These Terms & Conditions ("Terms") govern your access to and use of DesiCMO (the "Service"), operated by Gameup Technologies Private Limited ("Gameup", "we", "us" or "our"). By creating an account or otherwise using DesiCMO, you agree to these Terms.
1. The Service
DesiCMO is an AI influencer studio that lets you generate identity-locked Desi AI influencers, generate images and short-form vertical videos using these influencers, manage an asset library, and optionally auto-post to connected social platforms.
2. Eligibility
You must be at least 18 years old to use the Service. If you use the Service on behalf of a company or organisation, you represent that you have authority to bind that entity to these Terms.
3. Your account
- You are responsible for keeping your login credentials confidential.
- You must provide accurate registration information.
- You are responsible for all activity that occurs under your account.
- Notify us immediately at officialdesicmo@gmail.com of any unauthorised access.
4. Acceptable use
You agree not to use DesiCMO to:
- Generate non-consensual likenesses of real people, including but not limited to public figures, private individuals, or minors.
- Generate sexually explicit content involving minors, or any content that depicts minors in a suggestive manner.
- Generate content intended to defame, harass, threaten or incite violence.
- Generate misleading content presented as factual news without clear disclosure that it is AI-generated.
- Violate any applicable law, including intellectual property, defamation, privacy or election laws.
- Reverse engineer, scrape or attempt to extract our models, prompts, weights or training data.
- Interfere with the Service's infrastructure or security.
- Use the Service to compete with us by training a substantially similar product.
We reserve the right to suspend or terminate accounts that violate these rules, with or without notice depending on the severity.
5. Content you upload
You retain ownership of any reference images and other content you upload to DesiCMO. You grant Gameup a worldwide, royalty-free licence to host, process, display and modify your content only to the extent necessary to provide the Service. You represent that you have the rights to upload that content.
6. AI-generated content
Subject to your compliance with these Terms and payment of applicable fees, you may use the AI-generated outputs commercially, post them to social platforms, remix them and adapt them. You acknowledge that:
- AI-generated content may not be copyrightable in every jurisdiction.
- Identical or similar outputs may be generated for other users.
- You are solely responsible for how you use the outputs and for any disclosures required by law or by the platforms you post to.
7. Plans, billing and refunds
- The Service is offered on free and paid subscription tiers. Pricing is displayed on the in-app pricing page.
- Subscriptions auto-renew at the end of each billing cycle unless cancelled before the renewal date.
- All fees are charged in the currency shown at checkout and are exclusive of applicable taxes unless stated otherwise.
- Refunds are issued at our discretion, except where required by applicable law. Pro-rated refunds may apply for downgrades within a billing cycle.
- Late or failed payments may result in suspension of generation features until resolved.
8. Generation credits and fair use
Each paid plan includes a monthly allowance of generation credits or compute units. Unused credits do not roll over unless explicitly stated. We may impose fair-use rate limits to protect Service stability and to prevent abuse.
9. Third-party services
DesiCMO relies on third-party AI providers, payment gateways and platform APIs (Google Gemini, Higgsfield, Razorpay, Meta, YouTube, X, Google Cloud, and others described in our Privacy Policy). Outages, rate limits or changes by these providers may affect availability. We are not liable for downstream provider outages.
10. Intellectual property
Gameup retains all rights to the Service, including the software, models, interfaces, branding, influencer library and prompt library. Nothing in these Terms transfers ownership of any of those to you.
11. Disclaimers
The Service is provided as-is and as-available without warranties of any kind, express or implied. We do not warrant uninterrupted operation, error-free outputs, or fitness for a particular purpose. AI outputs may contain inaccuracies, biases or artefacts; you are responsible for reviewing every output before publishing.
12. Limitation of liability
To the maximum extent permitted by law, Gameup's total liability arising out of or relating to these Terms or the Service is limited to the amount you paid to Gameup in the twelve months immediately preceding the event giving rise to the claim, or USD 100, whichever is greater. Gameup is not liable for any indirect, incidental, consequential, special or punitive damages.
13. Indemnification
You agree to indemnify, defend and hold harmless Gameup and its affiliates from and against any claims, damages, costs and expenses (including reasonable legal fees) arising out of or related to your use of the Service in breach of these Terms, including any third-party claims related to content you generate or post.
14. Termination
You may delete your account at any time from the account settings page. We may suspend or terminate your account if you breach these Terms, fail to pay fees, or for legal or regulatory reasons. On termination, your access to the Service ends and the licence you granted us continues only to the extent required to fulfil legal obligations.
15. Changes to these Terms
We may update these Terms from time to time. Material changes will be notified by email or in-app banner at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance.
16. Governing law and jurisdiction
These Terms are governed by the laws of India. The courts at Bangalore, Karnataka have exclusive jurisdiction over any disputes arising out of or relating to these Terms or the Service, except where applicable consumer protection law in your jurisdiction grants you the right to bring proceedings in your local courts.
17. Contact
Gameup Technologies Private Limited
DesiCMO Legal
officialdesicmo@gmail.com