Terms of Service

Last Updated: January 5, 2023

Effective Date: January 5, 2023

These Terms of Service ("Terms") govern your access to and use of the EFGWatch platform and services provided by BABU LIMITED ("EFGWatch," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing our website, or using our API services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our services.

2. Service Description

EFGWatch provides cloud-based AI model deployment and GPU infrastructure services, including:

AI model hosting and inference APIs
GPU resource allocation and management
Model deployment automation
Usage monitoring and analytics
API endpoints for model inference
Developer tools and SDKs

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years old to use our services. By registering, you represent that you meet this requirement.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials
You are responsible for all activities that occur under your account
You must notify us immediately of any unauthorized access or security breach
We are not liable for any loss or damage arising from unauthorized account access

3.3 Account Information

You agree to provide accurate, current, and complete information during registration and keep it updated.

3.4 Business Accounts

If you register on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our services for:

Deploying and running AI models for legitimate business purposes
Developing and testing AI applications
Research and educational purposes
Commercial applications in compliance with applicable laws

4.2 Prohibited Uses

You may NOT use our services to:

Deploy models that generate illegal content
Engage in fraudulent or deceptive activities
Violate intellectual property rights
Deploy malware, viruses, or malicious code
Attempt to gain unauthorized access to our systems
Mine cryptocurrency without explicit permission
Conduct automated attacks or denial of service activities
Violate export control or sanctions laws
Deploy models for surveillance or tracking without proper authorization
Generate content that violates our content policies (hate speech, violence, illegal activities)
Resell or redistribute our services without authorization

4.3 Content Policies

You are responsible for all content processed through our services and must ensure compliance with applicable laws and regulations.

5. API Usage and Limits

5.1 API Keys

API keys are confidential and must not be shared
You are responsible for all API requests made with your keys
We may revoke API keys that violate these Terms

5.2 Rate Limits

Services are subject to rate limits and quotas as specified in your plan
Exceeding limits may result in throttling or additional charges
We reserve the right to modify limits with reasonable notice

5.3 Fair Use

You agree to use resources efficiently and not engage in activities that negatively impact service performance for other users.

6. Pricing and Payment

6.1 Fees

Pricing is based on GPU usage, model deployments, and API calls
Current pricing is available on our pricing page
We reserve the right to modify pricing with 30 days' notice

6.2 Billing

Charges are billed monthly or based on your selected plan
Payment is due according to your billing cycle
All fees are non-refundable unless otherwise stated

6.3 Payment Methods

Payment is processed through our third-party payment provider (Stripe). You authorize us to charge your payment method for all fees incurred.

6.4 Overages

Usage exceeding your plan limits will be billed at standard overage rates.

6.5 Late Payment

Failure to pay may result in service suspension or termination.

6.6 Taxes

Fees are exclusive of applicable taxes. You are responsible for all taxes, duties, and assessments.

7. Intellectual Property Rights

7.1 Our Intellectual Property

EFGWatch, our logo, platform, software, and documentation are owned by BABU LIMITED and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks or branding.

7.2 Your Content

You retain all rights to models, data, and content you upload or process through our services. You grant us a limited license to host, process, and transmit your content as necessary to provide services.

7.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by us without compensation or attribution.

8. Data and Privacy

8.1 Data Processing

We process your data as described in our Privacy Policy.

8.2 Data Security

We implement reasonable security measures, but cannot guarantee absolute security. You are responsible for backing up your data.

8.3 Data Retention

We retain your data according to our Privacy Policy and applicable laws.

8.4 Data Deletion

Upon account termination, we will delete your data within 90 days, subject to legal retention requirements.

9. Service Availability and Support

9.1 Service Level

We strive to maintain high availability but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance when possible.

9.2 Support

Support is provided according to your service plan. Response times and support channels vary by plan tier.

9.3 Maintenance

We may perform maintenance that temporarily affects service availability. We will provide reasonable notice for planned maintenance.

10. Third-Party Services

Our platform may integrate with or link to third-party services. We are not responsible for third-party services and their use is subject to their respective terms and policies.

11. Confidentiality

11.1 Confidential Information

Both parties agree to protect confidential information disclosed during the use of services.

11.2 Exceptions

Confidentiality obligations do not apply to information that is:

Publicly available
Independently developed
Rightfully received from third parties
Required to be disclosed by law

12. Warranties and Disclaimers

12.1 Service Warranty

We warrant that services will perform substantially as described in our documentation.

12.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

13.1 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

13.2 Liability Cap

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

13.3 Exceptions

These limitations do not apply to:

Our gross negligence or willful misconduct
Death or personal injury caused by our negligence
Liability that cannot be excluded by law

14. Indemnification

You agree to indemnify and hold harmless BABU LIMITED, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

Your use of services
Your violation of these Terms
Your violation of applicable laws
Your content or models
Infringement of third-party rights

15. Term and Termination

15.1 Term

These Terms remain in effect while you use our services.

15.2 Termination by You

You may terminate your account at any time through your account settings or by contacting support.

15.3 Termination by Us

We may suspend or terminate your account if you:

Violate these Terms
Engage in fraudulent activity
Fail to pay fees
Pose a security risk

15.4 Effect of Termination

Upon termination:

Your access to services will cease
Outstanding fees become immediately due
We will delete your data per our retention policy
Provisions that by nature should survive will continue (e.g., indemnification, limitation of liability)

15.5 Data Retrieval

You have 30 days after termination to retrieve your data, after which it will be deleted.

16. Changes to Terms

16.1 Modifications

We may modify these Terms at any time. Material changes will be communicated via email or platform notice at least 30 days in advance.

16.2 Continued Use

Continued use of services after changes constitutes acceptance. If you do not agree, you must discontinue use and may terminate your account.

17. Dispute Resolution

17.1 Informal Resolution

Before filing a claim, you agree to contact us to attempt informal resolution.

17.2 Governing Law

These Terms are governed by the laws of Hong Kong, without regard to conflict of law provisions.

17.3 Jurisdiction

Disputes shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

17.4 Arbitration (Optional)

For disputes under $10,000 USD, parties may agree to binding arbitration.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any referenced policies, constitute the entire agreement between you and BABU LIMITED.

18.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

18.3 Waiver

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

18.4 Assignment

You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

18.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

18.6 Notices

Notices will be sent to the email address associated with your account. You must keep your email address current.

19. Export Compliance

You agree to comply with all applicable export and import laws. You represent that you are not located in, or a national of, any country subject to trade restrictions or sanctions.

20. U.S. Government Users

If you are a U.S. government entity, our services are "Commercial Items" as defined in FAR 2.101 and subject to commercial terms.

21. Contact Information

For questions about these Terms, please contact us:

BABU LIMITED Room 1702, 17/F Hong Kong Trade Centre Nos. 161-167 Des Voeux Road Central Hong Kong

Email: legal@efgwatch.com Support: support@efgwatch.com Contact Form: https://efgwatch.com/contact

Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Company Information: BABU LIMITED is a Hong Kong-registered company providing AI infrastructure services globally through the EFGWatch platform.