Tykuno Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the websites, web application, APIs, and any related services provided by Tykuno LLC ("Tykuno", "we", "us", or "our") that link to these Terms (collectively, the "Services").

By accessing or using the Services in any way, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization. In that case, "you" and "your" refer to the organization.

The Services are intended for use by businesses and individuals at least 18 years old.

1. Use of the Services

You may use the Services only in compliance with these Terms and all applicable laws and regulations.

You are responsible for:

• All activity that occurs under your account
• Keeping your login credentials confidential
• Ensuring that your use of the Services complies with telecommunication, privacy, marketing, and data protection laws (including any consent requirements for SMS, email, or other outreach)

Tykuno may change, suspend, or discontinue any part of the Services at any time, with or without notice.

2. License and Intellectual Property

Subject to your compliance with these Terms and payment of any applicable fees, Tykuno grants you a limited, non exclusive, non transferable, revocable license to access and use the Services for your internal business purposes.

You must not:

• Copy, modify, or create derivative works based on the Services
• Reverse engineer, decompile, or attempt to extract the source code of the Services, except to the extent such restriction is prohibited by law
• Remove, obscure, or alter any proprietary notices
• Resell, lease, or sublicense the Services to any third party
• "Frame" or "mirror" any part of the Services without our prior written consent

Tykuno and its licensors own all right, title, and interest in and to the Services, including all software, interfaces, templates, designs, and documentation. Except for the limited license above, no rights are granted to you.

3. Your Account

To use certain features, you must create an account and provide accurate, complete, and current information. You agree to update your information as needed so it remains accurate and complete.

You must not:

• Use another person's account
• Create an account using a false identity or another person's information without permission
• Share your password or allow others to access your account

You must notify us promptly at security@tykuno.ai if you suspect any unauthorized access to or use of your account.

Tykuno may refuse registration, suspend, or terminate accounts at its discretion, including if we believe you have violated these Terms.

4. Customer Content and Data

You may upload, connect, or otherwise submit data to the Services, including but not limited to:

• Contact lists and CRM records
• Conversation history and message content
• Booking data, tags, notes, and other information
• Calendar or email data when you choose to connect those systems

We refer to all such data as "Customer Content".

You represent and warrant that:

• You have all necessary rights, consents, and permissions to provide Customer Content to Tykuno and to use it with the Services
• Your collection and use of Customer Content complies with all applicable laws, including marketing and privacy laws
• Customer Content does not infringe or violate any third party rights

As between you and Tykuno, you retain all rights to your Customer Content. By using the Services, you grant Tykuno a worldwide, non exclusive, royalty free license to host, store, process, transmit, display, and otherwise use Customer Content only as necessary to provide and improve the Services, comply with law, and enforce these Terms.

Tykuno may generate aggregated or de identified data from Customer Content and usage data. We may use such aggregated or de identified data for analytics, product improvement, and other lawful business purposes, provided that it cannot reasonably be used to identify you or your end users.

5. Acceptable Use

You must not use the Services to:

• Send spam or unsolicited messages in violation of law or carrier policies
• Harass, threaten, or harm others
• Promote or conduct illegal activities
• Upload or transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to the Services or related systems
• Interfere with the normal functioning or security of the Services
• Misrepresent your identity or affiliation
• Collect or process sensitive personal data that is not appropriate for the Services (for example, protected health information) without our prior written agreement

You must honor opt out or unsubscribe requests from your recipients and configure your messaging campaigns accordingly.

Tykuno may monitor use of the Services for abuse and may remove content or suspend accounts that violate these Terms or create risk for Tykuno, our infrastructure, or others.

6. AI Features

The Services may use artificial intelligence to generate messages, suggestions, summaries, or other outputs.

You understand and agree that:

• AI outputs may be inaccurate, incomplete, or inappropriate
• You are responsible for reviewing AI outputs before sending or relying on them
• You are responsible for any decisions, messages, or actions based on AI outputs

Tykuno is not responsible for how you choose to use AI outputs in your business.

7. Third Party Services and Integrations

The Services may enable or require integrations with third party products and services, such as communication providers, CRM systems, calendar and email platforms, analytics tools, or payment processors.

If you enable a third party integration:

• You authorize Tykuno to access and exchange data with the third party as needed to provide the integration
• Your use of the third party service is governed by that third party's terms and privacy policies
• Tykuno is not responsible for third party services, their security, or their availability
• You are responsible for any fees charged by third party providers you connect to the Services.

8. Fees and Payment

If you subscribe to a paid plan, you agree to pay all fees described in the order, pricing page, or separate agreement, plus any applicable taxes.

Unless otherwise stated:

• Fees are billed in advance and are non refundable
• Subscriptions automatically renew for successive terms unless you cancel before the end of the current term
• We may change fees for future billing periods by providing reasonable notice

If we cannot collect payment, we may suspend or terminate your access to the paid portions of the Services.

9. DMCA and Copyright

Tykuno respects the intellectual property rights of others and expects users to do the same.

If you believe that content on the Services infringes your copyright, you may send a notice that includes the information required by 17 U.S.C. § 512 to our designated agent:

Designated Agent for DMCA Notices
Tykuno LLC
Attn: Legal Department
767 Arthur Godfrey Rd
Miami Beach, FL 33140
United States
Email: legal@tykuno.ai

We may remove or disable access to the challenged content and may terminate accounts of repeat infringers when appropriate.

If you believe that content was removed in error, you may send a counter notice to the same address containing the information required by 17 U.S.C. § 512(g). We may restore the content if we receive a valid counter notice and no legal action is filed within the time period specified by law.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, TYKUNO AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT.

Tykuno does not warrant that the Services will be uninterrupted, error free, secure, or free of harmful components, or that any data or content will be accurate or preserved without loss.

You use the Services at your own risk.

11. Limitation of Liability

To the maximum extent permitted by law:

• Tykuno will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising out of or related to your use of or inability to use the Services, even if we have been advised of the possibility of such damages.
• Tykuno's total cumulative liability arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amount you paid to Tykuno for the Services in the twelve months before the event giving rise to the claim, or (b) one hundred U.S. dollars (100 USD).

Some jurisdictions do not allow the exclusion of certain damages or limitations on implied warranties, so some of the above exclusions and limitations may not apply to you. In that case, they will apply to the maximum extent permitted by law.

12. Indemnification

You will defend, indemnify, and hold harmless Tykuno, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Services
• Customer Content or communications you send using the Services
• Your violation of these Terms or any applicable law
• Your infringement or violation of any third party rights

We may assume exclusive control of any matter subject to indemnification. You agree to cooperate with our defense of such claims.

13. Term and Termination

These Terms remain in effect while you use the Services.

Tykuno may suspend or terminate your access to all or part of the Services at any time, with or without notice, if we believe you have violated these Terms, create risk or possible legal exposure for Tykuno, or for any other reason at our discretion.

You may stop using the Services at any time and, if applicable, may cancel your subscription as described in your plan.

Upon termination:

• Your right to use the Services will end
• Sections that by their nature should survive termination will continue in effect, including ownership provisions, disclaimers, limitations of liability, indemnity, and governing law
• We may retain and use your data as described in our Privacy Policy and these Terms.

14. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or related to them or the Services are governed by the laws of the State of Florida, without regard to its conflict of law rules.

You agree that the exclusive jurisdiction and venue for any dispute arising out of or relating to these Terms or the Services will be the state and federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of those courts.

Any cause of action you bring arising out of or related to the Services must begin within one year after the cause of action accrues, or such cause of action is permanently barred.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last Updated" date at the top. If we make material changes, we may provide additional notice, such as by email or in-app message.

Your continued use of the Services after the updated Terms become effective means you accept the changes. If you do not agree, you must stop using the Services.

16. Miscellaneous

These Terms, together with our Privacy Policy and any order forms or additional terms expressly agreed in writing, form the entire agreement between you and Tykuno regarding the Services.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

Our failure to enforce any right or provision is not a waiver of that right or provision.

You may not assign or transfer these Terms or your rights or obligations without our prior written consent. We may assign or transfer these Terms without restriction.

Nothing in these Terms creates any agency, partnership, or joint venture between you and Tykuno.

17. Contact Us

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

Tykuno LLC
767 Arthur Godfrey Rd
Miami Beach, FL 33140
United States

Legal and privacy: legal@tykuno.ai

Security: security@tykuno.ai

Support: support@tykuno.ai