Terms of Service.

These Terms of Service (the "Terms") are a binding agreement between you (either individually or on behalf of the business you represent, "Customer", "you") and Mikla, Inc., a Delaware corporation ("Mikla", "we"). By signing up for, accessing, or using Mikla, you accept these Terms. If you don't agree, don't use the service.

If you are signing up on behalf of an organization, you represent that you have authority to bind that organization.

• You must be at least 18 and capable of forming a binding contract.
• You're responsible for everything that happens under your account. Keep credentials safe and notify us immediately of any unauthorized use.
• You may grant access to team members ("Users") subject to these Terms and any additional admin controls you configure.

Mikla provides an AI-assisted inbox and phone assistant for hospitality businesses (the "Service"). We may change, improve, or deprecate features over time; material negative changes to Business+ plans will be announced at least 60 days in advance.

The Service depends on third parties (Stripe, Twilio, Google, Microsoft, etc.). Their uptime and availability is outside our direct control, though we publish incidents affecting Mikla at status.mikla.ai.

You own your data. Specifically:

• Customer Content. Your inquiries, replies, uploaded brand documents, configurations, belongs to you. You grant Mikla a non-exclusive, worldwide license to host, process, and transmit it solely to operate the Service for you.
• Platform. The Mikla software, models, and documentation belong to Mikla. You receive a revocable, non-transferable license to use the Service subject to these Terms.
• Feedback. If you send us suggestions or feature requests, you grant Mikla a perpetual, royalty-free license to act on them. We're never obligated to ship anything.

Mikla uses large language models to generate replies and proposals. By nature, these outputs may occasionally be inaccurate, inappropriate, or unexpected.

• You are responsible for reviewing AI output before it is sent to a third party where your configuration allows editing.
• You may not represent AI output as being authored by a human if your jurisdiction requires disclosure; Mikla provides disclosure toggles in settings.
• As between you and Mikla, AI output generated in response to your inputs is considered Customer Content.

You won't (and won't help anyone else to):

Violations can result in suspension or termination without refund.

• Use Mikla to send spam, phishing, or illegal content.
• Reverse-engineer, scrape, or circumvent rate limits or tenant boundaries.
• Use Mikla to make automated calls that violate TCPA or local telephony laws.
• Upload malware, personal data you don't have the right to process, or content that infringes third-party rights.
• Resell or white-label the Service without a separate partner agreement.

Subscriptions are billed in advance on a monthly or annual basis. Fees are listed at mikla.ai/pricing; enterprise pricing is set in an order form.

• Taxes are added where applicable and are your responsibility.
• Auto-renewal: subscriptions renew unless you cancel before the start of the next billing cycle.
• Late payment: unpaid balances may incur 1.5% monthly interest (or the maximum allowed by law, whichever is less).
• Refunds: outside the 90-day guarantee (below), fees are non-refundable.

Every new subscription includes a full 90-day money-back guarantee. If Mikla doesn't save you time or book more in your first 90 days, email billing@mikla.ai and we'll refund in full. No hoops, no paperwork. Limited to one claim per customer.

These Terms apply as long as you use the Service.

• By you: cancel any time from account settings. Prepaid annual fees for the remaining period are non-refundable outside the 90-day guarantee.
• By us: we may suspend or terminate for material breach, non-payment, or abuse. We'll give written notice and a reasonable cure period where practical.
• Data export: on termination, you have 60 days to export Customer Content. After that, we delete it permanently.

We will provide the Service with reasonable care and skill and will maintain commercially reasonable security controls (detailed in our Privacy Policy).

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". MIKLA DISCLAIMS ALL IMPLIED WARRANTIES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits or lost data.
• Mikla's total aggregate liability is capped at the amounts paid by you to Mikla in the 12 months preceding the claim.
• Nothing here limits liability for gross negligence, willful misconduct, or any liability that cannot be limited under applicable law.

You will defend and indemnify Mikla against third-party claims arising from your Customer Content, your misuse of the Service, or your breach of these Terms. Mikla will defend and indemnify you against third-party claims that the Service, as provided by Mikla, infringes a U.S. patent, copyright, or trademark, subject to the liability cap above.

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules.

• Disputes will be resolved by binding arbitration administered by the American Arbitration Association in New York, NY, except that either party may bring claims in small-claims court or seek injunctive relief in court to protect intellectual property.
• No class actions; claims must be brought on an individual basis.
• If you reside in the EEA/UK, mandatory local consumer-protection rights continue to apply.

• Entire agreement: these Terms, together with any order form and the DPA, are the whole deal. They supersede prior discussions.
• Assignment: you may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger or acquisition.
• Changes: we may update these Terms. Material changes take effect 30 days after notice to account admins; continued use = acceptance.
• Severability: if any provision is unenforceable, the rest remains in effect.
• Notices: to Mikla, legal@mikla.ai. To you, the email address on your account.