Terms of Use

1. Introduction and acceptance

These Terms of Use ("Terms") are a binding agreement between you and Myna Systems Inc ("Myna," "we," "us," or "our") governing your access to and use of our websites, applications, APIs, and related services (collectively, the "Services"). By creating an account, clicking to accept, or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

If you use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

2. Definitions

Account means the workspace you create to access the Services.
Customer Data means content, prompts, knowledge bases, conversation history, contact records, configuration, and other data you or your end users submit to or generate through the Services.
End Users means individuals who interact with your AI agents, inboxes, forms, or messaging channels.
Credits means the usage units consumed when the Services perform billable actions such as AI responses, channel delivery, or connected integrations, as described on our pricing page and in-product usage settings.
Agency Account means an account used to manage sub-accounts, white-label branding, rebilling, or other partner workflows enabled by Myna.

3. Eligibility and account registration

You must be at least 18 years old and able to form a binding contract to use the Services. You are responsible for maintaining accurate account information, safeguarding credentials, and all activity under your Account. Notify us promptly at admin@usemyna.com if you suspect unauthorized access.

We may refuse, suspend, or terminate Accounts that violate these Terms, applicable law, or carrier or platform policies.

4. The Myna platform and services

Myna provides software for building and operating AI-powered customer experience workflows, including omnichannel messaging, support ticket handling, knowledge retrieval, routing, analytics, and agency management tools. Features vary by plan and may change over time.

The Services may connect to third-party channels and systems such as SMS, email, web chat, social messaging, calendars, CRMs, and telephony providers. Your use of those integrations is subject to both these Terms and the applicable third-party terms.

Unless expressly permitted in writing or through an approved Agency Account, you may not resell, sublicense, or provide the Services to third parties as a standalone product.

5. Acceptable use

You agree not to, and not to allow others to:

use the Services for unlawful, deceptive, harassing, discriminatory, or abusive purposes;
send unsolicited or unauthorized commercial messages, spam, or messages without valid consent;
impersonate any person or entity or misrepresent your affiliation;
upload malware, attempt unauthorized access, probe or scan systems, or interfere with Service integrity;
reverse engineer, copy, or create derivative works of the Services except as permitted by law;
use the Services to generate or distribute content that violates intellectual property or privacy rights;
use the Services in regulated industries or for high-risk decisions without appropriate human oversight and compliance controls.

We may investigate suspected violations and remove content, throttle traffic, suspend channels, or terminate Accounts to protect users, carriers, and the public.

6. Messaging, telephony, and compliance

If you use SMS, MMS, voice, or other regulated communications features, you are solely responsible for compliance with applicable laws and industry rules, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, state privacy and telemarketing laws, carrier and A2P 10DLC registration requirements, and platform-specific messaging policies.

Your obligations

obtain and document all required consents before contacting End Users;
honor opt-out, STOP, and do-not-contact requests promptly and permanently for the applicable channel;
provide clear sender identification and required disclosures in your messages;
maintain accurate records of consent, message content, and suppression lists;
ensure contact lists are lawfully sourced and not purchased, scraped, or re-used without permission;
complete carrier, campaign, and brand registration where required before sending at scale.

Myna provides tools to help manage consent, routing, and delivery, but does not provide legal advice and does not guarantee deliverability, approval, or regulatory compliance on your behalf. You indemnify Myna for claims arising from your messaging practices or failure to obtain valid consent.

7. Agency, partners, and white-label use

If you operate an Agency Account or participate in a partner program, additional terms shown in-product or in a separate agreement may apply. Unless otherwise agreed in writing:

you remain responsible for your clients' compliance with these Terms and applicable law;
you must not misrepresent Myna's role, pricing, security practices, or support obligations;
rebilling, markup, and invoicing to your clients are your responsibility;
white-label branding must not remove required legal notices, opt-out mechanisms, or carrier disclosures;
we may audit Agency Accounts for abuse, unpaid usage, or policy violations and suspend sub-accounts as needed.

Agency rights do not transfer ownership of the Services or grant a license beyond what these Terms and your plan expressly allow.

8. Artificial intelligence and automated communications

The Services use automated systems, including large language models and workflow logic, to generate responses, classify conversations, route tickets, and perform other tasks. AI output may be inaccurate, incomplete, or inappropriate. You are responsible for reviewing AI behavior in your workflows, configuring guardrails, and deciding when human review or escalation is required.

You must not represent AI-generated content as human-authored where disclosure is required by law or platform policy. You remain responsible for communications sent through your Account, including those drafted or sent by AI agents configured by you.

Unless you opt in to a separate program described in-product, we do not use your Customer Data to train foundation models for general public use. We may use aggregated or de-identified data to improve reliability, safety, and product performance as described in our Privacy Policy.

9. Subscription plans, credits, and billing

Paid plans, credit allotments, overage pricing, and feature limits are described on our pricing page and in your Account settings. By subscribing, you authorize us and our payment processor to charge applicable fees, taxes, and usage-based amounts on a recurring basis until you cancel.

Starter credits: the Starter plan includes a one-time credit grant at signup, as shown at purchase.
Monthly refresh: paid plans may include recurring monthly credits that reset each billing cycle unless otherwise stated.
Auto-recharge: on paid plans, you may enable automatic credit top-ups when balance falls below a threshold you set.
Taxes: fees are exclusive of taxes unless stated otherwise; you are responsible for applicable taxes.
Non-payment: we may suspend access for failed or overdue payments after reasonable notice.

Except where required by law or stated in Section 10, fees are non-refundable once a billing period begins or credits are consumed.

10. Trial periods and refunds

We may offer free trials, promotional credits, or beta access at our discretion. Trial terms, including duration and eligible features, are shown at signup or in-product. When a trial ends, continued use may require a paid subscription and may trigger billing according to the plan you select.

Except where required by applicable law or expressly stated below, all fees are non-refundable once charged.

Subscriptions and credits

Monthly and annual subscriptions: subscription fees cover access and included plan benefits for the billing period in which they are charged. We do not provide prorated refunds for partial periods, downgrades mid-cycle, or unused included credits that expire at renewal.
Credit top-ups and auto-recharge: purchased credits and automatic top-ups are consumed when billable actions occur in your Account. Credits that have been issued to your balance are generally not refundable once available for use.
Taxes and payment processor fees: where a refund is approved, taxes will be refunded to the extent we are permitted to do so; third-party payment fees may be non-refundable.

Trials and promotions

Free trials, promotional credits, and beta access are provided at our discretion and have no cash value. If you convert to a paid plan or purchase credits after a trial, standard billing and refund rules apply from the date of charge.

Refund exceptions

We may issue a refund or credit at our sole discretion, or where required by law, in situations such as:

duplicate charges or verified billing errors;
extended Service outages caused by Myna that materially prevent use of paid features;
charges occurring after you properly canceled before the next renewal date;
mandatory cooling-off or consumer rights under applicable local law.

Agency or partner rebilling arrangements are between you and your client. Myna refunds, if any, are issued only to the Account holder that was charged by Myna.

How to request a refund

Submit refund requests within thirty (30) days of the charge by emailing admin@usemyna.com with your Account email, invoice or transaction ID, charge date, and reason for the request. We will review and respond within a reasonable time. Approved refunds are processed to the original payment method where possible.

11. User content and license

You retain ownership of Customer Data. You grant Myna a worldwide, non-exclusive license to host, process, transmit, display, and otherwise use Customer Data solely to provide, secure, maintain, and improve the Services, comply with law, and enforce these Terms.

You represent that you have all rights necessary to submit Customer Data and that its use through the Services will not violate law or third-party rights.

12. Intellectual property

Myna and its licensors own the Services, software, documentation, branding, and all related intellectual property. No rights are granted except as expressly stated in these Terms. Feedback you provide may be used by Myna without restriction or compensation.

13. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

You are responsible for providing any required notices and obtaining any required consents from End Users whose personal data you submit to the Services.

14. Data processing agreement

When you use the Services to process End User or contact data, this Data Processing Agreement ("DPA") applies. Capitalized terms not defined here have the meanings in the Terms.

Roles and scope

You are the controller (or processor acting on behalf of a controller) of Customer Data containing personal data. Myna processes that data as a processor solely to provide the Services in accordance with your documented instructions, these Terms, and this DPA. Myna remains an independent controller for account, billing, security, and product analytics data relating to your personnel and administrators.

Processing instructions

You instruct Myna to process personal data to:

host, store, and transmit Customer Data through configured channels and integrations;
generate, classify, route, and deliver AI-assisted communications and support workflows;
provide analytics, logs, exports, and account administration features you enable;
maintain security, prevent abuse, and comply with applicable law.

You are responsible for the lawfulness of processing instructions and for providing required notices and consents to data subjects.

Security measures

Myna implements appropriate technical and organizational measures designed to protect personal data, including access controls, encryption in transit, logging, vulnerability management, and personnel confidentiality obligations. Details may be provided upon request for enterprise security reviews.

Subprocessors

You authorize Myna to engage subprocessors to support the Services. Current categories and representative vendors are listed in our Privacy Policy. Myna remains responsible for subprocessors' performance of data protection obligations under contract. We will provide notice of material subprocessor changes where required and allow reasonable objection mechanisms for enterprise customers with signed agreements.

International transfers

Personal data may be processed in the United States and other countries where Myna or subprocessors operate. Where required, Myna uses appropriate transfer mechanisms such as Standard Contractual Clauses and supplementary measures.

Data subject requests

Taking into account the nature of processing, Myna will provide reasonable assistance to help you respond to data subject requests under applicable privacy law, where you cannot fulfill the request using in-product tools.

Security incidents

Myna will notify you without undue delay after becoming aware of a personal data breach affecting Customer Data processed on your behalf, and will provide information reasonably required for you to meet your legal obligations, to the extent known at the time.

Return and deletion

Upon termination of the Services, you may export Customer Data using available Account tools for a limited period. Thereafter, Myna will delete or anonymize Customer Data within the timeframes described in our Privacy Policy, except where retention is required by law or permitted backups are securely isolated and deleted on schedule.

Audits and signed exhibits

Upon reasonable written request, Myna will make available information necessary to demonstrate compliance with this DPA, such as summaries of third-party audit reports or security documentation, subject to confidentiality obligations. Customers requiring a countersigned DPA exhibit, SCC module selection, or custom security schedules may contact admin@usemyna.com.

15. Third-party services and integrations

The Services may interoperate with third-party products and communication networks. Myna does not control and is not responsible for third-party services, their availability, pricing, security, or policies. Your use of third-party services is at your own risk and may require separate accounts or fees.

16. Availability, support, and beta features

We strive for reliable operation but do not guarantee uninterrupted or error-free Service. Maintenance, outages, carrier blocks, and third-party failures may affect delivery or access. Support channels and response targets may vary by plan.

Beta, preview, or experimental features may be changed or discontinued at any time and are provided "as is" without service-level commitments unless expressly agreed in writing.

17. Termination and data export

You may cancel your subscription through Account settings or by contacting us. We may suspend or terminate access for material breach, legal requirement, risk to the Services, or non-payment.

Upon termination, your right to access the Services ends. We will make reasonable self-service export tools available for a limited period where technically feasible, after which we may delete Customer Data according to our retention practices in the Privacy Policy, except where retention is required by law.

18. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYNA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR USE CASE.

19. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYNA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. MYNA'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID MYNA IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.

20. Indemnification

You will defend, indemnify, and hold harmless Myna and its officers, directors, employees, and agents from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your Customer Data, your use of the Services, your messaging or telemarketing practices, your breach of these Terms, or your violation of law or third-party rights.

21. Dispute resolution and governing law

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules. Except where prohibited, you and Myna agree to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware.

Before filing a claim, you agree to contact us at admin@usemyna.com and attempt to resolve the dispute informally for at least thirty (30) days.

22. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by email, in-product notice, or by posting an updated version on our website. Continued use after the effective date constitutes acceptance of the revised Terms.

23. Contact us

Questions about these Terms may be sent to:

Myna Systems Inc
131 Continental Drive, Suite 305
Newark, DE 19713
Email: admin@usemyna.com
Phone: +1 (833) 400-MYNA