Terms of Service for TheEvolveAI

1. Eligibility

You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that you meet this requirement.

2. Use of Services

You agree to use our Services in accordance with all applicable laws and not to:

• Use the Services for any unlawful, harmful, or fraudulent purpose.
• Generate deepfakes, non-consensual imagery, or offensive content.
• Use AI-generated content for hate speech, disinformation, or surveillance.
• Violate the intellectual property or privacy rights of others.

3. User Accounts and Access

You may be required to create an account and authenticate via third-party services (e.g., Google). You are responsible for maintaining the confidentiality of your credentials.

4. AI-Generated Content Disclaimer

AI-generated content is experimental and may include errors, biases, or offensive materials. You acknowledge that TheEvolveAI disclaims any liability for the accuracy, reliability, or legality of content generated by AI.

5. Ownership and Intellectual Property

You retain ownership of prompts and outputs you generate, subject to the following:

• TheEvolveAI and its partners are granted a non-exclusive, royalty-free license to use anonymized data to improve AI models and services.
• AI-generated content may not be eligible for copyright protection in some jurisdictions. You assume all risks related to intellectual property rights in such content.

6. Third-Party Services

Our Services may rely on APIs and tools from third parties. By using our Services, you acknowledge and agree to be bound by the terms and privacy policies of these providers.

We are not responsible for any issues, damages, or data processing by these third-party services.We disclaim all liability arising from their failures or use.

7. Payment and Billing

We may process your payments through third-party payment service providers (such as Stripe, Razorpay, or others). These providers' terms of service and privacy policies govern your transactions and may supersede this Agreement solely in the context of payment processing.

By subscribing to a paid plan, you authorize TheEvolveAI or its third-party provider to charge your chosen payment method on a recurring basis (monthly, yearly, or otherwise, as applicable) until you cancel.

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to your plan until the end of the current billing cycle. No refunds will be issued for the remaining period of your current subscription unless required by applicable law.

TheEvolveAI reserves the right to terminate or suspend your access to the Services at its sole discretion, including for violations of our Community Guidelines or any misuse of the Services. Any such violation is considered a material breach of this Agreement.

Taxes, if applicable, will be added to the total fees as required by local laws. Additional details on subscription plans, billing, taxes, refunds, and authorization can be found [here](#).

8. Refund Policy

For Indian consumers, refunds for defective or misrepresented Services will be processed within 15 days in accordance with the Consumer Protection Act (2019). For global users, refunds are granted at our discretion based on the issue and usage context.

9. Termination and Suspension

We reserve the right to suspend or terminate your access for violating these Terms, our Acceptable Use Policy, or any applicable law. Users may appeal termination by contacting support within 7 days.

10. Privacy and Data Usage

Our Privacy Policy explains how we collect, use, and protect your information. By using the Services, you agree to this policy.

Third-party analytics tools like PostHog and Google APIs may collect non-identifying usage data. For AI-related functionality, data may be processed by third parties under their respective policies.

11. Copyright Infringement and Takedown Policy

If you believe content on our platform infringes your copyright, please send a notice to [email protected] including:

• Description of the infringing material
• Your ownership proof
• Your contact information
• A statement of good faith belief that the use is unauthorized

We may restore content if the original user files a valid counter-notice.

12. Export Controls

You agree not to use the Services in violation of export control laws (e.g., U.S. EAR) or in embargoed regions such as North Korea, Iran, etc.

13. Compliance with AI Laws

You agree to comply with AI regulations in your jurisdiction, including India's Digital Personal Data Protection Act (2023), EU AI Act, and others. We continue to update our policies to remain compliant.

14. Limitation of Liability and indemnity

TheEvolveAI provides its services ("Services") on an "AS-IS" and "AS AVAILABLE" basis. Your use of our Services is at your sole risk. We make no, and hereby disclaim, any representations or warranties of any kind, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, satisfactory quality, noninfringement, and title, to the fullest extent permissible under Indian law. We do not warrant that: A. Our Services (or the results obtained from the use thereof) will be timely, error-free, secure, or uninterrupted. B. Our Services will meet your requirements. C. The accuracy, likely results, or reliability of the use of materials on our website or in our AI tools, or of any resources linked to our Services, will be guaranteed. D. Any errors or malfunctions in the website or our services will be corrected. To the extent permitted by applicable laws in India, TheEvolveAI shall not be liable for any damages, including but not limited to direct, indirect, special, incidental, consequential, exemplary, liquidated, or punitive damages, loss of profit, revenue, or business, cost of substitute procurement, arising from your use of (or inability to use) our Services, even if we have been advised of the possibility of such damages. Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from any causes beyond our reasonable control, including but not limited to natural disasters, technical failures, or governmental actions, in accordance with the Indian Contract Act, 1872. Limitation of Liability for Indian Users: In case of any claim, To the fullest extent permitted by law, TheEvolveAI's total aggregate liability for all claims under these Terms shall not exceed the greater of: (a) INR 10,000, or (b) the amount you paid for the Services that gave rise to the claim in the twelve (12) months preceding the claim. You are solely responsible for your use of the Services. If you harm another person, violate any law, or become involved in a dispute, you release us from any responsibility. To the extent permitted by law, you agree to indemnify, defend, and hold harmless TheEvolveAI, its affiliates, and personnel from any third-party claims, losses, damages, liabilities, and expenses (including reasonable attorney's fees) arising from or related to: - your use of the Services, - your violation of these Terms, - or your violation of applicable laws or rights of any third party.

15. Dispute Resolution

Binding Arbitration (for Non-Consumer Users):

If a dispute, controversy, or claim ("Dispute") arises out of or relates to these Terms or the use of TheEvolveAI's services, it shall be resolved exclusively through final and binding arbitration, and not in a court of law. The arbitration shall be conducted in Vijayawada, India, in accordance with the Arbitration and Conciliation Act, 1996. The proceedings will be in English, and one arbitrator shall be mutually appointed by both parties.

30-Day Informal Resolution Period:

Before initiating arbitration, the parties agree to make good faith efforts to resolve any Dispute informally by notifying the other party in writing and attempting resolution within 30 days of the notice.

Consumer Exception:

If you are a user protected under consumer laws (such as India's Consumer Protection Act, 2019), you may choose to resolve the Dispute through arbitration or in the appropriate consumer court with jurisdiction over your claim.

Injunctive Relief:

Either party may seek interim or injunctive relief from a competent court in India to prevent immediate or irreparable harm.

No Jury Trials or Class Actions:

You agree to waive any right to a jury trial or to participate in a class action or representative proceeding. Arbitration shall be conducted on an individual basis only.

16. Governing Law

These Terms are governed by the laws of India. Any disputes will be subject to the exclusive jurisdiction of courts in Vijayawada, India, unless otherwise required by consumer protection laws.

17. Changes to Terms

We may modify these Terms at any time. Continued use of the Services after changes indicates acceptance. Users will be notified of material changes via the platform.