Terms of Service

Acceptance of Terms

1. Reliable AI, Inc. (“Mubit” or “we”) provides the Service (as defined below) to you through its website located at https://mubit.ai/ (the “Site”), subject to these Terms of Service (this “TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service. “Customer” means you or the entity on whose behalf you enter into this TOS.
2. Mubit may change this TOS from time to time by providing thirty (30) days prior notice either by emailing the email address associated with your account or by posting a notice on the Site. You can review the most current version of this TOS at any time at https://mubit.ai/tos. The revised terms and conditions will become effective thirty (30) days after we post or send you notice of such changes, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop using the Service and cancel your account through the Service or by sending a cancellation email to support@mubit.ai.
3. As part of the registration process, you will identify an administrative user name and password for your account (“Account”). You may use the administrative user name and password to create standard users (each with a user password) as permitted in the applicable order form or online ordering flow (collectively, “Order Form”).

Description of Service

The “Service” includes (a) the Site, (b) Mubit’s operational memory infrastructure platform for AI agents and related technologies, and (c) all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.

General Conditions / Access and Use of the Service

1. Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Mubit. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. You shall comply with any codes of conduct, policies or other notices Mubit provides you or publishes in connection with the Service, and you shall promptly notify Mubit if you learn of a security breach related to the Service.
2. You agree not to access the Service by any means other than through the interface that is provided by Mubit for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Mubit or any third party is granted to you in connection with the Service.
3. You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “upload(ing)”) in connection with or relating to the Service (“Customer Content”). You agree to cooperate with and provide reasonable assistance to Mubit, upon request, in promoting and advertising the Service.
4. You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account. Mubit reserves the right to access your account in order to respond to your requests for technical support. Customer retains ownership of Customer Content and grants Mubit a limited, non-exclusive license to host, store, reproduce, transmit, and process it only as necessary to provide, secure, support, and maintain the Service, in accordance with the Data Processing Addendum. Mubit may use aggregated or de-identified information to improve its products and services only where the information does not identify, and cannot reasonably be used to identify, Customer or any individual. Mubit will not use Customer Content or Customer Personal Data to train or improve models except as expressly agreed in writing by Customer and permitted by the Data Processing Addendum. “Customer Personal Data” has the meaning given in the Data Processing Addendum. Mubit has the right, but not the obligation, to monitor the Service, Content, or Customer Content. You further agree that Mubit may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. Any deletion of Customer Personal Data remains subject to the Data Processing Addendum.
5. Mubit protects Customer Content using the security measures described in the Data Processing Addendum. Customers are responsible for securing their accounts, credentials, agents, and integrations. Mubit remains responsible for its obligations under the Data Processing Addendum.
6. You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, servers, software, operating system, networking, web servers, long distance and local telephone service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Service and complies with all configurations and specifications set forth in Mubit’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your Account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your Account or the Equipment with or without your knowledge or consent.
7. The failure of Mubit to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and Mubit, even though it is electronic and is not physically signed by you and Mubit, and it governs your use of the Service.
8. Mubit reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on Mubit’s website and in other communication with existing or potential Mubit customers. To decline Mubit this right you need to email support@mubit.ai stating that you do not wish to be used as a reference.
9. Subject to the terms hereof, Mubit may (but has no obligation to) provide technical support services, through email in accordance with our standard practice.
10. The Service contains, or may allow you to use, features or functionality that utilize artificial intelligence technology or data models trained by machine learning (collectively, “AI Tools”). The use of such AI Tools is subject to the following terms and conditions. For purposes hereof, “Input” means Customer Content provided by you or your users to be processed by AI Tools, and “Output” means any output generated and returned to you or your users, or automatically generated and transmitted on behalf of you or your users, by AI Tools based on the Input.
11. Input and Output constitute Customer Content hereunder. You must ensure that your Input, Output and use of AI Tools does not violate any applicable law or infringe, violate, or misappropriate any proprietary rights. You acknowledge that due to the nature of machine learning and the technology powering AI Tools, Output may not be unique, and AI Tools may generate the same or similar output for third parties.
12. You will not use AI Tools: (a) to mislead any person that Output was solely human generated; or (b) in violation of any third-party terms, guidelines, policies, or the like to which the AI Tools link in connection with generation of Output.
13. Notwithstanding anything herein, we do not make any warranty as to, and will have no liability with respect to, AI Tools, Output, the results that may be obtained from the use of AI Tools or the accuracy of any information obtained through AI Tools, including with respect to the factual accuracy of any Output or suitability for your use case. Use of any material and/or data obtained through the use of any AI Tools feature is at your sole risk. You should not rely on factual assertions in Output without independently fact checking their accuracy. No information or advice, whether oral or written, obtained by you from Mubit or through AI Tools creates any such warranty. You acknowledge and agree that the Service is solely an operational memory infrastructure platform for AI agents. Mubit is not responsible for any AI agents or their behavior. You are solely responsible for any AI agents that you use or deploy in connection with the Service, including their behavior, actions, and omissions.
14. Customer must not submit or cause Mubit to process Protected Health Information (PHI) unless Mubit has approved the use in writing and the parties have entered into a Business Associate Agreement. Customer must not submit special-category personal data unless the parties have agreed in writing that the Service and applicable safeguards support that processing.

Payment

1. To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Mubit information regarding your credit card or other payment instrument. You represent and warrant to Mubit that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Mubit the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize Mubit to bill your payment instrument (a) for subscription fees, in advance, and (b) for usage-based fees, in arrears, in each case, on a periodic basis and in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let Mubit know within sixty (60) days after the date that Mubit invoices you. We reserve the right to change Mubit’s prices. If Mubit does change prices, Mubit will provide notice of the change on the Site or in email to you, at Mubit’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. Mubit may choose to bill through an invoice, in which case full payment for invoices issued in any given month must be received by Mubit thirty (30) days after the mailing date of the invoice, or the Service may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with the Service other than U.S. taxes based on Mubit’s net income.
2. Notwithstanding any amounts owed to Mubit hereunder, MUBIT DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use third-party payment processors (“Payment Processors”). These payment processing services are provided by the Payment Processors and are subject to the terms and conditions and other policies available at the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (the “Payment Processor Agreements”). By agreeing to this TOS, you agree that by using the payment functions of the Service also agree to be bound by the applicable Payment Processor Agreement for the payment function you are using, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the applicable Payment Processor for more information. Mubit assumes no liability or responsibility for any payments you make through the Service.

Representations and Warranties

You represent and warrant to Mubit that (a) you have full power and authority to enter into this TOS; (b) you own all Customer Content or have obtained all permissions, releases, rights or licenses required to engage in your uploading and other activities (and allow Mubit to perform its obligations) in connection with the Service without obtaining any further releases or consents; (c) Customer Content and other activities in connection with the Service, and Mubit’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Customer Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (d) you are eighteen (18) years of age or older.

Termination

You have the right to terminate your account at any time through the Service or by sending a cancellation request to support@mubit.ai. Subject to earlier termination as provided below, Mubit may terminate your Account and this TOS at any time by providing thirty (30) days’ prior notice to the administrative email address associated with your Account. In addition to any other remedies we may have, Mubit may also terminate this TOS upon thirty (30) days’ notice (or ten (10) days in the case of nonpayment) if you breach any of the terms or conditions of this TOS. Mubit reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof). Upon termination, Mubit will delete Customer Personal Data in accordance with the Data Processing Addendum. Any other Customer Content will be deleted in accordance with the applicable customer agreement and Mubit’s documented retention schedule. If Mubit terminates your account without cause and you have signed up for a fee-bearing service, Mubit will refund the pro-rated, unearned portion of any subscription fees that you have prepaid to Mubit for such Service. However, all accrued rights to payment and the terms of Sections 4 through 14 shall survive termination of this TOS.

Disclaimer of Warranties

The Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Mubit or by third-party providers, or because of other causes beyond our reasonable control, but Mubit shall use commercially reasonable efforts to provide advance notice in writing, by email, and/or via a dedicated service status page on the Site (if applicable) of any scheduled service disruption. HOWEVER, THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND MUBIT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT MUBIT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS OR OUTPUT THAT MAY BE OBTAINED FROM USE OF THE SERVICE, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM MUBIT OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

Limitation of Liability

1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL MUBIT BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
2. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, MUBIT’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You shall defend, indemnify, and hold harmless Mubit from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from (a) your breach of this TOS, (b) any Customer Content, (c) your other access, contribution to, use or misuse of the Service, or (d) any AI agent that you use or deploy in connection with the Service. Mubit shall provide notice to you of any such claim, suit or demand. Mubit reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Mubit’s defense of such matter.

U.S. Government Matters

You may not remove or export from the United States or allow the export or re-export of the Service or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the software and documentation installed by Mubit on your Equipment (if applicable) are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this TOS and will be prohibited except to the extent expressly permitted by the terms of this TOS.

Assignment

You may not assign this TOS without the prior written consent of Mubit, but Mubit may assign or transfer this TOS, in whole or in part, without restriction.

Miscellaneous

If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable. Both parties agree that this TOS, together with any Order Form, is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS, and that all waivers must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind Mubit in any respect whatsoever. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

Governing Law

This TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by Mubit in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.

Privacy

Please visit https://mubit.ai/privacy to understand how Mubit collects and uses personal information.