Terms of Service

Welcome to Yupcha Softwares Pvt. Ltd. ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our websites, SaaS products, AI-powered tools, and any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and all applicable laws and regulations.

1. Acceptance of Terms

By creating an account, clicking "I Agree," or otherwise accessing or using any of our Services, you signify your unreserved agreement to these Terms. If you do not agree to these Terms, you may not access or use our Services.

2. Eligibility and Authority

You represent and warrant that you are at least 18 years of age and have the legal capacity and authority to enter into these Terms on behalf of yourself or the business entity or organization that you purport to represent. If you are accepting these Terms on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. User Accounts

• Account Creation: To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
• Account Security: You are solely responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.

4. Use Restrictions and Prohibited Actions

You agree to use the Services lawfully, ethically, and as expressly authorized. You shall not, and shall not permit any third party to:

• Unauthorized Access: Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers.
• Scraping/Data Mining: Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
• Harmful Content: Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Interference: Interfere with or disrupt the integrity or performance of the Services or data contained therein.
• Unauthorized Redistribution: Sell, resell, rent, lease, distribute, or otherwise commercially exploit the Services or any portion thereof.
• Reverse Engineering (AI Specific): Attempt to reverse engineer, decompile, disassemble, or otherwise discover the source code, underlying ideas, algorithms, or structure of the Services, including our AI models and algorithms.
• AI Misuse/Manipulation: Use the Services, particularly our AI-powered features, to generate, transmit, or process content that is fraudulent, misleading, harmful, discriminatory, infringes on third-party rights, or attempts to circumvent AI safety measures or filters. Do not attempt to "trick" or manipulate our AI models to produce unintended, biased, or harmful outputs.
• Benchmark Testing: Conduct any benchmark or stress tests on the Services, including our AI models, without our prior written consent.

5. Fees and Payment

• Subscription Fees: Access to certain Services requires payment of subscription fees as indicated on our pricing pages or in your service agreement.
• Non-Refundable: Unless otherwise expressly stated in a separate agreement, all fees are non-refundable.
• Changes to Fees: We reserve the right to change our fees upon 30 days' advance notice to you. Your continued use of the Services after the effective date of the fee change constitutes your agreement to the new fees.
• Taxes: All fees are exclusive of applicable taxes, duties, or government levies, which shall be your responsibility.

6. Intellectual Property

• Our Intellectual Property: All rights, title, and interest in and to the Services, including all software, technology, documentation, AI models, algorithms, and any content provided by us (excluding User Content, as defined below), are and will remain the exclusive property of Yupcha Softwares Pvt. Ltd. and its licensors. Our brand names, logos, and product names are trademarks of Yupcha Softwares Pvt. Ltd., and may not be used without our prior written permission.
• User Content & Data: You retain all ownership rights in the data, content, information, and materials that you or your end-users submit, upload, or process through the Services ("User Content"). You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display the User Content solely for the purpose of providing, maintaining, supporting, and improving the Services (including training our AI models using anonymized data as per our Privacy Policy).
• AI-Generated Output: You retain ownership of the specific output generated by our AI tools based on your User Content. We grant you a license to use such AI-generated output in connection with your use of the Services, subject to these Terms. You acknowledge that AI-generated output may share similarities with outputs generated for other users, and we do not guarantee uniqueness.

7. Data and Privacy

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. You agree that you have read and understood our Privacy Policy. You represent and warrant that you have obtained all necessary consents, licenses, and permissions from data subjects (e.g., candidates, employees) to process their personal data through our Services in accordance with applicable data protection laws and our Privacy Policy.

8. Suspension and Termination

• By Yupcha: We may suspend or terminate your account and access to the Services, with or without prior notice, if you violate these Terms, engage in activities that are harmful to our Services or other users, or if required by law.
• By You: You may terminate your account at any time by contacting us at [email protected].
• Effect of Termination: Upon termination, your right to use the Services will immediately cease. We will handle your data in accordance with our Data Retention Policy described in our Privacy Policy and any applicable Data Processing Addendum.

9. Disclaimers and Limitation of Liability

• "AS IS" Basis: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
• AI Accuracy Disclaimer: WE DO NOT WARRANT THAT THE SERVICES, INCLUDING OUR AI-POWERED TOOLS, WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR ACCURATE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT AI-GENERATED OUTPUTS OR RECOMMENDATIONS ARE BASED ON STATISTICAL MODELS AND ARE NOT GUARANTEED TO BE ERROR-FREE, COMPLETELY ACCURATE, OR FIT FOR ANY SPECIFIC BUSINESS PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, VERIFYING, AND EXERCISING INDEPENDENT PROFESSIONAL JUDGMENT REGARDING ANY OUTPUTS OR RECOMMENDATIONS GENERATED BY THE SERVICES BEFORE RELYING ON THEM.
• Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YUPCHA SOFTWARES PVT. LTD., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
• Aggregate Liability: OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO YUPCHA SOFTWARES PVT. LTD. FOR THE PAST TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND INDIAN RUPEES (INR 1,000).

10. Indemnification

You agree to indemnify, defend, and hold harmless Yupcha Softwares Pvt. Ltd., its affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to: (a) your access to or use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (e) your breach of any representation or warranty made by you herein.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof, shall be referred to and finally resolved by arbitration in Agartala, Tripura, India, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English.

12. Changes to These Terms

We may modify these Terms from time to time. We will provide notification of material changes at least 30 days prior to the effective date of the changes (e.g., via email to registered users or prominent notice on our website). Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the new Terms.

13. Contact Information

If you have any questions about these Terms, please contact us: