Terms of Service

IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING LEGAL AGREEMENT BETWEEN THE CUSTOMER ENTITY (AS DEFINED BELOW) AND MISTRYOS. IT GOVERNS ACCESS TO AND USE OF THE MISTRYOS PLATFORM AND RELATED SERVICES. BY ACCESSING, REGISTERING FOR, OR USING THE SERVICES, CUSTOMER AGREES TO BE BOUND BY THESE TERMS.

1. Definitions

• “Agreement” means collectively these Terms of Service, any applicable Order Forms, and the MistryOS Privacy Policy.
• “Customer” means the legal entity, firm, or business organization that signs an Order Form or registers to use the Services (e.g., countertop fabrication firms, construction companies, civil engineering firms, or real estate developers).
• “Customer Data” means all electronic data, text, files (including estimates, project requests, schedules, inventory logs, job tasks, contracts, bank loan term sheets, and timesheets), voice recordings, or other communication content uploaded, submitted, ingested, or processed by Customer or its Users through the Platform.
• “Platform” means the MistryOS AI-native business operating system software-as-a-service application, including its data connectors, workflow engine, omnichannel AI agents, and insights layers.
• “User” means an individual employee, contractor, or agent of Customer who is authorized by Customer to access and use the Platform using unique login credentials via Google Identity, Microsoft Identity, or other supported single sign-on (SSO) protocols.

2. Services and Access Lifecycle

2.1 Provision of Services.Subject to Customer’s compliance with this Agreement and payment of any applicable fees, MistryOS grants Customer a non-exclusive, non-transferable, non-sublicensable, time-bound right to access and use the Platform for its internal business operations during the subscription term.

2.2 Multi-Tenant Architecture. Customer acknowledges that the Platform is delivered via a secure multi-tenant cloud service architecture. MistryOS guarantees strict logical isolation of Customer Data and configurations from those of other tenants.

2.3 Early Design Partner / Beta Tracks.If Customer is designated as an Early Design Partner or is participating in an early-access evaluation track, Customer acknowledges that the Platform may experience intermittent adjustments, rapid updates, and feature changes. Early design or beta access is provided “AS IS” without warranties of any kind.

3. Customer Responsibilities & Acceptable Use

3.1 Account Security. Customer is entirely responsible for maintaining the confidentiality of User authentication details and SSO configurations. Customer shall immediately notify MistryOS of any unauthorized access to its multi-tenant environment.

3.2 Data Authorization. Customer represents and warrants that it has secured all necessary rights, legal permissions, and consents required to ingest Customer Data into the Platform, including voice recordings of customer service phone calls, client communications via WhatsApp, or employee timesheets.

3.3 Prohibited Conduct. Customer shall not, and shall ensure its Users do not: (a) reverse engineer, decompile, or attempt to derive the source code of the Platform; (b) use the Platform to build a competitive product or service; (c) bypass or breach any security barriers or rate limits enforced on AI inference endpoints; or (d) upload any content that contains malware, violates third-party intellectual property, or violates local applicable laws.

4. AI Inference and Workflow Automation Dynamics

4.1 Frontier Models and Outputs. The Platform leverages frontier artificial intelligence inference models provided by third-party infrastructure leaders (such as Anthropic, OpenAI, and Google Gemini). Customer acknowledges that the outputs, transcriptions, financial underwriting evaluations, and automated project scopes generated by the AI components are probabilistic tools meant to assist human workflows.

4.2 Operational Verification. Customer is solely responsible for reviewing, verifying, and validating all AI-generated outputs (including financial models, automated contract extractions, and critical client quotes) before relying on them or executing binding real estate or engineering agreements based on such outputs.

4.3 Omnichannel Agents. The Platform permits Customer to deploy autonomous omnichannel agents interacting across voice, email, web, and third-party messaging channels like WhatsApp. Customer is responsible for compliance with all local telecommunication and consumer protection laws governing automated electronic outreach, call recording notices, and messaging disclosures.

5. Third-Party Data Connectors

5.1 Integration Dependencies. The Platform offers modular integrations with third-party software suites, including general productivity suites (Google Workspace, Microsoft Office), CRM suites (HubSpot), accounting tools (QuickBooks), and industry-specific software frameworks (Moraware, Ajera).

5.2 Third-Party Terms. Continued functionality of these data connectors depends on the API availability and terms of service enforced by those third-party providers. MistryOS is not responsible for modifications, performance degradations, or service disruptions originating within third-party application layers.

6. Data Privacy and Intellectual Property

6.1 Ownership of Customer Data. As between the parties, Customer retains all right, title, and interest in and to all Customer Data. Customer grants MistryOS a limited, global, royalty-free license to host, process, transmit, and analyze Customer Data solely to provide, maintain, and optimize the workflows within the Platform for Customer.

6.2 Ownership of the Platform. MistryOS and its licensors retain all right, title, and interest in the Platform, including all underlying workflow engine architectures, AI insight layer proprietary models, visual landing designs, source code, and subsequent platform optimizations.

6.3 Data Privacy. MistryOS processes all information in accordance with the MistryOS Privacy Policy. MistryOS enforces commercial-grade administrative, physical, and technical safeguards to preserve the confidentiality and integrity of Customer Data.

7. Fees, Billing, and Renewals

7.1 Payment Terms. Customer shall pay all subscription, tier-based usage, and infrastructure fees specified in the relevant Order Form or digital subscription checkout process. All fees are non-refundable except as explicitly provided herein.

7.2 Taxes. Fees are exclusive of taxes. Customer is responsible for all applicable sales, use, or value-added taxes associated with its procurement of the Services.

8. Term and Termination

8.1 Duration. This Agreement begins on the date Customer first accesses the Platform and continues for the subscription period specified in the applicable contract form, automatically renewing under identical intervals unless cancelled in writing at least thirty (30) days prior to renewal.

8.2 Termination for Cause. Either party may terminate this Agreement immediately if the other party commits a material breach and fails to cure such breach within thirty (30) days of receiving formal written notice.

8.3 Data Retrieval upon Termination.Upon termination or expiration of this Agreement, Customer’s right to access the Platform ceases. MistryOS will make Customer Data available for standard export for a period of thirty (30) days following termination, after which MistryOS may delete or anonymize remaining cloud instances in accordance with its systematic data lifecycle policies.

9. Warranty Disclaimers and Limitation of Liability

9.1 WARRANTY DISCLAIMER.EXCEPT AS EXPLICITLY PROVIDED HEREIN, THE PLATFORM AND ALL ACCOMPANYING WORKFLOW CONTEXTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MISTRYOS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MISTRYOS DOES NOT WARRANT THAT THE SERVICES WILL BE COMPLETELY ERROR-FREE, SECURE FROM ALL VECTOR INTERRUPTION, OR THAT THE AI OUTPUTS WILL BE UNIFORMLY ACCURATE.

9.2 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR OPERATIONAL TIME, ARISING OUT OF OR RELATED TO THIS AGREEMENT. THE TOTAL AGGREGATE LIABILITY OF MISTRYOS FOR ANY CLAIMS ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER TO MISTRYOS IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.

10. Governing Law and Miscellaneous Provisions

10.1 Governing Law. This Agreement, and any disputes arising out of or related to it, shall be governed exclusively by the internal laws of the State of Washington, without regard to its conflicts of laws principles. Any legal suit or action arising out of this contract shall be initiated exclusively in the state or federal courts located in King County, Washington.

10.2 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision, and the remaining provisions of this Agreement shall remain in full effect.

10.3 Entire Agreement. This Agreement constitutes the entire contract between the parties concerning its subject matter and supersedes all prior or contemporaneous agreements, negotiations, or operational statements, written or oral.