ELSAI FOUNDRY - ARMS PLATFORM
Effective Date: March 4, 2026 | Last Updated: March 4, 2026 | Version: 2.0 |
1. INTRODUCTION AND ACCEPTANCE
These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you (individually or on behalf of an entity, "you," "your," or "User") and O2V Private Limited, doing business as elsai Foundry ("Company," "we," "us," or "our"), a company incorporated under the Companies Act, 2013, having its registered office at 129B, East Coast Road, Thiruvanmiyur, Chennai - 600041, Tamil Nadu, India (CIN: [Company Identification Number]), concerning your access to and use of the elsai Foundry platform, including the Agent Resource Management Software (ARMS) and related services (collectively, the "Platform" or "Services").
BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.
These Terms incorporate by reference our Privacy Policy, Data Processing Addendum, Acceptable Use Policy, and any Service Plan specifications.
2. DEFINITIONS
"AI Agent" means any artificial intelligence software component, bot, automated system, or generative AI model monitored, managed, or deployed through the Platform.
"Customer Data" means any data, content, information, or personal data that you or your authorized users submit, upload, transmit, or process through the Platform, including all data inputs, training data, and prompts.
"Documentation" means the user guides, technical documentation, API specifications, and other materials provided by elsai Foundry relating to the Services.
"Organization" means the entity or business on whose behalf you are using the Services.
"Personal Data" means any information relating to an identified or identifiable natural person as defined under applicable data protection laws, including the Digital Personal Data Protection Act, 2023 (DPDPA), General Data Protection Regulation (GDPR), and other applicable privacy regulations.
"Processor" means a person who processes personal data on behalf of a Data Fiduciary, but does not include an employee of the Data Fiduciary.
"Data Fiduciary" means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data.
"Run" means a single execution or interaction tracked by the ARMS platform, as defined in the applicable Service Plan.
"Service Plan" means the subscription tier you have selected (Indie Developer, Startup, Enterprise, or Advanced Enterprise).
"Sensitive Personal Data" means Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, genetic data, biometric data, health data, sexual orientation, or data related to children.
"Sub-processor" means any third-party processor engaged by elsai Foundry to assist in processing Customer Data.
3. ELIGIBILITY AND ACCOUNT REGISTRATION
3.1 Eligibility
You must be at least 18 years of age and possess the legal capacity to enter into binding contracts under Indian law to use the Platform. By using the Services, you represent and warrant that you meet this age requirement and have full legal capacity.
3.2 Account Registration
To access certain Platform features, you must register for an account. You agree to:
Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Maintain the security of your account credentials using strong passwords and multi-factor authentication where available
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized access, security breach, or suspected fraud at security@elsaifoundry.ai
Do not share account credentials or allow unauthorized access to your account
3.3 Account Authority
If you register on behalf of an Organization, you represent and warrant that:
You have the legal authority to bind that Organization to these Terms
You are an authorized representative with signatory powers
Your Organization will be responsible for your actions and those of all users under the account
You will ensure all users comply with these Terms
3.4 Account Restrictions
You may not:
Share account credentials with unauthorized parties or third-party service providers.
Create multiple accounts for deceptive purposes or to circumvent usage limitations.
Transfer, sell, rent, or lease your account without our prior written consent.
Use another user's account without express permission
Register using false, misleading, or fraudulent information
Circumvent authentication mechanisms or security features
3.5 Account Verification
We reserve the right to:
Verify your identity and authorization to act on behalf of an Organization
Request additional documentation for verification purposes
Suspend or terminate unverified accounts
Implement Know Your Customer (KYC) procedures as required by law
3.6 Company Logo Usage
By registering for an account using your work email address, you grant elsai Foundry a non-exclusive, worldwide, royalty-free license to display your company logo, name, and a brief description of your use case in our customer lists, case studies, marketing materials, website, and investor presentations. If you wish to opt out of this logo usage right, you may send a request to support@elsaifoundry.ai, and we will remove your logo within fifteen (15) business days.
4. SERVICE PLANS AND SUBSCRIPTIONS
4.1 Service Plans
elsai Foundry offers multiple Service Plans including Indie Developer (Free Forever), Startup, Enterprise, and Advanced Enterprise. Detailed specifications, features, usage limits, and pricing for each plan are available on our pricing page at https://www.elsaifoundry.ai/arms/pricing.
Indie Developer Plan (Free Forever): Includes limited organizations, users, and projects with basic features, cloud deployment, community support, and email support with standard response times.
Startup Plan: Includes expanded capacity for users and projects, increased monthly runs, extended data retention (90 days), cloud deployment, and faster email support (48-hour response time). A free trial is available.
Enterprise Plan: Includes substantial capacity for users and unlimited projects, high-volume monthly runs, long-term data retention (365 days) with cold storage options, cloud deployment with high availability, and priority email support (24-hour response time). A free trial is available.
Advanced Enterprise Plan: Includes custom configurations for organizations, users, projects, and unlimited runs. Features custom data retention policies, flexible deployment options (cloud, hybrid, or self-hosted), dedicated support team with named contacts, training sessions and onboarding, architectural guidance and best practices consulting, forward-deployed engineers for implementation assistance, and Service Level Agreements (SLA) with uptime guarantees and service credits.
Note: Pricing, features, specifications, and usage limits are subject to change. Please refer to our current pricing page for the most up-to-date information. We will communicate material changes with thirty (30) days' advance notice.
4.2 Plan Changes
You may upgrade or downgrade your Service Plan at any time through your account dashboard or by contacting support. Changes will take effect:
Upgrades: Immediately upon confirmation and payment
Downgrades: At the start of the next billing cycle
Pro-rata Credits: Available for upgrades; no refunds for downgrades
Downgrading may result in the loss of features, reduced usage limits, or changes to data retention. We will provide notice of feature impacts before confirming a downgrade.
4.3 Free Trial
Certain plans may include a free trial period of up to thirty (30) days. During the trial:
Trial activation does not require payment information
Full plan features are available with trial usage limits
You may cancel at any time without charge
At trial end, your subscription will automatically convert to a paid plan unless you cancel
Trial extensions are at our sole discretion
One trial per Organization; violations may result in account termination
4.4 Annual Billing
Annual subscriptions receive discounted rates compared to monthly billing, with credits provided upfront for the full year. Annual subscription terms:
Full payment at the time of subscription
Annual fees are non-refundable except as expressly provided in Section 5.8 (Refund Policy)
Renewal occurs automatically unless cancelled at least thirty (30) days before the renewal date
Plan changes during the annual term take effect at the next renewal
5. FEES AND PAYMENT
5.1 Subscription Fees
You agree to pay all applicable fees for your selected Service Plan as specified on our pricing page and in your order confirmation. Fees are payable in advance on a monthly or annual basis as selected during subscription.
All fees are stated and payable in Indian Rupees (INR) unless otherwise agreed in writing for international customers.
5.2 Payment Methods
We accept the following payment methods:
Major credit cards (Visa, Mastercard, American Express)
Debit cards
UPI (Unified Payments Interface) for Indian customers
Bank transfers (for Enterprise and Advanced Enterprise plans)
Purchase orders (for qualified Enterprise customers with credit approval)
You authorize us to charge your selected payment method for all fees incurred under your account. You must maintain valid payment information on file.
5.3 Automatic Renewal
Your subscription will automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date—renewals at the then-prevailing subscription rate for your Service Plan.
We will send renewal reminders:
Thirty (30) days before annual renewal
Seven (7) days before monthly renewal
Renewal charges may reflect price increases communicated pursuant to Section 5.7 (Price Changes).
5.4 Overages and Usage Limits
If you exceed your plan limits (users, projects, monthly runs, storage, API calls):
Your service may be limited to prevent any additional charges.
You may be required to upgrade to a higher Service Plan
Overage charges may apply as communicated in advance
Repeated overages may result in a mandatory plan upgrade or service suspension
Overage pricing (if applicable) will be disclosed on our pricing page and confirmed before charges apply.
5.5 Taxes and Government Charges
All fees are exclusive of applicable taxes, duties, levies, tariffs, and governmental charges, including but not limited to:
Goods and Services Tax (GST) in India
Value Added Tax (VAT) in applicable jurisdictions
Sales tax, use tax, or withholding tax
Customs duties or import/export fees
You are responsible for payment of all such taxes except those based on our net income. We will invoice applicable taxes separately, and you agree to pay the invoiced amounts in full.
For Indian customers, you must provide a valid GSTIN (GST Identification Number) if applicable to your Organization.
5.6 Late Payment
Late payments may result in:
Immediate suspension of Services until payment is received
Termination of Services if payment remains outstanding for thirty (30) days
Interest charges at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is lower
Responsibility for all collection costs, including reasonable attorneys' fees and legal expenses
Negative impact on account status and future payment terms
We will provide written notice before suspension, except in cases of suspected fraud.
5.7 Price Changes
We reserve the right to modify subscription fees, overage rates, and other charges upon thirty (30) days' advance written notice via email and in-platform notification. Price changes will:
Apply at your next renewal (not mid-term)
Be communicated with clearly before/after pricing
Provide an opportunity to cancel before the increase takes effect
Continued use of the Services after the effective date of price changes constitutes acceptance of new fees. You may cancel your subscription before the price change effective date to avoid increased fees.
5.8 Refund Policy
Free Trial: Refunds do not apply during free trial periods, since the user does not incur any charges.
Monthly Subscriptions: No refunds for partial months of service. Services remain accessible through the end of the current billing cycle upon cancellation.
Annual Subscriptions: No refunds except in the following circumstances:
Material breach by elsai Foundry that remains uncured for thirty (30) days after written notice
Service unavailability exceeding SLA commitments (Advanced Enterprise only)
Failure to deliver contracted features within agreed timelines (Advanced Enterprise only)
Pro rata refunds for eligible cases will be calculated based on the unused months remaining in the annual term.
Exceptions: Refund decisions outside these criteria are at our sole discretion and do not constitute precedent for future requests.
5.9 Invoice Disputes
You must notify us of any invoice disputes within fifteen (15) days of the invoice date by emailing billing@elsaifoundry.ai with a detailed explanation. Undisputed portions remain payable by the due date. We will investigate disputes in good faith and respond within fifteen (15) business days.
6. USE OF SERVICES
6.1 License Grant
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform and Documentation for your internal business purposes during the subscription term.
This license does not include any right to:
Sublicense, resell, or redistribute the Services
Use the Services for the benefit of third parties (except authorized users within your Organization)
Access the Services to build competitive or substantially similar products
Reverse engineer or extract source code from the Platform
6.2 Usage Restrictions
You agree not to:
Use the Services for any illegal purpose or in violation of any local, state, national, or international laws
Attempt to gain unauthorized access to the Platform, related systems, networks, or other users' accounts
Interfere with, disrupt, or impose unreasonable loads on the integrity or performance of the Services
Reverse engineer, decompile, disassemble, or attempt to derive source code from any aspect of the Platform
Remove, alter, or obscure any proprietary notices, labels, or marks on the Platform
Use the Services to develop, train, or improve competing products, services, or AI models
Scrape, crawl, data mine, or harvest data from the Platform using automated means without authorization
Transmit malware, viruses, worms, Trojan horses, or other harmful code through the Platform
Impersonate any person or entity, or misrepresent your affiliation with any person or entity
Use the Services to process, store, or transmit infringing, defamatory, or unlawful content
Violate any applicable export control laws, sanctions, or regulations
Share access credentials with unauthorized parties or sublicense your rights to third parties
Circumvent usage limits, security features, or access controls
Use the Services in any manner that could damage, disable, overburden, or impair our infrastructure
Probe, scan, or test the vulnerability of the Platform or breach security measures
Access or use non-public areas of the Platform without authorization
6.3 Acceptable Use
You must use the Services in compliance with:
All applicable laws, regulations, and third-party rights, including intellectual property rights
Our Acceptable Use Policy (available at https://www.elsaifoundry.ai/acceptable-use and incorporated herein by reference)
Industry best practices for AI governance, ethical AI deployment, and responsible AI usage
Any usage guidelines, technical specifications, or limitations provided in the documentation
Applicable professional codes of conduct and ethical standards for your industry
Prohibited Uses: Users shall not use the services for:
Generating spam, unsolicited communications, or phishing content
Creating deepfakes, synthetic media intended to deceive, or misinformation
Harassment, hate speech, discrimination, or content promoting violence
Exploitation or harm of minors
Unauthorized surveillance, monitoring, or tracking of individuals
Biometric identification or emotion recognition without proper consent and legal basis
Automated decision-making affecting legal rights without human oversight
Social scoring or behavioral manipulation
Any purpose prohibited by the EU AI Act, AI regulations, or applicable laws
6.4 Responsibility for Users
You are responsible for:
All activities conducted through your account by authorized users, contractors, or agents
Ensuring that all users comply with these Terms and applicable laws
Providing training and supervision to users regarding acceptable use
Promptly removing access for users who violate these Terms
Monitoring and auditing user activities for compliance
6.5 AI-Specific Usage Requirements
When using AI Agents through the Platform, you must:
Implement appropriate human oversight for high-risk or sensitive use cases
Validate AI outputs before use in production environments or critical decisions
Do not rely solely on AI-generated outputs for legal, medical, financial, or professional advice
Disclose AI usage to end users where required by law or ethical standards
Implement bias testing and fairness assessments for AI models affecting individuals
Maintain audit trails and logging for AI Agent decisions as required by law
Comply with transparency and explainability requirements under applicable AI regulations
6.6 Reservation of Rights
We reserve the right to:
Monitor usage patterns to ensure compliance with these Terms
Investigate suspected violations and take appropriate action
Suspend or terminate access for violations without prior notice
Implement rate limiting or usage controls to maintain platform stability
Modify features or functionality with reasonable notice
7. CUSTOMER DATA AND PRIVACY
7.1 Customer Data Ownership
You retain all rights, title, and interest in and to your Customer Data. You grant us a limited, non-exclusive, worldwide license to access, store, process, and transmit Customer Data solely to provide the Services, ensure platform security, and fulfill our obligations under these Terms.
We claim no ownership rights in Customer Data and will not use Customer Data for any purpose outside the scope of providing Services to you.
7.2 Data Processing
We will process Customer Data in accordance with:
Our Privacy Policy (available at https://www.elsaifoundry.ai/privacy)
Applicable data protection laws, including DPDPA, GDPR, CCPA, and other privacy regulations
Your Service Plan specifications and any custom agreements
Data Processing Addendum (available for Enterprise and Advanced Enterprise customers upon request)
Your documented instructions regarding data processing
Data Fiduciary and Processor Relationship: For Customer Data containing Personal Data:
You act as the Data Fiduciary, determining purposes and means of processing
We act as your Processor, processing Personal Data solely on your instructions
We will not process Personal Data except as instructed by you or required by law
We will notify you if we believe your instructions violate applicable data protection laws
7.3 Data Security
We implement and maintain appropriate technical and organizational security measures to protect Customer Data against unauthorized access, loss, destruction, alteration, or disclosure, including:
Technical Measures:
Encryption of data in transit using TLS 1.3 or higher
Encryption of data at rest using AES-256 or equivalent
Secure key management with regular rotation
Network segregation and firewall protection
Intrusion detection and prevention systems
Regular vulnerability scanning and penetration testing
Secure software development lifecycle practices
Organizational Measures:
Access controls based on the least privilege principle
Multi-factor authentication for administrative access
Role-based access control (RBAC) mechanisms
Background checks for personnel with data access
Confidentiality obligations for all personnel
Security awareness training programs
Incident response and business continuity plans
Regular security assessments and audits
Security Certifications: Advanced Enterprise customers benefit from SOC 2 Type II, ISO 27001, and other compliance frameworks detailed in Section 9.
7.4 Data Location and Residency
Standard Plans (Indie Developer, Startup, Enterprise): Primary data storage is in the United States (AWS US East Region). Users may access data from other regions for support and maintenance purposes.
Advanced Enterprise: Customers may choose custom data locations, including:
EU data residency (AWS EU-West region) for GDPR compliance
India data residency (AWS Asia-Pacific Mumbai region) for DPDPA compliance
Hybrid deployment with specified data residency requirements
Self-hosted deployment within the customer's preferred environment and geographic location
Cross-Border Transfers: When customers transfer data internationally, we implement appropriate safeguards, including Standard Contractual Clauses (SCCs), Binding Corporate Rules, or other legally recognized transfer mechanisms.
7.5 Data Retention
Data retention periods vary by Service Plan:
Indie Developer: 30 days active retention
Startup: 90 days active retention
Enterprise: 365 days active retention with cold storage options
Advanced Enterprise: Custom retention policies as specified in your agreement
Post-Termination Retention: Following account termination or subscription expiration:
Data is retained for thirty (30) days to allow export and transition
After thirty (30) days, active data is deleted permanently
Backup systems purging within ninety (90) days
Indefinite retention of Aggregated, anonymized analytics data
Legal holds and regulatory requirements may extend retention periods
Retention for Legal Compliance: We may retain certain data longer where required by:
Applicable laws (tax, accounting, audit requirements)
Regulatory obligations or investigations
Litigation holds or legal proceedings
Audit trails required for compliance certifications
7.6 Data Deletion
Upon written request or account termination, we will delete your Customer Data within thirty (30) days, except for:
Data required for legal, regulatory, audit, or tax compliance
Data retained in backup systems (deleted within 90 days per backup rotation schedule)
Data subject to litigation holds or investigations
Aggregated, anonymized data that cannot identify individuals or organizations
You may request deletion by emailing privacy@elsaifoundry.ai with verification of account ownership.
Deletion Certification: Advanced Enterprise customers may request certified confirmation of data deletion.
7.7 Data Portability
You may export your Customer Data at any time through:
Platform interface using export functionality
RESTful API endpoints (documented at https://api.elsaifoundry.ai/docs)
Bulk export requests for large datasets (Enterprise and Advanced Enterprise)
Export Formats: JSON, CSV, XLSX (depending on data type)
Export Limitations: Rate limits apply to API exports to prevent service disruption. Contact support for bulk exports exceeding standard limits.
7.8 Prohibited Data
Unless you are on an Advanced Enterprise plan with appropriate compliance measures enabled, written approval obtained, and required legal agreements executed, you must not upload or process:
Protected Health Information (PHI) as defined under HIPAA, without a Business Associate Agreement
Payment Card Information (PCI data), including credit card numbers, CVV codes, or cardholder data
Sensitive Personal Data, including genetic data, biometric data, health records, or data revealing racial/ethnic origin, political opinions, religious beliefs, or sexual orientation, without a proper legal basis and safeguards
Personal Data of children under 13 years (or applicable age in your jurisdiction) without parental consent mechanisms
Classified or government-sensitive data requiring specific clearances or handling procedures
Financial account credentials or authentication tokens
Data subject to attorney-client privilege without appropriate legal safeguards
Any data prohibited for processing by applicable law in your jurisdiction
Violation of prohibited data restrictions may result in immediate account suspension and termination.
7.9 Data Breach Notification
In the event of a security breach affecting Customer Data, we will:
Notify you without undue delay and within seventy-two (72) hours of becoming aware of the breach
Provide written notification to your account email and designated security contacts
Describe the nature and scope of the breach, including categories and the approximate number of affected records
Detail the likely consequences and potential impact of the breach
Communicate measures taken or proposed to address the breach and mitigate harm
Provide reasonable assistance with your breach notification obligations to affected individuals and authorities
Cooperate with investigations and regulatory inquiries
Your Breach Obligations: You remain responsible for assessing whether the breach triggers notification obligations under applicable laws (e.g., DPDPA, GDPR, CCPA) and for notifying affected data subjects and regulators as required.
7.10 Data Subject Rights
We will provide reasonable assistance to help you respond to data subject requests under DPDPA, GDPR, CCPA, and other privacy laws, including requests for:
Access to Personal Data
Rectification or correction of inaccurate data
Erasure or deletion ("right to be forgotten")
Restriction of processing
Data portability
Objection to processing
Withdrawal of consent
Request Process:
Submit data subject requests to privacy@elsaifoundry.ai
Include verification of data subject identity and request scope
We will respond within the timeframe required by applicable law (typically 30 days)
Technical limitations may affect the feasibility of certain requests
Advanced Enterprise customers receive dedicated support for fulfilling data subject requests through streamlined workflows.
7.11 Sub-processors
We engage certain Sub-processors to assist in providing the Services, including:
Cloud infrastructure providers (AWS, Azure, Google Cloud Platform)
Content delivery networks (CDNs)
Email service providers
Analytics and monitoring services
Customer support platforms
Sub-processor List: A current list of Sub-processors is available at https://www.elsaifoundry.ai/subprocessors and includes each Sub-processor's name, location, and service function.
Sub-processor Changes: We will notify you of Sub-processor additions or changes at least thirty (30) days in advance via email. You may object to new Sub-processors within fourteen (14) days of notification. If we cannot accommodate your objection, you may terminate these Terms without penalty.
Sub-processor Obligations: We impose on Sub-processors data protection obligations no less protective than those in these Terms, and we remain liable for Sub-processor compliance.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Platform Ownership
The Platform, including all software, source code, algorithms, architectures, designs, trademarks, service marks, logos, trade secrets, know-how, patents, copyrights, and other intellectual property rights, is and remains the exclusive property of elsai Foundry or its licensors.
These Terms do not transfer any ownership rights to you. elsai Foundry reserves all rights not expressly granted.
8.2 Customer Data and IP Rights
You retain all intellectual property rights in Customer Data. We claim no ownership over:
Your data, content, documents, or information uploaded to the Platform
AI models you develop, train, or customize using the Platform
Configurations, workflows, or processes you create
Your business logic, prompts, or instructions provided to AI Agents
8.3 AI Model Outputs and Training
Output Ownership: Outputs generated by AI Agents using your Customer Data belong to you, subject to applicable third-party AI provider terms.
No Training on Customer Data: We do not use your Customer Data or AI-generated outputs to:
Train our models or algorithms
Improve Services for other customers
Develop competing products or services
Without your explicit, prior written consent, your Customer Data remains isolated and confidential.
Aggregated Analytics: We may use aggregated, anonymized usage data (not specific to your content) for:
Platform analytics and performance monitoring
Service improvement and feature development
Industry benchmarking and research
Security and fraud prevention
Such aggregated data does not identify you or your Organization.
8.4 Feedback and Suggestions
If you provide feedback, suggestions, ideas, enhancement requests, recommendations, or other input about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit such feedback for any purpose without obligation or compensation to you.
Feedback is provided voluntarily and does not include any of your confidential information or proprietary Customer Data unless you explicitly designate it as such.
8.5 Third-Party Components
The Platform may include open-source software, third-party libraries, or licensed components subject to separate license terms. A list of third-party components and their licenses is available upon written request to legal@elsaifoundry.ai.
Your use of the Platform does not grant you any rights in third-party components beyond those necessary to use the Services as intended.
8.6 Trademark Usage
You may not use ELSAI Foundry trademarks, service marks, logos, or brand assets without our prior written consent, except as necessary to identify us as the service provider in accordance with these Terms.
Any authorized use must comply with our brand guidelines (available upon request).
9. COMPLIANCE AND CERTIFICATIONS
9.1 Advanced Enterprise Compliance
Comprehensive compliance and certification support, including SOC 2 Type II, ISO 27001, GDPR, CCPA, HIPAA, DPDPA, and AI Act compliance, is available exclusively for Advanced Enterprise customers.
elsai Foundry assists Advanced Enterprise customers in deploying the Platform in their preferred environment (cloud, hybrid, or self-hosted) while ensuring all necessary compliance frameworks are in place.
Available Compliance Frameworks for Advanced Enterprise:
SOC 2 Type II: Independent audit of security controls covering security, availability, processing integrity, confidentiality, and privacy
ISO 27001: Certified information security management system (ISMS) meeting international standards
GDPR Compliance: EU data residency options, Standard Contractual Clauses, Data Processing Addendum, data subject rights fulfillment, and privacy-by-design implementations
CCPA Compliance: California Consumer Privacy Act requirements, including consumer rights, opt-out mechanisms, and data sale restrictions
DPDPA Compliance: Digital Personal Data Protection Act (India) requirements, including consent management, data principal rights, and cross-border transfer mechanisms
HIPAA Compliance: Business Associate Agreement (BAA), administrative, physical, and technical safeguards, breach notification procedures, and audit controls for Protected Health Information (PHI)
EU AI Act Compliance: Risk classification, conformity assessment, transparency obligations, human oversight mechanisms, documentation requirements, and post-market monitoring for high-risk AI systems
PCI DSS: Payment Card Industry Data Security Standards (upon request with additional certification costs)
Custom compliance configurations based on industry-specific requirements (financial services, healthcare, government, education)
Advanced Enterprise Compliance Services:
Deployment assistance in customer-preferred environments with compliance controls
Audit-ready documentation, logging, and evidence collection
Data residency controls (US, EU, India, or custom locations)
Dedicated compliance support team and consultation
Regular compliance assessments and gap analysis
Vendor security questionnaire support
Third-party audit facilitation and evidence provision
Compliance training and best practices guidance
9.2 Standard Plans Compliance
Indie Developer, Startup, and Enterprise plans include baseline security measures, industry best practices, and foundational data protection controls, but do not include formal compliance certifications or dedicated compliance support.
Standard plans are suitable for:
Non-regulated industries without specific compliance mandates
Development, testing, and non-production environments
Organizations without formal certification requirements
General business use cases not involving regulated data types
Customers requiring specific compliance frameworks must upgrade to the Advanced Enterprise plan.
9.3 Your Compliance Obligations
Regardless of your Service Plan, you are responsible for:
Ensuring your use of the Services complies with all applicable laws in your jurisdiction
Obtaining necessary consents, authorizations, and legal bases for data processing from your end users and data subjects
Implementing appropriate technical and organizational safeguards for sensitive or regulated data before uploading to the Platform
Maintaining required certifications, licenses, and authorizations for your industry and use cases
Conducting Data Protection Impact Assessments (DPIAs) or Fundamental Rights Impact Assessments where required
Notifying us if you intend to process regulated data types requiring specific compliance measures
Complying with AI transparency, disclosure, and explainability requirements under applicable AI regulations
Implementing human oversight and validation for AI-assisted decision-making
Conducting bias testing and fairness assessments for AI models affecting individuals
Maintaining audit trails and documentation required by your regulatory obligations
9.4 Healthcare and Regulated Data
Processing of Protected Health Information (PHI), Personal Health Information, personally identifiable information under GDPR or DPDPA, payment card information, or other regulated data types requires:
Subscription to Advanced Enterprise plan with appropriate compliance enabled
Execution of required agreements: Business Associate Agreement (BAA) for HIPAA, Data Processing Addendum (DPA) for GDPR/DPDPA, or other regulatory agreements
Deployment in a compliant environment (self-hosted, dedicated cloud infrastructure, or certified compliant cloud region)
Compliance with all applicable security, privacy, and regulatory rules
Prior written approval from elsai Foundry's compliance team via compliance@elsaifoundry.ai
Implementation of additional technical safeguards as documented in compliance specifications
Regular compliance audits and reviews
Unauthorized processing of regulated data violates these Terms and may result in immediate suspension or termination.
9.5 AI Act and AI Regulation Compliance
For customers subject to the EU AI Act or other AI-specific regulations:
Risk Classification: You are responsible for determining the risk classification of your AI systems under applicable regulations
High-Risk AI Systems: If your use case constitutes a high-risk AI system, you must implement conformity assessment procedures, register systems in applicable databases, and maintain technical documentation
Transparency Obligations: You must disclose AI usage to end users where required and implement transparency mechanisms
Human Oversight: You must implement human oversight measures for high-risk AI systems and critical decision-making
Documentation: You must maintain logs, audit trails, and documentation required by AI regulations
Prohibited Practices: You must not use the Platform for AI practices prohibited under applicable regulations (social scoring, emotion recognition in certain contexts, biometric categorization, and so on)
Advanced Enterprise customers receive guidance and tooling to support AI Act compliance, but ultimate compliance responsibility remains with you as the deployer/provider of AI systems.
9.6 Export Control and Sanctions Compliance
The Platform and Services may be subject to export control laws and regulations, including the US Export Administration Regulations (EAR), EU export controls, and Indian export controls.
You represent and warrant that:
Your location is not in, under the control of, or a national or resident of any country subject to a US, EU, or international embargo or sanctions
You are not on any government restricted party lists, such as the US SDN List or EU sanctions lists.
You will not use the Services for prohibited end uses, including development of weapons, nuclear technology, or other restricted purposes.
You will comply with all applicable export control and sanctions regulations.
We reserve the right to suspend access if required to comply with export controls or sanctions.
9.7 Audit Rights
For Advanced Enterprise Customers: We will permit you or your authorized auditors to audit our compliance with these Terms and applicable regulations upon:
Thirty (30) days' advance written notice
Execution of confidentiality agreements
Limitation to one audit per calendar year (unless required by regulatory event)
Reasonable scope limited to our obligations under these Terms
Conduct during normal business hours without disruption to operations
Audit costs are your responsibility unless the audit reveals material non-compliance, in which case we will reimburse reasonable costs.
Regulatory Audits: We will cooperate with regulatory audits and investigations as required by law and provide reasonable assistance.
10. THIRD-PARTY INTEGRATIONS
10.1 Partner Services
The Platform integrates with numerous third-party services to extend functionality, including:
Cloud Providers:
Amazon Web Services (AWS)
Microsoft Azure
Google Cloud Platform (GCP)
IBM Cloud
Data Platforms:
Snowflake
Databricks
MongoDB Atlas
PostgreSQL, MySQL (cloud-hosted)
LLM and AI Providers:
100+ language models, including OpenAI, Anthropic, Cohere, Google, Meta Llama, Mistral, and others
Model aggregation platforms
Tools and Connectors:
200+ integrations, including APIs, databases, business applications, communication tools, and custom connectors.
A complete list of supported integrations is available at https://www.elsaifoundry.ai/integrations.
10.2 Third-Party Terms
Your use of third-party services is subject to their respective terms of service, privacy policies, and acceptable use policies. You are responsible for:
Reviewing and accepting third-party terms before enabling integrations
Ensuring your use complies with third-party requirements
Obtaining necessary licenses, subscriptions, or accounts with third-party providers
Paying any fees charged by third-party providers
Resolving disputes directly with third-party providers
We are not responsible for third-party services, their availability, functionality, compliance with laws, data practices, security, or performance.
10.3 Data Sharing with Third Parties
When you enable third-party integrations, we may share certain Customer Data with those providers to enable the integration functionality. Data sharing occurs:
Only when you explicitly enable the integration
In accordance with the integration's documented functionality
Subject to the third party's privacy policy and data practices
Under your control and authorization
We do not control how third parties use, store, or protect data shared through integrations. Review third-party privacy policies before enabling integrations.
Third-Party AI Providers: When using third-party LLMs or AI models, we may allow third-party providers to process your prompts, inputs, and outputs in accordance with their terms. We recommend reviewing third-party AI provider policies regarding:
Data usage and model training
Data retention and deletion
Confidentiality and security
Compliance certifications
10.4 Third-Party Availability
Integrations depend on third-party service availability and APIs. We are not liable for:
Third-party service outages or disruptions
Changes to third-party APIs or the deprecation of features
Third-party service discontinuation
Data loss due to third-party failures
We will make commercially reasonable efforts to notify you of known third-party integration issues.
10.5 Third-Party Security
We are not responsible for the security practices of third-party services. You should:
Evaluate third-party security and compliance certifications
Implement appropriate controls when sharing sensitive data
Monitor third-party access and revoke when no longer needed
Report any third-party security incidents to both the provider and us
11. SERVICE AVAILABILITY AND SUPPORT
11.1 Uptime and Availability
We strive to maintain high service availability and reliability, but do not guarantee uninterrupted, error-free, or continuously available access to the Platform except as specifically committed in Service Level Agreements (SLAs) for Advanced Enterprise customers.
Target Availability (not guaranteed except under SLA):
Standard Plans: 99.5% monthly uptime target
Enterprise Plan: 99.9% monthly uptime target
Advanced Enterprise: 99.95% monthly uptime with SLA credits for non-compliance
Scheduled maintenance windows are not part of any availability calculations.
11.2 Service Level Agreements (SLA)
Advanced Enterprise Only: Customers receive enforceable SLAs specifying:
Guaranteed uptime percentages (e.g., 99.95% monthly uptime)
Performance benchmarks (response times, latency thresholds)
Support response and resolution timeframes
Service credits for SLA violations
Measurement methodologies and monitoring
Exclusions (force majeure, customer-caused outages, third-party failures)
SLA terms are documented in Advanced Enterprise agreements and are enforceable separately from these general Terms.
11.3 Support Services
Support is provided according to your Service Plan as detailed on our pricing page:
Feature | Indie | Startup | Enterprise | Advanced Enterprise |
Support Channel | Email, Phone, Slack | |||
Response Time | 5 business days | 48 hours | 24 hours | 4 hours (critical) |
Support Hours | Business hours | Business hours | Extended hours | 24/7 for critical |
Dedicated Contact | No | No | No | Yes |
Training | Self-service | Documentation | 1 session | Ongoing training |
Table 1: Support Service Levels by Plan
Support Channels:
Email: support@elsaifoundry.ai (all plans)
Community Forums: Available for Indie and Startup plans
Phone Support: Advanced Enterprise only
Dedicated Slack Channel: Advanced Enterprise only
Issue Severity Levels:
Critical: Complete service outage or security breach (Advanced Enterprise: 4-hour response)
High: Major functionality unavailable affecting multiple users (24-hour response for Enterprise+)
Medium: Feature malfunction with workaround available (48-hour response)
Low: Minor issues, questions, feature requests (response per plan)
11.4 Maintenance
We may perform scheduled maintenance with advance notice when commercially reasonable:
Scheduled Maintenance: Announced at least forty-eight (48) hours in advance via email and status page, typically conducted during low-usage periods (weekends, late night UTC)
Emergency Maintenance: May occur without notice to address security vulnerabilities, critical bugs, or service outages; we will notify you as soon as practicable
Maintenance Windows: Standard maintenance windows are Sundays 00:00-04:00 UTC. Advanced Enterprise customers may negotiate alternative maintenance windows.
Status Page: Real-time service status and incident updates available at https://status.elsaifoundry.ai
11.5 Service Modifications
We reserve the right to modify, suspend, enhance, or discontinue any aspect of the Services with reasonable advance notice, except in emergencies:
Feature Enhancements: Generally available immediately without notice
Feature Deprecation: Ninety (90) days' advance notice for material features
Service Discontinuation: One hundred eighty (180) days' advance notice with migration assistance
We will not materially diminish core functionality during your subscription term without providing alternatives or offering termination rights.
11.6 Beta Features
We may offer beta, preview, or experimental features and designate them as such. Beta features:
Are provided "as is" without warranties
May be incomplete, unstable, or changed without notice
Should not be used for production workloads
May be discontinued at any time
Are excluded from SLAs and support obligations
May have separate terms of use
Your use of beta features is voluntary and at your own risk.
12. WARRANTIES AND DISCLAIMERS
12.1 Limited Warranty
We warrant that:
The Services will perform substantially in accordance with the documentation under normal use
We will provide the Services in a professional and workmanlike manner
We have the right and authority to grant the licenses provided in these Terms
The Platform will not contain viruses or malicious code intentionally introduced by us
Warranty Remedy: Your exclusive remedy for breach of warranty is for us to re-perform the non-conforming Services or, if we cannot correct the issue within thirty (30) days, to terminate your subscription and refund pro-rated fees for the unused portion.
12.2 DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12.1, THE PROVIDED SERVICES ARE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:
IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
TITLE
ACCURACY, COMPLETENESS, OR RELIABILITY OF RESULTS
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OPERATION
FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS
RESULTS OBTAINED FROM USE OF THE SERVICES
ACCURACY OF AI-GENERATED OUTPUTS
CORRECTION OF DEFECTS OR ERRORS
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WARRANTIES ARE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW.
12.3 AI Limitations and Disclaimers
You acknowledge and accept that:
AI systems may produce inaccurate, incomplete, biased, inappropriate, offensive, or factually incorrect outputs ("hallucinations")
AI Agent performance depends on the quality of the training data, prompt engineering, configurations, model selection, and external factors beyond our control.
We do not guarantee specific outcomes, business results, accuracy rates, performance metrics, or error rates.
Human oversight, review, and validation are necessary for critical decisions, sensitive use cases, and production environments.
AI-generated outputs should be reviewed, fact-checked, and validated by qualified professionals before use.
AI models may reflect biases present in training data and may not be suitable for all use cases.
AI outputs do not constitute professional advice and should not be relied upon without independent verification.
Third-party AI models are subject to the limitations and disclaimers of their providers.
You are solely responsible for:
Evaluating AI outputs for accuracy, appropriateness, and fitness for your use case
Implementing human oversight and review processes
Validating AI decisions before taking action based on them
Mitigating risks associated with AI limitations and errors
Testing and monitoring AI systems for bias, fairness, and safety
12.4 No Professional Advice
The Services do not offer any medical, legal, financial, tax, accounting, investment, or other professional advice and should not be interpreted as such.
AI outputs are for informational purposes only and do not constitute:
Medical diagnosis or treatment recommendations
Legal advice or opinions
Financial or investment advice
Tax or accounting guidance
Professional consultation in regulated fields
You should consult qualified professionals before making decisions based on AI-generated content, especially in regulated domains or for matters affecting health, legal rights, or financial interests.
12.5 Third-Party Services
We disclaim all warranties regarding third-party services, integrations, APIs, or content. Third-party services are provided "as is" and subject to their own terms and warranties (or lack thereof).
12.6 Internet and Network
We do not warrant that:
Internet connectivity will be available, reliable, and secure
Network performance will meet your requirements
Data transmissions will be free from interception or tampering
You are responsible for your internet connectivity and network security.
13. LIMITATION OF LIABILITY
13.1 LIABILITY CAP
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, OR YOUR USE OF THE PLATFORM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF:
THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR
FIVE THOUSAND INDIAN RUPEES (INR 5,000)
FOR FREE PLANS (INDIE DEVELOPER): Liability is limited to INR 5,000.
MULTIPLE CLAIMS DO NOT EXPAND THIS LIMIT. THIS LIABILITY CAP APPLIES IN THE AGGREGATE TO ALL CLAIMS, NOT PER INCIDENT.
13.2 EXCLUDED DAMAGES
IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, INCOME, OR BUSINESS OPPORTUNITIES
LOSS OF DATA, INFORMATION, OR CONTENT (except as covered in Section 7.6)
LOSS OF GOODWILL OR REPUTATION
COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
BUSINESS INTERRUPTION OR SYSTEM FAILURES
DAMAGES ARISING FROM THIRD-PARTY SERVICES, INTEGRATIONS, OR APIs
LOSSES RESULTING FROM AI AGENT OUTPUTS, DECISIONS, OR ERRORS
DAMAGES FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
DAMAGES FROM ERRORS, INACCURACIES, OR OMISSIONS IN AI-GENERATED CONTENT
DAMAGES FROM DELAYS, SERVICE INTERRUPTIONS, OR UNAVAILABILITY
DAMAGES FROM SECURITY BREACHES OR CYBERATTACKS
DAMAGES FROM YOUR RELIANCE ON AI OUTPUTS WITHOUT PROPER VALIDATION
THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13.3 Exceptions to Limitations
The limitations in Sections 13.1 and 13.2 do not apply to:
Your breach of intellectual property rights (Section 8)
Your violation of applicable laws or regulations
Your breach of confidentiality obligations (Section 15)
Gross negligence or willful misconduct by either party
Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Liabilities that cannot be limited or excluded by applicable law
Our indemnification obligations under Section 14.2 (Our Indemnification)
Your indemnification obligations under Section 14.1 (Your Indemnification)
Our obligations under Section 9 (Compliance) for Advanced Enterprise customers with executed compliance agreements
13.4 Allocation of Risk
The limitations of liability outlined in Section 13 represent the distribution of risk between the parties and are a fundamental part of the
agreement. The pricing of the Services takes these limitations into account, and the Services are available at their current prices without them.
13.5 Jurisdictional Variations
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, liability is limited to the maximum extent permitted by law.
If you are a consumer in a jurisdiction with mandatory consumer protection laws that prohibit these limitations, those laws will apply instead.
14. INDEMNIFICATION
14.1 Your Indemnification
You agree to indemnify, defend (at our option), and hold harmless elsai Foundry, its affiliates, subsidiaries, parent companies, officers, directors, employees, agents, contractors, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and legal costs) arising from or related to:
Your use or misuse of the Services
Your Customer Data, including any claims that Customer Data infringes or violates third-party rights
Your AI Agent activities, outputs, or decisions
Your violation of these Terms or any applicable laws or regulations
Your violation of any third-party rights, including intellectual property, privacy, publicity, or other proprietary rights
Your negligence, willful misconduct, or fraudulent acts
Unauthorized use of your account by third parties due to your failure to maintain account security
Claims by your end users or customers related to your use of the Services
Your breach of any representations or warranties in these Terms
Your failure to comply with data protection laws (DPDPA, GDPR, CCPA, etc.)
Your use of the Services in violation of AI regulations or ethical standards
Defense and Settlement: We will notify you of any indemnifiable claim and may assume control of the defense and settlement. You must not settle any claim without our prior written consent if the settlement imposes obligations on us or admits fault on our behalf.
14.2 Our Indemnification
We will indemnify, defend, and hold you harmless from third-party claims that the Platform, when used in compliance with these Terms, infringes or misappropriates a third party's valid patent, copyright, trademark, or trade secret enforceable in India, the United States, or the European Union, provided you:
Promptly notify us in writing of the claim within thirty (30) days of becoming aware
Grant us sole control of the defense, settlement, and any related negotiations
Cooperate fully with our defense efforts and provide reasonable assistance
Do not make any admissions of liability or enter settlements without our prior written consent
Remedies: If the Platform is, or we reasonably believe it may become, subject to an infringement claim, we may, at our option:
Procure the right for you to continue using the Platform
Replace or modify the Platform to make it non-infringing without materially reducing functionality
Terminate these Terms and refund pro-rated fees for the unused portion of your subscription
14.3 Exclusions from Our Indemnification
Our indemnification obligations in Section 14.2 do not apply to claims arising from:
Your modifications to the Platform or Documentation
Your combination of the Platform with other products, services, data, or content not provided by us
Your use of the Platform in violation of these Terms or in a manner not authorized by the documentation
Customer Data you provide or third-party content you access through the Platform
Third-party services, integrations, or APIs you enable
Your use of outdated or unsupported versions of the Platform after updates are made available
Compliance with your specific design instructions or requirements
Continued use of the Platform after we notify you of potential infringement and provide alternatives
14.4 Sole Remedy
This Section 14 states your sole and exclusive remedy and our entire liability for any intellectual property infringement claims.
14.5 Indemnification Procedures
Notification: The indemnified party must notify the indemnifying party in writing within thirty (30) days of becoming aware of an indemnifiable claim.
Cooperation: The indemnified party must provide reasonable cooperation, information, and assistance in the defense.
Control: The indemnifying party has sole control over the defense and settlement, but must not settle in a way that admits fault on behalf of the indemnified party or imposes obligations without consent.
Expenses: The indemnifying party will reimburse reasonable out-of-pocket expenses incurred by the indemnified party in cooperating with the defense.
15. CONFIDENTIALITY
15.1 Confidential Information
Each party (the "Disclosing Party") may disclose confidential, proprietary, or trade secret information to the other party (the "Receiving Party") in connection with these Terms.
"Confidential Information" includes:
For elsai Foundry: Source code, algorithms, software architecture, technical designs, security measures, business strategies, pricing models, customer lists, product roadmaps, unpublished features, and any information marked as confidential
For You: Customer Data, business strategies, financial information, user data, proprietary processes, and any information marked as confidential
Any information that would reasonably be considered confidential, given the nature and circumstances of disclosure
15.2 Protection Obligations
The Receiving Party agrees to:
Maintain Confidential Information in strict confidence using at least the same degree of care as for its own confidential information (but no less than reasonable care)
Use Confidential Information only for the purposes contemplated by these Terms.
Limit disclosure to employees, contractors, and agents with a legitimate need to know and who are bound by written confidentiality obligations at least as protective as these Terms.
Implement reasonable physical, technical, and administrative security measures to protect Confidential Information from unauthorized access, disclosure, or use.
Not reverse engineer, disassemble, or attempt to derive source code or algorithms from Confidential Information.
Promptly notify the Disclosing Party of any unauthorized disclosure or use of Confidential Information.
15.3 Exceptions
Confidentiality obligations do not apply to information that:
Is or becomes publicly available through no fault or breach of the Receiving Party
Was rightfully known to the Receiving Party before disclosure, as evidenced by written records
Is independently developed by the Receiving Party without use of or reference to the Confidential Information, as evidenced by written records
Is rightfully received from a third party without breach of confidentiality obligations
Is required to be disclosed by law, regulation, court order, subpoena, or government authority, provided the Receiving Party:
Provides prompt written notice to the Disclosing Party (where legally permitted)
Cooperates in efforts to obtain protective orders or limit disclosure
Discloses only the minimum information required
15.4 Return or Destruction
Upon termination of these Terms or at the Disclosing Party's written request, the Receiving Party must:
Promptly return or destroy (at Disclosing Party's option) all Confidential Information in any form
Certify in writing that all Confidential Information has been returned or destroyed
Retain no copies except as required by law or professional document retention policies
We may retain confidential information in backup systems until deletion as per normal backup rotation schedules, provided it remains subject to confidentiality obligations.
15.5 Duration
Confidentiality obligations survive termination of these Terms for:
Three (3) years for general Confidential Information
Five (5) years for source code, algorithms, and technical architecture
Indefinitely for trade secrets until such information ceases to qualify as a trade secret under applicable law
15.6 Equitable Relief
Due to the unique and valuable nature of Confidential Information, breach of this Section 15 may cause irreparable harm for which monetary damages are insufficient. The Disclosing Party is entitled to seek injunctive or equitable relief to prevent or remedy breaches, in addition to all other available remedies.
16. TERM AND TERMINATION
16.1 Term
These Terms commence on the date you first access or use the Platform (the "Effective Date") and continue until terminated as provided herein.
Your subscription term is specified in your Service Plan (monthly or annual) and renews automatically unless you terminate it.
16.2 Termination for Convenience by You
You may terminate your subscription at any time by:
Accessing your account settings and selecting "Cancel Subscription."
Contacting support at support@elsaifoundry.ai with a termination request
Providing written notice to our registered address
Effect of Termination:
Monthly Subscriptions: Termination takes effect at the end of the current billing cycle; no refunds for partial months
Annual Subscriptions: Termination takes effect at the end of the current annual term; no refunds for unused months except as provided in Section 5.8
Free Plans: Termination takes effect immediately
You remain responsible for all fees incurred through the end of the subscription period.
16.3 Termination for Cause
Either party may terminate these Terms immediately upon written notice if:
The other party materially breaches these Terms and fails to cure the breach within thirty (30) days of written notice specifying the breach
The other party becomes insolvent, files for bankruptcy, makes an assignment for the benefit of creditors, or ceases business operations.
Termination as per law, court order, or regulatory authority
The other party engages in fraud, gross negligence, or willful misconduct
Additional Termination Rights for Us:
We may terminate immediately if:
You violate the Acceptable Use Policy or usage restrictions in Section 6.2
You process prohibited data types without authorization (Section 7.8)
Your account is used for illegal activities or poses security risks to the Platform or other users
You fail to pay fees and remain delinquent for thirty (30) days after notice
You exceed usage limits repeatedly without upgrading
16.4 Suspension
We may suspend your access to the Services immediately without prior notice if:
Your account is past due on payments for fifteen (15) or more days
You violate these Terms, the Acceptable Use Policy, or applicable laws
Your use poses a security risk, creates liability, or threatens platform stability or other users' access
Required by law, government authority, court order, or to prevent fraud or criminal activity
We detect suspicious activity, unauthorized access, or compromised credentials
You exceed usage limits in a manner that impacts platform performance
Suspension Notice: We will attempt to provide advance notice and an opportunity to cure where commercially reasonable, except in cases involving security threats, legal requirements, or ongoing violations.
Reinstatement: We will reinstate the suspended accounts upon:
Payment of all outstanding fees and applicable reinstatement fees
Cure of the underlying violation
Provision of assurances that violations will not recur
Compliance with any additional requirements we reasonably impose
16.5 Effect of Termination
Upon termination or expiration of these Terms for any reason:
Your license to use the Platform terminates immediately
You must cease all access to and use of the Services and Documentation
All outstanding fees/charges become immediately due and payable
We will retain Customer Data for thirty (30) days to allow you to export and transition (the "Transition Period")
You may request data export during the Transition Period by contacting support
After the Transition Period (30 days), we will delete all customer data from the active systems
Within ninety (90) days, we will purge the backup systems as per normal backup rotation
You must return or destroy all Confidential Information in your possession (Section 15.4)
Your payment obligations for fees incurred before termination survive
No Refunds: Except as expressly provided in Section 5.8 (Refund Policy), termination does not entitle you to refunds of prepaid fees.
Advanced Enterprise: Extended data retention or transition assistance may be available under custom agreements.
16.6 Survival
The following provisions survive termination or expiration of these Terms:
Section 5 (Fees and Payment) - for obligations incurred before termination
Section 7 (Customer Data) - deletion obligations and data protection
Section 8 (Intellectual Property Rights)
Section 12 (Disclaimers)
Section 13 (Limitation of Liability)
Section 14 (Indemnification)
Section 15 (Confidentiality)
Section 18 (Dispute Resolution)
Section 19 (General Provisions)
Any other provisions that by their nature should survive
17. MODIFICATIONS TO TERMS
17.1 Right to Modify
We reserve the right to modify, amend, or update these Terms at any time to reflect:
Changes in applicable laws or regulatory requirements
New features or functionality
Security or operational improvements
Changes in business practices or pricing
Clarifications or corrections
17.2 Notice of Changes
We will communicate material changes to these Terms. via:
Email notification to your registered email address
Prominent notice on the Platform dashboard upon next login
In-app notification for material changes affecting your rights or obligations
Update of the "Last Updated" date at the top of these Terms
Posting of revised Terms at https://www.elsaifoundry.ai/terms
Material Changes include modifications to:
Pricing or payment terms
Core functionality or service availability
Data protection, privacy, or security practices
Liability limitations or indemnification obligations
Dispute resolution or governing law
Your rights to use the Services
17.3 Advance Notice Period
We will provide at least thirty (30) days' advance notice for material changes when commercially reasonable, except:
Changes required by law, regulation, or court order
Changes necessary to address security vulnerabilities
Changes that benefit you or expand your rights
Non-material clarifications or corrections
17.4 Acceptance of Changes
Continued use of the Services after the effective date of changes constitutes your acceptance of the modified Terms.
If you do not agree to the modifications:
You must discontinue use of the Services
You must terminate your account before the changes take effect
Termination before the effective date avoids the application of the new terms to your account
17.5 Version History
Previous versions of these Terms are available upon written request to legal@elsaifoundry.ai.
18. DISPUTE RESOLUTION
18.1 Governing law
These Terms shall be governed by and construed in accordance with the substantive laws of the Republic of India, without regard to conflict of law principles that would require application of the laws of another jurisdiction.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded and does not apply to these Terms.
18.2 Jurisdiction and Venue
Subject to Section 18.4 (Arbitration), the courts of Chennai, Tamil Nadu, India shall have exclusive jurisdiction over any disputes arising from or related to these Terms or the Services.
You irrevocably submit to the jurisdiction of such courts and waive any objections to venue or inconvenient forum.
18.3 Informal Resolution
Before initiating any formal dispute resolution proceeding, the parties agree to attempt to resolve disputes informally through good-faith negotiations.
Informal Resolution Process:
The party raising the dispute must send a written notice to the other party describing the dispute in detail, including relevant facts, legal claims, and the desired resolution
Send dispute notices to:
For elsai Foundry: legal@elsaifoundry.ai and registered address
For You: The email address and address associated with your account
Both parties commit to good-faith negotiations for thirty (30) days following receipt of the dispute notice
Senior representatives with the authority to resolve the dispute must participate
Discussions are confidential and subject to the settlement privilege
If the parties cannot resolve the dispute within thirty (30) days, either party may proceed to arbitration pursuant to Section 18.4.
18.4 Arbitration
If informal resolution fails, we will resolve disputes through binding arbitration rather than in court, except as provided in Section 18.5 (Exceptions to Arbitration).
Arbitration Rules:
Arbitration jurisdiction shall be in Chennai, India
Arbitration will proceed in the English language
Arbitration will be conducted under the Arbitration and Conciliation Act, 1996, as amended, and the rules of the Chennai Arbitration Centre or another mutually agreed-upon arbitration institution
The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties within fifteen (15) days of the arbitration demand
If the parties cannot agree on an arbitrator, the Chennai Arbitration Centre shall appoint the arbitrator
Arbitration Procedures:
Each party shall bear its own attorneys' fees and legal costs
The parties shall split arbitrator's fees and administrative costs equally, unless the arbitrator determines otherwise based on the outcome.
The arbitrator's decision shall be final and binding on both parties
Judgment on the arbitrator's award submitted in any court of competent jurisdiction
The arbitrator may award any relief available in court, including injunctive relief, specific performance, and damages
The arbitrator must provide a written decision with findings of fact and conclusions of law
Discovery: Discovery will be limited to avoid high cost and delay, as determined by the arbitrator.
Confidentiality: Arbitration proceedings, evidence, and awards are confidential except as required for enforcement or by law.
18.5 Exceptions to Arbitration
Either party may seek injunctive or equitable relief in court without first proceeding to arbitration for:
Intellectual property infringement or misappropriation (patents, copyrights, trademarks, trade secrets)
Breach of confidentiality obligations
Unauthorized access to systems, data, or accounts
Violations of the Computer Fraud and Abuse Act or similar laws
Violations requiring immediate relief to prevent irreparable harm
Enforcement of arbitration awards
Small Claims Court: Either party may bring an individual action in small claims court if the claim qualifies.
18.6 Class Action Waiver
YOU AND ELSAI FOUNDRY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING.
CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED.
If this class action waiver is found unenforceable for any claim, that claim must be severed and proceed in court (not arbitration), while all other claims proceed in arbitration.
18.7 Limitation on Time to File Claims
To the extent permitted by law, any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after the claim or cause of action arose. Otherwise, such a claim or cause of action is permanently barred.
18.8 Fees and Costs
Except as otherwise provided by applicable law or arbitrator award:
Each party is responsible for its own attorneys' fees and legal costs
In arbitration, parties equally split arbitrator fees unless the arbitrator determines otherwise
The prevailing party in court proceedings may be entitled to recover reasonable attorneys' fees and costs at the court's discretion
19. GENERAL PROVISIONS
19.1 Entire Agreement
These Terms, together with the following incorporated documents, constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, understandings, negotiations, representations, or communications (whether written or oral) concerning the subject matter hereof:
Privacy Policy (https://www.elsaifoundry.ai/privacy)
Acceptable Use Policy (https://www.elsaifoundry.ai/acceptable-use)
Pricing page and Service Plan specifications (https://www.elsaifoundry.ai/arms/pricing)
Data Processing Addendum (for Enterprise customers)
Business Associate Agreement (for HIPAA compliance)
Service Level Agreement (for Advanced Enterprise customers)
Any other written agreements signed by authorized representatives of both parties
In the event of conflict between these Terms and incorporated documents, the order of precedence is: (1) executed written agreements, (2) these Terms, (3) incorporated policies.
19.2 Amendments
No amendment, modification, or waiver of any provision of these Terms is valid or binding unless:
Made in writing and signed by authorized representatives of both parties; OR
Made pursuant to Section 17 (Modifications to Terms) by elsai Foundry
Any purported amendment not meeting these requirements is void and of no effect.
19.3 Assignment
By You: You may not assign, transfer, delegate, or sublicense these Terms or your rights and obligations hereunder without our prior written consent. Any attempted assignment in violation of this provision is void and of no effect.
By Us: We may assign these Terms, in whole or in part, without restriction to:
Any successor in interest in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets
Any affiliate or subsidiary
Any entity acquiring all or substantially all of our business related to the Services.
We will provide notice of assignment that materially affects your rights. An assignment does not relieve us of our obligations under these Terms.
Effect: These Terms bind and inure to the benefit of the parties' permitted successors and assigns.
19.4 Severability
If a court or arbitrator with competent jurisdiction finds any provision of these Terms to be invalid, illegal, or unenforceable under applicable law
, then that provision will not apply.
Modify the invalid provision to the minimum extent necessary to make it valid and enforceable, while preserving the parties' original intent.
If modification is not possible, the invalid provision stands severed from these Terms
All remaining provisions shall continue in full force and effect
The invalidity of any provision shall not affect the validity of any other provision
19.5 Waiver
Failure or delay by either party to enforce any provision of these Terms, or to exercise any right or remedy, does not constitute a waiver of that provision, right, or remedy.
No waiver shall be effective unless:
Made in writing and signed by the waiving party
Explicitly stating the waiving of the provision
A waiver of any breach does not constitute a waiver of any subsequent breach. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.
19.6 Force Majeure
Neither party is liable for delays or failures in performance due to causes beyond reasonable control, including but not limited to:
Acts of God, natural disasters, earthquakes, floods, fires, hurricanes, severe weather
Acts of war, terrorism, civil unrest, riots, embargoes, or government actions
Epidemics, pandemics, or public health emergencies
Labor disputes, strikes, or lockouts (excluding disputes with either party's own employees)
Internet, telecommunications, or utility failures not caused by the affected party
Third-party service outages affecting cloud providers, data centers, or critical infrastructure
Cyberattacks, distributed denial-of-service (DDoS) attacks, or other malicious activities targeting the Services or infrastructure
Government regulations, orders, or restrictions
Force Majeure Obligations:
The affected party must notify the other party promptly (within five business days of becoming aware)
The affected party must use commercially reasonable efforts to mitigate the impact and resume performance
Performance obligations are suspended only for the duration of the force majeure event
If force majeure continues for more than sixty (60) days, either party may terminate these Terms without penalty
Exclusions: Force majeure does not excuse payment obligations for services already rendered.
19.7 Independent Contractors
The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, franchise, agency, or similar relationship.
Neither party has authority to:
Bind the other party to any obligation
Make representations or warranties on behalf of the other party
Incur liabilities on behalf of the other party
Act as an agent for the other party
Each party is solely responsible for its own employees, contractors, taxes, benefits, and insurance.
19.8 No Third-Party Beneficiaries
These Terms are for the sole benefit of the parties and their permitted successors and assigns.
No third party, including end users, customers, contractors, or any other person or entity, has the right to enforce or benefit from these Terms. These Terms do not intend to benefit third parties.
Exception: Indemnified parties under Section 14 (Indemnification) may enforce indemnification rights.
19.9 Notices
All notices, requests, consents, and other communications required or permitted under these Terms must be in writing and sent to the addresses below:
For elsai Foundry:
O2V Private Limited
Attention: Legal Department
129B, East Coast Road
Thiruvanmiyur, Chennai - 600041, Tamil Nadu, India
Email: legal@elsaifoundry.ai
Support: support@elsaifoundry.ai
For You:
We maintain the email address and physical address associated with your account in our systems.
Notice Delivery: Notices are deemed received:
When delivered by hand: Upon receipt, acknowledgment
When sent by registered post: Three (3) business days after mailing
When sent by courier (FedEx, DHL): Upon delivery confirmation
When sent by email: When sent during business hours (9:00 AM - 6:00 PM IST on business days); otherwise, on the next business day
When confirmed by the recipient: Upon acknowledgment
Business Days: Monday through Friday, excluding Indian national holidays.
Address Changes: You must promptly update your contact information in your account settings. We will update our contact information on our website.
19.10 Export Compliance
You agree to comply with all applicable export control, sanctions, trade embargo, and import laws and regulations, including but not limited to:
US Export Administration Regulations (EAR)
US Department of the Treasury Office of Foreign Assets Control (OFAC) regulations
European Union export controls and sanctions
Indian export controls and regulations
United Nations sanctions programs
Restrictions on destinations, end users, and end uses
Your Representations: You represent and warrant that:
If your location is not in, under the control of, or a national or resident of any country subject to a comprehensive embargo (currently Cuba, Iran, North Korea, Syria, or the Crimea region)
You are not on any government restricted party list, including:
US Specially Designated Nationals (SDN) List
U.S. Denied Persons List
EU sanctions lists
Any similar list maintained by competent authorities
You will not use the Services for prohibited end uses, including development of weapons of mass destruction, nuclear technology, chemical/biological weapons, or missile technology
You will not export, re-export, or transfer the Services or technical data to restricted parties or destinations
You will comply with all export license requirements if applicable
Our Rights: We reserve the right to suspend or terminate access if required to comply with export controls or sanctions, or if we reasonably believe you violate export laws.
19.11 Government Use
If you are a government entity or using the Services for government purposes, the Services and Documentation constitute "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in:
US Federal Acquisition Regulation (FAR) 12.212
Defense Federal Acquisition Regulation Supplement (DFARS) 227.7202
Similar regulations in other jurisdictions
We provide the services only with the rights granted to all users under these Terms. No grant of additional rights to government users.
19.12 Language
These Terms are in English. We provide any translations for convenience only.
In the event of any discrepancy, conflict, or inconsistency between the English version and any translation, the English version shall prevail and control for all purposes.
19.13 Interpretation
Headings: Section headings and captions are for convenience only and do not affect interpretation.
Including: The term "including" means "including but not limited to" and is illustrative, not exhaustive.
Ambiguity: The drafting party shall not be responsible for any ambiguity.
Singular/Plural: Words in singular include plural and vice versa.
Days: References to "days" mean calendar days unless specified as "business days."
19.14 Electronic Signatures and Communications
You consent to electronic signatures, contracts, and communications for all purposes relating to these Terms and the Services. Electronic records satisfy legal requirements for writing.
You agree that electronically signed agreements, notices, and communications have the same legal effect as physically signed documents.
19.15 Publicity
You permit us to identify you as a customer on our website and in marketing materials. We may use your company name, logo, and brief description of your use case.
If you wish to opt out, notify us at support@elsaifoundry.ai per Section 3.6.
19.16 Equitable Remedies
You acknowledge that breach of these Terms (particularly Sections 6, 8, and 15) may cause irreparable harm to us for which monetary damages are inadequate.
We are entitled to seek injunctive relief, specific performance, or other equitable remedies without posting bond, in addition to all other available remedies at law or in equity.
19.17 Relationship to Other Agreements
If you have a separate written agreement signed by authorized representatives of both parties (Master Services Agreement, Enterprise Agreement, etc.), the terms of that agreement take precedence over these Terms in case of conflict.
These Terms apply to the extent not superseded by a separate written agreement.
20. CONTACT INFORMATION
For questions about these Terms or the Services, please get in touch with us at:
O2V Private Limited (doing business as elsai Foundry)
General Inquiries: info@elsaifoundry.ai
Support: support@elsaifoundry.ai
Legal: legal@elsaifoundry.ai
Privacy: privacy@elsaifoundry.ai
Security: security@elsaifoundry.ai
Compliance: compliance@elsaifoundry.ai
Billing: billing@elsaifoundry.ai
Registered Office:
129B, East Coast Road
Thiruvanmiyur, Chennai - 600041
Tamil Nadu, India
Website: https://www.elsaifoundry.ai
Documentation: https://docs.elsaifoundry.ai
Pricing: https://www.elsaifoundry.ai/arms/pricing
Status Page: https://status.elsaifoundry.ai
Support Channels: We provide support in accordance with your Service Plan. For support inquiries, please use the channels specified in your Service Plan or email support@elsaifoundry.ai.
21. ACKNOWLEDGMENT AND ACCEPTANCE
BY CLICKING "I ACCEPT," "I AGREE," OR ANY SIMILAR BUTTON OR CHECKBOX, BY REGISTERING FOR AN ACCOUNT, BY ACCESSING OR USING THE SERVICES, OR BY EXECUTING AN ORDER FORM REFERENCING THESE TERMS, YOU ACKNOWLEDGE THAT:
You have read and understood these Terms in their entirety
You agree to be bound by these Terms and all incorporated policies and documents
If acting on behalf of an Organization, you have the authority to bind that Organization to these Terms
You understand your obligations regarding Customer Data, compliance, and acceptable use
You acknowledge the limitations of liability and disclaimers of warranties
You consent to dispute resolution through arbitration in Chennai, India, under Indian law
You waive the right to participate in class actions or collective proceedings
You consent to electronic communications and notices
You have had the opportunity to seek legal advice regarding these Terms
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
Last Updated: March 4, 2026
Version: 2.0
Copyright © 2026 O2V Private Limited. All rights reserved.
elsai Foundry and ARMS are trademarks of O2V Private Limited.
SCHEDULE A: DATA PROCESSING ADDENDUM
Available for Enterprise and Advanced Enterprise customers upon request. Contact legal@elsaifoundry.ai
SCHEDULE B: BUSINESS ASSOCIATE AGREEMENT (HIPAA)
Available for Advanced Enterprise customers processing Protected Health Information. Contact compliance@elsaifoundry.ai
SCHEDULE C: SERVICE LEVEL AGREEMENT
Available for Advanced Enterprise customers. Contact sales@elsaifoundry.ai
SCHEDULE D: SUB-PROCESSOR LIST
Current list available at https://www.elsaifoundry.ai/subprocessors
SCHEDULE E: ACCEPTABLE USE POLICY
Available at https://www.elsaifoundry.ai/acceptable-use and incorporated by reference
