AI fashion model photography — Caimera AI fashion platform terms and conditions

TERMS & CONDITIONS

Last updated: 13 October 2026


1. AGREEMENT TO TERMS


These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Bahaal Technologies Private Limited, doing business as Caimera (“Caimera”, “Company”, “we”, “us”, or “our”), concerning your access to and use of the caimera.ai website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are a company incorporated in India with our registered office at 143 Rajdeep, Lt. Dilip Gupte Marg, Mahim, Mumbai, Maharashtra 400016. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Platform is intended for business use by persons aged 18 or over. If you use the Platform on behalf of an entity, you represent that you are authorised to bind that entity to these Terms.

Access to Services. The User may access the Services via its own internet connection and the User must provide all equipment and software necessary for such connection, including but not limited to, applicable application program interfaces that have sufficient bandwidth to facilitate the Services. The User is solely responsible for any fees, including internet connection fees, that the User incurs when accessing the Services, excluding those necessary for Company to provide the Services generally

Independent Contractors. The Parties are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.

Privacy Policy. The User acknowledges and agrees that the use of the Platform by the Customer and the Users is governed by the Company’s Privacy Policy available at https://www.caimera.ai/privacy-policy. The Privacy Policy shall constitute an integral part of these Terms.

Artificial Intelligence. The User acknowledges that the Platform is provided by using artificial intelligence tools. While efforts have been made to ensure the quality and reliability of the Platform, there may be limitations, inaccuracies, or biases present, which are beyond the reasonable control of the Company.

Anonymous Information. The Company may collect, monitor and freely use Anonymous Information (as defined below), inter alia to provide, develop, maintain, improve, demonstrate and market the Platform. “Anonymous Information” means information about the use of the Platform which does not enable identification of an individual, such as aggregated data, metadata, and analytic information.

Use of Customer Data for AI Training. On paid plans, Caimera does not use the images, prompts or other materials you upload (“Inputs”) or the content generated for you (“Outputs”) to train its own or any third party’s AI models. Caimera may use anonymised data derived from Inputs and Outputs to maintain and improve the performance of the services provided to you. On free plans, Caimera may use Inputs and Outputs to train, develop and improve its models and services.



2. INTELLECTUAL PROPERTY RIGHTS


By accessing and using the Caimera service to generate images (the “Service”), you agree to abide by these terms and conditions. Please be aware that this policy may be updated from time to time to comply with changing legal standards and industry practices. These terms and conditions govern the use of:

1. Ownership of Outputs: As between you and Caimera, and subject to payment of all applicable fees, all right, title and interest (including any copyright, to the extent such rights exist) in the images, videos and other content generated by or for you through the Platform (“Outputs”) vests in you, perpetually and worldwide, and continues after your subscription ends. Your ownership extends to each Output as a whole and does not extend to the underlying models, templates, backgrounds, model likenesses, software or other components of the Platform, which remain the property of Caimera. Due to the nature of generative AI, Outputs may not be unique and similar content may be generated for other users.

2. Your Inputs: You retain ownership of your Inputs. You represent and warrant that you own or have all rights, licences and consents (including from any individual whose image or likeness appears) needed to upload and use your Inputs, and that your Inputs do not infringe the rights of any third party. You grant Caimera a limited licence to use Inputs to provide the Platform to you and as described in “Use of Customer Data for AI Training” above.

3. Customer Name and Logo: You grant Caimera the right to use your name, logo and trademarks to identify you as a customer, and to display Outputs generated for you, on our website, social media and sales and marketing materials. You may opt out at any time by emailing contact@caimera.ai, and we will stop new uses within 30 days.


Our Platform utilises generative AI and large language model technologies, which can produce content that may appear highly realistic or convincing, including text, images, audio, and video outputs (collectively, Generated Content). You acknowledge and agree that Generated Content may include deep fakes, misinformation, biases, or other potentially misleading or inaccurate information. You are solely responsible for evaluating and verifying the accuracy, reliability and legality of any Generated Content before relying on or using it for any purpose

Company Intellectual Property. All right, title and interest in the Platform, including without limitation, any content, materials, software, know-how, data files, documentation, code, SDK, API, designs (including the “look and feel” of the Platform and any part thereof), graphics, text, media, photographs, images, illustrations, sketches, methodologies, artwork, names, logos, copyrightable materials, specifications, methods, procedures, information, interactive features, interface, GUI and trade secrets, trademarks and services marks (excluding the User Data), any and all related or underlying technology and any updates, new versions, modifications, improvements, developments or derivatives thereof, belongs to the Company and its licensors and these Terms do not convey to you any interest in or to the Platform, except for a limited right of use as set forth herein, terminable in accordance with these Terms. This paragraph does not affect your ownership of Outputs under this Section 2. 

Prohibited Use. Customer and its Users may not, and may not permit or aid others to: (i) use the Platform for any purpose other than the purpose explicitly set forth herein; (ii) copy, modify, alter, translate, emulate, create derivative works based on, or reproduce the Platform; (iii) give, sell, distribute, assign, pledge or transfer (by any means), sublicense, rent, lease or otherwise share the rights granted under these Terms to any third party, including, but not limited to the User’s affiliates, or use the Platform in any service bureau arrangement; (iv) reverse engineer, de-compile, decrypt, revise or disassemble the Platform or any part thereof, or extract source code from the object code of the Platform, or access or use the Platform in order to build or assist in building a competing product or service or for benchmarking purposes; (v) bypass any measures the Company may use to prevent or restrict access to the Platform, and/or take any action intended to circumvent or disable the operation of any security feature or measure of the Platform; (vi) access the Platform or Company’s systems via any means other than through the interface provided by the Company, or via automated means, including by crawling, scraping, caching or otherwise; (vii) use the Platform in any manner that is illegal or not authorized by these Terms; (viii) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s (or the Company’s service providers’) infrastructure; (ix) interfere or attempt to interfere with the integrity or proper working of the Platform; (x) remove, deface, obscure, or alter Company’s or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Platform; (xi) provide any unauthorized third party access to the Platform; or (xii) use the Platform to send unsolicited or unauthorized communications or for any harmful or inappropriate purpose. The User will be solely and fully liable for any losses, damages, liabilities and expenses incurred by Company or a third party due to any unauthorized use of the Platform by the User or by any of its Users or third party on behalf of the User.

Feedback. The User may provide the Company suggestions, comments or other feedback regarding the Platform (the “Feedback”), and such Feedback shall become the Company’s sole property without any restrictions. The Company may use any Feedback at its sole discretion, free from any right of the User or any third party and without any obligation towards the User. The User explicitly and irrevocably waives any and all claims relating to any rights in or to Feedback. The User shall not provide the Company with any Feedback which infringes any third party’s right. 



3. USER REPRESENTATIONS


By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are at least 18 years old; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; (7) your use of the Site will not violate any applicable law or regulation; and (8) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).


4. USER REGISTRATION


To access and use the Platform, you must register and create an account (the “Account”). As part of the registration process, you may be required to provide accurate, complete, and up-to-date personal information, including but not limited to your name, phone number, organizational or personal email address, and a password. The Company reserves the right, at its sole discretion, to refuse registration or block access to the Platform for any User. You are responsible for maintaining the confidentiality of your password and Account information. You agree to notify the Company immediately of any breach of security or unauthorized use of your Account. You are solely responsible and liable for all activities conducted through your Account. This includes any losses, damages, liabilities, or expenses incurred by the Company or third parties due to unauthorized use of your Account by you, other Users, or third parties acting on your behalf. As part of your registration, you may select a username. The Company reserves the right, at its sole discretion, to remove, reclaim, or change any username deemed inappropriate, obscene, or otherwise objectionable. You must ensure that any information provided during registration remains accurate and up-to-date. Failure to do so may result in restricted access or termination of your Account.


5. FEES AND PAYMENT


We accept the following forms of payment: Visa, MasterCard, American Express. You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Applicable taxes will be added to the price of purchases as deemed required by us. We may change prices in accordance with Section 5.1. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.


5.1 SUBSCRIPTION FEES AND PAYMENT TERMS:

  • For the use of the Platform, the Customer shall pay to Caimera the Subscription Fee(s) as set out in the Agreement or otherwise agreed in writing between the Parties.

  • If the Customer’s use of the Platform exceeds the applicable Subscription Plan or otherwise requires the payment of additional fees (per the terms of the Agreement and/or the then current fees as set out on the Platform), the Customer shall be billed for such usage and the Customer agrees to pay the additional fees in the manner provided therein.

  • Caimera reserves the right to change the Subscription Fees or applicable charges and to institute new charges and Subscription Fees at the end of the initial term of the Agreement or then current Renewal Term, upon 30 (thirty) days prior written notice to the Customer.

  • Payment will be made by the Customer in accordance with Caimera’s payment terms and, if applicable, those of any third party payment processor.

  • Caimera may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Caimera 7 (seven) days after the date of the invoice.

  • The Subscription Fees are payable in advance, irrevocable and non-refundable, except as set forth in the Agreement.

  • The Customer agrees to provide Caimera with complete and accurate billing and contact information. Caimera will invoice the Customer at the Effective Date and thereafter, on a monthly or annual basis, whichever the Parties had agreed under the Agreement, in advance of the relevant billing period, and all such amounts invoiced will be due within 7 (seven) days of the Customer’s receipt of such invoice.

  • If the Customer believes that Caimera has billed the Customer incorrectly, the Customer must contact Caimera no later than 7 (seven) days after the closing date on the 1st (first) billing statement in which the error or problem appeared, in order to receive an adjustment or credit.

  • Unpaid amounts are subject to an interest charge of 1.5% (one point five percent) per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection.

  • All amounts stated in or in relation to the Agreement are, unless the context requires otherwise, stated exclusive of any applicable value added taxes, which will be added to those amounts and payable by the Customer to Caimera.

  • Caimera reserves the right, in its discretion, to suspend the Customer’s access to the Platform and/or the use of Deliverables in the event that any payment is due but unpaid and the Customer has been requested but failed to cure such payment failure.

  • The Customer agrees that Caimera shall not be liable to the Customer nor to any third party for any suspension of the Customer’s access to the Platform and/or use of the Deliverables resulting from the Customer’s non-payment of Subscription Fees.

5.2 TAXES. The Fees are exclusive of any and all taxes (including without limitation, value added tax, sales tax, use tax, excise, goods and services tax, etc.), levies, or duties, which may be imposed in respect of these Terms (the “Taxes”). If the User is located in a jurisdiction which requires the User to deduct or withhold Taxes or other amounts from any amounts due to the Company, the User shall promptly notify the Company, in writing, and the Company shall make reasonable efforts to avoid any such Tax withholding, provided, however, that in any case, the User shall bear the sole responsibility and liability to pay such Tax and such Tax shall be “grossed up” and added on top of the Fees payable by the User.

5.3 Payment Processing. The User hereby authorizes the Company, either directly or through third party’s payment processing service, to charge the Fees via the User’s selected payment method. Payments processed by a third party are in such third party’s exclusive responsibility and are subject to such third party’s terms and conditions. The User agrees that such third party’s terms and conditions shall apply to its payment of the Fees. THE COMPANY WILL NOT BE LIABLE FOR THE ACTIONS OR OMISSIONS OF ANY THIRD-PARTY PAYMENT PROCESSOR. The User hereby authorizes third-party payment processors to provide data and information to the Company. The Company may remove, add or replace any of its payment processing services from time to time or process payments itself, at its sole discretion.

5.4 Payment Terms. The Fees set forth in each Order Form are final. The User shall pay each invoice in accordance with the payment terms set forth in the Order Form. Unless otherwise set forth in the Order Form, the Fees shall be paid in full for the applicable Subscription Term in advance, upon receipt of an invoice. All Fees are non-cancelable and non-refundable, unless otherwise required by mandatory law. The aforesaid shall not derogate from any other right or remedy which the Company may be entitled to. The User will be responsible for all reasonable expenses (including reasonable attorneys’ fees) incurred by the Company in collecting any payment. The Platform shall be made available to the User for the applicable Subscription Term only following receipt by the Company of the Fees and any other amounts due by the User. Payment in installments shall not imply that the User may terminate the Subscription during the Subscription Term prior to the payment of any installment.

5.5 Chargebacks. If you dispute a charge, please contact contact@caimera.ai first so we can resolve it. Initiating a chargeback or payment dispute for fees that are validly due is a material breach of these Terms. Caimera may suspend your access to the Platform until the dispute is resolved and you have paid all amounts due, together with any fees and costs Caimera incurs because of the chargeback.

Subscription Auto-Renewal. In order to ensure that the User will not experience any interruption or loss of services, the User’s Subscription shall automatically renew by default, unless canceled by the User prior to its expiration in accordance with https://www.caimera.ai/pricing or such other terms mutually agreed upon for a renewal period equal in time to the original Subscription Term (excluding any renewal period) at the then applicable Fees. The treatment of unused credits on renewal, including whether they carry forward to the renewed Subscription, is as set out at https://www.caimera.ai/pricing. Notwithstanding anything to the contrary herein, the Company may decide, at its sole discretion, not to renew the User’s Subscription by a 30-day advance written notice to the User.


6. CANCELLATION


All purchases are non-refundable. You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at contact@caimera.ai.


7. ACCEPTABLE USE POLICY


You may not upload any Input or use the Platform or any Output to:

  • generate nudity, sexually explicit content, obscene gestures, or shocking, profane, hateful, violent or harmful material;

  • generate spam, or false, misleading or deceptive content, including content intended to impersonate a real person or deceive consumers;

  • depict any identifiable real person without that person’s consent, or depict minors in any sexualised or inappropriate manner;

  • infringe any intellectual property, privacy, publicity or other right of a third party, including by uploading registered trademarks, celebrity likenesses or other third-party content you are not authorised to use;

  • train, fine-tune or build any AI model, or replicate the Platform, including by extracting patterns, parameters or synthetic data from Outputs for that purpose;

  • violate any applicable law, including laws relating to intellectual property, privacy, data protection, consumer protection or export controls.

Caimera does not verify the ownership, authenticity or usage rights of Inputs. If we reasonably believe any Input or Output breaches this policy, we may remove it, suspend or terminate your account, and disclose it to law enforcement or regulators where required by law.


You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  • Use any information obtained from the Site in order to harass, abuse, or harm another person.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Site in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorized framing of or linking to the Site.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts , alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content or attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  • Use the Site as part of any effort to compete with us.


8. THIRD-PARTY WEBSITES AND CONTENT


The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.


9. SITE MANAGEMENT


We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Inputs or Outputs or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.


10. PRIVACY POLICY


We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Your data is stored and processed by Caimera and its subprocessors in the locations set out in our subprocessor list. By using the Platform you acknowledge that your data may be transferred to and processed in countries other than your own, subject to appropriate safeguards. Depending on your jurisdiction, you may have certain rights concerning your personal data, such as the right to access, correct, delete, or restrict processing of your personal data, or to withdraw consent where applicable. We encourage you to review your rights under your local laws and contact us with any concerns regarding the handling of your personal data.We are committed to complying with applicable global privacy regulations, including, but not limited to, the General Data Protection Regulation (GDPR) in the EU, the California Consumer Privacy Act (CCPA) in the United States, and other relevant privacy laws. Regardless of your location, by using the Platform, you agree to the terms of our Privacy Policy, and to the processing of your data as described within it.


11. TERM AND TERMINATION

The Agreement shall remain in full force and effect while you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THE AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF the Platform (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THE AGREEMENT OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN the Platform OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Termination for Cause. A breach of obligations by either party which is not cured within 10 days from receiving notice thereof shall entitle the non-breaching party to terminate these Terms. If a party files for or becomes subject to any bankruptcy, reorganization, insolvency or moratorium proceeding, or makes an assignment for the benefit of creditors, the other party may terminate these Terms immediately.

Termination or Suspension by Company. Company may terminate or suspend the User’s use of and access to the Platform (or any part thereof) immediately, without prior notice or liability, in each of the following events: (i) the Company believes, in its sole discretion, that the User or any third party, is using the Platform in a manner that may impose a security risk, may cause harm to the Company or any third party, and/or may create any liability to the Company or any third party; (ii) if the Company believes, in its sole discretion, that the User or any third party, is using the Platform in breach of these Terms or applicable laws; or (iii) if the Company is unable to charge the Fees through the User’s approved payment means or if any payment is or is likely to become, overdue. The aforementioned rights are in addition to any rights and remedies that may be available to the Company in accordance with these Terms and/or under any applicable law.

Termination by the User. The User may terminate its Subscription to the Platform by cancelling its Subscription, whereby termination will take effect at the end of the then-current Subscription Term and shall not derogate from the User’s obligation to pay the applicable Fees for the Subscription Term.

Effect of Termination. Unless expressly indicated otherwise in these Terms, termination or expiration shall not relieve the User from its obligation to pay due Fees. Upon termination or expiration, the User’s Subscription and access to the Platform shall terminate, including access to Outputs and User Data stored on the Platform. The User is solely responsible for downloading Outputs and exporting User Data before termination or expiration; afterwards the Company may delete them without retaining a copy. The User’s ownership of Outputs for which fees have been paid survives termination. The User shall return or destroy, at Company’s choice, Company’s Confidential Information then in its possession.

Survival. All the provisions of these Terms which by their nature should survive termination (including, without limitation, confidentiality, ownership and intellectual property, warranty disclaimers, indemnification obligations and limitations of liability) shall remain in full force and effect following termination thereof, for any reason whatsoever. Termination of these Terms shall not relieve the User from any obligation arising or accruing prior to such termination or limit any liability which the User otherwise may have to the Company.


12. MODIFICATIONS, INTERRUPTIONS & CORRECTIONS


We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.


13. GOVERNING LAW


These Terms and your use of the Site and Platform are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.


14. DISPUTE RESOLUTION


Negotiation: The parties shall first attempt to resolve any dispute arising out of or in connection with these Terms (“Dispute”) through good-faith negotiations.

Arbitration: If a Dispute is not resolved within 30 days, either party may refer it to arbitration by a sole arbitrator jointly appointed by the parties, in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Mumbai, India, and the language English. The award shall be final and binding and may be enforced in any court of competent jurisdiction. Each party shall bear its own costs, and the arbitrator’s fees shall be shared equally, unless the arbitrator decides otherwise. Subject to the foregoing, the courts at Mumbai shall have exclusive jurisdiction.

Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions: Nothing in this Section prevents either party from seeking injunctive or other interim relief from a court of competent jurisdiction to protect its intellectual property rights or confidential information.

Time limit: Any Dispute must be commenced within one (1) year after the cause of action arose.


15. DISCLAIMER


THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (I) THE ACCESS TO AND USE OF THE PLATFORM OR OF THE OUTPUTS IS AT ITS SOLE RISK, (II) THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND RESULTS IS SOLELY WITH CUSTOMER, (III) THE OUTPUT GENERATED BY THE PLATFORM, INCLUDING WITHOUT LIMITATION, THE OUTPUTS, MAY BE RANDOM, AND SHOULD BE EVALUATED FOR ACCURACY AS APPROPRIATE FOR THE CUSTOMER’S USE CASE, INCLUDING BY EMPLOYING HUMAN REVIEW OF SUCH OUTPUT, AND (IV) DUE TO THE NATURE OF THE PLATFORM, THE OUTPUTS MAY NOT BE UNIQUE, AND SIMILAR PHOTOS MAY BE GENERATED BY THE PLATFORM FOR OTHER CUSTOMERS OR USERS OF THE PLATFORM. 

EXCEPT AS EXPLICITLY SET FORTH HEREIN, THE PLATFORM INCLUDING WITHOUT LIMITATION, THE OUTPUTS ARE SUPPLIED “AS IS”, AND WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, COMMON LAW OR OTHERWISE. COMPANY DOES NOT WARRANT THAT THE USE OF THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS OR EXPECTATIONS. 

COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE PLATFORM AND THE OUTPUTS AND CUSTOMER’S USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY OR NON-INFRINGEMENT. WITHOUT DEROGATING FROM THE FOREGOING, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF THE PLATFORM AND THE OUTPUTS, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF CUSTOMER’S SERVERS OR DEVICES AND ANY INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION, LOSS OR LEAK OF DATA OR OTHER COMMUNICATIONS, AND/OR (IV) ANY DELAYS, DELIVERY FAILURES, OR ANY OTHER LOSS OR DAMAGE RESULTING FROM THE HOSTING, STORAGE OR TRANSFER OF SOFTWARE OR DATA OVER COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET, AND THE PERFORMANCE OF ANY THIRD-PARTY COMMUNICATION, HOSTING OR STORAGE PROVIDER.


16. LIMITATIONS OF LIABILITY


NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AFFILIATES, AGENTS, MEMBERS OR EMPLOYEES BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY: (I) SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES; (II) LOSS OF DATA, INFORMATION, GOODWILL, PROFITS, SAVINGS, OR PURE ECONOMIC LOSS; (III) THE FAILURE OF INDUSTRY STANDARD SECURITY MEASURES AND PROTECTIONS; AND/OR (IV) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES; REGARDLESS OF (A) WHETHER COMPANY ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE; OR (B) THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT).

CUSTOMER SPECIFICALLY AGREES THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY UNLAWFUL, EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OF ANY OTHER PARTY ON OR THROUGH THE PLATFORM, OR FOR ANY INFRINGEMENT OR VIOLATION OF CUSTOMER’S RIGHTS BY ANY OTHER PARTY, INCLUDING, WITHOUT LIMITATION, PRIVACY RIGHTS.

COMPANY’S TOTAL AGGREGATE AND CUMULATIVE LIABILITY FOR ALL DIRECT CLAIMS, DAMAGES AND LOSSES (WHETHER IN CONTRACT, TORT OR OTHERWISE), IS LIMITED TO THE FEES PAID TO THE COMPANY FOR USE OF THE PLATFORM IN THE SIX (6) MONTHS PRECEDING THE CAUSE OF THE CLAIM.

TIME LIMIT FOR CLAIMS: YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.


17. INDEMNIFICATION


You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Inputs and your use of Outputs; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; or (5) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.


18. USER DATA


We will maintain certain data that you transmit to the Platform for the purpose of managing the performance, functionality, and security of the Platform, as well as data related to your use of the Platform. This includes information that you provide during the course of using the Platform, including but not limited to your account details, activity logs, and usage metrics. We will also perform routine backups of such data to ensure operational continuity and minimize the risk of data loss.

However, while we take reasonable precautions to protect the integrity of the data, you acknowledge and agree that you are solely responsible for all data you transmit to or generate through your use of the Platform. This responsibility includes ensuring the accuracy, completeness, and integrity of your data, as well as maintaining any necessary backups on your own. We strongly recommend that you regularly back up your data independently.

You understand and agree that, despite our routine data backup efforts, we cannot guarantee the absolute security, integrity, or availability of any data you transmit or generate while using the Platform. In the event of data loss, corruption, or unauthorized access, we shall have no liability to you for such incidents, including any indirect, consequential, or punitive damages that may arise.

By using the Platform, you waive any right of action against us, our subsidiaries, affiliates, employees, agents, or partners, for any loss, corruption, or unauthorized access to your data, whether such loss or corruption occurs due to our actions, negligence, or any external factors beyond our control, including but not limited to technical failures, hacking, or data breaches.



19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES


By visiting the Platform, sending us emails, or completing online forms, you engage in electronic communications. You consent to receive electronic communications from us, including notices, agreements, policies, disclosures, and other communications, and you agree that all such communications provided to you electronically, either via email or through the Platform, fulfill any legal requirement that such communications be in writing. This includes, but is not limited to, contracts, terms, conditions, and other communications that are required by law or regulation to be in writing.

You agree to the use of electronic signatures in place of handwritten signatures, and you acknowledge that electronic signatures will be legally binding on you. These electronic signatures will be used for contracts, orders, agreements, and other records associated with transactions that are initiated or completed through the Platform.

Furthermore, you consent to the electronic delivery of notices, policies, and records related to transactions that are initiated, completed, or processed by us or through the Platform. This may include, but is not limited to, order confirmations, billing statements, updates to the Agreement, Privacy Policies, and other communications required to manage your account or use of the Platform.

By using the Platform and engaging in electronic communications with us, you hereby waive any rights or requirements under any applicable statutes, regulations, rules, ordinances, or laws in any jurisdiction that would require an original signature, physical delivery, or retention of non-electronic records. You also waive any rights that would require payments, granting of credits, or other transactions to be executed through means other than electronic methods.

You acknowledge and agree that all electronic communications, including records of your transactions, will be stored electronically and may be used as evidence in legal proceedings if necessary. You further agree that all communications related to your account and transactions will be made through electronic means unless otherwise required by law.



20. CONFIDENTIALITY


Each Party agrees: (a) to receive and maintain in confidence all Confidential Information disclosed to it by (or on behalf of) the other Party; (b) not to use the Confidential Information of the other Party except to the extent necessary to perform its obligations or exercise rights under the Agreement; (c) to limit the internal dissemination of Confidential Information to those employees and contractors of the recipient who have a need to know and an obligation to protect it; and (d) to protect the confidentiality of Confidential Information in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information). Caimera will restrict its employees’ access to the Customer’s Confidential Information to only those employees necessary in connection with the obligation of Caimera under the Agreement. Caimera may disclose Confidential Information on a need-to-know basis to its contractors who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their services for Caimera in connection with the performance of the Agreement. Confidential Information shall not include information that: (i) is known publicly; (ii) is generally known in the industry before disclosure; (iii) has become known publicly, without fault of the recipient Party, subsequent to disclosure by the disclosing Party; or (iv) the recipient Party becomes aware of from a third party not bound by non-disclosure obligations to the disclosing Party and with the lawful right to disclose such information to the recipient Party. The Parties agree to give the other Party prompt notice of the receipt of any subpoena or other similar request for such disclosure.



21. MISCELLANEOUS


These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.


22. CONTACT US


In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:


contact@caimera.ai