Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "Customer", "you", or "your") and GYB Agent ("GYB Agent", "we", "us", or "our") governing your access to and use of the GYB Agent platform, services, and related applications.

By creating an account, accessing, or using any part of the GYB Agent platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional guidelines or rules applicable to specific services or features. If you do not agree to these Terms, you must immediately discontinue use of our services.

2. Service Description

GYB Agent is a Software-as-a-Service (SaaS) platform that enables businesses to create, deploy, and manage specialized AI agents that autonomously collaborate to achieve business objectives through intelligent automation.

2.1 Core Platform Services

• AI agent creation and configuration tools with no-code interface
• Multi-agent orchestration and autonomous collaboration systems
• Pre-built templates for Marketing, Content, Data Analysis, Customer Service, Sales, and Operations
• Workflow automation and business process optimization
• Real-time analytics, monitoring, and performance tracking dashboards
• Integration APIs and webhooks for third-party service connectivity
• Team collaboration features and workspace management
• Enterprise security and compliance controls

2.2 Service Subscription Tiers

• Starter Plan: Individual users and small teams exploring AI automation
• Professional Plan: Growing businesses requiring advanced automation and collaboration features
• Enterprise Plan: Large organizations with custom requirements, dedicated support, and advanced security

2.3 Beta and Experimental Features

We may offer beta, preview, or experimental features ("Beta Features") that are clearly marked as such. Beta Features are provided "as is" without warranties and may be discontinued at any time. Your use of Beta Features is at your own risk and subject to additional terms we may provide.

3. Account Registration and Terms

3.1 Account Registration Requirements

To use GYB Agent, you must create an account by providing accurate, complete, and current information including:

• Full legal name and valid email address
• Company or organization information (for business accounts)
• Billing and payment details
• Accurate contact information for communications

3.2 Account Security and Responsibility

You are solely responsible for:

• Maintaining the confidentiality and security of your account credentials, API keys, and access tokens
• All activities, actions, and content generated under your account, including actions taken by AI agents you create
• Immediately notifying us of any unauthorized access, security breach, or suspicious activity
• Ensuring all account information remains accurate and up-to-date
• Compliance with all applicable laws and regulations in your jurisdiction

3.3 Eligibility Requirements

By creating an account, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction
• You have the legal capacity and authority to enter into this binding agreement
• If registering on behalf of an organization, you have the authority to bind that entity to these Terms
• You are not prohibited from using our services under any applicable laws or sanctions
• All registration information you submit is truthful, accurate, and complete

3.4 Corporate and Team Accounts

For team or enterprise accounts, the account owner is responsible for:

• Managing user access, permissions, and roles within the workspace
• Ensuring all team members comply with these Terms
• All billing obligations and payment responsibilities
• Actions taken by any team member with access to the account

4. User Content and Intellectual Property Rights

4.1 Ownership of Your Content

You retain all rights, title, and interest in and to your original content, data, and materials, including:

• Business data, CRM information, and customer records processed by AI agents
• AI agent configurations, workflows, and automation rules you create
• Marketing content, documents, and files uploaded to the platform
• Custom integrations and API configurations
• Proprietary business processes and methodologies
• Any derivative works or outputs generated using your input data

4.2 Limited License Grant to GYB Agent

By uploading or submitting content to GYB Agent, you grant us a limited, non-exclusive, worldwide, royalty-free, sublicensable license to:

• Process, analyze, and execute tasks using your data through AI agents
• Store, cache, and backup your content on our secure infrastructure
• Enable multi-agent collaboration and data sharing within your authorized workspace
• Provide analytics, insights, and performance monitoring
• Facilitate integrations with third-party services you authorize
• Provide technical support, troubleshooting, and service improvements

This license terminates when you delete your content or close your account, except for backup copies retained according to our data retention policies.

4.3 GYB Agent Intellectual Property

All intellectual property rights in the GYB Agent platform, including but not limited to:

• Software code, algorithms, and AI models
• Platform design, user interface, and features
• Trademarks, logos, and branding materials
• Documentation, tutorials, and educational content
• Pre-built agent templates and workflows

remain the exclusive property of GYB Agent and its licensors. You may not copy, modify, reverse engineer, or create derivative works without express written permission.

4.4 Prohibited Content and Uses

You agree not to upload, process, or enable AI agents to work with content that:

• Violates any intellectual property rights, copyrights, trademarks, or proprietary rights of third parties
• Contains malware, viruses, or malicious code designed to harm systems or users
• Includes illegal, fraudulent, defamatory, or harmful material
• Violates privacy rights or discloses personal data without proper authorization
• Promotes violence, terrorism, hate speech, or discrimination
• Involves illegal activities, gambling, or controlled substances
• Violates export control laws or international sanctions

5. Payment Terms and Billing

5.1 Subscription Plans and Pricing

GYB Agent offers subscription-based pricing with monthly or annual billing cycles. By subscribing to a paid plan, you agree to:

• Pay all fees associated with your selected subscription tier
• Automatic renewal at the end of each billing period unless cancelled
• Price changes with at least 30 days advance written notice
• Taxes, duties, and fees applicable in your jurisdiction

5.2 Free Trial and Promotional Offers

We may offer free trials or promotional pricing at our sole discretion:

• Free trials are limited to one per user or organization unless otherwise stated
• Trial accounts automatically convert to paid subscriptions unless cancelled before the trial ends
• Promotional pricing is subject to specific terms and expiration dates
• We reserve the right to modify or discontinue promotions at any time
• Abuse of free trials or promotional offers may result in account termination

5.3 Payment Processing and Authorization

• Payments are securely processed by third-party payment providers (Stripe, PayPal)
• You authorize us to charge your designated payment method for all applicable fees
• You must provide valid payment information and keep it current
• Failed payments may result in service suspension or account downgrade
• We are not responsible for fees charged by your financial institution

5.4 Refund and Cancellation Policy

• You may cancel your subscription at any time through account settings
• Cancellations take effect at the end of the current billing period
• No refunds are provided for partial months or unused portions of subscription
• Refunds may be issued at our sole discretion for service issues or errors
• Enterprise customers may negotiate custom refund terms in their agreement

5.5 Usage-Based Charges

Certain features may incur additional usage-based charges:

• Exceeding plan limits for API calls, agent executions, or data processing
• Premium integrations or add-on services
• Custom AI agent development or professional services

6. Usage Guidelines and Restrictions

6.1 Acceptable Use Policy

You agree to use GYB Agent only for lawful, ethical business purposes. You must not:

• Reverse engineer, decompile, disassemble, or attempt to extract source code or AI models
• Use the platform to compete with, replicate, or create substitute services to GYB Agent
• Share, transfer, or resell account access without authorization
• Circumvent usage limits, security measures, or access controls
• Use automated scripts, bots, or tools to abuse the platform beyond intended use
• Interfere with or disrupt platform infrastructure, servers, or networks
• Attempt to gain unauthorized access to other users' accounts or data
• Use the service to send spam, phishing attempts, or unsolicited communications
• Create AI agents designed to harm, deceive, or manipulate users

6.2 Fair Use and Resource Limits

Each subscription plan includes defined usage limits to ensure fair access for all users:

• Number of active AI agents and concurrent executions
• Monthly task execution limits and API call quotas
• Data storage and bandwidth allocations
• Team member seats and workspace capacity

Excessive usage beyond reasonable limits may result in temporary throttling, upgrade requirements, or additional charges.

6.3 Compliance with Laws and Regulations

You are responsible for ensuring your use of GYB Agent complies with:

• All applicable local, state, national, and international laws
• Data protection and privacy regulations (GDPR, CCPA, etc.)
• Industry-specific regulations relevant to your business
• Export control laws and international trade sanctions
• Anti-spam, telecommunications, and marketing regulations

7. Service Availability and Modifications

7.1 Service Level and Uptime

We strive to maintain high service availability and reliability:

• Professional and Enterprise plans include 99% and 99.9% uptime SLAs respectively
• Scheduled maintenance windows are announced at least 48 hours in advance
• Emergency maintenance may be performed without advance notice
• Service credits may be issued for SLA violations as specified in your plan

7.2 Service Interruptions

Service may be temporarily unavailable due to:

• Planned maintenance, updates, and infrastructure improvements
• Technical difficulties, server outages, or system failures
• Third-party service provider disruptions (cloud infrastructure, AI model APIs)
• DDoS attacks, security incidents, or force majeure events
• Actions required to prevent harm to the platform or users

7.3 Platform Modifications and Updates

We reserve the right to modify, update, or discontinue any aspect of our services:

• Add, modify, or remove features and functionality
• Change user interface, workflows, or platform architecture
• Update AI models, algorithms, and performance characteristics
• Modify integrations, APIs, or third-party service connections

We will provide reasonable notice for material changes that significantly impact your use of the platform, typically 30 days for substantial feature removals.

8. Data Processing and AI Operations

8.1 Data Processing Agreement

When you use GYB Agent to process personal data, we act as a data processor on your behalf:

• You remain the data controller responsible for lawful processing
• We process data only according to your instructions and configuration
• Our Data Processing Agreement (DPA) is incorporated by reference
• We maintain appropriate technical and organizational security measures
• Subprocessors and service providers are listed in our Subprocessor Policy

8.2 AI Agent Operations and Decision-Making

You acknowledge and understand that:

• AI agents operate autonomously based on your configuration and training
• Agent decisions and actions may not always be perfect or error-free
• You are responsible for monitoring, reviewing, and validating agent outputs
• Critical business decisions should include human oversight and review
• AI agent actions taken under your account are your responsibility

8.3 AI Model Training and Improvement

To continuously improve our services:

• We analyze aggregated, anonymized usage patterns and performance metrics
• Platform-wide improvements benefit from collective learning while protecting individual privacy
• Your specific business data and proprietary workflows remain confidential
• You can request exclusion from aggregated analytics for sensitive use cases
• Feedback and corrections you provide help enhance AI accuracy

9. Limitation of Liability and Disclaimers

9.1 AI and Automation Limitations

You expressly acknowledge and accept that:

• AI agents may produce errors, inaccuracies, or unexpected outputs
• Automated decisions require human review for critical business operations
• AI performance varies based on training data, configuration, and use case
• No AI system can guarantee 100% accuracy or reliability
• You are responsible for implementing appropriate safeguards and oversight

9.2 Third-Party Services and Integrations

• We are not responsible for third-party services you integrate with GYB Agent
• Changes to third-party APIs or services may affect integrations
• Third-party providers have their own terms and privacy policies
• We do not endorse or guarantee third-party services or content

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO GYB AGENT IN THE 12 MONTHS PRECEDING THE CLAIM
• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE SHALL NOT BE LIABLE FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL
• WE SHALL NOT BE LIABLE FOR DELAYS OR FAILURES DUE TO FORCE MAJEURE EVENTS BEYOND OUR REASONABLE CONTROL
• WE SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM YOUR MISUSE, UNAUTHORIZED ACCESS, OR VIOLATION OF THESE TERMS

9.4 Indemnification

You agree to indemnify, defend, and hold harmless GYB Agent and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your violation of these Terms or applicable laws
• Your use or misuse of the platform and services
• Content you upload or AI agents you create
• Infringement of third-party intellectual property rights
• Actions taken by AI agents operating under your account

10. Account Termination and Suspension

10.1 Termination by You

You may terminate your account at any time by:

• Cancelling your subscription through account settings
• Contacting customer support with a termination request
• Following the cancellation procedures in your account dashboard

Cancellation takes effect at the end of your current billing period. You remain responsible for all charges incurred prior to cancellation.

10.2 Suspension or Termination by GYB Agent

We may suspend or terminate your account immediately if you:

• Violate any provision of these Terms or applicable laws
• Fail to pay fees or charges when due
• Engage in fraudulent, abusive, or illegal activities
• Use the platform in ways that harm our systems, reputation, or other users
• Provide false or misleading information during registration
• Breach security, circumvent access controls, or compromise platform integrity

10.3 Effect of Termination

Upon termination or expiration of your account:

• Your access to the platform and all features immediately ceases
• You have 30 days to export your data, configurations, and content
• After 30 days, your data will be permanently deleted according to our retention policy
• All outstanding fees and charges remain due and payable
• Provisions that by their nature should survive termination (payment obligations, intellectual property, liability limitations) remain in effect
• We may retain anonymized, aggregated analytics data for platform improvements

10.4 Data Retrieval After Termination

• Use account export tools to download AI agent configurations, workflows, and business data
• Contact support within 30 days for assistance with data retrieval
• After the 30-day grace period, data recovery may not be possible
• Enterprise customers may negotiate extended data retention periods

11. Governing Law and Dispute Resolution

11.1 Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Vietnam, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Ho Chi Minh City, Vietnam, and you consent to the personal jurisdiction of such courts.

11.2 Informal Dispute Resolution

Before initiating formal legal proceedings, parties agree to attempt good faith resolution through:

• Direct negotiation between authorized representatives
• Escalation to senior management or executive leadership
• Mediation by a mutually agreed neutral third party

You must provide written notice of any dispute to [email protected] with a detailed description and proposed resolution within 30 days of the dispute arising.

11.3 Arbitration Agreement

If informal resolution fails, disputes shall be resolved through binding arbitration administered by [Arbitration Institution] under its commercial arbitration rules. Arbitration shall be conducted in English in Ho Chi Minh City, Vietnam, by a single arbitrator mutually agreed upon by the parties.

11.4 Class Action Waiver

YOU AND GYB AGENT AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR ANY FORM OF REPRESENTATIVE OR CONSOLIDATED PROCEEDINGS. This waiver applies to all claims and disputes unless prohibited by applicable law.

11.5 Exceptions to Arbitration

Either party may seek equitable relief in court for:

• Intellectual property infringement or misappropriation
• Unauthorized access to systems or data breaches
• Violation of confidentiality obligations
• Injunctive relief to prevent irreparable harm

12. Changes and Modifications to Terms

12.1 Right to Modify

We reserve the right to update, modify, or replace these Terms at our discretion. When material changes are made, we will:

• Provide at least 30 days advance notice via email to your registered address
• Display prominent notifications in the platform interface
• Update the "Last Updated" date at the top of these Terms
• Publish a summary of significant changes on our website
• For material changes affecting your rights, offer an opportunity to accept or terminate service

12.2 Acceptance of Changes

Your continued use of GYB Agent after the effective date of changes constitutes acceptance of the updated Terms. If you do not agree to changes:

• You must discontinue use before the effective date
• You may cancel your subscription without penalty within 30 days of notice
• You remain bound by the Terms in effect prior to the change for that period

12.3 Version History

Previous versions of these Terms are maintained and available upon request. Contact [email protected] to access historical versions or specific change logs.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, Data Processing Agreement, and any additional agreements you enter into with GYB Agent, constitute the entire agreement between you and GYB Agent regarding your use of our services and supersede all prior agreements, understandings, and communications.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while reflecting the original intent.

13.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of GYB Agent.

13.4 Assignment

You may not assign, transfer, or delegate these Terms or your account without our prior written consent. GYB Agent may assign these Terms without restriction in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets. Any attempted assignment in violation of this section is void.

13.5 Relationship of Parties

These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and GYB Agent. Neither party has authority to bind the other or incur obligations on the other's behalf.

13.6 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of government authorities, network failures, or infrastructure outages.

13.7 Export Compliance

You agree to comply with all applicable export control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. or international sanctions or export restrictions.

13.8 U.S. Government Rights

If you are a U.S. government entity, GYB Agent is provided as "Commercial Computer Software" and "Commercial Computer Software Documentation" with only those rights as granted to all other users under these Terms.