IMPORTANT – PLEASE READ CAREFULLY

THIS END USER LICENSE AGREEMENT (“EULA”)is a legally binding agreement between you (“User” or “you”) and Agent Ai Technologies Private Limited (“Company,” “we,” “our,” or “us”) for the use of our software through internet web (currently located at the domain name https://agentai.co.in/) or its associated android and iOS applications named Agent Ai (collectively the “App”), including any associated services, updates, and features provided by us.

By downloading, installing, or using the App, you agree to be bound by the terms of this EULA. If you do not agree to these terms, do not download, install, or use the App.

This document is an electronic record as defined under 2(t) of the Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

By clicking on the “I ACCEPT” button, you are consenting to be bound by the terms mentioned herein for using the App.

PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THE TERMS HEREIN BEFORE YOU USE THE APP.

If you do not accept any of these terms, then please do not use the App or avail any of the services being provided therein. YOUR AGREEMENT TO THESE TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY IN RESPECT OF THE APP AND THE ASSOCIATED SERVICES.

1. LICENSE GRANT AND RESTRICTIONS:

1.1 Subject to your compliance with the terms of this EULA, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on a compatible device owned or controlled by you, solely for your personal, non-commercial use.

1.2 If you are an entity, the Company grants to you a personal, a limited, non-exclusive, non-transferable, revocable license to install and use the App, provided that for each individual using the App within your organization, you have acquired a separate and valid license for each of such individual.

1.3 Restrictions: You shall note:

1.4 Prohibited Activities You are strictly prohibited from engaging in activities that compromise the integrity and functionality of the App. Such activities include, but are not limited to:

Scraping and Data Mining: Automated extraction or collection of data from the App, including but not limited to, web scraping, data mining, or any other form of data extraction without prior written consent. Deploying Bots and Automated Tools: Use of any automated system, including but not limited to, bots, spiders, or scripts to access, monitor, or interact with the website for any purpose, including but not limited to, circumventing security measures, harvesting data, or manipulating content.

1.5 No Abuse: You agree not to misuse or abuse the App and its services, including but not limited to attempting to bypass security measures, engaging in unauthorized access, or using the App for any illegal or harmful activities. The Company reserves the right to suspend or terminate your access to the App if you are found to be abusing the App and associated services, and you may be held liable for any damages or legal consequences resulting from such actions.

2. FEATURES AND SERVICES:

2.1 Digital Fraud Protection:

2.2 Detect Fraud Caller: Detect and prevent possible fraud calls before damage is done.

2.3 Detect Fraud SMS: Scans and captures suspected SMS that may carry a phishing link or other threats.

2.4 Detect Malicious URL: URL scan in advance for safety so that they will be safe.

2.5 Detect Fraud Email: Email analysis is used to detect phishing and other email-inherent threats.

2.6 Digital Interaction Protection:

2.7 Check Person Identity: Check the person's identity using documents such as Aadhaar, PAN, UPI, Driving License, and more.

2.8 Check Company Identity: Verify the companies you interact with to ensure their genuineness.

2.9 Digital Device Protection:

2.10 Scan Apps: Identify apps that might be sensitive and threaten your security and, in turn, curb those.

2.11 Scan Device: In-depth scanning of your device to find possible vulnerabilities.

2.12 Leak Detection: It checks for probable data leaks of your personal information and immediately acts to eliminate risk.

2.13 Cyber Insurance Protection:

2.14 Cover against Digital Theft of Funds and Identity Theft upto INR 5 Lac

2.15 Cover unauthorized access to your Bank Account, Credit/Debit Card or Mobile wallet.

2.16 Protects financial losses due to Phishing and email Spoofing.

2.17 Covers extends to protect you against any direct financial losses resulting from Identity Theft.

2.18 Digital Theft and Identity Theft cover are provided under ICICI Lombard General Insurance Company’s I-Elite Group Cyber Liability Insurance.

The Company reserves the right to include new features and services from time to time. You shall be informed in advance before launch of any new feature or service along with terms to access such new products/services.

3 USER RESPONSIBILITIES:

3.1 Compliance with Laws: You agree to use the App in compliance with all applicable laws and regulations in India.

3.2 Security: You are responsible for maintaining the confidentiality of your device and any credentials used to access the App. You agree to notify the Company immediately of any unauthorized use of the App or any other breach of security.

3.3 Personal Use Only: You may not use the App for commercial purposes, nor may you distribute, sublicense, or transfer the App to others.

3.4 Prohibited Conduct: You shall not engage in any conduct that could damage, disable, overburden, or impair the App or interfere with any other party’s use of the App.

3.5 Service Exclusions: The App and its services are primarily intended for the residents of India. Specifically, if you are a resident of California, USA; Nigeria; South Africa; or Brazil, you are prohibited from accessing or using the App irrespective of your physical location, and any attempt to do so is in violation of this EULA.

4 INTELLECTUAL PROPERTY:

4.1 Ownership: The App, including all content, features, and functionality (such as information, software, text, displays, images, video, and audio, is owned by the Company, its licensors, or other providers of such material and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 No Rights Granted: Except for the limited license expressly granted herein, you are not granted any other rights, titles, or interests in the App or any intellectual property rights owned by the Company. All intellectual property rights in and to the App, including but not limited to all software, content, and other materials, are owned by or licensed to us. You do not acquire any ownership rights by using the App.

5 FREEMIUM AND PREMIUM ACCESS:

5.1 Freemium Model: The App is offered on a freemium basis, which means that certain features and functionalities of the App are provided to you free of charge (“Free Features”), while other features and functionalities are available only through a paid subscription or one-time purchase (“Premium Services”).

5.2 Free Features: You may use the Free Features of the App without payment. However, the Company reserves the right to modify, limit, or discontinue any Free Features at any time without notice or liability towards you at its own discretion.

5.3 Premium Services: Access to Premium Services requires payment of a subscription fee or one-time fee, as applicable. The pricing terms for Premium Services are provided within the App and may vary based on your location or selected plan. Certain third-party products including insurance covers may be provided as part of Premium Services at no additional charge to you at the discretion of the Company. ICICI Lombard General Insurance Company’s I-Elite Group Cyber Liability Insurance is providing the insurance policy to Such third-party products and services and any terms with respect to such insurance are governed by terms of service framed by the such Insurance company and/or any third-party service providers on whom we have no control , the terms of such Insurance policy is detailed in Annexure A hereunder. We shall in no way be a party to any such claims or concerns regarding such insurance related and/or third-party products/services. We shall provide you with a link to such third-party terms of services on our product page. You are advised to go through those terms carefully and approach the concerned service provider in case of any queries.

5.4 Billing and Payment: If you choose to purchase Premium Services, you agree to pay all applicable fees and charges incurred in connection with your account, including taxes, at the rates in effect when the charges were incurred. All payments are non-refundable, except as required by applicable law.

5.5 Subscription Auto-Renewal: If you purchase a subscription to Premium Services, your subscription will automatically renew at the end of the applicable subscription period unless you cancel your subscription prior to the renewal date. You will be charged the subscription fee at the rate in effect at the time of renewal, plus any applicable taxes. You may cancel the auto-renewal of your subscription at any time through the App’s account settings or by contacting customer support.

5.6 Changes to Premium Services: The Company reserves the right to change the pricing, features, or availability of Premium Services at any time. Any changes to the subscription fee will be effective upon the renewal of your subscription.

5.7 Automatic Renewal (Applicable Only For In-App Purchases Or Renewals): If you have purchased or renewed the Software through an in-app purchase, by providing your payment information (credit card, debit card, or other payment method) to the payment gateway aggregator, you authorize AgentAi or the authorized payment gateway aggregator to charge your selected payment method for the initial purchase amount and any subsequent subscription renewals. Unless you choose to opt out of automatic renewal, your paid subscription will automatically renew at the end of its term. We will notify you via email seven (7) days before your subscription expires.

At the time of renewal, you will be charged the then-current price for the Software, which may differ from the price of your current subscription term. You can disable auto-renewal at any time by clicking the opt-out link in the subscription email or by accessing the product settings and selecting Support > Customer Support. To avoid being charged, you must turn off auto-renewal at least seventy-two (72) hours before your subscription expires.

5.8 Trial Periods: From time to time, the Company may offer trial periods for certain Premium Services. If you participate in a trial period, you agree to be bound by the terms and conditions of the trial offer. Upon the expiration of the trial period, you will be automatically enrolled in the corresponding Premium Service at the applicable rate unless you cancel before the trial period ends.

5.9 Multiple Payment Gateways: The Company utilizes various third-party payment gateways and processors to facilitate transactions related to the App, including but not limited to the payment of Premium Services, subscriptions, and other fees.

5.10 Third-Party Terms: By making a payment through any of the payment gateways integrated with the App, you agree to comply with the terms and conditions of the respective payment gateway provider. These third-party terms are separate from and in addition to this EULA, and the Company is not responsible for the content, privacy practices, or terms and conditions of these third-party payment providers.

5.11 Authorization and Compliance: You authorize the Company and the relevant payment gateway provider to charge the credit, debit cards or other payment method you provide for any fees incurred in connection with your use of the App. You agree to comply with all applicable laws and regulations regarding your transactions through these payment gateways. By providing your debit card, credit card or other banking information for payment of any fees related to the App, you represent and warrant that you are the legitimate owner of such information and banking details, or that you have the express authorization from the owner to use the banking details for such payments.

5.12 No Fraudulent Use: You agree not to use any credit, debit card or other payment method that you do not have the legal right to use. You further agree that you will not engage in any form of credit or debit card fraud, including but not limited to “carding” (the unauthorized use of a credit or debit cards), in connection with your use of the App.

5.13 Liability for Unauthorized Transactions: You are responsible for all charges incurred under your account, including unauthorized transactions that occur as a result of your failure to safeguard your payment information. The Company is not liable for any loss or damage arising from the unauthorized use of your payment information, unless such use is a result of the Company's negligence.

5.14 Notification of Unauthorized Use: You agree to notify the Company immediately if you become aware of any unauthorized use of your credit card or account information in connection with the App.

6 PRIVACY POLICY AND DATA COLLECTION:

6.1 Privacy Policy: Your use of the App is subject to our Privacy Policy, which is incorporated by reference into this EULA. By using the App, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

6.2 Data Collection: The App may collect information about your use of the App, device, and operating system for the purpose of improving the App’s performance and user experience. This information may include, but is not limited to, technical data, error reports, and usage statistics. Your use of the App is also governed by our Privacy Policy, which is hereby incorporated into this EULA by reference. Please review the Privacy Policy to understand how we collect, use, and protect your information.

6.3 You hereby, authorize us or any third-party vendor appointed by us to process the Information obtained for the sake of providing the Service.

6.4 Further, in the event the Information you provide is the personal information or Personal Information other than your’s, you hereby represent and warrant that the consent towards sharing such Personal Information not pertaining to you, has been explicitly taken by you and that you have right and authorization to share such information with us. We shall not be liable to any claims or suits arising out of processing such Information, and you shall indemnify us towards such claims, suits, or disputes.

7 UPDATES AND MODIFICATIONS:

7.1 Updates: The Company may, from time to time, provide updates, upgrades, patches, or other modifications to the App (“Updates”). You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the App.

7.2 Automatic Updates: The App may automatically download and install Updates from time to time without further notice to you. These Updates are designed to improve, enhance, and further develop the App and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions.

8 TERMINATION

8.1 Termination by You: You may terminate this EULA by uninstalling the App from your device and ceasing to use the App.

8.2 Termination by Company: The Company may terminate this EULA at any time, with or without cause, with or without notice. Upon termination, you must cease all use of the App and destroy all copies of the App in your possession.

8.3 Effect of Termination: Upon termination of this EULA for any reason, the rights and licenses granted to you under this EULA will immediately terminate, and you shall cease all use of the App. Provisions herein which by their nature are intended to survive the termination shall survive the termination or expiry (including the Sections 3, 4, 8, 9, 10, 11, and 12 of this EULA).

9 DISCLAIMER OF WARRANTIES

9.1 AS IS: THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 No Warranty: The Company does not warrant that the App will be uninterrupted, error-free, or free of harmful components, or that any errors or defects will be corrected. The Company makes no representations or warranties about the accuracy, completeness, or reliability of any information or content provided through the App. The App is provided on an “AS IS” and “AS AVAILABLE” basis. We make no warranties, express or implied, regarding the App’s performance, reliability, or suitability for your needs. We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.3 The Company is not liable for any disruptions or unavailability of the App due to internet outages or connectivity issues. While the App includes protection against viruses and malware, the Company does not guarantee that it will be free from all threats or vulnerabilities. You are responsible for maintaining your own security measures, and the Company shall not be held responsible for any damage to your data or devices.

10 LIMITATION OF LIABILITY:

10.1 NO LIABILITY FOR DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 CAP ON LIABILITY: IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS EULA EXCEED THE AMOUNT PAID BY YOU FOR THE APP, IF ANY, IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

11 INDEMNIFICATION:

11.1 You agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors, and service providers, and each of their respective officers, directors, employees, agents, and contractors, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this EULA or your use of the App, including, but not limited to, any use of the App’s content, services, and products other than as expressly authorized in this EULA.

12 ENTIRE AGREEMENT:

12.1 This EULA constitutes the entire agreement between you and the Company with respect to the App and supersedes all prior or contemporaneous understandings regarding such subject matter.

12.2 The Company reserves the right to modify or update this EULA at any time. Any changes will be effective immediately upon posting the updated EULA within the App or on our website. Your continued use of the App following any such changes constitutes your acceptance of the new terms. It is your responsibility to review the EULA periodically to stay informed of any updates.

13 SEVERABILITY:

13.1 If any provision of this EULA is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remaining provisions of this EULA shall continue in full force and effect. The invalidity, illegality, or unenforceability of any provision shall not affect any other provisions of this EULA, and the EULA shall be construed as if the invalid, illegal, or unenforceable provision had never been included.

14. GOVERNING LAW:

14.1 This EULA shall be governed by and construed in accordance with the laws of India. Any disputes arising under or in connection with this EULA shall be subject to the exclusive jurisdiction of the courts located in Mumbai, India. You represent that you are of the legal age of majority (i.e., 18 years currently as per laws of India) and, if you represent body corporate, you represent that you are duly authorized to represent and bound the body corporate by your actions.

15. CONTACT INFORMATION:

15.1 If you have any questions or concerns about this EULA, please contact us at [email protected].