Terms of Service
Last Updated: March 24, 2025
1. Agreement to Terms
1.1 Acceptance
By accessing or using August ("the Service"), you agree to be bound by these Terms of Service ("Terms"). Should you disagree with any provision herein, you are expressly prohibited from accessing the Service.
1.2 Eligibility
- You must be at least 12 years of age to use the Service.
- If you are between 12 and 18 years of age, you must obtain parental consent to use the Service.
- You must have the legal capacity to enter into contracts.
- You must provide accurate and complete registration information.
1.3 Updates to Terms
- We reserve the right to modify these Terms at any time, with or without prior notice.
- Continued use of the Service following any such modifications shall constitute your assent to the revised Terms.
- Material changes to these Terms will be communicated to you in advance.
- Previous versions of these Terms are available upon request.
2. Service Description
2.1 AI-Powered Universal Interface
August provides an AI-powered universal interface that enables:
- Natural language interaction with digital services
- Integration with third-party platforms
- Automated task execution
- Workflow automation
- Proactive notifications
- Cross-platform service management
2.2 Subscription Service
- The Service is offered through various paid subscription tiers.
- Payments are processed via RevenueCat and your device's application store.
- Subscription terms and pricing are presented to you prior to purchase.
- Subscriptions automatically renew unless explicitly cancelled prior to the renewal date.
- Renewal cancellations must be initiated at least 24 hours in advance of the renewal date.
- Pricing may be subject to variation based on geographic region and platform.
- Special terms and conditions may apply to promotional offers.
2.3 Service Availability
- We shall endeavor to maintain a 99.9% uptime for the Service; however, we do not guarantee uninterrupted service.
- Scheduled maintenance windows will be announced in advance where reasonably practicable.
- Service availability may be contingent upon the availability of third-party platforms.
- We reserve the right to modify or discontinue features of the Service with prior notice.
- Beta features may be offered with limited support and are subject to change or termination at any time.
3. User Accounts and Security
3.1 Account Creation and Management
- You must provide accurate and complete information during the account creation process.
- You are solely responsible for maintaining the confidentiality and security of your account credentials.
- Multi-factor authentication is available and strongly recommended to enhance account security.
- Account sharing is strictly prohibited.
- You must promptly notify us of any unauthorized access to or use of your account.
- We reserve the right to conduct regular security audits to ensure the integrity of the Service.
3.2 Service Connections
- You are solely responsible for managing your connections to third-party services through the Service.
- Service authentication must adhere to our established security guidelines.
- You are responsible for complying with all applicable token storage and rotation policies.
- You must maintain all necessary permissions and access rights for connected third-party services.
- We reserve the right to disconnect any third-party service connection if we deem it necessary for security or operational reasons.
3.3 Account Termination
We reserve the right to suspend or terminate your account, with or without prior notice, for any of the following reasons:
- Violation of these Terms
- Extended period of account inactivity
- Failure to remit subscription payments
- Engagement in fraudulent or otherwise unlawful activity
- Security concerns
- Abuse of the Service
- Legal compliance requirements
- Violation of applicable platform policies
4. Intellectual Property and Data Rights
4.1 Our Intellectual Property
- The Service and all its constituent components, including but not limited to software, algorithms, and documentation, are the exclusive property of us.
- Our proprietary workflow implementations constitute valuable trade secrets and are protected accordingly.
- All service improvements, adaptations, and modifications shall remain our sole and exclusive property.
- Our AI models and training methodologies are proprietary and confidential.
- All integration methods and tools are protected by applicable intellectual property laws.
- User interface designs and features are protected by copyright.
- All brand assets and identifiers, including but not limited to trademarks and logos, are our exclusive property.
4.2 User Content and Data
- You retain all rights to the content that you create, transmit, or display through the Service.
- You grant us a limited, non-exclusive license to process your content solely for the purpose of providing the Service to you.
- We do not claim ownership of your personal data.
- Integration configurations that you create shall remain your property.
- Custom workflows that you develop may be protected by your intellectual property rights.
- Exported data shall remain under your control and subject to these Terms.
4.3 Third-Party Services
- All third-party service marks and logos are the property of their respective owners.
- Your use of third-party services through the Service may be subject to additional terms and conditions imposed by such third parties.
- Your API usage is governed by the respective service's terms of use.
- All data exchange between the Service and third-party services shall be conducted in accordance with service-specific agreements.
5. Acceptable Use and Conduct
5.1 Prohibited Activities
You agree to utilize the Service solely for lawful purposes and in accordance with these Terms. You are expressly prohibited from engaging in any of the following activities:
- Violating any applicable law, regulation, or ordinance.
- Infringing upon the intellectual property rights of others.
- Transmitting or distributing malicious code, including but not limited to viruses, worms, and Trojan horses.
- Engaging in fraudulent or deceptive practices.
- Distributing unsolicited commercial messages or spam.
- Violating the privacy of others.
- Harassing, threatening, or intimidating other users.
- Disrupting the operation of the Service or any related systems or networks.
- Attempting to gain unauthorized access to the Service or any related systems or networks.
- Reverse engineering, decompiling, or disassembling the Service.
- Circumventing any security measures implemented by us.
- Using the Service for any commercial purpose without our express written consent.
5.2 User Content
You are solely responsible for any content that you create, transmit, or display through the Service. You represent and warrant that you have all necessary rights to such content and that such content does not violate these Terms or any applicable law or regulation. We reserve the right to remove any content that violates these Terms or that we deem to be objectionable.
5.3 Monitoring
We reserve the right to monitor your use of the Service to ensure compliance with these Terms and to protect the security and integrity of the Service. We may disclose any information to law enforcement authorities if we believe that such disclosure is necessary to comply with applicable law or legal process.
5.4 User Responsibility
You acknowledge and agree that you are solely responsible for your use of the Service, including but not limited to your interactions with third-party services, the content you create or transmit, and any consequences arising from your use of the Service. We shall not be liable for any damages, losses, or liabilities arising from your use of the Service, including but not limited to any claims related to intellectual property infringement, data privacy violations, or breaches of third-party terms of service.
6. Service Level and Support
6.1 Service Availability
- Target uptime: 99.9%
- Scheduled maintenance windows
- Emergency maintenance when required
- Status page for service health
- Incident communication protocols
- Backup and recovery procedures
6.2 Support Services
- In-app support chat
- Email support during business hours
- Premium support for enterprise users
- Bug reporting procedures
- Feature request process
- Security vulnerability reporting
- Documentation and guides
6.3 Modifications and Updates
We reserve the right to:
- Modify features
- Update the Service
- Change subscription terms
- Adjust integration capabilities
- Perform maintenance
- Deprecate functionality
- Add new services
7. Liability and Indemnification
7.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF UNINTERRUPTED ACCESS, ERROR-FREE OPERATION, OR THE ABSENCE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT GENERATED BY ARTIFICIAL INTELLIGENCE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
7.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING FROM THE USE OF ARTIFICIAL INTELLIGENCE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OF ACTION. WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR DAMAGES ARISING FROM THE USE OF OR RELIANCE ON INFORMATION OR CONTENT GENERATED BY OUR AI-POWERED ASSISTANT, INCLUDING BUT NOT LIMITED TO ERRORS, OMISSIONS, OR INACCURACIES IN SUCH INFORMATION OR CONTENT.
7.3 Liability Cap
Our maximum liability shall not exceed:
- 12 months of paid subscription fees
- Minimum amount required by law
- Actual direct damages proven
7.4 Indemnification
You agree to indemnify us against:
- Third-party claims
- Regulatory actions
- Legal proceedings
- Damages and costs
- Settlement amounts
- Attorney fees
8. Subscription and Billing
8.1 Subscription Plans
- Multiple tier options available
- Feature availability by tier
- User limits per subscription
- Integration allowances
- API rate limits
- Support level definitions
- Enterprise custom terms
8.2 Payment Terms
- Fees billed through RevenueCat/app stores
- Currency and pricing by region
- Tax calculation and collection
- Payment method requirements
- Failed payment handling
- Account suspension terms
- Reinstatement procedures
8.3 Billing Cycles
- Monthly and annual options
- Subscription start dates
- Renewal processing
- Payment method updates
- Proration rules
- Credit application
- Refund policies
8.4 Cancellation and Refunds
- Cancellation methods
- Notice requirements
- Access post-cancellation
- Data retention period
- Refund eligibility
- Credit policies
- Dispute resolution
9. Term and Termination
9.1 Term
- Subscription duration
- Renewal terms
- Minimum commitments
- Trial periods
- Enterprise agreements
- Beta program terms
9.2 Termination
- Termination rights
- Notice requirements
- Effect of termination
- Data retrieval period
- Final charges
- Service discontinuation
- Migration assistance
9.3 Post-Termination
- Data handling
- Access restrictions
- Final billing
- Integration cleanup
- Token revocation
- Account closure
- Record retention
10. Legal Framework
10.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. For users residing outside of India, any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Delaware. For users residing in India, these Terms shall also be subject to the laws of India, and any dispute arising out of or relating to these Terms shall be subject to the jurisdiction of the courts of Ahmedabad, India.
10.2 Dispute Resolution
Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (for users outside of India) or the Arbitration and Conciliation Act, 1996 (for users in India). The arbitration shall be conducted in English. The decision of the arbitrator shall be final and binding on both parties.
11. Contact and Support
11.1 General Contact
- Company address: August AI, 123 Tech Lane, San Francisco, CA 94107
- Support email: support@august.ai
- Legal department: legal@august.ai
- Privacy inquiries: privacy@august.ai
- Security reports: security@august.ai
- Press contact: press@august.ai
11.2 Legal Notices
- Notice delivery methods
- Response timeframes
- Document requests
- Dispute notifications
- Change communications
- Emergency contacts
11.3 Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
11.4 Waiver
The failure of us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms constitute the entire agreement between you and us regarding your use of the Service and supersede any prior agreements between you and us relating to your use of the Service.
11.5 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
11.6 Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.