1. Use of the Service

1.1. Scope. The Service and content available on the Service are protected by applicable intellectual property (including copyright) laws. Unless subject to a separate license agreement between you and Oakgen, your right to access and use the Service, in whole or in part, is subject to this Agreement.

1.2. Licenses. Subject to your compliance with this Agreement, Oakgen grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to: (i) access and use the Service; and (ii) access and use any APIs Oakgen makes available to you (if any), solely for your own personal or internal business purposes.

1.3. Supplemental Terms. Your use of, and participation in, certain features and functionality of the Service may be subject to additional terms ("Supplemental Terms"). If these Terms of Use are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Service.

1.4. Updates. You understand that the Service is evolving. As a result, Oakgen may require you to install updates to any software. You acknowledge and agree that Oakgen may update the Service with or without notifying you.

2. Registration

2.1. Registering Your Account. In order to access certain features of the Service, you may be required to register an account on the Service ("Account").

2.2. Registration Data. In registering an Account, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form ("Registration Data"), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

2.3. Your Account. You acknowledge and agree that you have no ownership or other property interest in your Account. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Oakgen immediately of any unauthorized use of your password or any other breach of security.

3. Responsibility for Content

3.1. Types of Content. You acknowledge that any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Service (collectively, "Content"), is the sole responsibility of the party from whom such Content originated. This means that you, and not Oakgen, are entirely responsible for all Content that you upload, post, email, transmit or otherwise input or make available ("Make Available") through the Service ("Your Content").

3.2. Storage. Unless expressly agreed to by Oakgen in writing elsewhere, Oakgen has no obligation to store any of Your Content. Oakgen has no responsibility or liability for the deletion or accuracy of any Content, including Your Content.

4. Ownership

4.1. The Service. Except with respect to Your Content, you agree that Oakgen and its suppliers or licensors own all rights, title and interest in the Service. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any of the Service.

4.2. Your Content. Oakgen does not claim ownership of Your Content. However, when you Make Available any Content on or to the Service, you represent that you own and/or have sufficient rights to Your Content to grant the license set forth in Section 4.3.

4.3. License to Your Content. Subject to any applicable Account settings that you select, you grant Oakgen a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable right and license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, publicly display and derive revenue or other remuneration from Your Content for the purposes of operating and providing the Service to you.

4.4. User Inputs and Outputs. Oakgen utilizes software and technology, including artificial intelligence, to process user inputs to the Service, such as descriptive and instructive text prompts and reference images and videos (the "Input"), and generate and return outputs based on such Inputs (the "Output"). Oakgen does not claim ownership of any of your Inputs or Outputs, and nor does it restrict the use of Outputs for commercial use.

4.5. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Oakgen ("Feedback") is at your own risk and that Oakgen has no obligations with respect to such Feedback. You agree that Oakgen may use your Feedback without any restriction, attribution, or compensation to you.

5. User Conduct and Restrictions

5.1. Restrictions. As a condition of use, you shall not:

• Use the Service for any purpose that is prohibited by this Agreement or by applicable law
• Make Available any Content that is unlawful, threatening, abusive, harassing, defamatory, obscene, hateful, or offensive
• Make Available any Content that infringes the rights of any person or entity
• Make Available any Content that harms minors in any way
• Use or access the Service to develop products or services that compete with our Services

5.2. Other Restrictions. You further agree not to:

• License, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Service
• Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service
• Use any manual or automated software, devices or other processes to "scrape" or download data from any web pages
• Impersonate any person or entity
• Interfere with or attempt to interfere with the proper functioning of the Service

5.3. Inappropriate Content. Your Content may not contain nudity, violence, be sexually explicit, harmful, hateful, harassing, or offensive as determined by Oakgen in its sole discretion.

6. Monitoring and Reporting

6.1. Monitoring. Oakgen may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Service and/or Content, including Your Content and Outputs, at any time. You hereby provide your irrevocable consent to such monitoring.

6.2. Moderation. Oakgen reserves the right to remove or refuse to process any of Your Content or Output for any or no reason in our sole discretion, take any action we deem necessary or appropriate, and terminate or suspend your access to all or part of the Service for any violation of this Agreement.

7. Third-Party Services

The Service may contain links to third-party websites, applications, and advertisements. Such Third-Party Services are not under the control of Oakgen, and Oakgen is not responsible for any Third-Party Services. Oakgen provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services.

8. Purchase Terms and Refunds

8.1. Payment. You shall pay all fees or charges ("Fees") to your Account in accordance with the fees, charges and billing terms in effect at the time a Fee is due and payable. By providing Oakgen with your payment information, you agree that Oakgen is authorized to immediately invoice your Account for all Fees due. Payments are processed securely through Paddle, our authorized payment processor.

8.2. Refunds. Except as set forth herein, amounts due are non-refundable. You may request a refund within seven (7) days of your initial purchase, provided no Credits have been used. Refund requests can be submitted by contacting us at support@oakgen.ai.

8.3. Credits. In certain instances, you may receive or purchase credits ("Credits") to access and use specific features of the Services. Purchased Credits constitute prepaid amounts for products and services available through the Services. Credits have no cash value, are non-transferable, non-reloadable, and non-redeemable for cash except as required by law.

9. Subscriptions

9.1. Subscriptions. If you purchase access to certain features and functionality of the Services on a time-limited basis (a "Subscription"), the Fee for such Subscription will be billed at the start of the Subscription and at regular intervals in accordance with your elections at the time of purchase.

9.2. Automatic Renewal. If you elect to purchase a Subscription, your Subscription will continue and automatically renew at Oakgen's then-current price for such Subscription until terminated in accordance with this Agreement. You will be notified of any price changes before your next billing cycle.

9.3. Cancelling Subscriptions. You may cancel by logging into and visiting the settings page of your Account, or by contacting support@oakgen.ai. Cancellation requests must be made at least 24 hours before the next billing date.

9.4. Effect of Cancellation. If you cancel, you may continue to use your Subscription until the end of the then-current term; it will not renew thereafter. No prorated refunds of any portion of the Service Subscription Fee will be provided for the current term.

10. Indemnification

You shall indemnify and hold Oakgen, its affiliates, agents, partners, suppliers and licensors harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (i) Your Content and/or Outputs; (ii) your misuse of the Service; (iii) your violation of this Agreement; (iv) your violation of any rights of another party; or (v) your violation of any applicable laws, rules or regulations.

11. Disclaimer of Warranties

11.1. Service Offered As-Is. You expressly understand and agree that to the extent permitted by applicable law, your use of the Service is at your sole risk, and the Service (including any Output therefrom) is provided on an "as is" and "as available" basis, with all faults.

11.2. Outputs. Oakgen makes no representation or warranty as to the originality, legality, accuracy, or fitness of any Output. You acknowledge and agree that Outputs may contain errors, omissions, or offensive material, and you are solely responsible for your use, distribution, or reliance on Outputs.

12. Limitation of Liability

12.1. Disclaimer of Certain Damages. To the fullest extent provided by law, in no event shall Oakgen be liable for any loss of profits, revenue or data, indirect, incidental, special or consequential damages, arising out of or in connection with this Agreement or the Service.

12.2. Cap on Liability. To the fullest extent permitted by law, Oakgen shall not be liable to you for more than the greater of (i) the total amount paid to Oakgen by you during the three-month period prior to the act giving rise to such liability; or (ii) USD $100.

13. Term and Termination

13.1. Term. The term of this Agreement commences on the date when you accept this Agreement and continues in full force and effect while you use the Service, unless terminated earlier in accordance with this Agreement.

13.2. Termination by Oakgen. If you have materially breached any provision of this Agreement, or if Oakgen is required to do so by law, Oakgen has the right to immediately and without notice suspend or terminate any Service provided to you.

13.3. Termination by You. If you want to terminate this Agreement, you may do so by (i) notifying Oakgen at any time and (ii) closing your Account for the Service.

13.4. Effect of Termination. Upon termination of the Service, your right to use the Service will automatically terminate, and we may delete Your Content associated therewith from our databases.

14. General Provisions

14.1. Electronic Communications. Communications between you and Oakgen may occur electronically. For contractual purposes, you consent to receive communications in electronic form.

14.2. Assignment. You may not assign, subcontract, delegate or transfer this Agreement or your rights or obligations without Oakgen's prior written consent.

14.3. Governing Law. This Agreement is governed by the laws of India. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in India.

14.4. Entire Agreement. This Agreement constitutes the final, complete and exclusive agreement between the parties regarding its subject matter and supersedes all prior discussions or agreements.

15. Contact Us

If you have any questions, complaints or claims regarding the Service, please contact us at: support@oakgen.ai