Terms of Service

Welcome to Cayenne Smart Solutions. These Terms and Conditions ("Terms") govern your access to and use of our website, software, and AI-powered automation services (collectively, the "Services"). This is a binding legal agreement between you or the entity you represent ("you") and Cayenne Smart Solutions ("we," "us," or "our").

By creating an account, making a purchase, or using our Services, you agree to be bound by these Terms, our Privacy Policy, and our Data Processing Addendum. If you do not agree to these Terms, you may not use our Services.

1. The Services

Cayenne Smart Solutions provides a software-as-a-service (SaaS) platform that offers AI-driven tools for business automation, customer communication, and workflow management. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services in accordance with your subscription plan.

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

2. Account Registration and Security

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

•Provide accurate, current, and complete information during the registration process.

•Maintain and promptly update your account information.

•Keep your password secure and confidential.

•Accept full responsibility for all activities that occur under your account.

You must notify us immediately of any unauthorized use of your account or any other breach of security.

3. Subscriptions, Fees, and Payment

Subscription Plans

The Services are offered through various subscription plans, which are detailed on our pricing page. Your subscription will automatically renew at the end of each billing cycle (e.g., monthly or annually) unless you cancel it.

Payment

You agree to pay all applicable fees for your chosen subscription plan. We use a third-party payment processor (e.g., Stripe) to handle all payments. By providing your payment information, you authorize us and our payment processor to charge the applicable fees to your payment method.

Fee Changes

We reserve the right to change our subscription fees at any time. We will provide you with at least 30 days' notice of any fee changes. Your continued use of the Services after the fee change constitutes your agreement to pay the modified fee amount.

Free Trials

We may offer a free trial for a limited period. If you do not cancel before the end of the trial period, you will be automatically billed for the subscription plan you selected. Specific terms of the free trial will be provided at the time of signup.

4. Cancellation and Termination

Cancellation by You

You may cancel your subscription at any time through your account settings. The cancellation will take effect at the end of your current billing period. Please refer to our Refund and Cancellation Policy for details on refunds.

Termination by Us

We may suspend or terminate your access to the Services at our sole discretion, without prior notice, for any reason, including, but not limited to:

•A breach of these Terms.

•A request by law enforcement or other government agencies.

•Non-payment of fees.

•Unexpected technical or security issues.

5. Acceptable Use Policy

You agree not to use the Services to:

•Violate any local, state, national, or international law.

•Transmit any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable.

•Infringe upon the intellectual property rights of others.

•Send unsolicited or unauthorized advertising, promotional materials, or spam.

•Distribute viruses, worms, or any other malicious software.

•Attempt to reverse-engineer, decompile, or otherwise discover the source code of our Services.

6. User Content and Data

"User Content" refers to any data, text, images, or other materials that you upload, create, or process within our Services. You retain all ownership rights to your User Content.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display your User Content solely for the purpose of providing and improving the Services. Our use of any Personal Information within your User Content is governed by our Data Processing Addendum (DPA).

You are solely responsible for the accuracy, legality, and appropriateness of your User Content.

7. Intellectual Property

Excluding User Content, all aspects of the Services, including the website, software, text, graphics, logos, and other materials, are the exclusive property of Cayenne Smart Solutions and are protected by copyright, trademark, and other intellectual property laws. You may not use our trademarks or trade dress without our prior written permission.

8. Third-Party Services

The Services may integrate with or contain links to third-party websites or services (e.g., payment processors, API integrations). We are not responsible for the content, policies, or practices of any third-party services. Your use of third-party services is at your own risk and is subject to the terms and conditions of that third party.

9. Disclaimers and Limitation of Liability

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CAYENNE SMART SOLUTIONS, ITS AFFILIATES, OR THEIR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) $100 USD.

10. Indemnification

You agree to defend, indemnify, and hold harmless Cayenne Smart Solutions and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

11. Dispute Resolution

These Terms shall be governed by the laws of Louisiana/United States, without regard to its conflict of law principles.

Any dispute arising from these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration will take place in Lafayette, Louisiana. You agree to waive your right to a jury trial and to participate in a class action lawsuit.

12. General Provisions

•Entire Agreement: These Terms, along with our Privacy Policy and DPA, constitute the entire agreement between you and Cayenne Smart Solutions.

•Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

•Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

•Notices: We may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

13. Contact Us

If you have any questions about these Terms, please contact us at:

•Email: [email protected]

•Mail: Cayenne Smart Solutions, ATTN: Legal Department, 500 Breaux Road