Legal
Terms of Service
This is the contract between you and the operator of Open LLMs for the website, dashboard, wallet, API keys and inference API.
- Effective
- 20 August 2026
- Version
- 1.0
- Updated
- 20 August 2026
You are contracting with an individual, not a company.
Who we are
- Legal form
- an unregistered sole proprietorship operated by an individual in India
- Registration numbers
- None. The operator holds no Corporate Identity Number and no GSTIN, and issues no invoice describing any amount as GST.
- Governing law
- the laws of India
- Billing currency
- USD only
Grievance Officer
- [email protected]
- Response times
- Acknowledged within 24 hours; disposed of within 15 days.
In short — not binding
The words we use throughout this document, defined once.
Binding text
In these Terms:
- "Operator", "we", "us" and "our" mean an unregistered sole proprietorship operated by an individual in India.
- "You" and "your" mean the person or organisation that accepts these Terms and holds the account.
- "Service" means the Open LLMs website at https://openllms.co, the dashboard, the Wallet, API keys, and the inference API.
- "Model" means an open-weight machine-learning model we make available through the Service.
- "Input" means anything you send to the Service, including prompts, messages, files, audio and request parameters.
- "Output" means anything a Model returns in response to your Input.
- "Wallet" means the prepaid USD balance held against your account. "Promotional credits" means credits we grant that you did not pay for.
- "Terms" means this document together with the Acceptable Use Policy, the Privacy Policy, the Billing and Refund Policy, the Cookie Policy and the Model Licence Annexe, each of which forms part of this agreement.
"Including" means "including without limitation". A reference to a statute is a reference to that statute as amended or re-enacted.
In short — not binding
You contract with an individual in India. There is no company behind Open LLMs.
Binding text
Open LLMs is operated by an unregistered sole proprietorship operated by an individual in India. The operator is an individual and not a registered company or other body corporate, and therefore holds no corporate identity number.
A sole proprietorship is not a separate legal person. The Operator contracts, and is liable, in a personal capacity. Any claim under these Terms lies against the Operator personally, and legal process is served on the Operator at the address stated above and in clause 28.
The Operator is not registered for Goods and Services Tax and holds no GSTIN. No amount we collect is collected by way of tax, and no receipt or invoice we issue describes any amount as GST.
You accept these Terms by creating an account, by generating an API key, or by sending a request to the Service — whichever happens first. If you do not accept them, do not use the Service.
In short — not binding
You must be 18 or older. We do not offer the Service to children.
Binding text
You must be at least 18 years old to open an account or use the Service. There are two independent reasons, and both are absolute:
- Under section 11 of the Indian Contract Act, 1872 a person under 18 cannot enter a binding contract, so an agreement with a minor is void.
- Under the Digital Personal Data Protection Act, 2023 anyone under 18 is a child, and processing a child's personal data requires verifiable parental consent. We operate no verifiable parental-consent mechanism, so we do not offer the Service to children.
You confirm, each time you use the Service, that you meet the age requirement. You must not allow anyone under 18 to use your account or your API keys. If we learn that an account holder is under 18 we terminate the account and delete the personal data we hold for it, except what the law requires us to keep.
If you accept these Terms on behalf of an organisation, you confirm you have authority to bind it, and "you" means that organisation.
In short — not binding
Your account and your API keys are yours to protect. Everything done with them counts as done by you.
Binding text
You must give accurate registration details and keep them current, including a working email address, because that address is how we give you notice under clause 28.
An API key is a bearer credential: anyone holding it can spend your Wallet. You must keep your keys secret, must not embed them in client-side code or a public repository, and must rotate a key you believe is exposed. You are responsible for all activity carried out with your account or your keys, whether or not you authorised it.
Tell us at [email protected] as soon as you become aware of unauthorised use of your account or a key. We may revoke a key or lock an account immediately to contain a suspected compromise.
In short — not binding
We route your requests to open-weight models. Parameters we do not support are ignored, not rejected.
Binding text
The Service accepts chat-completion requests in a wire format compatible with the OpenAI API and returns the selected Model's Output. It is not a drop-in replacement for that API, and we do not represent it as one.
The chat-completions endpoint supports these request parameters: model, messages, temperature, top_p, max_tokens, stop, n, user and stream. Any other parameter is accepted by the API and discarded before the request reaches the Model. In particular:
- Tool and function calling do not work.
tools,tool_choice,functionsandfunction_callare discarded, and you receive an ordinary text completion rather than an error. - Structured-output and JSON modes do not work on chat completions.
response_formatis discarded. seed,logprobs,top_logprobs,logit_bias,presence_penalty,frequency_penaltyandstream_optionsare discarded. Reproducible sampling is not available.max_tokensis reduced to the output limit configured for the Model you selected, so a larger value does not produce a longer Output.- The Service returns a single completion choice, whatever value you send for
n. - Streamed responses do not carry token-usage data. Use a non-streaming request or the usage view in the dashboard.
The Model catalogue changes. We may add, change, re-deploy, suspend or withdraw any Model, endpoint or parameter at any time, and no Model is guaranteed to remain available. We do not promise backward compatibility for anything described in this clause.
In short — not binding
You get a limited, revocable right to use the Service. You get no rights in our software or brand.
Binding text
We grant you a personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Service for your own business or personal purposes, in accordance with these Terms, for as long as your account is open and in good standing.
You must not:
- copy, reverse engineer, decompile or attempt to derive the source code of the Service, except to the extent the law expressly permits it despite this restriction;
- attempt to extract, reconstruct or copy the weights or parameters of a Model through the Service;
- circumvent or interfere with metering, billing, authentication, throttling or any other technical limit;
- resell or resupply raw access to the inference API as a competing inference service, without our prior written agreement. Building your own application, product or agent on the Service is permitted and is what it is for; and
- use our name, brand or logo except to describe your use of the Service accurately. "Open LLMs" is an unregistered mark.
All rights not expressly granted are reserved. Nothing in these Terms transfers ownership of the Service, its software, or any intellectual property in it.
In short — not binding
You own your Inputs. We assign you whatever rights we hold in the Outputs, and warrant nothing about them.
Binding text
As between you and us, you retain all right, title and interest in your Inputs. We claim no ownership of them.
You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process and transmit your Inputs and Outputs solely to operate, secure, meter and bill the Service, to provide support, to investigate abuse, and to comply with law. That licence ends when we delete the material under clause 18. We do not use your Inputs or Outputs to train or fine-tune any model.
As between you and us, we assign to you all right, title and interest that we hold, if any, in the Outputs generated for your account. This is subject to clause 8 and to the rights of any third party.
Whether material generated by a machine-learning model attracts copyright in India, and who its author is, is not settled law. Section 2(d)(vi) of the Copyright Act, 1957 treats the author of a computer-generated work as the person who causes the work to be created, and no Indian court has applied that provision to the output of a large language model. We therefore assign whatever rights we hold, and we do not represent that any right exists to assign, that an Output is original or protectable, or that it does not infringe a third party's rights.
Outputs are not exclusive. The same or a similar Output may be generated for another customer from a similar Input, and we make no exclusivity claim on your behalf.
You are responsible for reviewing every Output before you rely on it or publish it, for the use you make of it, and for satisfying yourself that the use is lawful and permitted by clause 8.
In short — not binding
Each Model carries its own licence and use restrictions. Those restrictions are terms of this contract.
Binding text
The Models are third-party open-weight models. Your use of a Model, and of the Outputs it generates, is additionally governed by the licence that the Model's provider applies to it and by any acceptable-use or prohibited-use policy that forms part of that licence.
You agree to each such licence and prohibited-use policy as a term of this agreement. The restrictions in them are incorporated into these Terms and are enforceable by us against you as provisions of this agreement. Breaching a Model licence or its prohibited-use policy is a breach of these Terms, and we may suspend or terminate your account under clause 19.
The Model Licence Annexe forms part of these Terms. It lists, for every Model in the live catalogue, the licence recorded for that Model, a link to the text of that licence where one exists, and the obligations the licence places on you. Where a Model's provider requires us to give you notice of its use restrictions, to supply you with a copy of its licence, or to display an attribution string, we do so through that Annexe.
Where a licence requires an attribution, a copyright notice, a notice file or a naming condition to travel with the Model, its Outputs or anything you build on them, you must reproduce it when you pass any of those on. Where a licence restricts a field of use, you must observe that restriction.
Where our catalogue does not record a licence for a Model, do not assume that no licence applies. Ask us at [email protected] and we will tell you which licence governs that Model before you rely on it.
We may stop serving a Model at any time, including where its licence changes or where its licence does not permit the use we make of it.
In short — not binding
The Acceptable Use Policy binds you, and so does the prohibited-content list below.
Binding text
The Acceptable Use Policy forms part of these Terms and applies to every request you send.
You must not use the Service to host, display, upload, modify, publish, transmit, store, update, share or generate any information that:
- belongs to another person and to which you have no right;
- is obscene, pornographic, paedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to a child;
- infringes a patent, trade mark, copyright or other proprietary right;
- deceives or misleads the addressee about the origin of a message, or knowingly and intentionally communicates information which is patently false or misleading but may reasonably be perceived as a fact;
- impersonates another person;
- threatens the unity, integrity, defence, security or sovereignty of India, its friendly relations with foreign States, or public order, or causes incitement to the commission of a cognisable offence, or prevents the investigation of an offence, or is insulting to any other nation;
- contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of a computer resource; or
- is patently false or untrue and is published with the intent to mislead or harass a person, entity or agency for financial gain or to cause injury.
That list restates rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. You must also not generate malware, run automated high-volume abuse, conduct unlawful surveillance, or attempt to extract Model weights.
We do not routinely read your Inputs. We access stored Inputs and Outputs only in the circumstances set out in clause 18. We remove content and restrict access where a court or a competent government agency lawfully requires it, and where a law in force requires it.
In short — not binding
Do not move criminal money through the Wallet. We can suspend, refuse a top-up, and report.
Binding text
You must not use the Service or the Wallet to launder money, to finance terrorism, to evade sanctions, or to deal with the proceeds of crime. You must fund the Wallet only from a payment instrument you are entitled to use.
We may refuse or reverse a top-up, freeze a Wallet balance, suspend your account, and give information to our payment provider or to a competent authority, where a law in force requires it or where we reasonably suspect financial crime or payment fraud.
We are not a reporting entity under the Prevention of Money-Laundering Act, 2002, and this clause does not make us one.
In short — not binding
Do not use the Service where trade-control or sanctions law forbids it.
Binding text
You must not use the Service, and must not make the Service or an Output available to any person or in any territory, in breach of applicable export-control, trade-sanctions or embargo law. That includes the Foreign Trade (Development and Regulation) Act, 1992 and the SCOMET list made under it, and any equivalent law that applies to you or to your users.
You confirm that you are not a person with whom dealing is prohibited under a sanctions regime that applies to you, and that you are not acting for such a person.
Some Model licences carry their own trade-compliance obligations. Those reach you through clause 8.
In short — not binding
We publish no rate limits, and we may throttle or refuse traffic that harms the platform.
Binding text
We publish no per-key request rate, no concurrency figure and no throughput figure. Nothing anywhere on the Service is a commitment to a particular level of throughput.
We may apply, change or remove rate limits, concurrency limits and per-key throttles at any time, with or without notice, including to protect the Service, other customers, or a third-party compute provider. Traffic that degrades the Service for others, or that is automated abuse, may be throttled, rejected, or suspended under clause 19.
A request sent without a positive Wallet balance is refused. That is a billing outcome, not a rate limit — see clause 13.
In short — not binding
You prepay in USD and we debit each request. Nothing recurs automatically, and we charge no GST.
Binding text — always shown
All prices, balances and charges are in USD. We offer no other billing currency.
The Service is prepaid. You add funds to your Wallet, and we debit the metered cost of each request from it at the per-Model rate published in the catalogue at the time of the request. That published rate is the rate you are billed. When your balance is not positive, requests are refused.
There is no subscription, no recurring charge, no automatic renewal and no automatic top-up. We never debit your payment instrument unless you start that payment yourself. Every top-up is a payment you initiate, for an amount you choose. The minimum top-up is US$1.00.
Promotional credits carry an expiry date and are cancelled if your account is terminated. Funds you have paid for do not expire. Refunds, expiry and the treatment of a remaining balance are governed by the Billing and Refund Policy.
Card details are entered with our payment provider and do not reach our systems. We store the provider's transaction reference and the amount.
Tax. The Operator is not registered for Goods and Services Tax and does not charge GST. No amount we collect is collected by way of tax, and no receipt or invoice we issue describes any amount as GST — section 32 of the Central Goods and Services Tax Act, 2017 prohibits an unregistered person from collecting tax. You are responsible for any tax, duty, levy or withholding that applies to you in your own jurisdiction, including any reverse-charge obligation, and our prices are exclusive of it.
Where your bank or the payment provider shows the charge in Indian rupees or another currency, that figure is the provider's conversion of the USD price at its own rate at the time of the transaction. We neither set nor control it, and any difference between it and the USD amount is a matter between you and your payment provider.
In short — not binding
We offer no uptime guarantee, no service-level agreement and no service credits.
Binding text
We provide no service-level agreement. We make no commitment about availability, uptime, latency, throughput or capacity, and we publish no uptime figure. We offer no service credits and no compensation for downtime, degraded performance or a failed request.
The Service depends on third-party compute, hosting and network providers. It may be interrupted, throttled, withdrawn or maintained at any time, with or without notice.
No statement on the website, in the documentation, in a support message or in any other communication creates a service level. A service level exists only if we agree one with you in a separate written agreement signed by the Operator.
In short — not binding
Anything labelled beta or preview is experimental, unsupported, and can change or vanish.
Binding text
A feature, Model or endpoint labelled beta, preview or experimental is provided for evaluation only. It is supplied "as is", may be changed or withdrawn at any time without notice, may lose data, and is excluded from every commitment we make elsewhere in these Terms.
Do not use a beta or preview feature in production or for anything you cannot afford to lose. We may begin charging for it, stop charging for it, or discontinue it entirely.
In short — not binding
If you send us an idea, we can use it freely and owe you nothing for it.
Binding text
If you send us feedback, a suggestion, a feature request or a bug report, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use, modify and exploit it for any purpose, with no obligation of confidentiality, attribution or payment.
Do not send us anything confidential to you or to a third party, and do not send us anything you are not free to share on those terms.
In short — not binding
Each of us keeps the other's non-public information private, with the usual exceptions.
Binding text
Each party keeps confidential the other's non-public information disclosed under these Terms, uses it only to perform this agreement, and protects it with at least reasonable care.
This obligation does not apply to information that:
- is or becomes public without a breach of this clause;
- the receiving party already held without a duty of confidence;
- the receiving party develops independently; or
- a law in force, a court or a competent authority requires to be disclosed — in which case the disclosing party is told first, where the law permits that.
Our handling of your Inputs, Outputs and personal data is governed by clause 18 and the Privacy Policy, which prevail over this clause where they differ.
In short — not binding
Every request passes through our systems. Prompt content is stored only if you switch it on, and we share data with the processors we list.
Binding text — always shown
We process personal data as a Data Fiduciary under the Digital Personal Data Protection Act, 2023. The Privacy Policy is our notice and forms part of these Terms.
Every request's prompt and response passes through an internal processing queue so that we can meter, bill and secure the Service.
Prompt and response content is written to our database only for accounts that have turned that setting on. The setting is off by default and only you can turn it on. Where it is on, we store a redacted snapshot — credential-shaped values, email addresses and card-number patterns are masked, and the remaining text is stored as you sent it — together with the source IP address and user agent. Those snapshots are deleted 14 days after capture. Turning the setting off deletes every snapshot already stored for your account.
Our operators can view stored snapshots for support and abuse investigation, across accounts. Those accesses are logged. You can view your own snapshots from the point at which you opted in.
Usage metadata — the Model used, token counts, timing and cost — is recorded for every request whether or not that setting is on, because it is how the request is metered and billed. It is retained for 30 days.
We share personal data with the third-party processors listed on our data recipients list, including compute, payment, infrastructure and analytics providers, some of which are outside India. That page names each one and what it processes.
Nomination. Under section 14 of the Digital Personal Data Protection Act, 2023 you may nominate one or more individuals to exercise your rights under that Act on your death or incapacity. Nominate, change or withdraw a nomination through our privacy request route, giving the account email and the nominee's name and contact details. A nomination takes effect when we confirm it to you, and stays in force until you change or withdraw it.
In short — not binding
You can close your account at any time. We can suspend immediately for abuse and terminate on 30 days' notice.
Binding text
You may stop using the Service and close your account at any time from the dashboard, or by writing to [email protected].
We may suspend or limit your access immediately, and without prior notice, where:
- you breach these Terms, the Acceptable Use Policy, or a Model licence;
- your use threatens the security, stability or lawful operation of the Service, or harms another customer;
- a law in force, a court order or a competent government agency requires it;
- a Model provider requires it; or
- we reasonably suspect fraud or financial crime.
We tell you the reason for a suspension as soon as we reasonably can, unless the law prevents us. Where the cause is capable of being fixed, we restore access when you fix it.
We may terminate these Terms for convenience by giving you 30 days' notice by email to your registered address.
On termination your licence under clause 6 ends and your API keys stop working. Promotional credits are cancelled and are not refundable. A remaining paid balance is dealt with under the Billing and Refund Policy. Termination does not affect a right or liability that has already accrued, nor the clauses listed in clause 34.
In short — not binding
The Service is provided as is. We do not promise it works, is accurate, or suits your purpose.
Binding text — always shown
To the maximum extent permitted by applicable law, the Service, the Models and the Outputs are provided "AS IS" and "AS AVAILABLE", without warranty, condition or representation of any kind, whether express, implied or statutory.
To that same extent we disclaim all implied warranties and conditions, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, or non-infringement.
We do not warrant that:
- the Service will be available, uninterrupted, timely, secure or error-free;
- an Output will be accurate, complete, current, lawful, non-infringing, reproducible or fit for any purpose;
- a defect will be corrected; or
- a Model will remain available.
Outputs are produced by statistical models. They can be wrong, biased, offensive or entirely fabricated while appearing confident. You must evaluate every Output before you act on it, and you must not use the Service as the sole basis for a medical, legal, financial, employment, immigration, credit, insurance or safety decision that materially affects a person.
Nothing in this clause excludes or limits a right you hold that cannot be excluded or limited under applicable law, including any non-waivable right you have as a "consumer" under the Consumer Protection Act, 2019 and any remedy that Act gives you for deficiency in service.
In short — not binding
Our total liability is capped at the fees you paid us in the last 12 months, or US$50 if that is greater. Fraud and personal injury are never capped.
Binding text — always shown
To the maximum extent permitted by applicable law, our aggregate liability arising out of or relating to these Terms or the Service — whether in contract, in tort including negligence, in restitution, under statute or otherwise — will not exceed the greater of (a) the total fees you paid us in the twelve months immediately before the event giving rise to the claim, and (b) US$50.
That is a single aggregate cap across all claims, not a cap for each claim. The amount named is a ceiling on the compensation recoverable and is not an agreed or liquidated sum: section 74 of the Indian Contract Act, 1872 applies to it.
To the same extent, we are not liable for indirect, incidental, special, consequential, exemplary or punitive loss, nor for loss of profit, revenue, business, anticipated saving, data or goodwill, however caused and even if we were told the loss was possible.
We are not liable for loss arising from your use of, or your reliance on, an Output, or from a decision you took on the basis of one.
Nothing in these Terms excludes or limits our liability for fraud or fraudulent misrepresentation, for wilful misconduct, for death or personal injury caused by our negligence, or for any other liability that cannot lawfully be excluded or limited — including any non-waivable right you have under the Consumer Protection Act, 2019.
Each part of this clause operates independently. If a part is held unenforceable, the remaining parts continue to apply.
In short — not binding
If your use of the Service gets us sued, you cover it — and you run the defence.
Binding text — always shown
You will indemnify the Operator against any claim, proceeding, loss, damage, fine, penalty and reasonable legal cost arising from:
- your Inputs, or your use of or reliance on an Output;
- your breach of these Terms, of the Acceptable Use Policy, or of a Model licence or its prohibited-use policy;
- your infringement of a third party's rights; or
- your breach of a law in force that applies to you.
We will notify you of the claim without undue delay, will not admit liability or settle it without your written consent (which you will not unreasonably withhold), and will give you reasonable assistance at your cost. You may take conduct of the defence with counsel of your choosing, and we may participate at our own cost.
This clause does not apply to the extent the claim arises from our own fraud, wilful misconduct or breach of these Terms.
This clause does not apply to you if you are a "consumer" under the Consumer Protection Act, 2019, except to the extent that Act permits, and it does not require you to indemnify us for anything applicable law does not allow us to be indemnified for.
In short — not binding
We give you 30 days' notice by email before a material change takes effect.
Binding text
We may change these Terms. For a material change we give you at least 30 days' notice before it takes effect, by email to your registered address and by a notice on this page. The notice names the clauses that change and the date the change takes effect.
Continuing to use the Service on or after that date is acceptance of the change. If you do not accept it, stop using the Service and close your account before that date; the Billing and Refund Policy governs any remaining balance.
A change we are required to make immediately by a law in force, or that is needed to address a security or legal risk, takes effect when we publish it. We tell you as soon as we reasonably can.
Every version carries the effective date and version number shown at the top of this page. The version in force at the time you use the Service is the version that governs that use.
In short — not binding
At least once a year we remind you that these Terms, the Acceptable Use Policy and the Privacy Policy apply.
Binding text
At least once every year we inform registered users of these Terms, the Acceptable Use Policy and the Privacy Policy, and of the consequences of not complying with them — which include removal of content, suspension of access, and termination of the account.
This satisfies rule 3(1)(f) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
In short — not binding
Complaints go to our Grievance Officer: acknowledged in 24 hours, disposed of in 15 days.
Binding text
The Grievance Officer for the Service is contactable at [email protected].
We acknowledge a complaint within 24 hours of receiving it and dispose of it within 15 days. Those periods satisfy rule 3(2)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and rules 4(5) and 5(4) of the Consumer Protection (E-Commerce) Rules, 2020.
A complaint must give the email address on your account, the date and time of what you are complaining about, and what you want us to do.
The same route handles a complaint about how we handle personal data. If you are not satisfied with the outcome, the Privacy Policy explains escalation to the Data Protection Board of India.
Nothing in this clause affects your right, if you are a consumer, to approach a Consumer Commission under the Consumer Protection Act, 2019.
In short — not binding
Complain to us first. What we cannot settle goes to one arbitrator seated in India — and consumers keep their right to a Consumer Commission.
Binding text — always shown
Step one — talk to us. Raise the dispute with the Grievance Officer under clause 25. Both parties will try in good faith to resolve it within 30 days of that notice.
Step two — arbitration. Any dispute that cannot be resolved through our grievance process will be referred to arbitration by 1 arbitrator under the Arbitration and Conciliation Act, 1996. The arbitration is seated in India, and the proceedings will be conducted in English.
- The sole arbitrator is appointed by written agreement of both parties. If the parties have not agreed within 30 days of a written request to arbitrate, either party may apply for the appointment under section 11 of the Arbitration and Conciliation Act, 1996 to the High Court exercising jurisdiction over the seat. Neither party has any right to appoint the arbitrator unilaterally, or to nominate a panel from which the other must choose.
- The arbitration is seated in India. Hearings are held there or by video conference as the tribunal directs.
- The proceedings are conducted in English, and the law governing the contract is the laws of India.
- Each party bears its own costs unless the tribunal directs otherwise. The award is final and binding.
Small claims. Where the total amount in dispute is US$500 or less, either party may instead elect, by written notice to the other, to have the dispute decided by the courts named in clause 27. Arbitration does not proceed once that election is made.
Interim relief. Either party may apply to a court for interim measures under section 9 of the Arbitration and Conciliation Act, 1996 at any time, including to protect intellectual property or account security. Doing so is not a waiver of this clause.
Consumers. Nothing in this clause limits or excludes any right you have as a "consumer" under the Consumer Protection Act, 2019 to approach a Consumer Commission, or any other right you hold that cannot be waived. Consumer disputes are not arbitrable in India, and we do not ask you to give up that forum.
We do not ask you to waive any right to bring or take part in collective or representative proceedings.
In short — not binding
Indian law governs these Terms, and the courts of India have exclusive jurisdiction.
Binding text — always shown
These terms are governed by and construed in accordance with the laws of India, and the courts of India have exclusive jurisdiction over any dispute arising out of or in connection with them.
That is subject to clause 26, including the consumer carve-out in it.
If you are a consumer resident outside India, this clause does not deprive you of the protection of any mandatory law of your place of residence that applies to you.
In short — not binding
Email is valid service. We write to your registered address; you write to ours.
Binding text
We give you notice by email to the address registered on your account, or by a notice in the dashboard or on the Service. A notice sent by email is treated as given on the day it is sent, unless we receive a delivery failure for it.
You give us notice by email to [email protected]. A postal address for formal service is not published today; ask at the address above and it will be provided.
You must keep your registered email address current and monitored. A notice we send to the address on your account is valid even if you no longer read it.
In short — not binding
Neither of us is liable for a failure caused by something outside our control.
Binding text
Neither party is liable for a failure or delay in performing an obligation, other than an obligation to pay an amount already due, caused by an event beyond its reasonable control. That includes an act of God, flood, fire, earthquake, epidemic, war, act of terrorism, civil disturbance, strike, act or order of a government, change in law, failure of a public telecommunications network or power grid, and the failure or withdrawal of a third-party compute, hosting or payment provider.
The affected party tells the other as soon as it reasonably can and resumes performance when it is able to. If the event continues for more than 60 days, either party may terminate these Terms by written notice.
In short — not binding
You need our consent to transfer this contract. We can transfer it if the business moves or incorporates.
Binding text
You may not assign, novate, charge or otherwise transfer these Terms or any right or obligation under them without our prior written consent.
We may assign or novate these Terms, in whole or in part, to a successor of the business — including to a company formed to carry on the Operator's business, or to a buyer of the assets to which the Service relates. We tell you at least 30 days beforehand by email, and the successor takes on these Terms unchanged.
A purported transfer in breach of this clause is void.
In short — not binding
If a clause fails, the rest stands and the failing clause is trimmed to what the law allows.
Binding text
If a provision of these Terms is held invalid, illegal or unenforceable, it is read down or severed to the minimum extent needed to make it enforceable, and the remaining provisions continue in full force.
Where a provision limiting or excluding our liability is read down, it applies to the maximum extent the law allows rather than falling away altogether.
In short — not binding
Letting something slide once does not give up the right to enforce it later.
Binding text
A failure or delay in enforcing a right under these Terms is not a waiver of that right. A single or partial exercise of a right does not prevent its further exercise.
A waiver is effective only if given in writing, and applies only to the instance and the purpose for which it is given.
In short — not binding
This document and the linked policies are the whole agreement. Headings and summaries are not part of it.
Binding text
These Terms, together with the Acceptable Use Policy, the Privacy Policy, the Billing and Refund Policy, the Cookie Policy and the Model Licence Annexe, are the entire agreement between you and the Operator about the Service, and replace any earlier understanding on the same subject.
Where a linked policy conflicts with these Terms, these Terms prevail — except that the Privacy Policy prevails on the handling of personal data, and the Model Licence Annexe prevails on the terms of a Model's licence.
Clause headings, clause numbers, the "In short" cards beside each clause, and the summary cards at the top of this page are provided for convenience only. They are not part of this agreement, they do not bind either party, and they do not affect the interpretation of any clause. The binding text of each clause is what governs.
Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and the Operator, and no person other than you and the Operator has any right to enforce them.
These Terms are written in English. A translation is provided for convenience only, and the English text governs.
In short — not binding
The clauses that need to outlive the account do.
Binding text
Termination or expiry of these Terms does not affect the following, which survive: Definitions; Your Inputs and Outputs; Open-model licences, to the extent a Model licence requires; Feedback; Confidentiality; Personal data, prompt handling and nomination, for as long as we hold the data; Warranty disclaimer; Limitation of liability; Indemnity; Grievance Officer; Dispute resolution; Governing law and jurisdiction; Notices; Severability; Waiver; Entire agreement and interpretation; and this clause.
A right or liability that accrued before termination, and any amount already due, also survive.