Terms of Service

1. Agreement to Terms

By accessing or using yawn.ai ("Service"), operated by The Yawn Company, a Delaware corporation ("Company," "we," "our," "us"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access or use the Service. Your use of the Service constitutes acceptance of these Terms and our Privacy Policy, which is incorporated by reference.

2. Description of Service

yawn.ai provides an AI-powered autonomous operating system for businesses, including but not limited to:

• Autonomous business process automation using AI agents
• AI-powered agent management and orchestration (using Anthropic Claude and OpenAI)
• Browser automation and web interaction recording
• Holon-based organizational structure and intention decomposition
• Business intelligence, analytics, and planning
• Workflow automation and optimization
• Integration with third-party services (GitHub, Google Drive, Stripe)
• Natural language conversation interfaces
• Autonomous decision-making systems

3. AI Services and Limitations

AI-Generated Content

Our Service uses artificial intelligence from Anthropic (Claude) and OpenAI (GPT-4) to provide autonomous operations and intelligent automation. You acknowledge and agree that:

• No Guarantee of Accuracy: AI-generated content, recommendations, and decisions may contain errors, inaccuracies, or "hallucinations" (false or nonsensical information)
• Human Oversight Required: You are solely responsible for reviewing, verifying, and approving all AI-generated outputs before relying on them for business decisions
• No Business Outcome Guarantees: Autonomous operations do not guarantee specific business results, revenue, cost savings, or performance improvements
• Unpredictable Behavior: Autonomous AI agents may make unexpected decisions or take actions that differ from intended outcomes
• Third-Party AI Terms: Use of AI features is also governed by Anthropic's Terms and OpenAI's Terms

AI Training and Your Data

We have opted out of AI training with our providers. Your content, data, and conversations are not used to train or improve third-party AI models. However, data is temporarily processed by AI services to provide our features, subject to their respective privacy policies.

4. Browser Automation and Web Interaction

Your Responsibilities

Our browser agent feature enables automated web interactions. By using this feature, you agree to:

• Comply with Third-Party Terms: Respect the terms of service, robots.txt files, and acceptable use policies of all websites you automate
• No Unauthorized Access: Not use browser automation for credential stuffing, scraping protected content, bypassing paywalls, or accessing systems without authorization
• Rate Limiting: Implement reasonable rate limits and respect website performance
• Consent for Recording: You warrant that you have the legal right to record, screenshot, and capture data from websites you interact with
• Intellectual Property: Respect copyright, trademarks, and intellectual property of content accessed through automation
• No Security Bypassing: Not use automation to bypass security measures, CAPTCHAs (without proper authorization), or access controls

Prohibited Automation Activities

You may not use browser automation to:

• Scrape or copy content from websites that prohibit automated access
• Create fake accounts or impersonate others
• Conduct competitive intelligence gathering that violates terms of service
• Automate interactions with websites that explicitly prohibit automation
• Engage in click fraud, view manipulation, or similar deceptive practices
• Access or collect personal information without proper authorization

Liability for Automation

You are solely liable for your use of browser automation features. We are not responsible for your automated interactions with third-party websites, any violations of third-party terms of service, or legal consequences arising from your automation activities.

5. User Accounts

Account Creation

To access the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Be at least 13 years of age (or legal age in your jurisdiction)
• Not create accounts using false identities or impersonate others
• Not create multiple accounts to circumvent restrictions

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breach
• Using strong passwords and enabling available security features

Account Termination

We reserve the right to suspend or terminate your account immediately, without notice, for:

• Violation of these Terms or our Acceptable Use Policy
• Non-payment of fees (after 7-day grace period)
• Fraudulent, illegal, or abusive behavior
• Security threats or harmful activities
• Prolonged inactivity (with advance notice)

You may delete your account at any time through the settings page. Upon termination, your data will be retained for 30 days, then permanently deleted (except as required for legal compliance).

6. Acceptable Use Policy

You agree not to use the Service to:

• Violate any local, state, national, or international law or regulation
• Infringe on intellectual property rights of others
• Transmit harmful, threatening, abusive, harassing, defamatory, or hateful content
• Distribute malware, viruses, trojans, or other malicious code
• Attempt unauthorized access to systems, networks, or data (hacking, penetration testing)
• Interfere with or disrupt the Service, servers, or networks
• Conduct automated attacks, DDoS, or excessive requests (beyond rate limits)
• Impersonate any person or entity or misrepresent affiliations
• Collect or harvest personal information without consent
• Send spam, unsolicited commercial communications, or phishing attempts
• Engage in fraudulent activities or financial crimes
• Bypass security measures, authentication, or access controls
• Reverse engineer, decompile, or attempt to extract source code
• Use the Service for competitive intelligence or to build competing products
• Resell or redistribute the Service without authorization

7. Intellectual Property Rights

Our Intellectual Property

The Service, including its original content, features, functionality, source code, design, and branding, is owned by The Yawn Company and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not:

• Copy, modify, or create derivative works of the Service
• Distribute, sell, lease, or sublicense the Service
• Remove or alter copyright notices, trademarks, or proprietary markings
• Use our trademarks, logos, or branding without written permission

Your Content

You retain all ownership rights to content you submit, post, or upload to the Service ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to:

• Use, copy, reproduce, and store Your Content to provide the Service
• Process Your Content through AI services (Anthropic, OpenAI) for features you use
• Display Your Content within your account, company workspace, and to authorized team members
• Create backups and ensure data redundancy
• Analyze usage patterns in aggregate (anonymized)

You represent and warrant that:

• You own or have necessary rights to Your Content
• Your Content does not violate third-party rights or laws
• Your Content does not contain malware or harmful code
• You have obtained necessary consents for any personal data in Your Content

AI-Generated Content

Content generated by AI services in response to your prompts ("AI-Generated Content") is owned by you, subject to the terms of service of the AI providers (Anthropic, OpenAI). We claim no ownership rights to AI-Generated Content, but you acknowledge that similar or identical content may be generated for other users with similar prompts.

Feedback

Any feedback, suggestions, ideas, or improvements you provide about the Service ("Feedback") become our property. We may use Feedback for any purpose without obligation or compensation to you.

8. Payment Terms and Subscriptions

Pricing Tiers

We offer the following pricing tiers:

• First Step: $500 one-time payment for autonomy analysis, planning, and training
• Transition: $2,500/month subscription for ongoing autonomous operations
• Fully Autonomous: Custom pricing (contact sales)

Payment Processing

Payments are processed through Stripe, a PCI DSS compliant payment processor. You agree to:

• Provide valid payment method information
• Pay all fees when due
• Pay any applicable taxes (sales tax, VAT)
• Update payment information to avoid service interruption

Subscriptions and Billing

For subscription services:

• Billing Cycle: You will be billed monthly or annually as selected
• Auto-Renewal: Subscriptions automatically renew unless cancelled
• Price Changes: We may change pricing with 30 days advance notice
• Failed Payments: Service may be suspended after 7-day grace period
• Currency: All prices are in USD unless otherwise stated

Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. No refunds will be provided for partial billing periods, except as required by law or at our sole discretion. One-time payments (First Step tier) are non-refundable after service delivery begins.

9. Disclaimers and Warranties

Specific AI Disclaimers

• AI Hallucinations: AI may generate false, misleading, or nonsensical information
• Bias: AI models may exhibit biases from training data
• Context Limitations: AI may misunderstand context or intent
• No Professional Advice: AI outputs do not constitute legal, financial, medical, or professional advice
• Autonomous Risks: Autonomous agents may make unexpected or suboptimal decisions

Third-Party Services

We are not responsible for the availability, accuracy, or performance of third-party services (Stripe, GitHub, Google Drive, Anthropic, OpenAI, Supabase, Railway) or any damages arising from their use or unavailability.

10. Limitation of Liability

Specific Limitations

We are not liable for:

• AI Errors: Incorrect, incomplete, or harmful AI-generated outputs or decisions
• Browser Automation: Your automated interactions with third-party websites or violations of their terms
• Data Loss: Loss, corruption, or unauthorized access to data despite our security measures
• Business Decisions: Losses resulting from business decisions based on AI recommendations
• Third-Party Claims: Claims arising from your use of integrated third-party services
• Security Breaches: Unauthorized access resulting from your account security practices
• Autonomous Actions: Unexpected outcomes from autonomous agent decisions

Liability Cap

Our total aggregate liability to you for all claims arising from your use of the Service is limited to the greater of (a) $100 USD or (b) the amount you paid us in the 12 months preceding the event giving rise to liability.

11. Indemnification

You agree to indemnify, defend, and hold harmless The Yawn Company, its officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms or our Acceptable Use Policy
• Your violation of any law, regulation, or third-party rights
• Your Content or AI-Generated Content
• Your browser automation activities and interactions with third-party websites
• Your violation of third-party website terms of service through automation
• Business decisions or actions based on AI-generated recommendations
• Claims of intellectual property infringement arising from your use of the Service
• Unauthorized access to your account due to your security practices
• Harm caused to third parties by your autonomous agents or automated processes

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense. You will cooperate with our defense of such claims.

12. Dispute Resolution and Governing Law

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Informal Resolution

Before filing a formal dispute, you agree to contact us at legal@yawn.ai and attempt to resolve the dispute informally for at least 30 days.

Arbitration

For disputes involving claims under $25,000, you agree to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in Delaware (or remotely by video conference). Each party bears its own costs, except as otherwise required by law.

Jurisdiction and Venue

For disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware.

Class Action Waiver

YOU AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

13. Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, transportation issues, fuel crises, internet service provider failures, AI provider outages (Anthropic, OpenAI), cloud infrastructure issues (Supabase, Vercel, Railway), or government restrictions.

14. Modifications to Service and Terms

Service Changes

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

Terms Changes

We may revise these Terms at any time. Material changes will be notified via email to active users at least 30 days before the effective date. Continued use of the Service after changes take effect constitutes acceptance of the new Terms. If you disagree with changes, you must discontinue using the Service and close your account.

15. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Yawn Company regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and 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. Any waiver must be in writing and signed by us.

Assignment

You may not assign or transfer these Terms or your rights and obligations without our prior written consent. We may assign these Terms without restriction.

Survival

Provisions that by their nature should survive termination will survive, including: intellectual property rights, disclaimers, limitations of liability, indemnification, dispute resolution, and general provisions.

16. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us: