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Terms & Conditions

1. Acceptance of Terms

By accessing or using Samba.ai’s website (https://samba.ai/) and services, you (“Customer,” “you,” or “your”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, do not use our services.

Contact Information:

2. Description of Services

2.1 Platform Services

Samba.ai provides an AI-powered customer data platform (CDP) that includes:

  • Customer data analytics and insights
  • AI-driven personalization and segmentation
  • Marketing automation and campaign management
  • Predictive analytics (CLV, churn risk, product affinity)
  • Omnichannel marketing execution
  • Retail insights and inventory optimization

2.2 Professional Services

We also offer expert-led consulting services including:

  • Strategic consulting for AI implementation
  • Custom analytics projects
  • Platform integration and setup
  • Training and ongoing support

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our services with 30 days’ notice to existing customers.

3. Account Terms

3.1 Account Registration

  • You must provide accurate and complete information during registration
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must notify us immediately of any unauthorized use of your account
  • One person or legal entity may not maintain more than one account

3.2 Account Responsibility

  • You are responsible for all activities under your account
  • You must ensure all users within your organization comply with these Terms
  • You must maintain appropriate security measures for your account access

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our services only for:

  • Legitimate business purposes related to customer data analysis and marketing
  • Compliance with all applicable laws and regulations
  • Activities that respect the privacy and rights of end-users

4.2 Prohibited Uses

You may not:

  • Use our services for illegal activities or to violate any laws
  • Attempt to reverse engineer, decompile, or hack our platform
  • Upload malicious code, viruses, or harmful content
  • Use our services to spam or harass individuals
  • Violate any third-party rights, including privacy and intellectual property
  • Use our services to compete directly with Samba.ai
  • Process data of individuals under 16 without appropriate consent mechanisms
  • Share account credentials with unauthorized parties

4.3 Data Quality and Compliance

  • You must ensure all data uploaded to our platform is obtained legally
  • You are responsible for obtaining necessary consents for data processing
  • You must comply with all applicable privacy laws (GDPR, CCPA, etc.)
  • You warrant that you have the right to process and share the data with us

5. Payment Terms

5.1 Subscription Fees

  • Fees are based on your selected service plan and usage levels
  • All fees are non-refundable unless specifically stated otherwise
  • Prices may change with 30 days’ notice for new billing cycles

5.2 Payment Processing

  • Payment is due in advance for subscription services
  • We accept major credit cards and bank transfers
  • Failed payments may result in service suspension after 10 days
  • You are responsible for all taxes related to your use of our services

5.3 Professional Services

  • Professional services are billed separately based on agreed statements of work
  • Payment terms for professional services are typically 30 days net

6. Data Processing and Privacy

6.1 Data Controller vs. Processor

  • For your customer data, you act as the data controller and we act as the data processor
  • We process your customer data only according to your instructions
  • You remain responsible for compliance with privacy laws regarding your customer data

6.2 Data Processing Agreement

  • A separate Data Processing Agreement (DPA) governs our processing of personal data
  • The DPA is incorporated by reference into these Terms

6.3 Data Security

  • We implement appropriate technical and organizational security measures
  • You are responsible for maintaining security of your data before uploading to our platform
  • We will notify you of any security incidents affecting your data within 72 hours

7. Intellectual Property Rights

7.1 Our Rights

  • Samba.ai retains all rights to our platform, software, algorithms, and methodologies
  • Our AI models, analytics techniques, and platform features are proprietary
  • You may not copy, modify, or create derivative works of our platform

7.2 Your Rights

  • You retain ownership of your customer data and business information
  • You grant us a license to process your data solely to provide our services
  • You retain rights to insights and analytics generated from your data

7.3 Feedback and Suggestions

  • Any feedback or suggestions you provide may be used by us without compensation
  • We may incorporate your suggestions into our platform for all customers

8. AI and Machine Learning Disclaimer

8.1 AI Recommendations

  • Our AI-generated insights and recommendations are based on data patterns and algorithms
  • AI recommendations should be reviewed and validated by qualified personnel before implementation
  • We do not guarantee the accuracy or success of AI-generated strategies

8.2 Model Limitations

  • AI models may have biases or limitations based on training data
  • Results may vary based on data quality, market conditions, and other factors
  • You should use AI insights as guidance, not as definitive business decisions

9. Service Level Agreement

9.1 Availability

  • We target 99.5% uptime for our platform (excluding scheduled maintenance)
  • Scheduled maintenance will be announced with at least 24 hours notice
  • We provide status updates at [status page URL]

9.2 Support

  • Email support is available during business hours (9 AM – 6 PM CET)
  • Priority support may be available for enterprise customers
  • We aim to respond to support requests within 24 hours

10. Limitation of Liability

10.1 Disclaimer of Warranties

  • Our services are provided “as is” without warranties of any kind
  • We disclaim all warranties, express or implied, including merchantability and fitness for purpose
  • We do not warrant that our services will be error-free or uninterrupted

10.2 Limitation of Damages

  • Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim
  • We are not liable for indirect, consequential, or punitive damages
  • We are not liable for business losses, lost profits, or lost data

10.3 AI-Specific Limitations

  • We are not liable for business decisions made based on AI recommendations
  • We are not responsible for the accuracy of predictions or forecasts
  • You assume all risks related to implementing AI-generated strategies

11. Indemnification

You agree to indemnify and hold us harmless from any claims arising from:

  • Your use of our services in violation of these Terms
  • Your violation of any laws or third-party rights
  • Your data processing activities or privacy law violations
  • Any content or data you provide to our platform

12. Termination

12.1 Termination by You

  • You may terminate your account at any time with 30 days’ notice
  • You remain responsible for fees incurred prior to termination
  • You may export your data before termination

12.2 Termination by Us

  • We may terminate your account for material breach of these Terms
  • We will provide 30 days’ notice unless immediate termination is required for security reasons
  • We may suspend services immediately for non-payment

12.3 Effect of Termination

  • Upon termination, your access to our services will cease
  • We will delete your data within 30 days unless legally required to retain it
  • Provisions regarding limitation of liability and intellectual property survive termination

13. Compliance and Legal

13.1 Regulatory Compliance

  • You must comply with all applicable laws in your use of our services
  • You are responsible for obtaining necessary licenses and approvals
  • We may suspend services if we believe you are violating applicable laws

13.2 Export Controls

  • You may not use our services in violation of export control laws
  • You represent that you are not located in a restricted jurisdiction

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by [Insert Applicable Law/Jurisdiction].

14.2 Dispute Resolution Process

  • Disputes should first be addressed through good faith negotiations
  • If negotiations fail, disputes will be resolved through binding arbitration
  • Arbitration will be conducted under [Insert Arbitration Rules]

15. General Provisions

15.1 Entire Agreement

These Terms, along with our Privacy Policy and DPA, constitute the entire agreement between the parties.

15.2 Modifications

We may update these Terms with 30 days’ notice. Continued use constitutes acceptance of updated Terms.

15.3 Severability

If any provision is found invalid, the remaining provisions remain in full force and effect.

15.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a business transfer.

16. Contact Information

For questions about these Terms:

  • Email: sales@samba.ai
  • Legal Department: [Insert legal contact if different]

These terms are designed for a SaaS AI platform business. Please consult with legal counsel to ensure compliance with your specific jurisdiction’s requirements and business model.

 
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