1. Introduction

These Terms of Service ("Terms") meticulously regulate the usage of any Platform, Software, and Services (collectively referred to as "Services") offered by Maxmite Global Private Limited, a private limited company duly incorporated under the provisions of the Companies Act, 1956. The registered office is situated at Unit 13, Best Business Park, NSP, New Delhi, India. This comprehensive legal agreement extends its applicability to encompass all activities conducted on the associated website.

Throughout these Terms, the designations "user," "you," and "your" are expressly reserved for individuals who engage in registering, accessing, and utilizing the Platform or the Software. Conversely, the designations "we," "us," and "our" are indicative of Maxmite Global Private Limited.

Prior to embarking on registration on the Platform, utilizing the Software, or engaging in any Services (collectively referred to as "Services" herein), it is incumbent upon you to meticulously peruse these Terms. By selecting the "I Agree To The Terms and Conditions" option, conspicuously provided on the login and/or sign-up page, you unequivocally express your acceptance of these Terms, acknowledging their binding effect for the entire duration of your usage or access to the Platform or the Services.

It is underscored that we reserve the unequivocal right to unilaterally modify these Terms at periodic intervals. Any modifications effectuated in the Terms shall be communicated to you, and the continuance of your usage or access to the Platform or Services implicitly denotes your acquiescence to the amended Terms.

NON-ACCEPTANCE DISCLAIMER

If you do not agree to abide by and be bound by these Terms, it is imperative that you refrain from registering on, accessing, or utilizing the Platform or the Services. Your non-acceptance precludes your eligibility to engage in any form of registration, access, or utilization of the aforementioned Platform or Services.

2. Services

Provision of Services

The Services may be rendered either through the Platform or by deploying the Software within the Customer's systems.

• Services Through the Platform:

  - When availed through the Platform, the Services encompass the Platform itself and the associated APIs facilitating integration with your systems.

• Services Through Software Deployment:

  - When accessed through a software, the Services encompass the Software and any accompanying Software Development Kit provided therewith. Integration of the Software with your business applications (Integrated Applications) is permissible only upon obtaining our explicit consent and in strict adherence to the terms outlined herein.

• Functionalities of the Services:

  - The Services facilitate the storage, analysis, and automated transmission of messages between your business systems and your customers on third-party messaging channels. This is executed through a web-based interface. By utilizing the Services, you can initiate and receive messages between your business or a designated business client (collectively referred to as "Business") and any individual engaging in communication with the Business (referred to as "Chat Participant") on a third-party messaging platform used by the Chat Participant for message transmission. These communications may be either manual or automated.

• Integration and Analytics:

  - The Services have the capability to seamlessly integrate with your Client Records Management (CRM) systems. Additionally, you may employ the Services to obtain analytical insights into the interactions between Businesses and Chat Participants.

• Definition of "Conversation":

  - For purposes of clarity, a "conversation" is defined as a single outgoing message sent through any tools and software available on our platform, including custom-built APKs and plugins.

• Fees for Services:

  - The Fees applicable to the Services shall be predetermined and settled in the manner mutually agreed upon between Maxmite Global Private Limited and the user.

3. Access and Usage Guidelines:

Upon your request, we may facilitate the creation and provision of multiple profiles, specifically Administrator's Profiles, intended for use by individuals employed or contracted by you, herein referred to as Administrative Users. It is imperative that you refrain from sharing the credentials of the Administrator's Profile with any individual other than an authorized Administrative User. Furthermore, you must explicitly instruct Administrative Users against sharing these credentials with any other person.

Each Administrative User is authorized to utilize the Services solely through the designated Account and shall be granted access for purposes delineated within these Terms. You bear the responsibility for overseeing the activities and communications of all Customer's Clients, Administrative Users, and Chat Participants (as defined below). It is incumbent upon you to ensure their compliance with these Terms, as well as any guidelines and policies periodically published by us.

In compliance with our authority to govern the usage of our Services, you are explicitly prohibited from:

• Content Restrictions:
  • Sending, uploading, collecting, transmitting, storing, using, disclosing, or processing any data or messages that contain computer viruses, worms, malicious code, or software designed to damage or alter computer systems or data.
  • Distributing false, intentionally misleading, or impersonating content that represents any other person.
  • Generating content that is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive. This includes content containing pornography, nudity, or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm against any group or individual.
  • Creating content that is harmful to minors or targeted at individuals under the age of 18.
  • Violating the obligations set forth by the Customer or any other person under applicable laws. This includes infringing upon, violating, or misappropriating the rights of any person or entity.
  • Encouraging any conduct that may violate applicable laws or result in civil or criminal liability.

• Technical Restrictions:

  - Disabling, excessively burdening, impairing, or otherwise interfering with servers or networks connected to the Platform or the Software (e.g., engaging in denial of service attacks).

• Unauthorized Access:

  - Attempting to gain unauthorized access to the Platform.

• Data and Software Restrictions:

  - Using any data mining, robots, or similar data gathering or extraction methods. Copying, modifying, reverse engineering, reverse assembling, disassembling, or decompiling the Services or any part thereof, or attempting to discover any source code, except as expressly provided for under these Terms.

• Harmful Usage:

  - Using the Services in a manner that causes harm, disruption, or interference with the Services. This includes employing the Services for the purpose of constructing a product or service similar or competitive in nature.

• Compliance with Terms:

  - Using the Services only as permitted by these Terms.

Non-compliance with these stipulations may result in the suspension or termination of access to the Services, and may also lead to legal action as deemed appropriate.

Your Obligations

In utilizing the Services, you are bound by the following obligations:

• Compliance with Third-Party Terms:

  - Adhere to the terms and conditions governing the use of any Third-Party Messengers, Integrated Applications, and other applications utilized in conjunction with the Platform or Software.

• Interoperability Measures:

  - Take all necessary measures to facilitate interoperability between the Platform or Software and any Third-Party Messengers or Integrated Applications

• Data Protection Compliance:

  - Abide by all relevant privacy and data protection laws, ensuring that AIYO can process personal data generated or provided during the use of the Services in accordance with these Terms.

• Legal Rights to Data Processing:

  - Ensure that all users possess the legal right to process any data handled through the Services.

• Intellectual Property Rights

  - Confirm that you hold the right to use and license any Intellectual Property utilized in conjunction with the Software, Platform, and the Services.

• Regulatory Compliance:

  - Obtain requisite permits, registrations, and licenses mandated by applicable laws for the lawful use of the Services by any user.

• Trademark and Logo Submission:

  - Furnish us with your trademarks and logos, or those of your business clients, to facilitate the marketing of our Services.

• Timely Payment of Fees:

  - Timely remit the Fees as and when they become due.

• Confidentiality Maintenance:

  - Safeguard the confidentiality of any information disclosed by AIYO in the course of providing Services, particularly where a reasonable expectation of confidentiality may arise.

4. Modifications to the Service and Fees

Limited Liability

To the maximum extent permitted under applicable law, Maxmite Global shall not be held liable to the Customer or any User for any:

• Special or Exemplary Damages:

  - Special, exemplary, punitive, indirect, incidental, or consequential damages.

• Losses:

  - Lost savings, profit, data, use, or goodwill.

• Business Interruption:

  - Business interruption.

• Costs:

  - Any costs incurred for the procurement of substitute products or services.

• Personal Injury or Death:

  - Personal injury or death.

• Property Damage:

  - Personal or property damage arising out of or in any way connected to these Terms, irrespective of the cause of action or the theory of liability, including but not limited to contract, tort (including negligence, gross negligence, fundamental breach, breach of a fundamental term), or otherwise, even if notified in advance of the possibilities of such damages.

Maxmite Global disclaims any liability to the Customer for changes in Integrated Applications, Third-Party Messengers, or any other domain, software, or hardware used for providing the Services but not constituting a part of the Platform or Software, which may prevent the Services from functioning seamlessly with those Integrated Applications, Third-Party Messengers, or Third-Party Services.

In any event, the total liability of Maxmite Global to the Customer shall not exceed the fee paid for one month of subscription.