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Terms of Service

Legal agreement for using MakayisAI Platform

Effective Date: January 15, 2024

Important Legal Notice

By accessing or using the MakayisAI platform, you agree to be bound by these Terms of Service. Please read them carefully before using our services. If you do not agree to these terms, you may not access or use our platform.

For Enterprise Agreements: If you are using MakayisAI under a separate enterprise agreement, that agreement will govern your use of the services to the extent of any conflict with these terms.

1. Definitions

"Platform" or "Services" refers to the MakayisAI AI agent building platform, including all related software, applications, and services.

"User" or "You" refers to any individual or entity accessing or using our Services.

"AI Agent" refers to any artificial intelligence-powered agent, bot, or assistant created using our Platform.

"Content" refers to any data, text, information, or materials uploaded, submitted, or transmitted through the Platform.

"Subscription" refers to your paid plan for accessing and using the Platform.

2. Acceptance of Terms

By creating an account, accessing, or using the MakayisAI platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

Age Requirement:

You must be at least 18 years old or the age of legal majority in your jurisdiction to use our Services. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

3. Description of Services

MakayisAI provides a no-code platform for building, deploying, and managing AI agents. Our services include:

  • AI agent development tools and interfaces
  • Natural language processing capabilities
  • Integration with third-party services and APIs
  • Analytics and performance monitoring
  • Deployment and hosting infrastructure
  • Documentation and support resources

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with reasonable notice to users when practicable.

4. Registration and Accounts

4.1 Account Creation

To use certain features of the Platform, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access
  • Be responsible for all activities under your account

4.2 Account Security

You are responsible for maintaining the security of your account. We recommend:

  • Using a strong, unique password
  • Enabling two-factor authentication
  • Regularly reviewing account access logs
  • Promptly revoking access for departing team members

5. Acceptable Use Policy

You agree not to use the Platform to:

Prohibited Activities

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights
  • Transmit malware, viruses, or harmful code
  • Engage in unauthorized data mining or scraping
  • Attempt to gain unauthorized access to systems
  • Create AI agents for illegal or harmful purposes
  • Harass, abuse, or harm other users
  • Distribute spam or unsolicited communications
  • Misrepresent your identity or affiliation
  • Interfere with platform operations or security

Violation of this policy may result in immediate suspension or termination of your account, and we may report violations to appropriate authorities.

6. User Content and Data

6.1 Your Content

You retain ownership of content you upload to the Platform. By using our Services, you grant MakayisAI:

  • A worldwide, non-exclusive license to use, store, and process your content to provide the Services
  • The right to create aggregated, anonymized data for improving our Services
  • Permission to display your content within your AI agents as configured

6.2 Content Responsibilities

You are solely responsible for:

  • The accuracy and legality of your content
  • Obtaining necessary rights and permissions
  • Ensuring content complies with applicable laws
  • The behavior and outputs of your AI agents

7. Intellectual Property Rights

7.1 MakayisAI Property

All rights in the Platform, including software, designs, logos, and documentation, are owned by MakayisAI or our licensors. These Terms do not grant you any rights to our intellectual property except as necessary to use the Services.

7.2 Feedback

Any feedback, suggestions, or ideas you provide about the Platform becomes the property of MakayisAI, and we may use it without restriction or compensation.

8. Payment Terms

8.1 Subscription Fees

  • Fees are based on your selected subscription plan
  • All fees are non-refundable unless otherwise stated
  • Prices are subject to change with 30 days notice
  • You are responsible for all applicable taxes

8.2 Billing

  • Subscriptions auto-renew unless cancelled
  • Payment is due at the beginning of each billing period
  • Failed payments may result in service suspension
  • You must keep payment information current

8.3 Free Trials

Free trials are subject to availability and may include limited features. At the end of the trial, you will be charged unless you cancel your subscription.

9. Confidentiality

Each party may have access to confidential information of the other party. Both parties agree to:

  • Protect confidential information with reasonable care
  • Not disclose confidential information to third parties
  • Use confidential information only for intended purposes
  • Return or destroy confidential information upon request

10. Warranties and Disclaimers

Disclaimer of Warranties

The platform is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

  • The Platform will meet all your requirements
  • The Platform will be uninterrupted or error-free
  • AI agents will produce specific results
  • Defects will be corrected in any timeframe

11. Indemnification

You agree to indemnify, defend, and hold harmless MakayisAI, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Platform
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your content or AI agents

12. Limitation of Liability

To the maximum extent permitted by law, MakayisAI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

In no event shall MakayisAI's aggregate liability exceed the greater of (a) the amounts paid by you to MakayisAI in the twelve months preceding the claim, or (b) one hundred dollars ($100).

13. Termination

13.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support.

13.2 Termination by MakayisAI

We may suspend or terminate your account if:

  • You violate these Terms
  • Your account remains inactive for an extended period
  • We discontinue the Services
  • Required by law

13.3 Effect of Termination

Upon termination:

  • Your access to the Platform will cease
  • You remain liable for any outstanding fees
  • We may delete your data after a retention period
  • Provisions that should survive will remain in effect

14. Dispute Resolution

14.1 Informal Resolution

We prefer to resolve disputes informally. Before filing a claim, please contact us at legal@makayisai.com to attempt resolution.

14.2 Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration under the rules of the American Arbitration Association, except where prohibited by law.

14.3 Class Action Waiver

You agree to resolve disputes only on an individual basis and waive any right to participate in class actions or class arbitrations.

15. General Provisions

15.1 Governing Law

These Terms are governed by the laws of Delaware, USA, without regard to conflict of law principles.

15.2 Entire Agreement

These Terms constitute the entire agreement between you and MakayisAI regarding the Services.

15.3 Modifications

We may modify these Terms at any time. Material changes will be notified via email or platform notice.

15.4 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

15.5 Assignment

You may not assign these Terms without our consent. We may assign our rights to any successor.

15.6 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control.

Questions About These Terms?

If you have any questions about these Terms of Service, please contact us:

Email: legal@makayisai.com

Phone: +1 (888) 555-0199

Address: 123 AI Boulevard, Suite 500, San Francisco, CA 94105