Terms of Service

Effective Date: January 1, 2025
Last Updated: January 1, 2025

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Appuix, Inc. ("Appuix," "we," "us," or "our") governing your access to and use of our websites, platforms, applications, and services (collectively, the "Services"), including but not limited to V100.ai, CACHEE, GUARDIAN, M100, L100, Search100, FIT1, and all other Appuix autonomous AI systems.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

1. Eligibility and Account Registration

1.1 Age Requirement

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.

1.2 Account Creation

To access certain features, you may need to create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your login credentials
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

1.3 Organization Accounts

If you create an account on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Acceptable Use Policy

2.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms.

2.2 Prohibited Activities

You agree NOT to:

  • Violate any applicable laws, regulations, or third-party rights
  • Use the Services for any illegal, harmful, or fraudulent purpose
  • Interfere with or disrupt the Services or servers/networks
  • Attempt to gain unauthorized access to any systems or accounts
  • Reverse engineer, decompile, or disassemble our technology
  • Remove, alter, or obscure any proprietary notices
  • Use automated systems (bots, scrapers) without permission
  • Transmit viruses, malware, or harmful code
  • Impersonate any person or entity
  • Harass, abuse, or harm other users
  • Collect or harvest user information without consent
  • Use the Services to compete with Appuix

3. Intellectual Property Rights

3.1 Appuix Ownership

All Services, including software, designs, text, graphics, logos, icons, images, audio/video clips, data compilations, patents, trade secrets, algorithms, and AI models, are owned by Appuix, Inc. or our licensors and are protected by:

  • United States and international copyright laws
  • Trademark laws
  • Patent laws (patent-pending technologies)
  • Trade secret laws

3.2 User Content

You retain ownership of content you submit, upload, or create through our Services ("User Content"). By submitting User Content, you grant Appuix a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

  • Use, reproduce, modify, and adapt your content
  • Publish, transmit, and distribute your content
  • Create derivative works
  • Train and improve our AI models and systems
  • Provide, maintain, and improve our Services

3.3 Feedback

Any feedback, suggestions, or ideas you provide become our property, and we may use them without restriction or compensation.

4. Payment Terms

4.1 Fees

Certain Services require payment of fees. You agree to pay all applicable fees as described on our pricing pages or in your service agreement.

4.2 Billing

Depending on the platform:

  • Subscription Services: Billed on a recurring basis (monthly/annually)
  • Usage-Based Services: Billed based on actual usage metrics
  • Incremental Billing: Per-minute or per-transaction charges (V100.ai)

4.3 Payment Methods

You must provide valid payment information. We accept major credit cards, ACH transfers, and other approved payment methods.

4.4 Refunds

All fees are non-refundable unless otherwise stated in your service agreement or required by law.

4.5 Price Changes

We reserve the right to change prices with 30 days' advance notice.

5. Service Level and Availability

5.1 Service Availability

We strive to provide reliable Services but do not guarantee uninterrupted or error-free operation. We may suspend or discontinue Services for maintenance, updates, or other reasons.

5.2 Beta Services

Some Services may be offered as beta or preview features. These are provided "AS IS" without warranties and may be discontinued at any time.

5.3 Service Modifications

We reserve the right to modify, update, or discontinue Services at any time without prior notice.

6. Disclaimers and Warranties

IMPORTANT LEGAL NOTICE:

THE 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
  • NON-INFRINGEMENT
  • TITLE
  • ACCURACY, COMPLETENESS, OR RELIABILITY

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

6.1 AI-Generated Content

AI-generated content may contain errors, inaccuracies, or biases. You are responsible for reviewing and verifying all AI outputs before use.

6.2 No Medical/Legal Advice

Our Services do not provide medical, legal, financial, or professional advice. Consult qualified professionals for such matters.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL APPUIX, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, DATA, OR USE
  • BUSINESS INTERRUPTION
  • COST OF SUBSTITUTE SERVICES

EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

8. Indemnification

You agree to indemnify, defend, and hold harmless Appuix, Inc. and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from:

  • Your use or misuse of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your User Content
  • Your negligence or willful misconduct

9. Dispute Resolution

9.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@appuix.xyz to resolve the dispute informally.

9.2 Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association (AAA) rules.

9.3 Class Action Waiver

You agree to bring claims only in your individual capacity and not as part of a class action, collective action, or representative proceeding.

9.4 Governing Law

These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict of law principles.

10. Termination

10.1 By You

You may terminate your account at any time by following our account closure procedures.

10.2 By Us

We may suspend or terminate your access immediately, without prior notice, for:

  • Violation of these Terms
  • Suspected fraud or illegal activity
  • Non-payment of fees
  • Abuse or misuse of Services
  • Prolonged inactivity
  • Any reason in our sole discretion

10.3 Effect of Termination

Upon termination, your right to access Services ceases immediately. Provisions that by their nature should survive termination will survive (including intellectual property, disclaimers, limitations of liability, and dispute resolution).

11. Miscellaneous

11.1 Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Appuix.

11.2 Amendments

We may modify these Terms at any time. Material changes will be notified via email or prominent notice. Continued use after changes constitutes acceptance.

11.3 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision.

11.4 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.

11.5 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to any successor or affiliate.

11.6 Third-Party Services

Our Services may integrate with third-party services. We are not responsible for third-party content, services, or policies.

11.7 Export Compliance

You may not use or export our Services in violation of U.S. export laws and regulations.

12. Contact Information

For questions about these Terms or our Services, please contact us:

Appuix, Inc.

Legal Department

Email: legal@appuix.xyz

General Inquiries: info@appuix.xyz

Support: support@appuix.xyz

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.