Terms of Service

1. Acceptance of Terms

By creating an account or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Data Processing Addendum, Service Level Agreement, and AI Supplementary Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

MindPath BI provides a unified customer service platform that includes communication management (unified inbox), customer relationship tools (Client 360), AI-powered features (Copilot, suggested replies, summaries, classification, contact insights), workflow automation, and third-party integrations. We reserve the right to modify, suspend, or discontinue any feature at any time with reasonable notice.

3. User Accounts

• You must provide accurate and complete registration information.
• You are responsible for maintaining the security of your account credentials.
• You must notify us immediately of any unauthorized use of your account.
• You may not share your account or transfer it to another party without our consent.

4. Account Inactivity

If your account has no login activity for 12 consecutive months, we may send a notice to the email address on file. If you do not respond within 30 days of the notice, we may close the account and delete associated data in accordance with our data retention policies.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws.
• Attempt to gain unauthorized access to any part of the Service or its systems.
• Interfere with or disrupt the integrity or performance of the Service.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Use the Service to send spam, phishing messages, or unsolicited communications.
• Upload malicious code, viruses, or harmful content.
• Paste customer data, thread content, or confidential data into external AI tools outside the MindPath BI platform.
• Configure any tool to use company or customer data for AI model training.

6. AI Features

The Service includes AI-powered features governed by our AI Supplementary Terms, which are incorporated by reference. Key commitments:

• All AI-generated customer-facing content should be reviewed by a human before sending.
• We do not use customer data for AI model training.
• AI processing is performed by subprocessors disclosed on our Subprocessors page.
• AI outputs are assistive and not guaranteed to be accurate; you are responsible for verifying AI-generated content before acting on it.

7. Billing and Payment

• Fees for paid plans are due in accordance with the pricing and billing cycle selected at the time of subscription.
• All fees are non-refundable except as expressly stated in these Terms or required by applicable law.
• If payment is overdue, we may suspend access to the Service after providing at least 7 days’ written notice.
• You are responsible for all applicable taxes. Fees are exclusive of taxes unless stated otherwise.
• Chargebacks or payment disputes initiated without prior contact with us may result in immediate account suspension pending resolution.

8. Data Ownership

You retain all ownership rights to the data you submit through the Service (“Your Data”). You grant us a limited license to process Your Data solely to provide and improve the Service. We will not sell Your Data to third parties, use it for advertising purposes, or use it for AI model training. For full data processing terms, see our Data Processing Addendum.

9. Confidentiality

• “Confidential Information” means non-public information disclosed by one party to the other that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure.
• Each party agrees to protect the other’s Confidential Information with at least the same degree of care it uses to protect its own confidential information, and no less than reasonable care.
• Confidential Information excludes information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of the disclosing party’s Confidential Information; or (d) is lawfully obtained from a third party without restriction.

10. Third-Party Integrations

The Service connects to third-party platforms (e.g., Google, Microsoft, Meta). Your use of those integrations is also subject to the respective third-party terms of service. We are not responsible for the availability or conduct of third-party services.

11. Intellectual Property

The Service, including its design, code, features, and documentation, is the intellectual property of MindPath BI and is protected by applicable intellectual property laws. You may not copy, modify, or distribute any part of the Service without our written consent.

12. Limitation of Liability

• To the maximum extent permitted by law, neither party shall be liable to the other for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, regardless of the cause of action or theory of liability.
• Aggregate liability cap: Each party’s total aggregate liability under these Terms shall not exceed the greater of (a) the total fees paid by Customer to MindPath BI during the 12 months immediately preceding the event giving rise to the claim, or (b) $500 USD.
• This limitation does not apply to: (a) breaches of confidentiality obligations; (b) either party’s indemnification obligations; or (c) liability that cannot be limited by applicable law.

13. Indemnification

• By Customer: You agree to indemnify and hold MindPath BI harmless from any third-party claims, damages, and expenses (including reasonable legal fees) arising from: (a) your use of the Service in violation of these Terms; (b) your Customer Content; or (c) your violation of any applicable law or third-party right.
• By MindPath BI: We agree to indemnify and hold you harmless from any third-party claims that the Service, as provided by us, infringes a third party’s intellectual property rights, provided you give us prompt notice, sole control of the defense, and reasonable cooperation.

14. Disclaimer of Warranties

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

15. Termination

We may terminate or suspend your access to the Service at any time, with or without cause, upon notice. Upon termination:

• Your right to use the Service ceases immediately.
• Days 0–30: You may request export of Your Data during this migration window.
• Days 31–60: Your Data enters a staged deletion queue.
• Days 61–90: Final purge is completed. A deletion certificate may be issued upon request.

Full data lifecycle details are described in our Data Processing Addendum.

16. Dispute Resolution

• Good-faith negotiation: Before initiating formal proceedings, either party shall attempt to resolve the dispute through good-faith negotiation for a period of 30 days from written notice of the dispute.
• Arbitration: If negotiation fails, the dispute shall be resolved by binding arbitration administered by the Israeli Institute of Commercial Arbitration, seated in Tel Aviv, Israel, conducted in English. The arbitrator’s award is final and binding.
• Class action waiver: To the maximum extent permitted by law, all disputes must be brought in an individual capacity and not as a class action, collective action, or representative proceeding.
• Small claims: Either party may bring qualifying claims in small claims court in the applicable jurisdiction.
• Injunctive relief: Nothing in this section prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights or confidential information.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law provisions.

18. Incorporated Documents

The following documents are incorporated by reference and form part of this Agreement:

• Privacy Policy
• Data Processing Addendum
• Service Level Agreement
• AI Supplementary Terms
• Subprocessors

In the event of a conflict, the order of precedence is: (1) AI Supplementary Terms (for AI Features only), (2) Data Processing Addendum, (3) these Terms, (4) other incorporated documents.

19. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Service at least 30 days in advance. Your continued use after such changes constitutes acceptance of the updated Terms.

20. Contact

For questions about these Terms, contact us at josef@mindpathbi.com.