Terms of Service

1. Definitions

• Access Protocols means the API keys, passwords, access codes, technical specifications, connectivity standards or protocols, or other relevant procedures necessary to access and use the Trugen AI Platform.
• AI Services means third-party machine learning, artificial intelligence systems, platforms, models, and algorithms that may be incorporated into or accessible through the Trugen AI Services.
• Authorized User means each of your employees, agents, independent contractors, and service providers who are authorized to access and use the Trugen AI Platform pursuant to your rights under this Agreement.
• Connected Applications means any system or application owned or controlled by you that is connected to the Trugen AI Services.
• Conversational Video Agent means an AI-powered avatar accessible via the Trugen AI Solution that can engage in human-like conversations with End Users.
• Customer Content means all data, video, audio, text, prompts, images, and other content or materials submitted to the Trugen AI Platform by you or on your behalf, including content from End Users.
• Documentation means the technical materials provided by Trugen AI describing the use and operation of the Trugen AI Platform.
• End Users means individuals who interact with or access your products or services that integrate with the Trugen AI Platform.
• Trugen AI Platform means our software-as-a-service offering that includes content generation and interactive media services, made available through our website and related interfaces such as APIs or developer tools.
• Trugen AI Services means the Trugen AI Platform and all related services, including the Trugen AI Solution and Trugen AI Connectors.
• Trugen AI Solution means the Conversational Video Agents and conversation engine for generating human-like conversations.

2. Accounts and Access

2.1 Account Creation

To access certain features, you may need to register an account or connect through a valid third-party service account. You must provide true, accurate, current, and complete information and maintain this information's accuracy.

2.2 Account Ownership

You acknowledge that you have no ownership interest in your Account. All rights in your Account belong to Trugen AI. You are responsible for all activities that occur under your Account.

2.3 Access Rights

Subject to your compliance with these Terms, Trugen AI grants you a limited, non-exclusive, non-transferable license during the Term to:

• Access and use the Trugen AI Platform for personal use, internal business purposes, or incorporation into your own products or services
• Use the Documentation to support your authorized use
• Integrate Trugen AI APIs into your websites and applications for use by End Users

3. Customer Responsibilities

3.1 Content Responsibility

You are solely responsible for all Customer Content, including ensuring you have obtained all necessary rights, licenses, consents, and permissions to submit such content. This includes:

• Explicit consents for processing biometric data
• Written releases from individuals whose likeness, voice, or biometric identifiers are included
• Compliance with applicable data privacy laws

3.2 Generated Content Use

You are solely responsible for all uses of content generated through the Trugen AI Platform. You must ensure that generated content does not:

• Impersonate individuals without consent
• Misrepresent affiliation, sponsorship, or authorship
• Violate third-party rights
• Cause harm, offense, or confusion

3.3 AI Transparency

You must clearly inform End Users that they are interacting with an AI-generated avatar and comply with all applicable laws regarding synthetic audio or video content.

3.4 Acceptable Use

You agree to comply with our Acceptable Use Policy and ensure that all Customer Content and use of our services:

• Is not deceptive, defamatory, obscene, pornographic, or unlawful
• Does not contain malicious code or viruses
• Does not violate third-party rights

4. Intellectual Property

4.1 Trugen AI Ownership

Trugen AI retains all rights, title, and interest in the Trugen AI Platform, Documentation, and related technology. All rights not expressly granted are reserved.

4.2 Customer Ownership

You retain ownership of your Customer Content and any content generated through your use of the Trugen AI Platform, subject to the licenses granted to Trugen AI herein.

4.3 License to Trugen AI

You grant Trugen AI a non-exclusive, worldwide, royalty-free license to use Customer Content to:

• Generate requested outputs and provide platform functionality
• Maintain and improve Trugen AI's products and services
• Use aggregated and de-identified usage data for analytics and improvements

4.4 Feedback

Any feedback, suggestions, or recommendations you provide regarding the Trugen AI Platform may be used by Trugen AI without restriction or compensation.

5. Fees and Payments

5.1 Payment Processing

We use third-party payment processors including Stripe, Inc. You agree to their terms and authorize us to share payment information as necessary to complete transactions.

5.2 Payment Terms

You shall pay all fees in accordance with the billing terms in effect when fees are due. All fees are non-refundable except as expressly provided in these Terms.

5.3 Subscriptions and Auto-Renewal

If you purchase a subscription, it will automatically renew at our then-current pricing unless you cancel before the renewal date. You may cancel through your account settings.

5.4 Free Trials

Free trials automatically convert to paid subscriptions unless canceled before the trial period ends. By starting a free trial, you agree to this automatic conversion.

5.5 Taxes

Fees are exclusive of all applicable taxes, duties, and charges, which are your responsibility.

6. Restrictions

• Use the services for any unlawful purpose or in violation of these Terms
• Reverse engineer, decompile, or attempt to derive source code
• Access or use the services to build competing products
• Remove or alter proprietary notices
• Share API keys or access credentials with unauthorized parties
• Use the services in ways that could harm our systems or other users
• Enable interactions with Conversational Video Agents without clearly disclosing their AI nature

7. Third-Party Services

Our services may incorporate or provide access to third-party AI services and applications. We are not responsible for these third-party services, and your use is subject to their respective terms and policies.

8. Data and Privacy

8.1 Data Processing

Processing of personal data is governed by our Data Processing Addendum and Privacy Policy. We implement appropriate technical and organizational measures to protect your data.

8.2 Data Retention

Inputs and interactions are generally processed on a stateless basis with minimal retention, except where necessary for service functionality or legal compliance.

8.3 No Training Use

We will not use Customer Content to train AI systems or models, except where explicitly agreed for specific functionality enhancements.

9. Warranties and Disclaimers

9.1 Limited Warranty

We warrant that the Trugen AI Services will materially conform to the Documentation when used in accordance with these Terms.

9.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

10.1 Damages Limitation

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA.

10.2 Liability Cap

Our total liability shall not exceed the greater of: (i) amounts paid by you in the three months preceding the claim, (ii) $100, or (iii) applicable statutory remedies.

11. Indemnification

11.1 Your Indemnification

You will indemnify us against claims arising from: (a) your use of the services contrary to these Terms, (b) your Customer Content, (c) violation of third-party rights, or (d) your breach of these Terms.

11.2 Our Indemnification

We will indemnify you against third-party claims that your authorized use of the Trugen AI Solution infringes intellectual property rights, subject to the limitations and procedures outlined in these Terms.

12. Term and Termination

12.1 Term

These Terms commence when you accept them and continue until terminated in accordance with these Terms.

12.2 Termination Rights

Either party may terminate for material breach that remains uncured after 30 days' written notice. We may also terminate immediately for certain violations or if required by law.

12.3 Effect of Termination

Upon termination, your right to use the services ends, and we may delete associated data. Provisions that by their nature should survive will remain in effect.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of New Jersey.

13.2 Arbitration

Subject to certain exceptions, disputes will be resolved through binding arbitration rather than court proceedings. You waive rights to jury trial and class action participation unless you opt out within 30 days.

13.3 Informal Resolution

Before initiating arbitration, parties must engage in good faith informal dispute resolution.

14. General Provisions

14.1 Updates

We may update these Terms at any time. Material changes will be communicated to registered users at least 30 days in advance.

14.2 Assignment

You may not assign these Terms without our consent. We may freely assign our rights and obligations.

14.3 Severability

If any provision is found unenforceable, it will be modified to reflect the original intent, and the remainder of these Terms will remain in effect.

14.4 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control.

14.5 Entire Agreement

These Terms constitute the entire agreement between us regarding the subject matter and supersede all prior agreements.

15. Contact Information

For questions about these Terms or to provide notice or intellectual property infringement claims:

Email: support@trugen.ai