Terms of Service

1. Acceptance of Terms

By accessing or using DIYAI's services, website, applications, or any other content provided by DIYAI (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you and DIYAI Inc. ("DIYAI," "we," "us," or "our"). You represent that you have the authority to enter into these Terms personally or on behalf of the entity you represent.

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

2. Service Description

DIYAI provides conversational AI agent software designed to handle customer communications across multiple channels, including phone calls, chats, texts, and emails. Our Services include but are not limited to:

• Automated response systems for customer inquiries
• Appointment scheduling and management
• Call and chat transcription services
• Multilingual communication support
• Integration with third-party calendars and CRM systems
• Data analytics and reporting

The specific features and functionality available to you will depend on the subscription plan you select and any additional services you purchase.

3. User Registration and Accounts

To access certain features of our Services, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and your business as prompted by the registration process.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account if any information you provide is inaccurate, false, or incomplete, or if you have violated these Terms or any applicable law.

You may not transfer your account to any other person or entity without our prior written consent.

4. User Responsibilities

When using our Services, you agree to:

• Comply with all applicable laws and regulations
• Respect the intellectual property rights of others
• Not use the Services for any illegal or unauthorized purpose
• Not attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services
• Not use the Services to transmit any viruses, malware, or other harmful code
• Not interfere with or disrupt the integrity or performance of the Services
• Not harass, abuse, or harm another person or entity
• Not use the Services to collect or store personal information about others without their consent

You are solely responsible for all content that you upload, post, email, transmit, or otherwise make available via the Services ("User Content"). You represent and warrant that you have all rights necessary to submit the User Content and that the User Content does not violate any third-party rights or applicable laws.

5. Intellectual Property Rights

The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel, are owned by DIYAI, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms, DIYAI grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

You retain all rights in and to your User Content. By submitting User Content to the Services, you grant DIYAI a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in connection with providing and improving the Services.

DIYAI respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

6. Privacy and Data Protection

Our Privacy Policy, available at www.diyai.ai/privacy, describes how we collect, use, and share information about you when you use our Services. By using our Services, you consent to our collection, use, and sharing of information as described in our Privacy Policy.

If you use our Services to process personal data of individuals in the European Economic Area, the United Kingdom, or Switzerland, or if you are subject to similar data protection laws, you agree to comply with all applicable data protection laws and to obtain all necessary consents from data subjects.

For customers subject to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), we offer HIPAA-compliant services and will enter into a Business Associate Agreement upon request.

You acknowledge that DIYAI may use artificial intelligence and machine learning technologies to improve our Services, and that we may use anonymized and aggregated data derived from your use of the Services for this purpose.

7. Payment Terms

Some of our Services require payment of fees. All fees are stated in U.S. dollars and are exclusive of any applicable taxes unless otherwise stated.

You agree to provide accurate and complete billing information, including your name, address, and payment method details. By submitting payment information, you authorize us to charge your payment method for all fees incurred.

Subscription fees are billed in advance on a monthly or annual basis, depending on the billing cycle you select. Unless otherwise stated, subscriptions automatically renew at the end of each billing period unless you cancel your subscription before the renewal date.

If we are unable to process payment through your designated payment method, we reserve the right to suspend or terminate your access to the Services until payment is received.

We may change our fees and billing methods at any time. We will provide notice of any price change at least 30 days before the change takes effect. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount.

8. Service Availability and Modifications

We strive to ensure that our Services are available 24/7. However, we do not guarantee that the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.

We reserve the right to modify, suspend, or discontinue the Services or any part thereof at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

We may update the content of the Services from time to time, but such content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

For subscription services with a 30-second response time guarantee, we will provide service credits as specified in your service agreement if we fail to meet this guarantee, subject to the terms and conditions of that agreement.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIYAI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

UNDER NO CIRCUMSTANCES WILL DIYAI BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIYAI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

IN NO EVENT SHALL DIYAI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DIYAI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

10. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

We will not be liable to you or any third party for any termination of your access to the Services.

11. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting our support team at support@diyai.ai. In the unlikely event that our support team is unable to resolve your complaint, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), through the following steps:

1. Informal Negotiation: We will first attempt to resolve any Claim informally for at least 30 days.
2. Mediation: If the Claim cannot be resolved through informal negotiation, either party may initiate mediation by providing written notice to the other party. The mediation will be conducted in San Francisco, California by a mutually agreed upon mediator.
3. Arbitration: If the Claim cannot be resolved through mediation, it shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will be conducted in San Francisco, California, and the decision of the arbitrator shall be final and binding on the parties.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND DIYAI ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

12. Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Any legal action or proceeding relating to your access to or use of the Services shall be instituted in federal or state courts located in San Francisco County, California, and you agree to submit to the personal jurisdiction of such courts.

13. Contact Information

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