Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Anywaye platform and services (the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

This document contains specific terms for our Enterprise Customers (the businesses building agents) and for the End-Users (the individuals interacting with those agents).

I. Terms for Enterprise Customers

If you are an entity subscribing to our Service to build conversational agents, you are a "Customer." These terms apply to you.

1. The Service

Anywaye provides a platform for building, deploying, and monitoring conversational AI agents that interact with your backend systems via APIs. Our Service includes the Studio, Brain, Chat, Models, Patterns and Enterprise products. We grant you a limited, non-exclusive, non-transferable license to use the Service for your business purposes, subject to these Terms and the specifics of your Order Form or Enterprise Agreement.

2. Subscriptions, Fees, and Payment

You agree to pay all applicable fees as described in your ordering document. Our pricing is typically based on message volume. You are responsible for providing accurate and current payment information. Overdue payments may result in interest charges or suspension of service. All fees are non-refundable except as explicitly stated in your agreement or required by law.

3. Customer Data and Intellectual Property

• Your Data is Yours. You retain all ownership rights to the data you provide to the Service, including your API schemas, business rule configurations, and all data related to your End-Users ("Customer Data").
• Our License to You. We own all rights, title, and interest in and to the Anywaye Service, including the underlying platform, software, and any aggregated, anonymized usage data.
• Limited License to Us. You grant us a limited, worldwide, royalty-free license to use, reproduce, and process Customer Data solely for the purpose of providing, maintaining, and improving the Service for you.

4. Customer Responsibilities and Acceptable Use

You are responsible for:

• Compliance with Laws: Ensuring that your use of the Service and the data you process comply with all applicable laws and regulations, including data privacy laws.
• Your APIs: The security, availability, and performance of the APIs you connect to the Service.
• End-User Conduct: The conduct of your End-Users and for providing your own terms of service and privacy policy to them.
• Security: Maintaining the confidentiality of your account credentials and API keys.

You may not use the Service to build agents that engage in, promote, or facilitate illegal, harmful, or abusive activities.

5. Service Level Agreement (SLA)

For our Enterprise Customers, we provide a 99.9% uptime Service Level Agreement (SLA). The specific terms, credits, and conditions of this SLA are detailed in your Enterprise Agreement.

II. Terms for End-Users

If you are an individual interacting with a conversational agent "Powered by Anywaye," you are an "End-User." These terms apply to you.

1. Relationship

Your primary relationship is with the company (our "Customer") that provided the agent you are using. Anywaye is the technology platform that powers the conversation. Your use of the agent is subject to the terms and privacy policy of that company.

2. Acceptable Use

You agree not to use the Service in any way that is unlawful, fraudulent, or harmful. This includes, but is not limited to:

• Attempting to reverse-engineer, decompile, or otherwise discover the source code of the platform.
• Sending spam or malicious content.
• Attempting to bypass security or authentication measures.
• Using the service to harass, abuse, or harm others.

III. General Legal Provisions

1. Termination

Enterprise Customers may terminate their subscription as outlined in their Enterprise Agreement. We may suspend or terminate your access to the Service if you are in material breach of these Terms. Upon termination, your right to use the Service will cease, and we will handle data deletion as described in our Privacy Policy and your DPA.

2. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ANYWAYE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

IN NO EVENT WILL ANYWAYE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY IN ANY MATTER ARISING OUT OF THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

3. Indemnification

As a Customer, you agree to defend, indemnify, and hold harmless Anywaye, its officers, directors, employees, and agents from and against any claims, liabilities, damages, and costs (including legal fees) arising from or related to your use of the Service, your Customer Data, or your violation of these Terms.

4. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved through final and binding arbitration in Wilmington, Delaware.

5. Changes to These Terms

We may modify these Terms from time to time. We will provide our Customers with notice of material changes. Continued use of the Service after such changes constitutes your acceptance of the new Terms.

6. Contact Us

For privacy-related inquiries, please email us.