Terms of Service
Welcome to Ninchi. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Ninchi Industries ("Ninchi," "we," "us," or "our"). These Terms govern your access to and use of the Ninchi web application, platform, AI tutoring and proctoring services, and any associated software or features (collectively, the "Services"). By registering for an account, accessing, or using the Services, you explicitly agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.
1. Description of Services & Beta Status
Ninchi is a multimodal, real-time AI educational platform that allows users to upload learning materials, generate interactive workspaces ("Notebooks"), and engage in 1:1 video calls with an AI acting as both a tutor and a proctor. The AI processes visual, auditory, and physical inputs (including typing, clicking, drawing, and behavioral signals) to deliver personalized instruction and verify academic integrity. Beta Notice: The Services are currently provided in a "Beta" state. This means the platform is still undergoing active testing and development. You acknowledge and agree that the Services may contain bugs, errors, or inaccuracies, and that Ninchi Industries reserves the right to modify, suspend, or discontinue any part of the Services at any time without prior notice.
2. Eligibility and Account Registration
Age Requirement: You must be at least 13 years of age (or the minimum legal age in your jurisdiction) to use the Services. If you are under 18, you must have the express consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Ninchi Industries immediately of any unauthorized access.
3. Multimodal Data Consent (Audio, Video, and Screen Inputs)
Because Ninchi functions as a real-time tutor and proctor, the Services require access to your device's camera, microphone, and screen activity. Explicit Consent: By using the Services, you grant Ninchi Industries explicit permission to capture, process, and analyze your real-time video feeds, audio recordings, screen shares, keystrokes, and physical interactions (collectively, "Inputs"). Proctoring Integrity: When utilizing Ninchi for proctored sessions or assessments, the AI will monitor behavioral patterns to verify engagement and integrity. You agree not to obscure your camera, mute your microphone without authorization, or otherwise attempt to manipulate the proctoring functions.
4. User Content, Inputs, and Notebooks
Your Inputs: You retain all ownership rights to the raw materials, documents, and content you upload to the Services ("User Content"), as well as your interactions with the AI ("Inputs"). License Granted: By uploading User Content or generating Notebooks, you grant Ninchi Industries a worldwide, non-exclusive, royalty-free, transferable license to host, process, reproduce, and analyze your content solely for the purpose of operating, improving, and providing the Services to you and your designated share recipients. Copyright Restrictions: You represent and warrant that you own or possess the necessary licenses to upload and share your User Content. You may not upload proprietary, copyrighted, or confidential materials for which you lack distribution rights.
5. Acceptable Use Policy
You agree not to use the Services to: - Generate, upload, or share unlawful, harmful, defamatory, sexually explicit, or discriminatory content. - Attempt to reverse-engineer, decompile, scrape, or extract the underlying source code, AI models, or algorithms of the Services. - Intentionally execute prompt injection attacks, "jailbreaks," or otherwise attempt to override the safety and proctoring guidelines of the AI. - Misrepresent your identity during a proctored assessment.
6. Future Paid Plans
Ninchi is currently free. In the future, we may introduce paid features or plans. If we do, we will clearly describe the terms and pricing before you are charged. By continuing to use the Services after such changes are implemented, you agree to the new pricing terms.
7. Disclaimer of Warranties
Ninchi is provided "as is" and "as available." We make no warranties of any kind - express or implied - including fitness for a particular purpose, merchantability, or non-infringement. AI Outputs Disclaimer: AI-generated content (including tutoring advice, feedback, and proctoring assessments) may be incorrect, incomplete, or inappropriate. You are responsible for reviewing and validating all outputs before use. Do not rely on the Services or Outputs in safety-critical or life-critical contexts (e.g., medical or clinical use, emergency services, aviation, automotive control systems, industrial control, energy, defense), or in any scenario where failure could result in personal injury, death, or significant property or environmental damage. Furthermore, Ninchi Industries does not guarantee that the use of the Services will result in improved academic performance, passing grades, or official accreditation from any third-party institution.
8. Limitation of Liability
To the maximum extent permitted by law, Ninchi Industries will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, business, goodwill, or data, arising out of or relating to the Services or Outputs. Our total aggregate liability for all claims will not exceed the greater of (a) USD 100 or (b) the amounts you paid to us for the Services during the twelve (12) months before the event giving rise to the claim. This limitation applies to all theories of liability (contract, tort, statute, and otherwise). This cap does not apply to liability that cannot be limited by law (including death or personal injury caused by negligence, or fraud or willful misconduct). Your indemnification obligations are not limited by this cap.
9. Indemnification
You will indemnify, defend, and hold Ninchi Industries, its affiliates, officers, directors, employees, and agents harmless from any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Services, your Inputs or Outputs, your User Content, your violation of any third-party rights, or your breach of these Terms.
10. Modifications to the Terms
Ninchi Industries reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the platform and updating the "Effective Date." Your continued use of the Services after such updates constitutes your acceptance of the revised Terms.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of your applicable jurisdiction, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the competent courts located within the jurisdiction of Ninchi Industries' headquarters.
For questions about these Terms, contact Ninchi Industries through the official channels provided within the Services.