Terms of Service

1. Agreement to Terms

By accessing or using MYGIA LLC services ("MYGIA," "we," or "the Company"), you ("Client," "User") agree to be legally bound by these Terms of Service ("Terms"). If you do not agree with any of these terms, do not use our services.

These Terms constitute a legally binding contract between you and MYGIA LLC, a limited liability company incorporated in the United States of America. By using our services, you confirm that you are at least 18 years of age and have the legal capacity to enter into this contract.

The English version of these Terms is the official and legally binding version. Translations into other languages, including Spanish, are provided for convenience only. In the event of any inconsistency or conflict between language versions, the English version shall prevail.

2. Description of Services

MYGIA provides AI automation services, digital consulting, WhatsApp automation, content creation and related services (collectively, the "Services"). Specific Services are detailed in the applicable engagement agreement, proposal or Statement of Work (SOW).

We reserve the right to modify, suspend or discontinue any part of the Services at any time, with or without prior notice, subject to the obligations set forth in individual contracts.

MYGIA may use third-party AI technology providers to deliver the Services, including without limitation OpenAI, Anthropic and Google.

3. User Accounts

To access certain Services, you may need to create an account. You are responsible for maintaining the confidentiality of your login credentials and all activities performed under your account.

• You must provide accurate, current and complete information when creating your account.
• You must immediately notify us of any unauthorized use of your account or any security breach.
• You may not transfer your account to another without MYGIA's prior written consent.
• You are solely responsible for all activities that occur under your account.
• MYGIA will not be liable for any loss resulting from unauthorized use of your account.

4. Acceptable Use

When using the Services, you agree not to:

• Use the Services for any illegal or unauthorized purpose, including violation of local, state, federal or international laws.
• Transmit content that is fraudulent, misleading, defamatory, obscene, abusive, threatening or that infringes the rights of third parties.
• Attempt to gain unauthorized access to MYGIA's or its clients' computer systems, networks or data.
• Use AI Services to generate disinformation, mass spam, content that manipulates minors or material that promotes violence.
• Resell or redistribute the Services without prior written authorization from MYGIA.
• Reverse engineer, decompile or disassemble any proprietary MYGIA software or systems.
• Use scraping techniques or mass data extraction from the Services without express consent.
• Violate applicable telecommunications regulations, including TCPA rules, CAN-SPAM Act and WhatsApp messaging regulations.

MYGIA reserves the right to suspend or terminate access to the Services if any use violating these provisions is detected.

5. AI Disclaimers

MYGIA's Services incorporate artificial intelligence technologies that, by their nature, may produce inaccurate, incomplete, biased or inappropriate results. You acknowledge and agree that:

• No accuracy guarantee: AI outputs are not guaranteed to be accurate, correct or complete. They should always be reviewed by a qualified professional before being used to make important decisions.
• Not professional advice: No AI output constitutes legal, medical, financial, investment or any other type of regulated professional advice.
• Output variability: The same inputs may produce different outputs at different times. Results are inherently probabilistic, not deterministic.
• User responsibility: You assume all responsibility for decisions made based on AI outputs. MYGIA shall not be liable for any loss or damage arising from the use of or reliance on AI-generated results.
• Model updates: Underlying AI models may be updated, modified or replaced without notice, which may affect results obtained.
• FTC compliance: MYGIA complies with FTC Endorsement Guides. In marketing materials, AI results and testimonials are properly disclosed where applicable.

In no event shall MYGIA be liable for damages arising from your reliance on artificial intelligence outputs.

6. Intellectual Property

All intellectual property rights in the Services are the exclusive property of MYGIA LLC or its licensors.

Client License: MYGIA grants you a limited, non-exclusive, non-transferable and revocable license to use the Services solely for your internal business purposes.

Client Content: You retain ownership of all data, content and information you provide to us ("Client Content").

AI Outputs: Ownership of AI-generated outputs may vary based on the terms of the underlying model providers (OpenAI, Anthropic, Google, etc.).

Feedback: Any suggestions, feedback or ideas you provide about the Services may be used by MYGIA without restriction or compensation.

7. Payments & Billing

Service prices are set forth in the applicable proposal or SOW. All prices are in US Dollars (USD) unless expressly stated otherwise.

• Billing: Billing is performed according to the agreed period. Charges are non-refundable unless specified in the individual contract.
• Late payments: Payments not made within the agreed period may result in suspension of Services.
• Taxes: The Client is responsible for payment of all applicable taxes.
• Disputes: Billing disputes must be notified in writing within 30 days of invoice issuance.
• Price changes: MYGIA may adjust prices with 30 days' written notice.

8. Service Level Agreement (SLA)

MYGIA will make commercially reasonable efforts to keep the Services available and operational.

• Target availability: For active automation services, we commit to 99% monthly availability, excluding scheduled maintenance.
• Maintenance: Scheduled maintenance will be notified at least 24 hours in advance.
• Response time: For critical incidents, the target response time is 4 business hours.
• Exclusions: The SLA does not apply to outages caused by factors outside MYGIA's control.
• Service credits: In cases of documented SLA breach, the Client may request service credits. Credits are the sole remedy for SLA breach.

9. Limitation of Liability

The Services are provided "as is" and "as available". MYGIA expressly disclaims all warranties, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement.

In no event shall MYGIA's total cumulative liability to the Client for any cause of action exceed the total amount paid by the Client to MYGIA during the three (3) months prior to the event giving rise to the claim.

MYGIA shall not be liable for any loss of data, business interruption, loss of revenue or profits.

Some jurisdictions do not allow the exclusion of certain warranties, so some limitations may not apply to you.

10. Indemnification

You agree to defend, indemnify and hold harmless MYGIA LLC and their respective directors, employees and agents from and against any claims arising from or related to:

• Your use or misuse of the Services.
• Your violation of these Terms.
• Your violation of any law, regulation or third-party rights.
• The Client Content you provide to MYGIA.
• Any misrepresentation you have made.

MYGIA reserves the right to assume exclusive defense and control of any matter subject to indemnification by you.

11. Termination

Either party may terminate the Services under the terms set forth in the individual contract.

• Termination by Client: The Client may terminate with 30 days' written notice.
• Termination by MYGIA: MYGIA may immediately terminate if the Client violates these Terms.
• Effect of termination: Upon termination, all rights and licenses granted to the Client immediately cease.
• Post-termination data: MYGIA will delete Client data within 90 days after termination.
• Survival: Key provisions will survive termination of these Terms.

12. Governing Law & Dispute Resolution

These Terms are governed exclusively by the laws of the State of Florida, United States of America.

Binding arbitration: Any dispute shall be resolved by binding arbitration administered by the AAA under its Commercial Arbitration Rules.

Class action waiver: You waive any right to participate in class actions or to litigate before a jury for any dispute related to the Services.

Exception: Either party may seek injunctive or emergency relief to protect intellectual property rights.

The UN Convention on Contracts for the International Sale of Goods does not apply.

13. Modifications to Terms

MYGIA reserves the right to modify these Terms at any time. Material modifications will be notified at least 30 days in advance through:

• Email to the address registered in the Client's account.
• Prominent notice on the mygia.online website.
• Direct notification through the primary communication channel.

Continued use will constitute acceptance of the modified Terms.

The latest version will always be available at mygia.online/terms.

14. Severability & Entire Agreement

Severability: If any provision is declared invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Entire agreement: These Terms, together with any applicable SOW and our Privacy Policy, constitute the entire agreement between you and MYGIA.

Waiver: MYGIA's failure to exercise any right or provision shall not constitute a waiver of such right.

Assignment: You may not assign these Terms without MYGIA's prior written consent.

15. Contact Information

For questions, concerns or requests related to these Terms of Service, please contact us:

We strive to respond to all legal inquiries within 5 business days.