Terms & Conditions

2. Acceptance of Terms

By accessing or using any Webkype Service, you confirm and warrant that:

• You are at least 18 years of age and legally capable of entering into a binding contract.
• You have read these Terms in their entirety and agree to be legally bound by them.
• If acting on behalf of a company, you have the authority to bind that entity to these Terms.
• You agree to comply with all applicable laws, regulations, and third-party agreements.
• You accept Webkype's Privacy Policy, Cookie Policy, and any applicable supplemental terms.

3. Scope of Application

These Terms apply to all users and clients interacting with Webkype, including visitors, prospective clients, enterprise clients, SaaS subscribers, business partners, resellers, affiliates, developers accessing APIs, and end users of AI applications built by Webkype. These Terms apply globally across all markets in which Webkype operates.

4. Services Overview

Webkype is an AI product development company that designs, builds, and delivers AI-powered software solutions. Our current portfolio includes, but is not limited to:

All Services are subject to separate commercial agreements, signed proposals, service orders, or SLAs where applicable.

5. Website Use and Conduct Restrictions

5.1 Permitted Use

You may access the Website solely for lawful purposes and in accordance with these Terms, including reviewing product information, submitting inquiries, and accessing publicly available content.

5.2 Prohibited Activities

You agree NOT to engage in any of the following:

• Using the Website or Services for any unlawful, fraudulent, or harmful purpose.
• Attempting unauthorized access to Webkype's systems, servers, databases, or AI infrastructure.
• Copying, scraping, or reproducing any content, AI model, algorithm, code, or design without express written consent.
• Reverse engineering, decompiling, or attempting to derive source code or model weights from Webkype's products.
• Uploading or transmitting malicious code, viruses, worms, ransomware, or any harmful software.
• Misrepresenting your identity, affiliation, or authority to access Webkype's Services.
• Engaging in prompt injection, adversarial attacks, or any attempt to manipulate or bypass Webkype's AI systems.
• Reselling, sublicensing, or redistributing Webkype's Services without written authorization.
• Using automated bots, scrapers, or crawlers to access, index, or harvest Website content.

Webkype reserves the right to monitor Website usage, investigate suspected violations, and immediately suspend or permanently terminate access of any user found in breach of these restrictions.

6. Intellectual Property Rights — Patent & Trademark Protection

6.1 Ownership and Reservation of Rights

All content, materials, and technology on the Website and within Webkype's products — including logos, brand names, AI models, source code, software architecture, algorithms, and methodologies — are the exclusive intellectual property of Webkype Info Services Pvt Ltd or its duly licensed partners, protected under Indian and international intellectual property laws.

6.2 Registered Trademarks

Unauthorized use, reproduction, or impersonation of Webkype's trademarks is strictly prohibited and may result in civil or criminal legal action.

6.3 Client Content and AI Output Ownership

Clients retain full ownership of their data and content submitted through Webkype's platforms. Ownership of AI-generated outputs is governed by the applicable service agreement. Webkype retains ownership of underlying model architectures, training methodologies, and platform infrastructure in all cases.

7. Subscription, SaaS, and Licensing Terms

Access to Webkype's SaaS platforms is provided on a subscription basis. Webkype grants the Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the subscribed Services solely for the Client's internal business purposes during the subscription term. Subscriptions may auto-renew unless cancelled prior to the renewal date as specified in the applicable Order Form.

8. Enterprise Engagement Terms

Enterprise engagements include custom AI development, system integrations, model fine-tuning, private cloud deployments, on-premise installations, and AI advisory services. The scope, deliverables, timelines, and commercial terms for enterprise projects are governed by a signed Master Services Agreement (MSA), Statement of Work (SOW), or equivalent contractual document. Any changes to agreed scope must be mutually agreed upon in writing via a formal Change Request (CR) process.

9. AI Usage, Outputs, and Disclaimers

9.1 Nature of AI Systems

Webkype's products are built on artificial intelligence, machine learning, and natural language processing technologies. These systems are probabilistic — outputs are generated based on patterns and may not be deterministic. AI-generated content may contain errors, inaccuracies, or omissions.

9.2 User Responsibility for AI Outputs

AI-generated outputs must be independently reviewed and verified before being relied upon for critical decisions. Webkype's AI systems are decision-support tools and do not replace professional judgment. Final responsibility for decisions rests solely with the user or client.

9.3 Prohibited AI Use Cases

• Generating or spreading disinformation, misinformation, or deceptive content.
• Creating deepfakes or synthetic media without lawful consent.
• Automated decision-making in contexts where such use is prohibited by applicable law without human oversight.
• Surveillance, tracking, or profiling of individuals without appropriate consent.
• Generating content that is defamatory, harassing, obscene, or otherwise harmful.

10. Data Protection, Privacy, and AI Data Practices

Webkype's collection and processing of personal data is governed by our Privacy Policy, which is incorporated by reference into these Terms. Enterprise clients will enter into a Data Processing Agreement (DPA) as required. Webkype does not use client data or end-user inputs to train its general AI models without explicit, documented written consent from the data controller.

11. Payment, Billing, and Refund Policy

All fees are quoted exclusive of applicable taxes unless stated otherwise. Invoices are due within the payment period specified in the applicable agreement. Late payments may attract interest at 18% per annum or the maximum rate permitted by law. For SaaS subscriptions: fees are non-refundable unless otherwise stated in the applicable subscription agreement or where required by applicable law. For enterprise projects: refund and cancellation terms will be specified in the applicable MSA or SOW.

12. Service Levels, Uptime, and Support

Webkype targets a 99.5% monthly uptime SLA for its SaaS platforms, excluding scheduled maintenance, force majeure events, and third-party infrastructure failures. Actual SLA commitments and support response times are specified in the applicable SLA agreement for each subscription tier or enterprise engagement. Webkype provides tiered support (standard, priority, and dedicated) based on the applicable service agreement.

13. Confidentiality and Non-Disclosure

Both parties agree to maintain strict confidentiality of all Confidential Information received from the other party. Confidential Information shall not be disclosed to any third party without prior written consent, and shall be protected using the same degree of care applied to the receiving party's own confidential information (no less than reasonable care). Confidentiality obligations survive termination of these Terms for a period of three (3) years, or indefinitely for trade secrets.

14. Product Demonstrations and Proposals

Demonstrations, prototypes, proof-of-concept outputs, and proposals provided by Webkype prior to or during sales engagements are provided "as-is" for evaluation purposes only and do not constitute binding representations of final product capabilities. Specifications and features are subject to change. No license is granted through demonstrations or proposals.

15. Representations and Warranties

Webkype warrants that: (a) it has full authority to enter into these Terms; (b) its Services will be provided with reasonable skill and care; (c) it will implement reasonable security measures to protect client data; and (d) it will comply with applicable laws in providing its Services.

16. Limitation of Liability

Webkype's total aggregate liability for any claim arising out of or relating to these Terms or the Services shall not exceed the total amount paid by the Client to Webkype in the twelve (12) months preceding the event giving rise to the claim, or INR 10,000 (whichever is greater) for free or trial users.

16.1 Specific Exclusions

Without limiting the foregoing, Webkype is not liable for: decisions made solely on the basis of AI-generated outputs without human review; loss or corruption of data beyond SLA backup policy coverage; downtime due to third-party infrastructure or events outside Webkype's reasonable control; or security incidents attributable to Client's failure to implement reasonable access controls.

17. Indemnification

You agree to defend, indemnify, and hold harmless Webkype Info Services Pvt Ltd, its directors, officers, employees, contractors, agents, affiliates, and licensors from and against any and all claims, damages, losses, costs, liabilities, fines, penalties, and expenses (including reasonable legal fees) arising from or related to: your violation of these Terms or any applicable law; your unauthorized or improper use of Webkype's products or Services; infringement of any third-party intellectual property rights caused by your use of the Services; or any claims brought by your own customers arising from your use or deployment of Webkype's Services.

18. Third-Party Links, APIs, and Integrations

Webkype's Website and AI products may contain links to, or integrate with, third-party websites, platforms, APIs, tools, cloud services, and data providers. Webkype is not responsible for the privacy practices, terms of service, security, or data handling activities of any third-party service. Webkype will provide a list of key sub-processors and third-party integrations upon request by enterprise clients.

19. Termination and Suspension

19.1 Termination by Client

Clients may terminate a subscription or service agreement in accordance with the notice and cancellation provisions in their applicable agreement. Requests for termination must be submitted in writing to gajenn@webkype.com.

19.2 Termination and Suspension by Webkype

Webkype reserves the right to immediately and without prior notice suspend or terminate Website access for any user or account found to be in violation of these Terms, or terminate a service agreement for material breach by the Client.

19.3 Effect of Termination

Upon termination: Client's right to access the Services ceases immediately; SaaS clients may export their data for 30 days following termination, after which data will be securely deleted; all outstanding payment obligations remain due and payable; and clauses relating to confidentiality, intellectual property, limitation of liability, indemnification, and governing law shall survive termination.

20. Force Majeure

Webkype shall not be liable for any failure or delay in performance of its obligations resulting from circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, war, civil unrest, government actions, regulatory changes, widespread internet or infrastructure outages, cyberattacks, or strikes. Webkype will notify affected clients promptly and use reasonable efforts to resume performance as soon as practicable.

21. Export Controls and Sanctions Compliance

Webkype's products and technologies may be subject to export control laws and trade sanctions administered by India, the United States, the European Union, and other relevant jurisdictions. Clients agree to comply with all applicable export control laws and to not export, re-export, transfer, or make available Webkype's products or services to any sanctioned country, entity, or individual.

22. Children's Use Restrictions

Webkype's Website and Services are intended for users aged 18 (eighteen) years and above. Webkype does not knowingly collect personal information from minors. If you are a parent or guardian and believe a person under 18 has used our Services, please contact us immediately at gajenn@webkype.com.

23. Anti-Corruption and Ethical Use

Users and clients of Webkype's products agree that they will not use Webkype's Services in connection with any activity that violates anti-corruption laws, including the Prevention of Corruption Act (India), the UK Bribery Act, or the US Foreign Corrupt Practices Act. They will not use Webkype's AI products to generate propaganda, hate speech, or content that facilitates discrimination on the basis of race, gender, religion, national origin, disability, or other protected characteristics.

24. Amendments and Updates

Webkype reserves the right to modify, update, or replace these Terms at any time. Updates will be posted on the Website with a revised "Last Updated" date. For material changes, Webkype will provide notice to registered users and enterprise clients via email or in-platform notification with reasonable advance notice. Your continued use of the Services after any update constitutes your acceptance of the revised Terms.

25. Severability and Waiver

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. Webkype's failure to enforce any right or provision shall not constitute a waiver of such right or provision.

26. Entire Agreement

These Terms, together with Webkype's Privacy Policy, Cookie Policy, any applicable SLA, DPA, Order Form, MSA, SOW, or other executed agreement, constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior discussions, negotiations, representations, and agreements. In the event of a conflict between these Terms and a signed client agreement, the terms of the signed agreement shall prevail.

27. Governing Law, Dispute Resolution, and Jurisdiction

27.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and the Indian Contract Act, 1872.

27.2 Amicable Resolution

In the event of any dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation within thirty (30) days of written notice.

27.3 Arbitration

If the parties are unable to resolve a dispute through good-faith negotiation, either party may refer the dispute to binding arbitration under the Arbitration and Conciliation Act, 1996 (India). The seat of arbitration shall be Greater Noida / Delhi NCR, India. The language of arbitration shall be English.

27.4 Jurisdiction

Any matter not subject to arbitration shall be subject to the exclusive jurisdiction of the courts located in Greater Noida / Delhi NCR, Uttar Pradesh, India.

28. Contact Information and Legal Notices

For all legal, contractual, and compliance inquiries, please contact:

Legal notices must be sent in writing to the registered address above or to gajenn@webkype.com with confirmation of receipt. Webkype will acknowledge legal notices within 5 business days.