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Terms of Service Agreement

This Terms of Service Agreement (the “Agreement”) governs the relationship between Graphio.ai, Inc. (“Graphio.ai,” “We,” “Us,” or “Our”) and any individual, entrepreneur, or legal entity (“User,” “You,” “Your,” or “Yourself”) accessing or using the Graphio.ai platform (the “Software”). By using the Software, You agree to be bound by this Agreement.

Definitions and Acceptance

  1. Key Terms:
    • Software – means the “Graphio.ai” platform (both as a whole and its components, elements, etc.), an AI-driven tool designed to help businesses visualize data, generate insights, and optimize decision-making through advanced analytics and integrations with third-party services.
    • Account – means a personal profile or identity that You create within Software.
    • Services – means a specific set of features, tools, and functionalities within the Software, such as data visualization, predictive analytics, reporting tools, and integrations with third-party platforms, aimed at supporting business decision-making and performance tracking.
    • Service Partner – means any third party that provides Users with access to the Software and its Services. This includes entities that either sponsor direct access to the Software or integrate the Software into their existing digital environment or infrastructure through which Users can interact with the Software and utilize its features.
    • Third-Party Services/Apps – means third-party Internet (e.g., cloud storage, CRM systems, financial platforms, or social media) that provide their own API for integration with the Software and in which You have a registered account.
    • Use or Using means to access, install, download, copy, or otherwise benefit from using the functionality of the Software.
    • Graphio.ai, Inc. or “We,” “Us,” “Our,” or “Graphio.ai” means Graphio.ai, Inc. and its affiliates and subsidiaries (and their predecessors in interest, successors, and assigns).
    • You or “Yours” “Your” or “Yourself” refers to the User of the Software, and if such User is using the Software on behalf of an entity or organization, then it means such entity or organization, then it refers to such entity or organization.

  2. Acceptance: By accessing or using any portion of the Software, You agree to be bound by this Agreement. You may not Use the Software unless You have first accepted this Agreement. This Agreement governs any updates that replace or supplement the original Software unless accompanied by a separate license, in which case that license’s terms will apply. You agree to Use the Software in compliance with applicable laws and regulations for Your personal Use or on behalf of Your business entity for its internal business purposes.

  3. Updates to Agreement: By using or accessing the Software, You agree that this Agreement may be updated and/or supplemented from time to time. Because We provide a wide range of Services, We may ask You to review and accept updated and/or supplemental terms that may apply to Your interaction with a specific product and/or service.

  4. Registration and Account Security.

    To Use the Software, You must (i) register for and Use the Software in compliance with any and all applicable laws and regulations and (ii) read and accept the Consent to Personal and Business Data Processing, provided in Appendix 1 to this Agreement.

    When You register for an Account, We may ask You to provide certain identifying information about Yourself, including but not limited to Your email address and other contact information, and to create a username and password (“Registration Information”). When registering for and maintaining an Account, You agree to provide true, accurate, current, and complete information about Yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal Your identity for any purpose.

    You are responsible for Your Account. You are solely responsible for maintaining the confidentiality and security of Your Registration Information. For Your protection and the protection of other Users, We ask You not to share Your Registration Information with anyone else. If You do share this information with anyone, We will consider their activities to have been authorized by You. If You have reason to believe that Your Account is no longer secure, You must immediately notify Us. We may suspend or terminate Your access to the Software if We believe Your Account has been compromised or that not doing so may pose a risk to You, Us, or any third parties.

  5. Enrolled Users.

    Users who are enrolled with Us (“Enrolled Users”) have access to specific features of the Software that are exclusively available to them. Enrollment can occur directly through Our platform or via a Service Partner, such as a third-party CRM or cloud storage provider. In some cases, Service Partners may automatically enroll You when You sign up for their products or services, making You a “Partner Enrolled User.” You may access the Software and Your Account either directly or through Your Account with the Service Partner. Additionally, a Service Partner might sponsor Your enrollment even if You did not initially enroll through them.

    As an Enrolled User, You agree to provide true, accurate, complete, and up-to-date information. Should You provide false or incomplete information, or if We have reasonable grounds to believe that Your information is false or inaccurate, We reserve the right to suspend or terminate Your Account and deny access to the Software, in whole or in part. You agree not to share, resell, assign, transfer, or sublicense Your right to access the Software or Your Account to any third party. Additionally, You must not create a false or misleading identity within the Software, as this may be considered fraudulent activity by Us and the Service Partners.

    You are responsible for maintaining the confidentiality of Your Registration Information used to access Your Account. If You are a Partner Enrolled User, You may access Your Account directly through Your Service Partner account, bypassing the need for separate registration details. You must immediately notify Us at support@graphio.ai of any actual or suspected unauthorized use of Your Registration Information or any security breaches related to Your Account. We are not liable for any loss or damage resulting from Your failure to adhere to these responsibilities. You are solely responsible for all activities conducted through Your Account, regardless of whether You personally undertook such activities.

Copyright

  1. The Software is the result of intellectual activity and the object of copyright as a computer program, which is regulated and protected by the intellectual property laws of the State of Delaware and international law. The exclusive right to the Software belongs to Graphio.ai.

  2. The Software contains trade secrets and other confidential information belonging to Graphio.ai. Any use of the Software in violation of the terms of this Agreement is a violation of the rights of Graphio.ai and is a sufficient reason to deprive You of the rights granted under this Agreement.

  3. Graphio.ai guarantees its ownership of all the rights to Use the Software, including the documentation, which is necessary to provide You with the rights to Use the Software under this Agreement.

  4. All trademarks and service marks on the Software belong to Graphio.ai, except any third-party trademarks or service marks, which are the property of their respective owners.

  5. You are responsible for copyright infringement in accordance with the current laws of the State of Delaware and international law.

Terms of Use of the Software and Restrictions

  1. This Agreement grants You rights to Use the Software supplied on a software-as-a-service basis in accordance with this Agreement and for the sole purpose of enabling You to Use and enjoy the benefits of the Software.

  2. Use of the Software does not constitute a sale or license of the Software. Graphio.ai reserves all rights not expressly granted to You by this Agreement. This Agreement will not entitle You to receive hard-copy documentation, technical support, or telephone assistance with the Software unless otherwise specified.

  3. You will not: (i) modify, revise, or create any derivative works of the Software; (ii) decompile, reverse engineer, or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; (iv) engage in any screen scraping or data mining of the Software; (v) remove or alter any proprietary notices, legends, symbols, or labels in the Software, including, but not limited to, any trademark, logo, or copyright; (vi) use the Software to train any generative artificial intelligence software; or (vii) copy, reproduce, republish, upload, post, transmit, or distribute the Software in any way without Our express permission.

  4. You have the right, by notifying Us, to assign (transfer) Your rights and obligations under this Agreement to another User in full once, except for the right to subsequently assign (transfer) rights under this Agreement to other Users, which limits the possibility of re-transferring rights under this Agreement. You can make the assignment (transfer) of rights and obligations subject to the full and unconditional consent of the new User with all the terms and conditions of this Agreement. By transferring the rights to Use the Software, You undertake to completely destroy all copies of the Software installed on Your computers, including backups. You are obliged to provide complete data of the new User to re-register the rights to Use the Software in accordance with this Agreement.

  5. You have the right to change, add, or delete any files of the Software only in cases stipulated by current copyright laws of the State of Delaware and international law.

  6. Graphio.ai does not allow any deletion of copyright information.

  7. Any use of the Software that contradicts the current laws of the State of Delaware and international law is prohibited.

Description of Software

  1. We may provide You with a number of Services, including data visualization tools, predictive analytics, custom reporting dashboards, integration with Third-Party Services/Apps, performance tracking, and actionable insights to optimize business decision-making. However, not all Services may be available to every User in full. The availability of certain features may depend on the specific configuration chosen by Our Service Partners and other factors. While We provide insights and analytics, You are responsible for making the final decision. When You decide to Use the Software, be sure to consider any information only You would know, such as upcoming changes in Your business or new developments. We do not provide financial, accounting, tax, investment, or other professional advice. Consult the services of a competent professional when You need this type of assistance. We may use any feedback, suggestions, ideas, or enhancement requests You submit to Us about the Software freely and without restriction or compensation to You.

  2. As part of becoming an Enrolled User, You authorize Us to continuously obtain Your data and information from Service Partners or Third-Party Services/Apps, such as cloud storage data, CRM records, financial metrics, or other relevant business data, for the purpose of providing You with the features of the Software, including data visualization and insight generation. Your authorization includes ongoing monitoring of these accounts and ongoing data refresh. In particular, You authorize Us to obtain such data for the purposes of (a) securely verifying Your identity; (b) providing You with data visualization, insights, and decision-making optimization features of the Software; and (c) sharing Your data with Service Partners, as necessary, to enhance integration and functionality. You agree that Your authorization pursuant to this Section 4.2 of the Agreement constitutes Your “written instructions.” You grant these written instructions on an ongoing basis, and You may revoke Your ongoing instructions at any time by terminating Your Software Account in accordance with the Agreement.

  3. The Services provided by the Software are designed to help businesses visualize data, generate insights, and optimize decision-making through advanced analytics and integration with Third-Party Services/Apps. These Services encompass a range of functionalities aimed at improving Your business understanding and strategic outcomes. Among the key features: Data Visualization consolidates and presents data from multiple sources (e.g., Third-Party Services/Apps) in interactive formats to provide a clear view of Your business activities. Insight Generation leverages AI to analyze data and deliver actionable insights based on historical and real-time information, helping You understand trends and opportunities. Decision-Making Optimization uses advanced analytics to support strategic choices, offering tools to model scenarios and assess potential outcomes. Integration with Third-Party Platforms connects the Software with external systems (e.g., CRM, cloud storage, financial platforms) to aggregate and analyze data seamlessly. While these are some of the core functionalities that may be available, other features may also be provided within the same principle of enhancing Your business management. These tools are designed to assist You in understanding and managing Your data but may not fully address all aspects of Your unique business situation. The Services are intended to support Your decision-making but do not replace personalized advice from professional consultants.

  4. Users may direct the Software to retrieve their own information maintained by Third-Party Services/Apps with which they have customer relationships, maintain accounts, or engage in business activities (“Account Information”). The Software works with one or more online service providers to access this Account Information for visualization and analysis. The Software does not review the Account Information for any purpose, including accuracy, legality, or non-infringement. The Software is not responsible for the products and services offered by, or on, Third-Party Services/Apps. The Software cannot always foresee or anticipate technical or other difficulties, which may result in failure to obtain data, loss of data, personalization settings, or other service interruptions. The Software does not assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any User data, communications, or personalization settings. For example, when Account Information is displayed through the Services, it is only as current as the time shown, reflecting when the information was obtained from such sources. This information may be more up-to-date when accessed directly from the relevant sources. Users can refresh their Account Information through the Services according to the provided instructions. By connecting Your Software Account to Your Third-Party Services/Apps account, You grant the Software continuous access to retrieve data from the Third-Party Services/Apps on a regular basis without requiring additional permissions from You. The data retrieved from these Third-Party Services/Apps can be used as a data source for visualization, insight generation, and decision-making optimization provided by the Software. You can revoke this access at any time, and all data obtained from the Third-Party Services/Apps will be deleted.

  5. To properly support and serve You, the Software may occasionally need to contact You through various methods, such as email, text message, or messaging functionality within the Software. The Software can send alerts, insights, and email campaigns to the contact email provided by the User in case of important events occurring in the User data. Additionally, We may send marketing email campaigns with offers or promotions of new products or send in-app notifications. We want to provide You with options for receiving communications from Us. Therefore, You may opt-in or opt-out of receiving certain types of communications from Us or sign up to receive specific kinds of messages, depending on the Software. Please notify Us of any changes to Your contact details to ensure Your preferences are updated.

Source of Information

  1. We rely on the information You provide Us access to, and as We learn more about You, We will become better at offering the right set of visualizations and insights to help improve and responsibly expand Your business through the Software. We cannot do this effectively if You submit partial, untimely, or inaccurate information. Therefore, We are not responsible for any insights We provide based on such incomplete or false information. The information You provide is crucial for Us to understand Your business situation, so accurate responses to any questions We ask and granting Us access to key information sources, such as Your CRM data or cloud storage, are essential for Us to perform Our job effectively. You agree to keep Your Third-Party Services/Apps accurate and updated and to maintain Your profile with true, accurate, and complete information. Your submission of information through the Services is governed by Our Privacy Policy.

  2. If You disclose another business’s information to Us, in providing that business’s information to Us, You agree that: (a) You have read and shared Our Privacy Policy with the owner of that business; (b) that the owner agrees to Our Privacy Policy; (c) that owner has agreed to provide its business’s information to Us; and (d) that owner understands and agrees that We may use and disclose its business information as We would use and disclose Your business information. We may terminate Your Use of the Services if We believe any information You provide is knowingly false, inaccurate, incomplete, or obsolete.

  3. We may use information from other sources in connection with the Services (e.g., Third-Party Services/Apps data). Information from other sources may be inaccurate, incomplete, or outdated. Incomplete, out-of-date, and inaccurate information provided by third-party data suppliers will adversely affect Our Services. If You believe any information provided by third parties about You is inaccurate, You may be able to dispute this information directly with the third-party source.

Usage Analytics and Data Collection

  1. For the purposes of maintaining and improving this Software, the Software uses multiple analytics and logging platforms to gather information about the usage of the Service. For example, it tracks how many visitors the Software has, which screens they spend time on, what kinds of operating systems and devices they use, as well as data linked from Third-Party Services/Apps, Service Partners, and various user behavior events in the Software. Analytics platforms generally do not track, collect, or upload any data that personally identifies an individual (such as a name, email address, account number, or billing information) or other data that can be reasonably linked to such information, although they may use anonymized identifiers. The information helps the Software to improve the performance of this Service for You. For more details on how We collects, uses, and shares Your information, please refer to the Our Privacy Policy.

  2. The Software may transform User data into new data by modifying it to ensure that no User can be identified or reasonably identifiable from the resulting data (“Anonymous Data”). We may then manipulate, process, handle, reproduce, distribute, and permanently retain such Anonymous Data for any lawful purpose without further notice to the User. Specifically, Anonymous Data may be utilized for purposes including, but not limited to, statistical analysis, aggregation with other data, provision to third parties (potentially for payment or other commercial benefits to Graphio.ai), benchmarking, and publication.

  3. Anonymization is a data processing technique that removes or modifies personally identifiable information (PII), resulting in anonymized data that cannot be associated with any individual. The Software collects usage analytics and data provided by the User, which is then anonymized and aggregated. This process ensures that all PII is removed, protecting User privacy. We anonymize and aggregate Your information with other anonymized data to help Us provide, optimize, improve, describe, and grow the use of Our products and services, create new products and services, and enhance Our business operations. We are committed to ensuring that no sensitive information is disclosed or sold to unauthorized parties. By using the Software, You acknowledge and agree to the collection, anonymization, and aggregation of Your data for the purposes stated above, ensuring the protection of Your personally identifiable information at all times.

Fees

  1. Certain features and functionalities of the Software may incur fees, either as part of Our Service Partners’ charges or through additional fees associated directly with the Software. While some features may be available for free, others may require payment. You will be notified in advance if a fee applies to the access or use of specific features of the Software. We offer subscription-based services, and any changes to fees or subscription offerings will be communicated to You as required by applicable laws. All fees are non-refundable and non-transferable, except as explicitly stated in this Agreement. Payments are processed in U.S. dollars, and You are responsible for any applicable taxes related to Your use of the Service. If a fee is associated with a particular feature or Service, You will be billed accordingly.

  2. For subscription-based features, payments will be billed in advance on a recurring basis, as disclosed at the time of purchase. We may charge You automatically upon purchase and when You provide Your payment information. If Your payment details are inaccurate or outdated, We may suspend or terminate Your access to specific Services. You authorize Us to update Your payment information if needed. For subscriptions, fees may be billed monthly, annually, or at other intervals. We may send You a reminder with the current subscription fee before Your subscription term ends. Price changes will take effect at the start of the next subscription period following the change. If You do not agree with the new pricing, You can cancel Your subscription before the price change takes effect. Subscriptions will automatically renew at the end of each period, but You may cancel at any time. Cancellations will be effective the day after the end of the current subscription period. If You cancel midterm, You will still have access to the Service until the end of the current subscription period. 

Limitation of Liability

We are not responsible:

Indemnification

You agree that You will be personally responsible for Your use of the Software, and You agree to defend, indemnify, and hold harmless Us and Our former and current employees, contractors, directors, and officers from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) any content You have submitted to or through the Software; (ii) Your violation of the Agreement or any applicable law or regulation; (iii) Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between You and any third party. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Our defense of such claim.

Resolution of Disputes


MOST USER DISPUTES AND CONCERNS CAN BE RESOLVED QUICKLY AND TO YOUR SATISFACTION BY CONTACTING US BY EMAIL AT support@graphio.ai. HOWEVER, IN THE UNLIKELY EVENT THAT WE ARE UNABLE TO RESOLVE A DISPUTE, YOU AGREE THAT SUCH DISPUTE SHALL BE RESOLVED BY THE COURT IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE AND INTERNATIONAL LAW (IF APPLICABLE).

Limited Warranty

  1. We grant You the right to receive and use updates (new versions) of the Software from the moment You acquire the rights to use the Software and during the entire term of this Agreement without paying additional fees. All updates of the Software are an integral part of it for use together with the Software as a single computer program in the manner provided for in this Agreement unless other conditions are provided by Us in a separate agreement.

  2. If errors are found while using the Software, We undertake to correct them as soon as possible and release a new, corrected version of the Software. You agree that the definition of the time for eliminating the error cannot be exact since the Software closely interacts with other computer programs of third-party developers, the operating system, and hardware resources of Your computer, and the operability and time to eliminate the problems do not fully depend only on Us.

  3. In case of non-compliance with any of the paragraphs of Section 3 of this Agreement, You automatically lose the right to receive updates (new versions) of the Software.

  4. SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES, OTHER THAN THOSE EXPRESSLY PROVIDED IN THESE TERMS. YOU AGREE THAT YOU MUST EVALUATE ANY INSIGHTS AND OPTIONS PROVIDED ON YOUR OWN AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH ANY FINAL DECISIONS YOU MAKE IN USING THE SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THE SERVICES. GRAPHIO.AI AND THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO (A) THE SERVICES, EXCEPT THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS, AND (B) ANY PRODUCT OR SERVICE (INCLUDING THIRD-PARTY PRODUCTS AND SERVICES) YOU OBTAIN, ALL TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, NONINFRINGEMENT, TITLE, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

  5. NO INSIGHTS OR OPTIONS PRESENTED OR INFORMATION OBTAINED BY YOU FROM THE SERVICES WILL CREATE ANY WARRANTY REGARDING US OR THE SERVICES THAT ARE NOT EXPRESSLY STATED IN THESE TERMS. YOU MAKE ALL FINAL DECISIONS RELATING TO THE SERVICES AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY LOSS, DAMAGE, AND LIABILITY THAT MAY RESULT FROM YOUR DECISIONS.

  6. NOTHING IN THIS SECTION AFFECTS WARRANTIES THAT ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.

Procedure, Amendments, and Termination of the Agreement

  1. We reserve the right to update or make changes to this Agreement from time to time in Our sole discretion, and We may notify You of changes by any reasonable means, including without limitation, by posting the revised version of this Agreement on Our websites, and these changes will become effective immediately upon the posting on Our websites. You can determine when this Agreement was last revised by referring to the “Last Updated” date at the top of this Agreement. Your continued access or use of any portion of the Software after any changes to this Agreement have been posted shall constitute Your agreement and consent to such changes. Please return to this page periodically to ensure familiarity with the most current version of this Agreement. You agree that Your use and access to certain features of the Software may be subject to any additional posted guidelines, rules, terms, and conditions applicable to such features (collectively, “Policies”), which are hereby incorporated by reference into this Agreement. In the event that any terms or conditions of such Policies contradict or are inconsistent with the terms and conditions of this Agreement, such Policies will govern and prevail solely with respect to the specified features, if any, to which they apply.

  2. This Agreement is subject to interpretation in accordance with the legislation of the State of Delaware.

  3. In case of violation of the terms of this Agreement on the use of the Software, by You, We have the right to terminate this Agreement unilaterally.

  4. The rights to use the Software may be terminated at any time, for any reason or no reason, by You or Us. Upon termination of this Agreement, You are obliged to stop using the Software completely and destroy all copies of the Software installed on Your computers, including backups and all components of the Software.

  5. If any provision of this Agreement becomes invalid, it does not affect the validity of the Agreement as a whole, the Agreement continues to operate in the rest of the Agreement.

  6. This Agreement also applies to all updates (new versions) of the Software provided to You during its validity period unless Graphio.ai asks You to read and accept a separate license agreement or amendments to this Agreement when updating the Software.

Contact Information

If You have any questions or comments about this Terms of Service Agreement or Our privacy practices, You can contact Us as follows:

By email at: support@graphio.ai                         

By mail at:
Graphio.ai, Inc.
1646 W Hwy 160, Suite 105 469,
Fort Mill, SC 29708