Terms of Service.

1.1.The Services are available solely to persons who are at least eighteen (18) years of age and who possess the legal capacity to enter into a binding contract under applicable law.

1.2.Where you access the Services on behalf of an entity, you represent and warrant that you are duly authorised to bind such entity to these Terms, and references to “you” shall be construed accordingly.

1.3.You represent and warrant that your use of the Services shall not violate any applicable law, regulation, or third-party right, and that you are not located in, or a resident of, any jurisdiction subject to comprehensive sanctions or trade restrictions that would render your use of the Services unlawful.

2.1.Createlixir provides an AI-powered software creation platform that assists users with planning, architecture, development, debugging, deployment, monitoring, and related functions, together with such additional features and capabilities as Createlixir may make available from time to time.

2.2.The Services are provided as a managed cloud-based offering. Createlixir reserves the right, at its sole discretion, to add, modify, suspend, or discontinue any feature, functionality, integration, or component of the Services, in whole or in part, with or without notice.

2.3.Certain features may be designated as beta, preview, experimental, or early-access. Such features are provided “as is”, may be modified or withdrawn at any time, and shall not be relied upon for production use.

3.1.To access certain features of the Services, you may be required to register for an account. You shall provide accurate, current, and complete information during registration and shall promptly update such information to maintain its accuracy.

3.2.You are solely responsible for safeguarding your account credentials, including any password, access token, or API key, and for all activity that occurs under your account, whether or not authorised by you.

3.3.You shall promptly notify Createlixir of any actual or suspected unauthorised access, security breach, or compromise of your account at support@createlixir.com. Createlixir shall not be liable for any loss or damage arising from your failure to comply with this Section.

3.4.Createlixir may, in its sole discretion, refuse registration, suspend, or terminate any account that it determines, in good faith, to be in violation of these Terms or applicable law.

4.1.You shall not use, and shall not permit any third party to use, the Services to:

1. violate any applicable law, regulation, or third-party right, including intellectual property, privacy, publicity, contractual, or proprietary rights;
2. generate, transmit, store, or distribute any content that is unlawful, defamatory, obscene, fraudulent, threatening, harassing, or otherwise objectionable;
3. interfere with, disrupt, degrade, or attempt to gain unauthorised access to the Services, related systems, or networks, including by means of any virus, malware, denial-of-service attack, scraping, crawling, or automated means not expressly authorised by Createlixir;
4. reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying models, or trade secrets of the Services, except to the extent such restriction is prohibited by applicable law;
5. resell, sublicense, rent, lease, time-share, or otherwise commercially exploit the Services without the prior written consent of Createlixir;
6. use the Services to develop, train, or improve any product or service that competes with Createlixir; or
7. circumvent any usage limit, access control, billing mechanism, or technical restriction imposed by Createlixir.

4.2.Createlixir reserves the right, but shall have no obligation, to investigate any suspected violation of this Section and to take such action as it deems appropriate, including the suspension or termination of access and the disclosure of information to law enforcement authorities.

5.1.The Services, including all software, source code, models, algorithms, interfaces, designs, text, graphics, trademarks, service marks, logos, and related materials, are owned by Createlixir or its licensors and are protected by intellectual property and proprietary rights laws.

5.2.Subject to your continued compliance with these Terms, Createlixir hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services solely for your internal business or personal purposes during the term of these Terms.

5.3.No right, title, or interest in or to the Services is granted to you except for the limited licence expressly set forth herein. All rights not expressly granted are reserved by Createlixir.

5.4.Any feedback, suggestions, ideas, or recommendations provided by you in respect of the Services may be used by Createlixir without restriction, attribution, or compensation, and you hereby assign all right, title, and interest in such feedback to Createlixir.

6.1.You retain all right, title, and interest in and to the content that you submit, upload, generate, or transmit through the Services (“User Content”), subject to the licence granted herein.

6.2.You hereby grant Createlixir a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, process, transmit, display, modify, and create derivative works of your User Content solely to the extent necessary to provide, maintain, secure, and improve the Services, to comply with applicable law, and to enforce these Terms.

6.3.You represent and warrant that you possess all rights, licences, consents, and permissions necessary to grant the licence set forth in this Section, and that your User Content does not infringe, misappropriate, or violate the rights of any third party or any applicable law.

6.4.Createlixir does not claim ownership of User Content and shall not use User Content for purposes unrelated to the operation of the Services without your consent, except where required by applicable law.

7.1.The Services may interoperate with, link to, or rely upon third-party services, integrations, platforms, or content that are not owned or controlled by Createlixir (“Third-Party Services”).

7.2.Createlixir makes no representation or warranty with respect to any Third-Party Service. Your use of any Third-Party Service is governed by the terms and policies of the relevant third party, and you shall be solely responsible for complying therewith.

7.3.Createlixir shall not be liable for any act, omission, defect, interruption, modification, or termination of any Third-Party Service, or for any loss or damage arising therefrom.

8.1.Certain features of the Services may be made available on a paid basis pursuant to subscription plans, usage-based pricing, or such other commercial models as Createlixir may publish from time to time (“Fees”).

8.2.You shall pay all applicable Fees in the manner and on the schedule specified at the time of purchase. All Fees are stated exclusive of taxes, duties, and similar governmental levies, which shall be borne by you.

8.3.Unless otherwise specified, subscriptions shall renew automatically for successive terms of equal duration at the then-prevailing rate, until cancelled by you in accordance with the procedures made available by Createlixir.

8.4.Except as expressly required by applicable law or as set forth in a separate written agreement, all Fees are non-refundable, and no refund shall be issued for partial subscription periods, unused capacity, or downgrades.

8.5.Createlixir reserves the right to modify Fees, pricing structures, and plan inclusions at any time, with prospective effect upon notice through the Services or by other reasonable means.

8.6.In the event of any failure to pay Fees when due, Createlixir may, without prejudice to its other rights and remedies, suspend or terminate your access to the Services and charge interest on overdue amounts at the maximum rate permitted by applicable law.

9.1.The Services are provided on an “as is” and “as available” basis. Createlixir does not warrant that the Services shall be uninterrupted, timely, secure, error-free, or free from loss, corruption, attack, virus, or interference.

9.2.Createlixir may, from time to time and without prior notice, perform scheduled or emergency maintenance, apply updates, or implement modifications that may result in temporary unavailability of the Services.

9.3.To the maximum extent permitted by applicable law, Createlixir hereby disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and quiet enjoyment.

9.4.No advice or information, whether oral or written, obtained by you from Createlixir or through the Services shall create any warranty not expressly stated in these Terms.

10.1.To the maximum extent permitted by applicable law, in no event shall Createlixir, its affiliates, officers, directors, employees, contractors, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, business opportunity, data, goodwill, or other intangible losses, arising out of or in connection with these Terms or your use of, or inability to use, the Services, whether based on contract, tort, statute, or any other legal theory, and whether or not Createlixir has been advised of the possibility of such damages.

10.2.To the maximum extent permitted by applicable law, the aggregate liability of Createlixir arising out of or in connection with these Terms shall not exceed the greater of (a) the amounts actually paid by you to Createlixir for the Services during the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred United States dollars (USD 100), or its equivalent.

10.3.The limitations set forth in this Section shall apply notwithstanding the failure of any limited remedy of its essential purpose, and shall survive termination of these Terms.

11.1.You hereby agree to indemnify, defend, and hold harmless Createlixir, its affiliates, officers, directors, employees, contractors, agents, and licensors from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

1. your access to or use of the Services;
2. your User Content;
3. your breach of these Terms or any representation, warranty, or covenant made by you herein;
4. your violation of any applicable law or regulation; and
5. your infringement, misappropriation, or violation of any third-party right.

11.2.Createlixir reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Createlixir in asserting any available defences.

12.1.These Terms shall commence on the date of your first access to the Services and shall continue in effect until terminated in accordance with this Section.

12.2.Createlixir may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including, without limitation, any breach or suspected breach of these Terms, non-payment of Fees, risk to the security or integrity of the Services, or as required by applicable law, with or without notice and without liability to you.

12.3.You may terminate these Terms at any time by ceasing all use of the Services and, where applicable, cancelling your subscription and closing your account in accordance with the procedures made available by Createlixir.

12.4.Upon termination of these Terms for any reason:

1. all rights and licences granted to you shall immediately cease;
2. you shall promptly discontinue use of the Services;
3. Createlixir may, but shall not be obligated to, delete or render inaccessible any User Content associated with your account; and
4. all provisions that by their nature should survive termination, including provisions relating to intellectual property, indemnification, limitation of liability, governing law, and dispute resolution, shall survive.

13.1.Createlixir reserves the right to modify, amend, or update these Terms at any time, at its sole discretion, to reflect changes in the Services, business practices, applicable law, or regulatory guidance.

13.2.Material modifications shall be communicated by reasonable means, including by posting a revised version on the Createlixir website with an updated “Last Updated” date, or, where appropriate, by direct notice to registered users.

13.3.Your continued use of the Services following the effective date of any modified Terms shall constitute your acceptance thereof. If you do not agree with the modified Terms, you shall discontinue use of the Services.

14.1.These Terms, and any dispute, claim, or matter arising out of or in connection with these Terms or the Services, shall be governed by, and construed in accordance with, the laws of the Republic of India, without regard to its conflict of laws principles.

14.2.The courts of competent jurisdiction located in India shall have exclusive jurisdiction over any such dispute, subject to any binding alternative dispute resolution mechanism agreed between the parties in writing.

14.3.The provisions of the Information Technology Act, 2000, the Indian Contract Act, 1872, the Consumer Protection Act, 2019, and the Digital Personal Data Protection Act, 2023, in each case as amended from time to time, shall apply to the extent relevant.

15.1.These Terms, together with the Privacy Policy and any supplementary terms, order forms, data processing addenda, or service-specific notices referenced herein or made available by Createlixir, constitute the entire agreement between you and Createlixir with respect to the subject matter hereof.

15.2.These Terms supersede all prior or contemporaneous understandings, communications, representations, or agreements, whether oral or written, between you and Createlixir relating to the Services.

15.3.No waiver of any provision of these Terms shall be effective unless made in writing by Createlixir. The failure of Createlixir to enforce any right or provision shall not constitute a waiver of such right or provision.

16.1.If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

16.2.The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to render it valid, legal, and enforceable, while giving effect to the original intent of the parties.

For any questions, notices, or requests relating to these Terms, please contact: