Terms of Service

Effective Date: December 01, 2025

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ScaleWalk Private Limited ("Company," "we," "us," or "our"). By accessing or using our AI-powered Platform, APIs, and tools (including Video-Gen, Code-Gen, and Deep Research), you acknowledge that you have read, understood, and agreed to be bound by these Terms.

1. INTERMEDIARY STATUS & SAFE HARBOR (IT ACT & DSA)

1.1. Status

In accordance with Section 79 of the Information Technology Act, 2000 (India) and the EU Digital Services Act (DSA), the Company acts as an Intermediary. We provide a platform for the generation of content via artificial intelligence but do not initiate the transmission, select the receiver, or select/modify the information contained in the transmission.

1.2. No Proactive Monitoring

We do not proactively monitor User-generated inputs or AI-generated outputs. We claim full immunity and "Safe Harbor" from liability for any third-party content or AI-generated content to the maximum extent permitted by law.

2. SERVICES & ELIGIBILITY

2.1. AI Tools

The Platform provides tools for generative media (Video-Gen), software development (Code-Gen), and automated data synthesis (Deep Research).

2.2. Eligibility

You must be at least 18 years of age. You represent that your use of the Platform does not violate any laws in your jurisdiction.

2.3. AI Regulations

You agree to comply with the EU AI Act, ensuring no use of the Platform for prohibited practices (e.g., biometric categorization or social scoring).

3. INTELLECTUAL PROPERTY & CONTENT

3.1. User Inputs

You retain ownership of the prompts and data you provide. You warrant that you have the legal right to upload such data.

3.2. AI Outputs

Subject to your compliance with these Terms, we assign to you all rights and interests in the outputs generated. However, the Company makes no guarantee that outputs will not inadvertently resemble existing copyrighted works. The risk of copyright infringement rests solely with the User.

3.3. Mandatory Disclosure

For Video-Gen, you must comply with transparency requirements (EU AI Act & India IT Rules 2025) by disclosing that content is "AI-Generated" or a "Deepfake" where applicable.

4. PAYMENTS & RBI COMPLIANCE

4.1. Processor

Payments are handled via Razorpay. By using the Platform, you agree to comply with Razorpay's terms and RBI regulations.

4.2. Data Localization

In compliance with RBI mandates, all payment-related data is stored on servers located within India.

4.3. Refunds

Subscription fees are generally non-refundable as per our Refund Policy.

5. PROHIBITED CONDUCT

You are strictly prohibited from:

  • Generating non-consensual sexual content or malicious "Deepfakes."
  • Using Code-Gen for malware creation or unauthorized hacking.
  • Using Deep Research to spread state-sponsored misinformation or manipulate financial markets.
  • Reverse-engineering our AI models or sub-processors (e.g., Fal, AWS).

6. COMPREHENSIVE INDEMNITY (LEGAL SAFEGUARD)

6.1. General Indemnity

You agree to indemnify, defend, and hold harmless ScaleWalk Private Limited, its directors, officers, employees, and affiliates from and against any and all claims, damages, losses, liabilities, costs, or expenses (including attorney's fees) arising from:

  • (i) Your use of the Platform;
  • (ii) Any content (Video, Code, or Research) generated by you that violates third-party intellectual property or privacy rights;
  • (iii) Your violation of the EU AI Act, GDPR, or India's DPDP Act;
  • (iv) Any legal action resulting from "Deepfakes" created by you.

7. LIMITATION OF LIABILITY

7.1. "As-Is" Basis

AI outputs may contain "hallucinations" or inaccuracies. We do not warrant the truthfulness of Deep Research or the security of Code-Gen.

7.2. Liability Cap

To the maximum extent permitted by law, the Company's total liability shall not exceed the amount paid by you to the Company in the three (3) months preceding the claim.

7.3. Third-Party Failures

We are not liable for outages caused by third-party vendors (AWS, Fal, Google Cloud).

8. DATA PRIVACY (GDPR & DPDP 2025)

8.1. Data Rights

Users in the EU and India have the right to access, correct, or erase their data.

8.2. Nomination

Under the India DPDP Act 2023/2025, you have the right to nominate an individual to exercise your data rights in the event of your death or incapacity.

8.3. Sub-processors

You acknowledge our use of sub-processors (AWS, Fal, etc.) governed by Data Processing Addendums (DPAs).

9. GOVERNING LAW & JURISDICTION

9.1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India.

9.2. Exclusive Jurisdiction

Any legal action, suit, or proceeding arising out of or relating to these Terms shall be instituted exclusively in the courts located in Gurgaon, Haryana, India. Both parties hereby waive any objection to the venue of such courts.

10. TERMINATION

We reserve the right to suspend or terminate your account immediately, without notice, for violations of these Terms, non-payment, or as required by regulatory authorities (RBI, EU AI Office).

11. CONTACT & GRIEVANCE REDRESSAL

For any issues or grievances, contact our designated officer:

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