1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between your organization ("Customer," "you," or "your") and Assist Engine ("we," "us," or "our") governing your access to and use of the Assist Engine platform, including all associated APIs, integrations, AI features, and documentation (collectively, the "Service").
By accessing or using the Service, or by clicking "Accept" or similar, you represent that you have the authority to bind your organization to these Terms. If you do not agree, do not use the Service.
2. Description of Service
Assist Engine is an AI-native IT service management platform designed for managed service providers (MSPs) and IT teams. The Service includes:
- AI-powered ticket management, triage, and routing
- Conversational AI voice agent for inbound/outbound IT support calls
- Intelligent ticket analysis, summarization, and response suggestions
- Integration capabilities with third-party platforms (e.g., Microsoft Teams)
- Multi-tenant workspace management
We reserve the right to modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of material changes where practicable.
3. Accounts & Access
3.1 Registration
To use the Service, you must create an organizational account and provide accurate, complete registration information. You are responsible for maintaining the accuracy of your account information.
3.2 Administrator Controls
Your designated administrator(s) are responsible for managing user access, configuring tenant settings (including AI analysis and voice recording preferences), and ensuring your organization's compliance with these Terms.
3.3 Account Security
You are responsible for safeguarding access credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access or security breach. We are not liable for losses arising from unauthorized use of your account.
4. Acceptable Use
You agree to use the Service only for lawful business purposes and in compliance with all applicable laws. You agree not to:
- Use the Service to process, store, or transmit data in violation of applicable privacy or data protection laws
- Attempt to gain unauthorized access to other tenants' data, our infrastructure, or any connected systems
- Reverse engineer, decompile, or disassemble any portion of the Service
- Use the Service to develop a competing product or service
- Interfere with or disrupt the integrity or performance of the Service
- Transmit malicious code, malware, or any harmful content through the Service
- Exceed any rate limits, usage quotas, or fair use thresholds communicated to you
- Use the AI features to generate content that is illegal, abusive, defamatory, or violates third-party rights
- Misrepresent AI-generated outputs as human-authored in contexts where such disclosure is legally required
We reserve the right to suspend or terminate access for violation of these terms.
5. Customer Data
5.1 Ownership
You retain all rights, title, and interest in the data you submit to the Service ("Customer Data"). We do not claim ownership of your Customer Data.
5.2 License Grant
You grant us a limited, non-exclusive license to access, process, store, and transmit your Customer Data solely as necessary to provide, maintain, and improve the Service, and as described in our Privacy Policy.
5.3 Data Processing for AI Features
You acknowledge that to deliver AI-powered features, your Customer Data (including ticket content, conversation history, and voice data when recording is enabled) will be processed by third-party AI model providers as described in our Privacy Policy. These providers process data to generate responses and do not use your Customer Data to train their general-purpose models, subject to their respective data processing agreements.
5.4 Data Portability
Upon written request, we will provide an export of your Customer Data in a standard machine-readable format within 30 days.
6. AI-Specific Terms
6.1 Nature of AI Outputs
The Service uses artificial intelligence to generate ticket summaries, response suggestions, voice interactions, and other outputs ("AI Outputs"). AI Outputs are generated probabilistically and may contain errors, inaccuracies, or omissions. AI Outputs are provided as decision-support tools and are not a substitute for professional judgment.
6.2 AI Output Ownership
As between you and us, AI Outputs generated from your Customer Data are considered part of your Customer Data and are subject to the same ownership and licensing terms in Section 5.
6.3 AI Model Changes
We may update, replace, or modify the underlying AI models used by the Service to improve performance, reduce costs, or comply with our sub-processor agreements. We will provide notice of material model changes where practicable, but such changes do not require your consent.
7. Fees & Payment
7.1 Pricing
Access to the Service is subject to the pricing plan agreed upon at the time of your subscription. Current pricing is available on our website or as communicated directly to you.
7.2 Payment Terms
Fees are billed in advance on a monthly or annual basis as specified in your subscription. All fees are non-refundable except as expressly stated in these Terms or required by law.
7.3 Price Changes
We may adjust pricing with at least 30 days' written notice prior to your next billing cycle. Continued use after a price change constitutes acceptance of the new pricing.
7.4 Overdue Payments
If payment is not received within 15 days of the due date, we reserve the right to suspend access to the Service until the outstanding balance is resolved.
8. Service Availability & Support
8.1 Uptime
We use commercially reasonable efforts to maintain high availability of the Service. However, we do not guarantee uninterrupted or error-free operation. Scheduled maintenance windows will be communicated in advance where possible.
8.2 Support
We provide support through the channels and response times specified in your subscription plan. Support scope is limited to the Service itself and does not extend to your internal systems, third-party integrations beyond our documented capabilities, or custom development.
9. Intellectual Property
9.1 Our IP
We retain all rights, title, and interest in the Service, including all software, algorithms, models, interfaces, documentation, trademarks, and other intellectual property. Nothing in these Terms transfers any ownership rights to you.
9.2 Feedback
If you provide suggestions, feature requests, or other feedback about the Service, you grant us an unrestricted, perpetual, irrevocable license to use, modify, and incorporate that feedback into the Service without obligation to you.
10. Confidentiality
Each party agrees to protect the other party's confidential information with at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care. Confidential information includes Customer Data, business plans, pricing, technical specifications, and any information marked as confidential.
Confidentiality obligations do not apply to information that is publicly available, independently developed, rightfully received from a third party, or required to be disclosed by law (with prompt notice to the disclosing party where permitted).
11. Warranties & Disclaimers
11.1 Our Warranty
We warrant that the Service will perform materially in accordance with its documentation during the term of your subscription.
11.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 11.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) AI OUTPUTS WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- No Consequential Damages: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.
- Liability Cap: OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
- AI-Specific Limitation: WE ARE NOT LIABLE FOR ANY LOSSES, DAMAGES, OR COSTS ARISING FROM YOUR RELIANCE ON AI OUTPUTS, DECISIONS MADE BASED ON AI-GENERATED CONTENT, OR ACTIONS TAKEN BY THE AI VOICE AGENT DURING CALLS.
13. Indemnification
13.1 Your Indemnification
You agree to indemnify and hold us harmless from any third-party claims, damages, losses, and expenses (including reasonable attorney's fees) arising from: (a) your use of the Service in violation of these Terms; (b) your violation of applicable law; or (c) your Customer Data infringing on third-party rights.
13.2 Our Indemnification
We will indemnify you against third-party claims alleging that the Service (excluding Customer Data and AI Outputs) infringes a valid patent, copyright, or trademark, provided you promptly notify us and cooperate with the defense.
14. Term & Termination
14.1 Term
These Terms are effective upon your first use of the Service and continue for the duration of your subscription.
14.2 Termination for Convenience
Either party may terminate with 30 days' written notice. If you terminate, you remain responsible for fees through the end of your current billing period.
14.3 Termination for Cause
Either party may terminate immediately upon written notice if the other party: (a) materially breaches these Terms and fails to cure within 15 days of notice; or (b) becomes insolvent, files for bankruptcy, or ceases operations.
14.4 Effect of Termination
Upon termination: (a) your access to the Service will be deactivated; (b) you may request a data export within 30 days (see Section 5.4); (c) after the export window, we will delete your Customer Data in accordance with our Privacy Policy; (d) provisions that by their nature should survive (including Sections 5.1, 9, 10, 11, 12, 13, and 15) will survive termination.
15. General Provisions
15.1 Governing Law
These Terms are governed by the laws of the State of Illinois, without regard to conflict of law principles.
15.2 Dispute Resolution
Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiation for a period of 30 days. If unresolved, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association, conducted in Will County, Illinois. Each party bears its own costs unless the arbitrator determines otherwise.
15.3 Entire Agreement
These Terms, together with the Privacy Policy and any order form or subscription agreement, constitute the entire agreement between the parties and supersede all prior agreements relating to the subject matter.
15.4 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
15.5 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets.
15.6 Waiver
Failure to enforce any right or provision does not constitute a waiver of that right or provision.
15.7 Force Majeure
Neither party is liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, acts of government, internet or infrastructure failures, or third-party service outages.
16. Contact
For questions about these Terms, contact us at:
Assist Engine
Email: legal@assistengine.com