Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and MHBB Ventures LLP, a limited liability partnership registered under the Limited Liability Partnership Act, 2008, with its registered office in Mumbai, Maharashtra, India ("Company", "we", "us", "our"), governing your access to and use of the GenCanvas.ai platform ("GenCanvas", "the Platform", "the Service").

By creating an account, joining an organisation, or otherwise accessing or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not use the Service.

If you are entering into these Terms on behalf of an organisation (company, studio, agency, educational institution, or any other entity), you represent and warrant that you have the legal authority to bind that organisation to these Terms, and references to "you" and "your" shall include that organisation.

2. Description of the Service

GenCanvas is an AI generation studio that provides a project management interface, workflow tooling, and collaboration features for creative teams to produce images, videos, and chat-based content using third-party AI models (including Google's Gemini, Imagen, and Veo via the Vertex AI platform). GenCanvas provides the software interface only — all AI generation is performed by third-party AI providers using credentials and billing accounts owned and controlled by you or your organisation.

The Service may include features for prompt composition, image and video generation, chat with AI models, asset management, preset and pipeline configuration, team collaboration, and project organisation. Features may be added, modified, or removed at our discretion.

3. Accounts & Organisations

Access to GenCanvas requires authentication through our third-party identity provider, Clerk. You are responsible for maintaining the confidentiality of your authentication credentials and for all activities that occur under your account.

Organisations have a role-based hierarchy: owner, manager, editor, and viewer. Organisation owners have full administrative control, including the ability to invite or remove members, configure credentials, create projects, and delete the organisation. Project-level role overrides and access modes (open, invite-only) provide additional granularity.

Organisation administrators bear sole responsibility for managing their members, permissions, credentials, and compliance with their own internal policies. This includes, without limitation, communicating data collection and retention practices to employees and contractors, obtaining any required consents, and ensuring that credentials provided to the Platform are appropriately scoped and authorised for use.

4. User Content & Ownership

You retain ownership of the content you create, upload, or input into GenCanvas ("User Content"), including prompts, reference images, uploaded assets, presets, pipeline configurations, and text. We do not claim any intellectual property rights over User Content.

You grant MHBB Ventures LLP a limited, non-exclusive, royalty-free, worldwide licence to store, process, cache, transmit, and display User Content solely as necessary to provide, maintain, and improve the Service. This licence terminates when you delete the relevant content or your account/organisation, subject to reasonable backup and archival periods.

You represent and warrant that you own or have obtained all necessary rights, licences, and permissions for all User Content you provide, and that your User Content does not infringe, misappropriate, or violate any third party's intellectual property, privacy, or other rights.

5. AI-Generated Content

AI-generated content is produced by Google's Vertex AI models using your GCP project credentials. The intellectual property status, ownership, and permissible uses of AI-generated content are governed by Google's Cloud Terms of Service, Vertex AI Generative AI Terms, and applicable law. MHBB Ventures LLP makes no independent representations, warranties, or guarantees regarding the intellectual property status, originality, accuracy, safety, legality, or fitness for any purpose of any AI-generated content.

You and your organisation are solely responsible for:

• Reviewing, verifying, and approving all AI-generated content before any use, publication, distribution, or reliance
• Ensuring AI-generated content complies with all applicable laws, regulations, industry standards, and ethical guidelines
• Implementing appropriate human oversight and review processes within your organisation
• Any consequences arising from the use, publication, or distribution of AI-generated content, including claims of intellectual property infringement, defamation, privacy violation, or harm to any person

6. Credential Management & Security

To use AI generation and cloud storage features, you must provide third-party credentials (GCP service account keys, S3 access keys, etc.). These credentials are encrypted at rest using AES-256-GCM authenticated encryption. However:

• You are solely responsible for the scope, permissions, and security of the credentials you provide. If you provide overly permissive credentials (e.g., a GCP service account with project-owner level access), any security incident may have consequences beyond what narrowly scoped credentials would expose.
• We do not guarantee that your credentials cannot be compromised. While we employ encryption and access controls, no security system is impenetrable. You acknowledge the inherent risk of storing credentials in any third-party system and accept that risk by providing credentials to the Platform.
• Loss of the Platform's encryption key results in permanent, irrecoverable loss of all encrypted credentials. This is a deliberate security design choice. We do not maintain key escrow or backup decryption mechanisms.
• You should regularly rotate credentials, use the principle of least privilege, and maintain your own backup of all credentials provided to the Platform.

7. Usage Limits & Quotas

Projects may have configurable generation budgets (maxGenerations for images, maxVideoGenerations for videos). These limits are enforced by the Service. All generation and chat requests are processed through a queue system. Additionally, your GCP project's own quotas and rate limits apply to all AI generation requests. We are not responsible for failures, delays, or errors arising from third-party quota exhaustion.

8. Acceptable Use & Prohibited Conduct

You agree not to, and shall not permit any third party to:

• Generate, store, or distribute content that is illegal, obscene, defamatory, threatening, harassing, discriminatory, or that violates the rights of any person or entity
• Generate content depicting minors in any harmful, sexual, or exploitative context
• Attempt to circumvent usage limits, access controls, security measures, or audit logging
• Engage in prompt injection, jailbreaking, or other techniques designed to manipulate AI model behaviour beyond intended use or to bypass AI safety filters
• Use the Service in any manner that could damage, disable, overburden, or impair its operation or the experience of other users
• Access or attempt to access data belonging to other organisations or users without authorisation
• Use the Service in violation of any applicable law, regulation, or third-party terms of service (including Google's Acceptable Use Policy)
• Use the Service for competitive intelligence, benchmarking, or to build a competing product or service

We reserve the right to suspend or terminate access immediately and without notice for violations of this section or for any conduct that we, in our sole and absolute discretion, determine to be harmful to the Service, its users, or MHBB Ventures LLP.

8A. Intellectual Property & Reverse Engineering Prohibition

The Service, including all software, source code, object code, algorithms, interfaces, designs, architecture, documentation, trade secrets, and proprietary know-how underlying the Platform, are the exclusive intellectual property of MHBB Ventures LLP and are protected under applicable intellectual property laws, including the Copyright Act, 1957, the Patents Act, 1970, the Trade Marks Act, 1999, and the Information Technology Act, 2000.

You expressly agree that you shall not:

• Reverse-engineer, decompile, disassemble, decode, or otherwise attempt to derive the source code, algorithms, data structures, or underlying ideas of any part of the Service
• Copy, modify, adapt, translate, or create derivative works based on the Service or any part thereof
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Service
• Scrape, crawl, spider, or use any automated means to access the Service or extract data from it
• Sublicence, lease, rent, loan, transfer, or distribute the Service or access thereto to any third party
• Frame, mirror, or otherwise simulate the appearance or function of the Service

Any violation of this section shall constitute a material breach of these Terms and may result in immediate termination of access without notice, in addition to any other remedies available to MHBB Ventures LLP at law or in equity, including injunctive relief and recovery of damages.

9. Billing, Costs & Financial Disclaimer

GenCanvas operates on a zero API markup model. All AI generation costs (for image, video, and chat generation) are billed directly by Google to your GCP project. GenCanvas does not charge for, mark up, or intermediate API usage billing.

10. Data Security

We implement reasonable security measures as described in our Privacy Policy, including AES-256-GCM encryption for credentials at rest, organisation-scoped data isolation, HMAC-SHA256 authenticated preview tokens, file upload validation, and audit logging.

Notwithstanding the above, you expressly acknowledge and agree that:

• No method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security
• The Service depends on multiple third-party providers (Clerk, Google Cloud, S3 providers), each with their own security posture, and a breach in any provider's infrastructure may affect your data regardless of our own security measures
• We do not warrant that the Service will be free from vulnerabilities, malware, or security defects
• You are responsible for implementing your own backup procedures, business continuity measures, and data recovery plans

11. Third-Party Services & Dependencies

The Service relies on third-party services including but not limited to Clerk (authentication), Google Cloud Platform (AI generation, storage), and optional S3-compatible storage providers. Each third-party service is governed by its own terms of service, privacy policy, and service-level agreements.

MHBB Ventures LLP is not responsible for the availability, performance, security, data handling practices, or compliance status of any third-party service. Outages, data breaches, policy changes, pricing changes, or discontinuation of any third-party service may affect the availability or functionality of GenCanvas, and we shall have no liability to you in connection therewith.

12. Organisational Obligations

If the Service is used within an organisational context, the organisation is additionally responsible for:

• Employee notification — Informing all Organisation Members about data collected, processed, and stored by the Platform, including audit logs (which record IP addresses, user-agent strings, and user actions)
• Data retention communication — Establishing and communicating its own data retention and deletion policies to Organisation Members, particularly regarding how long generation history, chat logs, and audit trails are retained
• Content review processes — Implementing internal review processes for AI-generated content before use, especially in customer-facing, published, or regulated contexts
• Credential governance — Ensuring that GCP and storage credentials are scoped with least-privilege access, regularly rotated, and revoked when no longer needed
• Compliance — Ensuring its use of the Service complies with all applicable laws and regulations, including data protection, employment, intellectual property, and industry-specific requirements

13. Termination

You may stop using the Service at any time. You may delete your organisation, which will cascade to all associated data (projects, generations, assets, members, credentials, and settings). Data deletion from our systems does not guarantee deletion from third-party services.

MHBB Ventures LLP reserves the unconditional right to suspend, restrict, or permanently terminate any user's or organisation's access to the Service, in whole or in part, at any time and for any reason whatsoever, at our sole and absolute discretion, with or without cause, and with or without prior notice. Reasons for termination may include, but are not limited to: violation of these Terms, suspected fraudulent or illegal activity, conduct that is harmful to other users or the Service, non-payment (if applicable), security concerns, regulatory requirements, cessation of the Service, or any other reason we deem appropriate. We are not obligated to provide an explanation for termination decisions.

Upon termination, your right to access the Service ceases immediately. We may, at our discretion, allow a reasonable period for data export, but are under no obligation to do so. We shall not be liable to you or any third party for any termination of your access to the Service.

Sections 5 (AI-Generated Content), 8A (Intellectual Property), 9 (Financial Disclaimer), 14 (Limitation of Liability), 15 (Disclaimer of Warranties), 16 (Indemnification), 17A (Assumption of Risk), and 18 (Governing Law) shall survive any termination or expiration of these Terms.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE INDIAN CONTRACT ACT, 1872, AND THE INFORMATION TECHNOLOGY ACT, 2000:

• MHBB Ventures LLP, its partners, employees, agents, and affiliates ("Released Parties") shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, loss of goodwill, cost of procurement of substitute services, or any intangible losses
• Released Parties shall not be liable for any damages arising from: (a) unauthorised access to or alteration of your data or credentials; (b) the conduct, content, or output of any third-party AI model; (c) the inaccuracy, offensiveness, or inappropriateness of AI-generated content; (d) costs, charges, or billing incurred on your GCP project or any third-party service; (e) service interruptions, outages, or data loss caused by third-party provider failures; (f) any action or inaction of Clerk, Google, or any storage provider; or (g) your failure to maintain adequate backups, security practices, or credential hygiene
• The total aggregate liability of Released Parties for any and all claims arising out of or related to these Terms or the Service shall not exceed the total amounts actually paid by you to MHBB Ventures LLP (if any) in the twelve (12) months immediately preceding the event giving rise to the claim. If you have not paid any amounts to MHBB Ventures LLP, our total aggregate liability shall be zero (INR 0)

The limitations in this section apply regardless of the legal theory on which the claim is based (contract, tort, negligence, strict liability, statute, or otherwise), even if the Released Parties have been advised of the possibility of such damages, and even if a limited remedy set forth herein is found to have failed of its essential purpose.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MHBB VENTURES LLP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE OR ANY CONTENT (INCLUDING AI-GENERATED CONTENT, COST ESTIMATES, AND TOKEN COUNTS)
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE SECURITY, INTEGRITY, OR CONFIDENTIALITY OF YOUR DATA, CREDENTIALS, OR CONTENT
• WARRANTIES REGARDING THE PERFORMANCE, AVAILABILITY, OR COMPLIANCE OF ANY THIRD-PARTY SERVICE INTEGRATED WITH THE PLATFORM

You expressly understand and agree that your use of the Service is at your sole risk. No advice or information, whether oral or written, obtained from MHBB Ventures LLP or through the Service shall create any warranty not expressly stated in these Terms.

16. Indemnification

You agree to indemnify, defend, and hold harmless MHBB Ventures LLP, its partners, employees, agents, and affiliates from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:

• Your use of or access to the Service
• User Content you provide, including any claim that User Content infringes a third party's intellectual property or other rights
• Your use, publication, or distribution of AI-generated content, including claims of intellectual property infringement, defamation, privacy violation, obscenity, or harm arising therefrom
• Your violation of these Terms or any part thereof
• Your violation of any applicable law, regulation, or third-party rights
• Any third-party claim arising from the credentials you provided to the Platform, including claims related to unauthorised GCP usage, billing disputes, or cloud resource consumption
• Your organisation's failure to inform its members of data collection, retention, or monitoring practices
• Any unauthorised access to or use of the Service through your account or organisation, regardless of whether such access was caused by your negligence, credential compromise, or the acts of a third party
• Any claim by your employees, contractors, members, or any third party arising from your organisation's use of the Service, including disputes over data ownership, privacy, employment rights, or content created through the Platform
• Any misuse of the Service by you or anyone accessing the Service through your account, including generation of inappropriate, harmful, or illegal content

This indemnification obligation shall survive the termination of your account and these Terms.

17. Force Majeure

MHBB Ventures LLP shall not be liable for any failure or delay in performance of its obligations under these Terms caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, third-party service outages (including Clerk, Google Cloud, or storage providers), cyberattacks, or any other event outside our reasonable control.

17A. Assumption of Risk & Waiver of Claims

BY USING THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• Voluntary use at your own risk — Your use of the Service is entirely voluntary and at your sole risk. You assume full responsibility for any consequences arising from your use of the Service, including but not limited to financial losses, data loss, reputational harm, intellectual property claims, and regulatory penalties
• No claim for misuse — You shall have no claim, cause of action, or right of recovery against MHBB Ventures LLP or its Released Parties for any loss, damage, or harm arising from your own misuse of the Service, your failure to follow these Terms, your failure to implement adequate security practices, or your failure to review AI-generated content before use
• No claim for unauthorised access — While we implement reasonable security measures, you acknowledge that no system is immune to unauthorised access. To the maximum extent permitted by law, you waive and release any and all claims against MHBB Ventures LLP arising from unauthorised access to, disclosure of, or alteration of your data, credentials, or content, except where such access is directly and solely caused by the wilful misconduct or gross negligence of MHBB Ventures LLP
• No claim for third-party failures — You shall have no claim against MHBB Ventures LLP for any loss, damage, or harm arising from the acts, omissions, outages, breaches, policy changes, or discontinuation of any third-party service (including Clerk, Google Cloud, and storage providers)
• No claim for termination — You acknowledge and accept MHBB Ventures LLP's right to terminate access as set out in Section 13, and waive any claim for damages, compensation, or injunctive relief arising from such termination
• No class actions — To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action or class-wide arbitration against MHBB Ventures LLP

This assumption of risk and waiver of claims is a material inducement for MHBB Ventures LLP to provide the Service and shall be interpreted broadly in favour of MHBB Ventures LLP to the maximum extent permitted by applicable law.

18. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be resolved as follows:

1. Amicable Resolution — The parties shall first attempt to resolve the dispute through good-faith negotiation within thirty (30) days of written notice.
2. Mediation — If negotiation fails, the parties shall attempt mediation administered by a mutually agreed mediator in Mumbai, Maharashtra.
3. Arbitration — If mediation fails, the dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended. The seat of arbitration shall be Mumbai, Maharashtra, India. The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. The language of arbitration shall be English.

Subject to the arbitration clause above, the courts of Mumbai, Maharashtra, India shall have exclusive jurisdiction over any proceedings arising out of or relating to these Terms.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

20. No Waiver

The failure of MHBB Ventures LLP to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by an authorised representative of MHBB Ventures LLP.

21. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and MHBB Ventures LLP regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Service.

22. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and, where practicable, provide notice through the Service interface. Your continued use of the Service after the revised Terms are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Service.

23. Contact

For questions about these Terms, please contact: