Terms and Conditions

ProKai
Disclaimer: This Terms and Conditions document is provided for informational purposes only and does not constitute legal advice. ProKai recommends that users consult with qualified legal professionals to ensure compliance with applicable laws and to address any specific concerns. ProKai is not responsible for any reliance on this document.

Introduction

These Terms and Conditions ("Terms") govern your access to and use of the ProKai mobile application ("App"), website (if applicable), and related services ("Services") provided by ProKai, an Indian edtech startup registered under the Udyam Registration as a micro, small, or medium enterprise (MSME). ProKai's sole role is to sell high-quality, AI-powered prompt scripts designed for exam preparation, which users can utilize with third-party AI chatbots to generate study materials. ProKai does not guarantee exam success, AI performance, or any outcomes, as these depend entirely on the user's effort, dedication, and external factors beyond ProKai's control. The Services are limited to providing these digital scripts for one-time fees, enabling users to access exam-specific tools (Basic, Pro, or God/Advanced levels) that facilitate personalized learning via AI.

By downloading, installing, accessing, or using the App or Services, you agree to be bound by these Terms, our Privacy Policy (incorporated by reference), and any additional guidelines or rules posted within the App. If you do not agree, you must not use the Services. These Terms form an electronic contract under the Information Technology Act, 2000 (IT Act), and are compliant with the Consumer Protection Act, 2019, and the Digital Personal Data Protection Act, 2023 (DPDP Act). ProKai reserves the right to modify these Terms at any time, with changes effective upon posting in the App or notification via email. Continued use constitutes acceptance of the updated Terms.

Clear Instructions for Users :

What to Do (Right Actions):

Read and understand these Terms fully before using the App or Services. If you agree, proceed with registration and purchases. This ensures you are aware of your rights and responsibilities, and ProKai can provide Services without disputes.

What Not to Do (Wrong Actions):

Do not use the Services if you disagree with any part of these Terms. Do not assume ProKai guarantees exam results or AI accuracy—these are your responsibility.

Responsibilities:

It is your responsibility to review updates to these Terms regularly. ProKai's responsibility is limited to notifying you of changes via email or in-app; you are responsible for continued compliance. Failure to do so may lead to termination of access, and you bear the responsibility for any resulting issues.

Acceptance of Terms

Your use of the App or Services, including registration, purchasing scripts, or participating in the referral program, signifies your unconditional acceptance of these Terms and agreement to comply with them. You represent that you have read and understood these Terms and any linked policies. In case of any conflict between these Terms and other documents, these Terms shall prevail. If you are accessing the Services on behalf of another person or entity, you warrant that you have the authority to bind them to these Terms. You acknowledge that ProKai's responsibility is strictly limited to delivering the purchased scripts, and all other aspects, such as study outcomes or AI interactions, are solely your responsibility.

Clear Instructions for Users :

What to Do (Right Actions):

Explicitly agree to these Terms by checking the acceptance box during registration or purchase. If representing someone else, ensure you have legal authority and inform them of these Terms.

What Not to Do (Wrong Actions):

Do not proceed if you haven't read or understood the Terms. Do not misrepresent your authority if accessing on behalf of others—this could lead to invalid contracts.

Responsibilities:

It is your responsibility to ensure acceptance is genuine and informed. ProKai's responsibility ends at providing the Terms; any disputes from non-acceptance or misrepresentation are your responsibility, potentially leading to account termination or legal issues.

User Eligibility and Accounts

To use the Services, you must be at least 18 years old or the age of majority in your jurisdiction, and capable of entering into a binding contract under the Indian Contract Act, 1872. Minors (under 18) may use the Services only with the express consent and supervision of a parent or legal guardian, who agrees to be bound by these Terms on their behalf. ProKai targets users preparing for Indian competitive exams, and assumes users are adults unless otherwise indicated.

Account creation requires providing accurate information, including a valid email address for sign-in and media file access permissions for optional profile customization (e.g., uploading photos). You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify ProKai immediately at prokai.team@gmail.com of any unauthorized access. ProKai may suspend or terminate your account if we suspect misuse, fraud, or violation of these Terms, without liability. Accounts are non-transferable, and you agree not to share login details or scripts with others, as this violates our no-sharing policy. You understand that your success in using the scripts depends on your own efforts, and ProKai bears no responsibility for your personal outcomes.

In compliance with Google Play policies, we collect minimal user data (e.g., email for authentication) and ensure permissions are justified and transparent. You consent to ProKai contacting you via email, WhatsApp, or in-app notifications for service-related updates, promotions, or support, even if registered under Do Not Disturb (DND) services, as permitted for transactional communications.

Clear Instructions for Users :

What to Do (Right Actions):

Provide accurate personal information during account creation and immediately report any unauthorized access. Use the account only for personal purposes and keep credentials secure. If a minor, obtain parental consent and supervision before use.

What Not to Do (Wrong Actions):

Do not provide false information, share accounts or scripts, or allow unauthorized access. Minors must not use the Services without guardian consent. Do not ignore notifications of suspected misuse.

Responsibilities:

It is your responsibility to ensure eligibility, maintain account security, and report issues promptly. ProKai's responsibility is limited to providing secure authentication; any losses from account misuse (e.g., fraudulent purchases) are your responsibility, and ProKai may terminate access without refund.

Services and Products

ProKai's primary function is to sell high-quality AI prompt scripts tailored to exams such as SSC, UPSC, CBSE, JEE, NEET, GATE, and others, available in multiple languages (e.g., English, Hindi, Tamil, Bengali). These scripts are categorized into Basic (3-year analysis), Pro (5-year), and God/Advanced (10-year) levels, offering features like unlimited MCQs, topic weightage tables, study plans, and interactive commands (e.g., "nex" for next questions, "Fqr" for explanations). ProKai does not create, host, or control the AI outputs; it only provides the scripts as tools for users to input into third-party AI chatbots (e.g., ChatGPT, Gemini, Grok, Claude, DeepSeek).

Scripts are delivered instantly upon purchase via the App, email, or WhatsApp. ProKai emphasizes that while the scripts are designed based on historical exam data to enhance preparation efficiency, the actual generation of study materials occurs through third-party AIs, over which ProKai has no control. Users must independently access these AIs, and ProKai disclaims any responsibility for their performance, accuracy, availability, updates, or any resulting content. Exam success, learning outcomes, or any benefits derived from the scripts depend entirely on the user's dedication, proper usage, verification of AI-generated materials, and personal circumstances—factors wholly in the user's hands. ProKai makes no representations or warranties regarding exam results, AI reliability, or educational efficacy, and users are strongly advised to independently verify all AI outputs for accuracy and relevance.

The Services are provided "as is" without warranties of merchantability, fitness for a particular purpose, or non-infringement. The App is rated "Everyone" on Google Play and requires no subscriptions—only one-time purchases. ProKai may update, modify, or discontinue Services or features at any time without notice or liability. Use is for personal, non-commercial educational purposes only; no resale, sharing, or modification of scripts is permitted. ProKai's liability is strictly confined to the delivery of the scripts, and no further obligations exist.

Clear Instructions for Users :

What to Do (Right Actions):

Use the scripts solely for personal exam preparation by inputting them into third-party AIs. Verify all AI-generated content for accuracy before relying on it. Report any service issues to prokai.team@gmail.com. If Services are updated, review changes to continue use.

What Not to Do (Wrong Actions):

Do not resell, share, modify, or use scripts for commercial purposes. Do not hold ProKai responsible for AI outputs, exam results, or third-party AI issues. Do not assume warranties beyond script delivery.

Responsibilities:

It is your responsibility to access and use third-party AIs correctly, verify content, and achieve outcomes through your efforts. ProKai's responsibility is limited to providing the scripts; any misuse or reliance on unverified content is your responsibility, potentially leading to no liability for ProKai in disputes or failures.

Payments and Refunds

All payments are processed securely through Razorpay, supporting UPI (e.g., PhonePe, GPay), credit/debit cards, net banking, and other methods. By paying, you agree to Razorpay's terms (available at https://razorpay.com/terms/). Prices start at ₹250 for Basic scripts, varying by exam complexity and level, exclusive of applicable taxes (e.g., GST). Payments are one-time, with no recurring charges or subscriptions.

Due to the digital nature of the products (instant delivery and access), all sales are final, and no refunds are provided, except in verified cases of technical errors (e.g., non-delivery) at ProKai's discretion. Refunds, if approved, will be processed within 14 business days to the original payment method, less any processing fees. You must display and agree to this no-refund policy during checkout, as required by Consumer Protection Act, 2019, and Razorpay guidelines. ProKai is not liable for payment failures due to bank, network, or user errors. Your purchase confirms understanding that ProKai's role ends with script delivery, and any subsequent use or outcomes are your sole responsibility.

If payment is successful but the script is not delivered, contact ProKai within 5 days at prokai.team@gmail.com with transaction ID, order ID, and payment screenshot to receive the script. If you do not contact within 5 days, ProKai will automatically initiate a full refund, which will be processed to your original payment method within 14 business days, less any processing fees.

If the payment is unsuccessful (e.g., funds not received by ProKai), no script will be delivered, and the issue lies with your payment gateway (e.g., Google Pay, Paytm) or bank, not ProKai. ProKai has no involvement or liability in such cases.

For payments in a pending state, ProKai will attempt to resolve issues originating from its side within 48 to 72 hours. If the pending status resolves to successful within this timeframe, the script will be delivered via your payment history. If it resolves to unsuccessful, or if the issue stems from your bank or payment gateway (e.g., Google Pay, Paytm), it is your and your bank's responsibility, not ProKai's.

In scenarios where payment is debited from your bank but not received by ProKai, the transaction will be considered unsuccessful by ProKai, and no script will be delivered. This is the responsibility of you and your bank, not ProKai.

Clear Instructions for Users :

What to Do (Right Actions):

Agree to the no-refund policy at checkout. If payment succeeds but script not delivered, contact ProKai within 5 days with required details (transaction ID, order ID, screenshot) to receive the script. For pending payments, wait 48-72 hours and check your payment history. If unsuccessful, contact your bank/gateway.

What Not to Do (Wrong Actions):

Do not dispute payments without contacting ProKai first. Do not assume refunds for digital products after delivery or for user/bank errors. Do not ignore the 5-day contact window if script not delivered.

Responsibilities:

It is your responsibility to verify payment status, contact ProKai promptly with evidence for non-delivery, and resolve bank/gateway issues. ProKai's responsibility is limited to processing approved refunds within 14 business days or delivering scripts upon verification; any delays or errors from your bank/gateway are your responsibility.

Affiliate/Referral Program

ProKai offers a referral program where users can share unique referral links or codes via the App. If a referred user downloads the App and purchases a script, the referrer earns a commission of up to 10% of the purchase price (net of taxes), credited to their in-app wallet. Commissions vary by script level and are subject to verification (e.g., no self-referrals or spam).

Wallets may have minimum withdrawal thresholds, and funds are withdrawable via approved methods (e.g., bank transfer), compliant with Indian tax laws. ProKai reserves the right to modify commission rates, suspend accounts for abuse (e.g., fraudulent referrals), or terminate the program without notice. Participants grant ProKai a license to use referral data for program administration and marketing. This program complies with Google Play policies on monetization and user incentives. Earnings are for personal use; no guarantees on income, and users are responsible for any applicable taxes. ProKai's involvement is limited to facilitating the program, with no responsibility for users' promotional activities or results.

Clear Instructions for Users :

What to Do (Right Actions):

Share referral links ethically, ensure referred users make genuine purchases, and verify commissions in your wallet. Withdraw funds only after meeting thresholds and complying with tax laws.

What Not to Do (Wrong Actions):

Do not create self-referrals, spam links, or engage in fraudulent activities to earn commissions. Do not make misleading claims about earnings potential.

Responsibilities:

It is your responsibility to promote ethically, report abuse, and handle taxes on earnings. ProKai's responsibility is limited to crediting verified commissions; any misuse or promotional issues are your responsibility, potentially leading to program suspension.

Intellectual Property

All content in the App and Services, including scripts, designs, text, graphics, logos, and software ("Content"), is owned by ProKai or its licensors and protected under Indian copyright laws, trademarks, and international treaties. You are granted a limited, non-exclusive, non-transferable license to access and use the Content for personal educational purposes only.

You may not copy, modify, distribute, reverse engineer, decompile, or create derivative works from the Content without prior written consent. Scripts are licensed for individual use; sharing or reselling violates this license and may result in account termination.

User-uploaded content (e.g., profile photos) grants ProKai a worldwide, royalty-free license to use, store, and display it for App functionality. ProKai respects third-party IP and will respond to valid takedown notices under the IT Act. ProKai's IP rights are strictly enforced to protect the quality of its scripts, but enforcement does not extend to user-generated outcomes.

Clear Instructions for Users :

What to Do (Right Actions):

Use Content only for personal study, upload only non-infringing material for profiles, and report any suspected IP violations to ProKai.

What Not to Do (Wrong Actions):

Do not copy, share, resell, or modify scripts/Content. Do not upload infringing or harmful material.

Responsibilities:

It is your responsibility to ensure your use complies with IP laws and to avoid violations. ProKai's responsibility is limited to enforcing its rights; any infringement by you is your responsibility, potentially leading to legal action or termination.

User Conduct and Responsibilities

You agree to use the Services lawfully and ethically, complying with all applicable laws, including the IT Act and Consumer Protection Act. Prohibited activities include: (a) sharing, reselling, or unauthorized distribution of scripts; (b) uploading harmful, obscene, defamatory, or infringing content; (c) harassing others or spamming referrals; (d) using automated tools to scrape or disrupt the App; (e) making misleading claims about ProKai or AI outputs; (f) engaging in fraudulent transactions or chargebacks.

You are solely responsible for your interactions with third-party AIs, verifying their outputs, and ensuring your own study efforts lead to desired results. ProKai is not liable for any harm from misuse or reliance on unverified content. Report violations to prokai.team@gmail.com. Breaches may lead to suspension, termination, or legal action. You acknowledge that while ProKai provides high-quality scripts, all subsequent actions and outcomes are entirely in your control.

Clear Instructions for Users :

What to Do (Right Actions):

Use Services ethically, verify AI content, report violations promptly, and comply with laws. Engage in referrals honestly without spam.

What Not to Do (Wrong Actions):

Do not share/resell scripts, upload harmful content, harass/spam, scrape the App, make false claims, or commit fraud/chargebacks.

Responsibilities:

It is your responsibility to conduct yourself lawfully and verify all interactions/outcomes. ProKai's responsibility is limited to providing Services; any breaches or resulting harm are your responsibility, potentially leading to termination or legal consequences.

Privacy and Data Protection

Your privacy is governed by our Privacy Policy, which details collection, use, and protection of personal data (e.g., email, profile photos) under the DPDP Act, 2023, and IT Act. We collect minimal data for authentication, profile features, and service delivery, with media permissions limited to uploads. Data may be shared with Razorpay for payments and affiliates for program administration, but not sold to third parties. You consent to data processing for these purposes and can request access, correction, or deletion via support. We implement reasonable security measures but disclaim liability for breaches beyond our control. ProKai's data handling is limited to facilitating script delivery and App functionality, with no involvement in user study data or AI interactions.

Clear Instructions for Users :

What to Do (Right Actions):

Provide accurate data, consent to processing as specified, and request data access/correction/deletion if needed via support.

What Not to Do (Wrong Actions):

Do not provide false data or misuse permissions. Do not expect ProKai to handle study/AI data.

Responsibilities:

It is your responsibility to manage your data consents and report breaches. ProKai's responsibility is limited to reasonable security; any unauthorized access or misuse is your responsibility if from your end.

Limitations of Liability

The Services are provided "as is" without warranties. ProKai explicitly disclaims any responsibility beyond the sale and delivery of high-quality exam scripts. Exam success, AI-generated content accuracy, learning outcomes, or any other results depend solely on the user's dedication, proper usage, and external factors (e.g., third-party AI performance, personal effort)—matters entirely in the user's or third parties' hands. ProKai, its founders, affiliates, and partners disclaim all liability for indirect, incidental, consequential, or punitive damages, including lost profits, data loss, or failure to achieve educational goals, arising from use of the App, scripts, or third-party AIs. We are not liable for exam failures, AI inaccuracies, payment disputes, or external factors (e.g., internet outages). This aligns with Razorpay's liability caps and Google Play guidelines.

Clear Instructions for Users :

What to Do (Right Actions):

Use scripts responsibly, verify AI outputs, and accept that outcomes are your effort's result.

What Not to Do (Wrong Actions):

Do not hold ProKai liable for AI issues, exam failures, or external damages.

Responsibilities:

It is your responsibility to manage risks and outcomes. ProKai's responsibility ends at script delivery; any damages or failures are your responsibility.

Indemnification

You agree to indemnify, defend, and hold harmless ProKai, its officers, directors, employees, and agents from any claims, losses, liabilities, or expenses (including legal fees) arising from your breach of these Terms, misuse of Services, violation of laws, or infringement of third-party rights. This includes any issues stemming from your use of scripts with third-party AIs or failure to achieve personal outcomes, as ProKai's role is limited to script provision.

Clear Instructions for Users :

What to Do (Right Actions):

Comply with Terms to avoid breaches; defend ProKai if your actions cause claims.

What Not to Do (Wrong Actions):

Do not breach Terms or infringe rights, leading to claims against ProKai.

Responsibilities:

It is your responsibility to cover costs if your actions harm ProKai. ProKai's responsibility is none in such cases.

Termination

ProKai may terminate your access to the Services at any time for violations, without notice or refund. Reasons for termination include, but are not limited to: (a) sharing, reselling, or unauthorized use of scripts; (b) fraudulent activities, such as fake referrals or chargebacks; (c) uploading harmful or infringing content; (d) spamming, harassment, or disrupting the App; (e) making misleading claims about ProKai; (f) any breach of these Terms, laws, or policies.

Upon termination, your license to Content ends, and you must delete all scripts. You may terminate by uninstalling the App and requesting account deletion via email. Surviving provisions include IP, liability, indemnification, and governing law.

Clear Instructions for Users :

What to Do (Right Actions):

Use Services compliantly; request deletion if terminating. Delete scripts post-termination.

What Not to Do (Wrong Actions):

Do not violate Terms, leading to termination. Do not continue using scripts after termination.

Responsibilities:

It is your responsibility to comply to avoid termination. ProKai's responsibility is to enforce Terms; any losses from termination are your responsibility.

Governing Law and Dispute Resolution

These Terms are governed by Indian laws, without regard to conflict principles. Any disputes shall be resolved exclusively in the courts of Delhi, India. For consumer disputes, you may approach consumer forums under the Consumer Protection Act, 2019. We encourage informal resolution via support before escalation.

Clear Instructions for Users :

What to Do (Right Actions):

Attempt informal resolution via prokai.team@gmail.com before legal action.

What Not to Do (Wrong Actions):

Do not escalate disputes without trying informal methods.

Responsibilities:

It is your responsibility to resolve disputes per these rules. ProKai's responsibility is to cooperate in informal resolutions.

Google AdMob Policy Compliance

ProKai complies with Google AdMob program policies (which incorporate AdSense policies) for all advertisements displayed in the App, including rewarded ads used to promote or unlock access to our Basic level scripts. We use AdMob to offer users two options for acquiring the Basic script:
(1) purchase with money via Razorpay, or
(2) watch rewarded ads to unlock it for free (no cost, but ads must be viewed completely to receive the script). Pro and God/Advanced level scripts are available only through monetary purchase—no ad-based free access is provided for these tiers

Key Compliance Details:

For more details, refer to Google AdMob policies and AdSense policies.Violations may result in ad suspension or account termination. Contact prokai.team@gmail.com for queries.

Miscellaneous

These Terms constitute the entire agreement, superseding prior understandings. If any provision is unenforceable, the remainder remains valid. Waivers must be in writing. ProKai may assign these Terms without consent. Force majeure events (e.g., natural disasters) excuse performance. Notices shall be via email or in-app. For questions, contact prokai.team@gmail.com.

Clear Instructions for Users :

What to Do (Right Actions):

Treat these Terms as final; seek waivers in writing if needed.

What Not to Do (Wrong Actions):

Do not rely on prior agreements or verbal waivers.

Responsibilities:

It is your responsibility to comply with all provisions. ProKai's responsibility is to provide notices; any non-compliance issues are yours.

Agreement Acknowledgment

By using the Services, you acknowledge having read and agreed to these Terms.

Contact Information

For questions, support, or concerns regarding these Terms and Conditions:


prokai.team@gmail.com