Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legal agreement between you ("User," "you," or "your") and MworX AI ("Company," "we," "us," or "our") governing your access to and use of our website at mworxai.com (the "Website") and our AI-powered insurance solutions and services (collectively, the "Services").

These Terms apply to all users, including insurance Independent Marketing Organizations (IMOs), agents, visitors, and other business users.

2. Description of Services

MworX AI provides artificial intelligence-powered solutions specifically designed for insurance Independent Marketing Organizations (IMOs), including:

2.1 Core Services

• Process Automation: Automated data entry, workflow optimization, and error reduction systems
• Predictive Analytics: Sales forecasting, risk assessment, and performance insights
• Compliance Monitoring: Real-time compliance tracking, automated reporting, and violation prevention

2.2 Additional Services

• Consultation and implementation support
• Training and onboarding assistance
• Custom AI model development and optimization
• Integration services with existing systems
• Ongoing technical support and maintenance

2.3 Service Availability

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use our Services, you must:

• Be at least 18 years of age
• Have legal authority to enter into binding agreements
• Operate a legitimate insurance business or IMO
• Comply with all applicable laws and regulations
• Not be prohibited from using our Services under applicable law

3.2 Account Registration

To access certain Services, you must create an account by providing:

• Accurate and complete information
• Current contact and business details
• Valid payment information (for paid services)
• Proof of insurance business operations when requested

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breaches
• Using strong passwords and enabling two-factor authentication when available

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our Services only for:

• Legitimate insurance business operations
• Lawful purposes in compliance with all applicable regulations
• Activities consistent with the intended purpose of our AI solutions
• Your own business operations (not for resale or sublicensing)

4.2 Prohibited Uses

4.3 Compliance with Laws

You must comply with all applicable federal, state, and local laws and regulations, including:

• Insurance regulations and licensing requirements
• Data protection and privacy laws
• Anti-money laundering (AML) requirements
• Consumer protection regulations
• Professional conduct standards

5. Subscription Terms and Payment

5.1 Subscription Plans

Our Services are offered through various subscription plans with different features, limitations, and pricing. Current plans and pricing are available on our Website and may be updated from time to time.

5.2 Payment Terms

• Payment Methods: We accept payment via Zelle, Venmo, PayPal, and other approved methods
• Billing Cycles: Monthly or annual billing as selected during subscription
• Payment Due: All payments are due in advance of the billing period
• Late Payments: Late payments may result in service suspension after 15 days
• Currency: All prices are quoted and payable in US Dollars

5.3 Price Changes

We reserve the right to change our pricing with 30 days' written notice. Price changes will not affect existing subscription periods but will apply to subsequent renewals.

5.4 Taxes

You are responsible for all applicable taxes, duties, and fees related to your use of our Services, except for taxes based on our net income.

6. Refund and Cancellation Policy

6.2 Subscription Cancellation

• You may cancel your subscription at any time through your account settings
• Cancellation will take effect at the end of your current billing period
• No prorated refunds will be provided for unused portions of the subscription period
• Access to Services will continue until the end of the paid period

6.3 Free Trials

If we offer free trials, they will automatically convert to paid subscriptions unless canceled before the trial period expires. No refunds are available for charges incurred after the trial period.

7. Intellectual Property Rights

7.1 Our Intellectual Property

All rights, title, and interest in and to our Services, including:

• Software, algorithms, and AI models
• Website content, design, and functionality
• Trademarks, logos, and branding materials
• Documentation, training materials, and methodologies
• Trade secrets and proprietary technologies

remain our exclusive property or that of our licensors.

7.2 Limited License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services solely for your internal business purposes in accordance with these Terms.

7.3 Your Data and Content

You retain ownership of data and content you submit to our Services ("User Data"). By using our Services, you grant us a limited license to:

• Process your User Data to provide our Services
• Use anonymized, aggregated data to improve our AI models
• Create backup copies for security and continuity purposes
• Comply with legal obligations and enforce these Terms

7.4 Feedback and Suggestions

Any feedback, suggestions, or improvements you provide regarding our Services become our property and may be used without compensation or attribution to you.

8. Data Protection and Privacy

8.1 Data Processing

We process your personal and business data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for detailed information about our data practices.

8.2 Data Security

We implement industry-standard security measures to protect your data, including:

• Encryption of data in transit and at rest
• Regular security audits and assessments
• Access controls and authentication measures
• Incident response and breach notification procedures

8.3 Data Backup and Recovery

We maintain regular backups of your data and have disaster recovery procedures in place. However, you are responsible for maintaining your own backups of critical data.

8.4 Data Retention

We retain your data as described in our Privacy Policy and as necessary for business and legal purposes. Upon termination, we will delete or anonymize your data within a reasonable timeframe, subject to legal requirements.

9. Service Level Agreement (SLA)

9.1 Availability Commitment

We strive to maintain 99.5% uptime for our Services, measured monthly and excluding:

• Scheduled maintenance windows (announced in advance)
• Force majeure events beyond our control
• Outages caused by third-party services or infrastructure
• Issues arising from user actions or violations of these Terms

9.2 Maintenance and Updates

We may perform maintenance, updates, and improvements to our Services, which may temporarily affect availability. We will provide advance notice for scheduled maintenance when possible.

9.3 Performance Standards

While we strive to provide consistent performance, actual results may vary based on:

• Quality and accuracy of input data
• Complexity of business processes
• Integration with third-party systems
• Network conditions and user configurations

9.4 No SLA Credits

We do not provide service credits, refunds, or other compensation for downtime or performance issues.

10. Warranties and Disclaimers

10.1 Limited Warranty

We warrant that our Services will perform substantially in accordance with our published documentation under normal use. This warranty is subject to proper use of the Services and does not cover issues arising from:

• Misuse or unauthorized modifications
• Third-party integrations or systems
• Force majeure events
• User error or negligence

10.2 Disclaimer of Warranties

10.3 AI-Specific Disclaimers

11. Limitation of Liability

11.1 Liability Cap

11.2 Exclusion of Damages

11.3 AI-Specific Limitations

12. Indemnification

12.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless MworX AI, its affiliates, officers, directors, employees, and agents from and against all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of our Services
• Your violation of these Terms or applicable laws
• Your User Data or content
• Your business operations and decisions
• Claims by your customers, employees, or third parties
• Infringement of third-party intellectual property rights
• Your failure to comply with insurance regulations or professional standards

12.2 Our Indemnification

We will defend you against third-party claims that our Services directly infringe a valid US patent, copyright, or trademark, and will pay damages finally awarded, provided you:

• Promptly notify us of the claim
• Give us control of the defense and settlement
• Provide reasonable assistance

This indemnification does not apply to claims arising from:

• Your modification of our Services
• Use of our Services with third-party products
• Your violation of these Terms
• Use of non-current versions of our Services

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

• Providing written notice to legal@mworxai.com
• Following the cancellation process in your account settings
• Stopping use of our Services

13.2 Termination by Us

We may terminate or suspend your access to our Services immediately, without notice, for:

• Violation of these Terms or our policies
• Non-payment of fees after cure period
• Illegal or fraudulent use of our Services
• Threat to the security or operation of our Services
• Insolvency or bankruptcy proceedings
• Violation of applicable laws or regulations

13.3 Effect of Termination

Upon termination:

• Your license to use our Services immediately ends
• You must stop all use of our Services
• We may delete your account and data after reasonable notice
• Accrued payment obligations remain due
• Survival provisions of these Terms continue to apply

13.4 Survival

The following sections survive termination: Payment obligations, Intellectual Property Rights, Warranties and Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

14. Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including:

• Natural disasters or acts of God
• War, terrorism, or civil unrest
• Government actions or regulations
• Internet or telecommunications failures
• Third-party service provider outages
• Pandemics or public health emergencies

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflict of law principles.

15.2 Binding Arbitration

15.3 Arbitration Procedures

• Location: Arbitration shall take place in Tennessee
• Number of Arbitrators: One arbitrator selected according to AAA rules
• Language: Proceedings shall be conducted in English
• Discovery: Limited discovery as determined by the arbitrator
• Costs: Each party bears its own costs and fees

15.4 Exceptions to Arbitration

The following disputes are excluded from arbitration and may be brought in court:

• Claims for injunctive or equitable relief
• Intellectual property disputes
• Small claims court matters within jurisdictional limits

15.5 Class Action Waiver

15.6 Jurisdiction

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

16. Miscellaneous Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any referenced documents, constitute the entire agreement between you and us regarding the subject matter hereof.

16.2 Amendments

We may modify these Terms at any time by posting updated Terms on our Website. Material changes will be communicated via email or prominent notice. Continued use after changes constitutes acceptance.

16.3 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.4 Waiver

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

16.5 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

16.6 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

16.7 Notices

Legal notices must be sent to:

• To Us: legal@mworxai.com
• To You: The email address associated with your account

16.8 Language

These Terms are drafted in English. Any translations are provided for convenience only, and the English version controls.

16.9 Electronic Communications

You consent to receive communications from us electronically, which satisfy any legal requirement for written communications.

17. Contact Information

For questions about these Terms, please contact us: