Terms and Conditions

These Terms and Conditions (“Terms”) govern the access to and use of the website located at https://zinq.ai/ , the Zinq AI platform, applications, software, application programming interfaces (APIs), integrations, products, features, functionalities and services made available by Logicwind Technologies LLP, having its registered office at 3^rd Floor, Soham Square, Across Metro Mall, VIP Road, Surat – 395017 (hereinafter referred to as the “Company”, “we”, “us” or “our”) (collectively referred to as the “Platform”).

 

The Company has developed a multi-tenant business to business software as a service conversational artificial intelligence  platform  known as “Zinq AI” that enables businesses, organisations and authorised individuals to create, configure, deploy, manage and monitor artificial intelligence powered agents capable of interacting with Users across multiple communication channels, integrating with third-party systems, automating workflows, managing business communications, facilitating human handoffs and performing such other functions as may be supported by the Platform from time to time (“Services/Zinq AI Services”).

These Terms constitute a legally binding and enforceable agreement between the Company and any person or entity accessing, browsing, registering with, subscribing to, integrating with or otherwise using the Platform or the Services (“User”, “you” or “your”). Any subscription agreement, order form, proposal, statement of work, service order, invoice, online purchase flow, pricing schedule or other commercial arrangement executed, accepted or acknowledged by a User in connection with the Services shall form an integral part of and be read together with these Terms.

These Terms shall also be read together with the Privacy Policy and any additional policies, published or communicated by the Company from time to time.

By accessing or using the Platform or the Services, you represent and warrant that you possess the legal authority, capacity and right to enter into and be bound by these Terms and, where acting on behalf of a company, partnership, organisation or other legal entity, that you possess the authority to bind such entity to these Terms. If you do not agree to these Terms, you must immediately discontinue access to and use of the Platform and the Services.

 

1. Definitions

For the purposes of these Terms, the following expressions shall have the meanings assigned to them below:

 

• “AI Agent” means an artificial intelligence powered conversational, automation or task-execution agent configured, deployed or operated through the Platform and capable of interacting with End Users, retrieving information, generating responses, executing workflows, utilising integrations and performing configured actions.

 

• “End User” means any individual, customer, visitor or third party who interacts with an AI agent, workflow, communication channel or other functionality deployed by a Workspace through the Platform but who is not a Workspace Member.

 

• Integrations” means any third-party applications, software, communication channels, APIs, systems, platforms, services or tools connected to or utilised in conjunction with the Platform.

 

• “Knowledge Repository” means any database, document collection, information source, retrieval system or knowledge base uploaded, connected, maintained or made available by a User for use by AI Agents.

 

• “User Content” means all information, data, documents, communications, prompts, instructions, configurations, contact records, knowledge repositories, files, media, workflows, custom fields and other content uploaded, transmitted, generated, stored or otherwise made available by a User through the Platform.

 

• “Workspace” means a dedicated account environment created on the Platform through which the Services are accessed, administered and managed and which contains the relevant User’s agents, integrations, contacts, knowledge repositories, workflows, configurations, permissions and associated data.

 

• “Workspace Member” means the individual or legal entity that creates, subscribes to or otherwise controls a Workspace and is responsible for the administration, management and operation of such Workspace.

Any capitalised term used but not otherwise defined in these Terms shall have the meaning assigned to it elsewhere in these Terms.

 

2. Zinq AI Services

The Company provides the Services through the Platform on a software-as-a-service basis. The Services are designed to enable Users to create, configure, deploy, manage and monitor artificial intelligence powered agents and related business automation tools capable of communicating with End Users, retrieving and processing information, executing predefined actions, facilitating workflow automation and integrating with supported third-party services.

The Platform enables Users to establish and manage Workspaces through which AI Agents may be configured and deployed. Depending upon the functionality made available by the Company from time to time, a Workspace may include AI Agents, Skills, Workflows, Knowledge Repositories, Contacts, Integrations, Inbox functionality, Human Handoff capabilities, analytics, usage monitoring tools, communication channels, custom data fields and such other features and functionalities as may be introduced, modified or discontinued by the Company.

The Platform supports communication and engagement through various channels including websites, messaging applications, email channels, voice and telephony channels, social communication platforms and other supported interfaces. AI Agents may interact with End Users through such channels for purposes including responding to inquiries, collecting information, qualifying leads, scheduling appointments, escalating conversations, initiating workflows, retrieving information from connected systems and performing other configured actions. The Company shall use commercially reasonable efforts to provide and maintain the Services. However, the Company does not guarantee that any specific feature, functionality, communication channel, integration or capability will remain available indefinitely and reserves the right to modify, suspend, replace or discontinue any aspect of the Services at any time.

The Services are intended primarily for commercial and business purposes. The Company reserves the right to determine the scope, availability, eligibility requirements, technical specifications and operational parameters applicable to the Services from time to time.

The Company acts solely as a provider of technology infrastructure and software tools. Except as expressly stated otherwise, the Company does not operate, control or supervise the business activities conducted by Users through the Platform and shall not be responsible for any business decisions, communications, representations, transactions or interactions undertaken by Users through the Services.

 

3. Workspace Accounts and Administration

Access to the Services requires the creation of a Workspace and the registration of an account with the Platform. A Workspace may be established by an individual acting in his or her personal capacity or on behalf of a company, partnership, organisation or other legal entity. The individual creating a Workspace represents and warrants that he or she possesses all necessary authority, approvals and permissions required to bind the relevant entity to these Terms and to administer the Workspace on behalf of such entity.

Registration may also be completed using a supported social login provider (such as Google or other OAuth-enabled services supported by the Platform from time to time). Where a User registers via a social login provider, only the basic profile information authorised by such provider (including name and email address) shall be collected by the Company. Registration through a social login provider is subject to the applicable terms of service and privacy policy of that provider, which govern the provider’s own data processing activities. The Company shall not be responsible for the availability, accuracy or security of any social login provider or for any data processed by such provider independently of the Platform.

Upon creation of a Workspace, the Workspace Member shall be responsible for the administration and management of the Workspace, including the addition, removal and management of Workspace Members, assignment of permissions, configuration of AI Agents, management of Integrations, billing administration and overall compliance with these Terms. Users shall provide accurate, complete and current information during registration and throughout their use of the Services. Users shall promptly update any information that becomes inaccurate, incomplete or outdated.

Users are solely responsible for maintaining the confidentiality and security of their account credentials, authentication methods, access tokens and passwords. Any activity occurring through a User’s account or Workspace shall be deemed authorised by the relevant User unless proven otherwise. The Company may implement authentication procedures, verification requirements, security measures and account validation processes as it considers necessary for the security and integrity of the Platform. The Company reserves the right to reject any registration request, restrict account creation, suspend access or require additional verification where it reasonably believes that an account is being used in violation of these Terms, applicable law or the legitimate interests of the Company, other Users or third parties.

 

4. AI Agents, Skills, Workflows And End User Interactions

The Platform enables Workspace Members to create, configure, customise and deploy artificial intelligence powered agents for communication, information gathering, workflow execution, customer engagement, support operations, lead qualification, appointment scheduling, task management and other business purposes supported by the Platform.

Workspace Members may define the behaviour, instructions, prompts, skills, workflows, decision logic, escalation pathways, integrations, response mechanisms and knowledge sources utilised by AI agents. The Company provides the technological infrastructure necessary to facilitate such functionality but does not determine the specific purpose, configuration, content, objectives or operational decisions implemented by Workspace Members.

AI agents may communicate directly with End Users through communication channels configured by the relevant Workspace. Such interactions may include collection of information, responses to inquiries, automated task execution, workflow initiation, appointment scheduling, support assistance, lead qualification, data capture, escalation to human representatives and other configured functions.

The Company does not independently review, supervise, validate or approve every interaction generated through AI agents. Workspace Members remain solely responsible for the configuration, deployment, operation and supervision of AI agents deployed through their Workspaces and for ensuring that all communications and activities undertaken by such agents comply with applicable laws, regulations and industry requirements.

The Platform may facilitate human handoff functionality enabling conversations initiated or managed by AI agents to be transferred to human representatives. The Company does not guarantee uninterrupted availability of such functionality and shall not be responsible for delays, omissions, failures or consequences arising from any transfer, escalation or handoff process.

Workspace Members acknowledge that artificial intelligence systems generate outputs based upon statistical models, machine learning systems and automated processing technologies. AI-generated responses may contain inaccuracies, omissions, outdated information, biases, misinterpretations or unintended results. The Company does not warrant the accuracy, reliability, completeness or suitability of any output generated by AI agents and Users must independently evaluate and verify any output before relying upon it.

End Users interacting with AI agents are not customers, subscribers or account holders of the Platform solely by virtue of such interactions. The relevant Workspace Member remains solely responsible for its relationship with End Users and for all notices, disclosures, consents and permissions required in connection with such interactions.

 

5. Subscription Plans, Payment Terms, Renewals and Refunds

The Services are made available on a subscription and usage-based software as a service model. Access to and use of the Services shall be subject to the subscription plan selected by the Workspace Member. Each Workspace shall be subscribed independently and the features, functionalities, usage limits, capacities and service entitlements applicable to a Workspace shall be determined by the subscription plan associated with such Workspace.

Subscription Plans. The Company may offer different subscription tiers from time to time, each providing varying levels of access to the Services. Depending upon the applicable subscription plan, usage limitations may apply to (i) the number of AI Agents, (ii) conversations, (iii) AI processing capacity, (iv) Knowledge Repository storage, (v) voice usage, (vi) communication volumes, (vii) contacts, (viii) Workspace Members, (ix) integrations, (x) API usage, (xi) automation workflows and other measurable resources supported by the Platform.

Certain features, functionalities, integrations, artificial intelligence capabilities, products, tools or services may be designated by the Company as beta, preview, early access, pilot, experimental or testing features (“Beta Features”). Beta Features are provided solely for evaluation and testing purposes, may contain bugs, errors, defects, interruptions, security vulnerabilities or other issues, and may be modified, suspended, restricted or discontinued by the Company at any time without notice. Beta Features are provided on an “as is” and “as available” basis and the Company makes no representations, warranties, service commitments or support obligations in relation thereto.

The Company reserves the right to introduce new subscription plans, discontinue existing plans, modify plan structures, revise usage limits, alter service entitlements, introduce new chargeable features or otherwise amend its commercial offerings from time to time. Any modification affecting an existing subscription shall be communicated to the relevant Workspace Members in advance and shall generally take effect upon renewal of the applicable subscription term unless otherwise specified by the Company.

Subscription Timeline. Subscriptions may be offered on monthly, annual or such other billing cycles as may be determined by the Company from time to time. The applicable pricing, plan inclusions, usage limits and commercial terms shall be displayed or communicated to the User at the time of purchase, renewal or modification of the relevant subscription.

Top Ups of Services. In addition to recurring subscription plans, Users may top-up and/or purchase any and/or all Services on individual basis to expand usage capacity or such other Services offered by the Company. Such top-ups shall constitute one-time purchases unless expressly stated otherwise and shall not automatically be subject to renewal.

Payment Terms. All subscription fees, usage charges, top-up charges and other amounts payable in connection with the Services shall be charged through the payment method designated by the User and processed through one or more third-party payment service providers authorised by the Company. Payments may be accepted in Indian Rupees (INR), United States Dollars (USD) or such other currencies as the Company may support from time to time. All prices are exclusive of applicable taxes, duties, levies and governmental charges unless expressly stated otherwise, and the User shall be responsible for payment of all such applicable amounts.

The User authorises the Company and its designated payment service providers to charge the payment method associated with the relevant Workspace for recurring subscription fees, renewal charges, usage-based charges, top-up purchases and any other amounts payable under these Terms. The Company may issue invoices, receipts and billing communications electronically.

Renewal. Subscription shall automatically renew upon expiry of the applicable subscription term unless cancelled by the User before the renewal date. Upon renewal, the Company shall be authorised to charge the applicable subscription fees using the payment method associated with the Workspace. Top-up purchases shall not automatically renew and must be purchased separately as and when required by the User.

Right of Suspension. If the User fails to renew the subscription plan or otherwise fails to pay any amount due under these Terms, the Company may suspend access to all or part of the Services associated with the relevant Workspace. During such suspension period, AI Agents, workflows, integrations, communication channels, automation functionality and other Services may cease to operate or may be restricted by the Company. The Company may continue to retain Workspace data for a period of up to 3 (three) months from the date of suspension or such longer period as may be determined by the Company in its discretion (“Retention Period”). Following expiry of the applicable Retention Period, the Company may permanently delete the Workspace and associated data without further liability to the User.

Users may cancel their subscriptions at any time through the Platform or by using such cancellation process as may be prescribed by the Company from time to time. Cancellation shall prevent future renewals but shall not affect charges already incurred or amounts already payable.

Unless otherwise required by applicable law or expressly provided in these Terms, monthly subscription fees are non-refundable. Where a User cancels an annual subscription, the User may be entitled to a pro-rata refund corresponding to the unused portion of the prepaid annual subscription period, subject to adjustment for any usage-based charges, discounts, promotional benefits, credits or other amounts applicable to the relevant Workspace. Top-up purchases, usage credits and other one-time consumable purchases are non-refundable once purchased.

Refund processing shall ordinarily be initiated within seven (7) business days following verification of the claim, provided that the actual receipt of funds shall remain subject to the processing timelines of the applicable financial institution, card network, payment gateway or payment service provider.

The Company reserves the right to suspend, reject or reverse any transaction that it reasonably believes to be fraudulent, unauthorised, unlawful or in violation of these Terms. The User shall remain responsible for all fees, charges and liabilities incurred through its Workspace prior to the effective date of cancellation, suspension or termination.

 

6. Responsibility of Workspace Member

The Platform is designed to enable Workspace Members to independently configure, deploy, manage and supervise AI Agents, communication channels, workflows, integrations, Knowledge Repositories and other functionalities made available through the Services. The Company provides the underlying technology infrastructure and tools necessary to facilitate such activities but does not determine the specific manner in which any Workspace is configured or operated.

Workspace Members shall be solely responsible for all configurations, instructions, prompts, workflows, automation logic, escalation paths, communication settings, integrations, Knowledge Repositories, contacts, customer records and other operational parameters established within their Workspace. The behaviour, responses, outputs and actions generated by AI Agents may be materially influenced by such configurations and the User acknowledges that the Company does not control or supervise the operational decisions made by Workspace Members.

Workspace Members shall be responsible for ensuring that AI Agents deployed through their Workspace are configured and utilised in a lawful, responsible and appropriate manner and that all communications, notifications, disclosures, requests for information, marketing activities, workflow actions and interactions with End Users comply with applicable laws, regulations, industry requirements and contractual obligations applicable to the relevant Workspace.

The User acknowledges that Workspace Members determine the purposes for which information is collected, processed, transmitted and retained through the Platform and remain solely responsible for the accuracy, legality, integrity and appropriateness of all User Content, configurations, instructions and operational decisions implemented through their Workspace. Where the Platform permits the selection or connection of third-party services, communication channels, AI model providers or other integrations, the relevant Workspace Member shall be responsible for reviewing the suitability of such services, obtaining all necessary permissions and maintaining compliance with the terms and policies applicable to such services.

The Company does not review, verify, approve or endorse the business activities, decisions, communications, outputs, recommendations, classifications, responses or actions generated through any Workspace. Workspace Members shall independently review and evaluate AI-generated outputs and shall not rely exclusively upon such outputs when making business, operational, legal, financial, employment, healthcare, compliance or other significant decisions.

Nothing contained in these Terms shall be construed as creating any agency, partnership, employment, fiduciary or representative relationship between the Company and any Workspace Members or End User. Each Workspace Member acts independently and remains solely responsible for activities conducted through the relevant Workspace.

The Workspace Member shall be solely responsible for ensuring that its use of the Platform, AI Agents, workflows, automations, communications, outputs and related activities complies with all applicable laws, regulations, regulatory guidance, industry standards and self-regulatory requirements relating to artificial intelligence, automated decision-making systems, consumer protection, advertising, telecommunications, employment, financial services, healthcare, privacy, data protection and other applicable legal frameworks.

 

7. End User Information and Data Processing

The Services may facilitate the collection, transmission, storage, processing and management of information relating to End Users who interact with AI Agents, communication channels, workflows, integrations or other functionalities deployed through a Workspace. Such information may include names, contact details, communication records, appointment information, conversation histories, customer records, support requests, preferences, transactional information and other information provided by or relating to End Users.

The User acknowledges and agrees that, as between the Company and the Workspace Member, the Workspace Members determines the purposes and means for which End User information is collected and processed through the Platform. Accordingly, the Workspace Members shall remain solely responsible for ensuring that it possesses a valid legal basis for collecting, using, processing, sharing and otherwise handling End User information and for providing all notices, disclosures and consents required under applicable data protection, privacy, consumer protection, marketing and telecommunications laws.

The Company processes End User information solely for the purpose of providing, maintaining, securing and supporting the Services and in accordance with the instructions provided through the relevant Workspace. Except as otherwise required by applicable law or expressly provided in these Terms, the Company does not independently determine the purposes for which End User information is processed through the Platform.

The User acknowledges that End User information and conversation content may be processed by AI Agents, workflow engines, communication channels, integrations, automation tools and third-party service providers utilised in connection with the Services. In particular, conversation content and related information may be transmitted to one or more artificial intelligence model providers for the purpose of generating responses, recommendations, classifications, summaries or other outputs requested through the operation of AI Agents.

Where a Workspace elects to connect third-party services, communication channels, customer relationship management systems, payment processors, AI model providers or other integrations, information relating to End Users may be transmitted to, received from or otherwise processed by such third parties in accordance with the configuration of the relevant Workspace. The Workspace Member shall be responsible for ensuring that such processing is authorised and compliant with applicable laws.z

The Company shall implement and maintain reasonable administrative, technical and organisational safeguards designed to protect information processed through the Platform. However, the Company does not guarantee that the Services will be immune from unauthorised access, cybersecurity incidents, transmission failures or other security events beyond the Company’s reasonable control.

The parties may, where required by applicable law, enterprise requirements or specific commercial arrangements, enter into a separate Data Processing Agreement (“DPA”) governing the processing of personal information in connection with the Services. The Company may make its standard DPA available upon request and may require execution of such DPA for certain Services, features, integrations or customer deployments. To the extent of any conflict between these Terms and an executed DPA in relation to the processing of personal information, the terms of the DPA shall prevail with respect to such processing activities.

 

8. Third-Party Integrations

The Platform may support integrations with third-party applications, communication platforms, customer relationship management systems, productivity tools, commerce platforms, payment processors, artificial intelligence model providers, application programming interfaces, cloud services and other external systems and services. Such integrations may include, without limitation, messaging platforms, collaboration tools, customer support systems, calendar services, email services, e-commerce platforms, workflow automation tools, payment processing services, AI model providers and customer-developed integrations. The foregoing examples are illustrative only and do not constitute an exhaustive list of integrations supported by the Platform.

Integrations are established and utilised at the instruction of the relevant Workspace. By connecting an integration, the User authorises the Platform to exchange information with the applicable third-party service in accordance with the configuration established by the Workspace. The Platform may permit synchronisation of contacts, records, messages, appointments, communications, workflow data and other information between the Platform and connected third-party services. The Company shall not be responsible for the accuracy, completeness, availability or integrity of information transmitted to or received from any third-party service.

The Platform may utilise one or more third-party artificial intelligence model providers selected by the Company for the purpose of generating responses, recommendations, classifications, summaries and other outputs. The Company reserves the right to add, remove, replace or modify such providers from time to time. Where supported by the Platform, a Workspace may elect to connect its own artificial intelligence model provider. In such circumstances, the Workspace shall remain solely responsible for compliance with the applicable provider’s terms, conditions and policies and for all fees, charges and liabilities associated with such provider.

Where a Workspace elects to connect and use its own third-party artificial intelligence model provider (“BYOLLM”), the Workspace Member shall be solely responsible for ensuring that any transmission of conversation content, User Content, personal data, End User information, or other data to such provider complies with all applicable laws and regulations, including data protection and privacy laws, and for entering into and maintaining any required data processing agreements or other legal arrangements directly with the provider. All fees, charges, subscription costs, usage fees, taxes, and other amounts associated with the BYOLLM provider shall be borne solely by the Workspace Member. The Workspace Member acknowledges that the BYOLLM provider is a third-party service selected by it and that the Company does not control, operate, maintain, or monitor such provider. Accordingly, the Company shall have no liability for any outputs, responses, recommendations, errors, omissions, inaccuracies, biases, hallucinations, interruptions, data loss, security incidents, or other consequences arising from or relating to the use of the BYOLLM provider. The Workspace Member shall be solely responsible for the security, management, and use of all API keys, credentials, access tokens, and authentication mechanisms used to connect to the BYOLLM provider and shall implement appropriate security measures in relation thereto. The Workspace Member shall indemnify, defend, and hold harmless the Company from and against any claims, losses, damages, liabilities, costs, or expenses arising out of or in connection with its use of the BYOLLM provider.

Where the Platform permits integration with third-party payment processing services, such integrations shall be subject to the Company’s prior review, approval and technical validation requirements. The Company reserves the right to approve, reject, suspend or discontinue any payment processor integration where it reasonably determines that such integration presents legal, regulatory, operational, security or business risks.

The Company may implement technical safeguards in connection with integrations, including authentication controls, credential management measures, encryption mechanisms, request validation procedures and other security controls intended to protect the integrity and security of the Platform. Such measures are implemented for operational and security purposes and shall not be construed as a guarantee regarding the security or performance of any third-party service.

The User acknowledges that third-party services operate independently from the Platform and are governed by their own terms of service, privacy policies, operational practices, security measures and commercial arrangements. The Company does not own, operate, control, endorse or assume responsibility for any third-party service and shall not be liable for any loss, damage, interruption, delay, error, data loss, unauthorised disclosure, pricing change, service modification, suspension, discontinuation or other consequence arising from or relating to the use of any third-party service or integration.

The availability of any integration may depend upon the continued availability of the applicable third-party service, its interfaces, APIs, technical requirements and commercial arrangements. The Company reserves the right to modify, suspend or discontinue support for any integration at any time where required by operational, technical, legal, commercial or security considerations.

 

9. User Obligations and Acceptable Use

The User shall access and use the Platform and Services solely for lawful purposes and in accordance with these Terms and applicable laws:

• The User shall be responsible for ensuring that all activities conducted through its Workspace, including activities undertaken by Workspace Members, AI Agents, integrations and authorised representatives, comply with these Terms.
• The User shall not use and shall not permit any other person to use, the Platform or Services in any manner that is unlawful, fraudulent, deceptive, abusive, harmful or otherwise inconsistent with the intended purpose of the Services. Without limiting the foregoing, the User shall not use the Platform to engage in activities involving fraud, impersonation, identity theft, phishing, deceptive practices, unlawful surveillance, harassment, intimidation, threats, hate speech, defamation, unlawful solicitation, money laundering, unlawful gambling, unauthorised financial activities or any activity prohibited by applicable law.
• The User shall not utilise AI Agents, communication channels, workflows or integrations to distribute unsolicited communications, spam, bulk messages, robocalls, deceptive marketing communications or other communications in violation of applicable marketing, telecommunications, privacy, consumer protection or anti-spam laws. The User shall be solely responsible for obtaining all notices, permissions, authorisations and consents required for communications initiated or facilitated through the Platform.
• The User shall not upload, transmit, store, process or otherwise make available through the Platform any content that infringes or misappropriates the intellectual property rights, privacy rights, publicity rights, contractual rights or other legal rights of any third party. The User shall ensure that all User Content, Knowledge Repositories, training materials, datasets, customer information and other information utilised in connection with the Services are lawfully obtained and used.
• The User shall not use the Platform to develop, train, benchmark, evaluate, replicate, reverse engineer, extract, copy or otherwise attempt to derive the underlying architecture, source code, models, algorithms, prompts, workflows, systems or proprietary technology used by the Company or its service providers. The User shall not attempt to circumvent security mechanisms, access controls, usage restrictions or technical limitations implemented by the Company.
• The User shall not introduce malware, viruses, worms, ransomware, malicious code, harmful scripts or other materials intended to damage, disrupt, compromise or interfere with the operation, security or availability of the Platform, any third-party service, any Workspace or any other user of the Services.
• The User shall not engage in automated scraping, harvesting, data extraction, unauthorised crawling, denial-of-service attacks, credential attacks, prompt injection attacks, model manipulation attempts, security testing, vulnerability scanning or other activities intended to disrupt, exploit or gain unauthorised access to the Platform, third-party services or data belonging to other users.
• The User shall not use AI Agents or automated workflows to intentionally generate misinformation, deceptive content, impersonation-based communications or other content that is likely to mislead, deceive or unlawfully influence individuals. Where required by applicable law, the User shall ensure that appropriate disclosures are provided regarding the use of automated systems or artificial intelligence technologies.

The User shall cooperate with any reasonable investigation conducted by the Company relating to suspected misuse of the Platform, security incidents, legal requests or violations of these Terms. The Company reserves the right to remove content, restrict functionality, suspend access or take any other action it reasonably considers necessary to protect the Platform, other users, third parties or its legal and commercial interests.

Any use of the Platform that, in the Company’s reasonable opinion, threatens the security, integrity, stability, availability or lawful operation of the Services, other Workspaces, third-party services or End Users shall constitute a material violation of these Terms and may result in immediate suspension or termination of access to the Services.

 

10. Intellectual Property Rights

The Platform, Services and all related software, technology, source code, object code, interfaces, user interfaces, workflows, processes, databases, documentation, designs, trademarks, service marks, trade names, logos, visual elements, features, functionalities, inventions, algorithms, models, methodologies and other materials made available by the Company are and shall remain the exclusive property of the Company and its licensors and are protected by applicable intellectual property, proprietary rights and other laws. Except for the limited rights expressly granted under these Terms, nothing contained herein shall be construed as granting to any User any ownership interest, licence or other right in or to the Platform, Services or the Company’s intellectual property. The User receives only a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Services during the applicable subscription term and solely for its internal business purposes in accordance with these Terms.

The User shall retain ownership of User Content in accordance with these Terms. Except for the limited licence granted by the User to the Company for the purpose of operating and providing the Services, no ownership rights in User Content are transferred to the Company.

By uploading, submitting, transmitting or otherwise making User Content available through the Platform, the User hereby grants the Company a non-exclusive, worldwide, royalty-free, sublicensable (to the extent required to utilise service providers and sub processors) licence to host, store, copy, transmit, process, display and otherwise use User Content solely to the extent necessary to (i) provide, operate, maintain, secure and support the Services; (ii) comply with applicable legal obligations; and (iii) enforce these Terms. This licence shall continue for as long as the User Content is retained on the Platform in accordance with the Company’s data retention practices and shall terminate upon the deletion of such User Content from the Platform’s systems in accordance with these Terms. The Company shall not use User Content for any purpose other than those specified in this clause and in the Privacy Policy, and shall not sell, transfer or otherwise disclose User Content to third parties except as necessary to provide the Services or as required by applicable law.

The User shall not copy, reproduce, modify, adapt, translate, distribute, publish, display, transmit, create derivative works from, reverse engineer, decompile, disassemble, attempt to discover the source code of, or otherwise exploit any portion of the Platform or Services except to the extent expressly permitted by applicable law.

Any suggestions, enhancement requests, recommendations, feedback, ideas, comments or other input voluntarily provided by a User regarding the Platform or Services may be used by the Company without restriction and without any obligation of compensation, attribution or acknowledgement to the User. The Company reserves all rights not expressly granted under these Terms and no implied licences shall be created by implication, estoppel or otherwise.

 

11. Artificial Intelligence Disclaimers

The User acknowledges and agrees that the Services utilise artificial intelligence, machine learning technologies, large language models, automation systems and other computational methods to generate responses, recommendations, classifications, summaries, analyses, workflow actions and other outputs. Such technologies are inherently probabilistic in nature and may produce outputs that are inaccurate, incomplete, inconsistent, misleading, biased, outdated or otherwise unsuitable for a particular purpose. The Company does not represent, warrant or guarantee the accuracy, reliability, completeness, legality, quality, timeliness, suitability or correctness of any output, response, recommendation, classification, prediction, workflow action or other content generated through AI Agents or other artificial intelligence functionalities made available through the Platform.

AI generated outputs may be influenced by User Content, prompts, instructions, Knowledge Repositories, integrations, third-party data sources, model behaviour, statistical probabilities and other factors beyond the Company’s control. Accordingly, the User shall independently review, validate and assess all outputs generated through the Platform before relying upon or acting on such outputs. The Services are intended to assist and support business operations and decision-making processes and are not a substitute for human judgment, professional expertise or independent verification. The Platform does not provide legal, financial, accounting, tax, investment, insurance, healthcare, medical, employment, regulatory or other professional advice, and no output generated through the Platform shall be construed as such advice.

The Company does not guarantee that AI Agents will operate without interruption, error, hallucination, misclassification, misunderstanding, inappropriate responses or unexpected outcomes. The Company further does not guarantee that AI-generated outputs will satisfy the User’s expectations, achieve any particular business objective, generate any specific commercial outcome or be suitable for any specific use case.

The User acknowledges that AI technologies, model providers, regulatory requirements, industry standards and best practices relating to artificial intelligence continue to evolve. The Company may modify, replace, update, restrict or discontinue artificial intelligence functionalities, model providers, features or capabilities from time to time in response to technological, legal, regulatory, operational or commercial considerations.

To the fullest extent permitted by applicable law, all artificial intelligence functionalities, outputs and related services are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability or performance.

 

12. Suspension and Termination

The Company reserves the right to suspend or deactivate a User’s Account upon the occurrence of any of the following (a) User fails to pay subscription fees, renewal charges, or required top-ups in a timely manner, (b) User violates any of these Terms, including but not limited to the posting or transmission of illegal content, spam or abusive conduct, fraudulent activity, or security violations, (c) User engages in any activity that endangers the security, integrity, or proper functioning of the Platform, or that poses a risk of harm to other tenants or third parties, (d) Suspension or deactivation is necessary to comply with applicable law, regulation, or a valid request from a competent authority, (e) the Company in its reasonable discretion, identifies activity that is suspicious, harmful, or otherwise in violation of its policies.

When an Account is suspended for non-payment, User data shall be retained for a period of three (3) months from the date of suspension, during which time access to agents and other platform features will remain suspended. If payment is not regularized within this period, the Company reserves the right to delete the retained data without further notice.

Except as provided below, the Company shall provide prior notice to the User in cases of non-payment and other curable breaches, allowing a reasonable opportunity to remedy the same before suspension or deactivation takes effect.

Notwithstanding the foregoing, the Company reserves the right, at its sole discretion, to suspend or deactivate an Account immediately and without prior notice where it identifies fraud, security threats, illegal activity, conduct that risks harm to the Platform or any third party, or where such action is required by law.

 

13. Indemnity

User agrees to indemnify, defend, and hold harmless the Company, its affiliates, group companies, subsidiaries, licensors, service providers, and each of their respective directors, officers, employees, agents, representatives, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, investigations, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or relating to:

• Any data, content, materials, contact information, knowledge base content, communications, prompts, instructions, or other information uploaded, submitted, transmitted, stored, processed, or made available by User or on User’s behalf through the Platform;
• User’s use of the platform, including the configuration, deployment, operation, training, customization, or management of AI agents, workflows, integrations, automations, communications, or other services made available through the platform;
• User’s violation of these Terms, applicable laws or the rights of any third party;
• Any unauthorized, unlawful, inaccurate, misleading, or improper collection, use, processing, disclosure, transfer, storage, or sharing of personal data, customer information, or other data by User, workspace members, agents, contractors, or representatives;
• Any claim that the data, content, materials, instructions, or information provided by you infringes, misappropriates, or otherwise violates any intellectual property rights, privacy rights, publicity rights, confidentiality obligations, or other rights of any third party;
• User’s use of, connection to, or reliance upon any third-party service, integration, payment processor, communication channel, CRM, messaging platform, LLM provider, or external system connected to the Platform at User’s direction;
• Any communications, actions, transactions, decisions, recommendations, outputs, or responses generated, initiated, transmitted, or facilitated by AI agents, workflows, or automations configured by User or on User’s behalf; and
• Any use of your account, workspace, credentials, API keys, access tokens, or integrations by any third party, whether authorized by User or resulting from User’s failure to maintain appropriate security safeguards.
• The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by User. In such event, User agree to cooperate fully with the Company in the defence of such matter. User shall not settle any claim subject to this indemnity without the Company’s prior written consent where such settlement imposes any obligation, admission of liability, or restriction on any Indemnified Party.

The obligations under this Section shall survive suspension, termination, expiration, or discontinuation of your account, subscription, workspace, or use of the Platform.

 

14. Limitation of Liability

The Company, its affiliates, subsidiaries, licensors, service providers, and each of their respective directors, officers, employees, agents, representatives, contractors, partners, and suppliers shall not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for any loss of profits, revenue, goodwill, business opportunities, anticipated savings, data, use, customers, contracts, or other tangible or intangible losses arising out of or in connection with:

 

• User’s access to, use, inability to use, or reliance upon the Platform or any Services;
• Any AI-generated content, recommendations, responses, outputs, classifications, decisions, automations, workflows, actions, or communications generated through the Platform;
• Any inaccuracies, omissions, errors, interruptions, delays, service outages, loss of data, corruption of data, security incidents, or unauthorised access to or use of User’s account, workspace, systems, or data;
• Any content, data, contacts, knowledge base materials, instructions, prompts, or other information uploaded, submitted, stored, processed, or transmitted by User or on his behalf through the Platform;
• Any act or omission of third-party service providers, including messaging platforms, CRM providers, payment processors, telecommunications providers, cloud hosting providers, social media platforms, calendar providers, email providers, AI/LLM providers, or other integrations connected to the Platform;
• Any suspension, deactivation, restriction, discontinuation, modification, or unavailability of the Platform or any feature, integration, or third-party service; or
• Any reliance placed by you on information, content, advertisements, products, services, websites, resources, or materials provided by third parties or accessible through integrations with the Platform.

 

The Company provides a technology platform that enables customers to configure and deploy AI-powered agents and automations. User acknowledges and agrees that AI-generated outputs may be inaccurate, incomplete, biased, unsuitable, or unavailable and should not be relied upon as professional, legal, financial, medical, or other regulated advice. User is solely responsible for reviewing, validating, and determining the appropriateness of any output generated through the Platform before relying on or acting upon it. To the fullest extent permitted by applicable law, in no event shall the Company, its affiliates, licensors, service providers, or their respective directors, officers, employees, agents, representatives or contractors be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business opportunities, anticipated savings, goodwill, reputation, contracts, customers, data, use, production, or business interruption, arising out of or in connection with the Platform, the Services, these Terms, or the use of or inability to use the Platform or Services, regardless of the cause of action and even if advised of the possibility of such damages. Notwithstanding any other provision of these Terms, and to the fullest extent permitted by applicable law, the Company’s total aggregate liability to the User arising out of or in connection with these Terms, the Platform or the Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total subscription fees actually paid by the User to the Company in the 12 (twelve) calendar months immediately preceding the event giving rise to the claim. Where no fees have been paid or the relevant period is less than twelve months, the aggregate cap shall be the amount actually paid by the User to the Company during the period in which the Services were used. This aggregate cap applies to all claims in aggregate and not to each individual claim separately. Nothing in this clause shall limit the User’s obligation to pay fees or charges due and owing to the Company under these Terms.

 

15. Confidentiality

Each party agrees to maintain the confidentiality of all non-public, proprietary, technical, commercial, business, financial, and personal information disclosed or made available by the other party in connection with the Platform, including without limitation customer data, contact records, conversation content, knowledge base materials, AI agent configurations, workflows, integration credentials, API keys, software, documentation, pricing information, security-related information, and other information that by its nature should reasonably be considered confidential. Each party shall use such Confidential Information solely for the purposes of accessing, providing, operating, supporting, or receiving the Services and shall not disclose such information to any third party except to its employees, affiliates, contractors, professional advisers, or service providers who have a legitimate need to know and are bound by confidentiality obligations. The obligations under this clause shall not apply to information that is publicly available through no fault of the receiving party, was lawfully known to the receiving party prior to disclosure, is lawfully obtained from a third party without restriction, or is independently developed without reference to the Confidential Information. A party may disclose Confidential Information where required by applicable law, regulation, court order, or governmental authority. Upon termination of the Services, each party shall return or securely destroy the Confidential Information of the other party, except where retention is required for legal, regulatory, compliance, backup, archival, or dispute-resolution purposes. The obligations under this clause shall survive the termination or expiry of these Terms.

 

16. Force Majeure

The Company shall not be liable for any failure or delay in the performance of its obligations or for any interruption in the availability of its Services due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, governmental actions, labour disputes, power failures, internet or communication outages, or the failure of third-party service providers. In such cases, the Company shall make reasonable efforts to resume services as soon as practicable. If the force majeure event continues for more than 30 (thirty) consecutive days, either party may terminate the affected services without penalty.

 

17. Alteration or Amendment to the Terms:

The Company may modify, update, or amend these Terms from time to time to reflect changes in applicable laws, regulatory requirements, industry practices, the Platform, Services, pricing, features, integrations, security requirements, or business operations. Any material changes to these Terms will be communicated through the Platform, by email, or through other reasonable means of notice. Unless otherwise stated, amendments shall become effective upon the date specified in the notice. Continued access to or use of the Platform after the effective date of the amended Terms shall constitute acceptance of such amendments. If a User does not agree to the amended Terms, the User must discontinue use of the Platform and may terminate its subscription in accordance with these Terms.

 

18. Miscellaneous

• Waiver

No party shall be deemed, by mere lapse of time (without giving notice or taking other action hereunder), to have waived any breach by the other party of any of the provisions of this Agreement. Further, the waiver by any party of a particular breach of these Terms by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of these Terms. If the User breaches these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where User breaches these conditions.

If any of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

User shall not license, sell, transfer or assign your rights, obligations or covenants under these Terms, or your User Account, in any manner, without the Company’s prior written consent. The Company may grant or withhold this consent at our sole discretion, and subject to any conditions we deem appropriate. The Company may assign our rights to any of our affiliated, subsidiaries, or parent companies, any successor in interest of any business associated with Services, or any third party, without any prior notice to User.

• Third Party Rights.

These Terms are intended for the benefit of the parties hereto and their respective successors and assigns and is not intended to confer upon any other person any rights or remedies hereunder.

• Relationship between the parties.

Nothing in these Terms, is intended to, or shall be deemed to create a relationship of partnership, agency, joint venture, joint enterprise, or fiduciary relationship between the parties, and neither party shall have the authority to contract for, or enter into commitments, for, or on behalf of the other Party.

• Entire Agreement.

These Terms, together with the Privacy Policy and any subscription agreement, order form or other commercial arrangement executed between the Company and the User, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous negotiations, representations, warranties, understandings, proposals, communications and agreements, whether written or oral, relating to such subject matter. Each party acknowledges that it has not entered into these Terms in reliance upon any warranty, representation or undertaking of the other party that is not expressly set out in these Terms. Nothing in this clause shall limit or exclude any liability for fraud or fraudulent misrepresentation.

• Grievance Redressal.

User may contact our designated Grievance Redressal Team/Officer with any complaints or queries relating to the Services, or these Terms, through registered post or through email, details of which are provided below:

Name: Nachiket

Designation: CEO

Email Address: pm@zinq.ai

Address: logicwind, piplod, surat

We shall ensure that your complaints are resolved within timelines prescribed by applicable laws.

• Jurisdiction

The rights and obligations of the Parties under these Terms shall be governed by and be subject to Indian Law, and the Terms shall be subject to the exclusive jurisdiction of the courts at Surat, Gujarat.

All notices, requests, demands and communications for us under these Terms (except routine operational communication) shall be sent to <<<>>>.

Kindly confirm the entity’s name.

Kindly confirm the terms related to refund.

Please confirm this is the timeline Zinq is operationally able to commit to.