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Tykuno AI Customer Terms and Conditions

Last Modified: April 9, 2025

These Customer Terms and Conditions and all Orders (as defined below) issued hereunder (collectively, this "Agreement"), effective as of the date on which you click a button or check a box (or something similar) acknowledging your acceptance of this Agreement or you execute an Order with Tykuno AI that incorporates this Agreement by reference (the "Effective Date"), is by and between Tykuno AI, LLC, a Florida limited liability company with offices located at 767 Arthur Godfrey Rd, Miami Beach, FL 33140, United States ("Tykuno AI") and the entity on whose behalf the individual accepting this Agreement accepts this Agreement ("Customer").

This Agreement incorporates the terms and conditions of Tykuno AI's Privacy Policy, as may be updated and amended from time to time. The individual accepting this Agreement hereby represents and warrants that it is duly authorized by the entity on whose behalf it accepts this Agreement to so accept this Agreement. Tykuno AI and Customer may be referred to herein collectively as the "Parties" or individually as a "Party." The Parties agree as follows:

1. Definitions

"Applicable Laws" means all applicable U.S. and foreign federal, state, or local statutes, laws, rules and regulations including, without limitation, the Telephone Consumer Protection Act of 1991, the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, the California Online Privacy Protection Act of 2003, the California Consumer Privacy Act as amended by the California Privacy Rights Act, the Florida Digital Bill of Rights, the General Data Protection Regulation (Regulation (EU) 2016/679) and the EU Directive 2002/58/EC, in each case, as updated, amended or replaced from time to time, and all other applicable statutes, laws, rules and regulations with respect to the collection, use and disclosure of data from or about end users and/or specific devices or otherwise relating to privacy, protection of intellectual property and proprietary rights and/or marketing.

"Authorization Credentials" means Customer's and applicable Authorized Users' email account credentials and all authorization features required to allow Tykuno AI and the Integration Providers to fully access and use Customer's and applicable Authorized Users' email account systems, including to send and receive emails and calendar invites on Customer's and applicable Authorized Users' behalf and otherwise allow Tykuno AI to perform the Services.

"Authorized User" means Customer's employees, consultants, contractors and agents: (i) who are authorized by Customer to access and use the Services under this Agreement; and (ii) for whom access to the Services has been purchased hereunder.

"Client-Side Software" means any Tykuno AI software in source or object code form that Tykuno AI expressly makes available to Customer for use in connection with the Services. For clarity, Client-Side Software shall include, without limitation, any pixel tag or snippet that Tykuno AI makes available to Customer for use in connection with the Services.

"Confidential Information" means information about a Party's business affairs, products, confidential intellectual property, trade secrets, third-party confidential information and other sensitive or proprietary information, whether orally or in written, electronic or other form or media that: (i) is marked, designated or otherwise identified as "confidential" or something similar at the time of disclosure or within a reasonable period of time thereafter; or (ii) would be considered confidential by a reasonable person given the nature of the information or the circumstances of its disclosure.

"CRM Data" means any Service Data that Tykuno AI expressly and unambiguously agrees may be synced with and added to Customer's customer relationship management systems.

"Customer Data" means data that is submitted, posted or otherwise transmitted to Tykuno AI or the Services by or on behalf of Customer or an Authorized User, including all data and content made available through Customer's or an Authorized User's email account accessed in connection with the Services; provided that, for purposes of clarity, Customer Data as defined herein does not include Service Data.

"Customer Systems" means Customer's information technology infrastructure, including, without limitation, email, computers, software, databases, electronic systems (including database management systems) and networks, whether operated directly by Customer or through the use of third-party platforms or service providers.

"Documentation" means Tykuno AI's end user documentation relating to the Platform, if any.

"Fees" means the fees for the Services as set forth in each Order.

"Harmful Code" means any software, hardware or other technology, device, or means, including any virus, worm, malware or other malicious computer code, the purpose or effect of which is to permit unauthorized access to, or to destroy, disrupt, disable, distort or otherwise harm or impede in any manner any (i) computer, software, firmware, hardware, system, or network; or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality or use of any data processed thereby.

"Integration Providers" means any email integration providers that assist Customers and Authorized Users in setting up and maintaining mailboxes used in connection with the Services.

"Losses" means any losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees).

"Order" means: (i) a purchase order, order form or other ordering document entered into by the Parties that incorporates this Agreement by reference; or (ii) if Customer registered for the Services through Tykuno AI's online ordering process, the results of such online ordering process.

"Personal Data" means any information that, individually or in combination, does or can identify a specific individual or by or from which a specific individual may be identified, contacted or located, including, without limitation, all data considered "personal information," "personally identifiable information" or something similar under Applicable Laws relating to data privacy.

"Platform" means Tykuno AI's proprietary hosted software platform, as made available to Authorized Users from time to time.

"Professional Services" means training, migration, implementation, integration or other professional services that are memorialized in writing in a Statement of Work and provided to Customer in connection with its use of the Platform hereunder.

"Representatives" means a Party's employees, contractors and agents who have a need to know Confidential Information for such Party to exercise its rights or perform its obligations under this Agreement.

"Service Data" means data and information made available to Customer or an Authorized User in connection with the Services, including data and information provided in response to queries, prompts or inputs of Customer Data as well as Third Party Product Data.

"Services" means the products and/or services that are provided by Tykuno AI to Customer, including without limitation, the Platform, the Client-Side Software, the Third Party Products and any Professional Services.

"Statement of Work" means a written statement of work for Professional Services executed by both Parties that incorporates this Agreement by reference.

"Subscription Term" means the time period identified on the Order during which Customer's Authorized Users may access and use the Services.

"Third Party Claim" means any unaffiliated third party claim, suit, action or proceeding.

"Third Party Products" means any third-party application programming interfaces, services, products or data provided with, integrated with or incorporated into the Services, including, without limitation, through integrations or connectors that are provided by Tykuno AI.

"Third Party Product Data" means any data (including Personal Data), reports, text, images, sound, video, code, insights or other content made available through or in connection with Third Party Products.

"Third Party Product Identifiers" means any logos, company names, domain names or other third party trademarks made available through or in connection with Third Party Products.

"Third Party Provider" means the provider of any Third Party Products, including, without limitation, any Integration Provider.

"Trial Basis Services" means any Services or features thereof made available to Customer on a free, unpaid, demonstration, pre-release, alpha, beta, experimental, pilot, early release, limited release, early access, non-production, evaluation or trial basis.

"Tykuno AI IP" means the Platform, the Client-Side Software, the Documentation and any and all intellectual property provided or made available to Customer or any Authorized User in connection with the Services. For the avoidance of doubt, Tykuno AI IP includes Service Data and any information, data or other content derived from Tykuno AI's provision of the Services but does not include Customer Data.

"Updates" means upgrades, patches, enhancements or fixes for the Services that Tykuno AI provides to its customers generally without additional charge.

"Usage Limitations" means the usage limitations set forth in this Agreement and the Order, including without limitation any limitations on the number of Authorized Users (if any), and the applicable product, pricing, and support tiers agreed-upon by the Parties.

2. Access and Use

2.1 Orders; Provision of Access

Upon mutual execution, each Order shall be incorporated into and form part of the Agreement. There shall be no force or effect to any different terms of any related purchase order or similar form even if signed by the Parties after the date hereof. Subject to and conditioned on Customer's compliance with the terms and conditions of this Agreement, including, without limitation, the Usage Limitations and any limitations and restrictions set forth in an applicable Order, Customer may, solely through its Authorized Users, access and use the Services (including the Platform) and Service Data during the Subscription Term on a non-exclusive, non-transferable (except in compliance with Section 14.8) and non-sublicensable basis. Such use is limited to Customer's internal business purposes and the use cases, features and functionalities specified in the Order.

The foregoing includes a limited license for Customer to install and use the Client-Side Software solely in connection with Customer's authorized use of the Services. Customer shall implement such integrations and customizations as may be reasonably required to enable Customer to make use of the Platform and Client-Side Software, in accordance with the instructions provided by Tykuno AI, which may include the placement of certain code, pixels, cookies, links or scripts provided by Tykuno AI on online properties owned or operated by Customer. Each Authorized User must have its own unique account on the Platform and Authorized Users may not share their account credentials with one another or with any third party. Tykuno AI may use technological means to place reasonable use limits to prohibit excessive use of the Services, including, without limitation, excessive downloads or screen views that indicate a violation of this Agreement, such as sharing with third parties or attempting to circumvent the use limitations herein; provided, that no such controls or means are designed to limit Customer's authorized use of the Services in accordance with this Agreement and the applicable Order.

2.2 Documentation License

Subject to and conditioned on Customer's compliance with the terms and conditions of this Agreement, Tykuno AI hereby grants to Customer a non-exclusive, non-transferable (except in compliance with Section 14.8), and non-sublicensable license to use the Documentation during the Subscription Term solely for Customer's internal business purposes in connection with its use of the Platform.

2.3 Service Updates

From time to time, Tykuno AI may provide Updates, and such Updates will become part of the Services and subject to this Agreement; provided, that Tykuno AI shall have no obligation under this Agreement or otherwise to provide any such Updates. Customer understands that Tykuno AI may make improvements and modifications to the Services at any time in its sole discretion; provided, that Tykuno AI shall use commercially reasonable efforts to give Customer reasonable prior notice of any major changes that are reasonably expected to materially and adversely impact Customer's use of the Services.

2.4 Use Restrictions

References to "Services" in this Section 2.4 shall be deemed to include Service Data (including all CRM Data) and any Third Party Products Customer or any Authorized Users use or access in connection with the Services. Neither Customer nor any Authorized User shall use the Services for any purposes beyond the scope of the access expressly granted in this Agreement. Neither Customer nor any Authorized User shall at any time, directly or indirectly:

  • (i) copy, modify, translate or create derivative works of the Services, whether in whole or in part, or otherwise incorporate any portion of the Services into Customer's or any Authorized User's products or services (except, with respect to CRM Data, as expressly permitted in this Agreement);
  • (ii) rent, lease, reproduce, outsource, lend, loan, sell, resell, license, sublicense, share, assign, distribute, publish, transfer or otherwise make available the Services or Documentation to any third party or act as a service bureau with respect thereto;
  • (iii) reverse engineer, disassemble, decompile, decode, decipher, adapt or otherwise attempt to derive or gain access to any software component or source code of the Services, in whole or in part, or any other trade secrets of Tykuno AI or any Third Party Provider;
  • (iv) export, remove or alter any trademark, logo, copyright or other proprietary notices associated with or made available through the Services;
  • (v) use the Services in any manner or for any purpose that is harmful, defamatory, obscene, libelous or that otherwise infringes, misappropriates or violates any intellectual property right or other right of any person;
  • (vi) use the Services in any manner or for any purpose that violates Applicable Laws;
  • (vii) access or use the Services (or any component thereof, including the Tykuno AI IP) for purposes of competitive or benchmarking analysis of Tykuno AI or the Services, the development, provision or use of any software or database derived from the Services or any competing service or product, or any other purpose that is to Tykuno AI's or Tykuno AI's licensors' detriment or commercial disadvantage;
  • (viii) override, circumvent, bypass or breach any security device, feature, control, use limit or protection within the Platform or attempt to do any of the foregoing;
  • (ix) permit any access to or use of the Platform by anyone other than an Authorized User accessing the Platform through the use of valid access credentials;
  • (x) transmit spam through the Services, knowingly interfere with or disrupt the integrity or performance of the Services or systematically access the Services using "bots" or "spiders";
  • (xi) input, upload, transmit or otherwise provide to or through the Platform any information or material, including, without limitation, any Customer Data, that is unlawful, racist, hateful, abusive, defamatory, obscene, libelous, deceptive, unfair, inaccurate/misleading, discriminatory or injurious or that infringes or otherwise violates any third party's intellectual property or other rights, or that contains, transmits or activates any Harmful Code;
  • (xii) use the Services to determine a consumer's eligibility for credit or insurance for personal, family or household purposes, employment, a government license or benefit, or any other purpose governed by the Fair Credit Reporting Act; or
  • (xiii) use any Tykuno AI IP for any activity where use or failure of the Tykuno AI IP could lead to death, personal injury or environmental damage, including, without limitation, for life support systems, emergency services, nuclear facilities, autonomous vehicles or air traffic control.

3. TCPA Consent and SMS Communications

By providing your phone number and checking the consent box on our forms, you expressly consent to receive automated promotional and informational text messages and/or phone calls from Tykuno AI at the phone number provided. This consent is not a condition of any purchase. Message and data rates may apply.

You may opt out of receiving text messages at any time by replying "STOP" to any message you receive from us. For help, reply "HELP". After opting out, you may receive one final message confirming your opt-out.

14. Miscellaneous

14.2 Notices

All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") to Tykuno AI shall be in writing and addressed to:

Tykuno AI
Attn: Legal Department
767 Arthur Godfrey Rd
Miami Beach, FL 33140
United States

Legal/Privacy: legal@tykuno.ai
Security: security@tykuno.ai
Support: support@tykuno.ai

All Notices to Customer shall be sent by email to the email address associated with Customer's account or will be posted to the Platform. Notice is effective only: (i) upon receipt by (or, with respect to email, electronic confirmation of digital delivery to) the receiving Party; and (ii) if the Party giving the Notice has complied with the requirements of this Section 14.2.