Terms of Service

1. Definitions

For the purposes of these Terms of Service:

• "Company", "We", "Us", or "Our" refers to A&J Phygital Group LLC, a limited liability company registered in the United States.
• "Service" or "Platform" refers to the AI-powered automation platform, including all software, APIs, dashboards, chatbots, and related services provided by the Company.
• "User", "You", or "Client" refers to any individual or entity that creates an account or uses our Service.
• "Content" refers to any text, data, information, configurations, or other materials uploaded, created, or processed through the Service.
• "Tokens" refers to the usage units that measure your consumption of AI processing resources.
• "Subscription" refers to the recurring payment plan that grants access to Service features.

2. Acceptance of Terms

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

2.2. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "You" shall refer to both you individually and that organization.

2.3. You must be at least 18 years of age or the age of legal majority in your jurisdiction to use this Service.

2.4. We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

3. Description of Service

3.1. A&J Phygital Group provides an AI-powered automation platform that enables Users to deploy intelligent chatbots, automate customer communications, manage leads, and integrate with various messaging platforms including WhatsApp, Telegram, Instagram, Facebook Messenger, and SMS.

3.2. The Service includes, but is not limited to:

• Multi-agent AI chatbot systems
• Automation workflow templates
• Lead qualification and management tools
• Analytics and reporting dashboards
• Integration with third-party platforms and APIs
• Token-based usage of AI processing resources

3.3. The Company reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, without liability to you.

4. Account Registration and Security

4.1. To access certain features of the Service, you must register for an account by providing accurate, current, and complete information as prompted by the registration form.

4.2. You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use of your account
• Ensuring that your account information remains accurate and up-to-date

4.3. You may not share your account credentials with any third party or allow multiple individuals to access the Service using the same account, unless expressly authorized by your subscription plan.

4.4. The Company reserves the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms or for fraudulent purposes.

5. Subscription Plans and Payment Terms

5.1. Subscription Tiers: The Service offers various subscription plans (Basic, Intermediate, Complete, and Enterprise) with different features, token allocations, and pricing as described on our website.

5.2. Billing Cycle: Subscriptions are billed on a monthly or annual basis, as selected at the time of purchase. The billing cycle begins on the date of your initial subscription purchase.

5.3. Automatic Renewal: Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for successive periods of the same duration at the then-current rate.

5.4. Token Consumption: Your subscription includes a monthly allocation of tokens. Unused tokens from your monthly allocation do not roll over to the next month. Tokens purchased separately as add-on packages do not expire.

5.5. Payment Processing: Payments are processed through secure third-party payment processors (PayPal, Stripe). By providing payment information, you authorize us to charge the applicable fees to your designated payment method.

5.6. Price Changes: We reserve the right to modify our prices at any time. Price changes for existing subscriptions will take effect at the start of the next billing cycle following notice of the change.

5.7. Taxes: All fees are exclusive of applicable taxes, levies, or duties. You are responsible for paying all such taxes associated with your use of the Service.

5.8. Failed Payments: If any payment fails, we may suspend your access to the Service until payment is received. Repeated payment failures may result in account termination.

6. Refund Policy

6.1. Subscription Refunds: Subscription fees are non-refundable except as required by applicable law. You may cancel your subscription at any time, but no refunds will be provided for partial billing periods.

6.2. Token Package Refunds: Purchased token packages are non-refundable once the tokens have been credited to your account.

6.3. Exceptions: In cases of Service unavailability exceeding 72 consecutive hours due to our fault, you may request a pro-rata credit for the affected period. Such credits must be requested within 30 days of the incident.

6.4. Dispute Resolution: Any billing disputes must be reported within 60 days of the transaction date. Contact our support team at billing@ajphygitalgroup.com to resolve disputes.

7. Acceptable Use Policy

7.1. You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Service to send spam, unsolicited messages, or engage in any form of harassment
• Transmit any content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Impersonate any person or entity or falsely claim affiliation with any person or entity
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
• Use the Service to violate any applicable laws or regulations, including data protection and privacy laws
• Use the Service to collect, store, or process personal data without proper consent or legal basis
• Use automated means (bots, scrapers, etc.) to access the Service except through our official APIs
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Use the Service in any manner that could damage, disable, or impair the Service
• Resell, sublicense, or redistribute the Service without prior written authorization

7.2. Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, without refund, and may expose you to civil or criminal liability.

8. Intellectual Property Rights

8.1. Company Intellectual Property: The Service, including all software, algorithms, user interfaces, graphics, trademarks, logos, and documentation, is owned by or licensed to the Company and is protected by copyright, trademark, and other intellectual property laws.

8.2. License Grant: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

8.3. User Content: You retain ownership of all Content you submit to the Service. By submitting Content, you grant us a worldwide, royalty-free license to use, process, and store such Content solely for the purpose of providing the Service to you.

8.4. Feedback: Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without restriction or obligation to you.

8.5. Third-Party Content: The Service may integrate with or display content from third parties. Such content remains the property of its respective owners and is subject to their terms and conditions.

9. Data Protection and Privacy

9.1. Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

9.2. Data Controller Responsibilities: When you use the Service to process personal data of your customers or end users, you act as the data controller and are responsible for:

• Obtaining all necessary consents from data subjects
• Complying with applicable data protection laws (including GDPR, CCPA, and others)
• Providing appropriate privacy notices to data subjects
• Responding to data subject requests (access, deletion, portability, etc.)
• Implementing appropriate security measures for the data you control

9.3. Data Processing: We act as a data processor when processing personal data on your behalf. We will process such data only in accordance with your instructions and these Terms.

9.4. Data Retention: You may request deletion of your data at any time. Upon account termination, we will delete or anonymize your data within 90 days, unless retention is required by law.

10. AI and Machine Learning Disclaimer

10.1. The Service utilizes artificial intelligence and machine learning technologies to provide automated communication and decision-making capabilities.

10.2. No Guarantee of Accuracy: While we strive to provide accurate and helpful AI-generated responses, the Company does not guarantee the accuracy, completeness, or reliability of any AI-generated content. AI systems may produce incorrect, incomplete, or inappropriate responses.

10.3. Human Oversight: You are responsible for monitoring and reviewing AI-generated communications with your customers. Critical business decisions should not rely solely on AI-generated recommendations.

10.4. Third-Party AI Providers: The Service may utilize AI models from third-party providers (such as OpenAI, Anthropic, Google, etc.). Your use of the Service is also subject to the terms and policies of these providers.

10.5. Continuous Improvement: AI models are continuously updated and improved. This may result in changes to AI behavior and responses over time.

11. Third-Party Integrations

11.1. The Service integrates with various third-party platforms, including but not limited to WhatsApp, Telegram, Instagram, Facebook, Google Calendar, and email providers.

11.2. Third-Party Terms: Your use of these integrations is subject to the terms and conditions of the respective third-party platforms. You must comply with all applicable third-party terms.

11.3. No Warranty: We do not control or guarantee the availability, functionality, or security of third-party services. Changes to third-party platforms may affect the functionality of our integrations.

11.4. Credentials: You are responsible for maintaining valid credentials and API keys for third-party integrations. The Company is not responsible for issues arising from expired or invalid credentials.

12. Service Level and Availability

12.1. Target Uptime: We strive to maintain 99.5% uptime for the Service, excluding scheduled maintenance and circumstances beyond our reasonable control.

12.2. Scheduled Maintenance: We will endeavor to provide advance notice of scheduled maintenance that may affect Service availability.

12.3. No Guarantee: The Service is provided "as available." We do not guarantee uninterrupted or error-free operation. Internet connectivity issues, third-party service outages, or other factors may affect Service availability.

12.4. Support: Technical support is available according to your subscription plan. Response times and support channels vary by plan level.

13. Limitation of Liability

13.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or business opportunities
• Any damages arising from interruption of business or loss of goodwill
• Any damages resulting from unauthorized access to or alteration of your transmissions or data
• Any damages arising from AI-generated content or automated decisions

13.2. Maximum Liability: Our total aggregate liability for any claims arising under or related to these Terms shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim.

13.3. Essential Purpose: These limitations apply even if we have been advised of the possibility of such damages and even if any remedy fails of its essential purpose.

14. Disclaimer of Warranties

14.1. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

14.2. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties of non-infringement
• Warranties that the Service will meet your requirements
• Warranties that the Service will be uninterrupted, timely, secure, or error-free
• Warranties regarding the accuracy or reliability of AI-generated content

14.3. No advice or information obtained from us shall create any warranty not expressly stated in these Terms.

15. Indemnification

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

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your Content or data processed through the Service
• Your infringement of any third-party rights
• Any claims by your customers or end users related to your use of the Service

15.2. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

16. Termination

16.1. Termination by You: You may terminate your account at any time through the account settings or by contacting our support team. Termination does not entitle you to a refund of any fees paid.

16.2. Termination by Us: We may suspend or terminate your account immediately, without prior notice, if:

• You breach any provision of these Terms
• We are required to do so by law
• Your account shows no activity for an extended period
• We decide to discontinue the Service

16.3. Effect of Termination: Upon termination:

• Your right to use the Service will immediately cease
• You must pay any outstanding fees
• Your data will be deleted within 90 days, unless retention is required by law
• Any provisions that by their nature should survive termination shall continue in effect

16.4. Data Export: We recommend that you export any data you wish to retain before terminating your account. We may provide data export tools, but are not obligated to do so after account termination.

17. Governing Law and Dispute Resolution

17.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

17.2. Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Miami, Florida, and judgment on the award may be entered in any court having jurisdiction.

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

17.4. Exceptions: Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

17.5. Time Limitation: Any claim arising under these Terms must be brought within one (1) year after the cause of action arises, or such claim shall be permanently barred.

18. General Provisions

18.1. Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Company regarding the Service.

18.2. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18.3. Waiver: No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right shall not constitute a waiver of such right.

18.4. Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

18.5. Force Majeure: We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, war, terrorism, labor disputes, internet outages, or government actions.

18.6. Notices: All notices under these Terms shall be in writing and sent to the email address associated with your account (for notices to you) or to legal@ajphygitalgroup.com (for notices to us).

19. Contact Information

For questions about these Terms of Service, please contact us at: