General Terms and Conditions for the Use of Finn Software and Marketplace

a. AIforge Tech Private Limited, registered under CIN U62099RJ2025PTC099494, with its registered address at D-253, Kardhani Govindpura, Kalwar Road, Jaipur, Rajasthan – 302012, India ("Finn").

b. Finn operates a platform that enables customers of Finn AI ("Users") to deploy AI agents ("Agents") for automating customer interactions ("Software") and offers the Software and the services specified on hirefinn.ai as a subscription ("Subscription").

c. These general terms and conditions ("GTC") govern the business relationship between Finn and the User.

d. Finn provides its services exclusively to business entities (entrepreneurs/corporations) and not to individual consumers.

e. Deviating, opposing or supplementary general terms and conditions of Users shall only become integral components of the contractual relationship if Finn agrees to their validity in text form.

a. Finn provides the Software to the User as software-as-a-service ("SaaS"), meaning that the Software is operated by Finn in a managed cloud-hosted environment and accessed by the User via hirefinn.ai.

b. To access the Software and additional services, the User must create an account on the Website by registering online with an email address and choosing a password. By registering, the User agrees to these GTC.

a. Finn offers the following plan structures:

i. Direct Use: Software for the User's own operations; ii. Reselling: Software for reselling to End Customers under Finn's branding; iii. White Labeling: Software for reselling under the User's own branding and look-and-feel.

b. Subscriptions operate on base tiers (Starter, Pro, Growth, Enterprise) and carry monthly usage limits ("Usage Limit") billed dynamically (per minute). Unused minutes do not roll over. Excess usage incurs additional fees per the Plan.

a. Subscription Plans and fees on hirefinn.ai are an invitation to offer (invitatio ad offerendum).

b. The User submits a binding offer by selecting a Plan, providing billing details, and payment information.

c. Finn confirms receipt (and acceptance, if applicable) by email; the Agreement is concluded upon receipt of such acceptance.

d. All processing and communications occur automatically via email; the User must ensure their email address is correct and can receive messages.

a. Applies if the Subscription includes Direct Use.

b. Finn grants the User a non-exclusive, non-transferable, non-sublicensable license to use the Software as specified in the Plan.

c. The User is responsible for all actions taken by their registered Authorized Users (employees/team members).

d. The User may not alter or remove any of Finn’s copyright, logo, trademark, or proprietary notices.

a. General: Finn provides a Marketplace where Creators can list Templates and Acquirers can use them.

b. Creator Obligations: Creators ensure legality and quality of their content; Finn may review or remove Templates at its discretion.

c. Template Acquisition: Submission constitutes an offer; Acquirers accept by agreeing to Creator terms and fees.

d. Intellectual Property: Creators retain rights in their content; Finn retains rights in the Software and functionalities.

e. Disclaimers and Indemnification: Finn disclaims warranties; Creators and Acquirers indemnify Finn against third-party claims.

f. Payment: Template Fees are paid directly to Creators via an independent provider; Finn may charge Marketplace Fees.

g. Reporting: Users may report unlawful content to support@hirefinn.ai; Finn investigates and acts promptly.

a. Input: All data, content, or materials provided by Users or End Customers.

b. Output: All data or materials generated by the Software.

c. The User is responsible for the legality and rights to Input.

d. AI Hallucination & Verbal Liability: The User acknowledges that AI models can be unpredictable. The User assumes full and sole liability for all communications (verbal, written, or digital) executed by their Agents. All Agent outputs are legally deemed to be communications made directly by the User.

e. Finn is not liable for inaccurate information, unauthorized advice (e.g., medical or financial), or unscripted dialogue generated by the Agent during live interactions.

f. Finn has no obligation to review Input/Output. Retention and deletion of Input/Output are governed by the User's configured retention settings and the Data Processing Agreement (default 90 days), not deleted earlier at Finn's discretion.

g. The User indemnifies Finn against claims arising from Input or Output use, except for Finn's gross negligence.

a. Regulatory Compliance: The User must comply with all regional and industry-specific regulations regarding telemarketing, data privacy, and communications (e.g., TRAI in India, TCPA/HIPAA/FDCPA in the US, GDPR).

b. Prohibited Conduct: The User is strictly prohibited from unauthorized sharing, infringing content, malware, security interference, reverse engineering, and circumvention of Usage Limits. The User is strictly prohibited from using the Software for fraudulent calls, robocalling violations, cyberbullying, harassment, or providing unauthorized medical, legal, or financial advice.

c. Complaint Resolution: The User is 100% responsible for resolving third-party complaints (e.g., spam, harassment). Finn will forward complaints and may suspend accounts pending resolution.

d. Account Security: The User must protect account credentials, use MFA, and administer Authorized Users and End Customers responsibly. Immediately deactivate or secure compromised accounts upon notice.

e. Breaches threatening Software security may lead to suspension or termination.

f. User-to-Authorized User and End Customer agreements must be at least as strict as these GTC.

a. The User agrees to pay Subscription Fees and usage-based overages (per minute) as outlined in their Plan.

b. Payment methods include credit card or third-party providers (their terms apply).

c. Late payment (5 days overdue) allows Finn to suspend or terminate services after notice.

d. All fees exclude taxes; the User is responsible for applicable Taxes.

e. Finn may adjust fees with three months' notice; the User may object, in which case the Agreement ends at term's end.

f. Dispute Window: Any billing disputes or requests for refunds/credits must be submitted in writing within 7 days of the invoice date. Failure to dispute within this window constitutes full acceptance of the charges.

a. Trial subscriptions are free for the period specified in the Plan.

b. Trials convert automatically to paid subscriptions unless terminated before expiry.

c. Upgrades take effect immediately; downgrades apply from the next Renewal Term, with fee adjustments.

a. Applies if the Subscription includes Reselling.

b. To resell, the User enters into End Customer Agreements in its own name and for its own account; End Customers have no contract with Finn.

c. The User must impose identical obligations on End Customers as under these GTC.

d. The User is liable for End Customers' statutory or contractual breaches as if its own.

e. Finn grants a non-exclusive, non-transferable right to resell per the Plan; subaccounts count toward the User's Usage Limit.

f. The User sets End Customer pricing and is not granted exclusivity.

g. Reselling must use Finn's brand.

h. The User bears all representations, warranties, marketing, and support responsibilities toward End Customers.

i. The User must not use Finn's trademarks or logos without prior written consent.

a. Applies if the Subscription includes White Labeling, supplementing the Direct Use License.

b. Finn grants a non-exclusive, non-transferable right to White Label per the Plan.

c. The User customizes the Software's appearance as specified.

d. The User sets End Customer pricing under its own brand.

a. Finn warrants the Software's functionalities as specified in the Plan.

b. All other warranties are disclaimed to the fullest extent permitted by law.

c. No-fault warranty liability is excluded.

d. Finn aims for 24/7 availability, excluding planned downtime and force-majeure events.

e. Finn may introduce updates, upgrades, and new features to improve the Software.

a. Finn may enable use of third-party products ("Third Party Applications") per the Plan.

b. Finn provides API keys under its agreements; applicable Third Party Terms apply to Users.

c. In conflicts, these GTC prevail.

d. Finn does not warrant or support non-listed Third Party Applications.

a. "IP Rights" covers all trademarks, patents, copyrights, designs, trade secrets, and related rights worldwide.

b. Finn retains all rights in the Software, services, and documentation.

c. The User grants Finn a non-exclusive, non-transferable right to use Input for service provision.

d. Finn does not use User Input or Output to train, retrain, or fine-tune any AI model; such data is processed solely to provide the service, as set out in the Data Processing Agreement.

e. Unless agreed otherwise, Users own their Input and Output.

f. Third Party Application providers retain their IP Rights.

g. Feedback is freely exploitable by Finn without compensation.

a. "Confidential Information" is any marked or inherently confidential material disclosed by either party.

b. Parties use Confidential Information only to perform the Agreement.

c. Disclosure to third parties requires confidentiality obligations.

d. Receiving parties must destroy or delete all Confidential Information upon Agreement termination, except as legally required.

e. Obligations survive for three years post-termination.

a. To the extent Finn processes personal data on the User's behalf in providing the Services, that processing is governed by the Finn Data Processing Agreement ("DPA"), published at hirefinn.ai/dpa, which is hereby incorporated into and forms an integral part of this Agreement.

b. The DPA includes the Standard Contractual Clauses (governed by the law of Ireland) and, where applicable, the UK International Data Transfer Addendum, which apply where personal data is transferred outside the EEA, the United Kingdom, or Switzerland.

c. By entering into this Agreement, the User and Finn agree to the DPA, including those Clauses, without the need for a separate signature. A countersigned copy of the DPA is available on request at support@hirefinn.ai.

a. Indemnification: The User shall indemnify, defend, and hold Finn harmless against third-party claims, and any resulting losses, damages, and reasonable costs, arising from the User's use of the Services in violation of applicable law or this Agreement — including violations of telemarketing, robocall, or consent laws, the User's Input or audience data, data breaches caused by the User, or claims of harassment. This indemnity covers third-party claims and does not extend to penalties imposed on Finn for Finn's own conduct.

b. Limitation of Liability: Finn's total aggregate liability arising out of or in connection with this Agreement is limited to the Subscription Fees paid by the User in the three (3) months preceding the event giving rise to the claim. Nothing in this Agreement limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for fraud, wilful misconduct, or gross negligence.

c. All other liability is excluded except mandatory statutory liability (e.g., personal injury).

a. The Agreement's Initial Term is as specified in the Plan; it renews automatically for Renewal Terms.

b. Either party may terminate with three months' notice.

c. Termination for cause is possible on 30 days' notice for uncured material breaches or immediately for insolvency.

d. Finn may terminate without notice for the User's data protection or Indemnification obligations breaches.

e. Trials may be ended at any time before expiry without notice.

a. Finn may amend the GTC for legal, security, or product-development reasons.

b. Users receive at least two weeks' notice and may object within two weeks; silence equals acceptance.

a. Neither party may assign the Agreement without the other's consent.

b. The Agreement is governed by the laws of India, excluding conflict-of-law rules and the CISG.

c. Exclusive jurisdiction for disputes is Jaipur.

d. For inquiries under the Digital Services Act, contact support@hirefinn.ai.

e. Legal inquiries can be directed to support@hirefinn.ai.