Terms of Service

By accessing or using any Dafinitiq service, website, or product (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, do not use the Services. These Terms constitute a legally binding agreement between you and Dafinitiq Inc. ("Dafinitiq", "we", "us", "our").

Dafinitiq provides custom AI automation systems, including but not limited to: AI voice agents, workflow automation, document processing pipelines, AI chatbots, virtual assistants, and personalization engines (collectively, the "Services"). Services are provided on a subscription basis or as one-time project engagements, as specified in your service agreement or order form. The specific features, limitations, and terms of each Service are set out in the applicable order form, statement of work (SOW), or service-level agreement (SLA).

To access certain Services, you may be required to create an account. You are responsible for: • Maintaining the confidentiality of your account credentials • All activity that occurs under your account • Notifying us immediately at security@dafinitiq.com of any unauthorized use We reserve the right to terminate accounts that violate these Terms or that have been inactive for more than 12 consecutive months, following reasonable notice.

You agree not to use the Services to: • Violate any applicable law or regulation • Infringe the intellectual property rights of any third party • Transmit any material that is defamatory, obscene, or otherwise objectionable • Introduce malware, viruses, or other malicious code • Attempt to gain unauthorized access to any system or network • Engage in any form of automated data collection not expressly permitted • Resell or sublicense the Services without written permission • Use the Services to process data in violation of applicable privacy laws (including GDPR, CCPA, HIPAA) Dafinitiq reserves the right to suspend or terminate Services immediately if we determine, in our sole discretion, that your use violates these Terms.

Subscription fees are billed in advance on a monthly or annual basis, as selected at sign-up. All fees are non-refundable except as required by applicable law or as specified in your service agreement. Project-based engagements are billed per the payment schedule in the applicable SOW. A non-refundable deposit (typically 50%) is due before project work begins. We reserve the right to modify pricing with 30 days' written notice. Your continued use of the Services after a price change constitutes acceptance of the new pricing. Late payments may incur interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.

Dafinitiq's IP: All software, AI models, methodologies, documentation, and other materials developed by Dafinitiq remain the exclusive property of Dafinitiq, including any improvements or modifications made during the course of delivering Services. Your data and deliverables: You retain all rights to your input data. Custom deliverables (trained models, configured systems, integrations) built specifically for you under a SOW are yours upon full payment, subject to any underlying Dafinitiq components that remain licensed to you. You grant Dafinitiq a limited license to use your data solely to provide the Services. We do not use your data to train general-purpose models or share it with third parties except as necessary to deliver your Services.

Each party agrees to keep confidential all non-public information disclosed by the other party ("Confidential Information") and to use it only for the purposes of the Services. This obligation does not apply to information that: • Is or becomes publicly available through no breach of these Terms • Was already known to the receiving party prior to disclosure • Is independently developed without use of Confidential Information • Is required to be disclosed by law or court order (with prompt notice to the disclosing party) Confidentiality obligations survive termination of these Terms for 3 years.

Dafinitiq warrants that: (a) it has the right to provide the Services; (b) the Services will perform materially as described in applicable documentation; and (c) Dafinitiq will comply with applicable laws in providing the Services. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" TO THE MAXIMUM EXTENT PERMITTED BY LAW. DAFINITIQ DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Dafinitiq does not warrant that the Services will be uninterrupted, error-free, or that AI outputs will be 100% accurate. AI systems produce probabilistic outputs; human review is recommended for high-stakes decisions.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAFINITIQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DAFINITIQ'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID DAFINITIQ IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $500. Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in such jurisdictions, Dafinitiq's liability is limited to the minimum extent permitted by law.

You agree to indemnify, defend, and hold harmless Dafinitiq and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of: (a) your use of the Services in violation of these Terms; (b) your violation of any applicable law; or (c) your infringement of any third-party rights.

These Terms remain in effect while you use the Services. Either party may terminate: • For convenience: with 30 days' written notice (subscription Services) • For cause: immediately if the other party materially breaches these Terms and fails to cure within 14 days of written notice • Immediately: if the other party becomes insolvent, makes an assignment for creditors, or is subject to bankruptcy proceedings Upon termination, your right to use the Services ceases. We will provide you with a copy of your data for 30 days post-termination, after which we will delete it in accordance with our data retention policy.

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any dispute arising out of or related to these Terms or the Services shall first be submitted to good-faith negotiation. If not resolved within 30 days, disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association, conducted in English. Each party shall bear its own costs unless the arbitrator determines that a claim was frivolous. Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

We may modify these Terms at any time. We will notify you of material changes via email or prominent notice on our website at least 30 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

For questions about these Terms, contact: Dafinitiq Inc. 8 The Green STE A Dover, DE 19951, United States Email: legal@dafinitiq.com