TERMS OF SERVICE

NextGen Fusion AI Inc.

Effective Date: January 1, 2025

Last Updated: January 1, 2025

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Client," "you," or "your") and NextGen Fusion AI Inc. ("Company," "we," "us," or "our"), a Texas corporation, regarding your access to and use of the ScrumMaster AI application, custom AI agent development services, and all related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

Contact Information:

NextGen Fusion AI Inc.

14900 Avery Ranch Blvd, Ste C200 PMB 1041

Austin, TX 78717

Email: shubham@nextgenfusionai.com

Phone: 845-731-1757

2. DEFINITIONS

  • "Services" means all products, services, features, and functionalities provided by NextGen Fusion AI Inc., including but not limited to ScrumMaster AI bot, custom AI agent development, integrations, APIs, and related services.
  • "User" or "Client" means any individual or entity that accesses or uses the Services.
  • "Account" means the registered account you create to access the Services.
  • "User Data" means all data, content, and information submitted, transmitted, or generated through your use of the Services.
  • "Confidential Information" means non-public information disclosed by one party to the other, including business plans, technical data, customer information, and pricing.
  • "Intellectual Property" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights.
  • "Third-Party Services" means external platforms and services integrated with our Services, including Microsoft Teams, Atlassian Jira, OpenAI, and Google AI.
  • "Custom AI Agents" means bespoke artificial intelligence solutions developed specifically for a Client's unique requirements.
  • "Subscription" means recurring payment arrangements for ongoing access to Services.
  • "Professional Services" means consulting, development, implementation, and support services provided by the Company.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Eligibility

To use our Services, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts
  • Not be prohibited from using the Services under applicable law
  • Represent a legitimate business entity (for commercial use)
  • Comply with all applicable laws and regulations

3.2 Account Registration

To access certain Services, you must create an account by providing:

  • Accurate and complete information
  • Valid email address
  • Company information (for business accounts)
  • Payment information (for paid services)

You agree to:

  • Maintain the accuracy of your account information
  • Update information promptly when it changes
  • Maintain the security and confidentiality of your account credentials
  • Not share your account with others
  • Notify us immediately of any unauthorized access

3.3 Account Security

You are responsible for:

  • All activities that occur under your account
  • Maintaining the confidentiality of your login credentials
  • Any losses resulting from unauthorized use of your account

3.4 Organizational Accounts

For organizational or enterprise accounts:

  • The entity creating the account represents that they have authority to bind the organization
  • The organization is responsible for all users under the account
  • The organization must designate an administrator
  • User access is subject to organizational policies and our Terms

4. SERVICES PROVIDED

4.1 ScrumMaster AI Application

Functionality:

  • Microsoft Teams integration for project management
  • Jira ticket creation, viewing, and management
  • AI-powered natural language processing
  • Automated workflow and task management
  • Daily stand-up summaries and reporting
  • Team collaboration features

4.2 Custom AI Agent Development

Services Include:

  • Requirements analysis and consultation
  • Custom AI agent design and development
  • Integration with existing systems
  • Training and deployment
  • Documentation and knowledge transfer
  • Post-launch support

4.3 Integration Services

We provide integration with:

  • Microsoft Teams: Bot communication and workflow automation
  • Atlassian Jira: Project and issue management
  • OpenAI: Natural language processing and AI capabilities
  • Google AI: Additional AI and machine learning features
  • Custom APIs: As specified in project agreements

4.4 Support Services

Standard Support (Included):

  • Email support at shubham@nextgenfusionai.com
  • Response time: 24-48 business hours
  • Documentation and knowledge base access
  • Bug fixes and critical updates

5. PRICING, PAYMENT, AND SUBSCRIPTION TERMS

5.1 Pricing Models

Our Services are offered under various pricing structures:

  • Fixed-Fee Projects: One-time payment for defined scope of work
  • Subscription-Based Services: Monthly or annual recurring billing
  • Custom Pricing: Enterprise agreements with negotiated terms

5.2 Payment Terms

Payment Methods:

  • Credit card (Visa, Mastercard, American Express)
  • ACH/wire transfer (for enterprise accounts)
  • Purchase orders (approved customers only)
  • Third-party payment processors (Stripe, PayPal, etc.)

5.4 Subscription Terms

Auto-Renewal:

  • Subscriptions automatically renew at the end of each term
  • Email notification sent 30 days before renewal
  • Cancel anytime with 30 days written notice

5.5 Refund Policy

Refunds are provided:

  • Within 30 days of initial purchase (if unused)
  • For Service failures lasting more than 7 consecutive days
  • For erroneous or duplicate charges

6. USER DATA AND CONTENT

6.1 Your Rights to User Data

You retain all rights to your User Data, including Jira tickets, conversation history, custom configurations, and intellectual property you create.

We do not claim ownership of your User Data.

6.2 License to Use User Data

By using the Services, you grant us a limited, non-exclusive, worldwide license to:

  • Store, process, and transmit User Data
  • Use User Data to provide and improve Services
  • Create anonymized, aggregated analytics
  • Backup and archive User Data for business continuity

6.3 Your Responsibilities

You agree not to submit:

  • Malware, viruses, or malicious code
  • Content that violates third-party rights
  • Illegal content or content promoting illegal activities
  • Personal information of minors
  • Spam, unsolicited messages, or marketing content

6.4 Cookies and Tracking Technologies

Our website and Services use cookies and similar tracking technologies to enhance your experience, analyze usage, and provide essential functionality. By using our Services, you consent to our use of cookies in accordance with our Cookie Policy.

Types of cookies we use:

  • Necessary Cookies: Essential for website functionality, security, and authentication (cannot be disabled)
  • Analytics Cookies: Help us understand how you use our Services to improve your experience (optional, can be disabled)
  • Marketing Cookies: Reserved for future use in personalized advertising (optional, can be disabled)

You can manage your cookie preferences at any time through our cookie consent banner or by visiting our Cookie Policy page. For more information about how we collect and use your data, please review our Privacy Policy.

7. ACCEPTABLE USE POLICY

7.2 Prohibited Activities

You agree NOT to:

Legal Violations:

  • Use Services for illegal activities
  • Violate intellectual property rights
  • Engage in fraud or deception
  • Violate privacy or data protection laws

Security Threats:

  • Attempt to gain unauthorized access
  • Introduce malware, viruses, or harmful code
  • Interfere with Service operation or security
  • Conduct security testing without authorization

Service Misuse:

  • Exceed usage limits or quotas
  • Resell or redistribute Services without authorization
  • Reverse engineer or decompile software
  • Use Services for competitive purposes

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Company's Intellectual Property

We own all rights to:

  • The Services and underlying technology
  • Software, code, and algorithms
  • Trademarks, logos, and branding
  • Documentation and materials
  • Proprietary methodologies and processes

8.2 Custom AI Agents and Development Work

For custom development projects:

  • Client-Owned Deliverables: Custom configurations specific to Client
  • Company-Owned Components: Base AI models, reusable code libraries, general-purpose tools
  • Licensing: Client receives license to use custom deliverables; Company retains ownership of underlying technology

11. WARRANTIES AND DISCLAIMERS

11.2 AI-Specific Disclaimers

We DO NOT warrant that:

  • AI outputs are accurate, complete, or error-free
  • AI will understand all inputs correctly
  • Results will meet your specific requirements
  • AI decisions are appropriate for your use case

You acknowledge:

  • AI is not a substitute for human judgment
  • AI may produce unexpected or incorrect results
  • You are responsible for reviewing AI outputs
  • You should not rely solely on AI for critical decisions

11.3 DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. LIMITATION OF LIABILITY

12.1 Types of Damages Excluded

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

  • Loss of profits or revenue
  • Loss of business opportunities
  • Loss of data (beyond refund of fees)
  • Cost of substitute services
  • Business interruption
  • Any consequential, incidental, or punitive damages

12.2 Maximum Liability Cap

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED:

  • For Subscription Services: Fees paid in the 12 months preceding the claim (minimum: $100 USD)
  • For Fixed-Fee Projects: Total project value
  • For Free Services: $100 USD

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NextGen Fusion AI Inc. from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the Services
  • Your violation of these Terms
  • Your violation of applicable laws or regulations
  • Your User Data or content
  • Infringement of third-party intellectual property rights
  • Your negligence or willful misconduct

16. TERMINATION

16.1 Termination by You

Subscription Services:

  • Cancel anytime with 30 days written notice
  • Notice via email to shubham@nextgenfusionai.com
  • Access continues through end of paid period
  • No refund for remaining time

16.2 Termination by Us

We may terminate immediately for:

  • Material breach of Terms
  • Violation of Acceptable Use Policy
  • Non-payment after 30 days past due
  • Illegal activities or security threats

16.3 Effects of Termination

What Happens to Your Data:

  • 0-30 days: Available for export
  • 30-90 days: Deleted from active systems
  • 90+ days: Deleted from backups

17. DISPUTE RESOLUTION

17.2 Binding Arbitration

If informal resolution fails, disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Austin, Texas.

Class Action Waiver:

YOU AND COMPANY AGREE THAT DISPUTES MUST BE BROUGHT INDIVIDUALLY. NO CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE ACTIONS ARE PERMITTED.

17.4 Governing Law

This Agreement is governed by:

  • Laws of the State of Texas
  • Without regard to conflict of law principles
  • Exclusive venue: State and federal courts in Travis County, Texas

17.5 Jury Trial Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND COMPANY WAIVE ANY RIGHT TO JURY TRIAL.

19. COMPLIANCE WITH LAWS

19.4 Specific Industry Regulations

Healthcare (HIPAA):

Services are NOT HIPAA-compliant by default. Do not use for protected health information (PHI) unless we execute a Business Associate Agreement (BAA).

Financial Services:

Services not specifically designed for financial regulations (SOX, GLBA, PCI-DSS). Consult your compliance officer before use.

20. CONTACT INFORMATION

For questions or concerns regarding these Terms:

General Inquiries:

NextGen Fusion AI Inc.

14900 Avery Ranch Blvd, Ste C200 PMB 1041

Austin, TX 78717

Email: shubham@nextgenfusionai.com

Phone: 845-731-1757

Support:

Email: shubham@nextgenfusionai.com

Response time: 24-48 business hours

21. ACKNOWLEDGMENT

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE:

  • Read and understood these Terms of Service
  • Had opportunity to review with legal counsel
  • Voluntarily agree to be bound by these Terms
  • Authority to enter into this Agreement

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

Document Version: 1.0

Effective Date: January 1, 2025

Last Updated: January 1, 2025

Last Reviewed: January 1, 2025

Next Review Date: January 1, 2026

© 2025 NextGen Fusion AI Inc. All rights reserved.