Terms of Service

• “Service” means the Upfyn desktop application, its companion web interface, accounts, APIs, and related services.
• “User”, “you” means any individual or entity that creates an account or uses the Service.
• “Content” means the code, files, prompts, data, and materials you create, upload, transmit, or process through the Service.
• “API Keys” means credentials you supply for third-party AI providers to enable AI features (“bring your own keys”).

Upfyn is an AI-powered desktop application with Analyst and Developer modes, focused apps, and companion web access. The desktop is the execution engine for local projects, files, tools, and machine actions.

Your local project is not automatically uploaded or backed up by Upfyn. You may choose hosted features that store selected uploads, generated media, account data, or conversation text. Local operations execute on your machine, and you remain responsible for backups and version control. Remote access and scheduled work that need local resources require the desktop to be running and connected.

You must be at least 18 years old and able to form a binding contract to use the Service. You agree to provide accurate, current, and complete information and to keep it updated.

You are responsible for safeguarding your account credentials and for all activity under your account. Notify us promptly at support@thinqmesh.com of any unauthorised use or security breach. You may sign in with an email and password or a supported provider such as Google.

The Service may include a free tier, paid plans, and separately purchased or granted credits. Current features, allowances, billing periods, and prices are shown on the pricing page or at checkout before you purchase.

• Payments are processed by our payment partner, Razorpay. By subscribing, you authorise recurring charges for the plan you select until you cancel.
• Fees are stated exclusive of taxes unless noted; you are responsible for applicable taxes (including GST).
• Paid plans renew automatically at the end of each billing period at the then-current price unless cancelled before renewal.
• We may change prices or plan features; we will give reasonable prior notice, and changes apply from your next billing cycle.
• You are responsible for any costs charged by your third-party AI providers when you use your own API keys.

You may cancel your subscription at any time; cancellation takes effect at the end of the current paid period and you retain access until then. Except where required by law, fees are non-refundable. Full details are in our Refund & Cancellation Policy.

You retain all rights to your Content. Thinqmesh claims no ownership of the code, files, or other materials you create or process through the Service.

You grant us only the limited, technical permissions necessary to operate the Service for you (for example, to route your session between your machine and your browser). We do not use your Content to train AI models.

You are solely responsible for your Content and for ensuring you have the rights to use it and that it does not infringe others’ rights or violate law.

AI features may use a provider key you supply, a compatible local model, the UpfynAI gateway, or a supported authenticated CLI route. Your own provider keys are stored locally. Prompts and required context are sent through the route you select and are also subject to that provider’s terms. AI output is provided “as is” and may be inaccurate, incomplete, biased, or insecure.

You are solely responsible for reviewing, testing, and validating any AI-generated output before relying on or deploying it. We make no warranty as to the accuracy, completeness, or fitness for any purpose of AI output.

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms. Violations may result in suspension or termination.

Open-source components of Upfyn are made available under their respective open-source licences (including the GNU General Public License v3.0 where applicable), with source code available on our public repository. Those licences govern your rights in those components.

The hosted Service, our infrastructure, and the “Upfyn” and “Thinqmesh” names, logos, and branding are the property of Thinqmesh Technologies Private Limited and may not be used without our prior written permission. Except for the open-source licences above, no rights are granted to you other than the limited right to use the Service under these Terms.

The Service integrates third-party services (for example Google for sign-in, your chosen AI providers, and Razorpay for payments). Your use of those services is subject to their own terms and privacy policies. We are not responsible for third-party services and do not control them. See our Sub-processors page.

Our Privacy Policy explains how we handle personal data and is incorporated into these Terms by reference.

We aim for high availability but do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. The Service depends on your machine being online and connected. We may modify, suspend, or discontinue the Service or any feature at any time, and will make reasonable efforts to give notice of material changes. We are not liable for any modification, suspension, or discontinuation.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service or any AI output will meet your requirements or be error-free.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THINQMESH TECHNOLOGIES PRIVATE LIMITED AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO:

• your use of, or inability to use, the Service;
• any AI-generated output or third-party services;
• any loss or corruption of Content, including from connection interruptions (you are responsible for backups);
• any unauthorised access to your account or data; or
• any third-party conduct on or related to the Service.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) INR 5,000.

You agree to indemnify and hold harmless Thinqmesh Technologies Private Limited and its directors, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from your Content, your use of the Service, your violation of these Terms or applicable law, or your infringement of any third-party rights.

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms or the Acceptable Use Policy, engage in fraudulent or harmful activity, or as required by law, with notice where reasonable. Upon termination, your right to use the Service ends and your data is handled per our Privacy Policy. Provisions that by their nature should survive (including Sections 6, 7, 9, 13, 14, 15, 17, and 19) survive termination.

These Terms are governed by the laws of India. Subject to the arbitration clause below, the courts at Gautam Buddh Nagar (Noida), Uttar Pradesh, India shall have exclusive jurisdiction.

Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved amicably by good-faith discussion. Failing resolution, the dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed in accordance with that Act, with the seat and venue of arbitration at Gautam Buddh Nagar (Noida), Uttar Pradesh, India, and proceedings conducted in English.

We may update these Terms from time to time. We will post the updated Terms here with a new effective date and, for material changes, notify registered users by email or in-product notice. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

• Severability: if any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver: our failure to enforce a provision is not a waiver of it.
• Assignment: you may not assign these Terms without our consent; we may assign them in connection with a reorganisation, merger, or sale.
• Entire agreement: these Terms, together with the policies referenced here, are the entire agreement between you and us regarding the Service.
• Notices: we may provide notices by email or in-product; you may contact us at the addresses below.

• Legal: legal@thinqmesh.com
• Support: support@thinqmesh.com
• Thinqmesh Technologies Private Limited, Gautam Buddh Nagar, Uttar Pradesh – 201014, India