Terms of Service

1. Acceptance of Terms

1.1 Agreement

By accessing our website at empathiqtechnologies.com, using our AI kiosk systems, or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services. Continued use of the services constitutes ongoing acceptance of these Terms.

1.2 Parties

These Terms constitute a binding agreement between:

• "You" – the individual or entity accessing or using our services
• "EmpathIQ," "we," "us," or "our" – EmpathIQ Technologies Private Limited

1.3 Authority

If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

2.1 What We Provide

EmpathIQ Technologies Private Limited provides enterprise-grade conversational AI systems, including:

• AI Kiosk Systems: Interactive digital human kiosks powered by high-fidelity digital human avatars (including Unreal Engine–based MetaHuman technology where applicable) for customer service, information delivery, and engagement
• Managed AI Services: Deployment, configuration, and maintenance of AI systems
• Integration Services: Custom integration with existing business systems
• Support Services: Technical support and system optimization

2.2 Service Characteristics

Our AI kiosk systems feature:

• Real-time speech recognition and natural language processing
• Multilingual support (English and Hindi, with additional Indic languages planned)
• Text-to-speech with lip-synchronized avatar visualization
• On-premises voice processing for privacy and reliability
• Customizable knowledge bases and response behaviors

Features may vary based on deployment configuration and service tier.

3. Service Categories and Applicable Terms

3.1 For End Users (Kiosk Interactions)

If you interact with an EmpathIQ kiosk at a business location:

• The kiosk is operated by the business at that location, not by EmpathIQ directly
• Your interaction is also governed by that business's terms and privacy policies
• These Terms govern our technology and systems
• Section 5 (Acceptable Use) applies to your interactions

3.2 For Business Clients (Enterprise Services)

If you are a business client deploying our systems:

• These Terms apply along with your Master Service Agreement or Order Form
• In case of conflict, your signed agreement takes precedence
• Sections 6-12 contain important provisions regarding warranties, liability, and indemnification

3.3 For Website Visitors

If you are visiting our website:

• Section 4 (Website Use) and Section 5 (Acceptable Use) apply
• Our Privacy Policy governs data collection on the website

4. Website Use

4.1 Website Access

We grant you a limited, non-exclusive, non-transferable license to access and use our website for informational purposes and legitimate business inquiries.

4.2 Intellectual Property

All content on our website, including text, graphics, logos, images, videos, and software, is owned by or licensed to EmpathIQ and protected by intellectual property laws. You may not:

• Copy, modify, or distribute website content without permission
• Use our trademarks, logos, or branding without written authorization
• Remove any copyright or proprietary notices

4.3 User Submissions

If you submit inquiries, feedback, or other content through our website:

• You grant us permission to use such content for business purposes
• You represent that your submission does not violate any third-party rights
• We are not obligated to maintain confidentiality of submissions unless under a separate NDA
• User submissions do not create any obligation to provide services or enter into a commercial relationship

5. Acceptable Use

5.1 General Conduct

When using our services (including kiosk interactions), you agree NOT to:

• Use the services for any unlawful purpose
• Attempt to gain unauthorized access to systems or data
• Interfere with or disrupt the operation of our systems
• Transmit harmful code, malware, or viruses
• Harass, abuse, or harm others through our systems
• Use our services to collect information about others without consent
• Attempt to reverse engineer, decompile, or extract source code
• Use automated tools to access our systems without permission

5.2 Kiosk-Specific Conduct

When interacting with EmpathIQ kiosks, you agree to:

• Use the kiosk for its intended purpose
• Treat the equipment with reasonable care
• Not attempt to access restricted system functions
• Not block or interfere with other users' access
• Follow any posted rules at the kiosk location

5.3 Content Restrictions

You may not input or request content that is:

• Illegal, harmful, threatening, or harassing
• Defamatory, obscene, or invasive of privacy
• Infringing on intellectual property rights
• Designed to harm or exploit minors
• Spam, phishing, or deceptive in nature

5.4 Consequences of Violation

Violations may result in:

• Termination of access to our services
• Notification to law enforcement if applicable
• Legal action to recover damages

Enforcement actions may be taken at the discretion of EmpathIQ or the deploying business.

5.5 No Guarantee Against Misuse

EmpathIQ does not guarantee prevention of all misuse, malicious input, or inappropriate interactions by end users. The deploying business is responsible for monitoring kiosk usage and implementing operational safeguards appropriate to their environment.

6. Enterprise Service Terms

This section applies to business clients with service agreements.

6.1 Service Levels

Pilot / Proof-of-Concept Deployments

During pilot, proof-of-concept, or evaluation phases, services are provided on a commercially reasonable best-effort basis without uptime or response-time guarantees. Performance metrics may be monitored for evaluation purposes only. Monitoring of performance metrics does not constitute a service level commitment.

Production Deployments

Service levels, availability targets, and support response times will be defined in the applicable Order Form or Master Service Agreement. SLAs may vary by deployment model, hardware configuration, and service tier.

Pilot, proof-of-concept, and evaluation deployments may be governed by a separate Proof-of-Concept (POC) Addendum.

6.2 Client Responsibilities

Business clients agree to:

• Provide accurate information for system configuration
• Maintain appropriate network and power infrastructure
• Ensure physical security of deployed equipment
• Comply with applicable laws in operating the kiosk
• Update knowledge bases and content as needed
• Notify us promptly of technical issues
• Maintain current contact information

6.3 Configuration and Customization

• We will configure systems according to agreed specifications
• Custom development work is subject to separate statements of work
• You own your custom content and knowledge base data
• We retain ownership of underlying technology and platforms

6.4 Training

Initial training on system operation is included with deployment. Additional training is available at standard rates.

6.5 Security Configuration

Security features such as disk encryption, access controls, network isolation, and logging are provided as part of the EmpathIQ platform. Final security posture depends on deployment configuration and operational controls implemented by the business client.

7. Physical Security and Tamper Detection

7.1 Physical Security Responsibility

EmpathIQ kiosk systems are deployed in physical environments controlled by the business client. The business client is solely responsible for:

• Physical security of the kiosk, mini PC, peripherals, and networking equipment
• Preventing unauthorized physical access, tampering, or theft
• Ensuring kiosks are installed in secure locations with appropriate supervision

This includes ensuring kiosk enclosures are not opened except by authorized personnel.

EmpathIQ shall not be responsible for data exposure, service disruption, or system compromise resulting from unauthorized physical access, tampering, theft, or damage to kiosk hardware.

7.2 Tamper-Evident Mechanisms

EmpathIQ kiosk systems include physical tamper-evident mechanisms, such as security seals or stickers, designed to provide visible indication of unauthorized access to internal components.

These mechanisms are intended to detect and signal physical access attempts, not to prevent access.

The business client is responsible for:

• Ensuring tamper-evident seals remain intact during normal operation
• Monitoring kiosks for signs of tampering or unauthorized access
• Taking appropriate action if a tamper-evident seal is broken or compromised

EmpathIQ shall not be responsible for security incidents, data exposure, or service disruptions resulting from physical access, tampering, or interference with kiosk hardware, including where tamper-evident mechanisms have been removed, bypassed, or damaged.

Tamper-evident indicators may be combined with software-level security controls, logging, and alerts depending on deployment configuration.

7.3 System Integrity

EmpathIQ is not responsible for compromises arising from:

• Operating system modifications by the client
• Installation of unauthorized software
• Disabled security controls
• Use of default or weak credentials

7.4 Environmental Factors

EmpathIQ is not responsible for service degradation caused by environmental factors such as heat, dust, vibration, or improper ventilation at the deployment location.

8. Fees and Payment

8.1 Pricing

Service fees are set forth in your Order Form or quote. Pricing may include:

• Hardware costs (one-time or lease)
• Software licensing fees (subscription)
• Implementation and setup fees
• Monthly managed service fees
• Support and maintenance fees

8.2 Payment Terms

Unless otherwise specified:

• Invoices are due within 30 days of invoice date
• Hardware payments may be required prior to shipment
• Subscription fees are billed monthly or annually in advance
• All fees are non-refundable except as stated in your agreement

8.3 Taxes

Fees are exclusive of applicable taxes. You are responsible for all taxes except for taxes based on our net income.

8.4 Late Payments

Late payments may be subject to:

• Interest at 1.5% per month or the maximum rate permitted by applicable law, whichever is lower
• Suspension of services after 30 days past due
• Collection costs and reasonable attorney fees

9. Intellectual Property

9.1 EmpathIQ Technology

EmpathIQ retains all right, title, and interest in and to:

• The EmpathIQ platform, software, firmware, AI models, algorithms, and orchestration systems
• Speech recognition, natural language processing, and text-to-speech technologies
• Prompting logic, response generation workflows, embeddings, and retrieval pipelines
• Digital human avatars, animations, and rendering systems
• Kiosk hardware designs, reference architectures, and system configurations
• Documentation, training materials, and operational processes
• All updates, enhancements, modifications, and derivative works of the foregoing

Except for the limited license expressly granted under these Terms, no rights are transferred to the client.

9.2 Client Content and Data

Clients retain all right, title, and interest in and to:

• Business-provided knowledge base content and informational materials
• Brand assets, trademarks, logos, and visual identity elements
• Custom scripts, response rules, and configuration data provided by the client
• End-user interaction data generated through kiosk use, subject to the Privacy Policy
• Any client-owned content uploaded, configured, or integrated into the system

EmpathIQ does not claim ownership over client content or customer data.

9.3 License Grants

License to Client

Subject to these Terms and any applicable service agreement, EmpathIQ grants the client a limited, non-exclusive, non-transferable, non-sublicensable license to use the EmpathIQ systems during the service term solely for the client's internal business operations.

License to EmpathIQ

The client grants EmpathIQ a limited license to use client content and data solely to:

• Provide, operate, support, and maintain the services
• Perform system monitoring, troubleshooting, and optimization
• Generate aggregated and anonymized analytics and insights
• Improve and enhance EmpathIQ's platform, provided such improvements do not identify the client or end users

EmpathIQ shall not use client content for competitive benchmarking, resale, or marketing without explicit written consent.

9.4 Aggregated Learnings and Improvements

Notwithstanding anything to the contrary, EmpathIQ retains all rights to:

• Generalized learnings
• System performance insights
• Anonymized usage patterns
• Platform improvements and enhancements

derived from the operation of the services, provided that such materials do not disclose client-identifiable or personal data.

9.5 Feedback

If you provide feedback or suggestions about our services, we may use such feedback without obligation to you.

10. Confidentiality

10.1 Definition

"Confidential Information" means non-public information disclosed by either party that is designated as confidential or should reasonably be understood to be confidential.

10.2 Obligations

The receiving party agrees to:

• Protect confidential information with reasonable care
• Use confidential information only for the purposes of these Terms
• Not disclose confidential information to third parties without consent
• Return or destroy confidential information upon request

10.3 Exceptions

Confidential Information does not include information that:

• Is or becomes publicly available through no fault of the receiving party
• Was rightfully known prior to disclosure
• Is independently developed without use of confidential information
• Is rightfully received from a third party

10.4 Survival

Confidentiality obligations survive termination of these Terms.

11. Warranties and Disclaimers

11.1 Our Warranties

EmpathIQ warrants that:

• Our services will perform substantially in accordance with documentation
• We have the right to provide the services
• Services will be provided in a professional manner
• We will comply with applicable laws in providing services

11.2 Client Warranties

You warrant that:

• You have authority to enter into these Terms
• Your use of services will comply with applicable laws
• Content you provide does not infringe third-party rights
• You will not use services for prohibited purposes

11.3 Disclaimers

We specifically disclaim:

• AI Accuracy: While we strive for accuracy, AI responses may contain errors. Our systems are not a substitute for professional advice.
• Fitness for Purpose: We do not warrant that services will meet your specific requirements beyond documented capabilities.
• Uninterrupted Service: We do not guarantee uninterrupted or error-free operation.
• Third-Party Services: We are not responsible for third-party services integrated with our systems (e.g., internet connectivity, APIs).

11.4 AI-Specific Disclaimers

Our AI systems:

• Generate responses based on configured knowledge and algorithms
• May occasionally produce incorrect or inappropriate responses
• Should not be relied upon for medical, legal, financial, or emergency advice
• Are continuously improving but not infallible

12. Limitation of Liability

12.1 Exclusion of Certain Damages

• Loss of profits, revenue, or business
• Loss of data or goodwill
• Service interruption or system failure
• Cost of substitute services

This exclusion applies regardless of the theory of liability (contract, tort, or otherwise) and even if advised of the possibility of such damages.

12.2 Liability Cap

• For business clients: The fees paid by you in the 12 months preceding the claim
• For end users/website visitors: ₹8,000 INR

12.3 Exceptions

The limitations in this section do not apply to:

• Breaches of confidentiality obligations
• Infringement of intellectual property rights
• Gross negligence or willful misconduct
• Indemnification obligations under Section 13
• Liability that cannot be limited by applicable law

12.4 Security Incident Attribution

Security incidents will be assessed based on root cause. EmpathIQ shall not be responsible for incidents attributable to customer environment factors, including physical access, local network configuration, power instability, or third-party interference.

13. Indemnification

13.1 By EmpathIQ

We will defend, indemnify, and hold you harmless from claims alleging that our technology infringes a third party's intellectual property rights, provided you:

• Notify us promptly of the claim
• Give us sole control of the defense and settlement
• Provide reasonable cooperation

Our obligation does not apply to claims arising from your modifications, combination with third-party products, or use outside the scope of these Terms.

13.2 By You

You will defend, indemnify, and hold us harmless from claims arising from:

• Your breach of these Terms
• Your content or data provided to us
• Your violation of applicable laws
• Your negligence or willful misconduct

13.3 Limitation

Indemnification obligations are subject to the liability limitations set forth in Section 12, except where prohibited by law.

14. Term and Termination

14.1 Term

• Website Access: Your right to access our website continues unless terminated.
• Enterprise Services: Service terms are specified in your Order Form.

14.2 Termination for Convenience

Business clients may terminate services in accordance with their service agreement, typically with 30-90 days written notice.

14.3 Termination for Cause

Either party may terminate immediately if the other party:

• Materially breaches these Terms and fails to cure within 30 days of notice
• Becomes insolvent or files for bankruptcy
• Ceases business operations

14.4 Effect of Termination

Upon termination:

• Your right to use services ends
• You must pay all outstanding fees
• Each party returns or destroys the other's confidential information
• Provisions intended to survive termination remain in effect

14.5 Data Retrieval

Business clients have 30 days after termination to request export of their data. After this period, we may delete client data in accordance with our Privacy Policy and applicable law.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles.

15.2 Informal Resolution

Before initiating formal proceedings, the parties agree to attempt informal resolution through good-faith negotiations for at least 30 days.

15.3 Arbitration

Any disputes not resolved informally shall be resolved through binding arbitration administered in Bengaluru, Karnataka, India in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English. Each party bears its own legal costs unless otherwise awarded.

15.4 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights or confidential information.

15.5 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions or representative proceedings.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any signed agreements, constitute the entire agreement between the parties regarding the subject matter hereof.

16.2 Amendments

We may modify these Terms by posting updated terms on our website. Material changes will be communicated to business clients via email. Continued use after changes constitutes acceptance.

16.3 Severability

If any provision is held unenforceable, the remaining provisions remain in effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

16.4 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

16.5 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations to an affiliate or in connection with a business transaction.

16.6 Force Majeure

Neither party is liable for failures or delays caused by circumstances beyond reasonable control, including natural disasters, wars, terrorism, labor disputes, or government actions.

16.7 Notices

Notices should be sent to:

To EmpathIQ:
Email: info@empathiqtechnologies.com
Address: EmpathIQ Technologies Private Limited, Bengaluru, Karnataka, India

To You:
At the contact information in your account or service agreement.

16.8 Independent Contractors

The parties are independent contractors. Nothing creates a partnership, joint venture, or employment relationship.

16.9 Third-Party Beneficiaries

These Terms do not create rights for any third party except as expressly stated.

16.10 No Agency Relationship

EmpathIQ kiosks do not create any employment, agency, or advisory relationship with end users.

16.11 Export Compliance

You agree to comply with applicable export control and sanctions laws.

17. Contact Information

For questions about these Terms of Service: