Terms of Use

WELCOME TO SUNVAI!

IMPORTANT: CAREFULLY READ ALL THE TERMS AND CONDITIONS (THIS “AGREEMENT”) WHICH GOVERN THE USE OF SunvAI’s SERVICES (“SunvAI”) MADE AVAILABLE THROUGH SUNVAI’S PROPRIETARY ONLINE SOFTWARE PORTALS www.consumer.sunvai.in, www.sunvai.in and apisunvai.in (THE “PORTAL/S”) AND BY VISITING THE PORTAL OR SIGNING UP TO THE PORTAL OR CLICKING ON THE “I AGREE,” BUTTON , YOU (“YOU” OR “YOUR”) ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THIS AGREEMENT ALONG WITH THE PRIVACY POLICY WITH SunvAI (“SunvAI,” “WE,” “US,” OR “OUR”), AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. 

 

IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SunvAI SERVICES. THE EFFECTIVE DATE OF THIS AGREEMENT SHALL BE THE DATE THAT YOU ACCEPT THIS AGREEMENT IN THE MANNER.

 

The parties to this Agreement are individually referred to as the “Party” and collectively referred to as “Parties”.

SunvAI is an internet-based software-as-a-service (SaaS) that provides Artificial Intelligence (AI) – powered assistive tools that enables users to find information on legal queries to seek possible solutions to legal problems. SunvAI helps the users in generating legal documents. The Products are provided by SunvAI through its Portals sunvai.in, consumer.sunvai.in and apisunvai.in which are the proprietary domain names of SunvAI. 

1. DEFINITIONS

  • “Account” means the User account on the Portal, created using third party authentication service provider. 

  • “Confidential Information” means any information, whether oral or in writing, whether or not specifically designated as confidential and/or that is known or ought to have been known, given the facts and circumstances of disclosure, that the information constitutes confidential information and includes without any limitation, information in relation to the User, user generated content for the purpose of generating documents, source code, proprietary information, financial information, purchase information, or other business or information of or belonging to the User, including, without limitation, copyright material, data, processes, methods, technology, trade secret, designs, trademarks, techniques, registered or unregistered patent or trademark applications, discussion/s held and such other information provided in connection with and/or related to any or all of the services of SunvAI.

  • “Content” means user generated query/queries, user provided content and Portal generated content. 

  • “Document” means any document generated by the Portal with user-provided content.  

  • “Intellectual Property” includes, without limitation, all intellectual property rights, including, software, source code, documentation, domain name, user information, all inventions, trademarks, patents, trade names, copyrights, moral rights, know-how, intellectual property, software, licenses, developments, research data, designs, technology, trade secrets, test procedures, processes, computer programs, computer discs, computer tapes, literature, reports and other confidential information, intellectual and similar intangible property rights, whether or not patentable or copyrightable (or otherwise subject to legally enforceable restrictions or protections against unauthorized third party usage), and any and all applications for, registrations of and extensions, divisions, renewals and reissuance of, any of the foregoing, and rights therein. 

  • “License” shall mean the license granted under Clause 3 of this Agreement.

  • “Portal generated content” means responses generated by the Portal to queries by the users, in the form of text displayed in the user interface (UI), communications sent  through electronic means to users and documents generated by the Portal using user provided content. 

  • “Product” means the internet -based software-as-a-service (SaaS) that is hosted and made available by SunvAI for its users.

  • “Registered User” means user who has created an Account with the Portal using third party authentication service provider facilitated by the Portal.

  • “Software” means the software program developed by SunvAI, and all updates, upgrades, enhancements, releases, improvements, and all adaptations or modifications that may be made to such software program (including, among other things, error corrections or other changes to the functionality, compatibility, capabilities, performance, efficiency, or quality of the software), whether or not owned by SunvAI.  

  • “Term” shall mean the term/time during which the user keeps his/her/its Account operational and/or which account has not been terminated or suspended as provided under Clause 15 of this Agreement.

  • “User” shall mean a visitor, registered user having account with the Portal. The term ‘User’ may be used interchangeably with ‘You’ or ‘Your’ through the Agreement.

  • “User generated query/queries” means a query/queries generated by the User to seek information or directions from any of SunvAI’s services. The User generated query/queries may be in the form of text input or by selecting options through button click. 

  • “User provided content” means information provided by the user to generate documents or such other services of the Portal. 

2. REGISTRATION AND ACCOUNT

The User may access the services of SunvAI using the URL: www.sunvai.in or www.consumer.sunvai.in or apisunvai.in or any other URLs as may be launched from time to time. 

As part of the registration process, the User shall be required to login through third party authentication service provider/s, facilitated for the purpose by SunvAI.  

The Account shall be personal to the User. The User shall not share the access information with any other person.

The User shall keep the password secure and confidential. The User shall not transfer any part of his/her account and shall ensure that he/she is in compliance with the law and Terms of this Agreement.

The User shall be solely responsible for all activities that is generated through the Account unless the account is misused, and such misuse is reported immediately to SunvAI. 

The conclusion of SunvAI shall be final and binding on the User and SunvAI shall be entitled at its sole discretion to suspend/close access of the User to his/her account. 

 

3. SERVICES

Subject to compliance with the terms and conditions of this Agreement, SunvAI hereby grants you a non-exclusive, non-transferable, non-sublicensable limited license (hereinafter, the “License”) during the Term to access the Portal and use the software and document/s, solely as set forth in this Section and subject to all of the conditions and limitations set out in this Agreement. Under the license the User shall be entitled to the following services/features:  

  • Validation of Complaints/Legal Issues: This feature helps you to validate your complaints or legal issues, and seek  directions on the legal process, procedure and statutory compliance/s, wherever relevant, as provided under the relevant Indian laws, generated by the Product using user generated queries.

  • Documentation: Generate and receive by e-mail, agreements and such other legal documents, using the Product, created by User provided content. The Agreement/Legal Document generated by the Product shall be sent to the registered email address of the User. The User can regenerate the same document (or with minor edits) again as per instructions received in e-mail or by logging in and selecting the needed document for edit from user's document history and receive an e-mail of the edited or regenerated document.

  • Context-based Search: This feature helps you  seek general information regarding  applicable legal provisions and or directions relating to specific legal questions and queries, generated by the Product using User generated queries.

  • Complete the Loop: To complete the loop for user, SunvAI also lists external sources of information using which, user can find contact details of organizations, government authorities and agencies, relevant links to websites of judicial authorities and experts whom user might approach for further execution or  any further assistance and legal advice. 

SunvAI disclaims that the list provided is only suggestive and does not advertise or warrant, expressly or impliedly, about the competence and services of the legal professionals/experts, or such information being up to date. SunvAI also disclaims that it is neither an Agent or Partner or Platform for such organisation, government authorities and agencies and legal professionals/experts listed on the Portal. 

“Validation of Complaints/Legal Issues”, "Documentation", “Context-based Search” and "Completing the Loop" features shall be available only upon registration with the Portal/Application. Documents are generated and mailed to user’s registered email address as PDF attachment, and only the data, and not the PDF document, is stored in SunvAI’s database for minor edits and/or regeneration of document by user. Only a registered user can provide user feedback in these features using 'Report Issues' section of the Portal. A visitor may get in touch at anvita.bajpai@sunvai.in. Information about the product, plan, features and fees shall be as specified on the Portal, which may be altered and updated from time to time. 

 

4. SUBSCRIPTION FEE AND PAYMENT TERMS

The Subscription fee for the Services mentioned in Clause 3 are Free of Cost for a limited period and the subscription fee and payment terms may be altered from time to time by SunvAI. 

 

5. THIRD-PARTY SOFTWARE 

The Product provided by SunvAI may include software, content, links, data or other materials, including related documentation, that are owned by Persons other than SunvAI, such software shall be provided to the User on terms that are in addition to and/or different from those contained in this Agreement (“Third-Party Licenses”).  The User shall be bound by and shall comply with all Third-Party Licenses and any breach by the User of any such Third-Party’s License shall also be deemed to be a breach of this Agreement.

It is the User’s responsibility to assess the Third-party services before deciding to use the same. You have the freedom to compare the same with other service providers - which are not listed with SunvAI’s Platform before deciding to use their services.

 

6. USER RESTRICTIONS

The User shall not, directly or indirectly: 

i. Reuse the document by manually/electronically editing it for different cases and for different users. 

ii. Use (including make any copies of) the Software or Documentation beyond the scope of this License.

iii. Permit any other Person to use the Portal or Documentation.

iv. Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Product, Software or Documentation or any part thereof.

v. Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Product or any part thereof.

vi. Remove, delete, alter or obscure any trademarks or any copyright, patent or other Intellectual Property Rights notices from the Software or Document/s, including any copy thereof.

vii. Use the Product or Document/s in and for the operation of a service provider.

viii. Use the Product or Document/s in violation of any law for the time being in force; 

ix. Use the Portal or Document/s for purposes of the development of a competing software product or service or any other purpose that is or is likely to be SunvAI’s commercial disadvantage, the decision in respect of which SunvAI’s decision shall be final. 

7. OBLIGATIONS OF USERS

The User shall -

i. Not provide or post any inappropriate, offensive, racist, hateful, sexist, abusive, sexually explicit, false, misleading, infringing, defamatory or libelous content.

ii. Use the Portal for genuine cases.

iii. Declare and confirm that he/she is above the age of 18 years, or, if not, the user shall use the Product with the involvement, supervision and approval of the parent or legal guardian.

iv. Not intentionally or otherwise impersonate another person for any purpose whatsoever. 

v. Not at any time reproduce, distribute or publicly display or communicate to the public or otherwise use any or exploit any content of the Portal. 

8. COLLECTION AND USE OF INFORMATION

The User acknowledges and agrees that SunvAI may, directly or indirectly through the services of Third Parties, collect, use and store information regarding the Users use of the Product to enhance the performance of, or develop updates to the Software.  No consent or permission of the User shall be required. 

9. MAINTENANCE AND SUPPORT

This License does not entitle User to any maintenance or support services with respect to the Product.

 

10.INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

User acknowledges and agrees that the Product is provided under license, and not sold, to the User. User does not acquire any ownership interest in the Product under this Agreement, or any other rights thereto other than to use the same in accordance with this License, and subject to all of the terms, conditions and restrictions under this Agreement. SunvAI (and its service providers) reserve and shall retain their entire right, title and interest in and to the Portal, software and Document/s and all Intellectual Property Rights arising out of or relating to the Portal, Software and Documentation, except as expressly granted to the Licensee in this Agreement. User shall safeguard all Software and Documentation (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access. User shall promptly notify SunvAI if User becomes aware of any infringement of SunvAI's Intellectual Property Rights in the Portal, Software or Documentation and fully cooperate with SunvAI in any legal action taken by SunvAI to enforce its Intellectual Property Rights. 

 

11.CONFIDENTIALITY

The Parties agree to maintain the confidentiality of any confidential information of the other party that it obtains pursuant to this Agreement consistent with the efforts such party uses to protect its own confidential and trade secret information of like importance, and shall take all reasonable steps to ensure that such confidential information is not disclosed or distributed by its employees or agents to third parties not subject in writing to an agreement to protect such confidential information. Each party agrees that the Product and Documentation shall be deemed confidential information of SunvAI. 

 

12.NO LEGAL ADVICE

The User confirms, understands and accepts that –

i. SunvAI is a technology company. 

ii. That it is not a law firm, and is not engaged in legal practice, and does not render the services of a law firm or a solicitor.

iii. That accordingly, the Portal may provide information concerning legal issues, but that shall not be a substitute for legal advice from qualified counsel.

iv. That at no time does SunvAI review information for legal sufficiency, draw legal conclusions, provide legal advice, about anyone’s legal rights, remedies, defences, options, selection of forms, or strategies.

v. That the use of the Product does not create any fiduciary relationship between User and SunvAI. 

vi. That the accuracy of the Product is neither warranted nor guaranteed and the User uses the Product at his/her own risk. 

vii. That the documents created using the Product may require consultation with a legal expert prior to execution or actual uses.  

 

13.WARRANTY AND DISCLAIMER

i. Information on the user’s query is given using Indian Laws as Information source, using probabilistic Artificial Intelligence algorithms, which have probability of minor error in its matching information. The user shall read the source document of the references given for the requisite information. 

ii. The documents available via the Products may not fit the User’s specific requirements. The User should make his/her own judgement on the suitability of any such materials to suit requirements or obtain independent legal advice to review such materials before using them.

iii. SunvAI cannot and does not provide any assurance or guarantee that any documents provided via the Products are suitable, sufficient, correct, or appropriate for the User or the use to which it is required.

iv. Document generation would purely be based on content and information provided by User, and SunvAI is not responsible for any errors, factual or otherwise in the same. 
v. Query on SunvAI’s platform and document generation would be based on the applicable Indian laws on the date of usage of the Portal.  While SunvAI would make efforts to be upto date, the User shall exercise due diligence to be aware of any changes to such laws which may affect the Usage of information and/or documents. 

vi. SunvAI DISCLAIMS THAT THE PRODUCT AND DOCUMENTS ARE PROVIDED TO THE USER ON A "AS IS" AND WITH ALL FAULTS AND DEFECTS, IF ANY, WITHOUT WARRANTY OF ANY NATURE. SunvAI, AND ITS RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCT, SOFTWARE AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. SUNVAI PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PRODUCT  WILL MEET THE USER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. 

vii. SunvAI FURTHER DISCLAIMS THAT IN NO EVENT WILL SunvAI OR ANY OF ITS RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE SOFTWARE, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS OR CONSEQUENTIAL LOSSES RESULTING FROM THE SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SunvAI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

14. INDEMNIFICATION

User agrees to indemnify and keep indemnified SunvAI or its associates from and against any losses, claims, proceedings, damages, costs, liabilities, penalties and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in relation to the User Information, the User’s conduct or use of SunvAI’s services, breach of the Terms or third party claims or actions. This section shall survive the termination of the User’s Account on the Portal.

15. SUSPENSION OR TERMINATION OF ACCOUNT

The User may terminate the Account on the Portal by sending an email to that effect to anvita.bajpai@sunvai.in. Upon receipt of email, SunvAI shall communicate to the User of termination of Account on the registered email address within fifteen (15) days of receipt of User’s request email for termination. 

SunvAI may suspend or terminate the User’s Account, without assigning any reasons, by providing a fifteen (15) days’ prior written notice to the User. 

SunvAI may, at its sole discretion, terminate or restrict the User’s access to the Account immediately, with or without giving the User a prior notice in any of the following cases:

a. If the User Information which is uploaded infringes copyright of any other User or any third party; 

b. If the User breaches the confidentiality obligations stated hereunder;

c. SunvAI has reasonable grounds to suspect an illegal, fraudulent or abusive activity in relation to the User’s Account; or 

d. The User has failed to adhere to the obligations and conduct specified under this Agreement. 

16. EFFECT OF SUSPENSION OF TERMINATION

In the event the User’s Account is terminated, SunvAI will give the User a time period of fifteen (15) days from the date of termination to create back-up copies of the data in the User’s  Account. The User may also create back-up copies of the documents sent by email to the registered email address of the User. Alternatively, the User can also manually note certain details that were entered on the Portal within the stipulated time period. Such data shall be stored by SunvAI for a further period of ninety (90 days) from the date of termination, at the end of which SunvAI’s obligation shall cease. Data and backup copies of the data in the User’s account shall be deleted without any claim of any nature by the User against SunvAI. 

Once such data has been permanently deleted from our servers, it shall be deemed to be unrecoverable. The data hereinbefore mentioned shall mean and include the data stored by the User such as documents generated and maintained in the User’s Account. 

17. CESSATION OF SERVICE

In the event of permanent cessation of service by SunvAI, it shall notify the User on its registered email address prior to 15 days from the date of cessation. SunvAI will give the User a time period of fifteen (15) days from the date of such notification to create back-up copies of the data in the User’s Account. Such data shall be stored by SunvAI for a further period of ninety (90 days) from the date of notification, at the end of which SunvAI’s obligation shall cease. Data and backup copies of the data in the User’s account shall be deleted without any claim of any nature by the User against SunvAI.

18. FORCE MAJEURE

SunvAI shall not be liable to the User for failure or delay in the performance of a required obligation, if such failure or delay is caused by strike, riot, fire, flood, earthquake, natural disaster, epidemic, pandemic, quarantine restrictions, power or internet outages, electronic virus, electronic attack or infiltration, internet disturbance, government act, or other downtime outside the reasonable control of SunvAI  or other similar cause beyond SunvAI’s control. The User may terminate this Agreement if such condition continues for a continuous period of 180 days.

 

19. GOVERNING LAW & DISPUTE RESOLUTION 

This Agreement shall be governed by the laws of India and in case of multiple jurisdictions, parties agree that the courts at Bengaluru shall have exclusive jurisdiction. 

In case of any question, dispute or differences between the Parties arising out of or in connection with this Agreement or breach, termination or validity thereof (“Dispute”), the Parties shall use all reasonable endeavors to resolve such dispute through mutual discussions. 

If the Dispute cannot be settled amicably by mutual discussions, as soon as practicable, but not earlier than 45 days after a request for such amicable settlement has been made, give to the other Party a notice in writing of the existence of such Dispute, and the same shall be referred to Mediation in the second instance and finally settled by fast track arbitration conducted by a sole Arbitrator, in Bangalore in accordance with Section 29B of the Arbitration and Conciliation Act, 1996 or any statutory enactment thereof and the rules made thereunder for the time being in force shall apply to the said arbitration proceedings. 

20. ALTERATION/AMENDMENT

SunvAI reserves the right to update or make changes to the Terms, from time to time. SunvAI will notify the User of such updates and modifications. The User’s continued usage of Product, pursuant to such changes, shall be deemed as acceptance of such changes. The changes made to the Terms will be effective immediately upon the posting of the revised Terms. Therefore, the User shall periodically check for notifications from SunvAI and review the ‘Terms of Use’ section of the Portal for the latest information and updates.

21. CHANGE OF CONTROL 

In the event of change of control to another entity, the User hereby, consents to the transfer of the Contents and User Information, to such entity. The User hereby, agrees that SunvAI may assign the rights and obligations under the Terms to such entity, at its sole discretion. The User’s continued usage of Portal will, however, be based on the User’s acceptance of any modified or additional terms and conditions.

22. CONTACT US

If you have any queries regarding the Terms of Use or Privacy Policy, please get in touch at anvita.bajpai@sunvai.in.

23. MISCELLANEOUS 

(i) The headings contained in the Terms hereunder are for reference purposes only and shall not affect the meaning or interpretation of the Terms in any way.

(ii) No modification of the Terms shall be effective without the prior written consent of SunvAI. 

(iii) If a provision of the Terms is held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect the other provisions of the Terms. 

(iv) The User shall not assign its rights under the Terms to anyone without the prior approval of SunvAI. SunvAI may assign the rights and obligations under the Terms to anyone at its sole discretion. 

(v) No provision of the Terms shall be waived, unless such waiver shall be in writing and consented to by SunvAI. 

(vi) The Terms hereto shall constitute an entire agreement and shall supersede all existing or prior agreements and communications, whether written or verbal, relating to the subject matter.

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Last modified on - Oct 15th, 2020