1. INTRODUCTION

Welcome to ScaleWaveAI Private Limited ("ScaleWaveAI", "Company", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our artificial intelligence services, including our website, APIs, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Services.

2. ACCEPTANCE OF TERMS

2.1 Agreement to Terms

By creating an account, accessing our website, using our APIs, or purchasing credits, you expressly agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. Your continued use of the Services constitutes ongoing acceptance of any modifications to these Terms.

2.2 Binding Agreement

These Terms constitute a legally binding agreement between you (either an individual or entity) and ScaleWaveAI Private Limited. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. ELIGIBILITY AND AGE REQUIREMENTS

3.1 Capacity to Contract

You represent that you have the legal capacity to enter into a binding contract and are not prohibited from accessing the Services under the laws of India or any other applicable jurisdiction.

4. ACCOUNT REGISTRATION AND SECURITY

4.1 Account Creation

To access our Services, you must create an account by providing:

• A valid email address
• Organization name and details
• Accurate and complete registration information

4.2 Account Security Responsibilities

4.3 Account Information Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy. Providing false or misleading information may result in account termination.

5. COMPANY INFORMATION

6. DESCRIPTION OF SERVICES

6.1 Current Services (Available)

• Public Deployment: Production-ready AI APIs for computer vision tasks including object detection, image classification, depth estimation, image segmentation, zero-shot classification, and zero-shot object detection
• API Access: RESTful APIs with clear usage instructions in the dashboard
• 15+ AI Models: Access to state-of-the-art computer vision models

6.2 Future Services (Coming Soon - Beta/Experimental)

• Private Deployment: Dedicated infrastructure with guaranteed performance and defined throughput (RPM)
• AI Training Studio: Platform for training and deploying custom AI models
• Large Language Models (LLMs): Advanced text generation with Agents, MCP, and RAG systems
• Vision-Language Models (VLMs): Multimodal AI with visual understanding

6.3 Service Availability

While we strive for high availability, we do not guarantee uninterrupted access to the Services. We reserve the right to:

• Perform scheduled maintenance (with advance notice where possible)
• Modify, suspend, or discontinue any aspect of the Services
• Implement rate limits and usage restrictions

7. PAYMENT TERMS AND CREDIT SYSTEM

7.1 Credit System Details

• Minimum Purchase: $5 USD
• Credit Expiration: Credits do not expire while your account remains active. Upon account closure or termination, all unused credits are forfeited without refund.
• Payment Methods: Credit card, debit card via Razorpay payment gateway
• Usage Model: Pay-as-you-go basis with no recurring subscription fees
• Non-Transferable: Credits cannot be transferred between accounts or redeemed for cash

7.2 Pricing and Fees

Service pricing is displayed on our website and may vary by:

• Model type and complexity
• Input data size and resolution
• Processing time and computational resources
• Volume discounts

We reserve the right to modify pricing with 30 days' advance notice. Price changes do not affect credits already purchased.

7.3 Taxes and GST

• GST Applicable: 18% GST is applicable on all transactions for Indian customers
• International Taxes: International customers are responsible for applicable local taxes
• Tax Invoices: GST-compliant invoices available for download in your account dashboard
• GSTIN: 08ABQCS9708K1ZG

7.4 Payment Processing and Authorization

All payments are processed securely through Razorpay, our payment gateway partner. By making a purchase, you agree to Razorpay's terms and conditions and privacy policy.

7.4.1 Payment Security

• Secure Processing: We do not store your complete card details. All payment information is securely handled by Razorpay in compliance with PCI-DSS standards
• Verification: You represent that you are authorized to use the payment method provided and that all payment information is accurate and current
• Notification: You will receive email confirmation for every successful transaction, including transaction ID, amount charged, and invoice details

7.4.2 Failed Payments and Errors

7.4.2.1 No Credits for Failed Payments

Credits are only added to your account after we receive successful payment confirmation from the payment gateway. If a payment fails, is declined, or remains pending:

• No credits will be added to your account
• You will not be charged for the failed transaction (unless funds were actually debited)
• You may retry the transaction after resolving the underlying issue
• We do not provide compensation for lost opportunities or inability to use Services due to payment failures

7.4.2.2 Payment Status and Verification

• Pending Payments: If a payment shows as pending for more than 24 hours, contact your bank and our support team. We will not add credits until payment is confirmed
• Retry Options: You may retry failed transactions with the same or different payment method. Each retry is treated as a new transaction
• Payment Confirmation: Always verify you received an email confirmation and invoice before assuming payment was successful

7.4.2.3 Duplicate Charges and Errors

In the rare event of technical errors resulting in duplicate charges or incorrect amounts:

• Immediate Notification: Contact us immediately at support@scalewaveai.com with transaction details, payment confirmation emails, and bank statements
• Investigation: We will investigate genuine duplicate charge claims within 5-7 business days
• Resolution: For verified duplicate charges caused by our system errors, we will either:
  • Add equivalent credits to your account, OR
  • Process a refund through the original payment method (at our discretion)
• Time Limit: Duplicate charge claims must be submitted within 15 days of the transaction date

7.4.3 Chargebacks and Payment Disputes

7.5 Free Trials and Promotional Credits

We may offer promotional credits or free trials at our discretion. These are subject to:

• Specific terms communicated at the time of the offer
• Expiration dates if specified
• Usage restrictions and limitations
• One-time use per customer (abuse of promotional offers may result in account termination)

8. API USAGE AND RESTRICTIONS

8.1 Rate Limits and Quotas

• Public Deployment: 200 requests per minute (RPM) per account
• Private Deployment: Custom rate limits configurable via dashboard
• Enforcement: Exceeding rate limits may result in HTTP 429 errors and temporary throttling
• Abuse: Systematic abuse of rate limits may result in account suspension

8.2 API Key Management and Security

8.3 Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are solely responsible for the content you process through our Services.

8.4 Prohibited Uses

You may NOT use our Services for:

• Illegal Activities: Any purpose that violates laws in India or your jurisdiction
• Harmful Content: Harassment, hate speech, discrimination, violence, or threats
• Intellectual Property Violations: Processing content without proper rights or licenses
• Deceptive Practices: Creating deepfakes, misleading content, or impersonations without disclosure
• Unauthorized Surveillance: Activities that violate privacy laws or individual rights
• Adult Content: Sexually explicit, pornographic, or inappropriate content
• Weapons/Military: Development of weapons, military applications, or dual-use technologies without authorization
• Malicious Use: Hacking, malware distribution, denial-of-service attacks, or security breaches
• Minor Safety: Any use involving or targeting minors without proper parental consent and safeguards
• Competitive Analysis: Reverse engineering, benchmarking against, or building competing services
• Automated Abuse: Scraping, excessive automated requests, or attempts to circumvent rate limits

8.5 Content Responsibility and Attribution

• Your Responsibility: You retain full responsibility for your input data and how you use AI outputs
• Attribution: When publicly displaying AI-generated results, you should consider disclosing that content was AI-generated, especially for content creation and social media use cases
• Third-Party Rights: Ensure you have necessary rights to input data before processing
• Output Review: Review and verify AI outputs before use in critical applications

8.6 Service Monitoring

We reserve the right to monitor API usage for compliance with these Terms, security purposes, and service improvement. We may suspend or terminate accounts that violate our Acceptable Use Policy.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Service Ownership

ScaleWaveAI and its licensors retain all rights, title, and interest in:

• The Services, platform, website, and infrastructure
• All AI models, algorithms, and machine learning systems
• Our software, code, APIs, and technical documentation
• Trademarks, logos, brand names, and trade dress
• Aggregated and anonymized usage data

9.2 Limited License to Use Services

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. This license does not include any right to:

• Resell, redistribute, or sublicense access to the Services without explicit written permission
• Reverse engineer, decompile, or extract source code from our models or Services
• Remove, alter, or obscure any proprietary notices
• Use our intellectual property to build competing products or services
• Frame or mirror any part of the Services without prior written authorization

9.3 License Grant by User

By uploading or submitting content to our Services, you grant ScaleWaveAI a limited, worldwide license to:

• Process Your Data: Use your input data solely to provide the requested Services
• Temporary Storage: Temporarily store data as necessary for processing (deleted immediately after)
• Aggregated Analytics: Use anonymized, aggregated data for service improvement and analytics (without identifying individual users or exposing user content)

We do NOT use your content data to train our AI models or for any purpose other than providing Services to you.

9.4 Copyright Infringement Claims (DMCA)

If you believe content processed through our Services infringes your copyright, contact us at support@scalewaveai.com with:

• Description of the copyrighted work
• Evidence of ownership or authorization
• Your contact information
• Good faith statement that use is not authorized

10. DATA PROCESSING AND PRIVACY

For complete details on how we collect, use, and protect your data, please refer to our Privacy Policy, which is incorporated into these Terms by reference.

11. USER INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ScaleWaveAI Private Limited, its affiliates, and their respective directors, officers, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, costs, expenses, and fees (including all legal fees, court costs, expert witness fees, investigation costs, settlement amounts, and other related expenses) arising from:

• Your use or misuse of the Services
• Your content or outputs that violate third-party rights or laws
• Your violation of these Terms or our policies
• Claims by third parties arising from your use of our Services or AI outputs
• Your violation of applicable laws or regulations
• Unauthorized use of your API keys due to inadequate security
• False or misleading information you provide
• Frivolous chargebacks or payment disputes

Defense Process: You will assume defense of any claims at your expense, retain qualified legal counsel (subject to our approval), keep us informed, and obtain our written consent before any settlement. We reserve the right to participate in or assume control of the defense at any time, at your expense.

Notification: Immediately notify us at support@scalewaveai.com if you become aware of any potential claims. Provide complete details and do not admit liability without consulting us.

Scope: This obligation covers all costs without limitation, applies to each claim separately, survives termination of these Terms, and is in addition to any other rights we may have.

12. DISCLAIMERS AND WARRANTIES

12.1 AI Model Disclaimers

12.2 Service Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• No Warranty of Merchantability: We do not warrant that Services meet your requirements
• No Warranty of Fitness: We do not warrant that Services are fit for any particular purpose
• No Warranty of Availability: We do not guarantee uninterrupted, timely, secure, or error-free operation
• No Warranty of Accuracy: We do not warrant the accuracy, completeness, or reliability of results
• No Warranty of Security: While we implement security measures, we cannot guarantee absolute security

12.3 Third-Party Content and Services

The Services may contain links to third-party websites, services, or content. We are not responsible for and do not endorse any third-party content, and your use of third-party services is at your own risk.

12.4 User Responsibility

YOU ACKNOWLEDGE THAT:

• You use the Services entirely at your own risk
• You are solely responsible for verifying AI outputs before use
• You must implement appropriate safeguards for your use cases
• Human oversight is required for critical applications

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCALEWAVEAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

14. ACCOUNT TERMINATION AND SUSPENSION

14.1 Termination by User

You may terminate your account at any time by:

• Contacting us at support@scalewaveai.com with a termination request
• Upon termination, all unused credits are immediately forfeited without refund
• Your account data will be deleted within 30 days of termination as per our Privacy Policy
• You remain liable for all charges incurred before termination

14.2 Termination by Company

14.3 Effects of Termination

Upon termination or suspension of your account:

• Immediate API Access Revocation: All API keys are deactivated immediately
• Credit Forfeiture: All unused credits are forfeited without refund (no exceptions)
• Data Deletion: Account data deleted within 30 days (except as legally required to retain)
• Financial Records Retention: Billing, payment, and tax records retained for 6 years for compliance with Indian tax laws and GST regulations
• Surviving Provisions: Sections on Intellectual Property, Indemnification, Limitation of Liability, and Dispute Resolution survive termination

14.4 No Refunds on Termination

Regardless of the reason for termination (whether by you or by us), all sales are final. No refunds will be provided for unused credits, subscription fees, or any other payments made to ScaleWaveAI.

15. FORCE MAJEURE

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, pandemics, epidemics, or public health emergencies
• War, terrorism, civil unrest, riots, or government actions
• Power outages, telecommunications failures, or internet disruptions
• Cyberattacks, DDoS attacks, hacking, or security breaches
• Labor disputes, strikes, or lockouts
• Failures of third-party service providers (AWS, payment gateways, etc.)
• Government regulations, sanctions, or legal restrictions
• Any other circumstances beyond our reasonable control

During force majeure events, our obligations are suspended for the duration of the event. We will make reasonable efforts to notify you and resume Services as soon as practicable. If the event continues for more than 30 consecutive days, either party may terminate the agreement without liability (except you remain liable for charges incurred before the event, and no refunds will be provided).

16. DISPUTE RESOLUTION AND GOVERNING LAW

16.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at support@scalewaveai.com. We will work in good faith to resolve the matter within 30 days.

16.2 Governing Law

These Terms are governed by and construed in accordance with the laws of India, including but not limited to:

• The Indian Contract Act, 1872
• The Information Technology Act, 2000 and rules thereunder
• The Digital Personal Data Protection Act, 2023
• The Consumer Protection Act, 2019 and E-Commerce Rules, 2020
• The Companies Act, 2013
• Applicable GST and tax regulations

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

16.3 Jurisdiction and Venue

Any disputes, claims, or legal proceedings arising from or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in Jaipur, Rajasthan, India. You hereby consent to personal jurisdiction and venue in these courts and waive any objection to jurisdiction or venue in these courts.

16.4 Arbitration (Optional - For Amounts Exceeding ₹10,00,000)

16.5 Class Action Waiver

To the maximum extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive the right to participate in a class action lawsuit or class-wide arbitration.

16.6 Time Limitation for Claims

Any claim or cause of action arising from or relating to these Terms or the Services must be filed within one (1) year after the claim or cause of action arose, or such claim shall be permanently barred. This limitation period applies regardless of any statute or law to the contrary.

17. AMENDMENTS AND MODIFICATIONS

17.1 Right to Modify

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Material changes will be communicated through:

• Email Notification: Sent to your registered email address at least 30 days before changes take effect (for material changes)
• Website Notice: Prominent banner or notification on our website and dashboard
• "Last Updated" Date: Updated at the top of this page

17.2 Acceptance of Changes

17.3 Minor Changes

For minor, non-material changes (such as clarifications, formatting updates, or contact information changes), we may update these Terms without prior notice. Such changes will be effective immediately upon posting.

18. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent. If such modification is not possible, the invalid provision shall be severed from these Terms.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

19. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any additional terms, policies, or guidelines referenced herein or presented to you in connection with specific Services (collectively, the "Agreement"), constitute the entire agreement between you and ScaleWaveAI Private Limited regarding your use of the Services.

This Agreement supersedes and replaces all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Services. No course of dealing, course of performance, or trade practice shall modify these Terms.

20. ASSIGNMENT

20.1 Assignment by Company

We may assign, transfer, or delegate our rights and obligations under these Terms to any third party (including in connection with a merger, acquisition, sale of assets, or by operation of law) without your consent or prior notice. Any such assignment shall be binding upon you.

20.2 Assignment by User

You may NOT assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent is void. Your account, API keys, and credits are personal to you and cannot be transferred to another person or entity.

21. WAIVER

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Any waiver must be in writing and signed by an authorized representative of ScaleWaveAI to be effective. No single or partial exercise of any right or remedy shall preclude further exercise of that or any other right or remedy.

22. NOTICES AND COMMUNICATIONS

22.1 Notices to You

We may provide notices to you by:

• Email: To the email address associated with your account (deemed delivered when sent)
• Dashboard Notification: Posted in your account dashboard
• Website Notice: General posting on our website
• In-App Messages: Notifications within our Services

You are responsible for keeping your email address current and checking for notices. Email notices are deemed delivered 24 hours after sending, whether or not you actually read them.

22.2 Notices to Us

For legal notices, formal communications, or official correspondence, you must contact us in writing at:

Notices to us are deemed delivered when actually received by us.

23. ELECTRONIC SIGNATURES AND ACCEPTANCE

By using our Services, creating an account, clicking "I Agree," "Sign Up," "Accept," or similar buttons, or by making a purchase, you acknowledge and agree that:

• Electronic Acceptance: Your electronic acceptance constitutes your legally binding signature and agreement to these Terms, equivalent to a handwritten signature
• Information Technology Act, 2000: This electronic agreement is valid and enforceable under the Information Technology Act, 2000 and related rules
• Electronic Records: You consent to receive agreements, disclosures, notices, and other communications electronically
• Authority to Bind: You represent that you have the legal authority to enter into this Agreement and bind yourself (or your organization) to these Terms
• Record Keeping: You agree to maintain electronic or paper copies of all communications and agreements for your records

24. SURVIVAL

The following provisions shall survive termination or expiration of these Terms:

• Payment Terms (amounts owed)
• Intellectual Property Rights
• User Indemnification
• Disclaimers and Warranties
• Limitation of Liability
• Dispute Resolution and Governing Law
• Data retention provisions for compliance purposes
• Any other provision that by its nature should survive

25. GRIEVANCE REDRESSAL

26. CONTACT INFORMATION

For questions about these Terms: