Terms of Service

4.1. Eligibility

By using this Website, You represent and warrant that You are at least 18 (eighteen) years old and have the legal capacity to enter into these Terms.

If You are under 18 (eighteen), you may only use the Website with the consent and supervision of a parent or guardian.

4.2. Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services (including the Website and the PERSUAIDE Platform) strictly for the Permitted Purpose and in accordance with these Terms.

4.3. Prohibited Activities

You agree not to:

• Use the Services (including the Website and the PERSUAIDE Platform) for any unlawful purpose or in violation of any applicable local, state, national, or international law;
• Scrape, reverse-engineer, decompile, or otherwise attempt to gain unauthorized access to any part of the Services (including the Website and the PERSUAIDE Platform), its underlying algorithms, prompts, or source code;
• Transmit any viruses, malware, worms, or other harmful or disruptive code;
• Interfere with or disrupt the security, integrity, or performance of the Services (including the Website and the PERSUAIDE Platform) or the data contained therein;
• Use the Services (including the Website and the PERSUAIDE Platform) for any commercial purpose exceeding the scope of Your subscription, including reselling, sub-licensing, or providing "service bureau" access to third parties; and
• Share login credentials or allow unauthorized access.
• Upload, generate, transmit, or otherwise make available any content that is unlawful, fraudulent, misleading, or in violation of applicable law.
• Use the Services to generate, reproduce, or disseminate any content that infringes or misappropriates any third-party intellectual property rights, including trademarks, copyrights, designs, or trade secrets, or that constitutes passing off under applicable law;
• Use the Services to create brand assets, campaign materials, or marketing content that is misleading, deceptive, or in violation of the Advertising Standards Council of India (ASCI) Code, the Consumer Protection Act, 2019, or any other applicable advertising regulations;
• Upload, input, or otherwise make available on the Platform any proprietary brand assets, trademarks, creative materials, or confidential information belonging to third parties without obtaining all necessary rights, consents, and authorizations from such third parties;

The Company reserves the right to remove, disable access to, or restrict any content or activity that it reasonably believes to be in violation of applicable law or these Terms, including pursuant to lawful orders of competent authorities.

4.4. Misuse and Penalties

In case of misuse or violation of these Terms, PERSUAIDE reserves the right to:

• Suspend or terminate your access to the PERSUAIDE Platform.
• Impose penalties, including additional fees for unauthorized or excessive usage.
• Pursue legal remedies, if applicable.

4.5. Compliance

Users must comply with all applicable laws, regulations, and internal company policies while using the platform.

4.6. Incident Reporting

Users must promptly notify PERSUAIDE at anand@persuaide.ai of any unauthorized use, suspected security breach, or compromise of account credentials.

4.7. Payment Terms

• Users exceeding notified usage limits (e.g., number of documents, creatives, campaigns or users) will be charged extra as per applicable rates.
• Payments must be made within the specified timelines to avoid late payment charges or service suspension.

6.1. Ownership of Data

All data input and output by the User ("Customer Data") remains the sole property of the User or their organization.

PERSUAIDE shall not use User data to train, fine-tune, or improve its underlying AI models without the User's prior written consent, except to the extent necessary to provide the Services.

6.2. Data Processing

To provide its comprehensive suite of brand campaign creation technology tools, PERSUAIDE utilizes a hybrid infrastructure consisting of proprietary in-house behavioural science knowledge and methods, and external third-party AI service providers.

By using the platform, you authorize the processing of data through these systems as necessary to deliver the requested automated outputs and platform functionalities.

Interaction data may be used to monitor platform performance and improve the efficiency of our services.

As these external AI providers operate as independent entities, you acknowledge that PERSUAIDE liability for the internal operations or policies of these third-party systems is limited to the extent permitted by law.

All processing within systems under PERSUAIDE direct control is performed strictly according to User instructions and the functional requirements of the Platform.

Upon termination of your subscription, Customer Data will not be retained, except as required for compliance with applicable law, enforcement of legal rights, or for limited archival and backup purposes in accordance with standard data retention practices.

6.3. Data Security

PERSUAIDE employs reasonable security practices and procedures consistent with applicable law, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and the Digital Personal Data Protection Act, 2023 ("DPDPA"), to protect Customer Data from unauthorized access, loss, or misuse.

Users remain responsible for ensuring that their use of the platform, including any data uploaded or processed by them, complies with applicable privacy and data protection laws.

11.1. Service Limitations and Availability

The Services are continuously evolving and may include features that are under development, subject to modification, or not fully optimised.

While the Services are designed to be functional and reliable, they may contain bugs, errors, or limitations, and certain functionalities may be modified, updated, or discontinued at any time at our sole discretion without prior notice, where reasonably necessary.

We do not guarantee that all features will be available at all times or that the Services will operate without interruption or error.

Any such limitations shall be subject to the limitations of liability set out in these Terms.

The Services utilise automated and probabilistic systems and may generate outputs that are inaccurate, incomplete, or not fully reliable.

You agree that you will not rely solely on the Services for any brand strategy, campaign execution, creative finalisation, or professional decision-making, and You remain responsible for independently reviewing, verifying, and assessing all outputs prior to use including but not limited to compliance with applicable advertising standards and intellectual property laws.

11.2. No Marketing Strategy or Branding Advice

The Services do not constitute branding/marketing strategy advice. All outputs are for informational assistance only and must be reviewed by a qualified professional.

PERSUAIDE is not a marketing or branding firm and does not create any client service relationship with its Users.

Use of the Services does not create any advisory, fiduciary, or professional relationship between You and PERSUAIDE.

As described above, the Services utilise automated and probabilistic systems and may generate outputs that are inaccurate, incomplete, or not tailored to Your specific branding, marketing, or commercial circumstances.

PERSUAIDE makes no representation, warranty, or guarantee, whether express or implied, that any output generated by the Platform is or will be:

• (a) accurate, complete, current, or error-free;
• (b) compliant with any applicable law, regulation, or industry standard, including but not limited to the Trade Marks Act, 1999, the Copyright Act, 1957, the Consumer Protection Act, 2019, the Information Technology Act, 2000, or the Advertising Standards Council of India (ASCI) Code;
• (c) free from intellectual property infringement, including trade mark, copyright, or passing-off claims;
• (d) suitable, appropriate, or fit for any particular purpose, campaign, audience, or medium; or
• (e) aligned with any applicable sector-specific guidelines, including those issued by SEBI, IRDAI, FSSAI, MCI, or any other regulatory body relevant to the user's industry.

The Platform's role is limited to generating outputs basis the prompts and inputs provided by the user.

The quality, accuracy, and compliance of any output is directly dependent on the quality of the inputs provided, and PERSUAIDE shall bear no responsibility for outputs generated on the basis of incomplete, inaccurate, or misleading inputs.

All users, whether marketing agencies, independent professionals, or businesses, using the Platform directly, are solely responsible for:

User Responsibilities

• (a) reviewing, verifying, and independently assessing all outputs generated by the Services prior to any use, publication, or sharing with any third party;
• (b) exercising independent judgment and, where applicable, obtaining appropriate professional or legal advice before acting on or relying upon any output;
• (c) ensuring that all outputs comply with applicable laws and regulations, including but not limited to the Trade Marks Act, 1999, the Copyright Act, 1957, and the Consumer Protection Act, 2019;
• (d) ensuring compliance with applicable self-regulatory codes and guidelines, including the ASCI Code, and any sector-specific advertising standards, platform policies, or professional conduct norms relevant to the user's industry; and
• (e) obtaining all necessary clearances, approvals, or third-party consents including intellectual property clearances before publishing or deploying any output.

Users are further reminded that the ASCI Code places specific obligations on advertisers in relation to truthful representation, substantiation of claims, and responsible communication to consumers.

PERSUAIDE does not warrant that any output meets these standards, and users must independently ensure compliance before publication.

Except as expressly set out in these Terms, the Website and all automated outputs are provided on an "as is" and "as available" basis.

We do not warrant that the Website or Services will be accurate, complete, reliable, error-free, or uninterrupted, that defects will be corrected, or that the Website or the servers that make them available are free of viruses or other harmful components.

The Services shall not be construed, interpreted, or relied upon as advice, counsel, opinion, or recommendations, and You agree not to use the Services as a substitute for qualified professionals.

At our sole discretion, we may update or modify the underlying logic or data sources of the Services without notice.

PERSUAIDE does not warrant the correctness, enforceability, or suitability of any outputs for any branding or campaign purposes.

11.3. Professional Use and Risk Allocation

Where the Services are used by professionals, you acknowledge and agree that the Services are intended solely as an assistive tool and do not replace the exercise of independent professional judgment.

You remain solely responsible for all professional decisions, advice, creatives, presentations, made to clients or the larger audiences of your brand.

Without limiting the foregoing, You agree that:

• You will independently review, verify, and validate all outputs generated by the Services prior to any use or reliance;
• You will ensure that all outputs are accurate, complete, and compliant with applicable laws, do not lead to any IP infringement, and are in accordance with applicable industry standards; and
• You will exercise your own professional skill, care, and diligence in all matters in which the Services are used.

To the fullest extent permitted by applicable law, PERSUAIDE shall not be responsible or liable to the extent that any claims, losses, or liabilities arise from, relate to, or are attributable to the use of the Services or the automated outputs generated therefrom in a professional capacity, including any reliance placed on outputs without appropriate independent review, validation and professional judgment.

Nothing in this section shall be construed to limit or exclude any liability which cannot be excluded under applicable law.

12.1. Termination by User

Customers may cancel their subscription at any time by sending an email to anand@persuaide.ai.

Upon termination, access to the platform and any stored Customer Data will be subject to the Data Retention policies set out in these Terms.

12.2. Termination by PERSUAIDE

PERSUAIDE reserves the right to terminate access at its sole discretion for:

• Breach of these Terms.
• Non-payment of fees.
• Engagement in prohibited actions.

12.3. Effect of Termination

Upon termination, access to the platform will be revoked, and the User must settle any outstanding payments.

Any Customer Data will be handled in accordance with the Privacy Policy, including applicable data retention and deletion practices.

Certain provisions of these Terms, including but not limited to intellectual property, limitation of liability, indemnity, and dispute resolution, shall survive termination.