Last updated and effective date: 14 August 2025

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE" or "TERMS OF SERVICE" or "TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE SERVICES OFFERED BY Softgen Labs Inc. (3909 S Maryland Parkway Ste 314 PMB 410, Las Vegas NV, 89119).

THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SOFTGEN.AI WEBSITE AND ALL RELATED SERVICES.

1. Definitions

• Company: Softgen Labs Inc. (3909 S Maryland Parkway Ste 314 PMB 410, Las Vegas NV, 89119).
• Site: The Softgen.AI website, including any related features, content, or applications offered from time to time by the Company.
• Service: The Site and all related services provided by the Company, including the AI-powered platform for building full-stack web applications.
• User: Any individual or entity using the Service.
• Content: Any text, images, code, or other material uploaded to or generated by the Service by Users.
• Assets: The results and outputs generated by the AI models provided by the Service, including any code, applications, or reports.
• Fees: All payments made by Users for access to and use of the Service, including but not limited to annual Membership fees and usage-based fees.
• Notice Address: support@softgen.ai.
• Privacy Policy: The document outlining how the Company collects, uses, and protects User data, incorporated by reference into this Agreement.
• AAA Rules: The American Arbitration Association's Consumer Arbitration Rules.
• Claim: Any dispute, claim, demand, or cause of action that arises between the User and the Company.

2. Acceptance of Terms

The Service is offered subject to your acceptance without modification of all of these Terms of Use and all other operating rules, policies, and procedures that may be published from time to time by the Company. Your use of the Service constitutes your agreement to all such terms.

The Company may refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law.

3. Licensing Terms & Intellectual Property

• You are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Service for business or personal use.
• You own all Assets you create with the Services. The Company assigns to you all rights, title, and interest in and to such Assets for your personal or commercial use.
• By using the Services, you grant the Company a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to store, use, reproduce, adapt, publish, and distribute prompts, code, and Assets you create, for purposes of operating, improving, and training AI models, and to comply with law.
• All other content available through the Service is the property of the Company or its licensors and protected by intellectual property laws.

4. Rules of Conduct and Prohibited Uses

You agree not to:

• Violate any applicable law or regulation.
• Infringe on any intellectual property rights.
• Engage in harassment, abuse, defamation, or deceptive conduct.
• Promote self-harm, exploitation of children, or violence.
• Generate false information intended to harm others.
• Impersonate another person or disseminate personal data without consent.
• Support terrorist organizations.
• Overload, disrupt, or bypass security of the Service.
• Use automated tools (e.g., scrapers) without permission.
• Reverse engineer or attempt to access source code.
• Reproduce, sell, or resell the Service without written permission.

5. User Responsibility for Created Applications

You are solely responsible for your created applications and agree to indemnify the Company against claims, losses, or damages related to them.

6. Fees and Payments

• Annual Membership: Required for access, billed in full at the start of each term, auto-renews unless cancelled.
• Usage-Based Fees: Charged for compute time, Assets, API calls, etc., at rates listed on the Pricing page.
• Payment & Taxes: You must provide a valid payment method and are responsible for all applicable taxes.
• No Refunds: All fees are non-refundable. Cancellation takes effect at the end of the current term.
• Price Changes: The Company may change prices with reasonable prior notice.

7. Termination

The Company may terminate your account for violation of Terms or for any reason upon written notice. Upon termination, rights and licenses end, but certain provisions survive (e.g., indemnity, liability limitations).

8. DMCA Copyright Infringement Policy

If you believe your copyright or trademark is infringed, email support@softgen.ai with a DMCA-compliant notice.

9. Disclaimers and Limitation of Liability

• Accuracy Disclaimer: AI-generated results may contain errors. Users must test outputs.
• General Disclaimer: Service is provided as is without warranties.
• Liability Limitation: The Company’s liability is capped at the greater of $100 or the fees you paid in the 12 months preceding the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless the Company from all liabilities, claims, and expenses arising from your use or misuse of the Service.

11. Dispute Resolution by Binding Arbitration

• Disputes will be resolved by final and binding arbitration (AAA Consumer Arbitration Rules) in Singapore unless both parties agree otherwise.
• No Class Actions: You may bring claims only on an individual basis.
• Pre-arbitration negotiation period: 60 days.
• Opt-out available within 30 days of first access.

12. Miscellaneous

• Governing Law: Singapore law.
• Entire Agreement: Includes these Terms and the Privacy Policy.
• Changes: Terms may be modified with notice; continued use implies acceptance.
• Age Requirements: Must be at least 18 or have parental consent.
• Assignment: You cannot assign this Agreement; the Company may assign without consent.
• Contact: support@softgen.ai.

Privacy Policy

We describe here how we collect and process personal information.

Information We Collect

• You Provide:
  
  • Name and contact info
  • Payment info
  • Content/files you upload
• Automatically Collected:
  
  • IP address, device, OS, browser
  • Geolocation (if enabled)
  • Usage data
• From Third Parties:
  
  • Social networks you connect
  • Service providers acting on our behalf
  • Inferences from collected data

How We Use Information

• To provide, improve, and develop Services.
• To communicate with you and offer support.

How We Share Information

• With your consent.
• With third-party service providers.
• To comply with laws.
• To protect rights, property, safety.
• During corporate restructuring or sale.

Information Protection & Retention

We use physical, business, and technical safeguards. Data is retained as long as needed for Services, compliance, dispute resolution, and enforcement.

Your Rights (EEA, UK, Swiss, California)

• Rights to know, access, correct, delete, and object.
• No sale of personal data (CCPA).
• Exercising Rights: Email legal@softgen.ai.
• GDPR Lawful Bases: Contract performance, legitimate interests, consent.

Other Information

• Data may be stored outside your country.
• We do not knowingly collect data from children under 13.

Changes to this Policy

We may update this Privacy Policy and will post the effective date.

Contact

You can get in touch by emailing us at support@softgen.ai.