Terms of Service

Service Availability

We strive to maintain 99.9% uptime for our services, but we do not guarantee uninterrupted availability. Scheduled maintenance and updates may temporarily affect service availability.

• Services may be temporarily unavailable for maintenance or updates
• We will provide advance notice for scheduled maintenance when possible
• Emergency maintenance may be performed without prior notice
• Service level agreements (SLAs) apply to enterprise customers as specified in their contracts

Account Registration and Security

To access our services, you must create an account and provide accurate, complete information. You are responsible for maintaining the security of your account credentials.

• You must be at least 18 years old to create an account
• One person or entity may maintain only one account
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• We recommend using strong passwords and enabling two-factor authentication

Acceptable Use Policy

You agree to use our services only for lawful purposes and in accordance with these terms. Prohibited activities include but are not limited to:

• Violating any applicable laws or regulations
• Infringing on intellectual property rights of others
• Uploading malicious content or attempting to compromise our systems
• Using our services to generate harmful, discriminatory, or illegal content
• Attempting to reverse engineer or exploit our AI models
• Sharing account credentials or attempting to access other users' accounts

Refund Procedures

• 30-Day Money-Back Guarantee: Full refund available within 30 days of initial purchase
• Service Issues: Pro-rated refunds for significant service disruptions or outages
• Billing Errors: Immediate refunds for any billing mistakes or unauthorized charges
• Enterprise Customers: Custom refund terms as specified in enterprise agreements
• Refund requests must be submitted through our support system at contact@ocmxai.com

Refund Eligibility

• Refunds are not available for services already consumed or used
• No refunds for violations of our Terms of Service or Usage Policies
• Enterprise customers may have different refund terms per their contracts
• Refunds are processed within 5-10 business days to the original payment method

Cancellation Procedures

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of your current billing period
• You retain access to paid features until the end of your billing period
• We recommend exporting your data before cancellation
• Contact support for assistance with data export before cancellation

Uptime Commitments

• Standard Service: 99.5% uptime commitment for all users
• Enterprise Service: 99.9% uptime commitment with dedicated support
• Critical Systems: 99.99% uptime for core AI processing infrastructure
• Uptime is measured monthly and excludes scheduled maintenance windows

Response Time Commitments

• General Support: Response within 24 hours for standard inquiries
• Technical Issues: Response within 4 hours for critical technical problems
• Enterprise Support: Response within 2 hours with dedicated support channels
• Security Issues: Response within 1 hour for security-related concerns

Compensation for Downtime

• Enterprise Customers: Service credits for downtime exceeding SLA commitments
• Standard Customers: Pro-rated refunds for significant outages
• Compensation is calculated based on actual downtime duration
• Maximum compensation is limited to the monthly service fee

Enterprise Customer Definition

• Customers with annual contracts exceeding £10,000
• Customers requiring dedicated support and custom integrations
• Government and regulated industry customers
• Customers with specific compliance or security requirements
• Enterprise terms are negotiated individually and documented in separate agreements

Data and Content Responsibility

• You retain ownership of all content and data you provide to our services
• You grant us necessary rights to process your data to provide our services
• You are responsible for ensuring you have rights to any data you upload
• You must not upload confidential information belonging to third parties without authorization
• You are responsible for backing up your important data

Compliance with Laws

• You must comply with all applicable local, national, and international laws
• You are responsible for determining if our services are appropriate for your use case
• For regulated industries, you must ensure compliance with relevant regulations
• Export control laws may restrict the use of our services in certain jurisdictions

Our Intellectual Property

• We retain all rights to our AI models, algorithms, and proprietary technology
• Our trademarks, logos, and brand elements are protected intellectual property
• The software and user interfaces are licensed, not sold, to you
• You may not copy, modify, or create derivative works of our proprietary technology

Your Intellectual Property

• You retain ownership of your original content and data
• Outputs generated by our AI may not be subject to copyright protection
• You are responsible for respecting third-party intellectual property rights
• We do not claim ownership of content you create using our services

Limitation of Damages

In no event shall our total liability exceed the amount paid by you for our services in the 12 months preceding the event giving rise to the claim.

• We are not liable for lost profits, data, or business opportunities
• Our liability is limited regardless of the form of action or legal theory
• These limitations apply even if we have been advised of the possibility of such damages
• Some jurisdictions may not allow certain limitations, so these may not apply to you

Informal Resolution

Before initiating formal proceedings, you agree to attempt to resolve any dispute through direct communication with our support team.

• Contact our support team at contact@ocmxai.com
• Provide a detailed description of the dispute
• Allow us 30 days to investigate and respond to your concern
• Participate in good faith negotiations to resolve the matter

Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration rather than court proceedings.

• Arbitration will be conducted under the rules of the American Arbitration Association
• The arbitration will take place in California, United States
• The arbitration will be conducted in English
• The arbitrator's decision will be final and binding
• Each party will bear their own costs and attorney fees

Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions or representative proceedings against Open Code Mission.

Termination by You

• You may terminate your account at any time through your account settings
• Termination does not relieve you of payment obligations for services already provided
• Upon termination, your access to paid features will cease immediately
• You may export your data before termination, subject to technical limitations

Termination by Us

• We may suspend or terminate accounts that violate these terms
• We may terminate services with 30 days' notice for business reasons
• Immediate termination may occur for serious violations or legal requirements
• We will provide reasonable assistance in data export when legally permissible

Your Indemnification Obligations

You agree to indemnify and hold harmless Open Code Mission from any claims arising from:

• Your violation of these Terms of Service or Usage Policies
• Your use of our services in violation of applicable laws
• Your infringement of third-party intellectual property rights
• Your content or data that violates any laws or regulations
• Your unauthorized access to or use of our services

Our Indemnification Obligations

We agree to indemnify and hold you harmless from any claims arising from:

• Our violation of applicable privacy laws or data protection regulations
• Our infringement of third-party intellectual property rights in our core technology
• Our gross negligence or willful misconduct in providing services
• Our violation of applicable laws in the provision of our services

Indemnification Procedures

• The indemnified party must provide prompt written notice of any claim
• The indemnifying party has the right to control the defense and settlement
• The indemnified party must cooperate with the defense
• Neither party may settle claims without the other's written consent