Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and YESS ("we," "us," or "our"), the operator of Mia, governing your access to and use of our AI-native sales intelligence platform (the "Service").

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

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

2. Changes to Terms

We reserve the right to modify these Terms at any time in our sole discretion. When we make material changes, we will:

• Update the "Effective Date" at the top of these Terms
• Provide notice via email, in-app notification, or through a prominent notice on our website
• Provide you a reasonable opportunity to review the changes before they become effective

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.

3. Eligibility

To use the Service, you must meet the following eligibility requirements:

• Be at least 18 years of age (or the age of legal majority in your jurisdiction)
• Have the legal capacity to enter into a binding contract
• If registering on behalf of an organization, have the authority to bind that organization to these Terms
• Not be prohibited from using the Service under applicable laws or regulations
• Not be located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country
• Not be listed on any U.S. government list of prohibited or restricted parties

By using the Service, you represent and warrant that you meet all of these eligibility requirements.

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Use a valid business or work email address (personal email addresses such as Gmail, Yahoo, Outlook, etc., are not permitted for business accounts)
• Not create an account using false or misleading information or on behalf of someone other than yourself without proper authorization

4.2 Account Security and Sharing

You are responsible for:

• Maintaining the confidentiality of your account credentials (username and password)
• All activities that occur under your account, whether or not authorized by you
• Immediately notifying us of any unauthorized use of your account or any other security breach

We are not liable for any loss or damage arising from your failure to protect your account credentials.

Account Sharing: Each user account is intended for use by a single individual. Sharing account credentials with multiple users is prohibited and may result in account suspension. For team collaboration, please contact us about team or organizational account options.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms or engaged in fraudulent, abusive, or illegal activity.

5. Description of Service

Mia is an AI-powered sales intelligence platform that provides:

• AI-driven insights and recommendations for sales activities
• CRM integration and data synchronization
• Deal pipeline management and analytics
• Sales forecasting and predictive analytics
• Customer and prospect intelligence
• Other features and functionality as we may add from time to time

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

6. License and Restrictions

6.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes.

6.2 Restrictions

You agree not to:

• Copy, modify, distribute, sell, lease, or sublicense the Service or any portion thereof
• Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying algorithms of the Service
• Use the Service to develop a competing product or service
• Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the Service
• Access the Service through automated means (bots, scrapers, crawlers) except as explicitly permitted by us in writing
• Use the Service in any manner that could disable, overburden, or impair our servers or networks
• Attempt to gain unauthorized access to any portion of the Service, other users' accounts, or systems/networks connected to the Service
• Use the Service for any illegal, harmful, fraudulent, or deceptive purpose
• Upload or transmit viruses, malware, or other malicious code
• Violate any applicable laws, regulations, or third-party rights

7. User Content and Data

7.1 Your Content

You may upload, submit, or transmit data, information, and content to the Service ("User Content"), including sales data, customer information, CRM data, and other business information.

You retain all ownership rights in your User Content. By submitting User Content to the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, store, process, and transmit your User Content solely to provide, maintain, and improve the Service.

7.2 Your Responsibilities

You represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to submit your User Content
• Your User Content does not violate any applicable laws, regulations, or third-party rights (including intellectual property rights, privacy rights, or contractual rights)
• Your User Content does not contain viruses, malware, or other harmful code
• You have obtained all necessary consents and permissions to upload personal information of third parties (such as customer data) to the Service

7.3 Data Processing and Privacy

Our collection, use, and protection of your User Content is governed by our Privacy Policy. You acknowledge and agree that:

• We process your User Content in accordance with our Privacy Policy and applicable data protection laws, including GDPR where applicable
• For customers subject to GDPR, we will provide a Data Processing Agreement (DPA) upon request that includes Standard Contractual Clauses (SCCs) for international data transfers. Please contact support@yess.io to request a DPA
• We may use aggregated, anonymized, and de-identified data derived from your User Content to improve our AI models and Service. Enterprise customers may opt out of AI model training by contacting support@yess.io
• You are responsible for complying with all applicable privacy and data protection laws when uploading User Content containing personal information
• In the event of a security breach affecting your User Content, we will notify you in accordance with applicable law, including GDPR requirements where applicable

7.4 Content Monitoring

We have no obligation to monitor User Content but reserve the right to review, monitor, and remove any User Content at our sole discretion, including User Content that we believe violates these Terms or applicable laws.

8. AI and Automated Decision-Making

The Service uses artificial intelligence and machine learning to provide insights, recommendations, and predictions. You acknowledge and agree that:

• No Guarantee of Accuracy: AI-generated insights and predictions are probabilistic and not guaranteed to be accurate, complete, or error-free
• Informational Purposes Only: AI outputs are provided for informational purposes and should not be considered professional advice
• Your Responsibility: You are solely responsible for verifying all AI-generated information and making your own independent business decisions
• No Liability: We are not liable for any business decisions, outcomes, or consequences resulting from your use of or reliance on AI-generated content
• Human Oversight: You should exercise appropriate human judgment and oversight when using AI features, especially for significant business decisions

If you are subject to laws requiring disclosure or consent for automated decision-making (such as GDPR Article 22), you acknowledge that you have been informed about the use of AI in our Service and consent to such processing.

9. Intellectual Property Rights

9.1 Our Intellectual Property

The Service, including all software, algorithms, AI models, technology, design, text, graphics, logos, and other content (excluding User Content), is owned by YESS or our licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

"Mia," the Mia logo, and other marks used in connection with the Service are trademarks of YESS. You may not use these trademarks without our prior written permission.

9.2 Feedback

If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use, reproduce, modify, and commercialize the Feedback in any manner without compensation or attribution to you.

10. Third-Party Services and Integrations

The Service may integrate with or link to third-party services, including CRM platforms (e.g., Salesforce, HubSpot, Pipedrive) and other business tools.

• Third-party services are subject to their own terms of service and privacy policies
• We are not responsible for the availability, functionality, or content of third-party services
• Your use of third-party integrations may require you to accept additional terms and grant us permission to access your data on those platforms
• We are not liable for any issues, damages, or losses arising from your use of third-party services

11. Fees and Payment

11.1 Fees

Certain features or tiers of the Service may require payment of subscription fees. All fees are stated in U.S. dollars unless otherwise specified and are non-refundable except as required by law or expressly stated otherwise.

11.2 Billing and Automatic Renewal

If you subscribe to a paid plan:

• Fees are billed in advance on a recurring basis (monthly or annually, depending on your chosen plan)
• Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date
• You authorize us to charge your payment method on file for all applicable fees
• If your payment fails, we may suspend your access to paid features until payment is received

11.3 Price Changes

We reserve the right to change our pricing at any time. We will provide you with at least 30 days' notice of any price increase. The new pricing will apply to your next billing cycle after the notice period. If you do not agree to the price change, you may cancel your subscription before the new rate takes effect.

11.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period. We do not provide refunds for partial billing periods, except as required by law.

11.5 Taxes

You are responsible for all applicable taxes (excluding taxes based on our net income) associated with your use of the Service. If we are required to collect or pay taxes, they will be charged to you in addition to the subscription fees.

12. Term and Termination

12.1 Termination by You

You may terminate your account at any time by contacting us at support@yess.io or through your account settings. Termination will not relieve you of any payment obligations for services already provided.

12.2 Termination by Us

We may suspend or terminate your access to the Service immediately, with or without prior notice, for any reason, including if:

• You violate these Terms or our policies
• You engage in fraudulent, abusive, or illegal activity
• Your payment fails or your account is past due
• We are required to do so by law or governmental authority
• We decide to discontinue the Service or certain features

12.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease
• You will have 30 days from the termination date to export your User Content. After this period, we may delete your User Content in accordance with our data retention policies and applicable law
• You will remain liable for all fees incurred prior to termination
• Sections of these Terms that by their nature should survive termination (including intellectual property rights, disclaimers, limitations of liability, and dispute resolution) will continue to apply

To request an export of your data, please contact us at support@yess.io within the 30-day grace period.

13. Disclaimers and Limitations of Liability

13.1 Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE OR CONTENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS

We do not warrant that the Service will meet your requirements or that any defects will be corrected. Your use of the Service is at your sole risk.

13.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YESS, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL
• ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE
• ANY DAMAGES ARISING FROM RELIANCE ON AI-GENERATED CONTENT OR RECOMMENDATIONS
• ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• ANY DAMAGES ARISING FROM THIRD-PARTY SERVICES OR INTEGRATIONS

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.

13.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless YESS, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of or inability to use the Service
• Your User Content
• Your violation of these Terms
• Your violation of any applicable laws, regulations, or third-party rights
• Your negligence, willful misconduct, or fraudulent activity

15. Dispute Resolution and Arbitration

15.1 Informal Dispute Resolution

Before initiating arbitration or litigation, you agree to first contact us at support@yess.io to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations for at least 30 days.

15.2 Binding Arbitration

If we cannot resolve a dispute informally, you and YESS agree to resolve any claims or disputes through binding arbitration, except as specified below. By agreeing to arbitration, you waive your right to a trial by jury or to participate in a class action.

Arbitration will be conducted by a neutral arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration will be conducted in English.

15.3 Exceptions to Arbitration

Either party may seek equitable relief in court to protect intellectual property rights or confidential information. Additionally, either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

15.4 Class Action Waiver

YOU AND YESS AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION.

15.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to support@yess.io within 30 days of first accepting these Terms. Your opt-out notice must include your name, address, and a clear statement that you do not wish to resolve disputes through arbitration.

16. Governing Law and Jurisdiction

These Terms and any disputes arising from or relating to the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and YESS regarding the Service and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid, unenforceable, or void, the remaining provisions will continue in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of YESS.

17.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign or transfer these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

17.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

17.6 Force Majeure

We will not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

17.7 Export Compliance

You agree to comply with all applicable export and import control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to a U.S. government embargo.

17.8 U.S. Government Users

The Service constitutes "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. §2.101. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through §227.7202-4, all U.S. Government end users acquire the Service with only those rights set forth herein.

18. Contact Information

If you have questions, concerns, or feedback about these Terms, please contact us: