Terms and Conditions

1.1. Acceptance:

These Terms and Conditions ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("Client" or "You"), and Sucetas Technologies Pvt. Ltd., operating the Dunefox platform ("Dunefox," "we," "us," or "our"). This agreement governs your access to and use of the Dunefox website (the "Site"), and all associated AI-driven chatbot services (the "Services").

1.2. Consent:

By accessing the Site or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, including the incorporated Data Processing Agreement (DPA). If you do not agree with all of these Terms, you are expressly prohibited from using the Site and Services and must discontinue use immediately.

1.3. Modification:

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time. We will notify you of any changes by updating the "Last Updated" date of these Terms. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

3.1. Service Description:

Dunefox provides a platform to create, deploy, and manage AI-driven chatbot solutions for use on the Client's channels.

3.2. Eligibility and Age:

The Services are intended for use by businesses and individuals who are at least 18 years old. By using the Services, you represent and warrant that you are of legal age and have the full legal capacity to enter into this agreement on your own behalf or on behalf of the entity you represent.

3.3. Client Account:

You must provide accurate and complete registration information and keep your password confidential. You are solely responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3.4. Changes to Services:

Dunefox reserves the right to modify, suspend, or discontinue any part of the Services, temporarily or permanently, with or without notice. You agree that Dunefox will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

4.1. Dunefox Property:

All intellectual property rights in the Site, Services, software, technology, and proprietary materials provided by Dunefox are owned by or licensed to Dunefox. Your use of the Services grants you a limited, non-exclusive, non-transferable right to use the Services in accordance with these Terms, but grants no ownership rights in our intellectual property.

4.2. Client Content:

You retain all ownership rights in the Client Content.

4.3. License to Dunefox:

You grant us a non-exclusive, worldwide, royalty-free, and sub-licensable license to use, copy, modify, and process the Client Content strictly for the purpose of operating, improving, and providing the Services to you, and for no other purpose.

5.1. Data Roles:

With respect to End-User Data, you acknowledge that you are the Data Fiduciary (Controller) and Dunefox is the Data Processor (Service Provider), as defined under applicable data protection laws (e.g., DPDP Act, GDPR).

5.2. Client Compliance:

You are exclusively responsible for your compliance with all applicable laws concerning the collection and processing of End-User Data. This includes:

• Lawful Basis: Obtaining and maintaining all necessary explicit consents and establishing a lawful basis for processing End-User Data, including for the initial training of the chatbot and the use of RAG (Retrieval-Augmented Generation).
• Consent Mechanism: Implementing and maintaining a robust, visible consent form/checkbox for end-users where required by law, clearly informing them that chat data may be used for chatbot training or other defined purposes.
• User Rights: Timely responding to and facilitating all End-User Rights requests (e.g., Access, Deletion, Rectification, Withdrawal of Consent) as required by law.

5.3. Data Processing Agreement (DPA):

These Terms incorporate by reference our Data Processing Agreement (DPA), which legally governs the data processing activities between us. By agreeing to these Terms, you agree to the DPA.

5.4. Data Deletion Timing:

You instruct and authorize Dunefox to permanently delete all Client Content (Training Data) and all End-User Chat Data within ninety (90) days from the effective date of the termination of your account or ninety (90) days from the effective date of a valid deletion request received from you.

6.2. Prohibited Content:

You warrant that the Client Content will not contain: illegal material, hate speech, content that infringes any third party's intellectual property or privacy rights, or sensitive regulated data that you are not legally authorized to process.

6.3. System Abuse:

You agree not to:

• Systematically retrieve data from the Services to create a collection, compilation, database, or directory without express written permission from us.
• Use any automated means or script to interact with the Services in a way that bypasses rate limits or access controls.
• Interfere with security features of the Services, including those that restrict copying of content or enforce usage limitations.

7.1. Service Disclaimers:

The Services are provided on an "as-is" and "as-available" basis. We make no warranties, express or implied, regarding the accuracy, reliability, or completeness of the Services. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components.

7.2. AI/Chatbot Accuracy Disclaimer:

You acknowledge that the AI chatbot is a generative model. Its responses are derived from your Client Content and may contain inaccuracies, hallucinations, or incomplete information. Clients are responsible for monitoring, moderating, and validating chatbot outputs to ensure accuracy and compliance with all applicable laws and regulations.

7.3. Limitation of Liability:

To the maximum extent permitted by applicable law, in no event shall Dunefox or its directors, employees, or agents be liable to you or any third party for any direct, indirect, incidental, special, or consequential damages (including lost profit or lost data) arising from your use of the Services.

7.4. Liability Cap:

Our total aggregate liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of (a) the amount paid by you to us during the six (6) month period prior to any cause of action arising, or (b) INR 10,000.

7.5. Force Majeure:

Dunefox shall not be liable for any delay or failure in performance of any of its obligations under these Terms caused by events beyond our reasonable control, including but not limited to, acts of God, war, terrorism, natural disasters, utility or communication failures, or sophisticated cyberattacks.

8.1. By Client:

You may terminate your account at any time by following the instructions within the Services or by contacting us directly.

8.2. By Dunefox:

We may terminate or suspend your account, without prior notice or liability, for any reason, including without limitation if you breach these Terms, particularly for violations of Section 5 (Data Responsibility) or Section 6 (Prohibited Activities).

8.3. Effect of Termination:

Upon termination, your right to use the Services will immediately cease. All Client Content and End-User Data will be handled in accordance with Section 5.4.

9.1. Governing Law:

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of India, specifically the laws of the State of Maharashtra, without regard to its conflict of law principles.

9.2. Dispute Resolution:

Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Pune, Maharashtra, India, and the parties hereby consent to the personal jurisdiction and venue therein.

9.3. Severability:

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the rest of these Terms will remain valid and effective.

9.4. Entire Agreement:

These Terms, together with the Privacy Policy and DPA, constitute the entire agreement between you and Dunefox regarding the use of the Services.