Greetings and appreciation for choosing Harshiya Ltd, a digital service offered by Harshiya Ltd ("Company," "we," "us," or "our"), a technological enterprise specializing in data analytics, artificial intelligence, and related products. Our fundamental mission is to facilitate the accessibility of neural network models, encompassing, among others, GPT-3.5, Stable Diffusion, Whisper, and various AI models (the "Services").
These Terms, denoted as the "Terms," govern the involvement of individuals or entities utilizing our AI services through Harshiya Ltd Tech's WhatsApp platform ("AI Genie") and visiting our website at harshiya.co.uk (the "Website").
By engaging with Harshiya Ltd, you explicitly agree to adhere to these Terms. Disagreement with these Terms necessitates refraining from utilizing our services. The sustained use of Harshiya Ltd implies unequivocal acceptance of these Terms. During the use of Harshiya Ltd, you affirm your personal acknowledgment and consent to these Terms or assert such acknowledgment and consent on behalf of the represented entity. If Harshiya Ltd is utilized on behalf of another individual or entity, you explicitly declare the authority to accept these Terms on their behalf, with the said individual or entity expressly assuming responsibility in the event of any breach of these Terms.
BY ENGAGING WITH Harshiya Ltd, YOU ATTEST TO BEING LEGALLY OF AGE TO ENTER INTO BINDING AGREEMENTS.
For inquiries regarding these Terms or Harshiya Ltd, please reach out to us via email at admin@harshiya.co.uk. Additional contact information is available in Section 21 of these Terms.
Description of Services
Harshiya Ltd functions as an electronic interface, facilitating tasks within the WhatsApp chat through user interaction with various Models. Features encompass image summarization, voice/text translation, image generation, document chat, and more. We reserve the right to modify or discontinue Harshiya Ltd, including specific features, without prior notice. Your use of Harshiya Ltd does not guarantee continuous availability, and any alterations are at our sole discretion.
If you decide to cease using our services, you may contact us to claim a refund for any unused purchased credits.
Eligibility
You must be at least 13 years old to use Harshiya Ltd. If you are under 18 (or the age of legal majority in your jurisdiction), use Harshiya Ltd under parental or guardian supervision. Parents or guardians are fully responsible for users under 18.
Use by individuals under 16 is not allowed. If you observe such use, please contact us at admin@harshiya.co.uk.
You affirm and guarantee that you have not been previously suspended or removed from using WhatsApp or Harshiya Ltd. Additionally, you commit to utilizing Harshiya Ltd in accordance with all relevant laws and to furnish only truthful and accurate information to us. Harshiya Ltd is not accessible to users with a prior prohibition from its use.
Creation and Maintenance of Accounts
Certain Harshiya Ltd features or functionalities, established and maintained at our sole discretion, may necessitate the creation of an account with us ("Account"). By creating an Account, you agree to:
(i) Provide accurate, current, and complete information for your Account.
(ii) Maintain and promptly update your Account information as necessary.
(iii) Safeguard the security of your Account login information.
(iv) Accept responsibility for all activities occurring via your account, whether or not authorized by you.
(v) Immediately notify us of any discovered or suspected security breaches related to your Account.
You are solely responsible for maintaining the confidentiality, security, and control of your Account login information, and for all activities within your Account. We disclaim liability for any loss or damage resulting from your failure to comply with these requirements. We reserve the right to disable any user identification code or password, chosen or allocated, at any time if, in our reasonable opinion, you have failed to comply with any provisions of these terms of use.
Privacy Policy Acknowledgment
Kindly refer to our Privacy Policy for details on the collection, processing, and transfer of information about you when using Harshiya Ltd. The transfer and storage of your information during Harshiya Ltd use are regulated by our Privacy Policy. Your acceptance and agreement to these terms affirm that your use of Harshiya Ltd is subject to our Privacy Policy.
Content Responsibilities
Whenever you make use of a feature that allows you to upload content to our site, You are responsible for the legality, reliability, and appropriateness of the content you submit.
By submitting content, you grant us the right to use, modify, reproduce, and distribute it through the Service, including third-party APIs like OpenAI's API or Stable Diffusion API. You retain all rights to your content.
You confirm that: (i) the content is yours or you have the right to use and grant us the specified rights, and (ii) your content doesn't violate anyone's rights.
Prohibited actions include uploading, editing, creating, storing, or sharing content that breaches these Terms. You also agree to indemnify Harshiya Ltd for any unauthorized use of third-party user content in line with these Terms.
Prohibited Conduct
You are required to adhere to applicable laws, intellectual property rights, and other third-party rights while using Harshiya Ltd. You are solely responsible for the content you submit and all activities conducted using Harshiya Ltd.
You agree not to engage in harmful, fraudulent, harassing, or objectionable conduct, violating any targeted group references. Prohibited actions include unauthorized usage, interference with Harshiya Ltd's functionality, reverse engineering, or attempting to breach security measures. Developing or using third-party applications without prior consent, unauthorized access, and improper use for advertising or illegal purposes are strictly prohibited.
Content creation must avoid violating these Terms, ensuring non-infringement of rights. Spam, inappropriate, or harmful content, such as explicit material or personal information without consent, is strictly forbidden. Any content that is deemed objectionable or hinders Harshiya Ltd's use may be refused or removed at our discretion.
Regarding Stable Diffusion AI technology, specific prohibited uses include exploiting minors, generating false information, defamation, discrimination, and violating legal rights. Compliance with the Stable Diffusion AI technology license is mandatory.
We reserve the right to monitor and investigate violations, and may refuse or remove content at our discretion. By using Harshiya Ltd, you accept the risk of exposure to offensive or objectionable content and agree that we are not liable for any damages incurred. Contact us at admin@harshiya.co.uk for offensive content concerns.
In-App Credit Procurement
Harshiya Ltd grants users access to all features through the utilization of allocated free credits. Continued usage of our services necessitates the acquisition of additional credits
Refunds for unused credits are within the discretionary purview of Harshiya Ltd, and while such refunds may be considered, they are not obligatory. Users are invited to engage with us for further elucidation on credit refund policies.
Copyright Infringement
It is our steadfast policy to uphold the legitimate rights of copyright owners. We are committed to addressing notices of alleged copyright infringement in accordance with applicable law. If you have a belief that any materials, including text, graphics, photos, audio, music, videos, or other works, including any Content, on Harshiya Ltd have been replicated in a manner that constitutes copyright infringement, you may request the removal of said Content (or access to it) from Harshiya Ltd by submitting a written notification to us at admin@harshiya.co.uk. In the event that we identify users engaging in repeated copyright infringements, we will take reasonable measures to disable access to Harshiya Ltd for such users.
Feedback Submission
We welcome your feedback, questions, and creative input about Harshiya Ltd ("Feedback"). Submit Feedback to admin@harshiya.co.uk or through other means. Note that your Feedback becomes our exclusive property, granting us unrestricted rights, including intellectual property rights, for any purpose without acknowledgment or compensation to you. You retain the right to modify your Feedback, contributing to accurate user information. If made public, your personal data won't be used without explicit consent.
Indemnification Clause:
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless us and our respective officers, directors, agents, partners, and employees ("Company Parties") from any Claims arising from:
(i) Your use of Harshiya Ltd.
(ii) Your Content or Feedback.
(iii) Your violation of these Terms.
(iv) Your violation, misappropriation, or infringement of another's rights.
(v) Your conduct in connection with Harshiya Ltd.
You must promptly notify Company Parties of third-party Claims, cooperate in defense, and cover associated fees. Company Parties retain control over defense or settlement. This indemnity is in addition to any other specified in a written agreement.
Content Disclaimer:
We do not control, endorse, or assume responsibility for any Content (and its loss) or third-party content on or linked to Harshiya Ltd. You acknowledge sole responsibility and assume all associated risks for your use of any third-party websites or resources.
Harshiya Ltd Usage Disclaimer:
Your use of Harshiya Ltd is at your sole risk. Harshiya Ltd is provided "as is" and "as available," without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that Harshiya Ltd is accurate, complete, reliable, current, error-free, or free of viruses or harmful components. You assume the entire risk regarding the quality and performance of Harshiya Ltd within your use.
Limitation of Liability:
Under no circumstance is the Company liable to you, whether in contract, tort, negligence, strict liability, warranty, or otherwise, for any indirect, consequential, exemplary, incidental, punitive, or special damages, or lost profits.
The total liability of the Company for any claim arising from these Terms is limited to the amount paid, if any, by you for Harshiya Ltd credit purchases. In no event will the Company's total liability exceed the amounts paid for Harshiya Ltd features. These limitations are fundamental to the agreement.
These limits do not apply to fraud, intentional misconduct, or matters where liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages.
Release of Liability:
To the fullest extent permitted by applicable law, you release the Company from responsibility, liability, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising from disputes between users and the acts or omissions of third parties, including claims of negligence.
User Waiver:
You expressly waive any special rights you may have under any applicable laws or common law principles that would otherwise limit the coverage of this release to claims you may know or suspect to exist in your favor at the time of agreeing to this release.
Dispute Resolution:
In case of any dispute or claim arising from these Terms or the use of Harshiya Ltd, the parties commit to resolving the matter amicably through good-faith negotiations. If resolution isn't achieved, the dispute will be subject to confidential binding arbitration conducted in English. Each party appoints an arbitrator, and these two arbitrators select a third as the presiding arbitrator. If they can't agree, the relevant arbitration authority will make the appointment. The arbitral tribunal's decision is final and binding, enforceable in any court with jurisdiction. Costs, including arbitrators' fees and administrative fees, are shared equally unless the tribunal decides otherwise.
Arbitration is strictly on an individual basis; class arbitrations, class actions, representative actions, and consolidation with other arbitrations are not allowed. You waive any right to a jury trial and any participation in a class action against us.
Any claim arising from or related to these terms must be filed within one year; otherwise, the claim is permanently barred.
Termination and Access Limitation:
We reserve the right to close, suspend, or limit your access to Harshiya Ltd at our discretion, without providing a specific reason. This action may be taken, but is not limited to, the following circumstances:
Breach or suspected breach of these Terms.
Infringement or suspected infringement of legal rights, including Intellectual Property Rights.
Engagement in or suspected engagement in fraudulent or illegal activities.
Failure to respond to account verification requests.
Failure to complete account verification when requested.
Mitigation of risk of loss to us, a user, or any other person.
Any other valid reasons determined by us.
We hold the authority to terminate your Harshiya Ltd access at our sole discretion, without prior notice. We are not liable for any loss or harm arising from your inability to use Harshiya Ltd. In the event of termination, discontinuation, or cancellation of Harshiya Ltd, certain provisions within these Terms will persist, including but not limited to ownership clauses, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Updates to Terms:
We retain the right to modify these Terms periodically. In such instances, we will publish the revised Terms and indicate the "Effective date" above. For significant alterations that may impact your rights, we commit to notifying you. If you disagree with the amended terms, you must cease using Harshiya Ltd. Continued usage following our notice will indicate your acceptance of the modifications.
Contact us
General contact details. If you have any questions about this Terms or the Company, please contact us via email at admin@harshiya.co.uk or our mailing address:
2430 / 2440 The Quadrant, Aztec West, Bristol BS32 4AQ.
Concluding Terms:
This agreement, constituting these Terms, serves as the entire understanding between you and us regarding Harshiya Ltd, replacing any prior oral or written agreements.
These Terms are presented solely in the English language, and you explicitly waive any laws requiring localization or delivery of non-electronic records.
Our failure to enforce any provision doesn't waive the right to do so later, and any waiver must be in writing and signed by an authorized representative.
Invalidity of a provision won't affect the rest, and all remedies are preserved unless expressly stated otherwise.
Section titles are for convenience only, with no legal effect.
These Terms benefit you and us exclusively and don't confer rights to third parties.
You can't assign your rights without our consent, but we can freely assign ours. These Terms are binding on successors and assigns.