legal
terms & conditions
These Terms & Conditions ("Terms") are a legal agreement between you ("You", "you", "yourself") and Axonwise Private Limited ("Sarvam") and govern your download, installation, access to, and use of "Kivi", a multi-lingual dictation application, together with any software we include as part of it, including mobile and desktop applications, and related documentation (collectively, the "App" and/or the "Product"). For the purposes of these Terms, "Sarvam", "Company", "we", "us" and "our" mean Axonwise Private Limited, doing business as 'Sarvam AI', having its registered office in Bengaluru, India. If you have entered into another agreement with us concerning the App, the terms of that agreement control where it conflicts with these Terms.
By downloading, installing, accessing or using the App, you affirm and represent that you are of legal age to enter into these Terms and agree to be bound by them. If you do not agree, you must not download, install, access or use the App.
1. Your Agreement with Sarvam
1.1 Choice of Law and Contracting Entity. Your relationship is with Axonwise Private Limited. These Terms are governed by, and construed and interpreted in accordance with, the laws of India, without regard to conflict of law rules. Subject to Section 14 (Dispute Resolution) below, the courts at Bengaluru, Karnataka shall have jurisdiction. You may have additional rights under your local law, and we do not seek to limit those rights where it is prohibited to do so by law.
1.2 Individual and Business Use. The App may be used either (a) by an individual for that individual's own personal use (a "Personal User"), or (b) by a company, organisation or other legal entity (the "Customer") and its Authorised Users for the Customer's internal business purposes. Where these Terms are accepted by or on behalf of a Customer, references to "you" mean the Customer and, where the context requires, its Authorised Users. Where the App is used by a Personal User, references to "you" mean that individual.
1.3 Product-Specific and Additional Terms. The App is licensed, not sold, to you, and may be subject to additional or product-specific terms and notices that we make available to you (including the third-party notices referred to in Section 12). If there is any conflict between these Terms and any product-specific terms, the product-specific terms govern in relation to the relevant feature. The provisions of Section 17 (Artificial Intelligence Services) govern with respect to the AI-enabled features of the App.
1.4 Authorised Users. Where you accept these Terms on behalf of a Customer, you represent and warrant that you have the authority to bind that Customer, and "you" refers to that Customer. The Customer is responsible for all acts and omissions of its Authorised Users, and any act or omission by an Authorised User that would constitute a breach of these Terms if taken by the Customer will be deemed a breach of these Terms by the Customer. The Customer shall use reasonable efforts to make all Authorised Users aware of these Terms as applicable to such Authorised User's use of the App, and shall cause its Authorised Users to comply with them. "Authorised User" means an individual employee, consultant, contractor or agent of the Customer who is authorised by the Customer to access and use the App under the rights granted to the Customer under these Terms, and solely for the Customer's benefit. The Customer is responsible for ensuring that access is granted only to Authorised Users and that each Authorised User's access is promptly revoked when they cease to be entitled to it.
1.5 Updates to Terms. We may make changes to these Terms from time to time, ranging from minor corrections to changes in policy. If we make important changes, we will notify you. However, it is your sole responsibility to review these Terms regularly to stay informed of any updates, and your continued use of the App following the effective date of any revised Terms will constitute your acceptance of those changes. Any such changes will not apply to any dispute arising before the revised Terms became effective. If you do not agree to the amended Terms, you must stop using the App.
2. Eligibility, Minimum Age and Use by Students
2.1 The App requires you to create an account in order to download, install, access and use it, and use of the App therefore involves the collection and processing of your personal data. By creating an account and using the App, you represent and warrant that the information you provide is accurate and that you have the legal capacity to enter into these Terms or, if you do not, that your parent or lawful guardian has consented to, and where required entered into, these Terms on your behalf. Where these Terms are accepted by a Customer, the Customer warrants that it has the legal capacity and authority to enter into these Terms.
2.2 If you are under the age of eighteen (18) years, you may create an account and use the App only where verifiable consent has been provided by your parent or lawful guardian, or by an educational institution under Section 2.4, in each case in accordance with applicable law. Your parent or lawful guardian may be required to enter into these Terms on your behalf, and to exercise your rights and give consents in relation to your personal data. If we become aware that a person under eighteen (18) has created an account or provided personal data other than in accordance with these Terms and applicable law, we may suspend or terminate the relevant account and delete such data.
2.3 You are responsible for ensuring that all consents required under Section 2.2 are obtained before an account is created for or used by a person under eighteen (18) years of age.
2.4 Use by Students through Educational Institutions or Use by Authorised Users through Customer. Where the App is made available to students through a school, college or other educational institution, or where the App is made available to Authorised Users of a Customer, that institution or Customer may be required to provide the consent to, and enter into, these Terms (or a separate agreement with Sarvam) on behalf of its students, or Authorised Users and to obtain any parental or guardian consent required under applicable law. In such cases, the institution / Customer is responsible for ensuring that all necessary consents are in place before students / Authorised Users create an account or use the App.
3. Privacy
3.1 For information about how we collect, use, share, store or otherwise process information about you and your use of the App, please see our Privacy Policy (the "Privacy Policy"), which is incorporated into and forms part of these Terms.
3.2 The App requires you to create an account, and accordingly we collect and process the personal data necessary to create and administer your account and to provide the App to you. Beyond what is necessary for these purposes, you are not required to share additional personal data, and any further personal data you choose to provide is shared voluntarily and at your own discretion. All personal data is processed in accordance with the Privacy Policy and applicable law, including the Digital Personal Data Protection Act, 2023.
3.3 Service Communications. You agree that we may send you communications relating to your use of the App and your account, including transactional and service messages, service notices, security and administrative alerts, notifications regarding product changes, app upgrades, new versions, updates, and changes to features or functionality of the App. These communications form part of the App and your account, and you may not be able to opt out of them while you continue to use the App, as they are necessary for us to provide the App and to keep you informed about it. This Section does not govern promotional or marketing communications, which, where offered, are subject to your separate consent and your right to withdraw that consent in accordance with our Privacy Policy and applicable law.
3.4 You are solely responsible for the content you dictate, input or process using the App, and for ensuring that you have all necessary rights and consents in respect of any information (including any personal data of third parties) that you choose to input into the App.
3.5 We process and store information in India and may transfer it to other countries where we and our service providers operate, in each case in accordance with the Privacy Policy and applicable law.
3.6 Children and Students. For the purposes of the Digital Personal Data Protection Act, 2023, a "child" is a person who has not completed eighteen (18) years of age. Because using the App requires an account and therefore the processing of personal data, we process the personal data of a child only where verifiable consent has been provided by the child's parent or lawful guardian, or by an educational institution under Section 2.4, in each case as and to the extent permitted by applicable law. We do not undertake tracking or behavioural monitoring of, or direct advertising to, children, and we do not process personal data in a manner likely to cause a detrimental effect on the well-being of a child. If you believe we have processed a child's personal data other than as described here, please contact us and we will take appropriate steps to delete such data.
4. Use of the App
4.1 Licence. Subject to your compliance with these Terms and applicable law, we grant you a non-exclusive, limited, revocable, non-transferable and non-sublicensable right to install, access and use the App on a device that you own or control, solely for your personal purposes (in the case of a Personal User) or your internal business purposes (in the case of a Customer). Where you are a Customer, this right is sublicensable solely to your Authorised Users for the Customer's internal business purposes, and each licence is for use by one user only and may not otherwise be shared. You agree that your decision to use the App is not contingent on the delivery of any future functionality or features.
4.2 Sarvam Intellectual Property. We (and our licensors, as applicable) remain the sole owner of all right, title and interest in the App, including all underlying technology, software code, features, functionality, user interfaces, machine learning models, data structures, trade secrets, databases, know-how, design elements, improvements, documentation, processes, configurations, updates and enhancements. Except as expressly stated in these Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, service marks, logos or any other rights in the App. All rights not expressly granted are reserved by us and our licensors. This Section is in addition to, and not in supersession of the rights set out in Section 17 below.
4.3 Beta, Trial and Evaluation Versions. We may designate the App, or a feature of it, as a pre-release, trial, evaluation or beta version (a "Beta Version"). A Beta Version does not represent the final Product and may contain bugs that could cause system or other failure and data loss. We may choose not to release a commercial version of the Beta Version, and may modify, suspend or discontinue any Beta Version at any time without liability to you. You must promptly cease using the Beta Version and destroy or uninstall all copies if we request you to do so. In exchange for your use of a Beta Version, you agree that we may collect data, including crash, diagnostic, performance and usage data, regarding your use of the Beta Version, and analyse it, to test and improve the App. During the Beta, trial or evaluation period, no express or implied warranties apply, the App is provided "as-is" with all defects, and no technical or other support is included.
4.4 Fees & Payments.
(a) Paid Services & No Refunds. Certain features or parts of the App may be offered as paid or premium services, and you may add these to your account ("Paid Services"). We will begin billing you from the date you sign up for a Paid Service and will automatically bill you on each periodic renewal until you cancel. If you are on an annual plan, we will send a reminder email to the address associated with your account within a reasonable period before the renewal date, letting you know that your plan is about to renew. You are responsible for all applicable taxes, and we will charge tax where required to do so. Your Paid Services will remain active until you cancel them or they are terminated in accordance with these Terms. Please note that certain features / access to the App altogether may be billed on a subscription basis rather than based on actual usage. You may cancel your Paid Services at any time, however no refunds shall be provided in lieu of such early cancellation. Upon renewal, if payment for your Paid Services is not received by the due date, we may suspend or restrict access to those Paid Services and any associated features until the outstanding payment is made.
(b) Paid Services. We use one or more third-party payment processors (each, a "Payment Processor") to bill you through a payment account linked to your account. The processing of your payments is subject to the terms, conditions and privacy policies of the relevant Payment Processor, in addition to these Terms. You are responsible for reviewing and complying with the Payment Processor's terms.
(c) Changes to Fees. We may change the fees applicable to your subscription with effect from its next renewal, based on our business needs. We may also modify the billing model from a fixed subscription model to a usage based model, or vice versa, or otherwise move to a different billing model. We will give you reasonable prior notice of any such change by an in-app notification or a message to the email address associated with your account, and you will have the opportunity to cancel your subscription before the revised fees take effect. Your continued use of the Paid Services after the revised fees take effect constitutes your acceptance of them.
5. Your Content
5.1 Ownership. "Content" means any text, audio, information, communication or material that you upload, import into, dictate to, embed for use by, or create using the App. As between you and Sarvam, you retain all rights and ownership of your Content. We do not claim any ownership rights to your Content. (Intellectual property in Inputs and Outputs of the AI-enabled features is addressed further in Section 17.)
5.2 Licence to Your Content. Solely for the purpose of operating and providing the App to you, and subject to Section 5.1, you grant us a non-exclusive, worldwide, royalty-free licence to use, host, store, reproduce, transmit and display your Content as necessary to provide, maintain, secure and fix errors in the App and to comply with applicable law. We will not use this licence to market or promote Sarvam.
5.3 Feedback. You may choose to provide us with feedback, comments, ideas, suggestions, proposals, bug reports or examples regarding the App ("Feedback"). You hereby irrevocably and unconditionally assign to Sarvam all right, title and interest (including all intellectual property rights) in and to such Feedback, and, to the extent any such assignment is not effective, grant Sarvam a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable and transferable licence to use, reproduce, modify, exploit and incorporate the Feedback for any purpose, including by incorporation into the App, without any payment, attribution or other obligation to you. You represent that you have all rights necessary to provide such Feedback. Where you are a Customer, this Section applies equally to Feedback provided by your Authorised Users, and you procure the assignment and licence in this Section on their behalf.
6. Your Account
6.1 Where the App requires or offers an account, you are responsible for all activity that occurs via your account, even if that activity is not by you. You may not share your account credentials or use another person's account.
6.2 You are responsible for taking reasonable steps to maintain the security of your account and credentials. We assume no responsibility for any loss you may sustain due to a compromise of your credentials or your failure to act on notices or alerts we send you. If you suspect your account has been compromised, please contact us.
7. User Conduct
You must use the App responsibly and not misuse it. For example, you must not:
- use the App without, or in violation of, these Terms or applicable law;
- copy, modify, host, stream, sublicense or resell the App;
- enable or allow others to use the App using your account or credentials;
- offer or make the App available on a service bureau, time-sharing, outsourcing or hosted-service basis, or on behalf of any third party;
- access or attempt to access the App by any means other than the interface we provide or authorise, or circumvent any access or usage restrictions (for ex, scraping or creating accounts in bulk);
- send unsolicited communications, promotions or advertisements, or spam;
- probe, scan, or test the vulnerability of any system or network, unless done in compliance with any bug bounty program we may offer;
- publish, share, or store content that contains child sexual abuse content or promotes extreme acts of violence;
- advocate hatred or incitement of violence against any person or group of people based on a protected class;
- upload, transmit, store or make available any Content or code that contains viruses, malicious code, malware, or any components designed to harm or limit the functionality of the App;
- attempt to disable, impair, disrupt, interfere with or destroy the App or any other user's use of it;
- use any data mining, scraping or similar data-gathering or extraction methods in connection with the App, including for machine learning purposes;
- share or generate any Content, or engage in any behaviour, that is unlawful, harmful, threatening, obscene, violent, abusive, defamatory, invasive of another's privacy, or that infringes anyone's intellectual property or other rights;
- record, monitor, or transcribe communications in violation of applicable law or without any notice or consent required by applicable law or contractual obligation; or
- impersonate any person or entity or misrepresent your affiliation, or violate applicable law, including without limitation, spoofing or phishing or sharing material that is fraudulent, defamatory, or misleading, or that violates the intellectual property, privacy, or other proprietary rights of others.
8. No Modifications, Reverse Engineering, and AI/ML Restrictions
8.1 Except as expressly permitted in this Section, you must not (and must not allow third parties to):
- modify, port, adapt or translate any portion of the App;
- reverse engineer (including by monitoring or tracking the inputs and outputs flowing through the App in order to recreate it), decompile, disassemble or otherwise attempt to discover, within the App, the source code, data representations, or underlying algorithms, processes, methods and any other portion of the App; or
- use the App, or any content, data, output or other information received or derived from the App, to directly or indirectly create, train, test or otherwise improve any machine learning algorithm or artificial intelligence system, including any architectures, models or weights.
8.2 If the laws of your jurisdiction give you the right to decompile the App to obtain information necessary to render it interoperable with other software, you must first request such information from us, and we may, in our sole discretion, either provide such information or not provide such information or impose reasonable conditions (including a reasonable fee) on such decompilation to protect our and our licensors' proprietary rights.
9. Your Warranty and Indemnification Obligations
9.1 Warranty. You represent and warrant that you have all necessary rights, licences, consents and permissions to provide and use your Content in connection with the App and to grant the licences set out in these Terms, and that your use of the App complies with applicable law.
9.2 Indemnification. To the fullest extent permitted by law, You will indemnify us and our affiliates, officers, agents, employees, partners and licensors from any claims, demands, losses or damages, including reasonable legal and attorneys' fees and costs, arising out of or related to (a) your Content (including Content of your Authorised Users); (b) your or your Authorised Users' use of the App; (c) your or your Authorised Users' interactions with any other users; or (d) your or your Authorised Users' violation of these Terms. We have the right to control the defence of any such matter with counsel of our choosing, and you will fully cooperate with us.
10. Disclaimers of Warranties
THE APP IS PROVIDED "AS-IS" AND "AS-AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SARVAM, ITS AFFILIATES AND THIRD-PARTY PROVIDERS ("COVERED PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COVERED PARTIES DISCLAIM ANY WARRANTY THAT (A) THE APP WILL MEET YOUR REQUIREMENTS OR BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE USE OF THE APP WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (C) THE QUALITY OF THE APP WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS OR DEFECTS WILL BE CORRECTED.
YOU MAY USE AND ACCESS THE APP AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. ADDITIONAL AI-SPECIFIC DISCLAIMERS ARE SET OUT IN SECTION 17.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COVERED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING LOSSES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, REPUTATION, REVENUE OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE APP, IN RESPECT OF ANY OF THE DISCLAIMED WARRANTIES, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICE, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, ANY BUGS, VIRUSES, MALICIOUS SOFTWARE, OR OTHER MALWARE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES AND/OR ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. SARVAM HAS NO CONTROL OVER, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ASSUMES NO RESPONSIBILITY FOR THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY SERVICES ACCESSIBLE THROUGH OR INTEGRATED WITH THE SERVICES, AND YOU ACKNOWLEDGE AND AGREE THAT SARVAM IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICES, REGARDLESS OF THE THEORY OF LIABILITY. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY, WHERE SUCH LIMITATION IS NOT PERMITTED BY LAW.
THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE TERMS SET FORTH THE ENTIRE LIABILITY OF THE COVERED PARTIES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR ACCESS TO AND USE OF THE APP.
12. Third-Party Software and Notices
12.1 The App may incorporate, or make available to you, software, components, libraries, content or services owned or provided by third parties ("Third-Party Software"). Third-Party Software is not part of the App, and your acquisition and use of it may be governed by separate terms, licences and notices made available by the relevant third party, which you are responsible for reviewing and complying with.
12.2 Applicable third-party software notices, licences and attributions may be made available by Sarvam from time to time, upon request. To the maximum extent permitted by law, Sarvam makes no representations or warranties in respect of, and assumes no responsibility or liability for, any Third-Party Software.
13. Termination
13.1 You may terminate your use of the App at any time by ceasing to use it and uninstalling it.
13.2 We may, at any time, suspend or terminate your right to use and access the App if, in our reasonable discretion, you breach these Terms, your use would violate applicable law, or we elect to discontinue the App in whole or in part. Upon termination, the licences granted to you cease and you may lose access to the App and any associated Content.
13.3 Provisions that by their nature should survive termination, including without limitation, intellectual property provisions, feedback assignment, warranty disclaimers, limitations of liability, indemnification and dispute resolution, will survive.
14. Dispute Resolution
If you have any concern or dispute arising out of or in connection with these Terms or the App, you agree to first try to resolve it informally and in good faith by contacting us at kivi@sarvam.ai with a copy to legal@sarvam.ai with a description of your claim and details of your account with Sarvam. We will try to resolve the dispute informally by following up via email, phone or other methods. If the dispute is not resolved within sixty (60) days of our receipt of your first email, it shall be referred to by either party and finally resolved by arbitration seated in Bengaluru, India, in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English by a sole arbitrator. Subject to the foregoing, the courts at Bengaluru, Karnataka shall have exclusive jurisdiction. You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are prohibited.
15. Updates to the App and Availability
15.1 We may modify, update or discontinue the App (including any portions or features) at any time, without liability to you or anyone else. For material changes to any paid offering, we will make reasonable efforts to notify you.
15.2 The App may not be available in all countries, regions or languages, and access to certain features may be blocked in certain locations. It is your responsibility to ensure that your use of the App is lawful where you use it.
16. Miscellaneous
16.1 English Version. The English version of these Terms will be the version used when interpreting or construing them.
16.2 Non-Assignment. You may not assign or transfer these Terms, or your rights and obligations under them, without our written consent, and any such attempt will be void. We may assign or transfer our rights to a third party without your consent.
16.3 Severability. If any provision of these Terms is held invalid or unenforceable, the remainder will continue in full force and effect, and such provision will be ineffective only to the extent of such invalidity or unenforceability.
16.4 No Waiver. Our failure to enforce or exercise any provision of these Terms is not a waiver of that provision.
16.5 Force Majeure. Neither party will be liable for any delay or failure to perform (other than payment obligations) due to events beyond its reasonable control.
16.6 Notices. You may send notices to us at legal@sarvam.ai. We may notify you by the email associated with your account, postings within the App, or other legally accepted means.
17. Artificial Intelligence
The following terms apply to the use of artificial intelligence as a core component of the App. In this Section 17, references to "AI Services" mean the AI-enabled features of the App.
17.1 This Section governs the use of artificial intelligence in the App ("AI Services"). This Section governs the Customer's access, viewing, and use of AI Services and any associated application provided by Company by virtue of Customer's Use of AI Services.
17.2 Disclaimer. The AI Services use generative AI / large language models ("Gen AI") for providing output. Gen AI is a technology under development. Quality, accuracy, and availability may vary. Outputs generated through Gen AI on AI Services should not be construed as any kind of legal, financial, or other professional advice. Customer must inform all Authorised Users using the AI Services that these involve the use of artificial intelligence technology, and human oversight is required.
17.3 Definitions.
(a) "Output" means any content, text, material, results, responses, analysis, summaries, drafts, or other materials generated by AI Services in response to or derived from Inputs.
(b) "Use" or "Used" or "Using" means Customer's, direct or indirect, activation, use, or access of AI Services, and/or Customer's execution, access, utilization, or displaying of information resulting from such use.
(c) "User Data" or "Inputs" means any speech, audio, information, document, application, file, text, or all other material that is provided or uploaded, directly or indirectly, to Use AI Services by Personal Users and Customer and its Authorised Users.
17.4 Customer Requirements.
(a) Customer represents and warrants that they have all rights, licenses, consents, and permissions required to provide the Inputs for Use of AI Services and related processing.
(b) The Customer shall ensure that all Authorised Users are made aware that the nature of AI Services involves generation of certain outputs using artificial intelligence technology.
17.5 Customer Intellectual Property Rights.
(a) The parties agree that you shall at all times retain the title to and the intellectual property rights over the Input. In light of the nature of the App and artificial intelligence generally, Output may not always be unique or accurate, and other users may receive similar or identical Output from the Service. Your rights to Output(s) obtained from AI Services do not extend to other users' Output or third-party information, content, or data ("Third-Party Information"). The Outputs may incorporate Third-Party Information. You acknowledge that You do not manage or control Third-Party Information, and Sarvam assumes no responsibility for the same. To the extent You access or use any Third-Party Information, You do so solely at its own risk.
(b) You grant the Company a limited, non-exclusive, worldwide, royalty-free license during the Term to use, process, store, transmit, and display User Data as necessary to operate, provide access to, fix errors in, and maintain AI Services, to fulfil the Company's obligations under this Annexure, and comply with applicable law.
(c) Customer shall keep its Authorised Users informed about the provisions under this Section.
17.6 Sarvam Intellectual Property Rights.
(a) All rights, title, and interest in and to the AI Services, including all underlying technology, software code, features, functionality, pricing, user interfaces, machine learning models, data structures, trade secrets, databases, analysis, ideas, know-how, design elements, improvements, versions, technical documentation, processes, workflows, configurations, updates, enhancements, and any other proprietary tools or materials used to deliver or improve AI Services, are and shall remain exclusively owned by Sarvam or its licensors (collectively, the "Sarvam IP").
(b) You acknowledge that you does not acquire any intellectual property or other ownership rights in the AI Services platform or in any of the Sarvam IP by virtue of this Section or your use of AI Services, except for the limited rights expressly granted herein. All rights not explicitly granted to you are reserved by Sarvam.
(c) We take a proactive approach towards resolving errors and improving the App. For this purpose, we may collect, store, analyze, and use the data related to the Use of AI Services (i.e., users' usage of AI Services), and track AI Services' performance, to produce benchmarking studies and develop AI Services. Sarvam may aggregate such data from multiple users, and such data shall be Sarvam IP. Sarvam may use anonymised and aggregated data for producing marketing and sales materials. Any information created/generated through AI Services may be recorded and stored by Sarvam for debugging purposes in case of any issues reported by the users. Sarvam may also use Inputs, Outputs, data in relation to Use of AI Services as training dataset for its machine learning, reinforcement learning, or model training.
17.7 Prohibited Uses.
In addition to restrictions under these Terms, You shall not represent that the Output was human-generated when it was not.
17.8 Warranties and Disclaimers.
(a) You hereby represents and warrants that they have all necessary authority, approvals, and consent to share the User Data with Sarvam, and that you shall do so in accordance with applicable laws.
(b) THE COMPANY DOES NOT REPRESENT THAT AI SERVICES WILL BE UNINTERRUPTEDLY AVAILABLE OR BE ERROR-FREE.
(c) OUTPUTS GENERATED THROUGH AI SERVICES MAY BE THE SAME AS, OR SUBSTANTIALLY SIMILAR TO, CONTENT FOUND ONLINE OR CONTENT GENERATED FOR OTHER USERS OF AI SERVICES. ACCORDINGLY, YOU EXPRESSLY WAIVE AND RELEASE SARVAM AND ALL OTHER USERS OF AI SERVICES FROM ANY CLAIM OR LIABILITY ARISING FROM THE NON-UNIQUENESS OF ANY OUTPUT OR FROM THE RECEIPT BY OTHER USERS OF IDENTICAL OR SIMILAR OUTPUTS.
(d) THE SERVICES ARE INTENDED TO ASSIST USERS WITH AUTOMATIC SPEECH RECOGNITION / SPEECH TO TEXT TASKS, BUT YOU REMAIN SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING, REVIEWING, VALIDATING, AND MAKING ANY DECISIONS BASED ON THE OUTPUTS FOR ANY PURPOSE. ACCORDINGLY, SARVAM DISCLAIMS ANY LIABILITY FOR ANY CONSEQUENCES OR LIABILITY THAT MAY ACCRUE TO USER AS A RESULT OF USING OR ACCESSING AI SERVICES. AI SERVICES SHOULD BE USED WITH HUMAN OVERSIGHT. THE APP IS NOT DESIGNED FOR USE IN HIGH-RISK ACTIVITIES SUCH AS WHERE FAILURE COULD LEAD TO PERSONAL INJURY, LEGAL LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT, MISUSE OF PERSONAL DATA OR SEVERE ENVIRONMENTAL DAMAGE.
(e) YOU ACKNOWLEDGE THAT AI SERVICES RELY ON GENERATIVE ARTIFICIAL INTELLIGENCE TECHNOLOGIES AND INCORPORATE PUBLICLY AVAILABLE DATA FROM INTERNET-BASED SOURCES, WHICH MAY NOT ALWAYS BE ACCURATE, COMPLETE, OR RELIABLE. AS A RESULT, THE COMPANY DOES NOT GUARANTEE THE QUALITY AND ACCURACY OF OUTPUTS GENERATED THROUGH ARTIFICIAL INTELLIGENCE AND LARGE LANGUAGE MODELS ON AI SERVICES.
(f) YOU UNDERSTAND AND ACCEPT THAT THE LEGAL STATUS OF AI-GENERATED CONTENT REMAINS UNSETTLED UNDER APPLICABLE INTELLECTUAL PROPERTY LAWS, AND THAT SUCH CONTENT MAY NOT BE ELIGIBLE FOR COPYRIGHT OR OTHER LEGAL PROTECTIONS. SARVAM DISCLAIMS ALL WARRANTIES REGARDING THE ORIGINALITY, OWNERSHIP, OR ENFORCEABILITY OF ANY AI-GENERATED OUTPUT.
17.9 Grievance Redressal. Should have any grievance with respect to access or usage of AI Services by yourself / by any Authorized User (as may be applicable), you can notify complaints to legal@sarvam.ai.
17.10 Where you are a Customer, this Section 17 applies equally to you and Authorised Users and you shall notify the Authorised Users regarding these provisions (as may be necessary).
Contact
Questions about these Terms can be sent to legal@sarvam.ai, with a copy to contact@heykivi.ai.