Terms of Service

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Terms of Service

Last Updated: April 15, 2023

Welcome to AIx Automation. These Terms of Service ('Terms') govern your access to and use of the AIx Automation website, platform, and services. By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy.

1. Acceptance of Terms

By accessing or using the AIx Automation website, platform, or services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

These Terms constitute a legally binding agreement between you and AIx Automation, Inc. ("AIx Automation," "we," "us," or "our") regarding your access to and use of the Services.

You represent and warrant that you have the legal capacity and authority to enter into these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Service Description

2.1 Services Overview

AIx Automation provides businesses with digital transformation solutions, including business platforms, system integrations, automations, and AI-powered tools designed to enhance operational efficiency and productivity.

2.2 Service Availability

We strive to ensure that our Services are available 24/7. However, we cannot guarantee uninterrupted access to our Services. We reserve the right to suspend or restrict access to some or all of our Services for maintenance, security, or other reasons, with or without prior notice.

2.3 Beta Features

We may offer certain features on a beta or trial basis. Beta features are provided "as is" and "as available" without any warranties or support obligations. We may change, suspend, or discontinue beta features at any time without notice.

2.4 Third-Party Services

Our Services may integrate with or incorporate third-party services, applications, or platforms. Your use of such third-party services is subject to their respective terms and privacy policies. We are not responsible for any third-party services or the content, practices, or policies of such third parties.

3. Account Registration

3.1 Account Creation

To access certain features of our Services, you may need to create an account. When you create an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You are responsible for safeguarding your account credentials and for any activity that occurs through your account. You agree to notify us immediately of any unauthorized access to or use of your account. We will not be liable for any losses caused by unauthorized access to your account.

3.3 Administrative Users

If you create an account on behalf of an organization, you may be able to add additional users and assign administrative permissions. Administrative users may have access to account settings, billing information, and user data. You are responsible for managing administrative users and their access levels.

3.4 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to, violation of these Terms. You may also terminate your account at any time by following the account deletion process in your account settings or by contacting us.

4. User Responsibilities

4.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You are responsible for all content that you upload, post, publish, or otherwise transmit through our Services.

4.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable law, regulation, or third-party rights;
  • Uploading or transmitting viruses, malware, or other malicious code;
  • Interfering with or disrupting the integrity or performance of our Services;
  • Attempting to gain unauthorized access to our Services or related systems;
  • Scraping, data mining, or otherwise collecting data from our Services without our consent;
  • Using our Services to send unsolicited communications or advertisements;
  • Impersonating any person or entity or falsely stating your affiliation with any person or entity;
  • Engaging in any activity that could disable, overburden, or impair our Services.

4.3 Content Guidelines

You are solely responsible for any content that you upload, post, or otherwise make available through our Services. You represent and warrant that you have all necessary rights to such content and that it does not violate any laws or infringe upon any third-party rights.

4.4 Compliance with Laws

You agree to comply with all applicable laws, regulations, and industry standards in connection with your use of our Services. This includes, but is not limited to, data protection laws, export control laws, and regulations governing electronic communications.

5. Intellectual Property

5.1 Ownership of Platform

Our Services, including all software, features, content, and intellectual property rights therein, are owned by or licensed to AIx Automation. These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features.

5.2 User Content License

By uploading, posting, or otherwise making content available through our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content for the purposes of providing and improving our Services.

5.3 Feedback

If you provide us with feedback or suggestions regarding our Services, you grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use such feedback or suggestions for any purpose without compensation to you.

6. Limitation of Liability

6.1 Warranty Disclaimer

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

6.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AIX AUTOMATION, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE OUR SERVICES.

IN NO EVENT WILL OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THESE TERMS OR OUR SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT PAID BY YOU TO AIX AUTOMATION FOR THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

6.3 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.

7. Indemnification

You agree to indemnify, defend, and hold harmless AIx Automation, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

  • Your use of or inability to use our Services;
  • Any content you submit, post, or transmit through our Services;
  • Your violation of these Terms;
  • Your violation of any rights of another person or entity;
  • Your violation of any applicable laws, rules, or regulations.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

8. Term and Termination

8.1 Term

These Terms will remain in effect until terminated by either you or AIx Automation.

8.2 Termination by You

You may terminate these Terms at any time by discontinuing your use of our Services and closing your account. If you have a paid subscription, you may cancel your subscription according to the cancellation policy in your service agreement or by contacting our support team.

8.3 Termination by Us

We may terminate or suspend your access to all or part of our Services, with or without notice, for any reason, including, without limitation, if we believe that you have violated these Terms. We are not liable to you or any third party for any termination or suspension of your access to our Services.

8.4 Effect of Termination

Upon termination of these Terms, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Governing Law

9.1 Applicable Law

These Terms and any disputes arising out of or related to these Terms or our Services will be governed by the laws of the State of Texas, without regard to its conflict of law principles.

9.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or our Services will be resolved by arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in Austin, Texas, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

9.3 Class Action Waiver

You agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor AIx Automation will seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

10. Changes to Terms

We may update these Terms from time to time at our sole discretion. If we make changes, we will provide notice by updating the "Last Updated" date at the top of these Terms and, in some cases, we may provide additional notice (such as adding a statement to our homepage or sending you an email notification).

Your continued use of our Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Services.

For material changes to these Terms, we will make reasonable efforts to provide at least 30 days' notice prior to the effective date of the changes.

11. Contact Information

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

AIx Automation, Inc.

legal@aixautomation.com

We typically respond to inquiries within 3 business days.

AIx Automation, Inc.
123 Tech Plaza, Suite 400
Austin, TX 78701
United States

By clicking "I Accept These Terms," you acknowledge that you have read, understood, and agree to be bound by these Terms.