Terms of Service

1. Agreement Overview

These Terms of Service ("Terms") govern your use of the AI automation services, software, and platforms provided by DigitbiteAI and its subsidiaries (collectively "DigitbiteAI," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy.

DigitbiteAI operates through its global entities: Digitbite, LLC (United States), Digitbite Ltd (United Kingdom), Digitbite Digital Solution Pvt Ltd (India), and Innovatech Retail Solutions LLC (UAE). The specific entity providing services to you will depend on your location and service selection.

2. Service Description

DigitbiteAI provides enterprise-grade AI automation solutions including:

• Sales Automation: AI agents for lead generation, qualification, and conversion
• Customer Support: Intelligent chatbots and support automation systems
• Operations Automation: Workflow optimization and process automation
• Analytics & Insights: AI-powered business intelligence and reporting
• Integration Services: API connections and third-party system integrations
• Custom AI Solutions: Tailored AI development for specific business needs
• Training and Support: Implementation assistance and ongoing optimization

3. Account Registration and Eligibility

Eligibility Requirements

• You must be at least 18 years old and legally able to enter contracts
• You represent a business entity with legitimate commercial purposes
• You have the authority to bind your organization to these Terms
• Your use complies with all applicable laws and regulations

Account Responsibilities

• Provide accurate, current, and complete registration information
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access or security breaches
• Accept full responsibility for all activities conducted under your account
• Ensure all users within your organization comply with these Terms

4. Acceptable Use Policy

Permitted Uses

Our services are designed for legitimate business purposes including sales automation, customer service, operations optimization, and business intelligence.

Prohibited Activities

You agree not to use our services for:

• Any illegal, fraudulent, or malicious activities
• Spam, harassment, or unsolicited communications
• Violating intellectual property rights or privacy laws
• Attempting to reverse engineer, hack, or compromise our systems
• Creating competing AI automation services using our technology
• Disseminating malware, viruses, or harmful code
• Manipulating financial markets or spreading misinformation
• Discriminatory practices or violation of equal opportunity laws

5. AI Services and Limitations

AI Performance and Accuracy

• AI agents are designed to achieve high accuracy but may not be 100% perfect
• You remain responsible for reviewing and approving AI-generated outputs
• Human oversight is recommended for critical business decisions
• Performance may vary based on data quality and configuration

Compliance and Ethics

• You must comply with applicable AI ethics guidelines and regulations
• Ensure AI usage respects customer privacy and consent requirements
• Implement appropriate human oversight for automated decisions
• Use AI responsibly and transparently in customer interactions

6. Data Rights and Privacy

Your Data Ownership

• You retain full ownership of your business data and content
• You grant us permission to process your data solely to provide our services
• You may request data export or deletion at any time (subject to legal requirements)
• We do not use your confidential business data to improve services for competitors

Data Processing and AI Training

• We may use anonymized, aggregated data to improve our AI models
• You can opt out of having your data used for AI training
• Personal and sensitive data is never used for training without explicit consent
• All data processing complies with applicable privacy laws and our Privacy Policy

7. Subscription and Payment Terms

Service Plans and Billing

• Subscription fees are charged in advance based on your selected plan
• Enterprise contracts may include custom pricing and payment terms
• All fees are quoted and charged in USD unless otherwise specified
• Taxes and duties are additional and your responsibility

Payment and Refunds

• Payment is due within 30 days of invoice date unless otherwise agreed
• Late payments may result in service suspension and interest charges
• Fees are generally non-refundable except as required by law
• We may change pricing with 90 days' written notice
• Unused prepaid credits do not expire during active subscription

8. Intellectual Property Rights

DigitbiteAI's Rights

• All AI models, algorithms, and proprietary technology remain our property
• Our services are protected by copyright, trademark, and trade secret laws
• You receive a limited, non-exclusive license to use our services
• No rights are granted beyond those explicitly stated in these Terms

Feedback and Improvements

• We may use your feedback to improve our services without compensation
• Any suggestions or improvements become our property
• You grant us rights to use testimonials and case studies (with approval)

9. Service Level Agreements

Availability Commitment

• We target 99.9% uptime for our core AI services
• Planned maintenance will be scheduled during low-usage periods
• Emergency maintenance may occur without prior notice
• Service credits may be available for significant outages per your contract

Support and Response Times

• Enterprise clients receive priority support with dedicated success managers
• Standard support is available during business hours in your region
• Critical issues receive 24/7 support for enterprise customers
• Response times vary by support tier and issue severity

10. Limitation of Liability

To the maximum extent permitted by law, DigitbiteAI's liability is limited as follows:

• Damages Cap: Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim
• Excluded Damages: We are not liable for indirect, incidental, special, consequential, or punitive damages
• Business Losses: No liability for lost profits, revenues, data, business opportunities, or goodwill
• AI Decisions: You remain responsible for business decisions made based on AI recommendations
• Third-Party Services: No liability for failures of third-party integrations or services
• Force Majeure: No liability for events beyond our reasonable control

11. Indemnification

Your Indemnification Obligations

You agree to indemnify and hold DigitbiteAI harmless from claims arising from:

• Your use of our services in violation of these Terms
• Your data, content, or business practices
• Infringement of third-party intellectual property rights
• Violation of applicable laws or regulations
• Negligent or intentional misconduct by your organization

Our Indemnification Obligations

We will defend you against claims that our services infringe third-party intellectual property rights, subject to your compliance with these Terms and our notification and cooperation requirements.

12. Termination

Termination by You

• You may terminate your subscription at any time with 30 days' notice
• Enterprise contracts may have specific termination procedures
• You remain responsible for all charges incurred before termination

Termination by DigitbiteAI

We may suspend or terminate your access for:

• Material breach of these Terms
• Non-payment of fees after notice and cure period
• Illegal or harmful use of our services
• Repeated violations of our Acceptable Use Policy
• Insolvency or bankruptcy proceedings

Effect of Termination

• Your access to services will cease immediately
• We will provide data export assistance for 30 days (enterprise customers)
• Unpaid fees become immediately due and payable
• Confidentiality and indemnification obligations survive termination

13. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of the jurisdiction where the contracting DigitbiteAI entity is located:

• United States: Delaware state law (excluding conflict of law principles)
• United Kingdom: English law
• India: Laws of India and courts of Mumbai
• UAE: UAE federal law and Dubai courts

Dispute Resolution Process

1. Negotiation: Good faith discussions for 60 days
2. Mediation: Non-binding mediation if negotiation fails
3. Arbitration: Binding arbitration under applicable rules (enterprise contracts)
4. Courts: Appropriate courts for non-arbitrable matters

14. Enterprise and Government Customers

Additional Protections

Enterprise and government customers may receive additional protections including:

• Enhanced security certifications (SOC 2, HIPAA, FedRAMP)
• Data residency and sovereignty options
• Custom contract terms and service level agreements
• Dedicated support and success management
• Advanced compliance and audit capabilities

15. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between you and DigitbiteAI.

Modifications

We may update these Terms periodically. Material changes will be communicated with 30 days' notice. Continued use after changes indicates acceptance.

Severability and Waiver

If any provision is found unenforceable, the remainder remains in effect. Our failure to enforce any right does not constitute a waiver.

Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations in connection with business transfers.