Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Clary AI application and related services (collectively, the "Service") provided by Verge Labs Private Limited (registered in Bangalore, India) ("we," "us," or "our").
Please read these Terms carefully before using the Service. By accessing, subscribing to, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, and that you are at least 18 years of age (or have reached the age of majority in your jurisdiction). If you do not agree to these Terms, you may not use the Service.
1. Acceptance of Terms
By using the Service, you confirm your acceptance of these Terms. If you are accessing or using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
2. Your Account
Account Creation: To access certain features of the Service, you may be required to create an account ("User Account"). You agree to provide accurate, complete, and current information when prompted by the applicable registration or login form, and you are responsible for keeping such information up to date.
Account Security: You are responsible for all activities conducted through your User Account, regardless of who conducts those activities. It is your responsibility to maintain the confidentiality of any user IDs, passwords, and other credentials associated with your User Account, and you must notify Verge Labs Private Limited immediately if you suspect or detect any unauthorized access or use of your User Account or associated credentials.
Responsibility: You are responsible for anything that happens through your Account.
3. License to Use the Service
Subject to your compliance with these Terms, Verge Labs Private Limited grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes or personal use, as applicable, in accordance with your subscription plan (if any) and these Terms.
4. User Content (AI Inputs and Outputs)
Your Prompts: Any text, data, images, or other content you input into the AI application ("Prompts") are your responsibility. You represent and warrant that you have all necessary rights, licenses, and permissions to input and use all Prompts with the Service, and that your Prompts do not infringe upon any third-party rights (including intellectual property rights) or violate any applicable laws.
AI Outputs: The content generated by the AI application in response to your Prompts ("Outputs") are provided to you under the license granted in Section 3. While you own your Prompts, the intellectual property rights in the Outputs may depend on the specific AI model used and its underlying terms.
Our Use of Customer Content: You grant Verge Labs Private Limited a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, distribute, and display your Prompts and Outputs solely for the purpose of operating, maintaining, and improving the Service. We do not use your Customer Content to train our AI models.
No Guarantee of Accuracy: You acknowledge that AI models may generate inaccurate, incomplete, or inappropriate Outputs. You agree not to rely on the Service to make critical financial, legal, health, or professional decisions without independently verifying the accuracy and reliability of Outputs. We are not responsible for any decisions made based on Outputs from the Service.
5. Acceptable Use Policy
You agree not to (and shall prevent your authorized users from):
Modify, copy, reproduce, frame, mirror, decompile, disassemble, or create derivative works of the Service or any related software or materials.
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service or any related software or materials.
License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Service available to any third party, other than users in furtherance of your internal business purposes as expressly permitted by these Terms.
Use the Service to generate unlawful, deceptive, fraudulent, defamatory, libelous, obscene, sexually explicit, discriminatory, or otherwise objectionable content.
Use the Service in any manner that violates any applicable laws or regulations, including those related to data privacy and data security.
Upload or transmit any malware, viruses, or other harmful code to the Service.
Interfere with or disrupt the integrity or performance of the Service or third-party data contained therein.
Attempt to gain unauthorized access to the Service or its related systems or networks.
Use the Service for any purpose for which it is not designed or intended.
6. Intellectual Property Rights
All intellectual property rights in the Service (excluding your Prompts and subject to the ownership of AI Outputs as per Section 4), including all software, platform, designs, trademarks, logos, and content, are owned by Verge Labs Private Limited or its licensors.
You are not granted any rights to use Verge Labs Private Limited's intellectual property beyond the limited license granted herein.
7. Fees and Payment (If Applicable)
If the Service requires payment, you agree to pay all applicable fees and charges as described on our website or in your subscription agreement.
All payments are due as per the agreed-upon billing cycle. Failure to pay may result in suspension or termination of your access to the Service.
Prices are subject to change, but we will provide you with reasonable notice of any changes.
8. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. VERGE LABS PRIVATE LIMITED DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VERGE LABS PRIVATE LIMITED DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERGE LABS PRIVATE LIMITED, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF VERGE LABS PRIVATE LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL VERGE LABS PRIVATE LIMITED'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.
10. Indemnification
You agree to indemnify, defend, and hold harmless Verge Labs Private Limited and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
Your violation of these Terms.
Your use of the Service, including your Prompts and Outputs.
Your violation of any applicable law or the rights of a third party.
11. Termination
We may terminate or suspend your access to all or part of the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the courts located in Bangalore, India, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13. Changes to Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.
14. Miscellaneous
Entire Agreement: These Terms constitute the entire agreement between you and Verge Labs Private Limited regarding the Service.
Waiver and Severability: No waiver by Verge Labs Private Limited of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Verge Labs Private Limited to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction.
15. Contact Information
To ask questions or comment about these Terms of Service or the Service, contact us at:
