Terms of Service

These terms govern your use of Mekano's AI solutions and services. Please read them carefully before using our platform.

Last updated: December 1, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Mekano ("Company," "we," "us," or "our") regarding your use of our AI automation solutions, consulting services, and platform.

By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our services.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website, and your continued use of our services constitutes acceptance of the modified Terms.

2. Service Description

2.1 AI Solutions

Mekano provides artificial intelligence solutions including:

  • AI-powered marketing automation systems
  • Intelligent customer service solutions
  • Business intelligence and analytics platforms
  • Custom AI model development and implementation
  • Process automation and optimization tools

2.2 Consulting Services

We also provide:

  • AI strategy development and planning
  • Technology assessment and recommendations
  • Implementation support and training
  • Ongoing maintenance and optimization
  • Technical support and troubleshooting

2.3 Service Availability

While we strive for maximum uptime, we do not guarantee that our services will be available 100% of the time. We may perform scheduled maintenance that temporarily interrupts service availability.

3. User Responsibilities and Acceptable Use

3.1 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Using strong passwords and enabling two-factor authentication when available

3.2 Acceptable Use

You agree not to:

  • Use our services for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the operation of our services
  • Upload or transmit malicious code, viruses, or harmful content
  • Reverse engineer, decompile, or attempt to extract source code
  • Use our services to compete with or create similar AI solutions
  • Violate any applicable laws, regulations, or third-party rights

3.3 Data Accuracy

You represent and warrant that all data you provide to us is accurate, complete, and that you have the right to provide such data for processing by our AI systems.

4. Intellectual Property Rights

4.1 Our Intellectual Property

All rights, title, and interest in our services, including software, algorithms, models, interfaces, and documentation, remain our exclusive property. You are granted a limited, non-exclusive, non-transferable license to use our services in accordance with these Terms.

4.2 Your Data and Content

You retain ownership of all data and content you provide to us. You grant us a license to use, process, and analyze your data solely for the purpose of providing our services to you.

4.3 AI-Generated Content

You own any content, insights, or outputs generated by our AI systems using your data, subject to our underlying intellectual property rights in the AI technology itself.

4.4 Feedback and Suggestions

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

5. Payment Terms

5.1 Fees and Billing

  • Fees are specified in your service agreement or order form
  • Payment is due within 30 days of invoice date unless otherwise specified
  • All fees are non-refundable except as expressly provided
  • You are responsible for all applicable taxes

5.2 Late Payments

Late payments may incur a service charge of 1.5% per month or the maximum rate permitted by law. We may suspend services for accounts more than 30 days overdue.

5.3 Fee Changes

We may modify our fees with 30 days' written notice. Fee changes will not affect existing service agreements during their current term.

6. Privacy and Data Protection

6.1 Data Processing

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.

6.2 Data Security

We implement industry-standard security measures to protect your data. However, you acknowledge that no method of transmission or storage is 100% secure.

6.3 Data Portability

Upon termination, we will provide you with your data in a standard format, subject to technical feasibility and applicable law.

7. Warranties and Disclaimers

7.1 Service Warranties

We warrant that our services will perform substantially as described in applicable documentation. We will use commercially reasonable efforts to correct any material non-conformance.

7.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.3 AI Accuracy

While our AI systems are designed to provide accurate results, we do not guarantee the accuracy, completeness, or reliability of AI-generated outputs. You should verify important results before relying on them.

8. Limitation of Liability

8.1 Damages Limitation

IN NO EVENT SHALL MEKANO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

8.2 Total Liability Cap

Our total liability to you for all claims arising from or relating to these Terms or our services shall not exceed the total amount paid by you to us in the 12 months preceding the claim.

8.3 Essential Purpose

The limitations in this section apply even if any limited remedy fails of its essential purpose.

9. Indemnification

You agree to indemnify, defend, and hold harmless Mekano from any claims, damages, losses, or expenses arising from:

  • Your use of our services in violation of these Terms
  • Your data or content that infringes third-party rights
  • Your negligence or willful misconduct
  • Your violation of applicable laws or regulations

10. Termination

10.1 Termination by You

You may terminate your service agreement at any time with 30 days' written notice. You remain responsible for all fees incurred prior to termination.

10.2 Termination by Us

We may terminate your access immediately if you breach these Terms or fail to pay undisputed fees when due.

10.3 Effect of Termination

Upon termination, your right to use our services ceases immediately. We will delete your data within 30 days unless legally required to retain it longer.

11. Dispute Resolution

11.1 Negotiation

Before initiating any formal dispute resolution, the parties agree to attempt to resolve disputes through good faith negotiation for at least 30 days.

11.2 Arbitration

Any unresolved disputes shall be settled through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

11.3 Class Action Waiver

You waive any right to participate in class action lawsuits or class-wide arbitrations against us.

12. General Provisions

12.1 Governing Law

These Terms are governed by the laws of [State/Province], without regard to conflict of law principles.

12.2 Entire Agreement

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

12.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

12.4 Force Majeure

Neither party shall be liable for any failure to perform due to causes beyond their reasonable control, including natural disasters, government actions, or network failures.

12.5 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any affiliate or in connection with a merger or acquisition.

13. Contact Information

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

Mekano Legal Team

Phone: +1 (555) 123-4567
Address: 123 Innovation Drive, Tech City, TC 12345

We will respond to your inquiry within 5 business days.