These Terms of Service (“Terms”) govern the business relationship between Afterimages OÜ (“Company,” “we,” or “us”) and its clients (“Client” or “you”). By engaging Company for AI implementation services, Client agrees to be bound by these Terms in their entirety.
- Services
Company will provide Client with a complimentary AI automation plan tailored to Client’s specific business processes and tasks. This plan will outline proposed AI implementations to enhance efficiency and productivity. If Client elects to proceed with the AI automation plan, Client shall pay the agreed-upon service fees. Upon receipt of payment, Company shall implement the AI services into Client’s business workflow as detailed in the plan. - Technical Support
For all paid services, Company will provide Client with time-limited technical support to assist with the implemented AI systems, ensure their proper functioning, and address any issues that may arise. The duration of this technical support will range from a minimum of 60 days to a maximum of 180 days following project completion, with the specific time period determined by the total contract amount. Throughout the support period, Company will use commercially reasonable efforts to respond promptly to Client’s support requests and provide effective solutions to any reported problems. - Client Responsibilities
a. Feedback: Client is required to provide timely feedback on each implementation iteration within three (3) business days of delivery. If feedback is not received within this timeframe, Company will deem the iteration accepted as-is by Client.
b. Implementation Actions: To ensure successful deployment, Client must promptly perform all necessary actions required for each implementation step, as communicated by Company, within three (3) business days of the request.
c. Third-Party Expenses: Client acknowledges that certain implementation steps may require the use of third-party services, potentially incurring additional costs. Payment of any and all such third-party expenses shall be the sole responsibility of Client. - Intellectual Property
Company retains sole ownership of and all intellectual property rights in the AI automation plan, all work performed, any developments made, and all contributions of any kind, including but not limited to copyrights, patents, trademarks, and trade secrets, arising out of the services provided to Client. Client shall make no claim to any such Company intellectual property. - Disclaimer of Warranties
CLIENT ACKNOWLEDGES THAT COMPANY’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET CLIENT’S REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (III) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. - Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM CLIENT’S USE OF OR INABILITY TO USE THE SERVICES. COMPANY’S TOTAL LIABILITY FOR ANY CLAIM RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT TO COMPANY DURING THE PRIOR 12 MONTHS. - Indemnification
Client agrees to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees) arising out of or relating to Client’s use or misuse of the services, Client’s breach of these Terms, or Client’s violation of any law or the rights of a third party. - Termination
Either party may terminate this agreement at any time, with or without cause, by providing written notice to the other party. Upon termination, Client shall pay Company for all services provided and expenses incurred up to the termination date. Company reserves the right to immediately terminate or suspend Client’s access to the services, without prior notice, if Client breaches any provision of these Terms. - Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Republic of Estonia, without regard to its conflict of law provisions. Any legal action or proceeding relating to these Terms shall be brought exclusively in the state or federal courts located in Republic of Estonia. The parties consent to the personal jurisdiction of such courts. - Confidentiality
Each party acknowledges that in the course of providing and receiving services under these Terms, they may have access to certain confidential information of the other party. Each party agrees to maintain the confidentiality of such information and to use it solely for the purposes of performing their obligations under these Terms. This confidentiality provision shall survive termination of the agreement. - Refund Policy
Refunds for services provided by Company are only available in the event that Company fails to deliver the services described in the agreed-upon AI automation plan. If Company has provided the services outlined in the plan, no refund shall be issued. Client acknowledges that by agreeing to these Terms, they are authorizing Company to begin work and incur costs on their behalf, and that absent a material breach by Company, all fees paid are non-refundable. - Miscellaneous
These Terms constitute the entire agreement between the parties and supersede all prior or contemporaneous communications and proposals, whether oral or written. No waiver of any provision hereof shall be valid unless in writing and signed by Company. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
By using Company’s services, Client acknowledges that they have read, understood, and agree to be bound by these Terms. Company reserves the right to update and change these Terms at any time and in its sole discretion. Continued use of the services following any such changes shall constitute Client’s consent to such changes.