Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and FactoFlare India Private Limited ("FactoFlare," "we," "us," or "our") regarding your use of our website, AI-powered products, and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

2. Eligibility

You may use our Services only if:

• You are at least 18 years old and have the legal capacity to enter into agreements
• You are authorized to act on behalf of your organization (if applicable)
• Your use of the Services does not violate any applicable laws or regulations
• You have not been previously suspended or banned from using our Services
• You provide accurate and complete information during registration

3. Description of Services

FactoFlare provides AI-powered business solutions, including but not limited to:

3.1 AI Agentic Products

• Xyranik AI Agentic Platform: Revolutionary platform for deploying autonomous AI agents
• FlareInsight: Advanced AI analytics platform for intelligent decision-making
• FlowMaster AI: Intelligent workflow automation and process optimization
• Custom AI Agent solutions and consulting services
• Integration and implementation support for AI Agentic systems

3.2 Additional Services

• Professional services and consulting
• Training and educational programs
• Technical support and maintenance
• API access and developer tools
• Documentation and resources

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with appropriate notice to users.

4. User Accounts

4.1 Account Registration

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

• Accurate, current, and complete information
• Valid email address and contact information
• Secure password and authentication credentials
• Organizational details (for business accounts)

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Updating your account information as needed
• Complying with our security policies and procedures

4.3 Account Termination

You may terminate your account at any time. We may suspend or terminate your account for violations of these Terms, non-payment, or other legitimate business reasons, with appropriate notice where required by law.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use our Services for legitimate business purposes, including:

• Data analysis and business intelligence
• Process automation and optimization
• Decision support and recommendations
• Integration with your existing systems
• Training and development purposes

5.2 Prohibited Uses

You agree not to use our Services to:

• Violate any applicable laws, regulations, or third-party rights
• Engage in fraudulent, deceptive, or misleading activities
• Transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Reverse engineer, modify, or create derivative works
• Use our Services to compete with or harm our business
• Violate intellectual property rights
• Harass, threaten, or harm others
• Distribute spam or unsolicited communications
• Circumvent security measures or usage limitations

5.3 Content Standards

Any content you input into our Services must:

• Comply with applicable laws and regulations
• Respect intellectual property rights
• Not contain harmful, offensive, or inappropriate material
• Be accurate and not misleading
• Respect privacy and confidentiality requirements

6. Data and Privacy

6.1 Your Data

You retain ownership of the data you input into our Services ("Customer Data"). You grant us a limited license to process Customer Data solely to provide the Services and in accordance with our Privacy Policy.

6.2 Data Security

We implement appropriate security measures to protect your data, including:

• Encryption of data in transit and at rest
• Access controls and authentication mechanisms
• Regular security monitoring and assessments
• Incident response procedures
• Compliance with applicable data protection laws

6.3 Data Processing

We may process Customer Data to provide AI insights, analytics, and recommendations. We may also use aggregated, anonymized data for service improvement and research purposes.

6.4 Data Location

Your data may be processed and stored in India or other locations where we operate, in compliance with applicable data protection laws and regulations.

7. Payment Terms

7.1 Fees and Billing

• Fees are based on your selected subscription plan or agreement
• All fees are quoted in Indian Rupees (INR) unless otherwise specified
• Fees are payable in advance and are non-refundable except as required by law
• We may change fees with 30 days' notice for new billing periods
• Taxes are your responsibility unless we are required to collect them

7.2 Payment Methods

We accept payment via:

• Bank transfers and wire transfers
• Credit and debit cards
• Digital payment platforms
• Other methods as agreed upon

7.3 Late Payments

Late payments may result in service suspension, interest charges, and collection costs. We reserve the right to terminate Services for non-payment after appropriate notice.

7.4 Refunds

Refunds are generally not provided except as required by law or in cases of service failures that we cannot remedy within a reasonable time.

8. Intellectual Property Rights

8.1 Our Rights

FactoFlare owns all rights, title, and interest in:

• The Services, including software, algorithms, and AI models
• Our trademarks, logos, and brand materials
• Documentation, content, and resources we provide
• Improvements and modifications to our Services
• Aggregated, anonymized data and insights

8.2 Your Rights

You retain ownership of your Customer Data and any intellectual property you bring to the Services. You grant us a license to use such materials solely to provide the Services.

8.3 License to Use Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use our Services for your internal business purposes during the term of your agreement.

8.4 Feedback

Any feedback, suggestions, or ideas you provide to us may be used freely by FactoFlare without obligation or compensation to you.

9. Service Level and Support

9.1 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. Planned maintenance will be scheduled during off-peak hours when possible.

9.2 Support Services

We provide support through:

• Online documentation and resources
• Email support during business hours
• Phone support for enterprise customers
• Premium support packages (additional fees may apply)

9.3 Service Updates

We regularly update our Services to add features, improve performance, and address security issues. Some updates may require temporary service interruptions.

10. Disclaimers

10.1 AI Limitations

Our AI Services are provided "as is" and may have limitations, including:

• Results may not always be accurate or complete
• AI recommendations should be reviewed by qualified professionals
• Models may reflect biases present in training data
• Performance may vary based on data quality and context
• Results should not be the sole basis for critical decisions

10.2 No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.3 Third-Party Services

We may integrate with third-party services, but we are not responsible for their availability, performance, or content. Your use of third-party services is subject to their terms and conditions.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
• WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE SHALL NOT BE LIABLE FOR LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION
• OUR LIABILITY FOR DATA BREACHES IS LIMITED TO NOTIFICATION AND REASONABLE REMEDIATION EFFORTS

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so these limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless FactoFlare and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses arising from:

• Your use of the Services in violation of these Terms
• Your Customer Data or content
• Your violation of applicable laws or third-party rights
• Your negligence or willful misconduct
• Any claims by your employees or agents

13. Term and Termination

13.1 Term

These Terms begin when you first access our Services and continue until terminated by either party in accordance with these Terms.

13.2 Termination by You

You may terminate your account and these Terms at any time by providing written notice and ceasing use of the Services.

13.3 Termination by Us

We may terminate these Terms:

• For material breach after 30 days' notice and opportunity to cure
• For non-payment after appropriate notice
• Immediately for violations that pose security or legal risks
• Upon 30 days' notice for business reasons

13.4 Effect of Termination

Upon termination, your access to the Services will cease, and we will delete your Customer Data according to our data retention policies, unless required to retain it by law.

14. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including natural disasters, government actions, war, terrorism, pandemics, or network failures.

15. Export Controls

Our Services may be subject to export controls and trade sanctions. You agree to comply with all applicable export laws and regulations and not to export, re-export, or transfer our technology to prohibited countries or individuals.

16. General Provisions

16.1 Governing Law

These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka, India.

16.2 Entire Agreement

These Terms, together with our Privacy Policy and any applicable order forms or agreements, constitute the entire agreement between us regarding the Services.

16.3 Amendments

We may modify these Terms with 30 days' notice. Continued use of the Services after the effective date constitutes acceptance of the modified Terms.

16.4 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16.5 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16.6 Notices

Legal notices should be sent to support@factoflare.com. We may provide notices through the Services, email, or other reasonable means.

17. Contact Information

For questions about these Terms, please contact us: