Terms of Service

These Terms of Service (the "Terms") form a binding agreement between you (or the entity you represent — "Customer," "you") and illusionart AI Private Limited ("Saaya," "we," "us"), an Indian private limited company registered in Bengaluru, Karnataka. They govern your access to and use of the Saaya platform, the dashboard at app.saaya.ai, our APIs and SDKs, the documentation at saaya.ai/docs, and any services we provide alongside them (together, the "Service"). By creating an account, accepting an invitation, calling the API, or using the Service in any other way, you accept these Terms.

Saaya is an Indian startup initiative. The Service is built and operated from India and is governed by the laws of India. The Customer accepts that any use of the Service is on that footing.

Plain English: this is the contract. Use the Service and you agree to it.

1. Definitions

In these Terms, capitalised words have the meaning given here:

• Customer — the person or entity that has agreed to these Terms.
• User — any individual that the Customer authorises to access the Service (employees, contractors, workspace members).
• Service — the Saaya platform, dashboard, APIs, SDKs, and related services.
• Customer Data — content, prompts, knowledge-base documents, audio, video, transcripts, configuration, and any other data the Customer or its Users submit to or have processed by the Service.
• Output — text, audio, video, structured responses, and other content generated by the Service in response to a request initiated by the Customer or a User.
• Documentation — the technical and product documentation we publish at saaya.ai/docs.
• Sub-processor — a third party we engage to help deliver the Service, including the AI model, infrastructure, telephony, and observability vendors listed at /legal/subprocessors.
• AUP — the Acceptable Use Policy at /legal/aup, which forms part of these Terms.
• DPA — the Data Processing Agreement at /legal/dpa, which applies whenever we process Personal Data on the Customer's behalf.
• DPDP Act — the Digital Personal Data Protection Act, 2023 (India), and the rules and notifications issued under it.
• IT Act — the Information Technology Act, 2000, the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and any other rules issued under it.

2. The Service

Saaya is a real-time multimodal AI agent platform. It lets you compose, deploy, and observe voice, video, and chat agents that combine speech-to-text, large-language-model reasoning, retrieval over your knowledge bases, text-to-speech, and optional avatar rendering. The exact set of features available to you at any moment is documented in the dashboard and at saaya.ai/docs.

We may add, change, or remove features at any time. We will not, during a prepaid term, materially reduce the core functionality your plan promised when you paid for it.

3. Accounts & access

To use the Service you must be at least 18 years old, legally able to enter into a contract under the Indian Contract Act, 1872, and not barred from receiving the Service under any applicable Indian law. If you are using the Service on behalf of an organisation, you represent that you have authority to bind it to these Terms.

You are responsible for the accuracy of your account information, the security of your credentials, and all activity under your account. Workspace owners can invite, suspend, and revoke Users. Each User is bound by these Terms through the Customer's acceptance.

Notify us at info@illusionart.ai immediately if you suspect unauthorised access to your account.

4. Acceptable use

You agree to use the Service in compliance with our Acceptable Use Policy, which forms part of these Terms. The AUP prohibits, among other things:

• unlawful, fraudulent, or deceptive use under any applicable Indian law (including the IT Act, the Bharatiya Nyaya Sanhita, 2023, and the Consumer Protection Act, 2019);
• generating deepfakes or impersonations of real people without authorisation;
• harassment, threats, or content that targets a person or group;
• any sexually explicit content involving minors — zero tolerance, immediate termination, and reporting under the IT Act and the POCSO Act, 2012;
• spam, mass unsolicited messaging, or violation of TRAI's Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR);
• placing voice calls or sending messages without a lawful basis under the Telecommunications Act, 2023, the IT Act, or the DPDP Act;
• reverse-engineering, model extraction, scraping, or interfering with the Service's infrastructure;
• using the Service to develop a directly competing product or to train a model on Saaya Outputs.

We may suspend or terminate accounts that violate the AUP, that present a material risk to other customers, or where required by law or regulator.

5. Customer Data & Outputs

You retain all rights in Customer Data and, subject to applicable model-provider terms, in Outputs. You grant us a worldwide, non-exclusive, royalty-free licence to host, transmit, display, and process Customer Data and Outputs solely to provide and improve the Service for you, to support you, and to comply with our legal obligations under Indian law.

We do not train our own models on Customer Data. Where the Service routes Customer Data to a third-party model provider (see Section 6), we select providers that offer not-for-training terms by default and we honour any provider-side opt-outs documented in the dashboard.

You are responsible for ensuring you have the rights, consents (under the DPDP Act and otherwise), and lawful bases required to submit Customer Data and to deploy Outputs to your end users.

6. AI-specific terms

The Service is built on probabilistic models. By using it, you acknowledge:

1. Outputs may be inaccurate. Models can hallucinate, repeat training-data biases, omit relevant context, or produce content that is factually wrong, defamatory, or offensive. You are responsible for reviewing Outputs before relying on them, particularly in regulated industries (healthcare, finance, law, employment, public benefits, education) and any safety-critical use.
2. Outputs are probabilistic. We do not warrant that any specific Output will be accurate, complete, or fit for a specific purpose, and we do not guarantee that two identical inputs will produce identical Outputs.
3. You comply with applicable Indian law. This includes the DPDP Act, the IT Act and the rules under it, sectoral regulators (RBI for fintech, IRDAI for insurance, MoH&FW for healthcare, MeitY advisories on AI-generated content, etc.), and any disclosure obligations imposed by your regulator (for example, telling end users they are interacting with an AI agent where required).
4. No model training on your data. You will not use Outputs to train, fine-tune, or evaluate any model that competes with the Service. This does not restrict your use of Outputs in your business operations.

Plain English: AI agents make mistakes. You're the human in the loop. Don't use the Service for things that need a guaranteed-correct answer without your own review.

7. Third-party services

The Service integrates with model and infrastructure providers including OpenAI, Anthropic, Google, Sarvam, ElevenLabs, Deepgram, Cartesia, LiveKit, Twilio, Meta (WhatsApp), and the avatar providers listed in the dashboard. The current list is at /legal/subprocessors.

When you choose a provider for an agent, your prompts and the relevant Customer Data are sent to that provider so it can produce a response. Provider-side terms apply to that interaction; we pass them through where required and otherwise contract for terms that protect Customer Data. We do not control provider behaviour, availability, or output policy.

8. Intellectual property

We and our licensors retain all right, title, and interest in and to the Service, the Saaya brand, and the underlying software, models, prompts, documentation, and infrastructure. No rights are granted to you by implication, estoppel, or otherwise beyond the limited right to use the Service while your subscription is active and you are in compliance with these Terms.

If you give us feedback, suggestions, or feature requests, you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use them without restriction or compensation.

9. Fees, billing, and taxes

Paid plans are billed at the rates and frequency stated on /pricing or in your order form. Fees are non-refundable except where required by law. Invoices are denominated in INR unless your order form states otherwise. You are responsible for applicable taxes — including GST under the Central Goods and Services Tax Act, 2017 (and the corresponding state Acts) — other than taxes on our net income.

We may change prices on at least 30 days' notice; price changes take effect at the start of your next renewal term. Late payments accrue interest at the lower of 1.5% per month or the maximum rate permitted under Indian law, plus reasonable collection costs.

10. Term & termination

These Terms apply from your first use of the Service and continue until terminated. You may terminate your account at any time from the dashboard or by writing to info@illusionart.ai. Termination takes effect at the end of the then-current billing period unless you specify otherwise.

We may suspend or terminate your access immediately if (a) you materially breach these Terms or the AUP, (b) you fail to pay undisputed fees within 15 days of notice, (c) we are required to do so by Indian law or by an Indian regulator or court, or (d) your continued use poses a material security or integrity risk to the Service or to other customers.

On termination, your right to use the Service ends. You may export Customer Data through the dashboard for 30 days after termination. After that window, we will delete or return remaining Customer Data per the DPA, subject to retention obligations under the IT Act, the DPDP Act, the Companies Act, 2013, the Income Tax Act, 1961, the GST Act, and our backup-rotation schedule.

11. Suspension

We may suspend access to all or part of the Service without prior notice if required to address (a) a security incident, (b) a credible complaint of AUP violation, (c) a legal compulsion (including a direction under the IT Act or the CERT-In Directions, April 2022), or (d) an account that places undue load on shared infrastructure. We will restore access as soon as the cause is resolved, and we will notify you without undue delay of the suspension and the reason for it.

12. Confidentiality

Each party may receive non-public information from the other in connection with the Service ("Confidential Information"). The receiving party will use the same degree of care it uses for its own confidential information (and no less than reasonable care) to protect Confidential Information from disclosure and to use it only as needed to perform the agreement. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was already known without an obligation of confidence, or is independently developed.

13. Warranties & disclaimers

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that AI Outputs will be accurate, complete, or appropriate. Statutory rights of consumers under the Consumer Protection Act, 2019 are not affected.

14. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, however arising. Each party's aggregate liability for all claims arising out of or related to these Terms will not exceed the fees paid or payable by Customer to us in the twelve (12) months preceding the event giving rise to the claim, or INR 50,000 if no fees have been paid.

The limits in this section do not apply to (a) either party's breach of its confidentiality or intellectual-property obligations, (b) Customer's payment obligations, (c) Customer's indemnification obligations under Section 15, or (d) liability for fraud, gross negligence, or any liability that cannot be limited under applicable Indian law.

15. Indemnification

Customer. You will defend, indemnify, and hold us harmless from any third-party claim, damages, fines, or costs (including reasonable legal fees) arising out of (i) Customer Data, (ii) your or your Users' use of the Service in breach of these Terms, the AUP, or applicable law, (iii) your use of Outputs, or (iv) your interactions with end users.

Saaya. We will defend, indemnify, and hold you harmless from any third-party claim that your use of the Service in accordance with these Terms infringes a third party's intellectual-property right under Indian law. Our obligation does not apply to claims based on (a) Customer Data, (b) modifications you or a third party make to the Service, (c) combinations of the Service with non-Saaya products or data, or (d) your use of an Output that you knew or should have known was likely to infringe.

If a covered claim is made or appears likely, we may at our option (1) procure the right to continue using the affected portion of the Service, (2) modify or replace it to make it non-infringing, or (3) refund unused prepaid fees and terminate the affected portion of the Service.

16. Force majeure

Neither party is liable for failure or delay in performance caused by events outside its reasonable control, including acts of God, war, terrorism, civil unrest, strikes, government action, internet, telecommunications, or upstream-provider failures, and pandemics. Affected obligations are suspended for the duration of the event.

17. Governing law & disputes

These Terms are governed by, and shall be construed in accordance with, the laws of India, without regard to conflict-of-laws rules. Saaya is an Indian company and is accountable to the Government of India and to the relevant Indian regulators (including the Data Protection Board of India under the DPDP Act, the Ministry of Electronics and Information Technology under the IT Act, and CERT-In). Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka, India.

The parties may, by mutual written agreement, refer a specific dispute to arbitration under the Arbitration and Conciliation Act, 1996 (as amended), to be conducted by a sole arbitrator in Bengaluru, in English, with each party bearing its own costs unless the arbitrator determines otherwise.

Nothing in this section prevents either party from seeking interim or injunctive relief in any competent Indian court.

18. Modifications

We may update these Terms from time to time. Material changes will be announced through the dashboard, by email to your account contacts, or by posting a revised version with an updated effective date at least 15 days before the change takes effect. If you continue using the Service after a change takes effect, you accept the revised Terms. If you object, your sole remedy is to terminate the Service before the change takes effect.

19. General

1. Severability. If any provision is held unenforceable, the remainder remains in effect.
2. Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of substantially all of our assets, on notice to you.
3. No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
4. Notices to us. Send to info@illusionart.ai. Use the subject "[Legal notice]" for time-sensitive notices.
5. Notices to you. We may send notices to the email associated with your account or post them in the dashboard.
6. Entire agreement. These Terms, together with the AUP, the DPA, the Privacy Policy, and any order form, constitute the entire agreement between the parties on this subject.
7. Independent contractors. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.
8. Indian law applies. These Terms are read and interpreted under Indian law; any reference to a foreign statute or instrument is made for context only and creates no obligation on Saaya beyond what Indian law requires.

20. Contact

Questions about these Terms? Write to info@illusionart.ai. For legal notices, prefix the subject line with "[Legal notice]".

illusionart AI Private Limited Bengaluru, Karnataka, India