WELCOME TO CONSUMA AI! PLEASE READ THIS TERMS OF USE AGREEMENT (THIS “AGREEMENT”) CAREFULLY. THIS AGREEMENT, INCLUDING ANY APPLICABLE SUPPLEMENTAL TERMS (AS DEFINED HEREIN) INCORPORATED HEREIN, IS A LEGAL CONTRACT BETWEEN YOU AND CONSUMA AI, A COMPANY INCORPORATED AND REGISTERED IN BANGALORE, INDIA (“CONSUMA AI,” “WE” OR “US”).

By accessing or using consuma.ai, or any other website (“Website”) or application with an authorized link to this Agreement (the “Platform”), registering an account or accessing or using any content, information, services, features or resources available or enabled via the Platform (collectively with the Platform, the “Services”), or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any minor, company, or other legal entity on whose behalf you use the Services.

THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS USER WHEN YOU USE THE SERVICES. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.

Your use of the Services may be subject to any additional terms, conditions, and policies (“Supplemental Terms”); we will separately post such Supplemental Terms on the Services or will present them to you for your acceptance when you sign up for a particular Service. Such Supplemental Terms may include, but are not limited to, specific terms related to different service tiers, subscription plans, or licensing options, which will be detailed in the applicable order form or service description. The Supplemental Terms applicable to you are incorporated by reference into this Agreement. To the extent there is any conflict between the terms set forth here and the Supplemental Terms, the Supplemental Terms will control with respect to the Services or feature to which the Supplemental Terms relate.

Consuma AI reserves the right to modify this Agreement, including the Supplemental Terms, or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitute your agreement to such changes.

HOW THE PLATFORM AND SERVICES WORK.

The Platform enables us to collect survey responses, videos, and other information from various sources, which information enables companies to conduct both quantitative and qualitative studies that are targeted to specific attributes and demographics.

Companies (each, a “Brand” and, collectively, the “Brands”) enter into a separate master services agreement with Consuma AI to gain access to the Platform. Brands then use the Platform to access the information and report results provided as well as analysis performed by us for market research, marketing, advertising, concept testing, and validation.

Our Services may also include access to artificial intelligence (AI) models that can generate text, images, code, or other content (“AI-Generated Content”) based on prompts or other input provided by you (“Input”).

USE OF THE SERVICES.

The Services, and any parts thereof, are protected by copyright laws throughout the world. Subject to this Agreement, Consuma AI grants you the limited right to access and use the features and functionality of the Services, as well as a limited license to reproduce portions of Services for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Consuma AI in a separate, written license, your right to use any part of the Services is subject to the Agreement.

Updates. You understand that the Services are evolving. You acknowledge and agree that Consuma AI may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services. We may also update this Agreement from time to time, and by your continued use of the Services, you agree to any such amendment.

Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services, including the Platform; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout, or form) of Consuma AI; (c) you shall not use any metatags or other “hidden text” using Consuma AI’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices, or other processes to scrape or download data from any web pages contained in the Platform; (f) you shall not access the Services in order to build a similar or competitive website, application, or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. (i) You shall not use the Services to generate content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of any third party; (j) You shall not use the Services in a manner that violates any applicable laws or regulations, including but not limited to those related to data privacy, intellectual property, and export control; (k) You shall not use the Services to develop, train, or improve a competing AI model or service without our express written consent. Any future release, update, or other addition to the Services shall be subject to the Agreement. Consuma AI, its suppliers, and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Service terminates the licenses granted by Consuma AI pursuant to the Agreement.

Third-Party Materials. As a part of the Services, you may have access to materials that are hosted by another party. You agree that it is impossible for Consuma AI to monitor such materials and that you access these materials at your own risk.

REGISTRATION

Registering as a User. You are required to become a User (as defined below) to use the Services and provide us with information. For purposes of the Agreement, a “User” is any person who uses Consuma AI’s Services on the Platform.

Registration Data. As a User, you agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”) and maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

OWNERSHIP OF INPUT AND AI-GENERATED CONTENT

Your Input. You retain all ownership rights in and to your Input. You grant Consuma AI a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, and process your Input solely for the purpose of providing and improving the Services to you.

AI-Generated Content. Subject to your compliance with this Agreement and any applicable Supplemental Terms, and to the extent permitted by applicable law, Consuma AI assigns to you all its right, title, and interest in and to the AI-Generated Content created by you through the Services. You acknowledge that due to the nature of machine learning, AI-Generated Content may not be unique across users and the Services may generate the same or similar output for Consuma AI or a third party. Consuma AI retains all rights, title, and interest in and to the underlying AI models, algorithms, and the Services themselves.

AI MODEL TRAINING AND INTELLECTUAL PROPERTY

Training Data. The AI models used within the Services have been trained on a diverse range of data, which may include publicly available information, licensed third-party data, and data created by Consuma AI. We do not use your Input or AI-Generated Content to train our general-purpose AI models that are made available to other users, unless we have obtained your explicit consent or such use is anonymized and aggregated such that it does not identify you or your confidential information.

Intellectual Property Indemnification. Consuma AI will defend you against any third-party claim, suit, or proceeding brought against you alleging that your authorized use of the Services (excluding your Input and any AI-Generated Content to the extent it is based on your infringing Input) infringes or misappropriates such third party’s intellectual property rights (“IP Claim”), and we will pay all damages, costs, and expenses (including reasonable attorneys' fees) finally awarded against you by a court of competent jurisdiction or agreed to in settlement, provided that you: (a) promptly notify Consuma AI in writing of the IP Claim; (b) grant Consuma AI sole control of the defense and settlement of the IP Claim; and (c) provide Consuma AI with all reasonable assistance, information, and authority to defend or settle the IP Claim. This indemnification obligation will not apply to the extent an IP Claim arises from: (i) your Input; (ii) your modification of the Services or AI-Generated Content; (iii) your combination of the Services or AI-Generated Content with other products, services, or data not provided by Consuma AI, if the IP Claim would have been avoided but for such combination; or (iv) your continued use of the allegedly infringing Service or AI-Generated Content after being notified of the alleged infringement or after being provided with a modified, non-infringing version by Consuma AI. If the Services become, or in Consuma AI’s opinion are likely to become, the subject of an IP Claim, Consuma AI may, at its option and expense: (1) procure for you the right to continue using the Services; (2) replace or modify the Services to be non-infringing; or (3) if options (1) or (2) are not commercially reasonable, terminate your right to use the Services and refund any prepaid, unused fees for the infringing Services.

SERVICE DISCONTINUATION AND CUSTOMER PROTECTION

In the event Consuma AI decides to permanently discontinue the Services, or a material part thereof, we will use commercially reasonable efforts to provide you with at least sixty (60) days' prior written notice. During this notice period, we will endeavor to provide you with an opportunity to export your Input and any AI-Generated Content you own, in a standard format, subject to technical feasibility and your compliance with this Agreement. This provision does not apply to discontinuation due to your breach of this Agreement, force majeure events, or legal requirements necessitating immediate cessation.

REGULATORY CONFORMANCE

Consuma AI is committed to complying with applicable laws and regulations relevant to the provision of its Services. We monitor developments in regulations, including but not limited to data protection laws such as the General Data Protection Regulation (GDPR) where applicable, and emerging AI-specific regulations like the principles underlying the EU AI Act. However, you are responsible for ensuring that your use of the Services, including your Input and the application of AI-Generated Content, complies with all laws and regulations applicable to you and your industry. Consuma AI makes no representation or warranty that the Services or AI-Generated Content will meet the requirements of any specific regulatory regime applicable to your particular use case, beyond its general compliance commitments.

GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of India, with exclusive jurisdiction vested in the courts of Bangalore, India.