Terms of Service

Effective Date: 4-Apr-2025

These Terms of Service(“Terms”) govern your access to and use of the services, software, and websites (the, “Service”) provided by "Dreamzest Technology Pvt. Ltd.", doing business as "Karta" (“Karta,” “we,” “our,” or “us”). By signing an Order Form, accessing, or using the Service, you (“Customer” or “you”) agree to be bound by these Terms. If you are entering into this agreement on behalf of a company or organization, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not use the Service.

About Karta

Karta owns and operates a Software as a Service (SaaS) platform offering AI powered customer support for enterprise use-cases (the "Service"). Our Service enables our Customers to implement AI-driven workflows for their specific customer support requirements. It also allows them to grant access to their end users ("Users") for interacting with these workflows. Anything the Customer and Users configures, customizes, uploads, or otherwise utilizes through the Service is considered a “User Submission.” Customer is solely responsible for all User Submissions it contributes to the Service. The Service may include templates, scripts, documentation, and other materials that assist Customers in using the Service (“Karta Content”). Customers will not receive or have access to the underlying code or software of the Service (collectively, the “Software”) nor receive a copy of the Software itself.

Scope

We don’t take any guarantee on the reliability, quality, stability of Services offered, as they are subject to ongoing updates and modifications. These changes involve various aspects such as adjustments to the algorithms generating outputs, alterations in the art style of assets and enhancements to the features accessible to our users.

Acknowledgement Of Risk

The Customer acknowledges and agrees to the following:

1.They bear the responsibility for the risks linked to the utilization of experimental technologies like artificial intelligence.

2.The Services may be vulnerable to technological disruptions caused by actions taken by third parties. These actions encompass interruptions or modifications on any third-party platform accessed by the Customer through Our Platforms, as well as variations in network availability and disturbances.

3.The regulatory framework concerning generative AI is uncertain and subject to change, potentially resulting in significant adverse effects from new regulations and policies. Customers are accountable for the risks associated with such regulatory modifications.

Subscription Terms

Subject to the terms of this Agreement, the Customer may opt for either a paid subscription or a free plan to access and utilize the Service, as specified in one or more ordering interfaces mutually accepted by both parties through Karta’s website or service portal, referencing this Agreement and detailing the business terms pertaining to the Customer’s subscription (“Order(s)”). These subscription plans may incorporate restrictions concerning the permissible number of users, transactions, tasks, tokens or any related parameters. Paid subscriptions provide specific features, functionalities, and support options outlined in the applicable Order, subject to payment obligations as agreed upon. Conversely, the free plan provides limited access to certain features and functionalities of the Service, with no associated charges. All subscriptions, whether paid or free, are subject to the duration specified in the respective Order (“Subscription Period”). Usage of and access to the Service are permitted solely for individuals authorized by the Customer (i.e. “Users”), without benefiting any third party.

Karta Materials Ownership

Karta maintains ownership of the Service, Software, Karta Content, Documentation, and all other components provided to the Customer (collectively referred to as the "Karta Materials"). All rights, including intellectual property rights, title, and interest in the Karta Materials remain vested in Karta. This includes any subsequent updates, enhancements, modifications, or fixes, as well as all derivative works or modifications thereof. This Agreement does not imply any licenses, and Karta reserves all rights not explicitly granted to the Customer.

Service Usage

Device Compatibility

In order to utilize the Services, Customers must have compatible mobile devices, internet connectivity, or other supported devices, along with the essential infrastructure meeting specific system and compatibility requirements. These requirements are subject to potential revisions and may undergo periodic changes. The Customer acknowledges that their access to the Platform and use of the Services may be affected by these factors. The Customer agrees to take full responsibility for meeting these requirements, including, but not limited to, any associated costs, updates, charges, and compliance with the terms of their agreements with their devices and/or telecommunications service provider. We are not liable for any security breaches or failed transactions due to internet or Device issues.

Virus

Our Services and Outputs are not guaranteed to be completely secure or free of bugs or viruses. Customers are responsible for configuring their IT systems, including using appropriate antivirus software. Customers must not introduce any malicious material, such as viruses or logic bombs, to the Website or our Services. Engaging in denial-of-service attacks against the Website is strictly prohibited. Violating this policy may result in criminal charges, and we reserve the right to report such violations to local law enforcement authorities.

Customer Obligations

The Customer assumes responsibility for all actions carried out on its account and by its Users, except in cases where such actions stem from unauthorized access resulting from vulnerabilities in the Service. The Customer will ensure that its Users are informed about and adhere to the obligations and limitations outlined in this Agreement, holding accountability for any violations committed by a User.

The Customer agrees not to, and will ensure that Users or third parties do not, directly or indirectly:

a.Modify, translate, duplicate, or create derivative works from the Service
b.Engage in reverse engineering, decompiling, or attempts to unveil the source code or underlying concepts of the Service, unless permitted by law
c.Sublicense, sell, rent, lease, distribute, or exploit the Service commercially in any way
d.Remove proprietary notices from the Service
e.Utilize the Service in violation of laws or regulations
f.Attempt to gain unauthorized access to or disrupt the Service
g.Use the Service to endorse products that compete with Karta
h.Conduct vulnerability tests on the Service without authorization

In the event that the Customer's use of the Service significantly harms Karta or compromises the Service's security or integrity, Karta reserves the right to suspend access to the Service. Reasonable measures will be taken to notify the Customer and promptly address the issue.

Jurisdictional Compliance

If the Customer resides in or is considered a citizen or resident of any state, country, territory, or jurisdiction where using the Services would violate the law or any applicable regulations, they will be considered ineligible to access the Platform or utilize the Services.

Age requirements

Customers accessing the Platforms confirm that they meet the legal age requirements set by their jurisdiction to enter into agreements, which may include being at least eighteen (18) years old or meeting the minimum age for digital consent. They also assert their legal capacity to abide by the terms and conditions outlined in these Terms.

Customers aged between thirteen (13) and eighteen (18) warrant that their parents or legal guardians have provided consent to these Terms on their behalf. The parent or legal guardian of a minor assumes full responsibility for any risks associated with the minor's use of the Services.

Access to the Services is not authorized for users under the age of thirteen (13).

Permissions

The Service lets users customize settings to allow Customers to perform various tasks within the Service ("Permissions"). Customer is solely responsible to provide and manage permissions. Accordingly, Karta bears no obligation for the administration of Permissions, nor does it assume any legal liability for Permissions configured by the Customer or its Users. For the purpose of this Agreement, an "Affiliate" refers to any entity directly or indirectly controlling, controlled by, or under common control with the Customer, where "control" denotes ownership of more than fifty percent (50%) of the voting shares or other equity interests.

Should the Customer choose to provide access to the Service to its Affiliates, all rights and obligations outlined in this Agreement will apply to these Affiliates. The Customer represents and warrants that it assumes full responsibility for any violations of this Agreement by its Affiliates and has the authority to negotiate and enter into this Agreement on behalf of its Affiliates.

The Customer bears full responsibility for fulfilling all payment obligations outlined in this Agreement, irrespective of whether the Service is utilized by the Customer or its Affiliates. Should an Affiliate wish to make a claim against Karta, the Customer must initiate the process on behalf of the Affiliate.

Service Providers

The Service may integrate with third-party products, services, or applications that are not owned or controlled by Karta (referred to as "Service Providers"). These services are utilized to support our service, facilitate Service delivery on our behalf, offer Service-related assistance, or aid in analyzing the usage of our Service. Customers should note that this Agreement does not extend to the utilization of Service Providers, and Karta explicitly disclaims all representations and warranties regarding Service Providers. Any warranty claims or disputes concerning Service Providers should be directed to them directly. Here is a list of a few Service Providers we use:

- [AWS (Cloud Provider)](https://aws.amazon.com/privacy/)
- [OpenAI (AI Services)](https://openai.com/policies/privacy-policy)

Subscription Charges

Task Recording and Data Usage

By utilizing our service, you agree to the recording, archiving, and accessibility of your Task Sessions, which include recordings and video captures of the browser-level Task workflow on our platform (referred to collectively as the “Recorded Sessions”).

You have the option to activate the “Authentication Mode” on our platform to halt the recording whenever you input or access any personal data or perform browser activities that you do not want included in the Recorded Session. You retain complete ownership, control, and accountability over the content, functions, and objectives of the Recorded Session. It's recognized that the Recorded Session reflects your directed inputs and commands executed through our platform. We relinquish any ownership, liability, or responsibility regarding the ultimate use or application of the Recorded Session.

Furthermore, you acknowledge and consent to our potential access to the data logs, streams, recordings, and other transactional activity data associated with the Tasks you create (referred to collectively as the “Session Data”). We will only access the Session Data for purposes of quality assurance, debugging, and product enhancement, and such access will be restricted to the necessary teams. We will not utilize, disclose, or distribute the Session Data for any other purposes, except as mandated by law or with your prior written consent.

Data Usage

User Submissions

Customers have the option to provide text, documents, or access to various tools essential for task completion, collectively termed as "Input," to the Services. In return, they receive processed output, referred to as "Output," generated by the Services based on the provided Input. Both Input and Output together constitute what we term "Content."

By submitting Prompts to the Services, Customers affirm and warrant that they possess all necessary rights, have fulfilled any required notifications, and have obtained all requisite consents as mandated by applicable laws and regulations for processing by us, in accordance with the stipulated terms. Customers maintain complete ownership rights over all Input, as permitted by applicable law. Furthermore, Customers guarantee that the Input they submit complies with both our Privacy Policy and all other relevant laws governing such Input.

Output Ownership

Provided Customers adhere to these Terms, they shall be granted full ownership of the Output, including all associated rights, titles, and interests. This grants Customers the authority to utilize the Content for any purpose, including commercial activities like sale or publication, provided such usage complies with these Terms and does not infringe upon the rights of any third party.

Output Accuracy

The fields of artificial intelligence and machine learning are rapidly advancing. Due to the inherent nature of the technologies, our Services may occasionally generate inaccurate Output that may not accurately represent real individuals, locations, or factual information. Customers are advised to evaluate the accuracy of the Output for their particular requirement, which may involve including human review.

Input Rights

By using the Services and sharing content through posting, uploading, inputting, or submitting, Customers explicitly grant us, our affiliates, and third-party partners the permission to utilize Captions, Prompts, Creations, and associated content for their business operations. This permission includes a broad range of licensing rights, such as copying, distributing, transmitting, publicly displaying, performing, reproducing, editing, translating, and reformatting Captions, Prompts, Creations, and other provided content. Additionally, we reserve the right to sublicense these rights to any service providers assisting us. We may employ the content shared with us to deliver and manage the Services, adhere to applicable laws, and enforce our policies. Customers are accountable for the content they share with the Service, ensuring its compliance with all Applicable Laws and the terms outlined herein.

Feedback

Customers may occasionally offer feedback on the Service (“Feedback”). Karta may choose to incorporate this Feedback into its services. Customers grant Karta a royalty-free, worldwide, perpetual, irrevocable, fully transferable, and sublicensable license to use, disclose, modify, create derivative works from, distribute, display, and exploit any Feedback as Karta sees fit, without any obligation or restriction, except for not identifying the Customer as the source of Feedback.

User Information

Customers and their Users must provide information like names, email addresses, usernames, IP addresses, browsers, and operating systems (“User Information”) to access the Service. Customers authorize Karta and its subcontractors to store, process, and retrieve User Information as part of the Service usage. Customers guarantee they have the necessary rights to provide User Information to Karta for processing as described in this Agreement. Customers are accountable for safeguarding their User Information and ensuring the security of their credentials. In the event of any breach attributable to their actions, customers are responsible for any unauthorized use of their credentials.

Service Data

Karta collects data on Service performance an operation (“Service Data”) as Customers use the Service. Provided Service Data is aggregated and anonymized, without disclosing any personal information, Karta can use this data freely. Karta owns all rights to Service Data, but will not identify Customers or Users as its source.

Governing Law and Venue

This Agreement will be governed by the laws of the State of Delaware, USA, excluding its conflict of laws principles. Disputes arising under this Agreement will be resolved in the state or federal courts in New Castle County, Delaware, to which both parties consent to jurisdiction and venue. There is a waiver of any right to a jury trial for disputes arising under this Agreement. The prevailing party in any enforcement action is entitled to recover its reasonable costs and attorney fees.

Entire Agreement

This Agreement, including Karta’s privacy policy, constitutes the full agreement between Karta and the Customer, superseding all prior discussions, agreements, and understandings of any nature. This ensures clarity and completeness in the mutual expectations and obligations of the parties involved.

Changes to Terms

Karta acknowledges that its service is an evolving, subscription-based product. To enhance customer experience, Karta reserves the right to make modifications to the Service. However, Karta commits to not materially reducing the core functionality provided to Customers. Karta reserves the right to unilaterally amend the terms of this Agreement. Customers will be notified at least seven (7) days in advance of any material changes taking effect. These modifications will be prominently displayed, for instance, on the Karta website's terms page.

Contact Us

If you have any questions about these Terms, please contact us at vijay@getkarta.ai