Terms of Service

1. DEFINITIONS AND INTERPRETATION

1.1. In these Terms of Service, unless the context otherwise requires, the following definitions shall apply:

"Agreement" means these Terms of Service, including all schedules, annexures, and any amendments thereto, which together constitute the entire agreement between the User and EchoFort Technology regarding the use of NexClip services.

"Company," "We," "Us," or "Our" refers to EchoFort Technology, a company registered under the laws of India, having its registered office at Chennai, Tamil Nadu, India, with GSTIN 33AMTPV8141Q1ZY.

"Content" means any and all text, graphics, images, audio, video, software, data compilations, page layout, underlying code, and any other form of information capable of being stored in a computer that appears on or forms part of the Platform.

"Credits" means the virtual currency or units purchased by Users that can be redeemed for video generation services on the Platform.

"Generated Content" means any video, audio, text, or other media created through the use of the Platform's AI-powered video generation services.

"Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

"License Certificate" means the digital certificate provided with each Generated Content that grants the User specific rights to use the content as specified therein.

"Personal Data" has the meaning ascribed to it under the Digital Personal Data Protection Act, 2023 of India and includes any information that relates to an identified or identifiable individual.

"Platform" or "Service" refers to NexClip.app, including all its features, functionalities, applications, and services provided through the website, mobile applications, APIs, and any other means.

"User," "You," or "Your" refers to any individual, company, partnership, limited liability company, trust, joint venture, association, or other entity that accesses or uses the Platform.

"User Account" means the account created by a User on the Platform to access and use the services.

"User Content" means any content, including but not limited to text, prompts, descriptions, and other materials, submitted by Users to the Platform for the purpose of generating videos or other content.

1.2. In these Terms: (a) words importing the singular include the plural and vice versa; (b) words importing gender include all genders; (c) references to persons include individuals, bodies corporate, unincorporated associations, and partnerships; (d) headings are for convenience only and shall not affect interpretation; (e) references to statutes or statutory provisions include any subordinate legislation made under them and any amendments, re-enactments, or replacements thereof; (f) references to "including" or "includes" shall be construed without limitation; (g) references to "writing" or "written" include any method of reproducing words in a legible and non-transitory form.

2. ACCEPTANCE OF TERMS

2.1. By accessing, browsing, or using the Platform in any manner, including but not limited to visiting or browsing the Platform, registering for an account, purchasing credits, generating content, or downloading any materials from the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations.

2.2. If you do not agree with any part of these Terms, you must immediately discontinue your use of the Platform. Your continued use of the Platform following any changes to these Terms constitutes your acceptance of such changes.

2.3. You represent and warrant that: (a) you are at least 18 years of age or have reached the age of majority in your jurisdiction; (b) you have the legal capacity and authority to enter into this Agreement; (c) if you are entering into this Agreement on behalf of a company or other legal entity, you have the authority to bind such entity to these Terms; (d) all information you provide to us is accurate, current, and complete; (e) you will maintain the accuracy of such information and promptly update it as necessary.

2.4. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion, without prior notice or liability, for any reason whatsoever, including but not limited to breach of these Terms.

2.5. These Terms constitute a legally binding agreement between you and EchoFort Technology. By using our services, you acknowledge that you have had the opportunity to review these Terms with legal counsel and that you accept all terms and conditions contained herein.

3. SERVICE DESCRIPTION

3.1. NexClip is an AI-powered video generation platform that enables users to create professional videos from text descriptions. The Platform utilizes advanced artificial intelligence and machine learning technologies to generate video content based on user inputs.

3.2. The services provided include but are not limited to: (a) AI-powered script generation from user prompts; (b) automated visual content selection and sequencing; (c) natural voice synthesis in multiple languages and styles; (d) video rendering in various resolutions up to 4K; (e) license certificate generation for commercial use; (f) cloud storage and delivery of generated content.

3.3. The Platform supports video generation in durations ranging from 15 seconds to 180 minutes (3 hours), subject to credit availability and technical limitations.

3.4. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, including the availability of any feature, database, or content, without prior notice or liability.

3.5. The quality, accuracy, and suitability of Generated Content may vary based on numerous factors including but not limited to the quality of user inputs, complexity of requests, and technical limitations of AI systems. We do not guarantee any specific outcome or quality level for Generated Content.

4. USER REGISTRATION AND ACCOUNT

4.1. To access certain features of the Platform, you must register for a User Account. Registration requires providing a valid mobile phone number for OTP verification.

4.2. You are responsible for: (a) maintaining the confidentiality of your account credentials; (b) all activities that occur under your account; (c) immediately notifying us of any unauthorized use of your account; (d) ensuring that your account information is accurate and up-to-date.

4.3. You agree not to: (a) create more than one account; (b) share your account with others; (c) transfer your account to another person; (d) use another person's account without permission; (e) provide false or misleading information during registration.

4.4. We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice. Upon termination, your right to use the Platform will immediately cease, and any unused credits will be forfeited without refund.

4.5. New users receive complimentary credits upon registration, subject to our discretion and promotional terms. These free credits are non-transferable and may have usage restrictions.

5. CREDIT SYSTEM AND PAYMENTS

5.1. The Platform operates on a credit-based system. Credits are virtual units that can be purchased and redeemed for video generation services.

5.2. Credit packages are available at the following rates (subject to change): (a) 10 Credits - ₹99; (b) 50 Credits - ₹449; (c) 100 Credits - ₹799; (d) 500 Credits - ₹3,499. All prices are inclusive of applicable taxes including GST.

5.3. Credit consumption varies based on video duration, resolution, and complexity. The estimated credit cost is displayed before video generation begins.

5.4. Payments are processed through Razorpay, a third-party payment processor. By making a payment, you agree to Razorpay's terms of service and privacy policy.

5.5. All payments are final and non-refundable. Credits have no cash value and cannot be exchanged for cash or transferred to other users.

5.6. Credits do not expire and remain valid indefinitely, subject to account standing and compliance with these Terms.

5.7. We reserve the right to modify credit pricing, packages, and consumption rates at any time without prior notice. Such changes will not affect credits already purchased.

5.8. Tax invoices with GST details will be provided for all purchases. Our GSTIN is 33AMTPV8141Q1ZY.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. The Platform, including its original content, features, functionality, design, and underlying technology, is owned by EchoFort Technology and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2. The NexClip name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of EchoFort Technology. You may not use such marks without our prior written permission.

7.3. All third-party trademarks, service marks, and logos used on the Platform are the property of their respective owners.

7.4. The AI models, algorithms, and technologies used to generate content are proprietary to EchoFort Technology and/or our licensors. You acquire no rights in such technologies through use of the Platform.

7.5. You may not: (a) copy, modify, or distribute any part of the Platform; (b) reverse engineer, decompile, or disassemble any software or technology used in the Platform; (c) remove any copyright, trademark, or other proprietary notices; (d) use any automated means to access or collect data from the Platform; (e) create derivative works based on the Platform.

8. LICENSE GRANT

8.1. Subject to your compliance with these Terms and payment for services, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform and access Generated Content for the purposes specified in your License Certificate.

8.2. Each Generated Content is accompanied by a License Certificate that specifies the rights granted, including commercial use rights where applicable.

8.3. The license granted includes the right to: (a) use Generated Content for personal and commercial purposes; (b) publish, distribute, and display Generated Content; (c) modify and create derivative works from Generated Content; (d) use Generated Content in advertising and marketing materials.

8.4. The license does not include the right to: (a) resell or sublicense Generated Content as standalone products; (b) claim ownership of the underlying AI technology; (c) use Generated Content in a manner that violates applicable laws; (d) use Generated Content to create competing services.

8.5. We reserve the right to revoke any license if we determine that Generated Content was created in violation of these Terms or applicable laws.

9. USER CONTENT AND RESPONSIBILITIES

9.1. You retain ownership of any original content you submit to the Platform (User Content). However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with operating and improving the Platform.

9.2. You represent and warrant that: (a) you own or have the necessary rights to submit User Content; (b) User Content does not infringe any third-party rights; (c) User Content complies with all applicable laws and regulations; (d) User Content does not contain any harmful, offensive, or illegal material.

9.3. You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Content.

9.4. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or Generated Content.

9.5. We reserve the right to remove or refuse to process any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

10. PROHIBITED USES

10.1. You agree not to use the Platform to: (a) violate any applicable law, regulation, or third-party rights; (b) create content that is defamatory, obscene, pornographic, or sexually explicit; (c) create content that promotes violence, hatred, or discrimination; (d) create content that infringes intellectual property rights; (e) create content that is fraudulent, deceptive, or misleading; (f) create content that impersonates any person or entity; (g) create content for illegal purposes or to facilitate illegal activities; (h) create deepfakes or manipulated media intended to deceive; (i) create content that exploits minors in any way; (j) create content that violates privacy rights; (k) spam, phish, or engage in other malicious activities; (l) interfere with or disrupt the Platform or servers; (m) attempt to gain unauthorized access to any part of the Platform; (n) use the Platform for competitive analysis or to develop competing products; (o) circumvent any security measures or access controls.

10.2. Violation of these prohibited uses may result in immediate account termination, forfeiture of credits, and potential legal action.

10.3. We reserve the right to report any illegal activities to appropriate law enforcement authorities and cooperate fully with any investigation.

11. PRIVACY AND DATA PROTECTION

11.1. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

11.2. We comply with the Digital Personal Data Protection Act, 2023 of India and other applicable data protection laws.

11.3. By using the Platform, you consent to: (a) the collection and processing of your personal data as described in our Privacy Policy; (b) receiving communications from us regarding your account and services; (c) the storage of your data on servers located in India and other jurisdictions.

11.4. We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction.

11.5. We may retain User Content and Generated Content for quality improvement, legal compliance, and dispute resolution purposes.

13. INDEMNIFICATION

13.1. You agree to indemnify, defend, and hold harmless EchoFort Technology, its directors, officers, employees, agents, partners, licensors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any rights of any third party; (d) your User Content; (e) your use of Generated Content; (f) any claim that your use of the Platform caused damage to a third party; (g) any dispute between you and any third party.

13.2. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

13.3. This indemnification obligation shall survive the termination of these Terms and your use of the Platform.

14. DISCLAIMER OF WARRANTIES

14.1. THE PLATFORM AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

14.2. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; (C) WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (D) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT OR GENERATED CONTENT.

14.3. WE DO NOT WARRANT THAT: (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (B) THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (E) THE RESULTS OF USING THE PLATFORM WILL BE SATISFACTORY.

14.4. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

15. FORCE MAJEURE

15.1. We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: (a) acts of God, natural disasters, earthquakes, floods, fires, or other catastrophes; (b) war, terrorism, civil unrest, or armed conflict; (c) epidemics, pandemics, or public health emergencies; (d) government actions, laws, regulations, or orders; (e) strikes, lockouts, or labor disputes; (f) failure of third-party services, including internet service providers, cloud services, or payment processors; (g) power outages or telecommunications failures; (h) cyberattacks, hacking, or security breaches; (i) any other event beyond our reasonable control.

15.2. In the event of a force majeure, our obligations shall be suspended for the duration of the event, and we shall use reasonable efforts to mitigate its effects and resume performance as soon as practicable.

16. DISPUTE RESOLUTION

16.1. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good faith negotiations between the parties.

16.2. If the dispute cannot be resolved through negotiations within thirty (30) days, either party may initiate arbitration proceedings as set forth in Section 18.

16.3. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

17. GOVERNING LAW

17.1. These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

17.2. Subject to the arbitration provisions in Section 18, the courts of Chennai, Tamil Nadu, India shall have exclusive jurisdiction over any disputes arising out of or relating to these Terms.

17.3. You agree to submit to the personal jurisdiction of the courts located in Chennai, Tamil Nadu, India for the purpose of litigating any such claims or disputes.

19. CLASS ACTION WAIVER

19.1. YOU AND ECHOFORT TECHNOLOGY AGREE THAT ANY CLAIMS OR DISPUTES MUST BE BROUGHT IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

19.2. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

19.3. If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement shall be null and void, and the dispute shall be resolved in court.

20. SEVERABILITY

20.1. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, while preserving the intent of the original provision.

20.2. If such modification is not possible, the invalid provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

20.3. The invalidity of any provision in any particular jurisdiction shall not affect the validity of that provision in any other jurisdiction.

21. ENTIRE AGREEMENT

21.1. These Terms, together with our Privacy Policy, License Agreement, and any other legal notices or agreements published by us on the Platform, constitute the entire agreement between you and EchoFort Technology regarding your use of the Platform.

21.2. These Terms supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and us regarding the Platform.

21.3. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

22. AMENDMENTS

22.1. We reserve the right to modify, amend, or update these Terms at any time, at our sole discretion, without prior notice.

22.2. Changes will be effective immediately upon posting on the Platform. The "Last Updated" date at the top of these Terms indicates when the most recent changes were made.

22.3. Your continued use of the Platform after any changes to these Terms constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must discontinue your use of the Platform.

22.4. We encourage you to review these Terms periodically to stay informed of any updates.

23. CONTACT INFORMATION

23.1. If you have any questions, concerns, or complaints regarding these Terms or the Platform, please contact us at:

24. COMPLIANCE STATEMENTS

24.1. These Terms are compliant with the following Indian laws and regulations:

• Information Technology Act, 2000 and IT Rules, 2021
• Digital Personal Data Protection Act, 2023
• Consumer Protection Act, 2019
• Consumer Protection (E-Commerce) Rules, 2020
• Indian Contract Act, 1872
• Arbitration and Conciliation Act, 1996
• Goods and Services Tax Act, 2017

24.2. We are committed to maintaining compliance with all applicable laws and regulations and will update these Terms as necessary to reflect changes in the legal landscape.