Terms of Service

1. Definitions

• "Agreement" means these Terms of Service together with any Order Form, Statement of Work, or Enterprise Agreement executed between the parties.
• "Services" means the AI infrastructure platform, APIs, developer tools, and related products provided by ThinkMindLabs.
• "Customer" or "you" means the individual or legal entity accessing the Services.
• "Customer Data" means all data, content, or materials submitted to the Services by or on behalf of Customer.
• "Output" means results, content, or inferences generated by the Services in response to Customer inputs.
• "Confidential Information" means non-public information disclosed by either party that is designated as confidential or should reasonably be understood as such.

2. Account Registration and Access

To access the Services, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your API keys and account credentials
• All activity that occurs under your account, whether authorised by you or not
• Notifying us immediately at security@thinkmindlabs.com of any unauthorised access or security breach
• Ensuring all users accessing Services under your account comply with these Terms

We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

3. Permitted Use and Restrictions

3.1 Permitted Use

Subject to payment of applicable fees and compliance with these Terms, ThinkMindLabs grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business purposes.

3.2 Prohibited Activities

You must not use the Services to:

• Generate, distribute, or facilitate content that is illegal, harmful, defamatory, or infringes third-party intellectual property rights
• Develop weapons of mass destruction, bioweapons, cyberweapons, or tools designed to cause physical harm
• Create CSAM or any content that sexually exploits minors
• Conduct large-scale disinformation campaigns, election interference, or synthetic identity fraud
• Reverse-engineer, decompile, or attempt to extract our model weights or proprietary algorithms
• Scrape, crawl, or extract data from the Services beyond what is permitted by the API
• Resell, sublicense, or white-label the Services without prior written consent
• Circumvent rate limits, security controls, or usage restrictions
• Introduce malware, viruses, or malicious code into the Services or our infrastructure

4. Customer Data and Privacy

As between the parties, you retain all ownership of Customer Data. You grant ThinkMindLabs a limited licence to process Customer Data solely to provide the Services.

• We do not use Customer Data to train our models without your explicit opt-in consent
• Enterprise customers on dedicated infrastructure benefit from complete data isolation
• You represent and warrant that you have all necessary rights and consents to provide Customer Data to us
• You are solely responsible for the accuracy, legality, and appropriateness of Customer Data

5. Intellectual Property

5.1 ThinkMindLabs IP

ThinkMindLabs retains all rights, title, and interest in the Services, our technology, models, APIs, documentation, and all associated intellectual property. These Terms do not grant you any rights to our IP except the limited licence described in Section 3.1.

5.2 Customer IP and Output Ownership

You retain ownership of Customer Data. Subject to your compliance with these Terms and payment of all applicable fees, ThinkMindLabs assigns to you all rights in Output generated specifically for you through the Services, to the extent such assignment is permissible under applicable law.

5.3 Feedback

If you provide suggestions or feedback about the Services, you grant ThinkMindLabs an irrevocable, worldwide, royalty-free licence to use such feedback without any obligation to you.

6. Fees, Payment and Taxes

• Fees are as set out on our pricing page or in your Order Form and are payable in advance unless otherwise agreed
• All fees are non-refundable except as expressly stated in these Terms or required by law
• We may modify fees with 30 days written notice; continued use after the effective date constitutes acceptance
• Overdue amounts accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower
• You are responsible for all applicable taxes; we will collect GST/VAT where required by law

7. Confidentiality

Each party agrees to: (a) keep the other party's Confidential Information strictly confidential; (b) use it only to fulfil obligations or exercise rights under this Agreement; and (c) restrict access to those with a need to know who are bound by equivalent confidentiality obligations. These obligations survive termination for 5 years.

8. Warranties and Disclaimers

ThinkMindLabs warrants that the Services will perform materially as described in our documentation. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES — EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT — ARE DISCLAIMED.

AI-generated Output may be inaccurate, incomplete, or inappropriate for your use case. You are solely responsible for validating Output before relying on it for any decision, particularly in regulated or high-stakes contexts.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL
• THINKMINDLABS'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) USD 100

These limitations apply regardless of the theory of liability and even if a party has been advised of the possibility of such damages.

10. Indemnification

You agree to indemnify, defend, and hold harmless ThinkMindLabs and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Services; (b) your Customer Data; (c) your violation of these Terms; or (d) your violation of any applicable law or third-party rights.

11. Term and Termination

• These Terms commence on your first use of the Services and continue until terminated
• You may terminate at any time by closing your account and ceasing use of the Services
• We may suspend or terminate your access immediately for material breach, non-payment, or suspected illegal activity
• For non-material breaches, we will provide 30 days written notice and opportunity to cure
• Upon termination, your licence ends immediately; we will retain Customer Data for 30 days to allow export, then delete it

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of India, without regard to conflict of law principles.

• Informal resolution: Parties will first attempt to resolve disputes informally within 30 days of written notice
• Arbitration: Unresolved disputes will be referred to binding arbitration under the Arbitration and Conciliation Act 1996, with a single arbitrator, conducted in English, seated in Gurugram, Haryana
• Consumer/GDPR exceptions: Nothing in this clause prevents EU/UK users from bringing claims before their local courts or supervisory authorities under GDPR
• Class action waiver: Claims may only be brought in individual capacity, not as a class or collective action

13. General Provisions

• Entire agreement: These Terms constitute the entire agreement between the parties and supersede all prior discussions or agreements on this subject
• Severability: If any provision is found unenforceable, the remaining provisions continue in full force
• Waiver: Failure to enforce any provision is not a waiver of our rights
• Assignment: You may not assign these Terms without our prior written consent; we may assign freely
• Force majeure: Neither party is liable for delays caused by circumstances beyond their reasonable control
• Notices: Legal notices must be sent to legal@thinkmindlabs.com and to your registered email address

14. Contact

• Legal: legal@thinkmindlabs.com
• General: contact@thinkmindlabs.com
• Address: ThinkMindLabs Private Limited, Cyber City, Gurugram, Haryana 122002, India