PLEASE READ THESE TERMS OF USE ("Agreement") CAREFULLY BEFORE ACCESSING OR USING THE SketricGen PLATFORM ("Service"). BY CLICKING "ACCEPT" OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MUST NOT USE THE SERVICE.
1. Introduction and Acceptance
1.1. SketricGen is a cloud-based AI agent platform that enables users to create, deploy, and manage AI agents—including chatbots, voice agents, and interactive avatars—for customer support, sales, and engagement.
1.2. This Agreement constitutes a binding legal contract between you ("User", "Customer", or "you") and SketricGen ("we", "us", or "our"). By using the Service, you acknowledge that you have read, understood, and agree to be bound by all the provisions of this Agreement.
2. Eligibility
2.1. You must be at least eighteen (18) years old and have the legal authority to enter into this Agreement on behalf of yourself or your organization.
2.2. If you are not authorized to bind an entity to this Agreement, you must not use the Service.
3. Description of the Service
3.1. SketricGen provides a platform for designing, deploying, and managing AI agents using a simple multi-step creation wizard, data source integrations (including files, website links, manual text, and third-party documents), and real-time interaction interfaces ("Playground").
3.2. The Service includes, without limitation, user authentication, agent creation tools, an analytics dashboard, API integrations (including with OpenAI and payment processors such as Stripe), and a token-based usage system.
4. Account Registration and Security
4.1. In order to access certain features of the Service, you must register for an account ("Account") and provide accurate, current, and complete information.
4.2. You are solely responsible for maintaining the confidentiality of your account credentials, and you agree to notify us immediately if you suspect any unauthorized use of your Account.
4.3. We reserve the right to suspend or terminate your Account if we determine that you have violated this Agreement or if your behavior poses a risk to the Service or its users.
5. Use of the Service and Restrictions
5.1. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable right to use the Service solely for your internal business purposes.
5.2. You agree not to:
- modify, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Service;
- resell, lease, sublicense, distribute, or otherwise transfer the Service to any third party;
- interfere with or disrupt the operation or security of the Service;
- use the Service in any manner that violates applicable laws or infringes on the rights of any third party.
5.3. You are solely responsible for ensuring that your use of the Service complies with all applicable laws, rules, and regulations.
5.4 SketricGen reserves the right to apply rate limiting to control the number of requests per user to ensure system integrity.
6. Data, Privacy, and Security
6.1. Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, store, and protect personal and usage data (including user profiles, agent configurations, conversation logs, and credit balances).
6.2. SketricGen collects and stores data necessary for the efficient functioning of the Service, including:
- (a) User registration information (e.g., name, email, API keys, and subscription details);
- (b) Data related to AI agent creation and management (e.g., agent instructions, data sources, and conversation history);
- (c) Payment and token consumption details.
6.3. You acknowledge that while we take reasonable measures to protect your data, no security system is impenetrable. You agree to use the Service at your own risk regarding data security.
7. Payment, Subscription, and Token System
7.1. Access to the Service may be subject to fees as specified during the registration or subscription process.
7.2. SketricGen operates on a credit-based usage model, wherein credits are purchased and consumed based on the interactions and functionalities utilized within the Service.
7.3. Subscription fees, credit allocations, and any additional charges will be clearly communicated and are non-refundable except as expressly provided herein.
7.4. Payments will be processed through third-party payment processors (e.g., Stripe). Your use of such services is also subject to their terms and conditions, and we are not liable for any issues arising from their use.
8. Intellectual Property Rights
8.1. SketricGen Platform IP.
Sketric Solutions LLC. retains all rights, title, and interest in and to the underlying Service—including all software, design, documentation, and any content provided directly by SketricGen (such as templates, graphics, and documentation).
8.2. License to Use the Service.
You are granted a limited, non-exclusive, non-transferable license to access and use the Service in accordance with this Agreement. This license does not extend to the underlying technology, source code, or any proprietary methodologies that SketricGen employs.
8.3. AI-Generated Content.
For all content generated by the AI agents (the "AI-Generated Content") as a result of your inputs and configurations, you retain full ownership. Notwithstanding the foregoing, SketricGen retains all rights in and to the underlying algorithms, models, and proprietary methodologies used to produce such content. By using the Service, you are granted an unrestricted, perpetual, worldwide license to use, reproduce, display, and distribute the AI-Generated Content for all your business purposes, including customer interactions, sales, consultations, and other commercial uses.
8.4. Protection of Provided Content.
All other content provided directly by SketricGen, including but not limited to templates, graphics, and documentation, is protected by intellectual property laws and may not be reproduced or used without our express written permission.
9. User Submissions and Content
9.1. "User Submissions" includes any data, content, instructions, or files that you upload, enter, or otherwise transmit through the Service.
9.2. You represent and warrant that you have all necessary rights and permissions to submit such content and that your submissions do not infringe the rights of any third party.
9.3. By submitting content to the Service, you grant SketricGen a worldwide, non-exclusive, royalty-free, irrevocable license to use, store, process, and display such content solely for the purpose of providing the Service.
9.4. You acknowledge that SketricGen may monitor, modify, or remove User Submissions if they violate this Agreement or applicable laws.
10. Third-Party Services and Integrations
10.1. The Service may incorporate integrations with third-party applications and APIs (including, but not limited to, OpenAI and payment processors).
10.2. Your use of any third-party services accessed through the Service is subject to the terms and conditions of those third parties. SketricGen does not endorse, control, or assume liability for any third-party content or services.
10.3. When using the WhatsApp Business Platform integration, certain user data (e.g., phone numbers and message-related information) may be transmitted to and processed by Meta, in accordance with Meta's privacy policies and terms of service. By using this integration, you consent to these data flows, and SketricGen disclaims any liability for third-party practices.
11. Warranty Disclaimer
11.1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SketricGen DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11.2. SketricGen DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
12. Limitation of Liability
12.1. UNDER NO CIRCUMSTANCES SHALL SketricGen, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2. SketricGen's AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
13. Indemnification
13.1. You agree to indemnify, defend, and hold harmless SketricGen, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorney fees) arising from:
- (a) Your use of the Service;
- (b) Your violation of this Agreement; or
- (c) Your infringement of any third-party rights.
14. Modifications to the Service and Agreement
14.1. SketricGen reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
14.2. We may update this Agreement from time to time. Notice of any material changes will be provided by an in-service notification and/or email. Your continued use of the Service after such modifications constitutes your acceptance of the updated terms.
15. Governing Law and Dispute Resolution
15.1. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
15.2. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Newark, Delaware.
15.3. The parties agree to resolve any disputes through negotiation and, if necessary, binding arbitration in accordance with the applicable rules.
16. Term and Termination
16.1. This Agreement is effective until terminated by either party.
16.2. You may terminate this Agreement by ceasing all use of the Service. SketricGen reserves the right to suspend or terminate your access at any time, with or without notice, for any violation of this Agreement.
16.3. Upon termination, your right to access or use the Service will immediately cease, and you agree that SketricGen may delete your Account and all associated data after a reasonable period.
17. Miscellaneous
17.1. Export Compliance: You agree to comply with all applicable export laws and regulations.
17.2. Force Majeure: SketricGen shall not be liable for any failure to perform its obligations under this Agreement if such failure results from events beyond its reasonable control, including but not limited to acts of God, war, or government action.
17.3. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
17.4. Assignment: You may not assign your rights or delegate your obligations under this Agreement without our prior written consent. SketricGen may assign this Agreement without consent in connection with a merger, acquisition, or sale of substantially all of its assets.
18. Contact Information
If you have any questions, concerns, or notices regarding this Agreement or the Service, please contact us at: contact@sketricsolutions.com