Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you," "your," "Client"), and Aigumind ("we," "us," "our," "Company"), concerning your access to and use of our website aigumind.com, mobile applications, third-party integrations, and our services, including E-Commerce platforms, Enterprise Software Applications, Data Analytics services, AI-based Automations and Solutions, Revenue Technology Integration (tools and services for optimizing financial transactions), and Graphics Designing and Branding services (collectively, the "Services").
By accessing the website or using our Services, you confirm you have read, understood, and agree to be bound by these Terms. If you do not agree, you are prohibited from using the Services and must discontinue use immediately.

1. INTELLECTUAL PROPERTY RIGHTS

• 1.1. Our Content

  Unless otherwise indicated, the Website and Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and the trademarks, service marks, and logos contained therein (the "Content") are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property laws.

• 1.2. Your Content
• Ownership:

  You retain all intellectual property rights in the data, information, logos, brand assets, and materials you upload, submit, or provide to us for the purpose of using our Services ("Client Content"). You are solely responsible for your Client Content and warrant it complies with Applicable Data Protection Laws (e.g., GDPR, CCPA) and that you have obtained necessary consents for Personal Data. Client Content used for AI training will be anonymized unless otherwise agreed.

  License Grant:

  By providing Client Content, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display that Client Content solely to provide, promote, and improve the Services for you.

• 1.3. Deliverables & Work Product
• Graphics & Branding Projects:

  Upon your full payment of all fees, we assign to you all rights, title, and interest in the final designed deliverables (e.g., logo, brochure, website design) created specifically for you ("Final Art"). We retain the rights to all preliminary work, concepts, and source files not presented as the final deliverable. We reserve the right to display the Final Art in our portfolio and marketing materials.

  AI & Analytics Output:

  The results, reports, and automated workflows generated by our AI and Data Analytics services ("Output") are licensed to you. We grant you a perpetual, worldwide, non-exclusive license to use the Output for your internal business purposes. The underlying algorithms, software, and platform remain our intellectual property.

  Enterprise Applications:

  If we provide you with software, it is licensed, not sold. We grant you a limited, non-exclusive, non-transferable, revocable license to use the enterprise application per your specific service agreement. Enterprise Applications may include open-source components, licensed under their respective terms, available upon request.

  Payment Data:

  If we provide you with client applications, they are licensed, not sold. We grant you a limited, non-exclusive, non-transferable, revocable license to use the client applications per your specific service agreement.

2. USER REPRESENTATIONS

You represent and warrant that:

• You have the legal capacity to agree to these Terms.
• You will not use the Services for any illegal or unauthorized purpose.
• Your use of the Services will not violate any applicable law or regulation.
• Your Client Content does not and will not infringe on any third party’s intellectual property rights or violate any laws, including Applicable Data Protection Laws.
• You will not upload viruses or malicious code or interfere with the security or functionality of the Services.

3. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make them available. Prohibited activities include, but are not limited to:

• Unauthorized framing or linking to the Website.
• Deciphering, decompiling, disassembling, or reverse engineering any of the software.
• Using any automated system (e.g., bots, scrapers) to access the Services.
• Uploading material that is libelous, harassing, obscene, or otherwise objectionable.
• Misusing our support services or submitting false reports.
• Using AI Outputs or analytics data to harm others, violate privacy, or engage in discriminatory practices.

4. SERVICES, FEES, AND PAYMENT

• 4.1. Orders:

  You agree to provide accurate and complete information for all purchases and orders made via the Services.

• 4.2. Fees and Payment:

  You agree to pay all fees and charges at the then-current prices. Payments are processed via secure third-party payment platforms compliant with PCI DSS standards, in accordance with their terms and privacy policies. You authorize us to charge your chosen payment method for all applicable fees. Sales tax may be added as required by law. We may update our payment methods; details will be provided at checkout.

• 4.3. Subscription & Renewal

  Some Services may be offered on a subscription basis. Your subscription will automatically renew at the end of each period until cancelled. You must cancel subscriptions at least 3 days before renewal to avoid charges, through your account settings or by contacting us.

• 4.4. Refund Policy

  Due to the digital and custom nature of our Services, refunds are handled on a case-by-case basis. Refunds for subscriptions are available within 7 days of initial purchase. No refunds are provided for custom design or development work after project milestones are approved.

• 4.5. Payment Processing

  All payments are processed securely by third-party payment platforms acting as Merchants of Record, subject to their terms and privacy policies.

• 4.1. Orders:

  You agree to provide accurate and complete information for all purchases and orders made via the Services.

5. CANCELLATION AND TERMINATION

You can cancel your account at any time by contacting us. Upon termination, we will handle Personal Data per the Data Processing Addendum (Section 8). We reserve the right to deny service, suspend, or terminate your account and access to the Services at our sole discretion, with notice if feasible, except for egregious violations (e.g., fraud).

6. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time without notice. For Enterprise Applications, service availability is subject to SLAs in your specific agreement. We are not liable for any loss, delay, or interruption in service due to factors beyond our reasonable control (force majeure).

7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

• 7.1. "As Is" Basis

  Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. AI Outputs are provided as-is; accuracy depends on input data quality. We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

• 7.2. Limitation of Liability

  In no event shall Aigu mind, its directors, employees, or agents be liable to you or any third party for any indirect, consequential, incidental, special, or punitive damages, including lost profit, lost data, or business interruption, arising from your use of the Services, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising out of or relating to these Terms or the Services shall not exceed the amount you have paid to us in the last six (6) months, unless prohibited by law (e.g., for gross negligence).

8. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your Client Content; (2) your use of the Services; (3) your breach of these Terms; (4) any breach of your representations and warranties; and (5) your violation of the rights of a third party. We will indemnify you for losses arising from our breach of the Data Processing Addendum, subject to Agreement limits.

9. MISCELLANEOUS

• 9.1. Entire Agreement

  These Terms, along with our Privacy Policy and Data Processing Addendum (which governs Personal Data processing), constitute the entire agreement between you and us regarding the Services.

• 9.2. Severability

  If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

• 9.3. No Waiver

  Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

10. CONTACT INFORMATION

For any questions or concerns regarding these Terms, please contact us at:
Aigu mind Suite #7, C 158/1Block 9 Gulshan e Iqbal, Karachi
info@aigumind.com
+923390098541