FILENAME: LICENSE.txt VERSION: 1.01 LAST_UPDATED: 2025-02-04 ============================================================================ END USER LICENSE AGREEMENT (EULA) ============================================================================ IMPORTANT - READ CAREFULLY End-user Software License Agreement for Alchetrix (OPC) Private Limited This Alchetrix (OPC) Private Limited's End-user License Agreement and Limited Warranty (hereinafter referred to as "the Agreement") is a legal agreement between you, either an individual or a single entity (hereinafter referred to as "user") and Alchetrix (OPC) Private Limited (hereinafter referred to as "Company") for the use of Alchetrix (OPC) Private Limited's aptselect. By installing, copying or otherwise using the Software, the user agrees to be bound by the terms of this Agreement. If the user does not agree to the terms of this Agreement, he is not authorized to use the Software. Indian copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Software. 1. COPYRIGHT / OWNERSHIP ------------------------ 1.1 Company specifically retains ownership of aptselect. Original Software which includes source code and other components. (The same is hereinafter referred to as 'the Original Software'). Company grants license to use aptselect. End user Software, which includes compiled code for end user on non-exclusive basis (the same is hereinafter referred to as 'the Software'). In order to preserve and protect rights of owners under applicable laws, Company does not grant copyright in the Software / Original Software. 1.2 Subject to the User’s compliance with this Agreement, Company does not claim ownership over the outputs, responses, results, or content generated by Third-Party AI Services through the Software (“Outputs”). As between Company and the User, the User retains all rights, title, and interest in and to such Outputs, to the extent permitted under applicable law. 1.3 Notwithstanding the above, Company makes no representation or warranty that the Outputs are original, non-infringing, or eligible for intellectual property protection, and similar or identical outputs may be generated for other users. 2. BETA SOFTWARE WARNING (CRITICAL) ----------------------------------- 2.1 Private Beta Status The User expressly acknowledges and agrees that the Software is provided in a “Private Beta” or pre-release state and has not been released as a final, production-ready product. 2.2 Known and Unknown Risks The Software may contain defects, bugs, errors, vulnerabilities, design flaws, or other issues that may result in unexpected behavior, inaccurate outputs, system instability, interruption of service, or loss, corruption, or alteration of data. 2.3 No Use in Mission-Critical Production Environments The Software is provided primarily for testing, evaluation, and feedback purposes. The User agrees that the Software shall not be used in mission-critical production environments, unless the User has implemented appropriate safeguards, redundancy measures, and comprehensive data backups. 3. MODE OF LICENSING -------------------- The mode of licensing shall be PERPETUAL LICENSE WITH PAID MAJOR UPGRADES which is further explained as but not limited to : 3.1 Your one-time purchase grants you a perpetual license to use the major version of the Software that you purchased (for example, Version 1.x). 3.2 Your license does not expire, and you may continue using that purchased version indefinitely. 3.3 This license does not include access to future major versions (for example, Version 2.0 or later), which may be offered as a separate paid purchase at our discretion. 3.4 You are not required to purchase any future major version to continue using your currently licensed version. 3.5 Minor updates, patches, or bug fixes within the same major version may be provided at our discretion but are not guaranteed. 3.6 The one-time purchase of license shall be accessed via the email that was used to create the login or be provided in the invoice. 4. RESTRICTIONS AND RIGHTS -------------------------- 4.1 The user cannot reverse-engineer, dissemble, de-compile or make any attempt to discover the source code of the Software or make an attempt to unlock or by-pass the registering system used in the Software. 4.2 The user must maintain all copyright notices on all copies of the Software. 4.3 The user must comply with applicable laws regarding the use of the Software. 4.4 The Software License sold is only for the specific version of the software as may mentioned in the invoice. The Software License for subsequent version may be a different product, and the user is prohibited from downloading or installing or using the Software pertaining to subsequent versions unless he has purchased the license for the same. 4.5 The user cannot copy and distribute the Software nor can he make it available by on-line service, remote dial-in, or network or telecommunication links of any kind. 4.6 The User shall not use the Software, Outputs, or any part thereof to develop, train, fine-tune, benchmark, or improve any artificial intelligence model or competing product or service, whether directly or indirectly, without the prior written consent of Company. 4.7 The User shall not input, upload, transmit, or process through the Software any sensitive personal data, special category data, or regulated information, including but not limited to biometric data, health records, financial account details, government identifiers, or any data prohibited under applicable data protection or privacy laws, unless the User has obtained all necessary consents and is legally permitted to do so. The User assumes sole responsibility for compliance with all applicable data protection laws. 4.8 The User shall not use Company’s name, trademarks, logos, or branding in any manner that suggests endorsement, partnership, or affiliation without Company’s prior written consent. 5. CONSENT FOR USE OF INFORMATION / SENDING ALERTS -------------------------------------------------- The Software automatically connects to Company's website through Internet for interaction and transmission of data such as updating the Software for minor bugs, providing messages, etc. Further, the Software also transmits device-specific information (such as hardware model, unique device identifiers, IP address, name/version/edition of the operating system/browser /other third party Software, etc.) and information pertaining to the use of the Software (such as frequency of use of features/modules, user profile, error report, etc.) to check compliance with the terms and conditions. By using the Software, the user consents to such transmission and use of that information by Company. 6. LOCAL DATA, TELEMETRY & USER CONSENT --------------------------------------- 6.1 Local-First Data Storage: - The Software is designed and operates as a local-first application. All prompts, API keys, authentication credentials, configuration files, logs, outputs, responses, results, and databases generated or used through the Software (collectively, “Local Data”) are stored locally on the User’s device and are NOT, by default, transmitted to or stored on Company’s servers. 6.2 Limited Telemetry and Technical Information: - The Software may transmit limited, non-content technical information solely for legitimate operational purposes, including but not limited to: a. license validation and enforcement; b. application security and fraud prevention; c. detection and resolution of software errors or crashes; d. delivery of minor updates, patches, or notifications; and e. product maintenance and improvement. f. Such information may include application version, operating system details, anonymized or pseudonymized identifiers, error logs, and license status, and shall not include the contents of prompts, API keys, or AI-generated outputs. 6.3 No Storage of Sensitive User Content: - Company does not collect, store, retain, back up, or process: a. User API keys or access tokens; b. User prompts or instructions; c. AI service requests or responses; or d. results generated through Third-Party AI Services. All such data remains under the sole custody and control of the User and/or the applicable Third-Party AI Service. 6.4 Storage & Availability: a. Unless expressly agreed to by the Company in writing, the Company has no obligation to store, host, retain, or back up any content, data, prompts, outputs, or materials submitted, generated, or processed by the User through the Software (“User Content”). b. The User acknowledges and agrees that the Company may impose reasonable limits relating to storage capacity or resource allocation in connection with the Software, as determined by the Company in its sole discretion. 7. USER RESPONSIBILITY FOR SECURITY AND DATA PROTECTION ------------------------------------------------------- 7.1 The User acknowledges and agrees that they are solely responsible for: a. securing their device, operating system, storage, and user accounts; b. protecting API keys, credentials, encryption keys, and access tokens; c. implementing appropriate security measures such as passwords, device encryption, firewalls, antivirus software, and backups; d. preventing unauthorized access, misuse, or disclosure of Local Data; and ensuring compliance with applicable data protection, confidentiality, and regulatory obligations related to the data processed using the Software. 7.2 Company shall not be responsible or liable for any loss, corruption, theft, unauthorized access, disclosure, or compromise of Local Data arising from the User’s device, network environment, malware, misconfiguration, or failure to implement adequate security controls. 8. THIRD-PARTY AI SERVICES, DATA TRANSMISSION & USER CONSENT ------------------------------------------------------------ 8.1 By using the Software, the User expressly consents to the Software interacting with and transmitting requests to third-party artificial intelligence platforms, APIs, model providers, or related services (“Third-Party AI Services”), including those selected or configured by the User, with whom Company may have no direct contractual relationship. 8.2 The Software enables the User to interact with third-party artificial intelligence platforms, model providers, APIs, and related services that are not owned, operated, or controlled by Company. 8.3 The User authorizes the Software to transmit such prompts, inputs, parameters, metadata, or related information as may be required to generate outputs from Third-Party AI Services. Such data may include user-provided text, files, instructions, or configurations necessary for processing requests by such services. 8.4 The User acknowledges and agrees that all costs, charges, token usage fees, subscription fees, or any other expenses imposed by Third-Party AI Services shall be borne solely by the User. Company shall have no responsibility or liability for any such costs, whether foreseen or unforeseen. 8.5 The User further agrees that the software shall not be used for any illegal purpose or any other purpose which is not in the interest of the society in general. 8.6 The User further understands the responses that are generated from the Third Party AI Services may be incomplete, incorrect or may be offensive output. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Company. 8.7 The User understands that access to and performance of Third-Party AI Services is subject to the availability, uptime, infrastructure, rate limits, policies, and technical constraints of such third-party systems, over which Company has no control. 8.8 The User represents and warrants that any data, files, prompts, or content submitted through the Software for processing by Third-Party AI Services shall be lawful and free from viruses, malware, trojan horses, worms, logic bombs, or other harmful code intended to damage, disrupt, or compromise any system or service. 8.9 Company assumes no responsibility or liability for any action or inaction, use or misuse, storage, retention, disclosure, processing, or security of User data by any Third-Party AI Service, intermediary platform, or external system over which Company has no control. 8.10 Company shall not be responsible or liable for any failure, delay, interruption, error, or inaccuracy in outputs or functionality arising from: a. authentication or authorization failures; b. API errors or changes; c. rate limits, outages, or discontinuation of services; d. network, connectivity, device, or infrastructure failures; e. technical or non-technical issues of Third-Party AI Services, whether foreseen or unforeseen. 8.11 The User agrees to comply with all applicable terms, policies, acceptable use requirements, and pricing conditions imposed by Third-Party AI Services. Company shall have no responsibility or liability for the User’s failure to adhere to such terms. 8.12 The User acknowledges and agrees that Company: a. does not guarantee the availability, reliability, accuracy, quality, legality, or continuity of any Third-Party AI Services; b. has no control over changes to APIs, models, endpoints, pricing structures, rate limits, or service terms of Third-Party AI Services; c. shall not be responsible for the removal, modification, degradation, suspension, or discontinuation of any Third-Party AI Service or any feature thereof; and d. is under no obligation to update, modify, or maintain the Software to ensure continued compatibility with any Third-Party AI Service. 8.13 Company does not act as a Data Fiduciary or Data Processor in respect of User Content processed locally or transmitted directly to Third-Party AI Services. 8.14 The User expressly waives any claim against Company relating to API usage, costs, billing disputes, or financial loss arising from interaction with Third-Party AI Services. 9. DISCLAIMER OF WARRANTY ------------------------- 9.1 THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. 9.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: a. IMPLIED WARRANTIES OF MERCHANTABILITY; b. FITNESS FOR A PARTICULAR PURPOSE; c. NON-INFRINGEMENT; d. ACCURACY, COMPLETENESS, OR RELIABILITY OF OUTPUTS; e. UNINTERRUPTED OR ERROR-FREE OPERATION. 9.3 Company does not warrant that: a. the Software will meet the User’s requirements; b. outputs generated through Third-Party AI Services will be accurate, lawful, or suitable for any purpose; or c. defects or errors will be corrected. 9.4 The Software and Outputs are provided for general informational purposes only and do not constitute legal, medical, financial, tax, or other professional advice. The User shall not rely on the Outputs as a substitute for advice from qualified professionals. Any reliance on the Outputs is at the User’s sole risk. 10. ACCEPTABLE USE & CONTENT SAFETY ----------------------------------- 10.1 The User agrees not to use the Software or Outputs to generate, promote, or disseminate any content that is unlawful, harmful, abusive, defamatory, discriminatory, sexually explicit, violent, misleading, or otherwise objectionable, or that infringes the rights of any third party. 10.2 Company reserves the right to suspend or terminate access to the Software if the User engages in activities that violate this section or pose a risk to Company, other users, or the public. 11. LIMITATION OF LIABILITY --------------------------- 11.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: a. loss of profits or revenue; b. loss of data or business opportunities; c. business interruption; d. API charges or financial losses; e. reputational harm. 11.2 COMPANY’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE SOFTWARE. 11.3 The limitations set forth in this section shall apply notwithstanding any failure of essential purpose of any limited remedy. 11.4 The User agrees to indemnify and hold harmless Company from any claims, damages, losses, liabilities, or expenses arising from the User’s misuse of the Software, violation of applicable laws, or breach of third-party terms, including those of AI service providers. 12. TERMINATION --------------- 12.1 This Agreement shall remain in effect unless and until terminated in accordance with its terms. 12.2 Company may terminate this Agreement immediately, without notice, if the User breaches any provision of this Agreement. 12.3 Upon termination: a. all rights granted to the User shall immediately cease; and b. the User must discontinue all use of the Software and destroy all copies in their possession or control. 12.4 Sections relating to ownership, restrictions, disclaimer of warranty, limitation of liability, indemnity, and governing law shall survive termination. 12.5 Your use of our Services could cause risk or harm to Company, our users, or anyone else. 13. GOVERNING LAW & JURISDICTION -------------------------------- 13.1 This Agreement shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. 13.2 The courts having jurisdiction at Jamnagar, Gujarat, India, shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement. 13.3 Before initiating any legal proceedings, the parties shall make a good-faith effort to resolve any dispute arising under this Agreement through informal discussions or negotiations. 14. SEVERABILITY ---------------- If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal. 15. WAIVER ---------- No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Company. Any consent by Company to, or a waiver by Company of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. 16. ENTIRE AGREEMENT -------------------- 16.1 This Agreement constitutes the complete and exclusive agreement between the User and Company with respect to the Software and supersedes all prior or contemporaneous agreements, representations, or understandings, whether written or oral. 16.2 Any amendment or modification to this Agreement shall be valid only if made in writing and published or authorized by Company. 17. REFUND POLICY ----------------- The Software is delivered as an immediate digital download. Payments are processed via Payment Processor. Refund Policy: All sales are final subject to a 14-day limited refund at our discretion. 18. COMPANY INFORMATION ----------------------- Alchetrix (OPC) Private Limited 2nd Floor Rajwadi Chamber, Chamber Hall Road,Grain Market, Jamnagar-361001, Gujarat India Contact: [email protected]