Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of the Rupam.ai website, API, Shopify plugin, SDKs, and all related services (collectively, the “Services”) provided by Xillentech Private Limited (“Rupam.ai,” “we,” “us,” or “our”), a company registered under the Companies Act, 2013, with its registered office in Ahmedabad, Gujarat, Bharat.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

2. Eligibility

You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you have the legal capacity to enter into a binding agreement. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Account Registration

To access certain features of the Services, you must create an account. You agree to:

• Provide accurate, current, and complete registration information.
• Maintain and promptly update your account information to keep it accurate.
• Maintain the security of your API keys and account credentials.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account.

4. Services and API Usage

Rupam.ai provides AI-powered skin analysis through a REST API, JavaScript embed widget, Shopify plugin, and SDKs. You agree to:

• Use the Services only for their intended purpose of skin analysis and product recommendation.
• Comply with all applicable API rate limits and usage quotas as defined by your subscription plan.
• Not use the API for facial recognition, identity verification, surveillance, or any purpose other than skin analysis.
• Not reverse-engineer, decompile, or attempt to extract the source code or underlying models of the Services.
• Not resell, sublicense, or redistribute API access without written authorization.
• Ensure that end users whose images are submitted for analysis have provided informed consent.

5. Subscription Plans and Billing

Rupam.ai offers subscription plans as described on our Pricing page. By subscribing to a paid plan, you agree to the following:

• Billing cycle: Monthly plans are billed on the same date each month. Annual plans are billed upfront for 12 months.
• Overage charges: If you exceed your monthly scan quota, overage scans are billed at the per-scan rate specified for your plan. You will receive email alerts at 80% and 100% of your monthly quota.
• Price changes: We may adjust pricing with 30 days’ written notice. Existing annual subscriptions are honoured at the original price for the remainder of the term.
• Taxes: All prices are exclusive of applicable GST and taxes, which will be added to your invoice.
• Free tier: The free tier (500 scans/month) remains available indefinitely. We reserve the right to modify free tier limits with 90 days’ notice.

6. Cancellation and Refunds

You may cancel your subscription at any time:

• Monthly plans: Cancellation takes effect at the end of the current billing period. No refunds for partial months.
• Annual plans: Early cancellation entitles you to a prorated refund for unused full months remaining in the term.
• Data after cancellation: Your account data and analysis history will be retained for 30 days after cancellation, after which it will be permanently deleted. You may export your data before cancellation.

7. Intellectual Property

All intellectual property rights in the Services, including AI models, algorithms, software, documentation, branding, and training datasets, are owned by Xillentech Private Limited.

• You retain ownership of images and data you submit to the Services.
• You grant Rupam.ai a limited, non-exclusive license to process your submitted data solely for the purpose of providing the Services.
• Analysis results generated by the API may be used freely by you for commercial purposes within the scope of your subscription.
• The Rupam.ai name, logo, and branding are trademarks of Xillentech Private Limited and may not be used without written permission.

8. Data Protection

We process personal data in accordance with our Privacy Policyand Bharat’s Digital Personal Data Protection Act, 2023 (DPDPA). See our DPDPA Compliance page for detailed information about our data protection practices.

All data is processed and stored on Bharat-hosted infrastructure (AWS Mumbai ap-south-1 region). We do not transfer personal data outside of Bharat without explicit consent or legal basis.

9. Acceptable Use

You agree not to use the Services to:

• Submit images of individuals without their informed consent.
• Submit images of minors under 18 years of age.
• Attempt to identify individuals from analysis results or correlate analysis data with personal identity.
• Use the Services for any discriminatory purpose, including hiring, lending, or insurance decisions based on skin characteristics.
• Engage in automated scraping, credential stuffing, or denial-of-service attacks against the API.
• Circumvent rate limits, usage quotas, or security measures.
• Use the Services to provide medical diagnoses. Rupam.ai is a cosmetic skin analysis tool, not a medical device.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. RUPAM.AI DOES NOT WARRANT THAT:

• The Services will be uninterrupted, error-free, or completely secure.
• AI analysis results will be 100% accurate for every skin type and condition.
• The Services are suitable for medical diagnosis or treatment decisions.

Rupam.ai is a cosmetic skin analysis tool. It is not a substitute for professional dermatological consultation.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY BHARATIYA LAW, RUPAM.AI’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO RUPAM.AI IN THE 12 MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL RUPAM.AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL.

12. Indemnification

You agree to indemnify and hold harmless Rupam.ai, Xillentech Private Limited, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Services in violation of these Terms.
• Your violation of any applicable law or regulation, including DPDPA 2023.
• Your failure to obtain proper consent from end users whose images are submitted for analysis.
• Any content you submit through the Services.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Bharat. Any disputes arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Ahmedabad, Gujarat.

Before initiating legal proceedings, both parties agree to attempt resolution through good-faith negotiation for a period of 30 days. If negotiation fails, disputes shall be resolved through arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator appointed in Ahmedabad, Gujarat.

14. General Provisions

• Entire agreement: These Terms, together with our Privacy Policy and DPDPA Compliance documentation, constitute the entire agreement between you and Rupam.ai.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. Rupam.ai may assign its rights and obligations without restriction.
• Amendments: We may modify these Terms at any time by posting the updated Terms on our website. Material changes will be notified via email at least 30 days in advance.
• Force majeure: Neither party shall be liable for delays or failures caused by events beyond reasonable control, including natural disasters, government actions, or internet infrastructure failures.