Terms of Service

1. Acceptance of Terms

By creating an account, subscribing to our services, or accessing the Aquariusly platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These Terms apply to all users, including subscribers, trial users, and visitors to our website.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, and "you" refers to such entity.

2. Eligibility and Account Requirements

2.1 Age and Capacity

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. Our platform is designed for business and professional use.

2.2 Account Registration

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized use of your account
• One account per individual or organization is permitted
• You may not share your account credentials with others

2.3 Business Use

Our services are intended for legitimate business, professional, educational, and personal productivity purposes. Commercial use is permitted under your subscription plan.

3. Subscription Plans and Billing

3.1 Subscription Tiers

We offer multiple subscription tiers with different features and usage limits. Current plans and pricing are available on our website and may be updated from time to time with reasonable notice.

3.2 Billing and Payment

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as expressly stated in our Refund Policy
• You authorize us to charge your payment method for all applicable fees
• You are responsible for providing current and accurate billing information
• Failure to pay may result in service suspension or termination

3.3 Free Trials

We may offer free trial periods for new subscribers. Trial terms will be clearly disclosed at signup. Your subscription will automatically convert to a paid plan unless cancelled before the trial ends.

3.4 Plan Changes and Cancellation

• You may upgrade or downgrade your plan at any time through your account settings
• Plan changes take effect at the next billing cycle unless otherwise specified
• You may cancel your subscription at any time; cancellation takes effect at the end of your current billing period
• Upon cancellation, you retain access to paid features until the end of your billing period

4. Service Description and Availability

4.1 Platform Services

Aquariusly provides a SaaS platform that enables access to various AI language models and related services. Our platform includes features such as AI chat interfaces, document processing, analytics, and API access (depending on your subscription tier).

4.2 Service Availability

• We strive to maintain 99.9% uptime but do not guarantee uninterrupted service
• Services may be temporarily unavailable due to maintenance, updates, or technical issues
• We reserve the right to modify, suspend, or discontinue features with reasonable notice
• Third-party AI model availability may vary and is subject to provider terms

4.3 Usage Limits

Your subscription plan includes specific usage limits (e.g., number of AI interactions, API calls, document processing). Exceeding these limits may result in service throttling or additional charges as specified in your plan.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use our services for:

• Legitimate business, professional, and educational purposes
• Content creation, research, and analysis
• Software development and technical assistance
• Personal productivity and learning

5.2 Prohibited Uses

You agree NOT to use our services to:

• Generate illegal, harmful, abusive, or discriminatory content
• Harass, threaten, stalk, or harm others
• Create or distribute malware, viruses, or malicious code
• Attempt to bypass AI safety measures or content filters
• Violate any applicable laws, regulations, or third-party rights
• Impersonate others or misrepresent your identity or affiliation
• Use automated systems to abuse or overload our services
• Reverse engineer, decompile, or attempt to extract source code
• Resell or redistribute our services without authorization
• Generate content that infringes intellectual property rights

6. AI-Generated Content and Third-Party Services

6.1 AI Model Providers

• Our platform integrates with third-party AI providers (OpenAI, Anthropic, Google, etc.)
• AI responses are generated by these third-party models, not by Aquariusly directly
• Each AI provider has their own terms of service and usage policies
• We do not guarantee the availability of any specific AI model

6.2 Content Accuracy and Reliability

• AI-generated responses may not always be accurate, complete, or appropriate
• You are responsible for verifying any information before acting on it
• AI models may produce biased, offensive, or inappropriate content despite safety measures
• We recommend human review of AI-generated content for important use cases

6.3 Data Processing by AI Providers

7. Intellectual Property Rights

7.1 Our Intellectual Property

• The Aquariusly platform, including software, design, and original content, is owned by Aquariusly Technologies
• Our trademarks, logos, and brand elements are protected intellectual property
• You may not copy, modify, distribute, or create derivative works of our platform
• We grant you a limited, non-exclusive license to use our services according to these Terms

7.2 Your Content

• You retain ownership of content you create and input into our platform
• You grant us a license to process your content to provide our services
• You are responsible for ensuring you have rights to any content you upload
• You must not upload content that infringes third-party intellectual property rights

7.3 AI-Generated Content

• AI-generated responses are subject to the respective AI provider's terms and policies
• You may use AI-generated content according to applicable AI provider terms
• We make no claims to ownership of AI-generated content
• You are responsible for ensuring compliance with applicable intellectual property laws

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you also agree to our Privacy Policy.

• We implement industry-standard security measures to protect your data
• You have rights regarding your personal data as described in our Privacy Policy
• We comply with applicable data protection laws, including GDPR where applicable
• Data processing by third-party AI providers is subject to their respective privacy policies

9. Service Level Agreement and Support

9.1 Service Levels

• We target 99.9% uptime for our core platform services
• Planned maintenance will be scheduled during low-usage periods when possible
• We provide status updates for service incidents through our status page

9.2 Customer Support

• Email support is available to all subscribers
• Response times vary by subscription tier and issue severity
• Priority support is available for higher-tier subscribers
• Support is provided in English during business hours

10. Account Termination and Suspension

10.1 Termination by You

• You may cancel your subscription at any time through your account settings
• You may request account deletion by contacting our support team
• Upon cancellation, you retain access to paid features until the end of your billing period
• We will retain your data according to our Privacy Policy and applicable law

10.2 Termination by Us

We may suspend or terminate your account if you:

• Violate these Terms of Service or our Acceptable Use Policy
• Fail to pay subscription fees when due
• Engage in fraudulent or illegal activities
• Abuse our services or harm other users
• Violate third-party rights or applicable laws

10.3 Effect of Termination

• Upon termination, your right to use our services immediately ceases
• We may delete your account and data according to our retention policies
• You remain liable for all charges incurred before termination
• Provisions that should survive termination will remain in effect

11. Disclaimers and Warranties

11.1 Service Disclaimer

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, error-free, secure, or meet your specific requirements.

11.2 AI Content Disclaimer

We make no representations or warranties about the accuracy, completeness, or reliability of AI-generated content. AI responses are provided for informational purposes only and should not be relied upon for critical decisions without independent verification.

11.3 Third-Party Services

We disclaim all warranties related to third-party AI providers and other integrated services. Your use of third-party services is subject to their respective terms and conditions.

12. Limitation of Liability

12.1 Liability Limits

To the maximum extent permitted by applicable law, Aquariusly Technologies and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our services.

12.2 Maximum Liability

Our total liability to you for all claims arising from or related to these Terms or our services shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

12.3 Exceptions

These limitations do not apply to liability for death or personal injury caused by our negligence, fraud, or other liability that cannot be excluded by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Aquariusly Technologies and its affiliates from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of our services in violation of these Terms
• Your content or data that infringes third-party rights
• Your violation of applicable laws or regulations
• Your negligent or wrongful conduct

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

14.2 Dispute Resolution

14.3 Jurisdiction

For any disputes not subject to arbitration, you agree to the exclusive jurisdiction of the courts located in India.

15. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or failures of third-party services or infrastructure.

16. Export Control and Sanctions

Our services are subject to export control laws and regulations. You agree not to use our services in violation of any applicable export control laws, trade sanctions, or embargoes. You represent that you are not located in, or a resident or national of, any country subject to comprehensive sanctions.

17. Severability and Waiver

17.1 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect, and the unenforceable provision will be replaced with an enforceable provision that most closely reflects the original intent.

17.2 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative.

18. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms or our rights and obligations hereunder without restriction, including in connection with a merger, acquisition, or sale of assets.

19. Changes to These Terms

19.1 Modification Process

We may update these Terms of Service from time to time to reflect changes in our services, legal requirements, or business practices. We will provide reasonable notice of material changes through:

• Email notification to your registered email address
• Prominent notice on our platform or website
• In-app notifications for significant changes

19.2 Acceptance of Changes

Your continued use of our services after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using our services and may cancel your subscription.

20. Contact Information

21. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Aquariusly Technologies regarding your use of our services and supersede all prior agreements and understandings.