YamaXAI – Terms of Service

Welcome to YamaXAI ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of YamaXAI's platform, services, and software (collectively, the "Services"). By accessing or using our Services, you ("you" or "User") agree to be bound by these Terms.

1. Description of Services

YamaXAI provides AI-powered agents and infrastructure solutions for:

• Automated communications and outreach
• Payment processing and management
• Analytics and performance tracking
• Customer interaction management
• Integration with third-party communication platforms

We reserve the right to modify, update, improve, or discontinue any aspect of our Services at any time, with or without notice.

2. Acceptance of Terms and Modifications

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. We may update these Terms periodically, and continued use of the Services constitutes acceptance of any modifications.

3. Eligibility and Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts in your jurisdiction.

3.2 Account Information

You must provide accurate, current, and complete information during registration and maintain the accuracy of your account information.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

4. Acceptable Use

4.1 Permitted Use

You may use our Services only for lawful business purposes in compliance with all applicable laws and regulations.

4.2 Prohibited Activities

• Use the Services for any illegal, fraudulent, or unauthorized purpose
• Violate any applicable laws, regulations, or third-party rights
• Reverse engineer, decompile, or attempt to extract source code from our Services
• Interfere with or disrupt the integrity or performance of our Services
• Use our Services to send spam, unsolicited communications, or engage in harassment
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use the Services in any way that could damage our reputation or business

4.3 Content Responsibility

You are solely responsible for all content, data, and communications processed through our Services, including ensuring you have proper consent for any personal data processed.

5. Billing and Payment Terms

5.1 Paid Services

Certain features require paid subscriptions. By subscribing, you agree to pay all applicable fees.

5.2 Free Trials and Pilots

We may offer free trials or pilot programs, which may be modified, limited, or discontinued at any time without notice.

5.3 Payment Terms

• Fees are billed in advance and are non-refundable except as expressly stated
• You authorize us to charge your designated payment method for all applicable fees
• Failure to pay may result in service suspension or termination

5.4 Fee Changes

We may change our fees with 30 days' advance notice.

6. Intellectual Property Rights

6.1 YamaXAI Property

We retain all rights, title, and interest in the Services, including all software, technology, algorithms, and related intellectual property.

6.2 Your Data

You retain ownership of all data, content, and materials you input into our Services ("Your Data"). You grant us a limited license to use Your Data solely to provide the Services.

6.3 Feedback

Any feedback, suggestions, or improvements you provide may be used by us without restriction or compensation.

7. Data Protection and Privacy

Your privacy is important to us. Our collection, use, and protection of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8. Service Availability and Support

8.1 Availability

While we strive for high availability, we do not guarantee uninterrupted access to our Services.

8.2 Maintenance

We may perform scheduled maintenance that temporarily affects service availability.

8.3 Support

Support terms vary by subscription level and are detailed in your service agreement.

9. Disclaimers and Limitations of Liability

9.1 "As Is" Service

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YAMAXAI SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, data, or business opportunities
• Any service interruptions or security breaches
• Any damages exceeding the amount paid by you in the 12 months preceding the claim

9.3 AI Limitations

You acknowledge that AI services may produce inaccurate or inappropriate results, and you are responsible for reviewing all outputs before use.

10. Indemnification

You agree to indemnify and hold YamaXAI harmless from any claims, damages, or expenses arising from your use of the Services, violation of these Terms, or infringement of any rights of another party.

11. Termination

11.1 By You

You may terminate your account at any time by contacting us or using account settings.

11.2 By Us

We may suspend or terminate your account immediately if you violate these Terms or engage in prohibited activities.

11.3 Effect of Termination

Upon termination, your right to use the Services ceases, and we may delete your account and data in accordance with our data retention policies.

12. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, terrorism, or government actions.

13. Governing Law and Dispute Resolution

13.1 Governing Law

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

13.2 Dispute Resolution

Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association in Wilmington, Delaware.

14. General Provisions

14.1 Severability

If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.

14.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and YamaXAI.

14.3 Assignment

You may not assign your rights under these Terms without our written consent.

By using YamaXAI Services, you acknowledge that you have read and agree to these Terms of Service.