Terms & Privacy Policy

Terms & Conditions

1. Acceptance of Terms

By registering for an account, accessing, or using the Penchu service ("Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not use the Service.

2. Age Requirement

Users must be at least 18 years of age and legally capable of entering into binding agreements under applicable law. By using the Service, you represent and warrant that you meet this requirement.

3. Service Description

Penchu provides an AI-powered automated video and ad generation platform for businesses. We reserve the right to modify, suspend, or discontinue any portion of the Service at any time with or without notice.

4. User Accounts & Registration

To use our generation features, you must register for an account using a valid mobile number and email. You are solely responsible for maintaining the confidentiality of your account credentials.

• You agree to provide accurate and complete registration information.
• You are responsible for all activities that occur under your account.
• You must establish your account on behalf of a valid business entity.

5. Payments, Subscriptions, and Credits

Certain features within the Service are billed on a subscription or pay-per-use basis via "Credits".

• Subscriptions: Billed in advance on a recurring monthly or yearly basis.
• Credits: Used to generate final video and image assets. Deducted immediately upon successful media generation.
• Refunds: All payments and credit purchases are generally non-refundable unless required by applicable law or in the case of critical service failure.

6. User Content and Responsibility

User Content: Users may upload text, images, videos, logos, audio, branding materials, trademarks, and other content ("User Content") for the purpose of generating advertising materials using Penchu. You retain ownership of your User Content. By uploading User Content, you grant Penchu a limited, non-exclusive, worldwide, royalty-free license to process, modify, reproduce, and use such content solely for the purpose of providing the Services.

User Responsibility: You are solely responsible for all User Content that you upload, submit, or otherwise provide through the Services. You represent and warrant that:

• You own or have obtained all necessary rights, permissions, licenses, and consents to use the User Content.
• Your User Content does not infringe any copyright, trademark, patent, trade secret, publicity, privacy, or other proprietary rights of any third party.
• Your User Content complies with all applicable laws and regulations.
• Your User Content does not contain defamatory, misleading, fraudulent, unlawful, harmful, adult, sexually explicit, abusive, harassing, or offensive material.

"The user acknowledges and agrees that every advertisement, image, video, voiceover, script, slogan, or other output generated through Penchu is created solely at the user's direction and on the user's behalf. The user bears full legal responsibility for the creation, publication, distribution, and use of such content, including compliance with all applicable laws and third-party rights."

Penchu does not verify ownership or legality of User Content and assumes no responsibility for its accuracy or legality.

7. AI Generated Content & Automated Decisions

Penchu uses artificial intelligence to generate advertisements, marketing content, videos, images, voiceovers, and related outputs ("Generated Content"). Generated Content is created based on the information provided by the user. Users acknowledge that AI-generated outputs are produced through automated systems and may produce different results for similar inputs.

Deepfake / Synthetic Media: Users must not use Penchu to create synthetic media or AI-generated content intended to impersonate another individual, mislead the public, commit fraud, or falsely represent that another person has endorsed, approved, or created the content.

Users are solely responsible for reviewing, verifying, editing, approving, and ensuring the legality, accuracy, and suitability of all Generated Content before publishing, distributing, or using it. Penchu does not guarantee that Generated Content is accurate, original, legally compliant, free from errors, or suitable for any particular purpose.

8. Intellectual Property & Celebrity Rights

Users must not upload or generate content that:

• infringes copyrights or trademarks;
• violates publicity, privacy, or personality rights;
• uses another person's identity without authorization;
• copies protected works without permission;
• violates any intellectual property law.

Celebrity Rights: Users may not upload or use the name, image, voice, likeness, signature, or other identifying attributes of celebrities, public figures, influencers, or private individuals without all necessary legal rights and permissions.

Users are solely responsible for obtaining all required licenses, permissions, model releases, property releases, and consents before uploading content.

9. Advertising Compliance

Users are solely responsible for ensuring that advertisements created using Penchu comply with all applicable advertising, consumer protection, marketing, competition, and industry regulations in the jurisdictions where the advertisements are published. Penchu does not provide legal, advertising, regulatory, or compliance advice.

10. Prohibited Uses & Platform Abuse

Users may not use Penchu to upload, generate, publish, or distribute any content, or use the Services in a manner that:

• infringes copyrights, trademarks, patents, trade secrets, or other intellectual property rights;
• impersonates any individual, business, government authority, or organization;
• uses another person's name, image, voice, likeness, or identity without authorization;
• contains false endorsements or misleading testimonials;
• is defamatory, libelous, harassing, threatening, abusive, or intimidating;
• promotes hatred or discrimination based on race, ethnicity, nationality, religion, caste, gender, gender identity, sexual orientation, disability, age, or any other protected characteristic;
• contains obscene, sexually explicit, pornographic, adult, or exploitative material;
• depicts or promotes child sexual abuse or exploitation in any form;
• promotes violence, terrorism, extremist ideologies, or criminal activities;
• promotes illegal drugs, weapons, or unlawful products or services;
• contains phishing, malware, ransomware, spyware, viruses, or other malicious code;
• promotes scams, financial fraud, identity theft, or deceptive schemes;
• contains medical, legal, financial, or professional claims that are false, misleading, or unlawful;
• violates election, political advertising, or campaign laws;
• violates consumer protection or advertising laws;
• violates privacy or data protection laws;
• violates any applicable local, national, or international law.

Platform Abuse: Users may not attempt to reverse engineer, scrape, overload, interfere with, probe, bypass security measures, or otherwise misuse the Services.

Export Laws: Users agree not to use the Services in violation of any applicable export control, sanctions, or trade laws.

11. Right to Remove & Immediate Account Suspension

Penchu reserves the right, but is not obligated, to review, refuse, suspend, disable, or remove any User Content or Generated Content that, in Penchu's sole discretion, violates these Terms, applicable laws, or the rights of others. Penchu may cooperate with law enforcement agencies and regulatory authorities where required by law.

No Human Review: Penchu does not routinely review, screen, monitor, or approve user submissions or AI-generated outputs prior to their creation or publication.

Immediate Suspension: Penchu may immediately suspend or terminate any account, without prior notice, if it reasonably believes the account is being used unlawfully, fraudulently, abusively, or in violation of these Terms.

12. No Responsibility for User Content

Penchu acts solely as a technology platform that enables users to generate advertising content. Penchu does not create, approve, endorse, monitor, verify, or guarantee User Content or Generated Content.

To the fullest extent permitted by law, Penchu shall not be liable for any claims arising from: User Content, Generated Content, advertisements published by users, copyright or trademark infringement, defamation, privacy or publicity violations, false advertising, regulatory violations, adult or sexually explicit materials, abusive or vulgar language, or misuse of the Services by users.

13. User Indemnification

You agree to defend, indemnify, and hold harmless Penchu, its founders, directors, officers, employees, contractors, affiliates, licensors, and partners from and against any claims, actions, liabilities, damages, losses, judgments, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or relating to: your User Content, your Generated Content, advertisements you publish, your violation of these Terms or applicable laws, infringement of any third-party rights, or misuse of the Services. This obligation survives termination of your account.

14. Disclaimer of Warranties

The Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, security, or error-free operation.

15. Limitation of Liability

To the maximum extent permitted by applicable law, Penchu shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, revenue, business opportunities, goodwill, data, or reputation arising from or related to use of the Services.

Penchu's total aggregate liability for any claim arising under these Terms shall not exceed the amount paid by the user to Penchu during the twelve (12) months preceding the event giving rise to the claim.

16. AI Limitations

Artificial intelligence may occasionally generate inaccurate, incomplete, misleading, biased, or content that resembles existing works. Users acknowledge these limitations and agree that they are solely responsible for reviewing all Generated Content before use.

17. Copyright Complaints

If Penchu receives a valid legal complaint alleging infringement of intellectual property rights or violation of applicable law, Penchu may remove the relevant content, suspend access to the Services, or terminate the responsible account without prior notice.

18. Feedback License

Any suggestions, ideas, feedback, or recommendations provided to Penchu may be used by Penchu without restriction or compensation.

19. Force Majeure

Penchu shall not be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, internet outages, cyberattacks, labor disputes, governmental actions, or failures of third-party service providers.

20. Changes to Terms

Penchu reserves the right to modify these Terms at any time. Updated Terms will become effective upon publication. Continued use of the Services constitutes acceptance of the revised Terms.

21. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts located in **Bengaluru, Karnataka, India**.