Terms of Service

1. Agreement to these Terms

These Terms of Service (“Terms”) form a legally binding agreement between you (and the entity you represent) (“Customer”, “you”) and Munshot Technologies Private Limited, a company incorporated in India with corporate identification number U62091DL2024PTC440064 and registered office at N-146 (2F), Panchsheel Park, New Delhi 110016, India (“Munshot”, “we”, “us”, “our”).

By accessing or using the website at muns.io (the “Site”), the Munshot platform (the “Platform”), or any other product, feature, content, or service we make available (collectively, the “Services”), or by clicking a button to accept or agree to these Terms where that option is presented, you agree to be bound by these Terms.

If you have executed a separate Subscription Agreement, Order Form, master services agreement, statement of work, or similar written contract with us covering the Services (each, an “Agreement”), the Agreement governs your use of the Services. These Terms supplement the Agreement to the extent not inconsistent with it. In the event of a conflict between these Terms and an Agreement, the Agreement prevails.

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, and references to “you” include both you and the entity.

2. Definitions

“Authorized User” means an individual employee, contractor, or agent of Customer whom Customer has authorised to access and use the Services.

“Customer Data” means any data, content, files, prompts, queries, configurations, or other materials submitted to or processed through the Services by Customer or its Authorized Users.

“Documentation” means user guides, technical documentation, and similar materials we make available from time to time.

“Order Form” means an executed ordering document signed between Customer and Munshot specifying the Services, Authorized Users, fees, and other commercial terms.

“Output” means content generated by the Services in response to Customer Data, prompts, queries, or configurations.

“Subscription Agreement” means a master subscription agreement signed between Customer and Munshot governing the Services.

3. Eligibility and accounts

You must be at least 18 years old and capable of forming a binding contract to use the Services. You must provide accurate, current, and complete information when creating an account and must keep that information up to date. You are responsible for safeguarding account credentials and for all activity that occurs under your account. You must promptly notify us of any unauthorised use of, or other security incident affecting, your account. We may refuse, suspend, or terminate any account or registration at our sole discretion.

4. Services and changes

We provide the Services in accordance with these Terms, the applicable Agreement, and any Documentation we make available. We may, at any time and at our sole discretion, add, modify, enhance, deprecate, suspend, restrict access to, or discontinue any portion of the Services. We will use commercially reasonable efforts to notify Customers of changes that materially adversely affect a Service they are then actively using under an Agreement, but we are not obligated to maintain backward compatibility or to preserve any specific feature.

5. Licence to use the Services

Subject to your compliance with these Terms and the applicable Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services during the term, solely for your internal business purposes and in accordance with the Documentation. All rights not expressly granted are reserved by Munshot.

6. Customer Data and Feedback

As between you and us, you retain all rights in and to Customer Data. You grant Munshot a worldwide, royalty-free, non-exclusive licence to host, process, transmit, display, and otherwise use Customer Data solely to provide, secure, maintain, support, and improve the Services and to comply with applicable law. You represent and warrant that you have all rights, consents, and authority necessary to submit Customer Data and to grant the licences in these Terms, and that Customer Data does not violate applicable law or infringe any third-party rights.

If you provide suggestions, ideas, enhancement requests, comments, recommendations, or other feedback to us (“Feedback”), you grant Munshot a perpetual, irrevocable, worldwide, royalty-free, sublicensable, fully paid-up licence to use, reproduce, modify, distribute, and otherwise exploit the Feedback for any purpose, without any obligation or compensation to you.

7. Acceptable Use

This section is our Acceptable Use Policy and is incorporated into every Agreement by reference. You will not, and will not permit any Authorized User or third party to:

• use the Services in violation of any applicable law, regulation, or third-party right;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying components of the Services, except to the extent that this restriction is prohibited by applicable law;
• copy, modify, translate, create derivative works of, or remove proprietary notices from the Services;
• rent, lease, sell, sublicense, distribute, time-share, host, or otherwise commercially exploit the Services for the benefit of a third party not authorised under an Agreement;
• access or use the Services to build or train a competing product, model, or service, or to benchmark the Services against any product or service for publication or commercial purposes without our prior written consent;
• scrape, crawl, harvest, or otherwise extract data from the Services other than through documented APIs and in accordance with their published rate limits and terms;
• use bots, scripts, or other automated means to access the Services other than through documented APIs;
• interfere with, disrupt, degrade, overload, or impair the Services, the underlying infrastructure, or any other user’s use of the Services;
• bypass, disable, or circumvent any authentication, security, rate-limiting, monitoring, or access control mechanism;
• share account credentials or permit access by anyone other than an Authorized User;
• upload or transmit any content that is unlawful, infringing, defamatory, obscene, harassing, threatening, or that contains malware or other harmful code;
• use Outputs to trade in securities or other financial instruments, or to make legal, tax, accounting, medical, or investment decisions, without independent verification by qualified professionals;
• use Outputs to train any artificial-intelligence or machine-learning system other than as expressly permitted by us in writing;
• misrepresent your identity or affiliation, including by impersonating Munshot or its personnel;
• introduce viruses, worms, ransomware, or other malicious code; or
• use the Services in a manner that could reasonably be expected to expose Munshot or its other customers to legal, regulatory, reputational, or security risk.

We may investigate any suspected violation of this section. We may suspend, restrict, or terminate access to the Services at our sole discretion for any actual or suspected violation, and we are not required to provide advance notice. We may report unlawful activity to law-enforcement authorities and cooperate with their investigations.

8. Fees, payment, and taxes

Fees, billing frequency, currency, payment method, refund eligibility, invoicing terms, late-payment interest, and any other commercial terms are as set out in your executed Order Form, Subscription Agreement, or other written commercial document with us. Each Customer’s commercial terms are individually negotiated, and the public Site does not list, fix, or guarantee any pricing.

Where no such document has been executed, any access we provide is evaluative, gratuitous, and provided strictly under these Terms, and we may modify, suspend, or terminate that access at any time without notice or liability.

You are responsible for all taxes, duties, levies, withholdings, and similar governmental assessments arising from your use of the Services, other than taxes based on our net income. If we are required to collect or pay any tax for which you are responsible, you will reimburse us promptly upon invoice.

Undisputed amounts not paid when due may incur interest at the lower of one and a half per cent (1.5%) per month or the maximum rate permitted by applicable law, accruing from the due date until paid in full. We may suspend the Services for non-payment after providing notice consistent with the applicable Agreement.

9. Engagement stages

A Customer’s engagement with the Services may progress through stages, which may include evaluation or free trial, paid pilot, and subscription. The scope, duration, and commercial terms of each stage are governed by the applicable Order Form or Subscription Agreement. Where no Agreement has been executed, access is evaluative only and may be modified or withdrawn at any time at our sole discretion.

10. Intellectual property

The Services, the Platform, all underlying software, models, algorithms, workflows, processes, interfaces, designs, content, Documentation, trademarks, logos, and any improvements, modifications, derivatives, and Feedback-derived enhancements are and remain the exclusive property of Munshot or its licensors. Except for the licence expressly granted in Section 5, these Terms do not grant you any right, title, or interest in the Services. You may not remove, alter, or obscure any copyright, trademark, or other proprietary notice on the Services. All goodwill arising from your use of our trademarks inures to our benefit.

11. Outputs and disclaimers

Outputs are generated by automated and AI-based systems and may contain errors, omissions, biases, hallucinations, or content that is inaccurate, incomplete, out-of-date, or unsuitable for your purposes. You are solely responsible for evaluating, validating, and acting upon Outputs.

The Services do not provide legal, tax, accounting, financial, investment, regulatory, medical, or other professional advice, and Outputs do not constitute such advice. You must exercise independent professional judgement and, where appropriate, consult qualified advisers before relying on any Output.

12. Third-party services

The Services may interoperate with, link to, or otherwise integrate with third-party products, services, content, websites, applications, or APIs (collectively, “Third-Party Services”). Third-Party Services are provided by their respective providers and are subject to their own terms and privacy policies. We do not control, endorse, or assume responsibility for Third-Party Services, and your use of any Third-Party Service is at your own risk. We may suspend, modify, or terminate interoperability with any Third-Party Service at any time.

13. Confidentiality

Each party (the “Receiving Party”) may have access to non-public information of the other party (the “Disclosing Party”) that is identified as confidential, marked as confidential, or that would reasonably be understood to be confidential under the circumstances (“Confidential Information”). The Receiving Party will (i) use Confidential Information only to perform its obligations and exercise its rights under these Terms and the applicable Agreement, (ii) protect Confidential Information using at least the same degree of care it uses for its own information of similar sensitivity, and in no event less than reasonable care, and (iii) not disclose Confidential Information to any third party except to its employees, contractors, advisers, and service providers who have a need to know and who are bound by confidentiality obligations no less protective than those in these Terms.

Confidentiality obligations do not apply to information that is or becomes publicly known through no fault of the Receiving Party, was rightfully known before disclosure, is rightfully obtained from a third party without restriction, or is independently developed without use of the Disclosing Party’s Confidential Information. The Receiving Party may disclose Confidential Information to the extent required by law, provided that, where lawful, it gives the Disclosing Party reasonable advance notice and cooperates with any effort to seek a protective order.

14. Privacy

Our collection and use of personal information in connection with the Services is described in our Privacy Policy, which is incorporated into these Terms by reference.

15. Beta features

We may from time to time make pre-release, alpha, beta, preview, or experimental features, products, or services available to you (“Beta Features”). Beta Features are provided “as is” and “as available”, may contain bugs, errors, and other defects, may be modified or discontinued at any time, and are not subject to any service level, support, or warranty commitment. Your use of Beta Features is at your own risk.

16. Term and termination

These Terms remain in effect for as long as you access or use the Services. For Customers with an executed Agreement, the term, renewal, and termination of paid Services are governed by that Agreement.

For users without an executed Agreement, either party may terminate access at any time. Either party may terminate immediately upon written notice if the other party materially breaches these Terms and fails to cure the breach within fifteen (15) days of receiving notice. We may also terminate or suspend immediately, without notice, where required by law, where continued provision would expose us to legal or security risk, or where you have engaged in conduct in violation of Section 7.

Upon termination, your right to access and use the Services ceases immediately, all licences granted under these Terms terminate, and you must cease all use of the Services. Provisions that by their nature should survive (including those addressing Customer Data, Feedback, intellectual property, disclaimers, indemnification, limitation of liability, confidentiality, governing law and dispute resolution, and the general provisions) will survive termination.

17. Suspension

We may suspend access to all or part of the Services at any time, with or without notice, if (i) we reasonably believe that you have violated these Terms or any Agreement; (ii) your use poses a security, legal, or operational risk to the Services or to other customers; (iii) we are required to do so by law or by a governmental, regulatory, or judicial body; (iv) any amount owed to us is overdue; or (v) we are investigating suspected wrongful or unlawful activity. We will reinstate access promptly once the cause of the suspension has been resolved.

18. Warranty disclaimer

EXCEPT AS EXPRESSLY SET OUT IN AN EXECUTED AGREEMENT, THE SERVICES AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUNSHOT, ITS AFFILIATES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUTPUTS WILL BE ACCURATE, COMPLETE, OR FIT FOR YOUR PURPOSES.

19. Indemnification

You will defend, indemnify, and hold harmless Munshot, its affiliates, and their respective directors, officers, employees, contractors, and agents from and against any and all third-party claims, actions, proceedings, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (i) Customer Data, (ii) your or any Authorized User’s use of the Services in violation of these Terms or an applicable Agreement, (iii) your breach of any representation, warranty, or covenant in these Terms, (iv) any allegation that Customer Data, your products or services, or your use of Outputs infringes or misappropriates any third-party right, (v) any decisions or actions you take based on Outputs, or (vi) your violation of applicable law.

20. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) IN NO EVENT WILL MUNSHOT, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, LOSS OF DATA, COST OF SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND EVEN IF MUNSHOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) THE AGGREGATE LIABILITY OF MUNSHOT, ITS AFFILIATES, AND ITS LICENSORS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU ACTUALLY PAID TO MUNSHOT FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (ii) ONE THOUSAND U.S. DOLLARS (USD 1,000).

(c) NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW. THE LIMITATIONS IN THIS SECTION APPLY EVEN IF AN EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

21. Force majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, war, terrorism, civil unrest, strikes, labour disputes, governmental orders, embargoes, sanctions, internet or telecommunication outages, denial-of-service attacks, or supply-chain failures.

22. Export controls and sanctions

You represent and warrant that you, your Authorized Users, and your end users (i) are not located in, organised under the laws of, or ordinarily resident in any country or region that is subject to comprehensive sanctions by the United States, the United Kingdom, the European Union, India, or the United Nations; (ii) are not identified on any list of restricted or prohibited parties maintained by any of those authorities; and (iii) will not use the Services in violation of any applicable export, sanctions, or anti-corruption laws.

23. Governing law and dispute resolution

These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict-of-laws principles.

Any dispute, controversy, or claim arising out of or relating to these Terms, including its existence, validity, interpretation, performance, breach, or termination, will be finally resolved by arbitration in New Delhi, India, in English, by a sole arbitrator appointed in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration is New Delhi. The arbitral award will be final and binding on the parties.

Nothing in these Terms prevents either party from seeking interim, injunctive, or equitable relief from the courts at New Delhi, and those courts will have exclusive jurisdiction for that limited purpose and for any proceedings relating to the enforcement or challenge of an arbitral award.

24. Notices

We may give notices to you by email to the address associated with your account, by posting in the Services, or by any other reasonable means. Notices to us must be sent in writing to ceekay@muns.io with a copy to Munshot Technologies Private Limited, N-146 (2F), Panchsheel Park, New Delhi 110016, India.

25. General

Entire agreement. These Terms, together with any applicable Agreement and the Privacy Policy, constitute the entire agreement between you and Munshot regarding the Services and supersede all prior or contemporaneous understandings on the subject.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be replaced by a valid provision that most closely reflects the parties’ intent.

No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Assignment. You may not assign these Terms or any rights or obligations under them, by operation of law or otherwise, without our prior written consent; any unauthorised assignment is void. We may assign these Terms, in whole or in part, without notice.

No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.

Headings. Section headings are for convenience only and have no substantive effect.

Electronic acceptance. You agree that electronic signatures, click-to-accept mechanisms, and other electronic acceptance methods are valid, enforceable, and have the same effect as a handwritten signature.

No agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between the parties.

Survival. The provisions of these Terms that by their nature should survive termination will survive.

26. Changes to these Terms

We may modify these Terms from time to time. When we do, we will post the updated Terms and revise the “Last updated” date. Material changes will be communicated to Customers through the Services, by email, or through other reasonable means. Your continued use of the Services after a change becomes effective constitutes your acceptance of the updated Terms. If you do not agree to a change, your sole remedy is to stop using the Services.

27. Contact us

For legal notices, contract questions, or other enquiries, please contact: