Last updated: July 19, 2026
These Terms of Use (the "Terms") are a legally binding agreement between Olensys Private Limited, a company incorporated under the laws of India with its registered office in Ahmedabad, Gujarat, India ("Olensys", "we", "us", or "our"), and the entity or person accessing or using the Service ("Customer", "you", or "your"). TheenkAI is a product owned and operated by Olensys Private Limited.
By creating an account, clicking "I agree" (or similar), executing an order form that references these Terms, or accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "you" refers to that entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms or use the Service.
If you have entered into a separately negotiated written agreement with Olensys covering the Service, that agreement governs to the extent it conflicts with these Terms.
2.1 Provision. Subject to these Terms and payment of applicable fees, Olensys grants you a limited, non-exclusive, non-transferable, non-sublicensable (except to Authorized Users and End Users as expressly permitted) right during the subscription term to access and use the Service for your internal business purposes and, where the features so allow, to deploy agents that interact with your End Users.
2.2 Modifications. The Service is a subscription offering that evolves over time. We may modify, add, or discontinue features, provided that we will not materially reduce the core functionality of the Service during a paid subscription term. We may release beta, preview, or early-access features identified as such ("Beta Features"); Beta Features are provided "as is", may be changed or withdrawn at any time, are excluded from any support or availability commitments, and are used at your own risk.
2.3 Support. We provide support for the Service as described on our website or in your Order. Support contact: support@theenk.ai.
2.4 Suspension. We may suspend access to the Service (in whole or in part) immediately if: (a) we reasonably believe your use violates Section 7 (Acceptable Use) or applicable law; (b) your account is overdue on payment; (c) your use poses a security risk to the Service or any third party; or (d) suspension is required by law. We will, where practicable, give notice and an opportunity to cure before or promptly after suspension, and will restore access once the cause is resolved.
3.1 Registration. You must provide accurate, complete, and current registration information and keep it updated. You must be at least 18 years of age and capable of forming a binding contract. The Service is designed for business use and is not offered to consumers or to children.
3.2 Credentials. You are responsible for maintaining the confidentiality of all login credentials and API keys under your account, and for all activities that occur under your account, whether or not authorized by you, except to the extent caused by our breach of these Terms. Notify us immediately at support@theenk.ai of any suspected unauthorized use.
3.3 Authorized Users. You may permit Authorized Users to use the Service up to any limits in your plan or Order. You are responsible for your Authorized Users' compliance with these Terms, and any act or omission of an Authorized User (or anyone using your credentials) is deemed your act or omission.
4.1 Merchant of Record. Purchases of the Service are processed by our authorized reseller and merchant of record, Paddle (Paddle.com Market Ltd and/or its affiliates). When you purchase a subscription, your contract for the purchase transaction (including billing, payment processing, applicable taxes such as GST/VAT/sales tax, invoicing, and transaction-level refunds) is with Paddle, and Paddle's Checkout Buyer Terms apply to the transaction. These Terms continue to govern your access to and use of the Service itself. We may change or add payment processors or merchants of record on notice.
4.2 Subscription and Auto-Renewal. Subscriptions run for the period stated in your Order (e.g., monthly or annual) and automatically renew for successive periods of the same length at the then-current rates unless either party cancels before the end of the current period. You may cancel at any time through your account settings or via Paddle; cancellation takes effect at the end of the current billing period, and you retain access until then.
4.3 Free Trials and Free Tiers. We may offer free trials or free plans. We may modify, limit, or terminate free trials and free plans at any time without liability. At the end of a free trial, your subscription converts to a paid plan only if you affirmatively subscribe (or as otherwise clearly disclosed at signup).
4.4 Fees; No Refunds; Money-Back Window. Except as expressly stated in these Terms or required by applicable law, all fees are non-refundable and non-creditable, and payment obligations are non-cancelable for the committed term. As a limited exception, on your first purchase of a paid subscription you may request a full refund within thirty (30) days of the initial payment by emailing support@theenk.ai, as described in our Refund Policy; this money-back window does not apply to renewals, upgrades, add-ons, usage-based fees, or subsequent purchases. Refunds are processed through Paddle. Nothing in this Section limits any non-waivable statutory refund rights you may have under the consumer laws of your jurisdiction.
4.5 Price Changes. We may change prices with effect from your next renewal by giving notice (email or in-product) at least 30 days before the renewal date. If you do not agree to the new price, your remedy is to cancel before renewal.
4.6 Usage Limits and Overage. Plans may include usage limits (e.g., messages, minutes, agents, seats, tokens). We may throttle, suspend, or charge for usage exceeding plan limits as described in the plan or Order.
4.7 Taxes. Fees are exclusive of taxes unless stated otherwise. Where Paddle acts as merchant of record, Paddle calculates, collects, and remits applicable transaction taxes.
5.1 Your Ownership. As between the parties, you own all right, title, and interest in and to Customer Content. Olensys acquires no rights in Customer Content other than the limited license below.
5.2 License to Us. You grant Olensys a worldwide, non-exclusive, royalty-free license to host, copy, transmit, process, display, and otherwise use Customer Content solely as necessary to (a) provide, maintain, secure, and support the Service; (b) prevent or address technical or security issues; (c) comply with law; and (d) as otherwise instructed by you.
5.3 No Training on Customer Content. Olensys does not use Customer Content or Output to train or fine-tune generalized artificial intelligence or machine learning models, and we contractually require our third-party AI model providers not to use Customer Content submitted through our API integrations to train their models. We may generate and use anonymized, aggregated statistics about use of the Service (which do not identify you, your Authorized Users, or your End Users and do not include the substance of Customer Content) to operate and improve the Service.
5.4 Output. Subject to your compliance with these Terms, and as between you and Olensys, we assign to you our right, title, and interest (if any) in Output generated for you. You acknowledge that: (a) due to the nature of AI, Output may not be unique, and the Service may generate the same or similar output for other customers; and (b) your rights in Output are subject to third parties' rights and applicable law, and we make no representation that Output does not infringe third-party rights or that it is protectable by intellectual-property law.
5.5 Output Is Not Advice — Human Review Required. AI-generated Output is probabilistic and may be inaccurate, incomplete, offensive, or misleading, and may not reflect real facts, people, or events. Output does not constitute professional advice of any kind (including legal, medical, financial, accounting, or tax advice). You are solely responsible for evaluating Output before relying on it, acting on it, publishing it, or providing it to End Users or other third parties, and for any decisions or actions taken based on Output — including actions taken autonomously by AI agents you configure. You must not represent Output as human-generated where it is not, if doing so would be deceptive or violate applicable law.
5.6 Responsibility for Customer Content. You represent and warrant that you have all rights, consents, and lawful bases necessary to submit Customer Content to the Service and to permit its processing as described in these Terms, and that Customer Content and your use of it do not violate applicable law or third-party rights.
5.7 Data Protection. Each party will comply with applicable data protection laws. Our processing of personal data within Customer Content on your behalf is described in our Privacy Policy and, where applicable, a Data Processing Agreement ("DPA") which is incorporated into these Terms for customers whose use is subject to the GDPR, UK GDPR, or similar laws. To request execution of the DPA, contact support@theenk.ai. For account, billing, and website data, Olensys acts as a data fiduciary/controller as described in the Privacy Policy. For End User Data, you are the data fiduciary/controller and Olensys is your data processor, acting on your documented instructions.
5.8 Data Export and Deletion. During your subscription and for thirty (30) days after termination or expiry, you may export Customer Content using the Service's export features or by written request. After that period, we may delete Customer Content from our systems within a commercially reasonable time, except for backup copies deleted in the ordinary course and data we must retain by law.
6.1 End User Deployments. Where you deploy the Service to interact with End Users (e.g., an AI chat widget, autonomous agent, or voice agent), you are solely responsible for: (a) your relationship with End Users, including all disclosures, notices, terms, and privacy policies presented to them; (b) obtaining all legally required consents from End Users for the collection, recording, and processing of their data through the Service; (c) the instructions, prompts, knowledge bases, and configurations you give your agents; and (d) all interactions between your agents and End Users, including autonomous actions.
6.2 AI and Bot Disclosure. Where required by applicable law (including laws requiring disclosure that a person is interacting with a bot or an AI system), you must clearly disclose to End Users that they are interacting with an AI system and not a human.
6.3 Voice and Call Compliance. If you use voice-agent features, you are solely responsible for compliance with all laws governing telephone calls, voice recording, and automated or prerecorded voice communications in every jurisdiction where your End Users are located — including call-recording consent laws (one-party/two-party consent), telemarketing and do-not-call rules (such as the US TCPA and TSR, and TRAI regulations in India), caller-ID requirements, and any prohibitions on automated calling. You must not use the Service for robocalls, cold-call telemarketing, or automated outbound calling except in compliance with applicable law and with all required consents.
6.4 Prohibited Reliance Uses. You must not use the Service, and must not permit End Users to use your deployments, as the sole basis for decisions with legal or similarly significant effects on individuals (including decisions about employment, credit, insurance, housing, education, medical treatment, or legal rights) without appropriate human review, nor in any manner classified as a prohibited practice under applicable AI regulation (including, where applicable, the EU AI Act). If your use case qualifies as a "high-risk" AI system under applicable law, you are the deployer of that system and are responsible for the corresponding compliance obligations.
You must not, and must not permit any Authorized User or End User to:
We may investigate suspected violations and may remove or disable access to any Customer Content or deployment that we reasonably believe violates this Section, with notice where practicable.
8.1 Our IP. Olensys and its licensors own all right, title, and interest in and to the Service, the underlying software, models, algorithms, interfaces, designs, Documentation, and all improvements and derivatives thereof, together with all associated intellectual-property rights, including the "TheenkAI" and "Olensys" names, logos, and trademarks. Except for the limited rights expressly granted in these Terms, no rights are granted to you, whether by implication, estoppel, or otherwise.
8.2 Feedback. If you provide suggestions, ideas, or feedback about the Service, you grant Olensys a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without restriction or compensation, and without any obligation of confidentiality.
8.3 Publicity. We may identify you by name and logo as a customer in our marketing materials unless you opt out by emailing support@theenk.ai.
The Service interoperates with third-party services, including AI model providers (such as OpenAI, Anthropic, and Google), cloud hosting providers, telephony carriers, and any integrations you choose to connect. Your use of a third-party service is governed by that third party's terms, and Olensys is not responsible for third-party services, their availability, or their acts or omissions. If you enable an integration, you authorize us to exchange Customer Content with that third party as needed to provide the integration.
10.1 "Confidential Information" means non-public information disclosed by one party to the other that is designated confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure. Customer Content is your Confidential Information; the Service, its non-public features, pricing, and security information are ours.
10.2 The receiving party will: (a) use the disclosing party's Confidential Information only to perform under these Terms; (b) protect it with at least reasonable care; and (c) not disclose it except to employees, affiliates, and contractors who need to know it and are bound by confidentiality obligations at least as protective. Confidential Information excludes information that is or becomes public without breach, was lawfully known before disclosure, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information to the extent required by law or court order, with prior notice to the other party where legally permitted.
10.3 Confidentiality obligations survive for five (5) years after termination, and indefinitely for trade secrets.
11.1 Mutual. Each party represents that it has the legal power to enter into these Terms.
11.2 By Olensys. We warrant that the Service will perform materially in accordance with the Documentation under normal use. Your exclusive remedy for breach of this warranty is that we will use commercially reasonable efforts to correct the non-conformity, and if we cannot do so within a reasonable time, you may terminate the affected subscription and receive a pro-rata refund of prepaid fees for the unused remainder of the term.
11.3 Disclaimer. EXCEPT AS EXPRESSLY STATED IN SECTION 11.2, THE SERVICE, ALL OUTPUT, AND ALL BETA FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. OLENSYS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, OLENSYS DOES NOT WARRANT THAT: (a) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (b) OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, LAWFUL FOR YOUR INTENDED USE, OR FREE OF THIRD-PARTY RIGHTS; OR (c) THE SERVICE WILL MEET YOUR REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
12.1 Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA (OTHER THAN OUR DATA-HANDLING OBLIGATIONS EXPRESSLY STATED IN THESE TERMS), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY (OR, IF YOU ARE ON A FREE PLAN OR TRIAL, INR 10,000).
12.3 Exceptions. The exclusions and cap above do not apply to: (a) your payment obligations; (b) your indemnification obligations under Section 13 and liability arising from your breach of Sections 6 (End Users; Voice Compliance) or 7 (Acceptable Use); (c) either party's infringement or misappropriation of the other's intellectual-property rights; or (d) liability that cannot be limited under applicable law (including liability for fraud, willful misconduct, or death or personal injury caused by negligence).
12.4 Basis of the Bargain. The parties agree that the limitations in this Section 12 reflect the allocation of risk between them and are an essential basis of the bargain, and that they apply even if a limited remedy fails of its essential purpose.
13.1 By You. You will defend, indemnify, and hold harmless Olensys, its affiliates, and their officers, directors, employees, and agents from and against any third-party claims, demands, proceedings, and all resulting losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) Customer Content; (b) your deployments to End Users, including voice-agent calls, recordings, and autonomous agent actions; (c) your breach of Sections 5.6, 6, or 7 or of applicable law; or (d) your products, services, or your relationship with your End Users.
13.2 By Olensys. We will defend you against any third-party claim alleging that the Service (excluding Customer Content, Output, third-party services, and combinations with items not provided by us) infringes that third party's intellectual-property rights, and will indemnify you against amounts finally awarded or agreed in settlement of such claim. If such a claim arises or is likely, we may, at our option: (a) procure the right for you to continue using the Service; (b) modify or replace the Service so it is non-infringing; or (c) terminate the affected subscription and refund prepaid fees for the unused remainder of the term. This Section states our entire liability and your exclusive remedy for infringement claims.
13.3 Procedure. The indemnified party must promptly notify the indemnifying party of the claim (failure to do so relieves the indemnifying party only to the extent it is prejudiced), give the indemnifying party sole control of the defense and settlement (provided any settlement releases the indemnified party unconditionally and imposes no obligation on it), and provide reasonable cooperation at the indemnifying party's expense.
14.1 Term. These Terms take effect when you first accept them and continue until all subscriptions have expired or been terminated and your account is closed.
14.2 Termination for Cause. Either party may terminate these Terms or an affected Order on written notice if the other party: (a) materially breaches these Terms and fails to cure within thirty (30) days of notice (or immediately for breaches of Sections 6, 7, or 10 that are incapable of cure); or (b) becomes insolvent or subject to bankruptcy, winding-up, or similar proceedings.
14.3 Termination by Us. We may also terminate free accounts, free trials, and inactive accounts on reasonable notice.
14.4 Effect. On termination or expiry: (a) your right to access the Service ends; (b) you must pay all fees accrued through the effective date (and, if you committed to a term, fees for the remainder of that term unless you terminated for our uncured material breach); (c) data export and deletion are handled per Section 5.8; and (d) Sections 4.4, 5.4–5.6, 8, 10, 11.3, 12, 13, 14.4, 15, and 16 survive.
15.1 Governing Law. These Terms and any dispute arising out of or in connection with them (including non-contractual disputes) are governed by the laws of India, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
15.2 Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms or the Service, including their existence, validity, interpretation, breach, or termination, shall be finally resolved by binding arbitration under the (Indian) Arbitration and Conciliation Act, 1996, as amended. The tribunal shall consist of a sole arbitrator appointed in accordance with that Act. The seat and venue of arbitration shall be Ahmedabad, Gujarat, India, and the language of arbitration shall be English. The arbitrator's award shall be final and binding on the parties. Each party shall bear its own costs unless the arbitrator directs otherwise.
15.3 Exceptions. Nothing in this Section prevents either party from seeking interim or injunctive relief from a court of competent jurisdiction to protect its intellectual property or Confidential Information, or from pursuing undisputed fee collection. Subject to the arbitration agreement above, the courts at Ahmedabad, Gujarat, India shall have exclusive jurisdiction.
15.4 No Class Actions. To the maximum extent permitted by law, disputes will be resolved on an individual basis only, and neither party may bring a claim as a plaintiff or class member in any purported class, collective, or representative proceeding.
16.1 Notices. We may give notices to you by email to the address on your account, through the Service, or by posting on theenk.ai; notices are deemed given when sent or posted. You may give notice to Olensys Private Limited at its registered office in Ahmedabad, Gujarat, India, with a copy by email to support@theenk.ai; your notices are deemed given on receipt.
16.2 Changes to These Terms. We may update these Terms from time to time. For material changes, we will give at least 30 days' notice by email or in-product before the changes take effect; non-material changes take effect on posting. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree to a material change, you may terminate the affected subscription before the change takes effect and receive a pro-rata refund of prepaid, unused fees.
16.3 Export and Sanctions. You represent that you are not located in, or a resident or national of, any country subject to comprehensive sanctions, and are not on any sanctions or restricted-party list. You must comply with applicable export-control and sanctions laws in your use of the Service.
16.4 Anti-Corruption. Each party will comply with applicable anti-bribery and anti-corruption laws.
16.5 Force Majeure. Neither party is liable for failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, internet or utility failures, denial-of-service attacks, or acts of government.
16.6 Assignment. You may not assign or transfer these Terms without our prior written consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets, with notice to us. We may assign these Terms to an affiliate or in connection with a merger, acquisition, financing, or sale of assets. Any assignment in violation of this Section is void.
16.7 Relationship. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship.
16.8 Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms, except that Olensys affiliates and the indemnified parties in Section 13.1 may enforce the provisions benefiting them.
16.9 Severability; Waiver. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. A waiver is effective only if in writing and does not waive any subsequent breach.
16.10 Entire Agreement; Order of Precedence. These Terms, together with the Privacy Policy, Cookie Policy, any DPA, and your Orders, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous agreements and understandings on that subject. In case of conflict: (1) a mutually executed Order or written agreement, (2) the DPA (for data-protection matters), (3) these Terms, (4) the Documentation. No terms in your purchase order or similar document will apply.
16.11 Interpretation. Headings are for convenience only. "Including" means "including without limitation."
For questions, notices, support, or grievances regarding the Service or these Terms, contact:
Olensys Private Limited Registered office: Ahmedabad, Gujarat, India Email: support@theenk.ai Grievance Officer (under applicable Indian law): Krishnal Jadav, reachable at support@theenk.ai
We endeavor to acknowledge grievances within the timelines prescribed by applicable Indian law.
