1. Definitions
In these terms:
- "Platform" means the Xtensoft AI Studio web application, APIs, and related services.
- "Workspace" means the tenant account created by a Business Owner, including all users, content, and settings within it.
- "You" / "User" means the individual or organization accessing the Platform.
- "Content" means images, videos, captions, hashtags, and other materials uploaded to or generated by the Platform.
- "Credits" means the prepaid units used to consume generation services on the Platform.
2. Account Registration
To use the Platform, you must create an account with a valid email address and verify it. You are responsible for:
- Maintaining the confidentiality of your login credentials.
- All activity that occurs under your account, including activity by team members you invite.
- Providing accurate and up-to-date account information.
- Notifying us immediately of any unauthorized access to your account.
We reserve the right to suspend or terminate accounts that violate these terms, are inactive for more than 12 months, or are used for fraudulent purposes.
3. Acceptable Use
You agree to use the Platform lawfully and responsibly. The following are strictly prohibited:
- Generating content that infringes third-party intellectual property rights.
- Creating realistic likenesses of real individuals without their documented consent.
- Producing unlawful, deceptive, defamatory, hateful, harassing, or sexually explicit material.
- Uploading malware, viruses, or any code intended to damage or compromise the Platform.
- Reverse engineering, decompiling, scraping, or attempting to extract the source code of the Platform.
- Circumventing usage limits, rate limits, or access controls.
- Sharing login credentials or access tokens with unauthorized parties.
- Using the Platform for competitive benchmarking or to build a competing product.
Violation of these rules may result in immediate account suspension, content removal, and forfeiture of remaining credits without refund.
4. Content Ownership and Licenses
Your content: You retain all intellectual property rights to the images you upload and the content generated by the Platform using your inputs. We do not claim ownership of your content.
License to us: By uploading content, you grant us a limited, non-exclusive, worldwide license to process, store, display, and transmit that content solely to operate the service on your behalf. This license terminates when you delete your content or close your account.
AI-generated outputs: Generated outputs are based on your inputs (reference images, prompts, brand settings). You are responsible for ensuring that your use of generated content complies with applicable laws, including intellectual property and advertising regulations.
No training use: We do not use your private content to train shared public AI models without your explicit, opt-in consent.
5. Billing, Credits and Payments
The Platform operates on a prepaid credit system:
- Credit packs: are purchased as one-time packs from the plans listed on our Pricing page. Prices are in Indian Rupees (INR) and include applicable taxes unless stated otherwise.
- Credit validity: purchased credits do not expire and remain in your workspace wallet until used.
- Credit usage: credits are deducted when you generate content (images, videos, captions). The cost per generation depends on the content type and quality tier, as shown on the Pricing page.
- No automatic renewal: nothing renews automatically. You purchase additional credits when needed.
- Payment processing: payments are processed by Razorpay. We do not store your payment card details.
- Invoices: GST-compliant invoices are generated for each purchase and available in your Billing section.
6. Refund and Cancellation Policy
Please refer to our dedicated Refund and Cancellation Policy page for the complete refund terms. In summary:
- Unused credits from a purchase made within the last 7 days may be eligible for a refund.
- Credits that have already been used for generation cannot be refunded.
- Account cancellation (deletion) can be initiated by the account owner at any time from Settings → Privacy, with a 30-day grace period.
- No refund is provided for partially used credit packs, unless required by applicable consumer protection laws.
7. Service Availability and SLA
We strive for high availability but do not guarantee uninterrupted service. Specifically:
- Scheduled maintenance is announced in advance via in-app notification where practical.
- We depend on third-party AI providers (for image/video generation) and Meta (for Instagram publishing), whose availability is outside our direct control.
- In the event of provider downtime, generation or publishing may fail. Failed operations release any held credits automatically.
- We are not liable for losses resulting from scheduled maintenance, third-party provider outages, or force majeure events.
8. Intellectual Property
The Platform, including its user interface, design, code, algorithms, documentation, and branding (but excluding your content), is the intellectual property of Xtensoft and is protected by copyright, trademark, and other laws.
Nothing in these terms grants you a license to use our brand name, logo, or trademarks without prior written consent.
9. Data Protection
Your privacy is important to us. Our Privacy Policy explains what data we collect, how we use it, and the rights you have over it. By using the Platform, you acknowledge that you have read and understood the Privacy Policy.
We comply with applicable data protection laws, including the Digital Personal Data Protection Act 2023 (India) and the General Data Protection Regulation (EU GDPR) where applicable.
10. Limitation of Liability
To the maximum extent permitted by applicable law:
- Xtensoft is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of revenue, profits, data, or business opportunities.
- Our total aggregate liability for any claim arising from your use of the Platform is limited to the amount you paid to us in the twelve (12) months preceding the claim.
- We are not responsible for the accuracy, appropriateness, or legal compliance of AI-generated content. You are responsible for reviewing all generated content before publishing.
- We are not liable for actions taken by Meta, Instagram, or any third-party platform in response to content you publish through our service.
11. Indemnification
You agree to indemnify, defend, and hold harmless Xtensoft, its officers, directors, employees, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from:
Your use or misuse of the Platform; your violation of these terms; your violation of any third-party rights; or content you upload, generate, or publish through the Platform.
12. Termination
By you: You may close your workspace at any time from Settings → Privacy. Account deletion follows a 30-day grace period, during which you can cancel the deletion. After the grace period, all data is permanently deleted.
By us: We may suspend or terminate your access immediately if you materially breach these terms, engage in fraudulent activity, or if required by law. In case of termination for cause, remaining credits are forfeited.
Effect of termination: upon termination, your right to access the Platform ceases. We will retain data only as required by our retention policy and applicable law.
13. Governing Law and Disputes
These terms are governed by the laws of India. Any disputes arising from or related to these terms or the Platform shall be subject to the exclusive jurisdiction of the courts in Ahmedabad, Gujarat, India.
Before initiating any legal proceedings, both parties agree to attempt resolution through good-faith negotiation for a period of at least 30 days.
14. Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond reasonable control, including but not limited to natural disasters, pandemics, government actions, internet infrastructure failures, or third-party service provider outages.
15. Severability
If any provision of these terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
16. Entire Agreement
These terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and Xtensoft regarding the Platform, superseding any prior agreements or understandings.
17. Changes to These Terms
We may revise these terms as the platform evolves. Material changes will be notified via in-app notification and email to account owners at least 15 days before the effective date. Continued use of the Platform after the effective date constitutes acceptance of the revised terms.
The revision history of these terms can be requested by emailing legal@xtensoft.ai.
