These Terms of Service (“Agreement”) are the agreement governing your access to and use of the Services as defined below. This Agreement is between Maisa, Inc, a Delaware corporation, with offices at 1111B S Governors Ave STE 3624 Dover, DE 19904 (“Maisa”), and the entity you represent by entering into this Agreement (“Customer”).
Any capitalized terms not defined throughout the Agreement will have the meaning given to them in Section 17 (Definitions).
This Agreement is effective upon the earlier of (i) your acceptance of this Agreement, or (ii) the date you first accessed the Services, as applicable (“Effective Date”), and will remain in effect until terminated in accordance with this Agreement.
By using the Services hosted in the Platform and/or entering into this Agreement, you represent and warrant that (i) you have read and understand this Agreement, (ii) you understand that the Services provided under this Agreement are for businesses, professionals and developers, not consumers, (iii) you are not a consumer as defined under applicable laws, (iv) you have full legal authority to bind Customer to this Agreement, and (v) you agree to this Agreement on behalf of Customer. If you or Customer do not agree with this Agreement, please refrain from accepting this Agreement and from using the Services.
When using the Services, Customer may have access to or engage with Third Party Services. If Customer uses or accesses Third Party Services (including by making it available via a Customer Application), Customer understands and accepts that access to or use of Third Party Services may include Output from those Third Party Services are subject to additional terms different to this Agreement. Customer is solely responsible for reviewing any Third Party Services terms. Third Party Services are subject to their own terms, and Maisa is not responsible for them.
Subject to Section 5.4.3 (Brand Assets), the parties will not make any public statement or communication regarding this Agreement without the prior written consent of the other party. If the parties wish to make a public announcement regarding this Agreement, they will work together in good faith to decide the content and timing of such announcement.
This Agreement will be interpreted and construed in accordance with the laws of Delaware. As between the Parties, any question concerning the existence, validity, or termination of this Agreement, and any other dispute arising out of or relating to this Agreement, that cannot be resolved by agreement between the Parties shall be finally settled, with express waiver to any other jurisdiction that may correspond to the Parties, exclusively by the courts located in Delaware.
“Affiliates” means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party.
“Acceptable Use Policy” means the policy set forth in Annex 1 (Acceptable Use Policy).
“Brand Assets” means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand assets or features of each party.
“Maisa Technology” means all tools, software (excluding open-source software), code, models, algorithms, materials, documentation and other technology developed by Maisa to (i) provide the Services or (ii) in connection with the Services.
“Control” means control of greater than 50% of the voting rights or equity interests of a party.
“Customer Application” means a program, software, product, service or application developed by Customer by using the Services.
“Customer Data” means data provided to Maisa by Customer or End Users through their use of the Services.
“End User” means the individuals who Customer allows to use the Services or Customer Applications, which may include Customer’s and Customer’s Affiliate’s employees and other third parties authorized by Customer.
“Fees” means the applicable amount to be invoiced by Maisa to Customer for Customer’s or End Users’ use of the Service in relation to Customer’s account.
“Intellectual Property Rights” means all patent rights, copyrights, author rights, trademark rights, rights in trade secrets, design rights, database rights, domain name rights, moral rights, and any other intellectual property rights (registered or unregistered).
“Personal Data” has the meaning given to it in the Privacy Policy.
“Platform” means kpu.maisa.ai
“Price” means the then-current price stated on the Platform describing the pricing for the applicable Services.
“Privacy Policy” is located at maisa.ai/privacy-policy.
“Third Party Services” means any products, services or content offered by third parties that are utilized in the provision of the Services; including, but not limited to large language models.
Last update: November 2024
Access to and use of the Services by Customer and End Users is subject to this Acceptable Use Policy.
Customer will not, and will ensure that End Users do not use the Services: