Myma.ai Services Agreement
Last Updated 8th Dec 2023
This Myma.ai Service Agreement (herein after referred to as “Agreement”) is a legal document that describes the terms and conditions between Myma Digital Limited (Myma.ai), company number 7477418 (hereinafter referred to as “Myma.ai”, “us”, our or “we”) and the entity or person (hereinafter referred to as “Business” “you”, or “user”) who is signing this agreement or is registered on the Myma.ai Account page to receive Artificial Intelligence (AI) Chatbot, and other business services that may be offered by Myma.ai and its affiliates (each, a “Service”).
If you do not understand any of the terms of this Agreement, please contact us before using the Services.
You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.
This Agreement provides a general description of the Services Myma.ai may provide to you, including AI Chatbot & Digital Compendium.
Before using the Services, you must Sign Up with Myma.ai by filling a paper based Order form or an online Sign-Up form and agree to terms and conditions of this agreement.
Myma.ai will provide AI Chatbot Service to the website visitors who are visiting the business website, and other supported channels to handle their queries through automated AI responses.
Myma.ai will provide a hosted Digital Compendium Service that can be accessed through a browser by the hotel guests to access the hotel information.
Hours of Operations: The hours of operation are 24x7, 7 days a week, and 365 days a year for the service. Any changes to time windows or non-availability will be communicated to the business at least 2 days in advance.
Training and Knowledge Management The business will disseminate all information relevant to manage the stated processes, to Myma.ai. The business will also provide scripts (hereinafter referred to as responses) to Myma.ai in a single digital copy covering relevant FAQs, customer responses, etc. Myma.ai in turn is responsible for ensuring the responses are played back to the customer when a question is asked online by the customer.
Reports Myma.ai will provide access to all the chat transcripts, along with usage reports in a standard format
Key Performance Indicators (KPIs) and Service Levels The following performance parameters will be used to measure performance on monthly basis.
SLA: Response will be provided within 10 Seconds for 98% of the chat messages
AL% (Answering Level) – 98% of the overall Chat will be answered. •
AHT (Average Handling Time) – As Agreed and basis benchmarking done considering the type of Business.
Your Relationship with Your Customers
You know your Customers better than we do, and you are responsible for your relationship with them. Myma.ai is not responsible for the products or services you publicize or sell, or that your Customers purchase through the Service. You affirm that you are solely responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, and for any other ancillary services you provide to your Customers. You are solely responsible for any losses you incur due to service issues with your Customer.
Use of Service Access and the Use of Services
Myma.ai Services are exclusively designated for business use and must be used only in accordance with their purpose, application, and this Terms and Conditions. Myma.ai Services can be accessed solely by logging on to a particular website.
Every Business is assigned a particular password and login (or other credentials) which must not be used by third parties without the Business’s explicit consent. The Business is solely responsible for keeping and proper protection of his password and login (credentials). The Business undertakes to use the Services in accordance with their use, and purpose and in a manner consistent with both these Terms and Conditions and provisions of currently effective law.
The Business bears full responsibility for all contents, responses, and entries added in connection with the use of offered Services.
The Business understands and has become familiar with the technical requirements necessary to use the Services and has no objections in respect thereof.
The Business is aware of risks and threats connected with electronic data transmission.
Myma.ai reserves the right to access Customer accounts for technical and administrative purposes and for security reasons. The obtained information in such a manner shall not be processed or made available to any third parties unless required by the Customer or the provisions of law.
Acceptable Use Policy
This Acceptable Use Policy applies to Myma.ai Services accessible through www.bookmebob.com, mobile versions, and successor URLs related to the domain or subdomain.
To ensure the proper and fluent functioning of the system we hereby declare that the business shall not misuse the Myma.ai Services and products. Consequently, the business agrees not to:
hinder the functioning of the Services, especially in the form of reverse engineering or hacking the Services, attempting to gain unauthorized access to the Services (or any portion thereof) or related systems, networks, or data,
use the Services in a way contradictory to this Terms and Conditions and causing a real danger for Myma.ai
misrepresent or mask the origin of any data, content, or other information you submit for example by "spoofing", "phishing", manipulating headers or other identifiers, impersonating anyone else, or access the Services via another Customer’s account without their permission,
use the Services in a way that violates the rights of other individuals or applicable law of the country,
promote or advertise products or services different from the one belonging to the business without legal basis,
allow or encourage anyone else to commit any of the actions listed above.
As a condition of using the Services, the business shall (a) as required by applicable law, provide notice to its customers (End-users) and obtain consent if required for use of Myma.ai Services.
All information, data, text, software, graphics, commentary, video, messages, or any other materials submitted by using the Service, (collectively, "Data"), is the sole responsibility of the person from whom such Data originated. The business is wholly responsible for all downloads, uploaded, or otherwise transmitted via any of the Services.
The Customer acknowledges and agrees that the Company may engage Sub-processors in connection with the provision of the Services, including without limitation the Processing of the Customer's Personal Data.
Pricing and Payments
Myma.ai will provide the Services to you at the rates and for the fees (“Fees”) described in the Fee Schedule, linked here and incorporated into this Agreement. The Fees include setup, monthly subscription fee, and charges for leads and bookings.
We may revise the Fees after the minimum term period. However, we will provide you with at least 30 days advance notice before revisions become applicable to you (or a longer period of notice if this is required by applicable Law).
You are also obligated to pay all taxes, fees, and other charges (“Taxes”) imposed by any governmental authority, including without limitation any value added tax, goods and services tax, provincial sales tax, and/or harmonized sales tax on the Services provided under this Agreement. If you are tax-exempt, you will provide us with an appropriate certificate or other evidence of tax exemption that is satisfactory to us.
Additional and Resource Costs
Myma.ai quotes include our fee only. Any and all outside costs will be billed to the Client unless specifically otherwise provided for in the quote. These include services such as specialised setup, persona development, and scriptwriting.
We will endeavour to disclose any additional costs at the earliest possible opportunity. This almost always happens during the initial quoting period, though third parties may increase fees without warning.
Invoices are raised for a month’s service in advance on the day your billing starts. Payment is due within 7 days. If you have your credit card or bank account on file, it will be debited when the invoice is raised.
If for whatever reason you are unable to pay your invoice in full, please contact us in writing at your earliest opportunity to arrange for a payment schedule to be put in place.
Overdue payments later than 28 days will result in pausing the facility.
Overdue payments later than 56 days old will result in a 10% immediate interest penalty and will then accrue a further 10% per month until the invoice is cleared.
If your account remains unpaid after 90 days it will automatically be sent to debt recovery (unless an arrangement for payment has been made with the accounts receivable team).
If your account is sent to debt recovery all costs in relation to the collection of overdue accounts will be added to your account.
If your account is overdue for longer than 90 days, we reserve the right to retain control of any and all accounts created and managed on behalf of your business until the amount is paid in full.
Direct Debits or Credit Card Authority
You agree to sign a Direct Debit or Credit Card Authority with Myma.ai, allowing Myma.ai to debit any outstanding fees on the invoice date.
Term and Termination
This Agreement is effective upon the date you first access or uses the Services and continues for a Minimum Term period or until terminated by Myma.ai. You may terminate this Agreement by giving us 30 days written notice. If the minimum term is not completed, you are liable to pay the fee for the entire remaining term. We may terminate this Agreement or close the Service at any time for any reason by providing you a minimum notice of 30 days.
Upon termination, you understand and agree that you are still liable to us for any Fees or fines, or other financial obligations incurred by you or through your use of the Services prior to termination.
Privacy and Data
Your Company Data
We will retain your company details and knowledge base for the purposes of communication and provide service to your customers. Unless expressly authorised in writing, we will not give access to your details to any third party.
Rights in Customer Data
The business retains all rights to Customer Data. Business grants Myma.ai a non-exclusive, worldwide, royalty-free right and license to collect, use, copy, store, transmit, modify, and create derivative works of the Business Data solely to the extent necessary to provide the Myma.ai Service and related services to the Business and its Customers.
“Aggregate/Anonymous Data” means: (i) data generated by aggregating Customer Data with other data so that results are non-personally identifiable with respect to the Business or its Customers; and (ii) learnings, logs, and data regarding the use of the Myma.ai Service.
The business agrees that Myma.ai will have the right to generate Aggregate/Anonymous Data and that Aggregate/Anonymous Data is Myma.ai property, which Myma.ai may use for any business purpose during or after the term of this Agreement (including without limitation to develop and improve Myma.ai’s products and services and to create and distribute reports and other materials). For clarity, Myma.ai will only disclose
Aggregate/Anonymous Data externally in a de-identified (anonymous) form that does not identify the Business or its Customers, and that is stripped of all persistent identifiers (such as device identifiers, IP addresses, and cookie IDs). Business is not responsible for Myma.ai’s use of Aggregate/Anonymous Data.
Use of Logo and Name
You allow Myma.ai to use your name and logo on the website or other marketing material demonstrating you as Myma.ai's client
Additional Legal Terms
Disclosures and Notices; Electronic Signature Consent
Consent to Electronic Disclosures and Notices: By Signing Up to Myma.ai Services, you agree that such Sign Up constitutes your electronic signature, and you consent to the electronic provision of all disclosures and notices from Myma.ai (“Notices”), including those required by Law. You also agree that your electronic consent will have the same legal effect as a physical signature.
Methods of Delivery: You agree that Myma.ai can provide Notices regarding the Services to you through our website, or by mailing Notices to the email or physical addresses as provided during the Sign-Up process or updated later. Notices may include notifications about your Agreement, changes to the Services, or other information we are required to provide to you. You also agree that electronic delivery of a Notice has the same legal effect as if we provided you with a physical copy. We will consider a Notice to have been received by you within 24 hours of the time a Notice is either posted to our website or emailed to you.
Requirements for Delivery: It should come as no surprise to you that you will need a computer or mobile device, Internet connectivity, and an updated browser to review the Notices provided to you. If you are having problems viewing or accessing any Notices, please Contact Us and we can find another means of delivery.
Withdrawing Consent: Due to the nature of the Services, you will not be able to begin using the Services without agreeing to electronic delivery of Notices. However, you may choose to withdraw your consent to receive Notices electronically by terminating your Service with us.
Right to Amend
We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on the use of the Services by posting such changes on our website or any other website we maintain or own. We will provide you with a Notice of any changes via email, or through other means. Your use of the Services, after a change has taken effect constitutes your acceptance of the terms of the modified Agreement. You can access a copy of the current terms of this Agreement on our website at any time. You can find out when this Agreement was last changed by checking the “Last Updated” date at the top of the Agreement.
You may not assign this Agreement, or any rights granted in this Agreement to others without our prior written consent. If you wish to make such an assignment, please contact us. If we consent to the assignment, the assignee agrees to assume all of your rights and obligations owed by you related to the assignment and must agree to comply with the terms of this Agreement. Myma.ai may assign this Agreement without any restriction. If we make an assignment, we will provide reasonable Notice to you to raise any objections.
Ownership of Myma.ai IP
Myma.ai or its licensors exclusively own all rights, titles, and interests in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Services, Reports, and Documentation (collectively, “Myma.ai IP”) or any copies thereof. Myma.ai reserves all rights in Myma.ai IP not expressly granted to you in this Agreement.
You may choose to or we may invite you to submit comments or ideas about improvements to the Service, or any other component of our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Stripe has no fiduciary or any other obligation to you in connection with any Idea you submit to us and that we are free to use your Ideas without any attribution or compensation to you.
Neither party will be liable for any delays in service or other non-performance caused by telecommunications, utility, failures, labour strife, riots, war, or terrorist attacks; non performance of our vendors or suppliers, fires, or acts of nature; or any other event over which the respective party has no reasonable control.
If you are using Services as a sole proprietor, please keep in mind that the Law and the terms of this Agreement consider you and your business to be legally one and the same. You are personally responsible and liable for your use of the Services, payment of Fees, Fines, losses based on Disputes or fraud, or any other amounts you owe under this Agreement.
Representations and Warranties
By accepting the terms of this Agreement, you represent and warrant that: (a) you are eligible to Sign Up and use the Services and have the authority to execute and perform the obligations required by this Agreement; (b) any information you provide us about your business, products, or services is accurate and complete; (c) you will fulfill all of your obligations to Customers and will resolve all Disputes with them.
We provide the services and Myma.ai IP “As Is” and “As Available”. No data, documentation or any other information provided by Myma.ai or obtained by you from or through the services creates or implies any warranty from Myma.ai to you.
Myma.ai disclaims any knowledge of, and do not guarantee: (a) the accuracy, reliability, or correctness of information provided throughout the services; (b) that the service will meet your specific business needs or requirements; (c) that the services will be available at any particular time or location, or will function in an uninterrupted manner or be secure.
To the extent that you acquire goods or services from Myma.ai as a consumer within the meaning of the New Zealand Consumer Guarantees Act 1993, you have certain rights and remedies (including consumer guarantee rights) that cannot be excluded, restricted, or modified by agreement.
Limitation of Liability
Under no circumstances will Myma.ai be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Services or for the unavailability of the Services, for lost profits or property damage, or for any other damages arising out of, in connection with, or relating to this Agreement or your use of the Services.
You agree to limit any additional liability not disclaimed or denied by Myma.ai under this Agreement to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amount of Fees paid by you to Myma.ai during the three-month period immediately preceding the event that gave rise to your claim for damages.
For the purposes of this clause, a “Dispute” includes any difference or dispute arise arising between the Parties as to the meaning or application of any part of the Agreement or any other matter in connection with or which may have an effect on the Agreement.
Either Party ("the First Party") claiming that a Dispute has arisen shall give written notice to the other Party ("the Second Party") specifying the nature of the Dispute and designating as its representative in negotiations relating to the Dispute a person with authority to settle the Dispute.
The Second Party shall, within 5 Working Days after receiving the First Party's notice, give written notice to the First Party, designating as its representative in negotiations relating to the Dispute, a person with similar authority.
The Parties shall use their reasonable endeavors to procure that the persons designated shall seek to resolve the Dispute within 20 Working Days of the Dispute being notified by the First Party.
If the Parties’ designates are unable to resolve the Dispute within 30 days, then at the written request of either Party to the other, the Dispute shall be referred to mediation. The mediator shall be a person agreed upon by the Parties within 5 Working Days of the referral to mediation or, if they cannot agree, then a person appointed at the request of either Party, by the President for the time being of LEADR New Zealand Incorporated. Each Party will bear half of the mediator’s fees.
If the Dispute is unable to be resolved by mediation within 30 Working Days of the referral, then at the written request of either Party to the other, the Dispute shall be submitted to arbitration in accordance with the Arbitration Act 1996. Each Party will bear half of the arbitrator’s fees.
Pending resolution of any Dispute under this clause, the Parties will continue to perform their respective obligations under the Agreement that are not in dispute without prejudice to their respective rights and remedies under the Agreement and at law.