Effective Date: September 2025
myRA AI is a product built by ProdGain
These Terms and Conditions ("Terms") form a legally binding agreement between Prodgain.ai ("Company", "we", "our", or "us") and any person or entity ("User", "you", or "your") accessing or using our website, platform, APIs, mobile applications, or related services (collectively, the "Services").
By using the Services, you confirm that you have read, understood, and agree to these Terms. If you do not agree, you must immediately discontinue use.
For the purpose of these Terms:
2.1 You must be 18 years or older to use the Services.
2.2 If using on behalf of an organization, you represent that you are duly authorized to bind that organization.
2.3 You must provide accurate, complete, and current registration information.
2.4 You are solely responsible for maintaining the security of your login credentials.
2.5 Prodgain.ai reserves the right to verify identities, deny registrations, or suspend accounts at its sole discretion.
3.1 Prodgain.ai grants you a limited, revocable, non-exclusive, non-transferable license to use the Services in accordance with these Terms.
3.2 Prohibited Uses: You shall not:
4.1 All rights, titles, and interests in the Services, including algorithms, AI models, datasets, trademarks, and source code, belong exclusively to Prodgain.ai.
4.2 Users retain ownership of their uploaded User Data.
4.3 By submitting User Data, you grant Prodgain.ai a worldwide, royalty-free license to process, store, and use such data to deliver and improve Services.
4.4 Users may not remove copyright notices, trademarks, or proprietary markings from the Services.
5.1 Data protection is governed by our Privacy Policy and, where applicable, a Data Processing Addendum (DPA).
5.2 Users are responsible for lawful collection of personal data and ensuring consents are obtained under DPDPA, GDPR, or other applicable laws.
5.3 Cross-border transfers of personal data will comply with standard contractual clauses, adequacy decisions, and supplementary safeguards.
5.4 We may use anonymized and aggregated data to train AI models, unless expressly opted out by the User.
5.5 Security Measures: Prodgain.ai implements technical safeguards, including encryption, access controls, and incident response protocols.
6.1 AI Outputs are probabilistic predictions, not certainties.
6.2 Outputs are provided "as is" and should not replace human judgment.
6.3 Users assume all responsibility for validating outputs prior to use.
6.4 Prodgain.ai disclaims liability for damages arising from reliance on AI Outputs in regulated industries without independent review.
7.1 Certain Services require payment of fees as per subscription plans.
7.2 Payments are due in advance and are non-refundable, except as required by law.
7.3 Taxes: Users are responsible for all applicable taxes, including GST, VAT, or withholding taxes.
7.4 Late payments may result in suspension or termination of Services.
8.1 Prodgain.ai targets 99.5% uptime, excluding planned maintenance and force majeure events.
8.2 Service Level commitments are detailed (SLA).
8.3 We reserve the right to modify or discontinue features without prior notice.
9.1 The Services are provided "as is" and "as available", with no warranties of merchantability, fitness for purpose, or non-infringement.
9.2 We do not guarantee that Services will be error-free, uninterrupted, or immune from cyberattacks.
10.1 Prodgain.ai's liability is capped at the fees paid by the User in the preceding 12 months.
10.2 We shall not be liable for:
You agree to indemnify and hold harmless Prodgain.ai, its employees, and partners from claims, damages, or expenses arising from:
12.1 We may suspend or terminate your account for:
12.2 On termination, licenses granted under these Terms shall immediately cease.
13.1 The Services may integrate with third-party APIs and tools.
13.2 Prodgain.ai is not responsible for third-party availability, reliability, or legal compliance.
14.1 Users agree not to export or re-export the Services in violation of applicable export control laws.
14.2 Users represent that they are not located in embargoed or restricted territories.
15.1 Beta features are provided "as is" with no warranty.
15.2 We may modify or discontinue beta features without liability.
The User acknowledges that AI Outputs are probabilistic and not guaranteed to be accurate or error-free. The User shall indemnify, defend, and hold harmless Prodgain.ai from and against any claims, damages, or liabilities arising from reliance on AI Outputs, including but not limited to business losses, reputational harm, regulatory penalties, or third-party disputes.
The User represents that it has the lawful right to upload, share, or process all User Data through the Services. The User shall indemnify Prodgain.ai against any claims, penalties, or damages resulting from User Data that is unlawful, infringing, obtained without valid consent, or processed in violation of Applicable Law.
If the User deploys the Services in high-risk domains (including but not limited to healthcare, financial services, biometric surveillance, defense, or employment decision-making), the User assumes all liability and shall indemnify Prodgain.ai against any claims, investigations, or damages arising therefrom, including bodily injury, discrimination, or economic loss.
The User is solely responsible for compliance with Applicable Laws governing its use of the Services, including data protection, AI regulation, export controls, and industry-specific requirements. The User shall indemnify Prodgain.ai against any government actions, fines, or regulatory investigations resulting from the User's misuse of the Services.
The User shall indemnify Prodgain.ai against any claims or damages arising out of the User's (i) misrepresentation of AI Outputs as human-generated work, (ii) unauthorized disclosure of AI-generated content without disclaimers, or (iii) use of the Services to create deceptive, fraudulent, or defamatory material.
In the event a security incident originates from the User's systems, credentials, or misuse of the Services, the User shall indemnify Prodgain.ai against all resulting claims, damages, and regulatory penalties, including costs of investigation, notification, and remediation.
The User shall indemnify Prodgain.ai from claims alleging infringement of intellectual property, privacy rights, or defamation arising out of AI Outputs generated at the User's request, including claims by third parties asserting that such outputs infringe copyrights, trademarks, or publicity rights.
If the User attempts to reverse-engineer, extract, or use AI Outputs or model weights to develop competing models, the User shall indemnify Prodgain.ai against any damages, including loss of business opportunity, intellectual property infringement, and consequential losses.
24.1 Both parties shall keep Confidential Information secure and not disclose it without prior written consent.
24.2 This obligation survives termination for 5 years.
25.1 These Terms are governed by the laws of India.
25.2 Parties shall first attempt amicable settlement and mediation before litigation.
25.3 Exclusive jurisdiction lies with courts in India.
We may update these Terms from time to time. Users will be notified, and continued use constitutes acceptance.