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Chatzy AI · Cybersharp Technology LLP

Acceptable Use Policy

Effective Date: 1st January, 2024  ·  Version 1.0

By using the Services, you confirm that you have read, understood, and agree to be bound by this Acceptable Use Policy.
1

Preamble and Scope

This Acceptable Use Policy ("AUP" or "Policy") is a legally binding agreement between you ("Customer", "User", or "you") and Cybersharp Technology LLP, a company incorporated under the laws of India, trading as Chatzy AI ("Chatzy", "Company", "we", "us", or "our"), with its platform accessible at https://www.chatzy.ai/ (the "Platform").

By accessing or using the Platform and any associated services, APIs, interfaces, or features (collectively, the "Services"), you unconditionally accept and agree to be bound by this AUP, which shall be read in conjunction with the Chatzy Terms of Service, Privacy Policy, SaaS Agreement, and any other applicable policies published by Chatzy from time to time (collectively, the "Governing Agreements").

If you are entering into this AUP on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to this AUP. In the event of a conflict between this AUP and any other Governing Agreement, this AUP shall prevail with respect to matters of permitted and prohibited use, unless expressly stated otherwise in a signed, written agreement with Chatzy.

Chatzy reserves the absolute and unilateral right to amend, modify, or supplement this AUP at any time and without prior notice, with immediate effect upon publication to the Platform. Continued use of the Services following any such amendment constitutes your acceptance of the revised terms. It is your sole responsibility to review this Policy regularly.

2

Definitions

  1. 1Content: Any data, text, files, images, audio, video, code, prompts, outputs, or any other material that is inputted into, generated by, processed through, or transmitted via the Services.
  2. 2Input: Any Content submitted, entered, or uploaded by you or on your behalf into the Services.
  3. 3Output: Any Content generated, derived, or produced by the Services in response to or in connection with any Input.
  4. 4User: Any individual or entity accessing or using the Services, including Customers and their authorised end-users.
  5. 5Third-Party Services: Any external applications, platforms, or services not owned or operated by Chatzy that may integrate with or be used in connection with the Services.
  6. 6Violation: Any act or omission by a User that breaches this AUP, as determined in Chatzy's sole and absolute discretion.
3

Permitted Use

The Services are licensed, not sold, to you strictly for lawful, legitimate, and authorised business purposes consistent with these terms. Your right to use the Services is non-exclusive, non-transferable, limited, and revocable, and is subject at all times to your ongoing compliance with this AUP and all Governing Agreements.

  1. 1Deploying conversational AI agents for customer service, sales, and marketing automation within lawful business operations.
  2. 2Integrating the Services with your own enterprise systems (CRM, ERP, etc.) in a manner consistent with all applicable laws and Chatzy's technical guidelines.
  3. 3Generating, reviewing, and distributing AI-assisted Content, subject to the additional requirements set out in Section 6 of this AUP.
  4. 4Internal business communications, analytics, and automation workflows.
4

Prohibited Content

You shall not use the Services to create, transmit, publish, distribute, store, or otherwise process any Content that is:

  1. 1Unlawful, fraudulent, deceptive, or in violation of any applicable local, national, or international law or regulation;
  2. 2Defamatory, discriminatory, hateful, or derogatory, including content targeting individuals or groups on the basis of religion, race, caste, sexual orientation, gender identity, national or ethnic origin, disability, or any other protected characteristic;
  3. 3Unsolicited commercial communications (spam), chain letters, pyramid schemes, or any form of unauthorised bulk messaging;
  4. 4Infringing upon, misappropriating, or violating the intellectual property rights of any party, including patents, trademarks, trade secrets, copyrights, rights of publicity, or any other proprietary rights;
  5. 5An impersonation of any individual, entity, organisation, or public figure, including Chatzy, its employees, or its representatives;
  6. 6A violation of the privacy, data protection, or confidentiality rights of any individual, including the unauthorised collection, processing, or disclosure of personal data;
  7. 7False, misleading, deceptive, or likely to mislead any person;
  8. 8Sexually explicit, pornographic, or intended to facilitate the provision of sexual services;
  9. 9Child Sexual Abuse Material (CSAM), or any content that exploits, harms, or endangers minors;
  10. 10Harassing, threatening, abusive, or violent toward any individual or group;
  11. 11Malware, spyware, adware, ransomware, viruses, or any other malicious or disruptive code or software; or
  12. 12Designed to circumvent, disable, or interfere with the security, integrity, or proper functioning of the Services or any Third-Party Service.
5

Prohibited Activities and High-Risk Use Cases

In addition to the prohibited Content set out above, you shall not use the Services in connection with any of the following activities, industries, or applications:

5.1Activities Posing Physical Harm Risk

  1. 1Development, design, or testing of weapons, armaments, or military systems;
  2. 2Military, paramilitary, or warfare operations or planning;
  3. 3Management, operation, or control of critical national infrastructure, including energy grids, water supply systems, or transportation networks, where AI-generated Content could directly influence safety-critical decisions; or
  4. 4Content that encourages, promotes, or depicts acts of self-harm, suicide, cutting, or eating disorders.

5.2Activities Posing Economic Harm Risk

  1. 1Multi-level marketing (MLM) or pyramid scheme recruitment or promotion;
  2. 2Online gambling, sports betting, or any unlicensed gaming activities;
  3. 3Predatory or high-interest lending, payday loans, or similar exploitative financial products not authorised under applicable law; or
  4. 4Fully automated, unreviewed determinations of eligibility for credit, employment, housing, educational admission, or public assistance services.

5.3Fraudulent or Deceptive Activities

  1. 1Operating, promoting, or facilitating scams of any nature;
  2. 2Coordinated inauthentic behaviour, including artificial amplification of social media content, fake grassroots campaigns (astroturfing), or synthetic review generation;
  3. 3Plagiarism, academic dishonesty, or the misrepresentation of AI-generated Content as wholly human-authored;
  4. 4Deliberate disinformation or misinformation campaigns; or
  5. 5Promotion of pseudo-pharmaceutical products or unverified health claims.

5.4Adult Content and Services

  1. 1Content intended to arouse sexual excitement or that promotes, facilitates, or advertises sexual services (excluding lawfully regulated sex education and wellness applications);
  2. 2Erotic chatbot applications or adult entertainment platforms; or
  3. 3Pornographic content of any nature.

5.5Political Activities

  1. 1Generation of mass campaign materials for political parties, candidates, or referenda;
  2. 2Creation of targeted political content personalised to specific demographics without lawful basis;
  3. 3Building conversational or interactive systems that engage in political advocacy, lobbying, electioneering, or provide information about political campaigns; or
  4. 4Any application built for the purposes of political campaigning, voter suppression, or electoral manipulation.

5.6Privacy Violations

  1. 1Tracking or covertly monitoring individuals without their express informed consent;
  2. 2Facial recognition or biometric identification of private individuals without lawful authority;
  3. 3Classifying, profiling, or scoring individuals based on protected characteristics without lawful basis;
  4. 4Using biometrics for identification, assessment, or surveillance purposes in violation of applicable law; or
  5. 5Unlawful collection, retention, processing, or disclosure of personally identifiable information, financial data, health records, or other legally protected data.

5.7Professional Advice Without Oversight

  1. 1Providing legal advice, legal opinions, or legal documents to end-users without such Output being reviewed and approved by a qualified, licenced legal professional prior to dissemination;
  2. 2Providing personalised financial advice, investment recommendations, or financial planning without review by a qualified, licenced financial adviser; or
  3. 3Diagnosing, treating, or advising individuals regarding health conditions, medications, or clinical procedures without supervision by a licenced healthcare professional.

5.8High-Risk Government and Judicial Functions

  1. 1Autonomous decision-making in law enforcement, criminal justice, bail, sentencing, or parole determinations;
  2. 2Automated processing of immigration, asylum, or refugee applications without appropriate human oversight and due process safeguards; or
  3. 3Any government decision-making process where an erroneous AI Output could result in significant harm to an individual's legal rights, liberties, or welfare.
6

Additional Requirements and Customer Obligations

In addition to the prohibitions set out in Sections 4 and 5, all Customers must comply with the following obligations:

6.1Professional Review Obligation

Any AI-generated Content intended for distribution to your clients, customers, patients, students, or any other third parties must be reviewed and verified by a suitably qualified professional in the relevant field prior to dissemination. You, as Customer, bear sole and exclusive responsibility for the accuracy, completeness, and appropriateness of all Output that you distribute.

6.2AI Disclosure Obligation

Where you deploy AI-generated Content in consumer-facing applications, and in particular in the fields of medicine, healthcare, law, finance, news, journalism, education, or public information, you must:

  1. 1Display a clear, prominent, and unambiguous disclaimer informing end-users that the Content has been generated or assisted by artificial intelligence;
  2. 2Disclose the inherent limitations of AI-generated Content and advise users to seek professional advice where appropriate; and
  3. 3Ensure the disclaimer is presented in plain language that is easily understood by a lay person and impossible to overlook.

6.3First-Party Content Publication

Customers who wish to publish first-party Content (e.g., books, articles, marketing materials, training resources) created in whole or in part using the Services may do so, subject to:

  1. 1The published Content being attributed to the Customer's name or organisation, and not misrepresented as the work of a third party;
  2. 2A clear and conspicuous disclosure of the role of AI in formulating the Content, in a manner that no reasonable reader could overlook; and
  3. 3Human accountability: a natural person must take ultimate editorial and legal responsibility for any Content published.

You shall not represent AI-generated Output as being wholly human-authored, nor shall you represent entirely human-authored Content as AI-generated.

6.4Security and Access Controls

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify Chatzy of any unauthorised use of your account or any other breach of security at legal@chatzy.ai. Chatzy shall not be liable for any loss or damage arising from your failure to comply with this requirement.

6.5Compliance with Applicable Laws

You represent and warrant that your use of the Services complies at all times with all applicable laws, regulations, and industry standards, including but not limited to applicable data protection laws (including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, as applicable in India), consumer protection laws, and sector-specific regulations applicable to your industry.

7

Enforcement and Remedies

Chatzy reserves the right, but not the obligation, to monitor use of the Services for compliance with this AUP. You acknowledge and agree that:

  1. 1A Violation of this AUP shall be determined in Chatzy's sole and absolute discretion, and Chatzy's determination shall be final and binding;
  2. 2Upon detection of any actual or suspected Violation, Chatzy may, without prior notice and without any liability to you, immediately suspend or terminate access, permanently deactivate your account, remove or block Content, report the Violation to law enforcement, retain identifying information, and take any other action deemed reasonably necessary;
  3. 3Any suspension or termination shall not entitle you to any refund of prepaid fees, and Chatzy shall have no liability arising from such action;
  4. 4Chatzy's rights under this Section are in addition to, and not in substitution of, any other rights or remedies available at law or in equity; and
  5. 5You shall indemnify, defend, and hold harmless Chatzy and its affiliates from any claims, liabilities, damages, losses, costs, and expenses arising from any Violation by you or any person accessing the Services through your account.
8

Disclaimer of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHATZY AND CYBERSHARP TECHNOLOGY LLP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION) ARISING FROM OR IN CONNECTION WITH: your use of or inability to use the Services; any Content generated by the Services; your reliance on any Output without independent verification; any unauthorised access to your data; conduct of any third party; or any other matter relating to the Services. WHERE LIABILITY CANNOT BE EXCLUDED BY LAW, CHATZY'S AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

9

Intellectual Property Rights

All intellectual property rights in and to the Services, the Platform, and all technology, algorithms, models, and software underlying or comprising the Services are owned by Chatzy or its licensors. Nothing in this AUP shall confer on you any licence or right in or to Chatzy's intellectual property except for the limited, revocable right of access expressly granted herein. You retain ownership of your Input, subject to the licence grants set out in the Governing Agreements. You acknowledge that Outputs are generated by AI and may not be protectable by copyright or other intellectual property laws; you assume sole responsibility for ensuring that any Output you use or publish complies with applicable intellectual property laws.

10

Governing Law, Jurisdiction, and Dispute Resolution

This AUP shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. The courts of Delhi, India shall have exclusive jurisdiction over any dispute, claim, or controversy arising out of or in connection with this AUP or the Services, and you irrevocably submit to the jurisdiction of such courts. Prior to initiating any legal proceedings, the parties agree to attempt in good faith to resolve any dispute through written notice and a period of thirty (30) days of good-faith negotiation. Nothing in this clause shall prevent Chatzy from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.

11

General Provisions

11.1Severability

If any provision of this AUP is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

11.2Waiver

No failure or delay by Chatzy in exercising any right, power, or remedy under this AUP shall operate as a waiver of such right. A waiver in one instance shall not constitute a waiver of the same or any other right on any other occasion.

11.3Entire Agreement

This AUP, together with the Governing Agreements, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect thereto.

11.4Assignment

You may not assign, transfer, or sub-licence any of your rights or obligations under this AUP without Chatzy's prior written consent. Chatzy may freely assign its rights and obligations under this AUP without restriction, including in connection with any merger, acquisition, or sale of assets.

11.5Force Majeure

Chatzy shall not be liable for any failure or delay in the performance of its obligations under this AUP to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, pandemics, cyberattacks, or third-party service failures.

12

Reporting Violations

Chatzy encourages responsible reporting of any known or suspected violations of this AUP. If you become aware of any use of the Services that you believe violates this Policy, please contact our Legal & Compliance team promptly. Chatzy reserves the right, in its sole discretion, to investigate any reported violation and to take such action as it deems appropriate, including reporting matters to law enforcement authorities.

Contact Details

Cybersharp Technology LLP · Chatzy AI

legal@chatzy.ai · www.chatzy.ai