Terms of Service

1. Agreement to these terms

These Terms of Service (the “Terms”) form a binding agreement between you and Tyms (“Tyms”, “we”, “us”, or “our”) governing your use of tyms.ai, our applications, agents, channels, marketplaces, masterclasses, partner programs, APIs, and related services (collectively, the “Services”).

By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to both you and the organization.

2. Eligibility and accounts

You must be at least 16 years old, or the age of majority in your jurisdiction, to use the Services. By signing up, you confirm that you meet this requirement and that the information you provide is accurate.

You are responsible for activity that occurs under your account and for keeping your credentials secure. Notify us immediately if you suspect unauthorized access. Tyms may suspend or close accounts that violate these Terms or that pose risk to the platform.

3. Your content and data

“Customer Content” means the data, prompts, files, configurations, and other materials you submit to or generate through the Services. As between you and Tyms, you own your Customer Content.

You grant Tyms a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and otherwise use Customer Content solely to operate, secure, and improve the Services for you, to comply with law, and as otherwise permitted by your subscription. We do not use Customer Content to train foundation models without your permission.

4. Acceptable use

You agree not to use the Services to do, or to enable anyone else to do, any of the following:

• Break the law, infringe the rights of others, or violate the privacy or intellectual property of any person.
• Send spam, phishing, malware, or other harmful, deceptive, or unsolicited content through Tyms channels.
• Probe, scan, or test the vulnerability of the Services or attempt to bypass authentication, rate limits, or access controls.
• Reverse engineer, decompile, or attempt to extract source code, model weights, or training data from the Services, except where this restriction is prohibited by law.
• Use the Services to build a competing product or to benchmark our models without our written permission.
• Process information about people in ways that violate applicable data protection or consumer protection laws.
• Use AI agents, channels, or automations to make decisions about employment, credit, housing, healthcare, education, or similar areas in ways that violate law or that lack meaningful human oversight where required.

5. AI output and human oversight

The Services include AI agents and automated systems that generate text, decisions, and actions (“Output”). Output can be incorrect, incomplete, or unsuitable for your specific situation. You are responsible for reviewing Output before relying on it for decisions that affect people, money, compliance, or safety.

You must not present Output as the work of a human if that would mislead a customer, regulator, or counterparty. Where law or industry rules require disclosure that you are interacting with an AI agent, you must make that disclosure.

6. Subscriptions, fees, and billing

Some Services require a paid subscription or usage-based fees. By subscribing, you agree to pay all applicable fees and taxes as described in your order or plan.

• Subscriptions renew automatically at the end of each billing period unless cancelled.
• Usage-based charges (for example, channel messages, minutes, or agent actions) are billed based on your actual consumption.
• Fees are non-refundable except as required by law or expressly stated in your plan.
• We may change fees on prospective renewal terms with reasonable notice. If you do not agree to a change, you may cancel before the change takes effect.

7. Trials, beta features, and previews

From time to time we offer trials, beta features, or previews. These are provided “as is” and may be modified or discontinued at any time. They may have different — or no — service levels, and they may have different privacy or security characteristics than generally available features. Do not rely on beta features for production workloads unless we tell you they are ready.

8. Third-party services and channels

The Services let you connect to third-party tools, channels, marketplaces, and partners. Those third parties are not controlled by Tyms, and your use of them is subject to their own terms and privacy policies. We are not responsible for third-party services and do not guarantee their availability or behavior.

9. Intellectual property

Tyms and its licensors own the Services, including all software, models, designs, content, and trademarks, except for Customer Content. These Terms do not transfer ownership of any Tyms intellectual property to you. We grant you a limited, non-exclusive, non-transferable right to use the Services according to these Terms and your plan.

10. Feedback

If you send us feedback, ideas, or suggestions about the Services, you grant Tyms a non-exclusive, perpetual, irrevocable, royalty-free license to use that feedback for any purpose, without obligation to you.

11. Confidentiality

Each party may receive non-public information from the other in connection with the Services. The receiving party must protect that information with at least the same care it uses for its own confidential information, and must use it only to perform under these Terms. This obligation does not apply to information that is public, independently developed, lawfully received from a third party, or required to be disclosed by law.

12. Term and termination

These Terms remain in effect while you use the Services. Either party may terminate the agreement as set out in your order, your plan, or for material breach. We may suspend or terminate access immediately if your use of the Services creates legal or security risk for Tyms or others.

On termination, your right to use the Services ends. You may export your Customer Content for a limited period after termination, after which we may delete it. Sections that by their nature should survive termination (such as ownership, indemnity, disclaimers, limitations, and confidentiality) will survive.

13. Disclaimers

Except as expressly stated in a written agreement signed by Tyms, the Services are provided “as is” and “as available”. To the maximum extent permitted by law, Tyms disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or trade usage.

We do not warrant that the Services will be uninterrupted, error-free, or secure, or that AI Output will be accurate, complete, or appropriate for your specific use case. You are responsible for testing the Services and Output for your purposes.

14. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, data, or business opportunities, even if advised of the possibility of such damages.

Each party’s total liability arising out of or related to these Terms will not exceed the amounts paid or payable by you to Tyms for the Services in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

15. Indemnification

You will defend, indemnify, and hold harmless Tyms and its affiliates from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your Customer Content, your use of the Services in violation of these Terms or applicable law, or your infringement of any third-party right.

16. Governing law and disputes

These Terms are governed by the laws of the jurisdiction stated in your order, or — if no jurisdiction is stated — by laws applicable at our principal place of business, without regard to conflict-of-laws rules. The parties consent to exclusive jurisdiction in the courts of that location, except where mandatory consumer-protection laws require otherwise.

17. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will notify you through the Services or by email and update the “Last updated” date above. If you continue to use the Services after the update takes effect, you accept the revised Terms.

18. General

These Terms, together with any order, plan, and data processing addendum, form the entire agreement between you and Tyms regarding the Services. If any provision is held unenforceable, the remaining provisions will continue in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; Tyms may assign them in connection with a merger, acquisition, or sale of assets.