Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Unhype AI, Inc. ("Unhype," "we," "us," or "our") governing your access to and use of the Unhype platform, website at unhype.ai, and all related services (collectively, the "Services").

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

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, and "you" and "your" will refer to both you individually and the organization.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Account" means the account you create to access and use the Services.
• "Agent" means an AI-powered assistant created using the Unhype platform.
• "Content" means any data, text, files, documents, images, or other materials you upload, submit, or create through the Services.
• "End User" means any individual who interacts with an Agent you create.
• "Knowledge Base" means the documents, data, and information you provide to train and inform your Agents.
• "Platform" means the Unhype software, tools, and infrastructure used to create and manage Agents.
• "Subscription" means the paid plan you select to access certain features of the Services.
• "User Data" means all data and content you or your End Users submit, upload, or generate through the Services.

3. Account Registration

3.1 Eligibility

To use the Services, you must be at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. By using the Services, you represent and warrant that you meet these eligibility requirements.

3.2 Account Creation

To access certain features of the Services, you must create an Account. When creating an Account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your Account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your Account
• Accept responsibility for all activities that occur under your Account

3.3 Account Security

You are responsible for maintaining the security of your Account credentials. We strongly recommend enabling multi-factor authentication (MFA). We are not liable for any loss or damage arising from your failure to protect your Account credentials.

4. Services Description

4.1 Platform Overview

Unhype provides a no-code platform that enables users to create, configure, and deploy AI agents through natural language conversation. Our Services include:

• AI agent creation and management tools
• Knowledge base integration and document processing
• Conversation and interaction analytics
• API access and third-party integrations
• Team collaboration and access control features
• Customer support and documentation

4.2 Service Availability

We strive to provide reliable and continuous access to the Services. However, we do not guarantee uninterrupted availability. The Services may be temporarily unavailable due to:

• Scheduled maintenance (with advance notice when possible)
• Emergency repairs or security updates
• Circumstances beyond our reasonable control

4.3 Service Modifications

We reserve the right to modify, update, or discontinue any aspect of the Services at any time. For material changes that negatively affect your use, we will provide reasonable advance notice. Continued use of the Services after modifications constitutes acceptance of the changes.

5. Subscriptions and Payment

5.1 Subscription Plans

Access to certain features of the Services requires a paid Subscription. Available plans and their features are described on our Pricing page. We may offer different plan tiers, including free trials and enterprise options.

5.2 Billing and Payment

• Billing Cycle: Subscriptions are billed monthly or annually, as selected at purchase
• Payment Methods: We accept major credit cards and other payment methods as displayed during checkout
• Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled
• Currency: All fees are quoted and charged in U.S. Dollars unless otherwise specified
• Taxes: Fees are exclusive of applicable taxes, which will be added where required by law

5.3 Price Changes

We may change our prices at any time. For existing Subscriptions, price changes will take effect at the next renewal period. We will provide at least 30 days' notice before any price increase takes effect.

5.4 Refunds

Subscription fees are generally non-refundable, except:

• As required by applicable law
• If we terminate your access without cause
• For service outages exceeding our SLA commitments (for applicable plans)

5.5 Failed Payments

If a payment fails, we will attempt to process the payment again and notify you. After multiple failed attempts, we may suspend or terminate your access to paid features until payment is received.

6. Usage Rights and Restrictions

6.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

6.2 Restrictions

You may not:

• Copy, modify, or create derivative works of the Platform
• Reverse engineer, decompile, or disassemble any part of the Services
• Rent, lease, sell, sublicense, or transfer access to the Services
• Use the Services to develop competing products or services
• Circumvent or disable any security features or access controls
• Use automated tools to scrape, crawl, or extract data from the Services
• Exceed any usage limits or quotas associated with your Subscription
• Use the Services in violation of any applicable laws or regulations

6.3 Usage Limits

Your Subscription may include limits on the number of Agents, API calls, storage, team members, or other resources. Usage beyond these limits may result in additional charges or temporary service restrictions.

7. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You will not use the Services to:

7.1 Prohibited Content

• Create, distribute, or promote illegal content
• Generate spam, phishing attempts, or deceptive communications
• Produce malware, viruses, or other harmful code
• Create content that is defamatory, obscene, or harassing
• Generate child sexual abuse material (CSAM) or exploit minors
• Produce content promoting violence, terrorism, or hate speech
• Create deepfakes or deceptive media without consent

7.2 Prohibited Activities

• Impersonate individuals, organizations, or government entities
• Engage in fraudulent or deceptive practices
• Violate intellectual property rights of others
• Collect or harvest personal information without consent
• Interfere with or disrupt the Services or other users
• Attempt to gain unauthorized access to any systems
• Use the Services to circumvent legal requirements

7.3 Regulated Industries

If you use the Services in regulated industries (healthcare, finance, legal, etc.), you are responsible for ensuring compliance with all applicable regulations. We provide tools to support compliance but do not guarantee regulatory compliance.

7.4 Enforcement

We may investigate and take action against violations of this policy, including removing content, suspending access, terminating accounts, and reporting to law enforcement when appropriate.

8. Your Content and Data

8.1 Ownership

You retain all ownership rights in your Content and User Data. Nothing in these Terms transfers ownership of your data to us.

8.2 License to Unhype

You grant us a limited, non-exclusive, worldwide license to host, store, process, and display your Content and User Data solely to:

• Provide and operate the Services
• Improve and develop the Services (using aggregated, anonymized data only)
• Comply with legal obligations
• Enforce these Terms

8.3 No Training on Your Data

8.4 Your Responsibilities

You are responsible for:

• Ensuring you have the right to upload and use your Content
• The accuracy and legality of your Content
• Obtaining necessary consents from End Users
• Maintaining backups of your Content

8.5 Data Export and Portability

You can export your Content and User Data at any time through the Platform or by contacting us. Upon account termination, you will have 30 days to export your data before deletion.

9. Intellectual Property

9.1 Unhype's Intellectual Property

The Services, including all software, designs, text, graphics, logos, trademarks, and other materials, are owned by Unhype or our licensors and are protected by intellectual property laws. You may not use our trademarks without our prior written consent.

9.2 Your Intellectual Property

You retain all intellectual property rights in your Content and any Agents you create using the Platform, subject to the licenses granted in these Terms.

9.3 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate such feedback without obligation to you.

10. Third-Party Services

10.1 Integrations

The Services may integrate with or allow connections to third-party services, platforms, or APIs. Your use of third-party services is subject to their respective terms and privacy policies.

10.2 AI Model Providers

The Services utilize third-party AI models to power Agent functionality. We select providers who meet our security and privacy standards and maintain data processing agreements with them. However, we are not responsible for the actions or policies of third-party providers.

10.3 No Endorsement

The availability of third-party integrations does not constitute an endorsement. We are not responsible for the availability, accuracy, or content of third-party services.

11. Warranties and Disclaimers

11.1 Our Warranties

We warrant that:

• We will provide the Services with reasonable care and skill
• The Services will perform substantially as described in our documentation
• We have the right to provide the Services to you

11.2 Disclaimers

We do not warrant that:

• The Services will be uninterrupted, error-free, or completely secure
• AI-generated outputs will be accurate, complete, or appropriate
• The Services will meet your specific requirements
• Any defects will be corrected

12. Limitation of Liability

12.1 Exclusion of Certain Damages

12.2 Liability Cap

Our total aggregate liability for all claims arising out of or related to these Terms or the Services shall not exceed the greater of:

• The total fees paid by you in the 12 months preceding the claim, or
• One hundred U.S. dollars ($100)

12.3 Basis of the Bargain

The limitations in this section reflect a reasonable allocation of risk and are a fundamental element of the basis of the bargain between you and us.

13. Indemnification

You agree to indemnify, defend, and hold harmless Unhype, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your Content or User Data
• Your violation of these Terms
• Your violation of any applicable laws or third-party rights
• Any claims by your End Users

14. Termination

14.1 Termination by You

You may terminate your Account at any time through the Platform settings or by contacting us. Termination will be effective at the end of your current billing period. No refunds will be provided for unused portions of your Subscription.

14.2 Termination by Unhype

We may suspend or terminate your access to the Services:

• For cause: Immediately if you breach these Terms, fail to pay fees, or engage in prohibited activities
• For convenience: With 30 days' advance notice
• For legal reasons: If required by law or to protect our users or Services

14.3 Effect of Termination

Upon termination:

• Your right to access the Services will immediately cease
• You will have 30 days to export your data (unless terminated for cause)
• We will delete your data after the export period, subject to legal retention requirements
• Provisions that should survive termination (e.g., liability, indemnification) will continue in effect

14.4 Refunds Upon Termination

If we terminate your account without cause, we will provide a prorated refund of prepaid fees for the unused portion of your Subscription.

15. Modifications to Terms

We may modify these Terms from time to time. When we make changes:

• We will update the "Last Updated" date at the top of this page
• For material changes, we will provide notice via email or through the Services at least 30 days before the changes take effect
• Your continued use of the Services after the effective date constitutes acceptance of the modified Terms
• If you do not agree to the modified Terms, you may terminate your Account

We encourage you to review these Terms periodically. Material changes will not apply retroactively.

16. Governing Law and Disputes

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

16.2 Dispute Resolution

Before initiating formal proceedings, you agree to contact us at legal@unhype.ai to attempt to resolve the dispute informally. We will work in good faith to resolve the matter within 30 days.

16.3 Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules. The arbitration will be conducted in San Francisco, California, and the arbitrator's decision will be final and binding.

16.4 Class Action Waiver

You agree that any dispute resolution will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16.5 Exceptions

Either party may seek injunctive relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Order Forms or Subscription agreements, constitute the entire agreement between you and Unhype regarding the Services and supersede all prior agreements.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

17.5 Force Majeure

Neither party will be liable for delays or failures in performance resulting from causes beyond their reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

17.6 Notices

We may provide notices to you via email to the address associated with your Account or through the Services. You may provide notices to us at the contact information in Section 18.

18. Contact Information

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