Terms of Service

For the purposes of these Terms:

• "Service" refers to Adam by Tyms, our AI-powered accounting platform, including all features, tools, and services provided through our website and applications
• "User," "you," and "your" refer to individuals or entities accessing or using the Service
• "Company," "we," "us," and "our" refer to Tyms Inc. and its affiliates
• "Content" refers to all information, data, text, software, graphics, and materials available through the Service
• "User Content" refers to any content uploaded, submitted, or transmitted by users through the Service
• "Subscription" refers to the paid access to premium features of the Service
• "API" refers to the Application Programming Interface provided by the Service
• "Account" refers to the user account created to access and use the Service
• "Confidential Information" refers to any non-public information disclosed by either party
• "Intellectual Property" refers to all patents, copyrights, trademarks, trade secrets, and other proprietary rights

To use Adam by Tyms, you must create an account and agree to the following terms:

Eligibility: You must be at least 18 years old or have legal guardian consent to use the Service. By creating an account, you represent and warrant that you meet these requirements.

Account Registration: You must provide accurate, current, and complete information during the registration process. You are responsible for maintaining the accuracy of your account information and updating it as necessary.

Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other security breach.

Account Restrictions: You may not create multiple accounts for the same individual or entity, transfer or sell your account to another party, or use another person's account without their permission.

Account Termination: We reserve the right to suspend or terminate your account if you violate these Terms or if we determine, in our sole discretion, that your use of the Service poses a risk to us or other users.

When using Adam by Tyms, you agree to:

Compliance with Laws: Use the Service in compliance with all applicable laws, regulations, and industry standards. This includes, but is not limited to, data protection laws, financial regulations, and intellectual property laws.

Prohibited Activities: You may not:

• Attempt to reverse engineer, decompile, or disassemble the Service
• Use the Service for any illegal purposes or in violation of any laws
• Interfere with the proper working of the Service or disrupt our servers
• Use the Service to transmit malicious code or viruses
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems or software to extract data from the Service
• Use the Service to harass, abuse, or harm others
• Use the Service to send unsolicited communications
• Use the Service to collect or harvest personal information
• Use the Service in a way that could damage, disable, overburden, or impair the Service

Service Modifications: We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

The Service and its original content, features, and functionality are owned by Tyms Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. This includes:

• All software, code, and algorithms used in the Service
• All trademarks, service marks, and logos
• All documentation, manuals, and guides
• All user interfaces and designs
• All AI models and training data
• All API specifications and documentation
• All proprietary methodologies and processes
• All improvements, modifications, and derivative works

License Grant: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or business purposes.

Restrictions: You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of the Service, unless laws prohibit these restrictions or you have our written permission.

By uploading content to Adam by Tyms, you:

Ownership and Rights: You retain all ownership rights to your content. However, by uploading content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, modify, and display your content for the purpose of providing and improving the Service.

Representations and Warranties: You represent and warrant that:

• You have the right to share such content
• Your content does not infringe on any third-party rights
• Your content complies with all applicable laws and regulations
• Your content does not contain any viruses or malicious code
• Your content is accurate and not misleading

Content Usage: We may use your content to:

• Provide and improve the Service
• Generate aggregated and anonymized data
• Comply with legal obligations
• Protect our rights and the rights of others

Subscription Plans: We offer two subscription tiers: Freemium and Premium. The Freemium plan includes 20 credits monthly at no cost, while the Premium plan includes 150 credits monthly for $36. Additional credits can be purchased at $0.40 per credit.

Credit System: Different actions consume different amounts of credits: 1 PDF page/image = 1 credit, 1 message = 0.5 credit, 1 transaction = 0.25 credit. Credits expire after 30 days from the date of purchase or allocation and cannot be transferred or withdrawn.

Team Access: The Freemium plan includes access for 1 team member, while the Premium plan includes unlimited team member access. Each team member gets their own login and can collaborate on the same account.

Billing: Payment and usage are per business or organization. Each organization has its own credit pool and billing cycle. All fees are payable in advance, and we accept major credit cards and other payment methods as specified on our website.

Refunds: All credit purchases are non-refundable. This includes both subscription fees and additional credit purchases. Please refer to our Privacy Policy for more information about our data handling practices.

Plan Changes: Premium users cannot downgrade to Freemium, but they can maintain pay-as-you-go usage. You can upgrade from Freemium to Premium at any time. Changes to your subscription plan will take effect at the start of your next billing cycle.

Failed Payments: If a payment fails, we may suspend your access to premium features until the payment is successfully processed. We will notify you of any failed payments and provide you with an opportunity to update your payment information.

If you use our API, you agree to the following terms:

API Usage: You must comply with our API documentation and any usage limits we establish. You may not use the API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage.

Security Requirements: You must implement proper security measures to protect your API credentials and any data accessed through the API. You are responsible for all activities that occur using your API credentials.

Prohibited Uses: You may not:

• Use the API for unauthorized purposes
• Cache or store API responses indefinitely
• Use the API to create competing services
• Share your API credentials with unauthorized parties
• Use the API in violation of any applicable laws

API Changes: We may modify or discontinue the API at any time. We will provide reasonable notice of any material changes to the API.

To the maximum extent permitted by applicable law, Tyms Inc. and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Service Usage: Your access to or use of, or inability to access or use, the Service. This includes any reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any third party whose content appears on the Service.

Data and Security: Any unauthorized access to or use of our secure servers and/or any personal information stored therein. While we implement industry-standard security measures, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes.

AI-Generated Content: The accuracy, reliability, or completeness of any AI-generated content or recommendations provided through the Service. Our AI models are continuously learning and improving, but they may occasionally produce inaccurate or incomplete results.

Third-Party Services: Any third-party services or integrations that you access through the Service. We are not responsible for the content, privacy policies, or practices of any third-party services.

Force Majeure: Any events beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Business Impact: Any business interruption, loss of revenue, anticipated savings, business opportunity, goodwill, or reputation. The Service is provided "as is" and "as available" without any warranties of any kind, either express or implied.

Account Security: Any unauthorized access to your account or any breach of security measures. While we implement robust security protocols, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount you have paid to us in the last six (6) months, or fifty dollars ($50), whichever is greater. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Tyms Inc. reserves the right to terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including but not limited to:

Terms Violations: If you breach any of the terms or conditions set forth in this Agreement. This includes, but is not limited to, unauthorized use of the Service, violation of intellectual property rights, or engaging in prohibited activities as outlined in these Terms.

Security Concerns: If we suspect or detect any fraudulent, suspicious, or malicious activity associated with your account. We take security seriously and will take immediate action to protect our users and the integrity of our Service.

Discretionary Termination: At our sole discretion, with or without cause, if we believe that your use of the Service may create risk or possible legal exposure for Tyms Inc., or if we believe that your use of the Service violates our policies or is harmful to other users.

Account Inactivity: If your account remains inactive for an extended period, typically defined as 6 months or more. We may send you prior notice before terminating inactive accounts.

Payment Issues: If you fail to pay any fees or charges when due, or if your payment method is declined or invalid. We will typically provide notice and a grace period before terminating accounts for payment issues.

Legal Compliance: If we are required to do so by law, or if we receive a judicial or other governmental demand or order that requires us to terminate your access to the Service.

Account Management: If you create multiple accounts without our prior written consent, or if you attempt to circumvent any restrictions or limitations we have placed on your account.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Tyms Inc. reserves the right to modify or replace these Terms at any time. We understand that changes to our Terms of Service can affect your use of our Service, and we are committed to being transparent about any modifications we make.

Notification of Changes: When we make material changes to these Terms, we will provide notice to you through the Service, via email, or by other means of communication. We will give you at least 7 days' notice before any material changes take effect. This notice period allows you to review the changes and decide whether you wish to continue using the Service under the new terms.

Non-Material Changes: For non-material changes, such as clarifications, typographical corrections, or administrative updates, we may implement these changes without prior notice. These changes will be effective immediately upon posting the updated Terms on our website.

Your Acceptance: Your continued use of the Service after the effective date of any changes constitutes your acceptance of the new Terms. If you do not agree to the changes, you must stop using the Service before the changes take effect. Your only remedy, if you do not accept the new Terms, is to discontinue using the Service.

Reviewing Changes: We encourage you to review these Terms periodically to stay informed about any updates. The date at the top of these Terms indicates when they were last updated. You can access the current version of these Terms at any time through our website.

Historical Versions: We maintain an archive of previous versions of these Terms. If you would like to review a previous version, please contact us at legal@useadam.io, and we will provide you with the relevant historical version.

These Terms of Service and any separate agreements we offer you hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. This choice of law provision is made in recognition of Tyms Inc.'s incorporation in Delaware and our commitment to providing a consistent legal framework for all users of our Service.

Jurisdiction: You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Service shall be instituted exclusively in the federal or state courts located in Delaware. You hereby consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts, including any claim of inconvenient forum.

International Users: If you are accessing the Service from outside the United States, you acknowledge that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Service, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in our Privacy Policy.

Waiver of Jury Trial: To the fullest extent permitted by applicable law, you and Tyms Inc. each waive the right to a trial by jury in any legal proceeding arising out of or relating to these Terms or the Service. This waiver applies to any claims, whether based on contract, tort, or any other legal theory.

Class Action Waiver: To the fullest extent permitted by applicable law, you and Tyms Inc. agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

Severability: If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of these Terms shall remain in full force and effect.

At Tyms Inc., we value open communication and are committed to addressing your questions and concerns regarding our Terms of Service. We have established multiple channels through which you can reach our dedicated team.

Legal Inquiries: For any legal questions or concerns regarding these Terms of Service, please contact our legal team at legal@useadam.io. Our legal department is available to address matters related to terms interpretation, compliance, and other legal aspects of our Service.

General Support: For general questions about the Service or assistance with your account, please contact our support team at hi@useadam.io. Our support specialists are available to help you with technical issues, account management, and other service-related matters.

Office Address: Our corporate headquarters are located at:

Tyms Inc.
9450 SW Gemini Dr. PMB 20483
Beaverton, Oregon, 97008-7105
United States

Response Time: We strive to respond to all inquiries in a timely manner. For legal matters, we typically respond within 5-7 business days. For general support inquiries, we aim to respond within 24-48 hours during business days.

Business Hours: Our support team is available Monday through Friday, from 9:00 AM to 5:00 PM Pacific Time, excluding major U.S. holidays. For urgent matters outside of business hours, please use our emergency contact system, which is available 24/7 for critical issues.

Documentation: For additional information about our Service, please visit our Help Center at help.useadam.io, where you can find detailed documentation, FAQs, and user guides. Our Help Center is regularly updated with the latest information about our Service and policies.