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THE SMART WAY TO BOOST YOUR BUSINESS REVENUE

Get more qualified leads and improve your sales numbers using A.I. and Smart
Flows to capture visitors through conversation.

Transform your business and capture leads like never before with our platform.
Tayon is designed to engage high-quality prospects through personalized
conversations effortlessly.


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 * * (c)2023 Tayon INC. - All rights reserved.
   * 
 * * Privacy Policy
   * Terms of Use
   * 


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Privacy Policy

Efective date: March 1st, 2021

This Website, is committed to protecting and respecting your privacy. This
policy together with our terms of use and any other documents referred to here
set out the core principle on which any personal data we collect from you or
that you provide to us, will be processed by us. Please read the following
carefully to understand our views and practices regarding your personal data and
how we will treat it.

We keep certain basic information when you visit our website and recognize the
importance of keeping that information secure and letting you know what we will
do with it. This policy only applies to our website. If you leave our website
via a link or otherwise, you will be subject to the policy of that website
provider. We have no control over the policy or terms of other websites. It is
your responsibility to check their policy before continuing to access them.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following information about you: Information that
you provide by filling in forms on our site. Information provided at the time of
registering as a user on our website subscribing to our services or requesting
further assistance Information you provide when reporting an issue with our
website, when you contact us, a record of that correspondence, completed surveys
that we use for research purposes; although you do not have to respond to them.

IP ADDRESSES AND COOKIES

We may collect information about your computer, including where available,
your IP address, operating system, and browser type. We also collect data for
system administration and to report aggregate information to our advertisers.
This is statistical data about our users’ browsing actions and patterns, and
does not identify any individual or collect personal information to our
third-party advertisers.

You may refuse to accept cookies by activating the setting on your browser which
allows you to refuse cookies. However, if you select this setting you may be
unable to access certain parts of our website. Unless you have adjusted your
browser setting so that it will refuse cookies, our system will issue cookies
when you log on to our website.

WHERE WE STORE YOUR PERSONAL DATA

All information you provide to us is stored on our secure servers. Any payment
transactions will be encrypted. Where we have given you (or where you have
chosen) a password which enables you to access certain parts of our site, you
are responsible for keeping this password confidential. We ask you not to share
the password with anyone.

USES MADE OF THE INFORMATION

We use information kept about you in the following ways: To ensure that content
from our website is presented in the most effective manner for you and for your
computer. To provide you with information, products or services that you request
from us or which we feel may interest you, where you have consented to be
contacted for such purposes. To carry out our obligations arising from any
contracts entered into between you and us. To allow you to participate in
interactive features of our service, when you choose to do so. To notify you
about changes to our service.

CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE

Because we value your privacy we have taken the necessary precautions to be in
compliance with the California Online Privacy Protection Act. We, therefore,
will not distribute your personal information to outside parties without your
consent. As part of the California Online Privacy Protection Act, all users of
our site may make any changes to their information at any time by logging into
their profile and going to the “Account Info” page.

CHILDREN ONLINE PRIVACY PROTECTION ACT COMPLIANCE

We are in compliance with the requirements of COPPA (Children’s Online Privacy
Protection Act). We do not collect any information from anyone under 13 years of
age. Our website, products and services are all directed to people who are at
least 13 years old or older.

YOUR RIGHTS

You have the right to ask us not to process your personal data for marketing
purposes. We will usually inform you (before collecting your data) if we intend
to use your data for such purposes or if we intend to disclose your information
to any third party for such purposes. You can exercise your right to prevent
such processing by checking certain boxes on the forms we use to collect your
data. You can also exercise the right at any time by contacting us via email.
Our website may, from time to time, contain links to and from the websites of
our partner networks, advertisers, and affiliates. If you follow a link to any
of these websites, please note that these websites have their own privacy
policies and that we do not accept any responsibility or liability for these
policies. Please check these policies before you submit any personal data to
these websites.

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on
this page and, when appropriate, notified to you by e-mail. However, we advise
that you check this page regularly to keep up to date with any changes.

YOUR CONSENT

By using our website, you indicate that you agree to our privacy policy and that
you agree to abide by it. If you do not agree to our privacy policy, please
refrain from using our website.

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Terms of Use

Efective date: March 1st, 2021

Please read these Terms of Use (the “Agreement”) carefully before using the
https://tayon.ai website and the Tayon application at https://app.tayon.ai
(together, or individually, the “Services”) operated by Tayon INC. (“Tayon”,
“us”, “we”, or “our”). Your (“Customer,” “you”, or “your”) access to and use of
the Services is conditioned upon your acceptance of and compliance with this
Agreement. This Agreement applies to all visitors, users, and others who wish to
access or use the Services. By accessing or using the Services you agree to be
bound by this Agreement. If you disagree with any part of this Agreement then
you do not have permission to access the Services.

Definitions

“Activation Link” means the link through which Customer may sign up and make
payment in order to receive Services.

“Customer Content” means content, data, and information submitted to the
Services by Customer or by a third party on behalf of or for the benefit of
Customer, including Customer’s customers and prospective customers and visitors
to Customer’s website(s).

“Documentation” means Tayon’s then-current generally available documentation,
specifications, user manuals, etc. for the Services, which can be located at
https://help.tayon.ai or such other URL as Tayon may provide from time to time,
as well as any documentation included in or attached to any Order Form or such
other Services-related documents provided to Customer.

“Order Form” the document describing the Services and pricing purchased by the
Customer and which incorporates these Terms of Use.

“Platform” means Tayon’s proprietary A.I. Chatbot platform.

“Personal Data” means any information relating to an identified or identifiable
individual.

“Sensitive Personal Information” means Personal Data subject to specialized
security regimes, including without limitation the Health Insurance Portability
and Accountability Act (“HIPAA”), and the standards promulgated by the PCI
Security Standards Council (“PCI”).

“Services” means Tayon’s products and/or services provided to the Customer.

“Subscription Term” means the term for the Services set forth in the applicable
Order Form or Activation Link.

“User” means an individual employee, consultant, contractor, or agent of
Customer who has been authorized by Customer to use the Platform on behalf of
Customer and its Affiliates.

Free Accounts

We reserve the right of terminating Free Accounts, or modify the available
services/features, at any time with 30 days notice.

General Commercial Terms

Access – During the term of your Order Form, we will provide you with access to
the Services.

Fees and Payment – You agree to pay all applicable fees for the Services as set
forth on the invoice unless you provide written notice of a dispute regarding
such fees no later than 30 days after the invoice date. Any and all payments you
make to us for the Services are final and non-refundable. If we agree to accept
your payment via invoice rather than by credit card, full payment must be
received within thirty (30) days from the invoice date. We will provide you with
notice of non-payment of any undisputed amount due. Unless the full amount not
in dispute has been paid, we may suspend your access to the Services thirty (30)
days after such notice. We will not suspend access to the Services while you are
disputing the applicable charges reasonably and in good faith and are
cooperating diligently to resolve the dispute. If your Services are suspended
for non-payment, we may charge a re-activation fee to reinstate your access to
the Services.

Subscription Fees and Payment – If you are paying via a credit card, you
authorize us to charge your credit card or bank account for all fees payable
during the Subscription Term. You further authorize us to use a PCI-compliant
third party to process payments, and consent to the disclosure of your payment
information to such third party. If you are paying by invoice, we will invoice
you no later than thirty (30) days before the beginning of the Subscription Term
and all other times during the Subscription Term when fees are payable.

Availability – Tayon will make commercially reasonable efforts to make the
Platform available within the defined uptime percentage of at least 99.5% during
the monthly billing period.

Warranties – Tayon represents and warrants that the Services will be provided in
a professional and workmanlike manner in accordance with industry standards.

Use and Limitations of Use.

Acceptable Use – You agree to comply with our Acceptable Use Policy.

Prohibited and Unauthorized Use – You agree that you will not, directly or
indirectly, (1) make the Services available to, or use the Services for the
benefit of, anyone other than yourself or the Users using the Services on your
behalf; (2) sell, resell, license, sublicense, distribute, rent, lease the
Services, or include any Services in a service bureau or outsourcing offering;
(3) use the Services to send SPAM or store or transmit infringing, libelous, or
otherwise unlawful, or tortious content, material or data; (4) store or transmit
material or data on or through the Services in violation of law or third-party
rights, including without limitation privacy rights or any contract to which you
are a party; (5) use the Services to store or transmit malicious or disruptive
code; (6) interfere with or disrupt the integrity or performance of the Services
or third-party data contained therein; (7) attempt to gain unauthorized access
to the Services or its related systems or networks; (8) permit direct or
indirect access to or use of the Services in a way that circumvents a
contractual usage limit; (9) copy the Services or any part, feature, function or
user interface thereof; (10) frame or mirror any part of any Services, other
than framing on your own internal intranets; (11) access or use the Services for
benchmarking or similar competitive analysis purposes or in order to build a
competitive product or service; (12) modify, translate, or create derivative
works based on the Services or any underlying software; (13) decompile,
disassemble, decipher or reverse-engineer the Services, or otherwise attempt to
derive any source code or underlying ideas or algorithms of any part of the
Services, (except to the extent such restriction is expressly prohibited by
applicable statutory law) or (14) breach Tayon’s Acceptable Use Policy. Tayon
may suspend any User’s access to any or all subscription Services without notice
in the event of a violation of this Section.

No Sensitive Information – YOU AGREE NOT TO USE THE PLATFORM OR ANY SERVICES TO
COLLECT, MANAGE OR PROCESS SENSITIVE PERSONAL INFORMATION. Tayon WILL NOT BE
RESPONSIBLE FOR ANY LIABILITY RESULTING FROM YOUR USE OF THE PLATFORM OR ANY
SERVICES TO COLLECT OR PROCESS SENSITIVE PERSONAL INFORMATION.

Subscription Term and Termination – (1) Term and Renewal. Your initial
Subscription Term will be set forth in the Order Form or Activation Link. At the
expiration of the initial period, the Subscription Term will automatically renew
for additional periods of the same duration unless either party provides the
other party with written notice of non-renewal at least thirty (30) days prior
to the expiration of the then-current term. (2) Termination. If either party
materially breaches any of its duties or obligations under these Terms of Use or
an Order Form, and such breach is not cured within thirty (30) calendar days of
the non-breaching party providing the breaching party of written notice of the
breach, the non-breaching party may terminate these Terms of Use or the
applicable Order Form, as applicable. (3) Effect of Termination or Expiration.
All provisions of these Terms of Use, which by their nature should survive
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.

General Legal Terms

Customer Content – Our Services allow you to post, link, store, share and
otherwise make available certain information, text, graphics, videos, or other
material (“Customer Content”). You are responsible for the Customer Content that
you post on or through the Services, including its legality, reliability, and
appropriateness. By posting Customer Content on or through the Services, you
represent and warrant that: (a) the Customer Content you post on or through the
Services is yours (you own it) and/or you have the right to use it and the right
to grant us the rights and license as provided in these Terms of Use, and (b)
the posting of your Customer Content on or through the Services does not violate
the privacy rights, publicity rights, copyrights, contract rights or any other
rights of any person or entity. We reserve the right to terminate the account of
anyone found to be infringing on a copyright or otherwise in violation of this
section. We take no responsibility and assume no liability for Customer Content
you or any third-party posts on or through the Services.

Tayon Proprietary Rights – You acknowledge that we retain all right, title, and
interest in the Services, the Platform, our name, logo or other marks (the
“Tayon Marks”), and any related intellectual property rights, including, without
limitation, all modifications, enhancements, derivative works, and upgrades
thereto. You agree that you will not use or register any mark, business name,
domain name, or social media account name or handle which incorporates in whole
or in part the Tayon Marks. In addition, the information provided by Tayon as
part of the provision of the Services is the property of Tayon or used with
permission. You may not distribute, modify, transmit, reuse, download, repost,
copy, or use such information, whether in whole or in part, for commercial
purposes or for personal gain, without express advance written permission from
us.

Customer Proprietary Rights – You own and retain all the rights to your Customer
Content and you are responsible for protecting those rights. These Terms of Use
do not grant us any ownership rights to Customer Content. You grant permission
to us to use the Customer Content as necessary to provide the Services and as
permitted by these Terms of Use. If you are using our Services on behalf of
another party, then you represent and warrant that you have the sufficient and
necessary rights and permissions to do so. Tayon may collect and use data
regarding the use and performance of the Services in aggregated form, without
the use of any personal data, to analyze and improve the Services and optimize
company operations.

Indemnification – Tayon will indemnify, defend, and hold you harmless against
any claim made or brought by a third party, and any resulting damages or costs
(including reasonable attorneys’ fees) awarded by a court or included as part of
a final settlement (“Claim”), against you alleging that your use of the Services
in accordance with these Terms of Use or any Order Form infringes or
misappropriates such third party’s intellectual property rights. The foregoing
obligations do not apply with respect to any Claim based on or arising from (a)
unauthorized or illegal use of the Services, (b) your breach of these Terms of
Use, (c) your use of the Services combined with products, services, processes,
content or materials not supplied by Tayon, or (d) the unauthorized use of the
Services by a third party using your user information. You will indemnify,
defend and hold us harmless, at your expense, against any Claim brought against
us (and our officers, directors, employees, agents, service providers,
licensors, and affiliates) by a third party based upon or arising out of
Customer Content or any of the foregoing clauses (a) – (d). The indemnified
party will promptly: notify the indemnifying party in writing of any such Claim;
give the indemnifying party sole control of the defense or settlement of such a
Claim, and provide the indemnifying party with any and all information and
assistance reasonably requested by it in connection with the defense or
settlement of the Claim. The indemnifying party shall not accept any settlement
that (i) requires the indemnified party to make an admission of fault or
wrongdoing; or (ii) imposes liability not covered by these indemnification
provisions without the indemnified party’s consent.

Confidentiality – Each party acknowledges that as a result of the Services
provided, such party (the “Receiving Party”) may receive information from the
other party (the “Disclosing Party”) that is designated as Confidential
Information communicated orally will be considered Confidential Information if
the information is confirmed in writing as being Confidential Information within
a reasonable time after the initial disclosure. (“Confidential Information”).
Your Confidential Information includes, but is not limited to, internal business
information, contact information including names and email addresses of clients
and prospective clients, and other information about clients and prospective
clients. Tayon’s Confidential Information includes, but is not limited to,
information Tayon provides in its provision of the Services, its business and
marketing plans, technology and technical information, product plans and
designs, and business processes disclosed by Tayon. The Receiving Party
acknowledges that the Disclosing Party’s Confidential Information will remain
solely the Disclosing Party’s property and proprietary information of the
Disclosing Party and that the Receiving Party’s knowledge of the Disclosing
Party’s Confidential Information may enable the Receiving Party to cause the
Disclosing Party’s irreparable harm upon the unauthorized disclosure of such
matters. The Receiving Party covenants and agrees that it will not use or
appropriate for its own behalf, or disclose or communicate, directly or
indirectly, any of the Disclosing Party’s Confidential Information to any
external third-party individual, firm, company, or other entity or person
without the Disclosing Party’s prior written consent, except to the extent
necessary to perform its obligations under the Agreement. The Receiving Party
shall take all commercially reasonable steps required to protect the Disclosing
Party’s Confidential Information from unauthorized disclosure to any third party
and shall keep the Confidential Information protected while stored with
industry-standard and commercially reasonable measures typically used in similar
commercial sectors. The foregoing obligations of confidentiality do not apply to
any information that: (a) is made publicly known without fault of the Receiving
Party; (b) is lawfully disclosed to the Receiving Party by a third-party having
the right to disclose the information; (c) is produced by the Receiving Party
pursuant to legal process, or under a court or government agency order to be
produced, provided that the Receiving Party shall promptly notify the Disclosing
Party of the request or order so that the Disclosing Party has a timely
opportunity to seek a protective order or other appropriate relief; or (d) is
developed by the Receiving Party independently of the receipt of the Disclosing
Party’s Confidential Information. The Receiving Party shall, at the Disclosing
Party’s option, return or destroy all Confidential Information in Receiving
Party’s possession, and all copies thereof, at any time upon the Disclosing
Party’s request.

Publicity – You grant us the right to add your name and company logo to our
customer list and website.

Disclaimers – EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS
IS”. FURTHER, EXCEPT AS PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF ANY
KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND EACH PARTY
SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND ANY WARRANTIES ARISING OUT OF
COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. Tayon MAKES NO
REPRESENTATIONS OR WARRANTIES REGARDING (A) THE SUITABILITY OR COMPLETENESS OF
THE SERVICES, (B) THE RESULTS CUSTOMER MAY OBTAIN BY USING THE SERVICES, OR (C)
THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS.

Limitation of Liability – EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES AND
INDEMNIFICATION OBLIGATIONS, EACH PARTY’S AGGREGATE LIABILITY WILL BE LIMITED TO
THE THE TOTAL AMOUNTS YOU HAVE ACTUALLY PAID TO Tayon IN THE TWELVE MONTH PERIOD
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO A CLAIM. Tayon IS NOT RESPONSIBLE
FOR AND EXPRESSLY DISCLAIMS ANY LIABILITY WITH RESPECT TO ALL THIRD-PARTY
PRODUCTS THAT YOU USE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS,
REVENUE, DATA, OR BUSINESS OPPORTUNITIES. THIS SECTION DOES NOT APPLY TO A
PARTY’S VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.

General Provisions

Force Majeure – Neither party will be responsible for failure or delay of
performance if caused by: an act of war, hostility or sabotage; act of God;
electrical, internet, or telecommunication outage that is not caused by the
obligated party; government restrictions; or other events outside the reasonable
control of the obligated party. Each party will use reasonable efforts to
mitigate the effect of a force majeure event.

Relationship of the Parties – The parties understand and agree that no joint
venture, partnership, employment, or agency relationship exists between us.

Compliance with Laws – We will comply with all applicable laws in our provision
of the Services and in our processing of Customer Content. You will comply with
all applicable laws in your use of the Services, including the collection and
compilation of any Personal Data collected or submitted to the Services.

No Waiver – No delay in exercising any right or remedy or failure to object will
be considered a waiver of such right or remedy, or of any other right or remedy.
A waiver on one occasion shall not be a waiver of any right or remedy on any
future occasion.

Severability – If any part of these Terms of Use or of an Order Form is
determined to be invalid or unenforceable by applicable law, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of these Terms of Use will continue in effect.

Notices – Notice to Tayon will be sent to the contact address set forth herein
and will be deemed delivered as of the date the notice is actually received. We
will send you notices at the address you have provided in your Tayon
subscription account information. We may give electronic notices by general
notice via the Services or may give electronic notices specific to you by email
to your email address(es) on record in our account information for you. You must
keep all of your account information current.

Entire Agreement – These Terms of Use (together with any Order Forms and
Activation Links) constitute the entire agreement between us regarding our
Services and supersedes and replaces any prior agreements we might have had
between us regarding the Services.

Assignment – Neither party may assign any of its rights or obligations
hereunder, whether by operation of law or otherwise, without the other party’s
prior written consent (not to be unreasonably withheld); provided, however,
either party may assign these Terms of Use (including all Order Forms and
Activation Links), upon providing written notice to the other party, but without
the other party’s consent, to an affiliate or in connection with a merger,
acquisition, corporate reorganization, or sale of all or substantially all of
its stock or assets.

No Third-Party Beneficiaries – No person or entity not a party to the Agreement
will be a third-party beneficiary.

Authority – Each party represents and warrants that (a) it has full corporate
power and authority, and has obtained all corporate approvals, permissions, and
consents necessary, to enter into these Terms of Use and to perform its
obligations hereunder; (b) these Terms of Use are legally binding upon it and
enforceable in accordance with its terms; and (c) the execution, delivery and
performance of these Terms of Use do not and will not conflict with any
agreement, instrument, judgment or understanding, oral or written, to which it
is a party or by which it may be bound.

Precedence – In the event of a conflict of terms between these Terms of Use and
any Order Form, the Order Form will control.

Governing law – These Terms of Use shall be governed and construed in accordance
with the laws of the Estate of Florida, United States, without regard to its
conflict of law provisions.

Changes – We reserve the right, at our sole discretion, to modify or replace
these Terms of Use at any time. If a revision is material, we will provide at
least 30 days notice prior to any new terms taking effect. What constitutes a
material change will be determined at our sole discretion. By continuing to
access or use our Services after any revisions become effective, you agree to be
bound by the revised Terms of Use. If you do not agree to the new Terms of Use,
you are no longer authorized to use the Services.


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