Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using any service, product, website, or platform provided by Gortix and its founders, officers, employees, contractors, and affiliates (collectively, "Gortix," "we," "us," or "our"), you ("User," "you," or "your") unconditionally agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional guidelines, rules, or policies we may publish from time to time (collectively, the "Agreement"). If you do not agree to all provisions of this Agreement, you must immediately cease using the Service.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into a binding agreement, and are not prohibited from using the Service under any applicable law.

3. Description of Service

Gortix provides an AI-powered website builder accessible via WhatsApp and web interfaces. The Service is provided "as is" and "as available" without any warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, uptime, accuracy, or reliability.

4. Free Plan — Advertisements

Websites created under free plans will display third-party advertisements. You acknowledge and agree that:

• Advertisements may be completely unrelated to your website's content, topic, industry, or audience.
• We have sole and absolute discretion over the type, placement, frequency, and content of all advertisements.
• We are not responsible for any damage to your reputation, brand, or business caused by advertisements displayed on your website.
• You may not remove, hide, obscure, or interfere with any advertisements placed on free-tier websites.
• Attempting to circumvent, block, or remove advertisements is a material breach of these Terms and grounds for immediate account termination.

5. Paid Plans & Non-Refundable Payments

ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE. By purchasing any paid plan, add-on, domain, or service, you acknowledge and agree to the following:

• Domains are non-refundable. Any domain name purchased, registered, transferred, or renewed through the Service is non-refundable under any circumstances, including but not limited to service cancellation, account termination, service discontinuation, or dissatisfaction.
• Subscription fees are non-refundable. Monthly, annual, or any other recurring subscription payments are non-refundable, even for partial billing periods.
• No refunds upon service shutdown. In the event that Gortix modifies, suspends, or permanently discontinues the Service (in whole or in part), you will not receive any refund, credit, pro-rata compensation, or other monetary remedy for any prepaid fees, regardless of the remaining subscription period.
• No refunds upon account termination. If your account is terminated by us for any reason, including violation of these Terms, you will not receive any refund.
• All fees are exclusive of applicable taxes, and you are responsible for all taxes associated with your use of the Service.

6. Data Loss & No Guarantee of Availability

YOU ACKNOWLEDGE AND ACCEPT THAT YOUR DATA, CONTENT, WEBSITES, AND ACCOUNT INFORMATION MAY BE PERMANENTLY LOST, CORRUPTED, DELETED, OR BECOME INACCESSIBLE AT ANY TIME WITHOUT PRIOR NOTICE.

• We do not guarantee any level of uptime, availability, or data persistence.
• We are not obligated to maintain backups, archives, or redundant copies of your data.
• We are not liable for any data loss, corruption, or inaccessibility, regardless of the cause.
• You are solely responsible for maintaining independent backups of all content you create or store through the Service.
• We may delete inactive accounts and all associated data without notice.

7. Service Discontinuation & Shutdown

We reserve the absolute and unconditional right to modify, suspend, or permanently shut down the Service at any time, without prior notice, without cause, and without any obligation to you. Upon shutdown:

• All websites, data, content, and accounts will be permanently deleted without any option for recovery.
• No refunds, credits, compensation, or damages of any kind will be provided.
• We have no obligation to provide advance notice, migration assistance, data export tools, or any transition period.
• You expressly waive any and all claims against Gortix arising from or related to service discontinuation.

8. Hosting Jurisdiction & Geographic Risks

Your websites, data, and content may be hosted, processed, transmitted, and stored on servers located in any country, region, or jurisdiction worldwide, at our sole discretion. You acknowledge and agree that:

• Your data may be hosted in jurisdictions where you do not have legal authorization to operate, store data, or conduct business.
• It is your sole responsibility to ensure that your use of the Service complies with all applicable local, national, and international laws and regulations.
• We are not responsible for any legal consequences arising from the jurisdiction in which your data is hosted or processed.
• We may change hosting locations at any time without notice.
• You assume all risks associated with cross-border data transfers and international hosting.

9. Prohibited Use & Immediate Termination

You shall not use the Service for any unlawful, illegal, fraudulent, harmful, or unauthorized purpose. Without limitation, you may not use the Service to:

• Violate any applicable local, state, national, or international law, regulation, or ordinance.
• Create websites that promote, facilitate, or are involved in illegal activities, fraud, scams, phishing, malware distribution, or money laundering.
• Distribute content that infringes on intellectual property rights, trademarks, copyrights, or trade secrets of any third party.
• Engage in harassment, defamation, hate speech, or threats of violence.
• Distribute or host sexually explicit, abusive, or exploitative content involving minors.
• Attempt to gain unauthorized access to the Service, other accounts, or related systems or networks.
• Circumvent, disable, or interfere with security features or advertisement systems.

We reserve the right to immediately and permanently terminate your account, delete all your data, and block your access without prior notice, without explanation, and without refund if we believe, in our sole discretion, that you have violated these Terms or are using the Service for any prohibited purpose. We are under no obligation to provide evidence, a hearing, or an appeals process.

10. Assumption of Risk & Personal Liability

YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK. You acknowledge and agree that:

• You are solely responsible for all content you create, publish, or distribute through the Service, including any legal consequences arising therefrom.
• You are personally liable for any claims, damages, losses, fines, penalties, or legal actions resulting from your use of the Service.
• You are responsible for ensuring that your use of the Service does not violate any laws in your jurisdiction or any jurisdiction where your content is accessible.
• Any reliance on the Service for business-critical operations is at your sole risk.
• You understand the risks inherent in using AI-generated content and accept full responsibility for reviewing and verifying all outputs.

11. Intellectual Property

All intellectual property rights in the Service, including but not limited to the Gortix name, logo, branding, software, code, AI models, design, and documentation, are and shall remain the exclusive property of Gortix. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. This license may be revoked at any time without notice.

We may use, reproduce, modify, and display content created through the Service for operational, promotional, and development purposes.

12. Indemnification

You agree to indemnify, defend, and hold harmless Gortix, its founders, officers, directors, employees, agents, contractors, partners, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Any content you create, publish, or distribute through the Service.
• Any claim by a third party related to your websites or content.
• Any damages resulting from advertisements displayed on your free-tier websites.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GORTIX, ITS FOUNDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (including but not limited to loss of profits, revenue, data, business opportunities, goodwill, or other intangible losses) arising out of or in connection with:

• Your use or inability to use the Service.
• Any data loss, corruption, breach, or unauthorized access.
• The content, quality, or nature of advertisements displayed on your websites.
• Service interruption, modification, or discontinuation.
• Any third-party actions, products, or services accessed through the Service.
• The hosting jurisdiction of your data or content.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR TEN US DOLLARS ($10.00), WHICHEVER IS LESS.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. We expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, reliability, availability, completeness, timeliness, and security. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or harmful components.

15. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms or the Service shall be resolved exclusively through binding arbitration conducted in accordance with applicable arbitration rules, at a location determined by Gortix. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

17. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and Gortix with respect to the Service. These Terms supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

18. Modifications to Terms

We reserve the right to modify these Terms at any time without prior notice. Changes are effective immediately upon posting. Continued use of the Service after any modification constitutes acceptance of the revised Terms. It is your sole responsibility to review these Terms periodically.

19. Contact

For questions regarding these Terms, contact us at legal@gortix.com.