Terms of Service - eSAMz AI

Last Updated: June 10, 2026

Welcome to eSAMz AI! These Terms of Service ("Terms") govern your access to and use of the eSAMz AI website, services, and applications (collectively, the "Service"). Please read them carefully. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Service.

1. Acceptance of Terms and Consent to Data Processing

By accessing or using the eSAMz AI Service, you affirm that you have read, understood, and agree to be bound by these Terms of Service. Your use of the Service is also expressly conditioned upon your acceptance of our Privacy Policy, which details how we collect, process, and protect your personal data in compliance with the Digital Personal Data Protection Act (DPDP), 2023, of India, and principles aligned with the General Data Protection Regulation (GDPR) of the European Union.

Explicit Consent: We require your explicit, affirmative consent for the processing of your personal data as described in our Privacy Policy. Your continued use of the Service after being presented with our Privacy Notice and providing consent constitutes your agreement to these Terms and the data processing practices outlined in our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you must discontinue use of the Service immediately.

AI Interaction Disclosure: In accordance with Article 50 of the EU AI Act and applicable transparency regulations, you are hereby informed that eSAMz AI is an artificial intelligence system. You are interacting with an AI-powered assistant, not a human. All outputs generated by the Service are machine-generated and probabilistic in nature, and require independent human review before any reliance.

2. Service Description

eSAMz AI is an artificial intelligence-based assistant providing text responses, voice interaction, file analysis, code assistance, and general informational output. The Service leverages the Sarvam 105b API for AI capabilities and integrates with Wikipedia for Retrieval-Augmented Generation (RAG) to provide more informed responses. The Service is provided on an "as is" and "as available" basis. We do not guarantee the accuracy, completeness, availability, or suitability of the Service for any specific purpose. Features may change, be limited, or discontinued at any time without prior notice.

Disclaimer Regarding AI-Generated Content: The content generated by eSAMz AI is for informational purposes only and should not be considered professional advice. You acknowledge that AI models can produce inaccurate, incomplete, or misleading information, including phenomena commonly referred to as "hallucinations" — where the AI generates plausible-sounding but factually incorrect or fabricated content. You must independently verify all information provided by the Service, especially concerning medical, legal, financial, safety-critical, or other sensitive matters. We are not responsible for any decisions or actions taken based on the output of the Service.

Not for Regulated Decisions: The Service is not designed, intended, or licensed for use in making automated decisions in regulated contexts, including but not limited to employment screening, creditworthiness assessment, healthcare diagnosis, legal determinations, or educational evaluations, without independent professional review. You must not use AI-generated outputs as a substitute for professional advice in any such domain.

3. Eligibility

You must be at least 18 years old, or the minimum legal age in your jurisdiction, to use the Service. Our services are not intended for children under 18, and we do not knowingly collect personal data from minors. By using the Service, you represent and warrant that you meet this age requirement. If we become aware that a user does not meet this age requirement, we reserve the right to terminate their access to the Service immediately and delete any associated data.

4. User Accounts and Security

While some features of the Service may be accessible anonymously, certain functionalities require account creation and sign-in via Clerk authentication. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Account Responsibilities: You must not share your account credentials with any third party. You are solely responsible for ensuring that your use of the Service complies with these Terms, regardless of whether your account is used by you or an unauthorized party. We reserve the right to suspend or terminate accounts that are suspected of being compromised, used in violation of these Terms, or involved in any fraudulent or abusive activity.

5. Acceptable Use

You agree not to misuse the Service. Prohibited activities include, but are not limited to:

  • Engaging in any illegal, harmful, fraudulent, or abusive activities.
  • Attempting to probe, scan, or test the vulnerability of any system or network, or to breach security or authentication measures.
  • Generating or disseminating malware, viruses, or other malicious code.
  • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  • Engaging in unauthorized automation, scraping, or data extraction from the Service.
  • Using the Service to infringe upon the intellectual property rights of others.
  • Submitting any content that is unlawful, defamatory, obscene, pornographic, hateful, or otherwise objectionable.
  • Attempting to bypass session limits, rate limits, safety guardrails, or other usage restrictions implemented by the Service.
  • Using the AI to generate content that violates applicable law, including defamatory statements, fraudulent content, or content that facilitates illegal activity.
  • Uploading or inputting the personal data of third parties without their proper consent.
  • Using AI-generated outputs to make automated decisions in regulated contexts (healthcare, legal, financial, employment, credit) without independent human review and professional oversight.
  • Attempting to extract, reverse engineer, decompile, disassemble, or otherwise circumvent the underlying AI model, architecture, or proprietary algorithms.
  • Using the Service to generate content that violates export control laws, sanctions, or any applicable trade restrictions.
  • Generating any content involving minors in any harmful, illegal, or exploitative context.

Enforcement: We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, immediately terminating their access to the Service without prior notice, deleting their account and data, and reporting violations to relevant law enforcement authorities or regulatory bodies.

6. Privacy and Data Protection

Our commitment to your privacy is detailed in our Privacy Policy. By using the Service, you consent to the collection, use, and processing of your data as described therein. Key aspects include:

  • Session-Based Processing: Conversations are primarily processed in real-time and are not stored on our servers beyond a 30-minute session limit for anonymous users. If PRIVACY_MODE is enabled, no session history is stored on our servers.
  • Local Storage: Your chat history and preferences may be stored locally on your device for your convenience. We do not access or collect this locally stored data.
  • Third-Party Processors: We utilize third-party AI model providers (Sarvam 105b API), authentication services (Clerk), analytics providers (Google Analytics), and infrastructure providers (Vercel, Upstash Redis). Each operates under its own privacy policy and terms of service, and we strive to ensure their practices align with our data protection commitments. User inputs may be transmitted to these third-party providers for processing in order to deliver the Service.
  • Consent Records: For signed-in users, we record your explicit consent to our Privacy Policy, including a timestamp, the policy URL, your user agent, and your IP address at the time of acceptance, for legal compliance and audit purposes.
  • Data Retention and Deletion: You have the right to revoke consent and delete your account and all associated data at any time via the "Revoke Consent" feature, which performs a hard deletion of your records from our systems, including MongoDB, Clerk, and local browser storage. Upon revocation, your personal data will be permanently removed from our active systems within a reasonable timeframe, except where retention is required by applicable law.
  • AI Model Training: We do not use your personal conversations or inputs to train, fine-tune, or improve the underlying AI models provided by third-party providers. However, third-party AI providers (such as Google) may process your inputs according to their own terms of service. We encourage you to review their privacy policies for details on their data handling practices.

7. Intellectual Property

All intellectual property rights in the Service, including software, branding, and infrastructure, are owned by eSAMz AI or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use, subject to these Terms.

User Content: You retain ownership of any content you submit to the Service. By submitting content, you grant eSAMz AI a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content solely for the purpose of operating and improving the Service.

AI-Generated Output: While we do not claim ownership over the raw AI-generated outputs provided to you, you acknowledge that such outputs may be derived from underlying models and data that are proprietary to us or our third-party providers. You acknowledge that AI-generated outputs may not be eligible for copyright protection under applicable law, including current guidance from the U.S. Copyright Office that works generated entirely by AI without meaningful human authorship may not be eligible for copyright registration. We make no representations or warranties regarding the copyrightability, originality, or legal protectability of any AI-generated content. You are responsible for ensuring that your use of AI-generated content complies with all applicable laws and does not infringe on any third-party rights.

Non-Exclusivity of Output: You acknowledge that the same or substantially similar outputs may be generated for other users of the Service, as the AI models operate on probabilistic principles. Accordingly, you should not assume that any AI-generated output is exclusive or unique to you.

8. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Warranties of accuracy, reliability, completeness, or timeliness of any AI-generated output.
  • Warranties that the Service will be uninterrupted, error-free, secure, or free from harmful components.
  • Warranties that any defects or errors in the Service will be corrected.
  • Warranties regarding the copyrightability, originality, or legal protectability of AI-generated content.
  • Warranties that the Service will be free from bias, hallucination, or model drift.

No advice or information, whether oral or written, obtained from eSAMz AI or through the Service, shall create any warranty not expressly stated in these Terms.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESAMZ AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; AND (V) ANY RELIANCE ON AI-GENERATED OUTPUTS, INCLUDING BUT NOT LIMITED TO HALLUCINATIONS, FACTUAL ERRORS, MODEL DRIFT, OR BIASED OUTPUTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ESAMZ AI EXCEED ONE HUNDRED U.S. DOLLARS (USD $100) OR THE EQUIVALENT IN YOUR LOCAL CURRENCY, OR THE AMOUNT PAID BY YOU TO ESAMZ AI FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, WHICHEVER IS GREATER.

Important: Because the Service is provided free of charge, the liability cap above is set at a nominal amount. This reflects the principle that a free service should not expose its provider to disproportionate liability. By using the Service, you accept this limitation.

10. Indemnification

You agree to defend, indemnify, and hold harmless eSAMz AI and its affiliates, officers, directors, employees, and agents 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:

  • Your use of and access to the Service.
  • Your violation of any term of these Terms.
  • Your violation of any third-party right, including without limitation any copyright, patent, trademark, trade secret, property, or privacy right.
  • Any claim that your content or your use of AI-generated content caused damage to a third party.
  • Your use of AI-generated content from the Service in a manner that infringes, misappropriates, or otherwise violates any third-party intellectual property or other right.
  • Any unauthorized use of your account, regardless of whether you authorized such use.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

11. Account Termination and Suspension

We reserve the right to suspend, disable, or terminate your access to the Service at any time, with or without cause, and with or without notice, in our sole discretion. Without limiting the foregoing, we may terminate your account immediately and without prior notice if we reasonably believe you have violated any provision of these Terms.

Effect of Termination: Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, disclaimer of warranties, limitation of liability, indemnification, and governing law. We shall have no liability to you for any termination of your access to the Service.

Data Upon Termination: Upon account termination, your personal data will be handled in accordance with our Privacy Policy. You may request complete deletion of your data prior to termination by using the "Revoke Consent" feature.

12. Copyright and DMCA Policy

eSAMz AI respects the intellectual property of others and expects its users to do the same. If you believe that any content generated or accessible through the Service infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) or applicable local copyright law by providing the following information to our designated copyright agent:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
  • Identification of works or materials being infringed, or if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the specific material that is claimed to be infringing and that is to be removed or have access disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Contact information for the notifier, including address, telephone number, and email address.
  • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law.
  • A statement made under penalty of perjury that the information provided in the notification is accurate and that the notifying party is authorized to make the complaint on behalf of the copyright owner.

Copyright inquiries and DMCA notifications should be sent to: esamzai365@gmail.com

13. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in India to resolve any dispute arising out of these Terms or the Service.

EU Users: If you are a resident of the European Union, you may additionally benefit from mandatory consumer protection provisions under the laws of your EU member state of residence, including but not limited to rights under the EU AI Act, GDPR, and applicable EU consumer protection directives. Nothing in these Terms is intended to override your mandatory statutory rights as a consumer under EU law.

14. Changes to These Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect by posting the updated Terms on our website and, for signed-in users, via the email associated with your account. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

Regulatory Adaptation: Given the rapidly evolving landscape of AI regulation globally, including but not limited to the EU AI Act, state-level AI legislation, and updates to data protection laws, we may update these Terms as necessary to maintain compliance with applicable regulations. We will use reasonable efforts to notify you of such changes, but given the pace of regulatory development, some modifications may take effect on shorter notice where required by law.

15. Force Majeure

eSAMz AI shall not be held liable for any failure or delay in performing its obligations under these Terms arising from or attributable to acts, events, omissions, or accidents beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes or labor disputes, shortages of materials or supplies, failure of third-party providers (including AI model providers, cloud infrastructure, or authentication services), internet outages, power failures, or any other cause beyond our reasonable control.

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. The remaining provisions of these Terms shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the provision.

17. Waiver

The failure of eSAMz AI to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by eSAMz AI. The waiver of any provision of these Terms on one occasion shall not be deemed a waiver of such provision on any subsequent occasion.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and eSAMz AI regarding the use of the Service, and supersede any prior agreements, understandings, or representations, whether oral or written, regarding the subject matter hereof. In the event of any conflict between these Terms and our Privacy Policy, the Privacy Policy shall prevail with respect to data protection and privacy matters, and these Terms shall prevail with respect to all other matters.

19. Contact Us

If you have any questions about these Terms, please contact us at:

eSAMz AI Legal Department
Email: esamzai365@gmail.com


References

  1. Digital Personal Data Protection Act, 2023 (India). Available at: https://www.meity.gov.in/content/digital-personal-data-protection-act-2023
  2. General Data Protection Regulation (GDPR) (EU). Available at: https://gdpr-info.eu/
  3. Clerk Authentication. Available at: https://clerk.com/
  4. Google Analytics. Available at: https://analytics.google.com/
  5. Vercel. Available at: https://vercel.com/
  6. Upstash Redis. Available at: https://upstash.com/
  7. Sarvam 105b API. Available at: https://www.sarvam.ai/privacy-policy
  8. Wikipedia API. Available at: https://www.mediawiki.org/wiki/API:Main_page
  9. EU AI Act — Regulation (EU) 2024/1689. Available at: https://eur-lex.europa.eu/eli/reg/2024/1689/oj
  10. U.S. Copyright Office Guidance on AI-Generated Works (Federal Register). Available at: https://www.federalregister.gov/documents/2023/03/16/2023-05321