Privacy & Terms

Overview. Subject to these Terms, Dotpe gives Merchant permission to use the Services, (“Users”).

Third Party Features. Merchant acknowledges that Dotpe may elect (in its sole discretion) to use features, services or other content made available by third parties to Merchant through the Services (“Third Party Features”). Customer acknowledges and agrees that for Third Party Features, Dotpe is not responsible. Merchant hereby provides its consent to Dotpe to appoint, terminate, modify and substitute third-party vendors/service providers and further undertakes to adhere to the terms and conditions (if any) stipulated by said third parties, to the extent attributable to the Merchant.

Feedback. If Merchant provides (in its sole discretion) Dotpe with feedback regarding the Services, Dotpe may use that feedback at its own risk and without obligation to Merchant.

As between the parties and to the extent permitted by applicable law, Dotpe agrees that Merchant (a) retains all rights to its Inputs, and (b) owns its Outputs. Dotpe shall have the right to the Merchant Content under these Terms. Subject to Merchant’s compliance with these Terms, Dotpe hereby shall be entitled to Merchant right, title and interest (if any) in and to Outputs. “Inputs” means submissions to the Services by Merchant or its Users and “Outputs” means responses generated by the Services to Inputs (Inputs and Outputs together are “Merchant Content”).

Data submitted through the Services will be processed in accordance with applicable law.

Compliance. Each party will comply with all applicable laws, including any applicable data privacy laws.

Policies and Service Terms. Merchant and its Users may only use the Services in compliance with these Terms. Merchant must cooperate with reasonable requests for information from Dotpe to support compliance with applicable laws and Dotpe policies, including to verify Merchant’s identity and use of the Services.

Limitations of Outputs; Notice to Users. It is Merchant’s responsibility to evaluate whether Outputs are appropriate for Merchant’s use case, including where human review is appropriate, before using or sharing Outputs. Merchant acknowledges, and must notify its Users, that factual assertions in Outputs should not be relied upon without independently checking their accuracy, as they may be false, incomplete, misleading or not reflective of recent events or information. Merchant further acknowledges that Outputs may contain content inconsistent with Dotpe’s views.

Use Restrictions. Merchant may not and must not attempt to (a) access the Services to build a competing product or service, including to train competing AI models or resell the Services except as expressly approved by Dotpe; (b) reverse engineer or duplicate the Services; or (c) support any third party’s attempt at any of the conduct restricted in this sentence.

Service Account. Merchant is responsible for all activity under its account. Merchant will promptly notify Dotpe if Merchant believes the account it uses to access the Services has been compromised or is subject to a denial of service or similar malicious attack that may negatively impact the Services.

Restrictions. Merchant shall use the Services only for lawful, ethical, non-violent, non-destructive and such similar purposes. Any attempt to generate or promote harmful, abusive, fraudulent, illegal, violent, destructive, or unsafe content or activities may result in restriction and/or flagging, at Dotpe’s sole discretion.

Except as expressly stated in these Terms, these Terms do not grant either party any rights to the other’s content or intellectual property, by implication or otherwise. However, ownership of all the intellectual property rights created and/or developed pursuant to the Services, including any material/right created and/or developed by the Merchant for the performance of Services, shall solely vest with Dotpe.

Dotpe may use Merchant’s name and logo to publicly identify Merchant as a customer of the Services. Merchant will consider in good faith any request by Dotpe to (1) provide a quote from a Merchant executive regarding Merchant’s motivation for using the Services that Dotpe may use publicly and (2) participate in a public co-marketing activity.

The Services are being released for limited purposes currently. Fees to be as per mutual agreement between the Parties.

Term. These Terms start on the Effective Date and continue until terminated (the “Term”).

Effect of Termination. Upon termination, Merchant may no longer access the Services. The following provisions will survive termination or expiration of these Terms: (a) Sections F (Publicity), H (Termination and Suspension), I (Disputes), J (Indemnification), K.2 (Disclaimer of Warranties), and L (Miscellaneous); (b) any provision or condition that must survive to fulfill its essential purpose.

Disputes. In the event of a dispute, claim or controversy relating to these Terms (“Dispute”), the parties will first attempt in good faith to informally resolve the matter. The party raising the Dispute must notify the other party (“Dispute Notice”). The other party will respond to the Dispute Notice in a timely manner. If the parties have not resolved the dispute within 45 days of delivery of the Dispute Notice, either party may seek to resolve the dispute through arbitration as stated in Section I.2 (Arbitration).

Arbitration. Any Dispute will be determined in English by final, binding arbitration according to the Arbitration and Conciliation Act, 1996 as amended from time to time.

Equitable Relief. This Section I (Disputes) does not limit either party from seeking equitable relief.

Claims Against Dotpe. Merchant shall defend and hold harmless Dotpe and its director, officers, employees, agents, personnel, successors, and assigns from and against any Dotpe Claim (as defined below) and indemnify them for: (a) any wrongful or negligent act or omission of the Merchant; (b) any breach of Merchant’s obligations or warranties under this Agreement; (c) any breach of applicable law, rules, regulations, legal requirements by the Merchant, and (d) any Dotpe Claim. “Dotpe Claim” means any third-party claim, demand, actions, liabilities, suit, costs and damages incurred or suffered or proceeding related to Merchant or its Users’ (a) Inputs or other data provided by Merchant, or (b) use of the Services in violation of Terms.

The rights, powers, privilege and remedies provided in this Clause are cumulative and not exclusive of any rights, powers, privileges or remedies provided by law.

Exclusions. Dotpe shall not be liable for: (a) modifications made by Merchant to the Services or Outputs; (b) the combination of the Services or Outputs with technology or content not provided by Dotpe; (c) Inputs or other data provided by Merchant; (d) use of the Services or Outputs in a manner that Merchant knows or reasonably should know violates or infringes the rights of others; (e) the practice of a patented invention contained in an Output; or (f) an alleged violation of trademark based on use of an Output in trade or commerce.

Process. Dotpe must promptly notify Merchant of the relevant Dotpe Claim and will reasonably cooperate in the defence. Dotpe will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires Merchant that it admit wrongdoing or liability or subjects it to an ongoing affirmative obligation.

Warranties. Each party represents and warrants that (a) it is authorized to enter into these Terms; and (b) entering into and performing these Terms will not violate any of its corporate rules, if applicable. Merchant further represents and warrants that it has all rights and permissions required to submit Inputs to the Services including rights and permissions required as per applicable law.

Disclaimer of Warranties. EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW (A) THE SERVICES AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND; AND (B) DOTPE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD-PARTY PRODUCTS OR SERVICES, INCLUDING THIRD-PARTY INTERFACES. DOTPE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING OR PERFORMANCE, OR TRADE USE. DOTPE DOES NOT WARRANT, AND DISCLAIMS THAT, THE SERVICES OR OUTPUTS ARE ACCURATE, COMPLETE OR ERROR-FREE OR THAT THEIR USE WILL BE UNINTERRUPTED. REFERENCES TO A THIRD PARTY IN THE OUTPUTS MAY NOT MEAN THEY ENDORSE OR ARE OTHERWISE WORKING WITH DOTPE.

Notices. All notices, demands, waivers, and other communications under these Terms (each, a "Notice") must be in writing. Any Notices provided under these Terms may be delivered electronically to the address provided by Dotpe or to legal@dotpe.in. Notice is effective only: (a) upon receipt by the receiving party, and (b) if the party giving the Notice has complied with all requirements of this Section M.1 (Notices).

Amendment and Modification. Dotpe may update these Terms at any time. No other amendment to or modification of these Terms is effective unless it is in writing and signed by both parties. Failure to exercise or delay in exercising any rights or remedies arising from these Terms does not and will not be construed as a waiver; and no single or partial exercise of any right or remedy will preclude future exercise of such right or remedy.

Assignment and Delegation. Neither party may assign its rights or delegate its obligations under these Terms without the other party’s prior written consent, except that Dotpe may assign its rights and delegate its obligations to an affiliate or as part of a sale of all or substantially all its business. Any purported assignment or delegation is null and void except as permitted above.

Severability. If a provision of these Terms is held invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability will neither affect any other term or provision of these Terms nor invalidate or render unenforceable such term or provision. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties will negotiate in good faith to modify these Terms to reflect the parties’ original intent as closely as possible.

Governing Law; Venue. The Terms shall be governed, construed, interpreted in all respects and given effect to by the laws of India. Subject to the below, the courts at Gurugram, Haryana shall have exclusive jurisdiction on the matters arising from or in connection with the Terms.

Export and Sanctions. Merchant may not export or provide access to the Services to persons or entities or into countries or for uses where it is prohibited under applicable law.

Integration. These Terms constitute the parties’ entire understanding as to the Services’ provision and use. These Terms supersede all other understandings or agreements between the parties regarding the Services.

Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.