1. Introduction

Welcome to Famla AI (« Famla, » « we, » « us, » or « our »), an AI-powered enterprise solution designed to assist companies with process discovery and process documentation. These Terms and Conditions (« Terms ») govern your organization’s access to and use of Famla, including our website, software, and any related services (collectively, the « Service »). Please read these Terms carefully before using the Service.  

2. Acceptance of Terms

By accessing or using the Service, you, on behalf of your organization (« you » or « your »), agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.  

3. Use of the Service

3.1 Account Registration

To access and use the Service, you must register for an account and provide Famla with accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.  

3.2 License Grant

Subject to your compliance with these Terms, Famla grants you a non-exclusive, non-transferable, limited license to access and use the Service for your internal business purposes.  

3.3 Restrictions

You agree not to:

• License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Service available to any third party, other than authorized users within your organization.  
• Modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.  
• Use the Service in any way that violates any applicable federal, state, local, or international law or regulation.
  
• Use the Service to process any sensitive personal information without obtaining explicit consent and implementing appropriate safeguards.  
• Use the Service to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.  
• Use the Service to impersonate or attempt to impersonate Famla, a Famla employee, another user, or any other person or entity.
  
• Interfere with or disrupt the integrity or performance of the Service or its related systems or networks.
  
• Attempt to decipher, decompile, reverse engineer, or otherwise discover any source code or underlying ideas or algorithms of the Service.  

4. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Famla and its licensors. The Service is protected by copyright, trademark, and other laws of both The Republic of Ireland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Famla.  

5. Data

5.1 Data Ownership

You retain ownership of all data, information, and materials that you input, upload, or submit to the Service (« Your Data »). This includes, but is not limited to, organogram details, customer names, and activities performance data.  

5.2 Data Use

Famla may use Your Data to provide and improve the Service, including to:

• Process and analyze Your Data to generate process maps and documentation.
  
• Develop and improve AI models and algorithms.
  
• Aggregate and anonymize Your Data for research and development purposes.
  
• Provide technical support, communicate with your authorized users, and respond to your inquiries.
  
• Analyze anonymized and aggregated data derived from your usage to provide more relevant industry insights, trends, and potentially advertisements related to our services or partner offerings.  

5.3 Data Security

Famla will take reasonable measures to protect Your Data from unauthorized access, use, or disclosure. These measures include:

• Encryption of Your Data both in transit and at rest.
  
• Secure storage of Your Data on professionally managed cloud infrastructure that undergoes regular security audits.
  
• Strict access controls to Your Data, granted only to authorized personnel who are contractually bound by confidentiality agreements.
  
• A detailed incident response plan in place to address potential security breaches swiftly.  

5.4 Data Transparency and Access

• Famla provides clear information about how Your Data is used within this policy and in any contractual agreements.
  
• You have the right to access the data we collect and process on your business’s behalf.
  
• You have the right to request the correction of any inaccurate personal data held by us.
  
• Upon termination of your service agreement, you can request the deletion or return of your data following applicable regulations.  

5.5 Third-Party Services

We may integrate with third-party services to enhance certain features of our AI solution. These third parties will have access only to the data necessary to perform their specific functions on our behalf and are required to maintain strict privacy and security safeguards.  

6. Disclaimer

The Service is provided « as is » and « as available » without any warranty of any kind, express or implied. Famla disclaims all warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Famla does not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components. [cite: 1, 2, 3]  

7. Limitation of Liability

In no event shall Famla, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Famla has been advised of the possibility of such damages.  

8. Indemnification

You agree to defend, indemnify, and hold harmless Famla, its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Service, including, but not limited to, your use of the Service’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.  

9. Termination

This Agreement shall remain in effect until terminated as set forth herein. Either party may terminate this Agreement for any reason upon [number] days’ written notice to the other party. Famla may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.  

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of The Republic of Ireland, without regard to its conflict of law provisions.  

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 5 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.  

12. Entire Agreement

These Terms constitute the entire agreement between you and Famla relating to the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Famla.  

13. Contact Us

If you have any questions about these Terms, please contact us at [email protected].  

Effective Date: 02 October 2024