Terms of Service

Legal terms and conditions governing your use of Joyful Agents services and platform.

Last updated: December 10, 2024

Agreement to Terms

These Terms of Service ("Terms", "Agreement") are a legal agreement between you ("User", "you", or "your") and Joyful Agents, Inc. ("Company", "we", "us", or "our") regarding your use of our AI agent services, website, applications, and related services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

These Terms may be updated from time to time. We will notify you of material changes, and your continued use of the Services after such notification constitutes acceptance of the updated Terms.

Eligibility and Account Registration

Eligibility

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

  • You are at least 18 years of age
  • You have the legal authority to enter into this Agreement
  • You will comply with all applicable laws and regulations
  • All information you provide is accurate and complete

Account Registration

  • You must create an account to access certain Services
  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account
  • You must notify us immediately of any unauthorized use of your account
  • We reserve the right to suspend or terminate accounts that violate these Terms

Description of Services

Joyful Agents provides AI-powered automation services including:

  • AI Agents: Intelligent automation tools for various business processes
  • Conversational AI: Natural language processing and response capabilities
  • Integration Services: APIs and connectors for third-party platforms
  • Custom Solutions: Tailored AI implementations for enterprise clients
  • Analytics and Reporting: Performance metrics and insights tools

Service Availability: We strive for high availability but do not guarantee uninterrupted service. Planned maintenance will be announced in advance when possible.

Acceptable Use Policy

Permitted Uses

You may use our Services for legitimate business purposes including:

  • Automating routine business processes
  • Enhancing customer service and support
  • Analyzing business data and generating insights
  • Integrating with your existing software systems

Prohibited Uses

You may not use our Services to:

  • Violate any applicable laws, regulations, or third-party rights
  • Generate harmful, discriminatory, or offensive content
  • Attempt to reverse engineer, modify, or create derivative works
  • Interfere with or disrupt the security or performance of our Services
  • Access or use Services beyond your authorized subscription limits
  • Resell or redistribute Services without explicit written permission
  • Use Services for competitive intelligence or benchmarking
  • Upload malicious code, viruses, or other harmful software

Violation Consequences: Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account and access to Services.

Data and Privacy

Your Data

  • You retain ownership of all data you provide to our Services
  • You grant us a license to process your data to provide Services
  • You are responsible for ensuring you have rights to any data you provide
  • You must comply with all applicable data protection laws

Data Security

  • We implement industry-standard security measures to protect your data
  • We encrypt data in transit and at rest
  • We maintain SOC 2 Type II certification
  • We conduct regular security audits and assessments

AI Model Training

We may use anonymized and aggregated data to improve our AI models and Services. We do not use your specific proprietary data to train models accessible by other customers without explicit consent.

Intellectual Property Rights

Our Intellectual Property

  • We retain all rights, title, and interest in our Services and technology
  • Our trademarks, service marks, and logos are our exclusive property
  • You may not copy, modify, or create derivative works of our Services
  • You receive only a limited, non-exclusive license to use Services as permitted

Your Intellectual Property

  • You retain ownership of your pre-existing intellectual property
  • You grant us a license to use your data solely to provide Services
  • Any feedback or suggestions you provide may be used by us freely

DMCA Policy

We respect intellectual property rights and will respond to valid DMCA takedown notices. If you believe your copyrighted material has been infringed, please contact us at legal@joyfulagents.com with the required information.

Payment Terms

Subscription Fees

  • Fees are charged according to your selected subscription plan
  • Payment is due in advance for each billing period
  • All fees are non-refundable except as expressly stated
  • We may change pricing with 30 days' written notice

Payment Processing

  • Payments are processed by authorized third-party payment processors
  • You authorize automatic recurring charges for subscription services
  • Failed payments may result in service suspension
  • You are responsible for keeping payment information current

Taxes

You are responsible for all taxes, duties, and assessments imposed by any government entity in connection with your use of Services, except for taxes based on our net income.

Term and Termination

Term

These Terms commence when you first access our Services and continue until terminated in accordance with these Terms.

Termination by You

  • You may cancel your subscription at any time through your account settings
  • Cancellation takes effect at the end of your current billing period
  • You remain responsible for all charges incurred before termination

Termination by Us

  • We may suspend or terminate your access for breach of Terms
  • We may terminate Services with 30 days' notice for any reason
  • We may immediately terminate for serious violations or legal requirements

Effect of Termination

  • Your right to access and use Services will cease immediately
  • We will provide 30 days to export your data after termination
  • We may delete your data after the export period expires
  • Provisions intended to survive termination will remain in effect

Disclaimers and Limitations of Liability

Service Disclaimers

IMPORTANT LEGAL NOTICE

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

AI Limitations

  • AI responses may contain inaccuracies or errors
  • You should not rely solely on AI output for critical decisions
  • Human oversight and validation are recommended
  • We do not guarantee specific outcomes or results

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Indemnification

You agree to indemnify, defend, and hold harmless Joyful Agents, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from:

  • Your use of Services in violation of these Terms
  • Your violation of any applicable laws or regulations
  • Your infringement of any third-party rights
  • Any content or data you provide through Services
  • Your negligent or willful misconduct

Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Arbitration

Any disputes arising from these Terms or your use of Services shall be resolved through binding arbitration administered by the American Arbitration Association, except for:

  • Claims seeking injunctive relief
  • Intellectual property disputes
  • Small claims court matters

Class Action Waiver

You agree that disputes will be resolved on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

General Provisions

Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, government actions, or network failures.

Severability

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

Assignment

We may assign these Terms or our rights hereunder without restriction. You may not assign your rights without our prior written consent.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements.

Contact Information

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

Joyful Agents, Inc.

Legal Department

123 Innovation Drive

San Francisco, CA 94105

Email: legal@joyfulagents.com

Phone: 1-800-JOYFUL-AI