End User License Agreement

• “Affiliates” means an entity controlled by, under common control with, or controlling such party, where control is denoted by having fifty percent (50%) or more of the voting power (or equivalent) of the applicable entity. Subject to the terms and conditions of this Agreement, Affiliates may use the license granted hereunder. All references to Sarvam shall be deemed to be references to Sarvam and its Affiliates, and all references to Company, You, or Yourself shall be deemed to be references to Company and its Affiliate(s).
• “Computer” means the hardware, if the hardware is a single computer system, whether physical or virtual, or means the computer system with which the hardware operates, if the hardware is a computer system component.
• “Documentation” means the user documentation provided by Sarvam to You on the use of the Software. For the avoidance of doubt, any installation guide or end user documentation not prepared or provided by Sarvam; any online community site; or feedback does not constitute Documentation.
• “Software” means the object code versions of the product, proprietary language models, speech processing tools, the Indus conversational AI chatbot, Samvaad Platform components, and Developer Tools (SDKs, APIs), together with the updates, new releases or versions, modifications or enhancements, owned and provided by Sarvam to You pursuant to this Agreement.
• “You” means the individual or legal entity that downloads, installs, accesses, or uses the Software, and if such use is on behalf of a company, organization, or other legal entity, “You” includes that entity and any person authorized to act on its behalf.

Production License: Upon payment of the applicable fees for the Software and continuous compliance with the terms and conditions of this Agreement, Sarvam hereby grants You a limited, perpetual, nonexclusive, nontransferable license to use the object code of the Software and Documentation in Your facility subject to the terms contained herein:

• Subject to your selected Service Tier and Usage Limits (including API call rates and token limits), You may access and use the Software, including the Indus chatbot and Model APIs, for your internal business purposes.
• You agree to keep all API keys, tokens, and credentials secure and strictly confidential. You must not distribute requests across multiple accounts to bypass rate limits.

Software Evaluation License: If the Software is provided to You for evaluation purposes, Sarvam grants to You a nonexclusive, limited, royalty-free, nontransferable evaluation license to use the Software solely for evaluation prior to purchase (an “Evaluation License”). The Evaluation License shall terminate on the end date of the predetermined evaluation period or immediately upon notice from Sarvam at its sole discretion. Software provided pursuant to an Evaluation License is provided to You “AS IS” without indemnification, support, or warranty of any kind.

You may not:

• (i) provide, make available to, or permit other individuals to use the Software or Documentation, except under the terms listed above;
• (ii) modify, translate, reverse engineer, decompile, disassemble, create derivative works, or otherwise attempt to derive the source code;
• (iii) copy, reproduce, republish, upload, post, or transmit the Software or Documentation;
• (iv) license, sell, rent, lease, transfer, sublicense, distribute, or otherwise transfer rights;
• (v) remove any proprietary notices or labels;
• (vi) license the Software if You are a direct competitor of Sarvam for benchmarking or competitive purposes;
• (vii) use the Software or Output to train, develop, or fine-tune AI/ML models competing with Sarvam’s products;
• (viii) use the Software for fraudulent purposes, to generate deepfakes, or to impersonate individuals without consent;
• (ix) extract, scrape, or systematically collect data beyond your authorized API usage; or
• (x) use the Software to generate content that violates the Digital Personal Data Protection Act, 2023 (DPDPA) or other applicable laws.

You may not delete, remove, hide, move or alter any trademark, logo, icon, image or text that represents the company name of Sarvam, any derivation thereof, or any icon, image, or text that is likely to be confused with the same.

You shall comply with all laws and regulations of the United States and other countries (“Export Laws”) to assure that the Software Product is not exported in violation of Export Laws, or used for any purpose prohibited by Export Laws.

You agree that You shall use the Software and Documentation solely in a manner that complies with all applicable laws, including but not limited to the Digital Personal Data Protection Act, 2023 (DPDPA), the Information Technology (Intermediary Guidelines) Rules, and applicable restrictions concerning copyright, privacy, and voice personality rights.

You retain ownership of all inputs and prompts provided to the Software (“Your Content”). Sarvam assigns to you all rights, title, and interest in the generated responses (“Output”). Due to the nature of machine learning, Output may not be unique and may be incorrect or contain “hallucinations.” You are solely responsible for evaluating the accuracy of the Output. Sarvam will not use Your Content to train our AI models unless you provide explicit opt-in consent.

THE SOFTWARE IS LICENSED, NOT SOLD. Use herein of the word “purchase” in conjunction with licenses shall not imply a transfer of ownership. Unless as conveyed herein, this Agreement does not grant You any rights, title, or interest in or to Software, Documentation, trademarks, or corresponding intellectual property of Sarvam or its suppliers. All rights not expressly granted under this Agreement are reserved by Sarvam.

EXCEPT AS EXPRESSLY STATED IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SARVAM IS PROVIDING AND LICENSING THE SOFTWARE TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPLICIT OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

You will indemnify and hold Sarvam harmless from any third-party claim brought against Sarvam claiming that the Software infringes or misappropriates patent, copyright, trademark, trade secret, or other intellectual property rights of a third party due to modifications or usage by You.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SARVAM, ITS DIRECTORS, OFFICERS, AGENTS, SUPPLIERS AND LICENSORS, BE LIABLE TO YOU (I) FOR MORE THAN THE AMOUNT OF LICENSE FEES THAT YOU HAVE PAID TO SARVAM IN THE PRECEDING (12) TWELVE MONTHS FOR THE APPLICABLE SOFTWARE OR (II) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.

SARVAM’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED INR 10,000/- (INDIAN RUPEES TEN THOUSAND ONLY).

To the extent the Software is bundled with third party software programs; these third-party software programs are governed by their own license terms. Nothing in this Agreement limits an end user’s rights under, or grants the end user rights that supersede, the terms of any such third-party software.

This Agreement shall be governed by the laws of Karnataka, India. You hereby consent to the exclusive jurisdiction of the courts of Bengaluru, Karnataka.

This EULA, together with the Sarvam Terms of Service, Privacy Policy, and Data Processing Addendum (DPA), constitutes the entire agreement between you and Sarvam. In the event of a conflict between this EULA and the Terms of Service, the Terms of Service shall control.