Terms of Service

These Terms of Service ('Terms') constitute a legally binding agreement between you ('Client,' 'you,' or 'your') and HexaNovaTech ('Company,' 'we,' 'us,' or 'our') governing your access to and use of our website, products, and services (collectively, the '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 do not agree to these Terms, you must not access or use our Services.

We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. Material changes will be communicated through email notification or prominent website notice. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

To use our Services, you must: be at least 18 years of age or the age of majority in your jurisdiction, have the legal capacity to enter into binding contracts, represent a business entity with authority to bind that entity to these Terms, not be prohibited from using the Services under applicable laws.

When you create an account, you agree to: provide accurate, current, and complete information, maintain the security of your account credentials, promptly update your information if it changes, immediately notify us of any unauthorized access or security breaches, accept responsibility for all activities that occur under your account.

We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion, particularly if we believe you have violated these Terms or engaged in fraudulent, illegal, or harmful conduct.

HexaNovaTech provides AI-powered automation solutions for service businesses, including but not limited to:

The specific Services provided to you will be defined in your Service Agreement or Statement of Work. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with reasonable notice to active clients.

Use of our Services requires execution of a separate Service Agreement or Statement of Work ('Service Agreement') that specifies: scope of services, pricing and payment terms, implementation timeline, support and maintenance terms, and any special conditions or customizations.

Pricing is based on the plan tier, interaction volume, customization requirements, and add-on services as detailed on our website and in your Service Agreement. All fees are quoted in US Dollars unless otherwise specified. Prices are subject to change with 30 days' written notice to existing clients.

Payment terms: Setup fees are due before project commencement. Monthly or annual service fees are billed in advance. Payment is due within 15 days of invoice date unless otherwise agreed. Late payments may incur interest charges of 1.5% per month or the maximum allowed by law. We reserve the right to suspend services for accounts more than 30 days past due.

Refund policy: Setup fees are non-refundable once work commences. Monthly subscriptions can be canceled with 30 days' notice; you remain responsible for the full current billing period. Annual pre-payments are non-refundable after 30 days from initial payment. Custom development work is non-refundable once accepted by the client.

When using our Services, you agree to:

Violation of acceptable use policies may result in immediate suspension or termination of Services without refund.

Ownership of HexaNovaTech Property: All intellectual property rights in the Services, including software, algorithms, AI models, documentation, designs, and trademarks, are owned exclusively by HexaNovaTech or our licensors. These Terms do not grant you any ownership rights in our intellectual property.

License to Use Services: Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes as described in your Service Agreement.

Client Data and Content: You retain all intellectual property rights in your data, content, FAQs, business information, and other materials you provide to us ('Client Data'). By providing Client Data, you grant us a worldwide, non-exclusive license to use, process, and display it solely for the purpose of providing the Services to you. This license terminates when your Service Agreement ends, except for anonymized data used for service improvement.

Feedback and Suggestions: If you provide feedback, suggestions, or ideas about our Services, we may use them without obligation or compensation to you. You agree that such feedback becomes our property.

Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

For business clients using our AI automation services, we act as a data processor. A Data Processing Agreement (DPA) governs how we handle customer data processed through our systems. The DPA includes provisions for: data security and encryption, confidentiality obligations, subprocessor disclosure, data breach notification procedures, data retention and deletion, and compliance with GDPR, CCPA, and other applicable regulations.

Client Obligations as Data Controller: You are responsible as the data controller for: obtaining necessary consents from your customers, ensuring your privacy policy covers AI automation, complying with data subject rights requests, maintaining records of processing activities, and notifying us promptly of any privacy complaints or regulatory inquiries.

We do not use client customer data to train public AI models or share it with other clients. All client data is logically isolated within our systems.

We strive to provide reliable, high-quality Services but cannot guarantee uninterrupted or error-free operation.

Service Availability: We aim for 99.5% uptime for AI automation services, excluding scheduled maintenance. Scheduled maintenance will be announced with at least 48 hours' notice when possible. We will make commercially reasonable efforts to perform maintenance during off-peak hours.

Support Services: Support is provided via email and, for higher-tier plans, phone and priority channels. Response times vary by plan tier: Starter (48-hour response), Professional (24-hour response), Enterprise (4-hour response with 24/7 availability). Support covers technical issues, configuration assistance, and optimization guidance. Support does not include custom development, training beyond agreed scope, or issues caused by client systems or third-party services.

Monitoring and Optimization: We proactively monitor AI system performance, error rates, and interaction quality. We provide regular performance reports as specified in your Service Agreement. We continuously optimize prompts, logic, and configurations based on real-world performance data.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEXANOVATECH, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

Any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, revenue, or business opportunities; loss of data or information; business interruption or downtime; reputational harm; or costs of substitute services, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total aggregate liability for all claims arising from or related to these Terms or the Services shall not exceed the amounts actually paid by you to HexaNovaTech in the twelve (12) months immediately preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

AI System Limitations: You acknowledge and agree that: AI systems may make mistakes, misunderstand context, or provide incorrect information; human oversight and review are necessary for critical decisions; AI accuracy and performance may vary based on use case, data quality, and external factors; we do not guarantee specific outcomes, conversion rates, or business results.

Limited Warranty: We warrant that the Services will substantially conform to the functionality described in your Service Agreement and will be performed in a professional manner consistent with industry standards.

DISCLAIMER OF WARRANTIES: EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING: warranties of merchantability, fitness for a particular purpose, title, and non-infringement; warranties that the Services will meet your requirements or expectations; warranties that the Services will be uninterrupted, timely, secure, or error-free; warranties regarding the accuracy, reliability, or completeness of AI-generated responses or data; and warranties regarding results, outcomes, or business impact.

Third-Party Services: Our Services integrate with third-party platforms (e.g., Calendly, CRMs, phone systems). We do not warrant the performance, reliability, or availability of these third-party services and are not responsible for their failures or limitations.

You agree to indemnify, defend, and hold harmless HexaNovaTech, our affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

Your use or misuse of the Services; your violation of these Terms or applicable laws; your Client Data or content, including any claims of intellectual property infringement or privacy violations; your failure to obtain necessary consents or comply with regulations governing your industry; interactions between your AI systems and your customers; any negligent or wrongful conduct by you or your employees; or disputes between you and your customers or third parties.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense. You agree to cooperate with our defense of such claims.

Term: These Terms commence when you first access the Services and continue until terminated as provided below. Your Service Agreement specifies the initial term and renewal provisions for your subscription.

Termination by You: You may terminate your Service Agreement by providing 30 days' written notice. You remain responsible for all fees through the end of your current billing period. Upon termination, you must cease all use of the Services and return or destroy any confidential information.

Termination by Us: We may terminate or suspend your access immediately, without notice, if: you breach these Terms or your Service Agreement; your account is 30+ days past due; you engage in fraudulent, illegal, or harmful conduct; we are required to do so by law or court order; or we cease offering the Services (with 90 days' notice and pro-rata refund).

Effect of Termination: Upon termination: your license to use the Services ends immediately; we will cease processing data on your behalf; you must pay all outstanding fees and charges; we will delete or return Client Data as specified in the DPA (typically within 30 days); sections of these Terms that by their nature should survive (e.g., confidentiality, indemnification, liability limitations) will continue to apply.

Confidential Information includes: business plans, financial information, customer data, trade secrets, technical specifications, algorithms, source code, and any information marked as confidential or that reasonably should be considered confidential.

Each party agrees to: protect Confidential Information with the same degree of care used for its own confidential information (but no less than reasonable care); use Confidential Information only for the purposes contemplated by these Terms; disclose Confidential Information only to employees, contractors, and advisors who need to know and are bound by confidentiality obligations; and not disclose Confidential Information to third parties without prior written consent.

Exceptions: Confidentiality obligations do not apply to information that: is or becomes publicly available through no breach of these Terms; was rightfully known before disclosure; is independently developed without using Confidential Information; or is required to be disclosed by law or court order (with prior notice if legally permitted).

Confidentiality obligations survive termination of these Terms for five (5) years.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Informal Resolution: Before filing any legal action, you agree to first attempt to resolve disputes informally by contacting us at info@hexanova.tech. We will work in good faith to resolve disputes amicably.

Arbitration: If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, in English, and the arbitrator's decision shall be final and binding. The arbitration shall take place remotely via videoconference unless both parties agree to an in-person hearing.

Class Action Waiver: You agree that disputes will be resolved on an individual basis only. You waive any right to participate in class actions, class arbitrations, or representative proceedings.

Exceptions to Arbitration: Either party may seek injunctive or equitable relief in court for: intellectual property infringement; breach of confidentiality; or violations of these Terms that could cause immediate and irreparable harm.

Jurisdiction: For matters not subject to arbitration, you consent to the exclusive jurisdiction of state and federal courts located in Delaware.

Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government actions or regulations, labor disputes, power outages, telecommunications failures, internet service provider failures, or failures of third-party services or infrastructure.

The affected party must: promptly notify the other party of the force majeure event, use reasonable efforts to mitigate the impact and resume performance, and if the force majeure event continues for more than 30 days, either party may terminate the affected Service Agreement without penalty.

Entire Agreement: These Terms, together with your Service Agreement, Privacy Policy, and Data Processing Agreement, constitute the entire agreement between you and HexaNovaTech regarding the Services and supersede all prior agreements and understandings.

Amendments: We may modify these Terms at any time. Material changes will be communicated via email or website notice. Your continued use of the Services after changes constitutes acceptance.

Assignment: You may not assign or transfer these Terms or your Service Agreement without our prior written consent. We may assign or transfer our rights and obligations to any affiliate or in connection with a merger, acquisition, or sale of assets.

Severability: If any provision of these Terms is found to be invalid or unenforceable, 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.

Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it later.

No Third-Party Beneficiaries: These Terms are for the benefit of you and HexaNovaTech only and do not create any third-party beneficiary rights.

Independent Contractors: The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.

Notices: All notices under these Terms must be in writing and sent to: info@hexanova.tech (for HexaNovaTech) or the email address associated with your account (for you). Notices are deemed received upon email delivery confirmation.

Headings: Section headings are for convenience only and do not affect interpretation of these Terms.

For questions about these Terms of Service, please contact us:

Email: info@hexanova.tech

Website: https://hexanova.vercel.app/contact

For legal notices and formal communications: Legal Department, HexaNovaTech, attention: Terms of Service Inquiry

For customer support and service inquiries: Use the contact methods provided in your Service Agreement or on our website.

These Terms of Service were last updated on December 7, 2024 and are effective immediately for new users. For existing users, changes take effect 30 days after posting.