Terms of Use - Eksana

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and, a company registered in Nepal ("eksana," "we," "us," or "our"), regarding your access to and use of the eksana legal research platform and associated services (collectively, the "Service").

1. Agreement to Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Disclaimer, which are incorporated by reference into this agreement. If you do not agree with these Terms, you must not access or use the Service. If you are using the Service on behalf of an organization or entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Definitions

"Service" refers to the eksana platform, including the "General Search" and "Case Research" features, our websites, APIs, and any associated software or documentation.
"User" refers to the individual or legal entity that has registered for and uses the Service.
"Input" refers to any data, text, documents, queries, or other information that a User provides, uploads, or submits to the Service, particularly in connection with the "Case Research" feature.
"Output" refers to the AI-generated text, analysis, summaries, or other content that the Service generates and returns to a User based on their Input.
"Content" refers collectively to Input and Output.

3. Description of Services

The Service provides two primary features:

a. General Search: A feature allowing Users to search, browse, and retrieve information from our database of legal precedents, statutes, regulations, and other legal documents obtained from Nepal Kanoon Patrika, Supreme court website, Nepal Law commission and other relevant sources.
b. Case Research: An interactive artificial intelligence feature that allows Users to submit Input (e.g., case-related information) to receive AI-generated Output designed to assist with legal research, analysis, and argument development.

4. User Accounts and Responsibilities

a. Account Creation: You must provide accurate and complete information to create a user account.
b. Account Security: You are responsible for maintaining the confidentiality of your account login credentials (username and password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. Sharing of account credentials with any other individual or entity is strictly prohibited.

5. License and Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service solely for your internal business purposes as a legal professional.

6. Prohibited Actions

You agree not to, and not to permit others to:

a. Use the Service for any unlawful, illegal, or unethical purpose, or in violation of any applicable Nepalese or international law.
b. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, or algorithms of the Service, in violation of the Electronic Transactions Act, and other Intellectual Property Laws of Nepal.
c. Use any automated means, such as robots or scrapers, to access or extract data from the Service, except as expressly permitted by us.
d. Share, sell, rent, lease, or sublicense your access to the Service or your account credentials.
e. Upload or transmit any Input that infringes on the intellectual property rights or privacy rights of any third party.
f. Use the Service to generate, publish, or disseminate any material that is defamatory, obscene, or promotes hatred or discrimination, as prohibited under the Electronic Transactions Act, 2063.
g. Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure.

7. Content and Intellectual Property

a. User Content: You retain all ownership rights, title, and interest in and to your Input. We do not claim any ownership over the confidential information you provide to the Service.
b. Output: As between you and eksana, you own the specific Output you generate through your use of the Service. You are responsible for its use and for ensuring it complies with all applicable laws and professional standards.
c. Platform License: To enable us to operate the Service, you grant eksana a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and transmit your Input solely to the extent necessary to provide the Service to you, respond to your requests, and address technical issues. This license is for the sole purpose of operating the platform and does not grant us any rights to use your Input for any other purpose.
d. No Training Commitment: eksana will not use your Input or Output to train, improve, or otherwise enhance its artificial intelligence models or any other aspect of its Service. Your confidential data is used exclusively to generate Output for your specific session and is not incorporated into any general or shared models.
e. eksana IP: We retain all ownership rights, title, and interest in and to the Service itself, including all underlying software, AI models, designs, branding, and aggregated, anonymized usage data.

8. Fees and Payment

Details regarding subscription fees and payment terms will be provided separately.

9. Term and Termination

a. These Terms will remain in effect until terminated by either you or us.
b. You may terminate your account at any time by discontinuing use of the Service and notifying us.
c. We reserve the right to suspend or terminate your access to the Service immediately, without prior notice, if you breach these Terms, misuse the Service, or engage in any activity that we deem harmful to the platform or other users.
d. Upon termination, your right to use the Service will cease immediately, and you must destroy any Output or other materials obtained from the Service. Provisions of these Terms that by their nature should survive termination shall survive, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the Service is subject to the detailed Disclaimer document, which is incorporated herein by reference.

11. Limitation of Liability

To the fullest extent permitted by Nepalese law, in no event shall eksana, its affiliates, directors, or employees be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service. Our total aggregate liability for any and all claims related to the Service shall not exceed the amount of fees paid by you to eksana during the twelve (12) month period immediately preceding the event giving rise to the claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless eksana and its affiliates, directors, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Nepal, without regard to its conflict of law provisions. In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, the parties shall first seek to resolve the matter through binding arbitration in accordance with the Arbitration Act of Nepal. The seat of arbitration shall be Kathmandu, Nepal, and the proceedings shall be conducted in English or Nepali, as mutually agreed by the parties.

If the dispute cannot be resolved through arbitration, or if enforcement of an arbitral award requires judicial intervention, the matter shall be subject to the exclusive jurisdiction of the competent courts located in Kathmandu, Nepal.

14. General Provisions

a. Entire Agreement: These Terms, together with the Privacy Policy and Disclaimer, constitute the entire agreement between you and eksana concerning the Service.
b. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
c. Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.
d. Changes to Terms: We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website or through other communications. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.