Terms of Service

These terms govern your use of our services and establish the legal relationship between you and Binari.digital.

Last updated: December 10, 2024

Important Notice

By accessing or using our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

These terms include important information about your legal rights, remedies, and obligations.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Binari Digital Inc. ("Binari.digital," "we," "us," or "our") regarding your use of our website, products, and services.

By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

AI Automation Services

We provide artificial intelligence and automation solutions, including but not limited to:

  • Custom AI model development and deployment
  • Process automation and workflow optimization
  • Chatbot and conversational AI solutions
  • Predictive analytics and data intelligence
  • Integration and API development

Tech Incubator Program

Our incubator program provides:

  • Mentorship and business guidance
  • Technical development support
  • Funding assistance and investor connections
  • Market strategy and go-to-market planning
  • Access to our network and resources

Software Products

We offer various software products and platforms as described on our website, each subject to specific terms and conditions outlined in their respective service agreements.

3. User Accounts and Registration

Account Creation

To access certain services, you may need to create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your account information
  • Keep your login credentials secure and confidential
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts. If you are using our services on behalf of an organization, you must have the authority to bind that organization.

4. Acceptable Use Policy

Permitted Uses

You may use our services for lawful business purposes in accordance with these Terms.

Prohibited Uses

You agree not to use our services to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit harmful, offensive, or illegal content
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt our services
  • Use our services for competitive intelligence
  • Reverse engineer or attempt to extract source code
  • Resell or redistribute our services without permission

5. Intellectual Property Rights

Our Intellectual Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, software, and designs, are owned by Binari.digital and protected by copyright, trademark, and other intellectual property laws.

Your Content

You retain ownership of any content you provide to us. By using our services, you grant us a limited, non-exclusive license to use your content solely for the purpose of providing our services.

Custom Developments

For custom AI solutions and developments, intellectual property ownership will be specified in separate service agreements. Generally, you will own the custom solutions developed specifically for you, while we retain rights to our underlying technology and methodologies.

6. Payment Terms

Fees and Billing

Fees for our services are as described on our website or in separate service agreements. You agree to:

  • Pay all fees when due
  • Provide valid payment information
  • Pay applicable taxes
  • Notify us of any billing disputes within 30 days

Refunds and Cancellations

Refund and cancellation policies vary by service and are specified in individual service agreements. Generally, custom development work is non-refundable once commenced.

7. Data Protection and Privacy

We are committed to protecting your privacy and personal data. Our data practices are governed by our Privacy Policy, which is incorporated into these Terms by reference.

Data Processing

For AI and automation services, we may process your data as necessary to provide our services. We will:

  • Process data only as necessary for service delivery
  • Implement appropriate security measures
  • Comply with applicable data protection laws
  • Provide data processing agreements when required

8. Service Level Agreements

Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. Specific uptime commitments are outlined in individual service agreements.

Support

Support levels and response times vary by service tier and are specified in your service agreement. We provide support during business hours unless otherwise agreed.

9. Limitation of Liability

Important Legal Notice

This section limits our liability. Please read carefully as it affects your legal rights.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
  • WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
  • WE DO NOT WARRANT THAT OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED
  • YOU USE OUR SERVICES AT YOUR OWN RISK

10. Indemnification

You agree to indemnify and hold harmless Binari.digital from any claims, damages, or expenses arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

11. Termination

Termination by You

You may terminate your account at any time by contacting us. Termination does not relieve you of payment obligations for services already provided.

Termination by Us

We may terminate or suspend your access immediately for violation of these Terms, non-payment, or other reasonable business reasons. We will provide notice when possible.

12. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

Arbitration

Any disputes arising from these Terms or our services shall be resolved through binding arbitration in San Francisco, California, except for claims that may be brought in small claims court.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after such changes constitutes acceptance of the new Terms.

14. Contact Information

If you have questions about these Terms, please contact us:

Legal Department

Email: legal@binari.digital

Phone: +1 (555) 123-4567

Address: Binari Digital Inc.
123 Tech Street
San Francisco, CA 94105
United States

General Support

Email: support@binari.digital

Phone: +1 (555) 123-4567

Business Hours:
Monday - Friday: 9:00 AM - 6:00 PM PST
Emergency Support: 24/7