TERMS OF SERVICE

This is a binding legal agreement. Please read carefully before using our Services.

Effective Date: 1 January 2025

Company: MYRIADAI TECHNOLOGIES PRIVATE LIMITED

Registered Office: No. 219 3rd Cross, NGEF Layout, Kasturi Nagar, Banaswadi, Bangalore North, Bangalore - 560043, Karnataka, India

Phone: +91 97403 57725

Contact: contact@myriadai.ai

1. DEFINITIONS

  • “Company”, “we”, “us”, “our” refers to MYRIADAI TECHNOLOGIES PRIVATE LIMITED.
  • “Client”, “you”, “your” refers to any individual or entity using our Services.
  • “Services” refer to AI-based automation, including but not limited to voice AI agents, WhatsApp bots, email/chat automation, and other AI tools.
  • “Agreement” means these Terms of Service, along with our Privacy Policy and any Service Order, Scope of Work (SoW) or SLA executed with you.

2. SCOPE OF SERVICES

You are granted a non-exclusive, revocable, non-transferable license to access and use our Services strictly in accordance with this Agreement. You acknowledge that:

  • Services include AI-generated content and automated responses.
  • Certain modules may integrate third-party APIs (e.g., WhatsApp, Meta, Azure, OpenAI, Deepgram).
  • You are solely responsible for configuring usage boundaries and content triggers through our dashboard or APIs.

3. LEGAL COMPLIANCE

You represent and warrant that your use of the Services will comply with:

  • The Information Technology Act, 2000, including its Rules
  • The Digital Personal Data Protection Act, 2023
  • TThe Indian Contract Act, 1872
  • Consumer Protection Act, 2019 (where applicable)
  • Telecom Regulatory Authority of India (TRAI) Rules, including DND and UCC regulations for phone/SMS/WhatsApp
  • Any other applicable laws based on your operations and jurisdictions

4. DATA PROTECTION AND PRIVACY

4.1 Personal Data Handling

You agree to obtain valid, freely given, and informed consent from all individuals whose personal data is processed through our Services.

4.2 Role of Parties

Unless otherwise agreed in writing:

  • You are the “Data Fiduciary” (under DPDP Act)
  • We are your “Data Processor” acting on your behalf

4.3 Security

We follow reasonable security practices under Rule 8 of the IT Rules, 2011 including encryption, access controls, and regular audits.

4.4 Data Retention

We retain client data for no longer than necessary for the purpose for which it was collected, unless otherwise required by applicable law.

5. FEES, TAXES, AND PAYMENT TERMS

  • Fees are payable in advance as per executed Order Form or Subscription Plan.
  • All fees are non-refundable, unless expressly agreed under a written SLA.
  • Prices exclude applicable GST and other statutory taxes.
  • Late payments shall incur an interest of 18% p.a., compounded monthly.

6. INTELLECTUAL PROPERTY RIGHTS

  • We retain full rights in all software, models, data layers, prompts, and underlying algorithms.
  • You retain rights to your input data and user prompts, but grant us a limited license to process, store, and improve our Services using them.
  • All deliverables, content, and outputs generated using our platform remain our property unless otherwise assigned in writing.

7. CONFIDENTIALITY

  • All non-public technical or business information exchanged shall be treated as Confidential Information.
  • Both parties agree not to disclose such information during or after the termination of the Agreement for a period of 5 years.
  • Breach of this clause entitles the non-breaching party to seek injunctive relief, in addition to damages.

8. DISCLAIMERS AND LIMITATIONS

8.1 AI Content Risk

  • You acknowledge that responses generated by AI may be factually incorrect, outdated, biased, or misleading.
  • We do not warrant the accuracy, legality, or appropriateness of AI-generated responses.

8.2 Limitation of Liability

  • In no event shall our liability exceed the total fees paid by you in the last 6 months.
  • We shall not be liable for consequential, indirect, incidental, punitive, or special damages, even if advised of the possibility.

8.3 Service Availability

  • Services may be subject to downtime for maintenance, upgrades, or third-party failures.
  • No SLA is implied unless explicitly agreed.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MYRIADAI TECHNOLOGIES PRIVATE LIMITED, its directors, employees, and affiliates from any claims, damages, or liabilities arising from:

  • Your misuse of the Services
  • Violation of laws or third-party rights
  • Content transmitted via our platforms
  • Failure to obtain required end-user consents
  • Any breach of data or performance issues of our products/services

10. TERM AND TERMINATION

  • This Agreement begins on the Effective Date and continues until terminated.
  • Either party may terminate with 30 days’ notice in writing.
  • Breach of confidentiality, legal violations, or non-payment may result in immediate suspension or termination.
  • Upon termination, all accrued rights and payment obligations survive.

11. FORCE MAJEURE

We are not liable for delays or failure in performance due to events beyond our reasonable control, including internet outages, third-party API failures, governmental actions, or acts of God.

12. DISPUTE RESOLUTION

12.1 Governing Law

This Agreement shall be governed by the laws of India.

12.2 Jurisdiction

Exclusive jurisdiction shall lie with the courts of Bengaluru, Karnataka.

12.3 Arbitration

Disputes shall first be resolved amicably. Failing which, they shall be referred to a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated in Bengaluru, and conducted in English.

13. GENERAL TERMS

  • Entire Agreement: This constitutes the entire agreement between the parties.
  • Amendments: We may revise these Terms with 7 days’ notice.
  • No Waiver: Failure to enforce any provision does not constitute a waiver.
  • Assignment: You may not assign this Agreement without prior written consent.

14. CANCELLATION POLICY

14.1 Subscription Cancellation by Client

Clients may cancel their subscription to the Services by providing written notice to MYRIADAI TECHNOLOGIES PRIVATE LIMITED at least 30 calendar days prior to the next billing cycle. Cancellation requests must be sent to contact@myriadai.ai or through the designated client portal (if available). Upon cancellation, the client will retain access to the Services until the end of the current billing period.

14.2 No Partial Refunds

Fees for the current billing cycle (monthly, quarterly, or annual) are non-refundable. Partial months of service, unused call or messaging credits, or unused service capacity will not be prorated or refunded unless otherwise agreed in writing.

14.3 Early Termination Charges (for Annual Plans)

If the Client terminates an annual plan before the end of the committed term, the Client shall be liable to pay an early termination fee equal to 50% of the remaining contract value, unless otherwise waived in writing by MYRIADAI TECHNOLOGIES PRIVATE LIMITED.

14.4 Cancellation by MYRIADAI TECHNOLOGIES PRIVATE LIMITED

We reserve the right to suspend or cancel your access to the Services for:

  • Non-payment beyond 7 days from the due date
  • Breach of our Terms of Service, Privacy Policy or applicable law
  • Misuse of the Services or unethical practices using AI
  • Failure to cooperate during ongoing investigations of complaints or compliance audits
  • Any other violation of policy of MYRIADAI TECHNOLOGIES PRIVATE LIMITED by Client

In such cases, the Company reserves its rights to terminate existing accounts, subscriptions, products or other services and no refunds shall be issued.

14.5 Effect of Cancellation

  • Access to all Services and dashboards will be disabled
  • Data export (if requested within 15 days of termination) may be made available in standard formats
  • Post-cancellation data storage is not guaranteed beyond 15 days, unless legally required or governed by a separate SLA

14.6 Reactivation

Reactivation of cancelled accounts may be subject to an onboarding fee and renewal of contract terms, at our sole discretion.

15. CONTACT & GRIEVANCE OFFICER

In accordance with Rule 5(9) of the IT Rules, 2011:

Grievance Officer

Name: MYRIADAI TECHNOLOGIES PRIVATE LIMITED

Email: contact@myriadai.ai

Phone: +91 97403 57725

Address: No. 219 3rd Cross, NGEF Layout, Kasturi Nagar, Banaswadi, Bangalore North, Bangalore - 560043, Karnataka, India