Terms of Service

1. Definitions

"Platform" means the AI-powered architectural floor plan generation service at www.clairvyn.com and all related applications, APIs, tools, and services operated by Clairvyn Private Limited.

"User" or "you" means any person or entity that accesses or uses the Platform.

"Account" means a registered user profile on the Platform.

"Input" means any content, prompt, parameter, or instruction you submit through the Platform.

"Output" means content generated by the Platform in response to your Input.

"Data Opt-Out" means the status under which a User's Inputs, Outputs, and usage data are excluded from Partner Data shared with external organisations, as described in the Privacy Policy.

2. Eligibility and Acceptance

By using the Platform, you confirm that you have read and agree to these Terms and our Privacy Policy. These documents form the complete agreement between you and Clairvyn Private Limited. They supersede all prior representations, communications, and arrangements relating to the Platform.

By creating an Account, you represent that you are at least 18 years old, or that you are between 13 and 18 years old and have the consent of your parent or legal guardian, with that parent or guardian accepting these Terms on your behalf. You accept sole responsibility for the accuracy of this representation. We do not independently verify age.

If you are using the Platform on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms. If you do not have that authority, you are personally bound.

3. The Platform, AI Outputs, and Limitations

Read this section carefully. It defines the nature and limitations of the Platform and applies to every Output you receive.

3.1 AI-Generated Content

The Platform uses probabilistic AI models to generate Outputs in response to Inputs. AI generation is not deterministic. The same Input may produce different Outputs at different times, and Outputs may not be reproducible across separate generation requests. Output quality, accuracy, spatial validity, and regulatory compliance depend on the Input provided, the AI system's current state, and the inherent limitations of probabilistic AI generation. The Platform is under active development and its behaviour may change over time.

3.2 Nature of Outputs

Outputs are AI-generated conceptual design drafts. They are not professional architectural drawings, structural engineering documents, construction drawings, or certified professional deliverables of any kind under any applicable law or professional standard. Nothing the Platform produces constitutes architectural advice, structural engineering advice, construction advice, or professional advice of any nature. No use of the Platform creates a professional, advisory, or consulting relationship between you and Clairvyn.

3.3 No Regulatory Certification

Outputs are not reviewed, verified, or certified for compliance with building codes, municipal regulations, zoning laws, fire safety standards, structural safety standards, accessibility requirements, development control regulations, or any other law, regulation, or professional standard in any jurisdiction. Outputs may not comply with any such requirement. Responsibility for compliance rests entirely with you.

3.4 Required Steps Before Any Professional or Commercial Use

Before using any Output for any professional, commercial, construction, or regulatory purpose, you must obtain independent review and certification by all licensed professionals required by applicable law, including a licensed architect and licensed structural engineer; verify compliance with all applicable laws, codes, and regulations; and obtain all necessary permits, approvals, and authorisations. These are mandatory legal requirements, not recommendations.

3.5 Assumption of Risk and Liability Exclusion.

To the maximum extent permitted by applicable law, Clairvyn accepts no liability for any loss, damage, injury, death, regulatory penalty, third-party claim, or other consequence arising from or related to any use of or reliance on any Output. You use Outputs at your own risk. This exclusion applies regardless of the basis of any claim and regardless of whether Clairvyn was advised of the possibility of such loss.

4. Data Collection, AI Improvement, and the Data Opt-Out

We collect and use data from all Users as described in our Privacy Policy, including using Inputs and Outputs to develop and improve our AI systems. This applies to all plans.

The Data Opt-Out excludes a User's Inputs, Outputs, and usage data from Partner Data shared with external organisations. It does not affect our internal use of data for Platform and AI development. On eligible paid plans, the Data Opt-Out is active automatically from the date your subscription begins. No action is required. This is a built-in benefit of those plans. On all other plans, Inputs and Outputs are included in Partner Data sharing by default. Users on those plans may request a Data Opt-Out through Account settings or by contacting hello@clairvyn.com, and it will be applied within a reasonable period. All Users retain their full statutory privacy rights regardless of plan, as set out in the Privacy Policy.

5. Acceptable Use

5.1 General Prohibitions

You may not use the Platform:

• to generate content that violates applicable law, infringes third-party rights, or is fraudulent, deceptive, or harmful;
• to submit Inputs containing sensitive personal data of third parties, including health, biometric, religious, racial, or financial data, without the consent of those individuals;
• in any regulated professional context, including architecture, engineering, construction, or urban planning, without appropriate professional supervision and verification;
• to create or compile training datasets for AI systems that compete with the Platform;
• to reverse-engineer, extract, probe, or reconstruct the Platform's underlying AI models, weights, or proprietary algorithms, including through systematic prompting, adversarial inputs, or prompt injection techniques;
• using automated scripts, bots, crawlers, or scraping tools to access or extract Platform content or data, without our prior written consent;
• to circumvent, probe, or test the Platform's safety filters, content policies, or abuse prevention systems;
• to create multiple Accounts for the purpose of circumventing usage limits or any other Platform restriction;
• in violation of any applicable export control law or economic sanctions programme, including those administered by the Government of India, the United States Office of Foreign Assets Control, the European Union, or the United Nations Security Council; or
• in any way that damages, disrupts, overloads, or impairs the Platform or interferes with other Users' access.

5.2 Sanctions and Export Compliance

You represent that you are not located in, and will not use the Platform from, any country or territory subject to comprehensive economic sanctions. You represent that you are not a sanctioned person or entity under any applicable sanctions programme and are not acting on behalf of any such person or entity. We reserve the right to suspend or terminate access where we have reason to believe there may be a sanctions concern, without liability.

5.3 Misrepresentation of Outputs

You may not represent any Output as a certified architectural drawing, structural engineering document, construction specification, or certified professional deliverable of any kind. You must ensure that any third party who uses an Output understands it is an AI-generated conceptual draft that requires independent professional review before any professional or commercial use.

5.4 Your Account

You are responsible for maintaining the security and confidentiality of your Account credentials. You are responsible for all activity that occurs under your Account, whether authorised by you or not. You must notify us promptly at hello@clairvyn.com if you suspect any unauthorised use of your Account.

5.5 Accuracy of Information

You represent that information you submit during Account registration and otherwise in connection with the Platform is accurate and complete. We are not responsible for consequences arising from inaccurate information you provide.

6. Intellectual Property

6.1 Clairvyn's Rights

Clairvyn owns all rights in and to the Platform, including its AI models, algorithms, software, design, interface, and content created by Clairvyn. Nothing in these Terms transfers any such rights to you. You receive a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your personal, educational, or internal business purposes in accordance with these Terms. This licence terminates when your Account is closed or terminated.

6.2 Your Inputs

You retain ownership of your Inputs. By submitting an Input, you grant Clairvyn a worldwide, royalty-free, sublicensable licence, for as long as reasonably necessary to operate, improve, and provide the Platform, to process that Input to generate your Output, use it for Platform development and AI improvement, and where you are not subject to an active Data Opt-Out, include it in Partner Data as described in the Privacy Policy. This licence is subject to applicable law and your privacy rights, including the right to withdraw consent for Partner Data sharing. You represent that you own or have the right to submit all Inputs you provide.

6.3 Outputs

To the extent permitted by applicable law and subject to applicable intellectual property rules, you own the Output generated from your Input. However, Clairvyn does not represent that any Output is original, distinct from Outputs generated for other Users, or free from third-party intellectual property claims. AI-generated content may not be entitled to copyright protection in some jurisdictions. Clairvyn assigns to you any rights it may hold in an Output to the extent such assignment is legally permissible, but makes no warranty as to the intellectual property status of any Output. You are solely responsible for any IP clearance before commercial use.

Where you are not subject to an active Data Opt-Out, Clairvyn retains a licence to include Outputs in Partner Data. This does not affect your ownership of the Output itself.

6.4 Feedback

If you submit feedback, suggestions, or ideas about the Platform to us, you grant Clairvyn the right to use that feedback without restriction or compensation. We are not obligated to act on feedback.

7. Payments and Refunds

7.1 Billing

Paid plans are billed in advance for the selected period, monthly or annual, before access begins. Fees include applicable GST at the prevailing rate. Payment is in Indian Rupees or the currency displayed at checkout. Subscriptions renew automatically at the end of each period at the then-current rate unless cancelled before the renewal date. To cancel, use Account settings or email hello@clairvyn.com before the renewal date. Cancellation takes effect at the end of the current paid period.

7.2 Refunds

All fees paid for a commenced billing period are non-refundable, except in the following circumstances.

Duplicate charge: you are billed more than once for the same period due to a verified Platform or processor error. Contact us within a reasonable time of the charge.

Plan activation failure: your payment is processed but paid plan features are not activated due to a Platform error and you have not accessed any generation functionality during the period.

Verified fraudulent charge: your payment method is charged without your authorisation, confirmed by a formal dispute with your payment provider supported by evidence.

Prolonged unavailability: the Platform is substantially unavailable for a continuous period materially exceeding reasonable maintenance windows during a paid period, for reasons within our control and not attributable to force majeure or third-party infrastructure failure.

EU statutory withdrawal: users in the EU subscribing to a paid plan for the first time may exercise their statutory 14-day withdrawal right under applicable consumer law, provided they have not accessed the Platform's generation functionality and have not expressly requested immediate service commencement. We will inform EU Users of this right at the point of subscription and the effect of requesting immediate commencement.

To request a refund, email hello@clairvyn.com with subject line Refund Request, your registered email, transaction reference, and supporting information. We will review requests and respond within a reasonable time. Approved refunds are processed to the original payment method.

7.3 Payment Disputes

We encourage you to contact us before initiating a payment dispute or chargeback, so we can attempt to resolve the matter. We reserve the right to suspend Account access during the pendency of a payment dispute. Where a chargeback or dispute is determined to be fraudulent or made in bad faith, we reserve the right to recover reasonable costs and to terminate the Account.

8. Suspension and Termination

We may suspend or restrict access to your Account and the Platform where we reasonably believe you have breached these Terms, where your use poses a security or legal risk to the Platform or its Users, where required by law or court order, or where fraud or serious misrepresentation is involved. We will attempt to notify you where practicable before suspension, except where immediate action is necessary.

You may close your Account at any time by contacting hello@clairvyn.com. On closure, Platform access ends, billing stops at the end of the current paid period, and data handling continues as described in the Privacy Policy.

We reserve the right to modify, suspend, or discontinue the Platform or any feature at any time. Where we make material changes, we will provide reasonable notice. We are not liable to you for any modification, suspension, or discontinuation of the Platform.

9. Disclaimers

The Platform is provided "as is" and "as available." To the maximum extent permitted by applicable law, Clairvyn disclaims all warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement. We do not warrant that the Platform will operate without interruption or error, that Outputs will be accurate or suitable for any purpose, that the Platform will meet your specific requirements, or that any defect will be corrected.

10. Limitation of Liability

10.1 Cap on Liability

To the maximum extent permitted by applicable law, Clairvyn's total aggregate liability to you for all claims arising out of or relating to the Platform or these Terms, under any theory of liability, is limited to the greater of: (a) the total fees you paid to Clairvyn in the 12 calendar months before the event giving rise to the claim; or (b) INR 10,000. For Users on no-charge plans, the cap is INR 2,000.

10.2 Exclusion of Consequential Loss

To the maximum extent permitted by applicable law, Clairvyn is not liable for indirect, consequential, incidental, special, punitive, or exemplary damages of any kind, including loss of profits, revenue, business, contracts, anticipated savings, data, or goodwill; business interruption; personal injury, death, or property damage arising from use of or reliance on any Output; regulatory penalties arising from any Output; or any third-party claim arising from your use of an Output.

10.3 Statutory Preservation

Nothing in these Terms excludes or limits rights that cannot be excluded or limited under applicable law, including the Consumer Protection Act 2019 of India, the Information Technology Act 2000 of India, the DPDP Act 2023, the GDPR, or the CCPA/CPRA.

11. Indemnification

You agree to indemnify and hold harmless Clairvyn Private Limited, its directors, officers, employees, and agents from claims, losses, liabilities, damages, and expenses, including reasonable legal fees, arising from: your use of or reliance on any Output; your breach of these Terms; your violation of applicable law; your infringement of any third-party right; any third-party claim arising from your commercial or professional use of an Output without completing the professional verification steps described in Section 3.4; or any misrepresentation you make in connection with the Platform.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of India. For EU Users, mandatory consumer protection provisions of your member state apply to the extent they cannot be contractually excluded.

We encourage you to contact us at hello@clairvyn.com before initiating any formal proceeding. We will make reasonable efforts to resolve disputes informally.

If a dispute is not resolved informally within 30 days of written notice from either party, it will be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 of India, as amended. The arbitration will be conducted by a sole arbitrator. If the parties cannot agree on an arbitrator within 15 days of the referral, the arbitrator will be appointed in accordance with the rules of the Act. The seat and legal place of arbitration will be Chennai, Tamil Nadu, India. The language of the arbitration will be English. The arbitral award will be final and binding on both parties and may be enforced in any court of competent jurisdiction.

Notwithstanding the arbitration agreement, either party may seek urgent or interim injunctive or equitable relief from a court of competent jurisdiction at Chennai, Tamil Nadu, India, where necessary to prevent irreparable harm, without waiving the right to arbitrate the underlying dispute.

Nothing in this clause limits: EEA Data Subjects' right to complain to their GDPR supervisory authority; California Consumers' right to complain to the California Privacy Protection Agency; or Indian Data Principals' right to escalate to the Data Protection Board of India.

13. General

Severability: if any provision is found invalid or unenforceable, it is modified to the minimum extent necessary to make it enforceable, and the remaining provisions continue in full force.

Waiver: our failure to enforce any provision is not a waiver of that or any other provision.

No Relationship: nothing in these Terms creates any partnership, joint venture, employment, agency, or professional relationship between you and Clairvyn. Use of the Platform does not create any professional, architectural, engineering, or consulting relationship.

Assignment: we may assign these Terms in connection with a merger, acquisition, or restructuring. You may not assign these Terms without our written consent.

Force Majeure: we are not liable for failure to perform due to events beyond our reasonable control, including natural events, pandemic, government action, third-party infrastructure failure, power failure, or civil unrest. If such an event prevents Platform availability for an extended continuous period, we will work with affected paid Users on a reasonable basis.

Links and Third-Party Services: the Platform may contain links to or integrations with third-party services. We are not responsible for the content, policies, or practices of any third-party service.

Entire Agreement: these Terms and the Privacy Policy constitute the entire agreement between you and Clairvyn concerning the Platform and supersede all prior communications, representations, and arrangements.

14. Changes

We may update these Terms from time to time. We will notify registered Users of material changes before they take effect. Continued use after the effective date of a change constitutes acceptance. If you do not accept a change, close your Account before the effective date by contacting hello@clairvyn.com.