Welcome to Oryyn. This User Agreement (“Terms”) is an electronic record within the meaning of the Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time) and the rules made thereunder pertaining to electronic records, as applicable and amended from time to time. This document is generated by a computer system and does not require any physical or digital signature.
1. INTRODUCTION
1.1. These Terms constitute a legal and binding agreement between you, the user (“User”, “you”, “your”, “yourself”) and ViCan AI Labs Private Limited, a company duly incorporated under the Companies Act, 2013, having its registered office at C 201, Chheda Heights, 41 LBS Marg, Bhandup West, Mumbai, Maharashtra, India - 400078 (“Company”, “we”, “us” and “our”), and its subsidiaries and affiliates, concerning your access to and use of the Services accessed through the Platform (each as defined below).
1.2. We encourage and advise all Users to read and understand these Terms prior to making use of the Platform and the Services. Your use of, and access to, the Platform and Services is subject to these Terms, and to the other Policies and Guidelines (defined below) applicable to your use of the Platform, which together form an integral part of these Terms.
1.3. By visiting or accessing the Platform, registering and creating an Account, using or availing yourself of the Services, providing any information on the Platform, or otherwise making use of the Platform, whether impliedly or expressly, you acknowledge and accept these Terms and enter into a binding contract with the Company.
2. DEFINITIONS
In these Terms, the following words and expressions shall, unless the context otherwise requires, have the meanings set out below:
‘Account’ shall refer to the account created by a User on the Platform by providing User Information in order to avail themselves of the Services;
‘AI-Generated Content’ shall mean any image, video, motion graphic, or other output generated, produced, or processed through the Platform or any other AI-assisted feature of the Platform, in response to a User Prompt;
‘Applicable Law’ shall mean the applicable laws, statutes, rules, regulations, ordinances, guidelines, by-laws or subordinate legislation of India, including all amendments thereto that come into force from time to time;
‘Content’ shall mean and include User Inputs, AI-Generated Content and other digital content generated, created, uploaded, stored, published, shared or displayed by a User on or through the Platform, whether privately or as Published Content;
‘Credits’ shall mean prepaid digital service credits purchased by a User in exchange for Fees, usable only for eligible Services on the Platform and consumed on successful completion of the corresponding operation at the cost disclosed before submission, subject to restoration or reversal under these Terms and the Credit and Refund Policy;
‘Fees’ shall mean the monetary consideration payable by a User to the Company in exchange for Credits, as set out in the applicable pricing tier selected by the User;
‘Policies and Guidelines’ shall mean all policies and/or guidelines applicable to Users, as made available by the Company from time to time;
‘User Information’ shall mean information relating to a User and the User’s Account, including the User’s personal information, financial details and other information. A User may be required to provide User Information when registering an Account or subsequently (such as when the User uses any Services on the Platform);
‘User Prompt’ shall mean any text, instruction, keyword, description, or other input entered by a User for the purpose of generating AI-Generated Content;
‘Platform’ shall mean the website accessible at https://oryyn.tv/ and any mobile application associated therewith, through which the Services are made available by the Company to Users;
and ‘Services’ shall mean the services provided by the Company through the Platform, including, inter alia, access to the AI content creation and publishing features available on the Platform.
3. ACCEPTANCE OF TERMS AND ELIGIBILITY
3.1. By accessing or using the Platform in any manner (including by registering an Account, using or accessing any Services, and/or purchasing Credits), you declare that you have read, understood, and accepted these Terms in full and agree to comply with, and be bound by, the same. You are requested to read these Terms and the Policies and Guidelines carefully before accepting them. If you do not understand, approve of, and accept the same, you must not register an Account or access or use the Platform or Services in any manner whatsoever.
3.2. If you are 18 years of age or above, by accepting these Terms, you affirm that you have the right, authority and legal capacity to enter into and be bound by these Terms. If you are under 18 years of age, you may access and use the Platform and Services only with the permission and under the supervision of your parent or lawful guardian, who must accept these Terms on their own behalf in relation to your use. The Company will separately obtain and verify parental or lawful guardian consent, including for the processing of a child’s personal data, in the manner and before the relevant use or processing, as required under Applicable Law. We may request proportionate information to verify age, parental or guardian authority and consent, and restrict access to the Platform, Services or particular features where the applicable requirements are not met, in accordance with these Terms, the Privacy Policy and Applicable Law. Until the Company expressly introduces an age-appropriate, family-managed access feature and implements the necessary consent verification and safeguards, individuals below the age of 18 may not independently register for or use the Platform or Services. Any such future access shall be available only through the specific features and conditions notified by the Company.
3.3. The Company may take the following actions when required: (a) temporarily suspend or restrict your Account or access to any feature of the Platform, pending investigation, where we reasonably suspect fraud, unlawful Content, a breach of these Terms or the Policies and Guidelines, or a threat to the security of the Platform; (b) remove or disable access to specific Content that violates these Terms, the Policies and Guidelines or Applicable Law, without terminating your Account; or (c) permanently terminate your Account in the event of fraud, serious or repeated breaches of these Terms, or where required under Applicable Law. You may also close your Account voluntarily at any time. Upon termination or voluntary closure of your Account: (i) unused Credits shall be dealt with in accordance with the Credit and Refund Policy; and (ii) your User Information shall be dealt with in accordance with the Privacy Policy.
4. USER ACCOUNT AND MEMBERSHIP
4.1. To access and use the Services available on the Platform, you must register as a User by providing the applicable User Information and creating an Account.
4.2. You agree and acknowledge that any information that you provide is true, accurate, complete and up to date.
4.3. By using the Platform in any manner, such as by registering an Account, using or accessing any of the Services, and/or subscribing to the Platform, you represent and warrant to the Company that you:
a) are either 18 years of age or above and have the legal right, capacity and authority to accept these Terms, or are under 18 years of age and access and use the Platform and Services in accordance with Clause 3 above, including its requirements for parental or lawful guardian acceptance, permission and supervision;
b) have read, understood, and agree at all times to abide by the provisions of these Terms as well as any other Policies and Guidelines published on the Platform which are binding and enforceable against you;
c) are solely and entirely responsible for any activity, including any act or omission, that occurs on or through your Account. This includes responsibility for providing correct, valid, complete, accurate and up-to-date User Information when registering an Account and whenever required thereafter, and for maintaining and updating it as necessary in accordance with these Terms;
d) agree that it will be your responsibility to maintain control over, and security of, your Account. In case of any breach of security or any unauthorised activity on your Account, you shall immediately contact and notify us at support@oryyn.tv. In no event shall the Company be liable for any losses caused by any unauthorised use of your Account; and
e) are qualified to register an Account, access, and use the Platform and Services, and meet all requirements under these Terms read together with the applicable Policies and Guidelines published on the Platform.
5. CREDIT-BASED PAID SERVICES
5.1. Access to certain features on the Platform requires a User to hold a sufficient Credit balance, purchased in exchange for Fees (“Paid Services”). The number of Credits applicable to a generation request will be displayed to you before you submit the request, and Credits are consumed upon the successful completion of the requested operation. Once exhausted, Credits can be topped up to continue using the relevant Services.
5.2. Credits are non-transferable service entitlements usable only for eligible Services on the Platform and have no monetary value outside it. Where a generation request fails to complete because of a technical failure attributable to the Platform or a third-party AI model provider, any Credits debited for that unsuccessful request shall be reversed or restored in accordance with the Credit and Refund Policy. A successfully completed generation is not treated as technically unsuccessful solely because it does not meet your subjective creative preferences, without limiting remedies for a defective or misdescribed Service. The Credit and Refund Policy shall be made available to you before you purchase Credits. The Company reserves the right to modify, terminate or otherwise amend the access and benefits offered under any Paid Services, upon reasonable prior notice to you, and any such modification shall not affect Credits already purchased by you, except as provided in the Credit and Refund Policy.
5.3. Any Paid Services being made available to Users on the Platform shall be governed by these Terms, the Credit and Refund Policy and any additional terms applicable to such Paid Services, as made available to you before purchase.
5.4. By registering for such Paid Services, you expressly agree that the Company is authorised to charge you:
a) the requisite Fees for your selected Paid Services; and
b) any applicable taxes in connection with your selected Paid Services.
5.5. You confirm that the card or bank account used to pay the Fees belongs to you and/or that you have the cardholder’s authorisation to purchase the Paid Services. You further represent and warrant that all payment information you provide is correct, up to date and complete.
6. USER OBLIGATIONS AND RESPONSIBILITIES
6.1. You acknowledge and accept that if you provide any information that is untrue, inaccurate, not current or incomplete as part of the User Information, and/or we have reasonable grounds to suspect that any User Information provided by you is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, we have the right, at our sole discretion, to: (i) request you to promptly update or correct such User Information; and/or (ii) immediately and indefinitely suspend your Account, block your access to the Platform, terminate and/or delete your Account and/or refuse to provide any current or future Services to you.
6.2. You acknowledge and accept that: (i) AI-Generated Content is generated algorithmically and may not meet your expectations, requirements, or creative intent; (ii) the Company does not warrant the accuracy, quality, originality, or fitness for any particular purpose of any AI-Generated Content; (iii) AI-Generated Content may be similar to, or identical with, content generated for other Users in response to similar prompts; and (iv) the Company may decline to process a User Prompt that is flagged as inappropriate, infringing, or in violation of these Terms, the Policies and Guidelines or Applicable Law.
6.3. You shall not reverse engineer, decompile, disassemble, create a derivative work of, or otherwise attempt to derive source code or other trade secrets from the Platform and/or Services in any manner whatsoever. No part of the Services shall be reproduced or transmitted to or stored on any other website or application, nor shall any of its pages or any part thereof be disseminated in any electronic or non-electronic form without the prior written permission of the Company.
6.4. You shall not directly or indirectly copy, reproduce, sell, distribute, exploit, or use all or any part of the Platform and/or Services whether electronically, mechanically, or otherwise, in any form for any purpose not expressly permitted by the provisions of these Terms, including any attempt to violate the security thereof.
6.5. Non-compliance with these Terms or applicable Policies and Guidelines may result in refusal of registration, temporary restrictions, Content removal or permanent termination in accordance with the account-enforcement and grievance provisions of these Terms. This does not limit urgent action or reporting required by Applicable Law.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. ‘Intellectual Property Rights’ shall mean all copyrights, patents, trademarks, logo marks, service marks, trade names, brand names, trade secrets, design rights and similar proprietary rights or equivalent rights of the Company, its affiliates and/or its licensors and/or other respective owners. Such rights are protected under Applicable Law. Any infringement of the Intellectual Property Rights will be considered illegal and shall be vigorously defended and pursued to the fullest extent permitted by Applicable Law.
7.2. All rights and interest in the Company’s proprietary technology, software, interfaces, branding, systems and other intellectual property comprised in the Platform and Services (“Platform Intellectual Property”) remain with the Company and/or its licensors. Platform Intellectual Property does not include User Inputs or AI-Generated Content merely because they are submitted, generated or stored through the Platform; rights in those categories and Published Content are governed separately by these Terms.
7.3. The Company’s intellectual property, including its proprietary technology, software, user interfaces, branding and systems, must not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, whether directly or indirectly. Any copying or reproduction of these materials for commercial purposes without consent is prohibited.
7.4. You grant the Company a non-exclusive, worldwide, royalty-free licence, sublicensable only to service providers, including AI model providers, to the extent necessary to perform the permitted purposes: (a) for private Content and Published Content, to host, store, process, reproduce and transmit it only as necessary to provide the generation, storage and Account services you request, secure and maintain the Platform, comply with Applicable Law and enforce these Terms; and (b) for Published Content only, to display, publish, distribute and make it publicly available through the Platform in accordance with your express publication choice, for so long as it remains published. Creating or privately storing Content does not authorise its public distribution. Use of private Content, or Content identifying you or another individual, in advertising or promotional campaigns requires your separate prior express permission and any necessary permission of the individual concerned; publication alone does not constitute that permission.
7.5. You retain any rights you hold in the User Prompts, images, videos, audio and other reference materials submitted by you on the Platform (“User Inputs”). You represent and warrant that you own or have obtained all rights, licences, consents and permissions necessary to submit and use the User Inputs, including the consent of any person whose image, likeness or voice is included in them.
7.6. Subject to these Terms, the Policies and Guidelines, Applicable Law and applicable third-party AI-provider restrictions disclosed before the relevant generation request, the Company does not claim ownership of AI-Generated Content generated through your Account. To the extent the Company holds rights necessary to permit your use of such Content, it grants you a worldwide, non-exclusive, royalty-free licence to download, reproduce, modify, share, publish, distribute and commercially use that Content, including in client deliverables, films, marketing campaigns and monetised creator content, and to permit clients and distributors to use it for those purposes. This does not license Platform Intellectual Property or confer rights belonging to third parties. The Company does not guarantee that any output is eligible for copyright or other intellectual property protection, unique, or free of third-party rights. You are responsible for reviewing outputs and ensuring that your intended use complies with applicable rights, permissions and provider restrictions. Restrictions subsequently introduced will not retrospectively alter permissions for an existing output unless required by Applicable Law or an applicable binding third-party restriction.
7.7. Content that you expressly choose to publish or make publicly accessible through the Platform (“Published Content”) is treated separately from Content generated or stored privately. Before publishing, you must ensure that you have the rights and permissions required for public availability, including for identifiable individuals and third-party material. You may unpublish through the available controls or by contacting us, after which the Company will cease public display on the Platform within a reasonable period. Unpublishing does not necessarily remove copies already lawfully downloaded, shared or indexed by third parties outside the Company’s control.
8. LIMITED LICENCE
8.1. Subject to these Terms, the Policies and Guidelines, Applicable Law and applicable third-party AI-provider conditions disclosed before use of the relevant feature, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform and Services. The access licence does not permit resale or sublicensing of the Platform or Services themselves. All rights not expressly granted are reserved by the Company and its licensors.
8.2. The access licence does not permit: (a) resale, sublicensing or commercial exploitation of the Platform or Services themselves, including access to your Account or Credits; (b) unauthorised collection or exploitation of other Users’ Content or information; (c) use of the Platform otherwise than as permitted by these Terms; (d) downloading or copying another User’s Account information; (e) unauthorised data mining, robots, scrapers or similar extraction tools; or (f) creating or publishing a database reproducing the Platform or other Users’ Content without permission. These restrictions do not prevent creating Content for clients or downloading, distributing, licensing or commercially using your eligible AI-Generated Content as permitted by these Terms.
8.3. The Company reserves the right, at any time, without notice, and at its sole discretion, to terminate your licence to use the Platform and to block and prevent your future access to the Platform. Upon such termination, all rights granted to you under these Terms shall immediately cease.
9. PRIVACY PRACTICES
The Company has formulated the Privacy Policy to ensure that your personal information is adequately protected. In addition to these Terms, the Privacy Policy shall also govern your use of the Platform and the Services. You consent to the collection, storage, use, processing, disclosure and transfer of personal information by the Company in accordance with the terms and purposes set forth in the Privacy Policy, as may be amended from time to time. In the event of any conflict between these Terms and the Privacy Policy, to the extent it relates to personal data, the terms of the Privacy Policy shall prevail.
10. COMMUNICATIONS
10.1. You will receive communications necessary to provide, administer or secure the Services, including authentication, security, Account updates, payment confirmations, generation notifications and important legal or service notices (“Essential Communications”). Promotional campaigns, offers, newsletters and marketing messages (“Optional Communications”) will be sent only with your separate, affirmative consent where required, using the channels you select. Marketing consent is voluntary, is not a condition of creating an Account, buying Credits or using the Services, and will not be inferred solely from acceptance of these Terms. Optional Communications will not be presented as Essential Communications.
10.2. You may withdraw consent to Optional Communications at any time through the available Account preferences, unsubscribe mechanism or contact instructions provided in the communication. Withdrawal will not affect your access to Services or the delivery of necessary Essential Communications and will be implemented within the period required by Applicable Law. Following Account closure, we may send only communications still necessary for outstanding transactions, security, legal obligations or resolution of complaints or disputes, rather than continuing promotional messages.
11. PLATFORM SECURITY
11.1. You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation: (a) accessing data not intended for you or logging onto a server or an Account which you are not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with the Services to any other User, host or network, including by means of submitting a virus, malware, or ransomware to the Platform, overloading, flooding, spamming, or crashing; (d) sending unsolicited communications, including promotions and/or advertising of products or services; (e) bypassing, disabling, or circumventing any technical measures used by the Company to provide the Platform or the Services; or (f) engaging in any activity that may compromise the security or stability of the Platform.
11.2. Violations of system or network security may result in civil or criminal liability. The Company is entitled to investigate occurrences that may involve such violations and may involve and co-operate with law enforcement authorities in prosecuting Users who are involved in such violations.
11.3. The Company does not guarantee that the Platform will be available at all times or that it will be error-free. The Company shall not be liable for any issues resulting from: (a) system failures or malfunctions; (b) delays or disruptions in telecommunications; (c) internet or server downtime; or (d) viruses or other technical issues.
11.4. The Company may, without notice, suspend access to the Platform for maintenance or updates. You are responsible for maintaining appropriate technical capabilities to access the Platform.
12. CHANGES TO THESE TERMS
The Company reserves the right to add to or modify the Platform or these Terms at any time. Any changes to these Terms will be posted on the Platform and shall be effective immediately upon posting. It is your responsibility to review these Terms when accessing the Platform and periodically thereafter to remain aware of any modifications. Your continued access to or use of the Platform shall be deemed your conclusive acceptance of the modified Terms.
13. DISCLAIMER OF WARRANTIES AND LIABILITIES
13.1. You agree that you access the Platform and Services of your own free will. You agree and acknowledge that the Services and all material are provided “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE”, without warranties of any kind, either express or implied. To the fullest extent permissible under Applicable Law, the Company disclaims all liability, express or implied, including, but not limited to, implied warranties and conditions of merchantability and fitness for a particular purpose, workmanlike effort, title and non-infringement.
13.2. The Company does not warrant that the Platform and/or Services will be available without interruption, that their functions will be error-free, that defects will be corrected, or that the Platform and/or Services will be free from viruses or other harmful components. The Company does not warrant or make any representations regarding the use or results of the use of the Platform and Services in terms of correctness, reliability, accuracy or otherwise.
13.3. The Platform and Services may provide links to other websites maintained or controlled by third parties. The Company does not control such third-party websites and is not responsible for any transactions on them.
13.4. The Company and its parent, affiliates and associates shall not be liable at any time for any loss and/or damage (including, without limitation, special, incidental and/or consequential loss and/or damage) arising directly or indirectly, in contract, tort or otherwise, from the use of or inability to use the Services, from any action taken (or refrained from being taken) as a result of using the Services, due to any unavailability of the Services or any part thereof, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction, or unauthorised access to, alteration of, or use of information contained on the Services. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.
13.5. Any hyperlinks to or from the Services are provided for information purposes and are for your convenience only. The Company accepts no liability for any loss or damage arising directly or indirectly (including consequential loss) from the accuracy or otherwise of materials or information contained on the pages of such Services or loss arising directly or indirectly from defects with Services. The Company neither endorses in any way nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability of any of the goods or services or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visiting and transacting on these Services.
13.6. Part of the Platform and Services will contain advertising and other material submitted to the Company by third parties. The Company accepts no responsibility for advertisements or promotions appearing on the Platform and/or Services. Advertisers are responsible for ensuring that material submitted for inclusion on the Services complies with Applicable Law. The Company will not be responsible for any advertiser’s claim, error, omission or inaccuracy in advertising material, and reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. You deal with such advertisers or promoters of your own accord and on their terms.
14. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Services from and against all losses, expenses, damages and costs, including, but not limited to, attorneys’ fees and other expenses, arising directly or indirectly out of your breach of these Terms, your violation of the undertakings, representations and covenants mentioned above and/or your activities in connection with the Platform and Services.
15. ACCESS OUTSIDE INDIA
The Company makes no representation that the Platform or Services are appropriate or available for use outside India. If you access or use the Platform or Services from outside India, you are responsible for complying with the laws of the jurisdiction from which you access or use them. Nothing in these Terms excludes or limits any rights or obligations under such laws that cannot lawfully be excluded or limited.
16. SEVERABILITY
If a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, then that provision, or portion thereof, shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
17. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall, in all respects, be governed by and interpreted and construed in accordance with the laws of India. The courts at Mumbai shall have exclusive jurisdiction over any disputes arising under these Terms. Notwithstanding the foregoing, you agree that the Company has the right to bring any proceedings before any court or forum of competent jurisdiction, and you conclusively submit to the jurisdiction of such court or forum.
18. GRIEVANCE REDRESSAL
If any User or aggrieved person has any complaint or grievance in respect of any content on the Platform or any breach of our Terms, Privacy Policy or any other Policies and Guidelines (‘Grievance’), they may submit it to our designated Grievance Officer:
Name – Canute Fernandes
Email – support@oryyn.tv
A Grievance may also be submitted to the Grievance Officer in writing at the following address: C 201, Chheda Heights, 41 LBS Marg, Bhandup West, Mumbai, Maharashtra, India - 400078.
For further information on the grievance redressal mechanism, please contact support@oryyn.tv.