Terms of Service

CLAIRVYN PRIVATE LIMITED TERMS OF SERVICE Governing access to and use of the Clairvyn Platform by all Users Company Clairvyn Private Limited CIN U62099TN2025PTC180011 GSTIN 33AAMCC6875A1ZO Registered Address No.136/1, No.8/9, Parvallal Street, Murugappa Nagar, Ennore RS, Ambattur, Tiruvallur – 600057, Tamil Nadu, India Contact Email hello@clairvyn.com Website www.clairvyn.com Effective Date 14 March 2026 1. Acceptance and Binding Effect These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you") and Clairvyn Private Limited, a company incorporated under the Companies Act, 2013, bearing CIN U62099TN2025PTC180011 and GSTIN 33AAMCC6875A1ZO, with its registered office at No.136/1, No.8/9, Parvallal Street, Murugappa Nagar, Ennore RS, Ambattur, Tiruvallur – 600057, Tamil Nadu, India ("Clairvyn", "Company", "we", "us"). These Terms govern all access to and use of the Company's AI-powered architectural floor plan generation platform available at www.clairvyn.com and all associated applications, tools, and services (collectively, the "Platform"). By creating an account, clicking a checkbox or button indicating acceptance, continuing past an interstitial screen referencing these Terms, or otherwise accessing or using the Platform in any manner, you confirm that you have read, understood, and irrevocably agree to be bound by these Terms and the Company's Privacy Policy, which is incorporated herein by reference. Electronic acceptance of these Terms, in any of the foregoing forms, is as legally binding as a handwritten signature and constitutes valid acceptance under the Information Technology Act, 2000 and the Indian Contract Act, 1872. If you do not agree with any provision of these Terms, you must not access or use the Platform. No reliance should be placed on any oral or written representation, statement, or assurance made by or on behalf of the Company outside these Terms, including any marketing material, promotional content, demonstration, or conversation with Company personnel. These Terms, together with the Privacy Policy and any Enterprise Agreement (as defined herein), constitute the entire agreement between the parties with respect to the Platform and supersede all prior communications, negotiations, representations, and understandings, whether written or oral. 2. Eligibility Access to the Platform is restricted to individuals who are at least thirteen (13) years of age. Users between the ages of thirteen and eighteen must have obtained the prior written consent of a parent or legal guardian before accessing the Platform. By accessing the Platform, you represent and warrant that: (a) you meet the applicable age requirements; (b) you have the full legal capacity to enter into binding contracts under the laws of your jurisdiction; (c) your access to and use of the Platform does not violate any applicable law, regulation, or order; and (d) if you are accessing the Platform on behalf of a legal entity, you are duly authorised to bind that entity to these Terms, and references to "you" shall include that entity. The Company reserves the right to verify eligibility and to immediately suspend or terminate any account that does not satisfy these requirements, without prior notice and without liability. 3. Account Registration and Security Access to the full features of the Platform requires registration of an account by providing accurate, current, and complete information, including your name, email address, and a password ("Account Credentials"). You represent and warrant that all registration information you provide is accurate and that you will maintain its accuracy throughout the duration of your account. You are solely and exclusively responsible for: (a) maintaining the confidentiality of your Account Credentials; (b) all activity that occurs under your account, whether or not authorised by you; and (c) immediately notifying the Company at hello@clairvyn.com upon becoming aware of any unauthorised access to or use of your account or Account Credentials. The Company will not be liable for any loss, damage, or liability arising directly or indirectly from your failure to maintain the security of your Account Credentials or from any unauthorised use of your account that results from your failure to take reasonable precautions. 4. The Platform and Services 4.1 Description of Services The Platform provides AI-powered architectural floor plan generation services. Users submit textual prompts, spatial requirements, dimensional parameters, and design preferences through the Platform's interface, which are processed by AI models to generate conceptual floor plan outputs ("Outputs"). The AI models underlying the Platform may be operated by the Company, by third-party AI providers, or by a combination thereof, and the Company reserves the right to change, replace, or supplement its AI model stack at any time at its sole discretion without notice. 4.2 Freemium and Subscription Plans The Platform is available on a freemium basis, comprising: (a) a free tier providing access to a limited number of prompts per calendar month, as specified on the Platform, without charge; and (b) one or more paid subscription tiers offering higher usage limits, enhanced features, and priority processing, at the fees displayed on the Platform from time to time. The features, usage limits, and pricing applicable to each tier are subject to change in accordance with Section 7.4. 4.3 Service Availability The Company will use commercially reasonable efforts to maintain the availability and performance of the Platform. The Company does not represent or warrant that the Platform will be available at all times, that it will be free from interruption, latency, or errors, or that any defect will be corrected within a specified timeframe. The Platform may be temporarily unavailable due to scheduled or unscheduled maintenance, technical failures, infrastructure outages, security incidents, third-party provider failures, or events beyond the Company's reasonable control. 4.4 Nature of AI-Generated Outputs – Critical Limitations THE OUTPUTS ARE PRODUCED ENTIRELY BY PROBABILISTIC ARTIFICIAL INTELLIGENCE MODELS. OUTPUTS ARE NON-DETERMINISTIC: THE SAME INPUT MAY PRODUCE MATERIALLY DIFFERENT OUTPUTS AT DIFFERENT TIMES. THE COMPANY PROVIDES NO GUARANTEE OF ACCURACY, CONSISTENCY, COMPLETENESS, OR FITNESS FOR ANY PURPOSE IN RESPECT OF ANY OUTPUT. CLAIRVYN IS AN AI TOOL PROVIDER AND IS NOT AN ARCHITECTURAL FIRM, ENGINEERING CONSULTANCY, URBAN PLANNING SERVICE, STRUCTURAL DESIGN PRACTICE, OR LICENSED PROFESSIONAL SERVICES PROVIDER OF ANY KIND. NOTHING IN THESE TERMS, THE PLATFORM, OR ANY OUTPUT CONSTITUTES PROFESSIONAL ARCHITECTURAL ADVICE, STRUCTURAL ENGINEERING ADVICE, OR ANY OTHER FORM OF LICENSED PROFESSIONAL ADVICE. By using the Platform and generating Outputs, you expressly acknowledge and agree that: • Outputs are conceptual drafts produced by AI and do not constitute finished architectural drawings, structural designs, construction documents, or any form of professional deliverable; • Outputs may resemble existing architectural designs, floor plan arrangements, or spatial configurations unintentionally, and the Company does not guarantee that any Output is free from similarity to existing works; • The Company makes no representation, warranty, or guarantee of any kind that any Output is architecturally sound, structurally safe, dimensionally accurate, spatially coherent, physically realisable, or fit for any particular purpose; • No Output has been reviewed, verified, or certified against any applicable building code, zoning regulation, fire safety standard, accessibility requirement, municipal bye-law, environmental clearance requirement, or any other law, rule, or standard in India or any other jurisdiction; • The User is solely and exclusively responsible for: (i) independently validating any Output before use; (ii) procuring professional review and certification by a qualified and licensed architect, structural engineer, and all other relevant licensed professionals; (iii) verifying that any Output complies with all applicable regulatory requirements; (iv) obtaining all necessary permissions, approvals, and permits from competent authorities; and (v) ensuring that any intellectual property licence required for the User's intended use of an Output has been independently secured, as the Company does not perform IP clearance on any Output; and • No Output should under any circumstances be used as the direct basis for physical construction, structural modification, demolition, or any activity affecting the safety of persons or property, without the steps described in clause (e) above having been completed in full. 4.5 Specific Exclusion of Liability for Output Reliance CLAIRVYN EXPRESSLY DISCLAIMS ALL LIABILITY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY LOSS, DAMAGE, INJURY, HARM, PENALTY, OR ADVERSE CONSEQUENCE OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR USE OF OR RELIANCE UPON ANY OUTPUT GENERATED BY THE PLATFORM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CLAIRVYN SHALL HAVE NO LIABILITY WHATSOEVER FOR: (A) ANY BODILY INJURY, DEATH, PROPERTY DAMAGE, STRUCTURAL FAILURE, OR SAFETY INCIDENT ARISING FROM THE CONSTRUCTION, MODIFICATION, OCCUPATION, OR USE OF ANY STRUCTURE BASED UPON OR INFORMED BY AN OUTPUT; (B) ANY FINANCIAL LOSS, ECONOMIC LOSS, COST OVERRUN, PROJECT FAILURE, PROFESSIONAL LIABILITY CLAIM, CONTRACTUAL PENALTY, OR LOSS OF BUSINESS ARISING FROM RELIANCE ON AN OUTPUT; (C) ANY THIRD-PARTY CLAIM OR REGULATORY ENFORCEMENT INITIATED AGAINST YOU ARISING FROM YOUR USE OF AN OUTPUT IN A PROFESSIONAL OR COMMERCIAL CONTEXT; (D) ANY REGULATORY NON-COMPLIANCE OR REJECTION OF PLANS BY A COMPETENT AUTHORITY ATTRIBUTABLE TO AN OUTPUT; (E) ANY CLAIM BY A THIRD PARTY (INCLUDING YOUR CLIENTS, EMPLOYERS, OR BUILDING AUTHORITIES) ARISING FROM YOUR USE OF ANY OUTPUT; AND (F) ANY INFRINGEMENT OF A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS ARISING FROM THE CONTENT OF ANY OUTPUT. THE USER ASSUMES ALL RISK ASSOCIATED WITH THE USE OF ANY OUTPUT. INDEPENDENT PROFESSIONAL REVIEW IS NOT OPTIONAL – IT IS A MANDATORY PRECONDITION TO ANY PROFESSIONAL, COMMERCIAL, OR CONSTRUCTION USE. 5. Intellectual Property 5.1 Company Intellectual Property The Platform, including its software, source code, algorithms, AI models, training data, user interface, design, branding, trademarks, service marks, and all content created by or on behalf of the Company (excluding User Inputs and Outputs), is and shall remain the exclusive property of Clairvyn Private Limited and is protected by applicable intellectual property laws. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform solely for your personal or internal business purposes. No other right or licence is granted by implication, estoppel, or otherwise. 5.2 User Inputs You retain all ownership rights in the textual prompts, briefs, spatial parameters, and design preferences you submit through the Platform ("User Inputs"). By submitting User Inputs, you grant the Company a worldwide, royalty-free, non-exclusive, sublicensable, irrevocable licence to process, reproduce, transmit, store, and use your User Inputs for the purpose of: (a) generating Outputs and providing the Platform's services to you; (b) maintaining, improving, and securing the Platform; and (c) exercising the Company's rights under Section 5.3. 5.3 Generated Outputs and Company Licence Subject to your compliance with these Terms and, in the case of paid features, your payment of applicable subscription fees, the Company grants you a non-exclusive, worldwide, royalty-free licence to use, download, reproduce, modify, and adapt the Outputs generated through your use of the Platform for your personal, academic, or commercial purposes, subject to the restrictions in Section 5.5 and to the User's obligation to obtain independent professional validation before any professional or construction use. By using the Platform, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to retain, use, reproduce, modify, adapt, and incorporate your User Inputs and Outputs – in de-identified and anonymised form consistent with the anonymisation standard set out in the Company's Privacy Policy – for the purposes of: (a) training, testing, improving, and developing the Company's AI models and Platform features; (b) security, fraud prevention, and abuse detection; (c) internal analytics and product development; and (d) anonymised commercial data partnerships, as further described in Section 8. The Company will not publicly attribute any Output or User Input to you without your prior written consent. You acknowledge that AI-generated content may not be eligible for copyright protection as an original work under applicable intellectual property law and that the Company does not represent that any Output will qualify as a protectable work. You are solely responsible for any intellectual property due diligence required for your intended use of an Output. 5.4 Restrictions on Use You must not: (a) use the Platform to generate content that infringes the intellectual property rights, privacy rights, or other rights of any third party; (b) attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code, algorithms, or underlying AI models of the Platform; (c) resell, sublicence, or redistribute access to the Platform as a standalone service to third parties without the Company's prior written consent; (d) use the Platform or any Output to train, fine-tune, or develop a competing AI model without the Company's prior written consent; (e) represent any Output as the product of professional architectural or engineering work carried out by a licensed professional without that professional's independent review and certification; or (f) use the Platform in any manner that violates applicable law or regulation. 6. Acceptable Use and Abuse Prevention You agree to use the Platform exclusively for lawful purposes and in a manner consistent with these Terms. Without limiting the generality of the foregoing, you must not: • submit User Inputs that are unlawful, harmful, abusive, harassing, defamatory, obscene, or that infringe the rights of any third party; • attempt to gain unauthorised access to the Platform, its underlying infrastructure, or any account other than your own; • use automated scripts, bots, crawlers, or other automated or programmatic means to interact with the Platform in a manner not expressly authorised by the Company, including for the purpose of circumventing usage limits, generating prompts in bulk, or scraping Outputs at scale; • create multiple accounts – whether under your own name or a fictitious identity – for the purpose of exploiting free-tier prompt allocations, circumventing suspensions, or otherwise gaming the Platform's usage controls; • exploit the free tier or any promotional credit in a manner that is inconsistent with its intended purpose, including by using technical or procedural means to reset, extend, or multiply free-tier entitlements beyond what the Company makes available; • interfere with or disrupt the integrity, security, or performance of the Platform or the data contained therein; • impersonate any person or entity, or misrepresent your identity, affiliation, or authorisation; or • circumvent or attempt to circumvent any technical measure implemented by the Company to protect the Platform, enforce these Terms, or detect abuse. The Company reserves the right to suspend or permanently terminate your access to the Platform, immediately and without prior notice, and without liability to you, if the Company determines, in its sole and reasonable discretion, that you have violated any provision of this Section or any other provision of these Terms, or that your account is being used in a manner the Company regards as abusive, fraudulent, or inconsistent with the intended use of the Platform. 7. Payments, Subscriptions, Cancellation, and Refunds 7.1 Subscription Fees Paid subscription plans are billed in advance on a monthly or annual basis as selected at the time of subscription. All fees are denominated in Indian Rupees (INR) or in such other currency as may be displayed on the Platform's payment interface at the time of transaction. Unless otherwise stated on the payment interface, prices are exclusive of applicable taxes and levies, including Goods and Services Tax (GST). 7.2 Payment Processing and Currency Payments are processed by the authorised third-party payment processor(s) identified on the Platform's payment interface at the time of transaction. The Company accepts international payments. Where a User's payment method is denominated in a currency other than the billing currency displayed on the Platform, currency conversion will be handled by the applicable payment processor at the exchange rate applied by that processor at the time of the transaction. The Company has no control over, and accepts no liability for, exchange rates, conversion fees, or charges levied by your bank, card issuer, or payment processor in connection with currency conversion. The Company does not store your full payment card numbers, card verification values, or equivalent sensitive payment credentials on its own systems. 7.3 Tax Obligations The fees displayed on the Platform may or may not include taxes depending on the User's billing jurisdiction. The User is solely responsible for determining and satisfying all tax obligations applicable to the User's purchase of Platform services under the laws of the User's jurisdiction, including but not limited to GST (India), VAT (European Union and other jurisdictions), sales tax, withholding tax, and any other applicable levy. Where the Company is required by law to collect and remit tax on behalf of the User, the applicable tax will be added to the fee at checkout. Failure to provide accurate billing jurisdiction information does not relieve the User of their tax obligations. 7.4 Price Modifications The Company reserves the right to modify its subscription pricing at any time. The Company will provide not less than thirty (30) days' prior written notice of any price increase to existing subscribers by email to their registered address. Continued use of the Platform after the effective date of a price increase constitutes irrevocable acceptance of the revised pricing. 7.5 Failed Payments and Suspension If a payment fails for any reason – including insufficient funds, card expiry, bank refusal, or payment processor error – the Company reserves the right to immediately downgrade the User's account to the free tier or suspend access to paid features, without prior notice, until payment is successfully completed. Persistent failed payments may result in termination of the subscription. 7.6 Cancellation You may cancel your subscription at any time through your account settings or by contacting hello@clairvyn.com. Cancellation takes effect at the end of the then-current billing period. You will retain access to paid features until the expiry of the paid billing period. No partial-period credit, prorated refund, or compensation will be issued in respect of any unused portion of a prepaid billing period following cancellation. 7.7 Refund Policy – Strict No-Refund Rule ONCE A BILLING CYCLE HAS COMMENCED AND PAYMENT HAS BEEN PROCESSED, ALL FEES ARE STRICTLY NON-REFUNDABLE. No refund, credit, or adjustment of any kind will be issued in respect of: • any subscription fee paid for a billing period that has commenced, regardless of the date of cancellation within that period; • any unused portion of a subscription plan, including unused prompts, features, or credits; • any dissatisfaction with the quality, accuracy, or usefulness of AI-generated Outputs; • any Output that fails to meet the User's expectations, professional requirements, or quality standards; • any rejection of an Output by a client, employer, regulatory authority, building authority, or any third party; • any claim that the Platform did not perform as expected, unless the claim falls within the express exceptions in Section 7.8; • any change in the User's circumstances, business needs, or subscription requirements; or • any error, oversight, or mistake made by the User in selecting a subscription plan, submitting payment, or configuring their account. No goodwill refunds will be issued under any circumstances. The grant of a refund in any individual case shall not constitute a precedent, a course of dealing, or any representation that a refund will be granted in any other case. The Company's decision on any refund request is final. 7.8 Refund Exceptions – Strictly Limited Notwithstanding Section 7.7, the Company will process a refund only where all of the following conditions are satisfied: • Duplicate Payment: The User was charged more than once for the same billing period and the same subscription plan due to a technical error attributable to the Platform or its payment processor; OR • Failed Transaction Without Service: A payment was successfully debited from the User's account but no corresponding access to paid features was activated or provided, and the failure is demonstrably attributable to the Platform; OR • Proven Unauthorised Transaction: The User can demonstrate, to the Company's reasonable satisfaction, that the transaction was made without the User's authorisation and was not the result of the User's failure to maintain the security of their account credentials; OR • Complete Platform Failure: The Platform was entirely non-functional and inaccessible for a continuous and uninterrupted period of not less than seventy-two (72) hours during a paid billing period, the failure was directly attributable to the Company's own infrastructure and not to any third-party provider, force majeure event, or the User's own systems, and the Company has confirmed the failure in writing. In all cases, the following procedural requirements must be met: • the refund claim must be submitted in writing to hello@clairvyn.com within seven (7) calendar days of the date on which the relevant transaction or failure occurred; • the claim must include full documentary evidence supporting the basis of the claim, including transaction references, screenshots, and any other relevant documentation; and • the claim must be verified by the Company through its internal review process. Approved refunds will be processed within seven (7) to ten (10) business days of written approval and will be credited exclusively to the original payment method used for the transaction. Refunds will not be issued in cash or by any other payment method. 7.9 Chargeback Policy Where a User initiates a chargeback, payment dispute, or reversal with their bank, card issuer, or payment processor in respect of a fee paid to the Company, without first submitting a refund claim to the Company in accordance with Section 7.8 and receiving a written denial, the Company shall be entitled to: (a) immediately suspend the User's account pending resolution of the dispute; (b) permanently terminate the User's account if the chargeback is not withdrawn; and (c) recover from the User all costs, fees, penalties, and expenses incurred by the Company as a direct or indirect result of the chargeback, including chargeback fees levied by the payment processor, administrative costs, and reasonable legal fees. A chargeback initiated without a valid legal basis as set out in Section 7.8 shall constitute a material breach of these Terms. 8. Data, Privacy, and Retention 8.1 Privacy Policy The collection, processing, storage, and transfer of personal data in connection with your use of the Platform is governed by the Company's Privacy Policy, which is incorporated into these Terms by reference and forms an integral part of the agreement between you and the Company. By accepting these Terms, you confirm that you have read and understood the Privacy Policy. In the event of any conflict between these Terms and the Privacy Policy on a matter of data processing, the Privacy Policy shall prevail. 8.2 Data Retention – Express Statement The following provisions govern the retention of data on the Platform and constitute a material and integral part of the User's agreement with the Company: • Deletion of Chats and Outputs from the User Interface: Where the Platform provides a feature permitting the User to delete a conversation, chat history, project, or Output from their account view, such deletion removes the relevant data only from the User's interface and account view. It does not result in the deletion of that data from the Company's backend systems, servers, databases, logs, or backups. • Indefinite Backend Retention: All User Inputs, Outputs, prompt data, metadata, usage logs, and associated records are stored on the Company's backend infrastructure (hosted on Amazon Web Services) for an indefinite period, unless and until the Company determines, in its sole discretion, to anonymise, aggregate, or delete such data, or unless applicable law expressly requires deletion. • Purposes of Retention: Retained data may be used for the following purposes: (i) security, fraud prevention, and abuse detection, including – currently and in the future – IP address logging, device fingerprinting, and behavioural analysis; (ii) compliance with applicable law and regulation; (iii) enforcement of these Terms and resolution of disputes; (iv) Platform analytics, product development, and feature improvement; (v) training, testing, and improving the Company's AI models, in de-identified and anonymised form; and (vi) anonymised commercial data partnerships, as described in Section 8.3. • Anonymisation and Aggregation: The Company may, at its discretion, anonymise or aggregate retained data. Once data has been anonymised to a standard where it is no longer reasonably attributable to a specific individual, it is no longer subject to personal data deletion obligations under applicable law and may be retained and used for any lawful purpose by the Company indefinitely. • Deleted Content May Still Be Used: Data that has been removed from the User's interface view may still be retained on the backend and used for the purposes set out above, including AI model improvement and data partnerships, provided it is used in anonymised and aggregated form only. 8.3 Anonymised Data Partnerships The Company may, currently or in the future, enter into commercial data partnership arrangements with third parties under which anonymised and aggregated data derived from the Platform is shared with or licensed to such third parties for research, analytics, AI development, or other commercial purposes. No data shared under such arrangements will be attributable to any individual User. The Company will ensure that any such arrangement is consistent with applicable data protection law, including the Digital Personal Data Protection Act, 2023 (DPDPA) and, where applicable, the General Data Protection Regulation (GDPR). 8.4 Third-Party AI Providers The Platform utilises one or more third-party AI providers (which may include, without limitation, Google Gemini API or other providers as updated by the Company from time to time) to process User Inputs and generate Outputs. By using the Platform, you expressly consent to the transmission of your User Inputs to such third-party AI providers for the purpose of generating Outputs. The Company does not control the internal data handling, retention, or processing practices of third-party AI providers and accepts no liability for the acts or omissions of any such provider in respect of User data transmitted for the purpose of generating Outputs. You should consult the applicable third-party provider's terms and privacy policy for information regarding their data processing practices. 8.5 User Rights and Deletion Requests Users do not have an unconditional right to require the deletion of their personal data from the Company's backend systems. Deletion rights are subject to applicable law, including the DPDPA, and are limited by the Company's legitimate interests in retaining data for the purposes set out in Section 8.2, including security, fraud prevention, legal compliance, and enforcement. Where applicable law requires the Company to delete specific personal data upon a valid request, the Company will comply to the extent required by law. Deletion of personal data from live systems will not necessarily result in deletion from backup systems, audit logs, or anonymised datasets. 8.6 Future Tracking Capabilities The Company reserves the right to implement, currently or in the future, additional data collection capabilities including but not limited to IP address logging, device fingerprinting, browser fingerprinting, and behavioural tracking, for the purposes of fraud detection, abuse prevention, security, and enforcement of these Terms. Such capabilities will be implemented in accordance with the Company's Privacy Policy and applicable law. 9. Disclaimers and Limitation of Liability 9.1 Platform Provided As Is TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL OUTPUTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND RELIABILITY. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE WITHOUT INTERRUPTION, THAT IT WILL BE FREE FROM ERRORS OR DEFECTS, OR THAT ANY DEFECT WILL BE CORRECTED. 9.2 Exclusion of Consequential and Indirect Loss TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLAIRVYN PRIVATE LIMITED OR ANY OF ITS DIRECTORS, OFFICERS, FOUNDERS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR AGENTS BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY NATURE, REGARDLESS OF THE CAUSE OF ACTION AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS; LOSS OF REVENUE; LOSS OF BUSINESS OR OPPORTUNITY; LOSS OF GOODWILL; LOSS OF ANTICIPATED SAVINGS; LOSS OF DATA, DESIGNS, OR OUTPUTS; BUSINESS INTERRUPTION; PHYSICAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM CONSTRUCTION OR USE OF A STRUCTURE BASED ON AN OUTPUT; FINANCIAL LOSS ARISING FROM RELIANCE ON AN OUTPUT; EMOTIONAL DISTRESS OR REPUTATIONAL HARM; AND THIRD-PARTY CLAIMS ARISING FROM THE USER'S USE OF AN OUTPUT. 9.3 Cap on Direct Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO THE USER FOR ALL CLAIMS OF ANY NATURE ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR THE USER'S USE OF THE PLATFORM – WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE – SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY THE USER TO THE COMPANY IN THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) INDIAN RUPEES ONE THOUSAND (INR 1,000). IN THE CASE OF A FREE-TIER USER WHO HAS MADE NO PAYMENT TO THE COMPANY, THE COMPANY'S TOTAL LIABILITY IS CAPPED AT INR 1,000. 9.4 Essential Basis of the Agreement The User acknowledges that the limitations and exclusions of liability set out in Sections 4.4, 4.5, 9.1, 9.2, and 9.3 reflect a fair and reasonable allocation of commercial risk between the parties, that the Company would not have made the Platform available on its current terms without these protections, and that these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy provided herein. 9.5 Mandatory Statutory Rights Nothing in these Terms excludes, limits, or modifies any liability that cannot be excluded, limited, or modified under applicable Indian law, including the Consumer Protection Act, 2019, the Information Technology Act, 2000, or the DPDPA, to the extent that such liability cannot be contractually excluded. To the extent any statutory protection cannot be excluded, it is limited to the maximum extent permitted by law. 10. Indemnification You agree to indemnify, defend, and hold harmless Clairvyn Private Limited and its officers, directors, founders, employees, contractors, and agents (collectively, "Indemnified Parties") from and against any and all claims, demands, proceedings, liabilities, damages, losses, costs, and expenses, including reasonable legal fees and court costs, arising out of or in connection with: (a) your use of the Platform or any Output, including any professional, commercial, or construction use you make of any Output; (b) any third-party claim arising from your reliance on or use of any Output; (c) your violation of any provision of these Terms or any applicable law or regulation; (d) your User Inputs, including any claim that your inputs infringe the intellectual property, privacy, or other rights of a third party; (e) any misrepresentation you make to a third party regarding the nature, accuracy, professional validity, or regulatory compliance of any Output; and (f) your violation of any third-party right. The Company reserves the right to assume exclusive control of the defence and settlement of any matter subject to indemnification by you, at your expense. 11. Term and Termination These Terms take effect upon your first access to the Platform and continue in effect until terminated. The Company may suspend or permanently terminate your access to the Platform immediately and without prior notice if: (a) you breach any provision of these Terms; (b) the Company is required to do so by applicable law or regulatory order; (c) the Company reasonably suspects fraudulent activity, abuse, or misuse of the Platform; or (d) the Company ceases to operate the Platform. You may terminate your account at any time by contacting hello@clairvyn.com. Upon termination of your account for any reason: (a) your right to access and use the Platform immediately and permanently ceases; (b) no refund, credit, or prorated fee will be issued for any prepaid and unused subscription period; (c) all outstanding fees, charges, or amounts owed to the Company remain due and payable immediately and survive termination; and (d) the Company will handle your personal data in accordance with its Privacy Policy and Section 8 of these Terms, including continuing to retain data on the backend as described therein. Provisions of these Terms that by their nature survive termination, including Sections 4.4, 4.5, 5, 7.7, 7.9, 8, 9, 10, 13, and 14, shall continue in full force and effect following any termination or expiry. 12. Modifications to Terms The Company reserves the right to modify these Terms at any time. Material modifications will be notified to registered Users by email to their registered address and by a notice on the Platform not less than seven (7) days before the effective date of the modification. Non-material clarifications or corrections may take effect immediately. Your continued use of the Platform after the effective date of any modification constitutes your irrevocable acceptance of the modified Terms. If you do not accept a material modification, your sole remedy is to discontinue use and terminate your account. 13. Enterprise Agreements Certain users, including institutional clients, enterprise customers, or users accessing the Platform pursuant to a separately executed commercial agreement ("Enterprise Agreement"), may be subject to terms that differ from or supplement these Terms. In the event of any conflict between an Enterprise Agreement and these Terms, the Enterprise Agreement shall prevail to the extent of the conflict, unless the Enterprise Agreement expressly provides otherwise. Users subject to an Enterprise Agreement should refer to that agreement for the terms governing their access to the Platform. 14. Governing Law and Dispute Resolution These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or in connection with these Terms or the User's use of the Platform shall first be submitted to good-faith negotiation between the parties for a period of thirty (30) days from the date of written notice of the dispute. If the dispute is not resolved through negotiation within that period, it shall be subject to the exclusive jurisdiction of the competent courts at Chennai, Tamil Nadu, India. The User irrevocably submits to the personal jurisdiction of such courts for the purposes of these Terms. 15. General Provisions 15.1 Entire Agreement These Terms, together with the Privacy Policy and any applicable Enterprise Agreement, constitute the entire agreement between the User and the Company with respect to the Platform and supersede all prior agreements, representations, warranties, and understandings, whether written or oral. 15.2 No Reliance on External Representations The User confirms that in entering into these Terms, the User has not relied on any representation, statement, assurance, or warranty made by or on behalf of the Company other than as expressly set out in these Terms. 15.3 Severability If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable under applicable law, that provision shall be severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect without modification. The parties agree that the severed provision shall be replaced by a valid provision that, to the greatest extent possible, achieves the same commercial and legal effect as the severed provision. 15.4 Waiver The Company's failure to enforce any right or provision of these Terms on any occasion shall not constitute a waiver of that right or provision and shall not prevent the Company from enforcing that right or provision on any future occasion. 15.5 Assignment The User may not assign or transfer any right or obligation under these Terms without the Company's prior written consent. The Company may assign its rights and obligations under these Terms in connection with a merger, acquisition, corporate restructuring, or sale of substantially all of its assets, without the User's consent. 15.6 Electronic Acceptance Acceptance of these Terms by electronic means, including by clicking an acceptance button, ticking a checkbox, or otherwise indicating acceptance through an electronic interface, is binding on the User to the same extent as a handwritten signature and constitutes a valid and enforceable agreement under the Information Technology Act, 2000 and the Indian Contract Act, 1872. 15.7 Force Majeure The Company shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by events beyond the Company's reasonable control, including acts of God, natural disasters, epidemic, pandemic, war, civil unrest, governmental action, regulatory restriction, telecommunications failure, or third-party infrastructure outage. 16. Contact For all inquiries relating to these Terms, including refund requests, data rights requests, and compliance queries, please contact: Email hello@clairvyn.com Address No.136/1, No.8/9, Parvallal Street, Murugappa Nagar, Ennore RS, Ambattur, Tiruvallur – 600057, Tamil Nadu, India Website www.clairvyn.com