Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "You", "Your") and Triovex Technologies Private Limited, a company incorporated under the laws of India, having its registered office at Kolkata, West Bengal, India ("Company", "We", "Us", "Our"), governing your access to and use of the Mind Sphire platform and services ("Service", "Platform").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you must immediately discontinue use of the Service.

2. Definitions

• "Content" means any text, documents, files, images, data, or other materials uploaded, submitted, or transmitted by Users through the Service.
• "Intellectual Property" means patents, copyrights, trademarks, trade secrets, and any other proprietary rights under applicable law.
• "AI Services" means artificial intelligence-powered features including but not limited to document analysis, summarization, question-answering, and knowledge management.
• "Personal Data" has the meaning ascribed under the Digital Personal Data Protection Act, 2023 ("DPDP Act") and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 ("SPDI Rules").

3. Eligibility

You must be at least 18 years of age or the age of legal majority in your jurisdiction to use the Service. By using the Service, you represent and warrant that you meet this eligibility requirement. If you are accessing the Service on behalf of an organization, you represent that you have authority to bind such organization to these Terms.

4. Account Registration and Security

To access certain features, you must create an account by providing accurate, complete, and current information. You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities occurring under your account
• Immediately notifying us of any unauthorized access or security breach
• Ensuring your account information remains accurate and up-to-date

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or unlawful activities.

5. Description of Service

Mind Sphire is an AI-powered knowledge management and learning platform that enables users to:

• Upload and organize documents and files
• Interact with AI-powered assistants for analysis, summarization, and question-answering
• Generate learning materials and study aids
• Manage personal knowledge bases

The Service is provided "as is" and we do not guarantee that AI-generated outputs are complete, accurate, or error-free. Users should independently verify critical information.

6. User Content and License

You retain all ownership rights to Content you upload to the Service. By uploading Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to process, store, analyze, and display your Content solely for the purpose of providing and improving the Service.

You represent and warrant that:

• You own or have the necessary rights to upload the Content
• Your Content does not infringe any third-party Intellectual Property rights
• Your Content does not violate any applicable laws or regulations
• Your Content does not contain malicious code, viruses, or harmful components

7. Acceptable Use Policy

You agree not to use the Service to:

• Upload, transmit, or distribute any Content that is unlawful, defamatory, obscene, offensive, or promotes violence, hatred, or discrimination
• Violate any applicable laws, including the Information Technology Act, 2000 and rules thereunder
• Infringe upon any third-party Intellectual Property rights, including copyrights, trademarks, or patents
• Attempt to gain unauthorized access to our systems, servers, or other users' accounts
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated tools, bots, or scrapers to access the Service without our written consent
• Engage in any activity that disrupts or interferes with the Service's operation
• Impersonate any person or entity or misrepresent your affiliation

8. Intellectual Property Rights

The Service, including its original content, features, functionality, software, design, trademarks, and logos, is the exclusive property of Triovex Technologies Private Limited and is protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and other applicable Intellectual Property laws of India and international treaties.

Nothing in these Terms grants you any right, title, or interest in the Service or our Intellectual Property, except the limited license to use the Service as permitted herein.

9. Payments, Subscriptions, and Refunds

Certain features of the Service require payment. By subscribing to a paid plan, you agree to:

• Pay all applicable fees as displayed at the time of purchase
• Provide accurate and complete payment information
• Authorize us to charge your payment method for recurring subscriptions

Refund Policy: Refunds may be provided at our sole discretion with certain considerations under the Consumer Protection Act, 2019. Digital services are generally non-refundable once access has been provided. For any refund requests, contact us at support@triovextech.com.

We reserve the right to modify pricing with 30 days' prior notice. Continued use after price changes constitutes acceptance of the new pricing.

10. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your Personal Data in compliance with the Information Technology Act, 2000, the SPDI Rules, 2011, and the Digital Personal Data Protection Act, 2023.

We implement reasonable security practices and procedures as required under Indian law to protect your sensitive personal data from unauthorized access, disclosure, alteration, or destruction.

11. Third-Party Services

The Service may integrate with or contain links to third-party services, websites, or AI providers. We are not responsible for the content, privacy practices, or terms of any third-party services. Your use of third-party services is at your own risk and subject to their respective terms.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that: (a) the Service will be uninterrupted, secure, or error-free; (b) AI-generated outputs will be accurate, complete, or reliable; (c) any errors will be corrected; or (d) the Service will meet your specific requirements.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIOVEX TECHNOLOGIES PRIVATE LIMITED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR INR 10,000 (RUPEES TEN THOUSAND ONLY), WHICHEVER IS GREATER.

14. Indemnification

You agree to indemnify, defend, and hold harmless Triovex Technologies Private Limited, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of the Service; (b) your Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.

15. Termination

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination:

• Your right to use the Service will immediately cease
• You may request a copy of your Content within 30 days of termination
• We may delete your Content and account data after 30 days
• Provisions that by their nature should survive termination shall survive

You may terminate your account at any time by contacting us at support@triovextech.com.

16. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, power failures, internet or telecommunications failures, or cyberattacks.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. The Indian Contract Act, 1872, the Information Technology Act, 2000, and other applicable Indian laws shall apply to this Agreement.

Exclusive Jurisdiction: Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Kolkata, West Bengal, India.

18. Dispute Resolution

Before initiating any legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us. If the dispute is not resolved within 30 days, either party may proceed with formal dispute resolution.

Arbitration: Any dispute not resolved informally may be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English, in Kolkata, India, by a sole arbitrator mutually appointed by the parties.

19. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or through the Service at least 30 days before they take effect. Your continued use of the Service after the effective date of changes constitutes acceptance of the modified Terms.

20. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall continue in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and Triovex Technologies Private Limited regarding the Service and supersede all prior agreements, understandings, and communications.