensors own the Service and all intellectual property in it. All rights not expressly granted to you are reserved.
5. Things you must not do
You must not, and must not let anyone else:
- copy, modify, translate or make derivative works of the Service, except as the law expressly allows;
- reverse engineer, decompile or disassemble the Service, or try to get its source code, except to the extent the law allows this despite this restriction;
- extract, copy or rebuild models, model weights, system instructions or other internal parts of the Service;
- tamper with, remove or bypass licence keys, licence checks, serial numbers, hardware binding, trial limits or any other technical protection;
- resell, rent, lease, lend, sublicense or distribute the Service, or offer it to others as a hosted or managed service, without our written permission;
- remove or change any copyright, trademark or other notice;
- use the Service or its outputs to build or train a competing product or AI model;
- disrupt, overload or probe our hosted services or networks, or test them for weaknesses, without our written permission.
6. Acceptable use
You must not use the Service, or let anyone use it, for anything illegal or unauthorised. In particular, you must not use it to create, obtain, share or help with:
- child sexual abuse material, or any sexual content involving minors;
- violence, terrorism or violent extremism, or weapons, including chemical, biological, radiological or nuclear weapons;
- malware, or unauthorised access to or attacks on other people’s systems, accounts or data;
- fraud, scams, deepfakes or impersonation of any person or organisation;
- harassment, threats, bullying or hate against any person or group;
- election manipulation, or disinformation meant to deceive the public;
- privacy violations, or surveillance, tracking or profiling of people without a lawful basis;
- infringement of copyright, trademarks, trade secrets or other intellectual property;
- automated decisions that have legal or similarly significant effects on people, such as on jobs, credit, education, housing or benefits, without meaningful human review;
- spam or unsolicited bulk messages;
- getting around safety controls, filters, consent steps or usage limits, including “jailbreaking”;
- any other content or activity that the Information Technology Act 2000, the rules made under it, or any other applicable law prohibits.
We do not monitor your own deployment. You are responsible for preventing misuse there. If you see the Service being misused, please tell us at sales@data.in.
7. AI outputs
- Outputs can be wrong. Answers, documents, spreadsheets, summaries and other outputs are produced by AI. They may be inaccurate, incomplete, out of date or inappropriate, even when they cite sources or sound confident.
- Outputs are not professional advice. They are not legal, medical, financial, investment, tax, accounting or other professional advice. Ask a qualified professional before you rely on them for such matters.
- You are solely responsible for reviewing and checking outputs before you use them, and for every decision and action based on them, including any email sent, document issued or figure used.
- Outputs may not be unique. Other users may receive similar outputs.
- As between you and us, you own your inputs and, to the extent the law allows, your outputs. You are responsible for making sure your inputs, and your use of outputs, do not break the law or infringe anyone’s rights.
8. Your deployment is your responsibility
ZenithAI runs on infrastructure you control. You are responsible for:
- your hardware, operating system, network and their upkeep;
- who gets an account, their access rights, and what your users do;
- the security of your servers, passwords, licence keys and API keys, and all activity under them;
- backups and disaster recovery. We do not hold copies of the data on your servers;
- having a lawful basis, notices and consents for any personal data you put into the Service, and meeting your duties as a data fiduciary under the Digital Personal Data Protection Act 2023 and any sector rules;
- the settings you choose, such as internet access, retention and connectors;
- making sure your users follow these Terms.
9. Your content
- You keep all rights in the prompts, documents and data you put into the Service (“your content”). You confirm you have the rights and permissions needed to use it with the Service.
- On your own deployment we have no access to your content unless you give it to us, for example for support.
- On services we host, you allow us to process your content only to provide the service, keep it secure and meet the law.
- We do not use your content to train AI models.
- Our Privacy Policy explains how we handle personal data.
10. Third-party services
Some features connect to services run by others, but only if you or your administrator choose to use them. Examples are web search providers, Google Gmail, Drive and Calendar through Connect Google (when available), email and mail servers, phone services, and websites you import. These services are governed by their providers’ own terms and privacy policies. We are not responsible for them, for whether they are available, or for what they do with data you send them. The same applies to links to other websites.
11. Fees
Fees are set out in your order form or quote. Unless it says otherwise, fees are payable in advance, are exclusive of taxes such as GST, and are non-refundable except where the law requires a refund.
12. Suspension and termination
- We may suspend or end your access to the Service, including licences, trials, downloads and hosted services, if you breach these Terms, do not pay fees due, use the Service in a way that creates risk or harm for us or others, or if the law requires it. We will give notice where it is practical and lawful to do so.
- You may stop using the Service at any time.
- When your licence or access ends, you must stop using the software, and remove it if your agreement requires. Your data on your own servers stays with you.
- Sections that by their nature should continue after termination will continue, including sections 5, 7, 9 and 13 to 21.
13. No warranties
To the maximum extent the law permits, the Service, its outputs and its documentation are provided “as is” and “as available”, with all faults. We disclaim all warranties, conditions and representations, whether express, implied or statutory, including those of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement and accuracy, and any arising from a course of dealing or usage of trade.
We do not promise that the Service will be uninterrupted, error-free, secure or free of harmful code, that outputs will be accurate or complete, or that the Service will meet your needs or any law that applies to you. Trials and planned or preview features are provided without any warranty. Nothing in these Terms excludes a warranty that the law does not allow to be excluded.
14. Limitation of liability
To the maximum extent the law permits:
- No indirect losses. We will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, contracts, goodwill, anticipated savings or data, or the cost of replacement goods or services. This applies however the loss arises, whether in contract, tort (including negligence), breach of statutory duty or otherwise, and even if we were told it was possible.
- Matters within your control. We will not be liable for losses arising from AI outputs or how you use them; your deployment, hardware, security or backups; third-party services; the acts of your users; or access to your systems using your credentials.
- Overall cap. Our total liability for all claims arising out of or relating to the Service or these Terms will not exceed the total fees you paid us for the Service in the 12 months before the event that gave rise to the claim or, if you paid nothing, INR 10,000.
- What we do not limit. Nothing in these Terms limits or excludes our liability for fraud, for wilful misconduct, for death or personal injury caused by our negligence, or for any other liability that cannot be limited or excluded under applicable law.
These limits apply even if a remedy fails of its essential purpose. They reflect how risk is shared between you and us, and are reflected in our prices.
15. Your indemnity
You (and the organisation you act for) will defend, indemnify and hold harmless Data Ingenious, its Data Group companies, and their directors, officers, employees, agents and licensors against all claims, demands, proceedings, losses, damages, liabilities, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to:
- use or misuse of the Service by you or your users;
- your content, and any data you process with the Service, including any lack of a lawful basis for it;
- outputs that you or your users use, publish or act on;
- a breach of these Terms or of any law by you or your users;
- infringement or violation of any third party’s rights by you or your users;
- your deployment, its security, and third-party services you connect.
This does not apply to the extent a claim is caused by our own fraud or wilful misconduct. We will tell you promptly about a claim, let you control its defence, and cooperate reasonably at your cost. You may not settle a claim in a way that admits fault on our part, or places a duty on us, without our written consent.
16. Export control and sanctions
You must follow all export control and sanctions laws that apply to you, the Service or the hardware it runs on, including India’s SCOMET controls. You must not use, export or make the Service available in breach of those laws: for example in embargoed countries, to sanctioned persons, or for prohibited end uses such as weapons of mass destruction. You confirm that you are not on any government restricted-party list.
17. Force majeure
We are not liable for any delay or failure caused by events beyond our reasonable control. These include natural disasters, epidemics, war, terrorism, riots, government action, power, network or internet failures, failures of third-party providers, cyber attacks and labour disputes.
18. Changes
- We may change, add or remove features of the Service.
- We may update these Terms. We will post the new version here with a new date. For a material change we will give reasonable notice on this site, or by email where we have your address.
- If you keep using the Service after the new Terms take effect, you accept them. A signed agreement can only be changed in writing by both parties.
19. Governing law and courts
These Terms are governed by the laws of India. Subject to any arbitration clause in your signed agreement, the courts at Jaipur, Rajasthan have exclusive jurisdiction over any dispute arising out of or relating to the Service or these Terms. We may still seek urgent injunctive relief in any competent court.
20. General
- Severability. If any part of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent the law permits, and the rest of these Terms will stay in effect.
- No waiver. If we do not enforce a right, or delay doing so, we have not given it up.
- Entire agreement. These Terms, our Privacy Policy and any signed agreement are the entire agreement between you and us about the Service, and replace any earlier understandings about it.
- Assignment. You may not transfer these Terms without our written consent. We may transfer them to a Data Group company or to a successor of our business.
- Notices. Send notices to us at sales@data.in. We may send notices to the email address you gave us.
- Electronic record. These Terms are an electronic record under the Information Technology Act 2000 and do not need a physical or digital signature.
- Relationship. You and we are independent parties. Nothing in these Terms creates a partnership, agency or employment relationship.
21. Grievance and contact
For questions, complaints or reports of misuse, contact our Grievance Officer, as required by the Information Technology Act 2000 and the rules made under it:
Grievance Officer, Data Ingenious Global Limited
Jaipur, Rajasthan, India
Email: sales@data.in (subject: “Grievance”)
You can also use our contact page.