Terms of Service

• You must create an account to use most features. Sign-in and identity verification are handled through our authentication provider, Clerk.
• You are responsible for the accuracy of the information you provide and for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account. Notify us promptly of any unauthorized use at support@kogenie.com.
• You must be at least 18 years old and capable of forming a binding contract to use the Service.

• KOgenie offers a free plan and paid monthly subscription plans priced in Indian Rupees (INR). The current plans, prices, and included allowances are listed on our Pricing page.
• Each plan includes a monthly allowance of ad-generation credits. Credits refresh at the start of each billing cycle and do not roll over. Unused credits from one cycle are not carried into the next.
• Paid subscriptions renew automatically each billing cycle unless cancelled before the renewal date. Payments are processed by our payment provider, Razorpay; we do not store your full card or bank details.
• Fair use. Plans are intended for normal individual or business use. We may apply reasonable limits where usage patterns materially exceed the allowances or intended use of a plan (for example, automated or scripted generation designed to circumvent credit limits, or account sharing across multiple businesses). We will act in good faith and, where practicable, contact you before restricting an account.
• Price changes. We may change plan pricing with at least 30 days’ notice. Price changes take effect from your next billing cycle after the notice period; if you do not agree, you may cancel before the change takes effect.

• You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing cycle; you retain access to paid features, and any remaining credits, until then.
• Fees already paid are non-refundable, except where required by applicable law or where we, at our discretion, issue a refund (for example, for a verified billing error or duplicate charge).
• To request a refund for a billing error, contact us at support@kogenie.com within 30 days of the charge.
• Unused credits have no cash value and are not refundable, whether on cancellation, downgrade, or expiry of a billing cycle.

If a more detailed Refund & Cancellation Policy is published on the Service, it forms part of these Terms; in the event of a conflict, that policy prevails for refund and cancellation matters.

You agree not to use the Service to create, publish, or distribute content that:

• is unlawful, infringing, deceptive, defamatory, or otherwise violates the rights of others;
• violates the advertising policies of any platform to which you deploy creatives (including Meta);
• contains malware, or attempts to gain unauthorized access to, disrupt, reverse-engineer, or overload the Service;
• misrepresents your identity or your authority to advertise on behalf of a brand or business.

We may remove content or suspend accounts that violate this section, as described in Section 11 (Termination).

You agree to indemnify and hold harmless KOgenie, its directors, employees, and agents from and against any third-party claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or relating to: (a) your Inputs, including any claim that your Inputs infringe or misappropriate a third party’s rights; (b) creatives you publish or deploy, including violations of any advertising platform’s policies; (c) your breach of these Terms; or (d) your violation of applicable law. We will notify you of any such claim and may participate in the defence at our own expense.

The Service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, to the maximum extent permitted by law.

• AI-generated output may contain errors, inaccuracies, or content that requires editing. You are responsible for reviewing all creatives before publishing them.
• We do not warrant any particular advertising outcome, reach, or performance, which depends on factors outside our control such as audience, budget, creative quality, and third-party platform policies and algorithms.
• We do not warrant that the Service will be uninterrupted, error-free, or secure, although we work to keep it so.

• You may export your creatives from the Service at any time while your account is active.
• If your account is closed (by you or by us), we will make your creatives available for export for 30 days after closure, after which we may delete them.
• Personal data is retained and deleted in accordance with our Privacy Policy and applicable law, including the Digital Personal Data Protection Act, 2023.

• You may stop using the Service and cancel your subscription at any time, as described in Section 4.
• We may suspend or terminate your access if you materially breach these Terms, use the Service unlawfully, or where required to protect the Service or other users. Where practicable, we will provide notice and an opportunity to remedy the breach before termination.
• Provisions that by their nature should survive termination, including Sections 6 (Intellectual Property), 7 (Indemnification), 8 (Disclaimers), 9 (Limitation of Liability), and 13 (Governing Law), will continue to apply.

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, riots, labour disputes, governmental action, internet or utility failures, or failures of third-party providers (including hosting, authentication, payment, or advertising platforms).

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict-of-laws principles. Subject to any non-waivable rights you may have under applicable consumer protection law, the courts at New Delhi, India will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and notify you on-site or by email at least 15 days before the changes take effect, where practicable. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to a change, you may cancel your subscription before it takes effect.

• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
• Entire agreement. These Terms, together with the Privacy Policy and any policies referenced in them, constitute the entire agreement between you and KOgenie regarding the Service.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, with notice to you.
• No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.