Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Spiketech Enterprise Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at C30, C Block, Sector 63, Noida, Gautam Buddha Nagar, Uttar Pradesh, India 201301 ("SpikeCore AI," "Company," "we," "us," or "our").

By creating an account, accessing, or using the SpikeCore AI platform and related services (collectively, the "Services"), you agree to be bound by these Terms, our Privacy Policy, and any additional terms or policies referenced herein. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

SpikeCore AI is an AI-powered tender response platform that helps organizations prepare compliant, evidence-supported responses to Government, PSU, and Private Sector Requests for Proposals (RFPs). The Services include: document ingestion and intelligent parsing (including optional AI-powered visual analysis); knowledge base management with semantic search; AI-assisted response generation with citation and compliance tracking; team collaboration tools; project and deadline management; and subscription-based access tiers with credit-based usage metering.

3. Account Registration and Security

To use the Services, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

You must be at least 18 years of age to create an account. If you are accepting these Terms on behalf of an organization, the organization must be a legally constituted entity. We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

4. Subscription Plans and Payments

4.1 Plans and Credits

The Services are offered under multiple subscription tiers (including free and paid plans) as described on our pricing page. Paid plans include a monthly allocation of AI processing credits. Additional credits may be purchased separately. Feature availability varies by plan tier and may be updated from time to time.

4.2 Billing and Payment Processing

Payments are processed through Razorpay (for users in India) and PayPal (for international users). By subscribing to a paid plan, you authorize recurring charges at the applicable rate. All amounts are listed exclusive of applicable taxes (including GST for Indian users) unless otherwise stated. Taxes will be added at checkout as required by law.

4.3 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to paid features until the end of your current billing period. Unused credits do not carry over after cancellation and are non-refundable. Refund requests for exceptional circumstances may be submitted within 7 days of the charge and will be reviewed on a case-by-case basis.

5. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not: upload or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable; upload malware, viruses, or other malicious code; attempt to gain unauthorized access to the Services, other users' accounts, or our systems; use the Services to generate fraudulent, misleading, or intentionally non-compliant tender responses; reverse-engineer, decompile, or disassemble any part of the Services; use automated tools (bots, scrapers) to access the Services beyond the provided API; resell, sublicense, or redistribute access to the Services without our written consent; or circumvent usage limits, credit metering, or security measures.

We reserve the right to investigate and take appropriate action, including suspension or termination of your account, if we determine that you have violated this section.

6. Intellectual Property

6.1 Your Content

You retain all ownership rights in the documents, data, and content you upload to the Services ("Your Content"). By uploading Your Content, you grant us a limited, non-exclusive, worldwide license to store, process, and analyze Your Content solely for the purpose of providing the Services to you. This license terminates when you delete Your Content or close your account.

6.2 AI-Generated Outputs

Content generated by the AI features of the Services ("AI Outputs") is provided to you for your use in preparing tender responses and other business purposes. To the extent permitted by applicable law, you may use AI Outputs in your submissions. However, you acknowledge that: AI Outputs are generated using third-party AI models and may contain inaccuracies; similar AI Outputs may be generated for other users based on different inputs; and you are solely responsible for reviewing, verifying, and validating AI Outputs before use.

6.3 Our Intellectual Property

The Services, including the platform, software, user interface, algorithms, documentation, branding, logos, and all related intellectual property, are owned by Spiketech Enterprise Private Limited and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or branding without prior written consent.

7. AI-Generated Content Disclaimer

The Services use artificial intelligence to assist in generating tender responses, analyzing documents, and providing suggestions. You expressly acknowledge and agree that: AI-generated content is provided "as-is" and as a drafting aid only; AI Outputs may contain errors, omissions, hallucinations, or inaccuracies; you must independently verify all facts, figures, compliance claims, and legal references in AI Outputs before relying on them; the Company is not responsible for any loss, liability, or damage arising from reliance on AI-generated content; and AI Outputs do not constitute legal, financial, or professional advice.

You are solely responsible for the final content of any tender responses, proposals, or submissions you prepare using the Services. We strongly recommend that all AI-generated content be reviewed by qualified domain experts before submission.

8. Data Protection and Confidentiality

We take the protection of your data seriously. Our data handling practices are described in our Privacy Policy, which forms an integral part of these Terms.

We maintain organizational and technical security measures to protect Your Content from unauthorized access, disclosure, or destruction. Your documents are logically isolated by organization — users in one organization cannot access another organization's documents or knowledge base. However, you acknowledge that the Services involve transmission of data to third-party AI providers for processing as described in our Privacy Policy.

9. Service Availability and Modifications

We strive to maintain high availability of the Services but do not guarantee uninterrupted or error-free operation. The Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We reserve the right to modify, update, or discontinue features of the Services at any time, with reasonable notice for material changes that affect your use.

Third-party AI service providers (Anthropic, OpenAI) may impose rate limits, change their APIs, or experience outages that affect the availability of AI-powered features. We will make commercially reasonable efforts to minimize disruption but are not liable for third-party service interruptions.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPIKETECH ENTERPRISE PRIVATE LIMITED, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR INR 10,000 (RUPEES TEN THOUSAND), WHICHEVER IS GREATER.

Without limiting the foregoing, we shall not be liable for: any loss arising from your reliance on AI-generated content; any unsuccessful tender or bid submission; any failure to meet compliance requirements in your jurisdiction; or any damages resulting from unauthorized access to your account due to your failure to maintain security of your credentials.

11. Indemnification

You agree to indemnify, defend, and hold harmless Spiketech Enterprise Private Limited and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to: your violation of these Terms; your use of the Services; Your Content, including any claim that Your Content infringes the intellectual property rights of a third party; any tender responses or submissions you create using the Services; or your violation of any applicable law or regulation.

12. Termination

You may terminate your account at any time by contacting us or through your account settings. We may suspend or terminate your access to the Services immediately, without prior notice, if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or if required by law.

Upon termination: your right to access the Services ceases immediately; we will retain Your Content for a reasonable period (up to 30 days) to allow you to export your data, after which it will be permanently deleted; any outstanding payment obligations survive termination; and provisions of these Terms that by their nature should survive (including Sections 6, 7, 10, 11, and 14) will continue in full force.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. The Indian Information Technology Act, 2000 (as amended), the Digital Personal Data Protection Act, 2023, the Indian Contract Act, 1872, and the Consumer Protection Act, 2019 shall apply to the extent relevant.

13.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved amicably through good-faith negotiation within 30 days. If the dispute is not resolved through negotiation, it shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator, in English, with the seat of arbitration in Noida/New Delhi, India. The arbitral award shall be final and binding.

13.3 Jurisdiction

Subject to the arbitration clause above, the courts of competent jurisdiction in Gautam Buddha Nagar (Noida), Uttar Pradesh, India shall have exclusive jurisdiction over any proceedings arising out of these Terms.

13.4 International Users

If you are accessing the Services from outside India, you acknowledge that these Terms are governed by Indian law. However, nothing in these Terms limits any consumer protection rights that apply to you under the mandatory laws of your country of residence that cannot be waived by contract.

14. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure. Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government actions, internet outages, or third-party service failures.

Notices. Notices to you will be sent to the email address associated with your account. Notices to us should be sent to the contact information below.

15. Contact