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Terms of Service

Last updated: November 9, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and AI Transformation Agency, operated by Vasislav Damenliev ("Company," "we," "us," or "our"), concerning your access to and use of the alphastreammarketing.com website and our services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

2. Description of Services

AI Transformation Agency provides AI automation consulting and development services, including but not limited to:

  • Custom AI automation solution development
  • Business process automation consulting
  • AI integration and implementation services
  • Workflow optimization and digital transformation
  • Technical consulting and advisory services
  • AI-powered tool and system development

The specific scope, deliverables, timelines, and pricing for services will be outlined in separate service agreements or statements of work.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. User Accounts and Registration

Some features of our Services may require you to create an account or provide information. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

5. Intellectual Property Rights

Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, software, code, and documentation, are owned by AI Transformation Agency or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our express written permission.

Client Work Product

Intellectual property rights in custom work products developed specifically for you under a service agreement will be addressed in that agreement. Unless otherwise specified in writing, we retain ownership of all methodologies, processes, tools, frameworks, and general knowledge used in providing our Services.

License to Use Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for their intended purpose.

6. Acceptable Use Policy

You agree not to:

  • Use our Services for any illegal or unauthorized purpose
  • Violate any applicable laws, regulations, or third-party rights
  • Interfere with or disrupt the Services or servers
  • Attempt to gain unauthorized access to our systems or networks
  • Transmit viruses, malware, or other malicious code
  • Harass, abuse, or harm another person or entity
  • Impersonate any person or entity or misrepresent your affiliation
  • Collect or harvest information about other users
  • Use automated systems to access the Services without permission
  • Reverse engineer, decompile, or disassemble any part of our Services

7. Service Agreements and Payments

Engagement Terms

Specific consulting or development services will be governed by separate written agreements or statements of work that outline scope, deliverables, timelines, fees, and payment terms.

Fees and Payment

You agree to pay all fees as specified in your service agreement. Unless otherwise stated:

  • Fees are payable in accordance with the payment schedule in your agreement
  • All fees are non-refundable unless explicitly stated otherwise
  • Late payments may incur additional charges or suspension of services
  • You are responsible for all applicable taxes

Changes to Fees

We reserve the right to modify our fees with reasonable notice. Fee changes will not affect active service agreements unless both parties agree in writing.

8. Confidentiality

Both parties may have access to confidential information during the course of our engagement. Each party agrees to maintain the confidentiality of such information and use it only for the purposes of the engagement. Specific confidentiality obligations will be detailed in service agreements or separate non-disclosure agreements.

9. Warranties and Disclaimers

Our Warranties

We will provide our Services with reasonable care and skill in accordance with industry standards. Specific warranties for deliverables will be outlined in service agreements.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND
  • WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
  • WE DO NOT GUARANTEE SPECIFIC RESULTS OR OUTCOMES FROM OUR SERVICES

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION
  • OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU

11. Indemnification

You agree to indemnify, defend, and hold harmless AI Transformation Agency, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of our Services; (b) your violation of these Terms; (c) your violation of any rights of another; or (d) your conduct in connection with our Services.

12. Term and Termination

Term

These Terms remain in effect while you use our Services or until terminated by either party.

Termination by You

You may stop using our Services at any time. Service agreement termination provisions will be governed by those specific agreements.

Termination by Us

We may suspend or terminate your access to our Services at any time, with or without cause, with or without notice, including for violation of these Terms.

Effect of Termination

Upon termination, your right to use our Services will immediately cease. Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, and dispute resolution) will survive.

13. Dispute Resolution

Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or our Services, the parties agree to first attempt to resolve the dispute informally by contacting us.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which AI Transformation Agency operates, without regard to its conflict of law provisions.

Arbitration

Any dispute not resolved informally may be resolved through binding arbitration in accordance with the rules of a mutually agreed arbitration service. Each party will bear its own costs of arbitration unless otherwise determined by the arbitrator.

14. Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our privacy practices as described in the Privacy Policy.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using our Services.

16. General Provisions

Entire Agreement

These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and us regarding our Services.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

Force Majeure

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, war, terrorism, natural disasters, or government actions.

17. Contact Information

If you have any questions about these Terms, please contact us:

AI Transformation Agency

Vasislav Damenliev

Website: alphastreammarketing.com

Email: vasislav@alphastreammarketing.com

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.