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Effective Date: 1st January, 2024 · Version 1.0
These Platform Guidelines ("Guidelines") are published by Cybersharp Technology LLP, a limited liability partnership incorporated under the laws of India, trading as Chatzy AI ("Chatzy", "we", "us", or "our"), with its registered office in Delhi, India and corporate office at A-17, First Floor, Sector 65, Noida, UP - 201301, India.
These Guidelines govern the acceptable and prohibited conduct of all Customers and Users when accessing and using the Chatzy AI platform and all associated services, APIs, features, and tools (collectively, the "Services"). These Guidelines form part of the Documentation incorporated into the applicable Master Subscription Agreement ("MSA"), End User License Agreement ("EULA"), or SaaS Agreement between Customer and Chatzy (collectively, the "Governing Agreement"). Capitalised terms not defined in these Guidelines bear the meanings given in the applicable Governing Agreement.
By accessing or using the Services, Customer agrees, on behalf of itself and all of its Users, to comply with these Guidelines at all times. Customer is responsible for ensuring that all of its Users read, understand, and comply with these Guidelines. A breach of these Guidelines by any User shall be deemed a breach by Customer.
These Guidelines may be updated by Chatzy at any time without prior notice. Updates take effect immediately upon publication at https://www.chatzy.ai/platform-guidelines. Customer's continued use of the Services constitutes acceptance of the updated Guidelines. It is Customer's responsibility to review these Guidelines regularly.
The Services are powered by generative artificial intelligence technologies. Customer acknowledges, on behalf of itself and all of its Users, the following:
Generative AI is a rapidly evolving technology with known limitations. The Services may produce Output that is inaccurate, incomplete, outdated, biased, offensive, indecent, incorrect, contextually inappropriate, or otherwise objectionable. The quality and accuracy of Output depends significantly on the quality and content of the Input provided, and on factors outside Chatzy's control including the underlying AI models used.
Customer and its Users must independently scrutinise and verify the accuracy, completeness, and appropriateness of all Output before relying upon it or distributing it to third parties. Output must not be used as a substitute for professional advice (legal, medical, financial, or otherwise) without independent verification by a qualified professional. Customer bears sole responsibility for all decisions made in reliance on Output.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHATZY SHALL NOT BE LIABLE IN ANY WAY FOR ANY OUTPUT GENERATED BY THE SERVICES, INCLUDING ANY ERRORS, OMISSIONS, INACCURACIES, OR OFFENSIVE CONTENT IN ANY OUTPUT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF CUSTOMER'S OR ANY USER'S USE OF, OR RELIANCE UPON, ANY OUTPUT. TO THE EXTENT THAT CUSTOMER OR ITS USERS RELIES UPON THE FACTUAL ACCURACY OF ANY OUTPUT, CUSTOMER ACKNOWLEDGES THAT IT DOES SO ENTIRELY AT ITS OWN RISK AND WITHOUT ANY RECOURSE TO CHATZY.
Customer shall not represent, and shall not permit its Users to represent, to any end-user or third party that Output is wholly human-generated where it is AI-generated. Where required by applicable law or Chatzy's Acceptable Use Policy, Customer shall include appropriate AI disclosure notices in consumer-facing AI-generated content.
Chatzy reserves the right, in its sole and absolute discretion, to review, filter, modify, withhold, or refuse to generate any Input or Output that Chatzy determines, in its sole judgment, violates the Acceptable Use Policy or these Guidelines, or that poses a legal, reputational, or regulatory risk to Chatzy. Chatzy's exercise of this right in a particular instance shall not create any obligation to exercise it in future, nor shall any failure to exercise it constitute a waiver.
User access credentials (including usernames, passwords, API keys, and authentication tokens) are personal to the designated individual User and may not be shared, transferred, sold, or used by any other person. Customer agrees to:
Customer is solely and exclusively responsible for all activity that occurs under its account and under the accounts of its Users, regardless of whether such activity was authorised by Customer. Chatzy shall not be liable for any loss or damage arising from unauthorised access to Customer's account where such access resulted from Customer's or any User's failure to maintain adequate security practices.
Customer is solely responsible for:
Where the Services provide features enabling Customer or Users to add additional Users to accounts, grant access to Customer Property, or modify permissions, Customer acknowledges that it exercises such features entirely at its own risk. Chatzy shall not be liable for any data loss, exposure, or damage arising from Customer's misconfiguration of User access or permissions.
IMMEDIATE SUSPENSION RISK: Chatzy may immediately suspend access to an account if it reasonably suspects that account credentials have been compromised, that unauthorised access is occurring, or that the account is being used in breach of these Guidelines. Such suspension may occur without prior notice and without liability to Customer.
Customer and all of its Users shall at all times comply with Chatzy's Acceptable Use Policy ("AUP"), published at https://www.chatzy.ai/aup, as updated from time to time. The AUP is incorporated by reference into these Guidelines and the Governing Agreement. In the event of any conflict between these Guidelines and the AUP on matters of permitted and prohibited use, the AUP shall prevail.
Customer shall comply at all times with Chatzy's Fair Use Policy ("FUP"), published at https://www.chatzy.ai/fair-use-policy. Abnormally high usage, usage that exceeds applicable Parameters, or usage that degrades Service performance for other users is prohibited and may result in throttling, suspension, or termination of access.
Any violation of the AUP, the FUP, or these Guidelines may result in, at Chatzy's sole and absolute discretion and without prior notice:
NO REFUNDS AND NO DISPUTE ACCEPTED: Where Customer's account is suspended or terminated due to: (i) any illegal activity; (ii) sharing of login credentials; (iii) violation of the AUP or FUP; or (iv) any other breach of these Guidelines or the Governing Agreement, no refund of any fees paid shall be issued and no claim in respect thereof will be entertained. Customer irrevocably agrees that any chargeback, payment dispute, or bank claim raised in connection with such suspension or termination shall be automatically rejected, and Customer agrees to indemnify Chatzy against all costs arising from any such disputed payment claim.
Except where expressly permitted in the Documentation or an applicable Order Form, Customer shall not, and shall ensure that its Users do not, do any of the following:
Chatzy will process and investigate properly submitted notices of alleged intellectual property infringement in respect of material submitted through Customer accounts, and will take appropriate action in accordance with applicable Indian law, including the Information Technology Act, 2000 and the Copyright Act, 1957. Customer agrees to use the Services only in a manner that does not violate any third-party copyright, trademark, trade secret, right of publicity, or other intellectual property right.
To be valid, a notice of alleged intellectual property infringement must be submitted in writing to legal@chatzy.ai and must include:
Where a Customer or User believes that material was removed or disabled as a result of a mistaken or misidentified infringement notice, it may submit a counter-notice to legal@chatzy.ai. Chatzy will evaluate counter-notices in good faith and in accordance with applicable law. Chatzy's decision in respect of any infringement notice or counter-notice shall be final.
Chatzy maintains a policy of terminating, in appropriate circumstances, the accounts of Customers or Users who are repeat infringers of intellectual property rights. Chatzy reserves the right to determine what constitutes a repeat infringer in its sole discretion.
Chatzy is not responsible for, and expressly disclaims all liability for, intellectual property infringement arising from Content submitted to the Services by Customers or Users. Customer shall indemnify Chatzy against all claims, costs, and damages arising from such infringement in accordance with the indemnification provisions of the Governing Agreement.
Chatzy reserves the right, but not the obligation, to monitor the use of the Services at any time and for any purpose, including for security, compliance, operational, and quality purposes. Customer consents to such monitoring by accessing or using the Services. Chatzy's exercise of this right does not impose any editorial responsibility on Chatzy or create any obligation to take any particular action in response to any observed conduct.
Chatzy may, in its sole and absolute discretion and without prior notice, immediately suspend or throttle Customer's or any User's access to the Services if:
Chatzy shall not be liable to Customer or any User for any loss, damage, or inconvenience arising from any suspension, throttling, or restriction of access taken pursuant to these Guidelines or the Governing Agreement. Chatzy will endeavour to provide advance notice of suspension where reasonably practicable, but shall have no obligation to do so.
Chatzy reserves the absolute right to modify, enhance, update, or discontinue any feature, module, or functionality of the Services at any time and without liability to Customer. Chatzy may modify the Services to:
Certain features of the Services may be made available on a beta, pilot, or early access basis. Such features are provided without warranty, are not covered by Chatzy's standard indemnification obligations, and may be discontinued at any time. Customer's use of beta features is at its sole risk.
Subject to any specific requirements in the Governing Agreement for legal notices of termination, material breach, force majeure, or indemnification claims, Chatzy may deliver all business and product-related communications to Customer by any of the following means:
Customer is responsible for maintaining an accurate and current email address in its account and for ensuring that communications from Chatzy are not filtered as spam. Chatzy shall not be liable for any failure by Customer to receive communications due to Customer's own email or IT configuration.
Chatzy may rely and act upon all information, requests, and instructions provided by Customer's Users through the Services or by email from registered account email addresses, without any obligation to verify the authority of the User providing such instructions. Customer is solely responsible for the instructions and requests submitted by its Users.
All legal notices, formal complaints, and infringement notices from Customer to Chatzy must be submitted in writing to legal@chatzy.ai and/or by courier to Cybersharp Technology LLP, A-17, First Floor, Sector 65, Noida, UP - 201301, India. General product enquiries and support requests should be directed to hello@chatzy.ai.
All communications between the Parties under these Guidelines and the Governing Agreement shall be in the English language.
Customer is solely responsible for obtaining and maintaining all rights, licences, consents, and credentials necessary to use any Third-Party Products in connection with the Services. Customer is also solely responsible for installing, configuring, operating, updating, and maintaining Third-Party Products, and for ensuring that its use of Third-Party Products complies with the terms and conditions of the relevant third-party providers.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHATZY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, INCLUDING AS TO THEIR AVAILABILITY, ACCURACY, SECURITY, FITNESS FOR PURPOSE, OR COMPLIANCE WITH ANY LAW. CHATZY PROVIDES NO INDEMNIFICATION IN RESPECT OF ANY THIRD-PARTY PRODUCT.
Where the availability of all or a portion of the Services depends on the corresponding availability of Third-Party Products (including third-party AI models, APIs, or infrastructure), Chatzy's sole obligation shall be to use commercially reasonable efforts to update the Services to restore interoperability following any change in the relevant Third-Party Products. Chatzy shall not be liable for any downtime, data loss, or degraded performance caused by changes to or unavailability of Third-Party Products.
The providers of Third-Party Products integrated by Customer are not Chatzy's sub-processors or agents. They are independent third parties whose terms and privacy policies govern their relationship with Customer. Customer should review those terms and policies directly. Chatzy is not responsible for the data handling practices of Third-Party Product providers selected by Customer.
Customer shall indemnify Chatzy against any and all claims, liabilities, damages, costs, and expenses (including legal fees) arising from Customer's use of Third-Party Products in connection with the Services, or from any incompatibility between Third-Party Products and the Services caused by Customer's configuration or use.
Customer shall not, and shall ensure its Users do not, submit any of the following categories of sensitive data to the Services unless expressly authorised in a signed Order Form or Data Processing Agreement:
Customer is solely responsible for ensuring that all data, content, and Personal Data submitted to the Services complies with applicable data protection and privacy laws, including the Digital Personal Data Protection Act, 2023 (India), and that all necessary consents, authorisations, and registrations have been obtained prior to such submission. Chatzy shall not be liable for any claim, penalty, or regulatory action arising from Customer's non-compliance with applicable data protection law.
Customer is solely responsible for maintaining complete and independent backup copies of all Customer Property. Chatzy makes no guarantee against loss or corruption of data and shall not be liable for any data loss arising from Customer's failure to maintain adequate backups.
Chatzy reserves the sole and absolute right to enforce these Guidelines in any manner it considers appropriate in the circumstances, including any combination of the following:
Chatzy is not required to follow any particular sequence of enforcement steps. It may proceed directly to suspension, account deletion, or termination where, in Chatzy's sole judgment, the severity or urgency of the breach warrants it. Chatzy's determination of whether a breach has occurred shall be final and binding.
Where Customer's account is suspended or terminated due to a breach of these Guidelines, the AUP, the FUP, or the Governing Agreement, Customer shall not be entitled to any refund of prepaid subscription fees. This applies regardless of the duration of the remaining Subscription Term.
Customer's obligations under Sections 4, 5, 6, 7, 9, 10, and 11 of these Guidelines shall survive the expiration or termination of the Governing Agreement.
These Guidelines form part of the Documentation incorporated into the Governing Agreement. In the event of any conflict between these Guidelines and the Governing Agreement, the Governing Agreement shall prevail, except that these Guidelines shall prevail with respect to specific prohibited conduct, enforcement rights, and no-refund provisions.
These Guidelines are governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Guidelines shall be subject to the dispute resolution provisions of the applicable Governing Agreement.
If any provision of these Guidelines is held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.
No failure by Chatzy to enforce any provision of these Guidelines shall constitute a waiver of its right to enforce it in future or in any other instance.
For questions about these Guidelines, please contact:
Cybersharp Technology LLP · Chatzy AI