Terms of Service

1. Acceptance of Terms

By accessing or using any service provided by AItocha, Inc. ("AItocha," "we," "us," or "our"), including but not limited to AItocha Photos, AItocha CX, AItocha Surveys, AItocha Estate, and AI Compass (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, you may not access or use the Services. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Eligibility

You must be at least 18 years old to create an account and use our Services. If you are between 13 and 18, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

Children under 13 may not create accounts. For AItocha Photos, a parent or legal guardian must create and manage any account that involves the generation of images of minors, subject to our child safety protections.

3. Account Terms

• •You are responsible for maintaining the security of your account and password
• •You are responsible for all activities that occur under your account
• •You must provide accurate and complete information when creating an account
• •You may not use the Services for any illegal or unauthorized purpose
• •You must notify us immediately of any unauthorized use of your account
• •We may suspend or terminate accounts that violate these Terms

4. Description of Services

AItocha provides the following Services:

5. Payment Terms

• •Billing: Paid plans are billed in advance on a monthly or annual basis through Stripe. All fees are in US dollars unless otherwise stated.
• •Free Tiers: Some Services offer free tiers with limited features. Free tiers may be modified or discontinued at our discretion with reasonable notice.
• •Refunds: Subscription fees are generally non-refundable. For one-time purchases (e.g., AItocha Estate document packages), refund requests must be made within 7 days of purchase and before document generation is completed.
• •Price Changes: We may change pricing with 30 days' notice. Existing subscriptions will honor the current price until the next renewal cycle.
• •Cancellation: You may cancel your subscription at any time. Access continues until the end of your current billing period.

6. Acceptable Use

You agree NOT to use the Services to:

• •Generate, store, or distribute illegal, harmful, or abusive content
• •Create deepfakes, non-consensual imagery, or misleading content of real people
• •Attempt to bypass child safety protections in AItocha Photos
• •Harass, threaten, or abuse other users
• •Violate any applicable laws or regulations
• •Interfere with or disrupt the Services or servers
• •Attempt to gain unauthorized access to other users' accounts or data
• •Use automated scripts, bots, or scrapers without written permission
• •Resell or redistribute Services without authorization

7. Intellectual Property

7.1 Our Property

The Services, including all software, designs, text, graphics, and other content created by AItocha, are owned by AItocha, Inc. and protected by copyright, trademark, and other intellectual property laws. Our patent-pending child safety technology (U.S. Patent Application No. 63/924,236) is proprietary.

7.2 Your Content

You retain ownership of content you upload to the Services (photos, survey data, documents, etc.). By uploading content, you grant us a limited, non-exclusive license to process, store, and display that content as needed to provide the Services.

7.3 AI-Generated Content

AI-generated content (photos, documents, analytics reports) created through our Services is provided for your personal or business use. You may use AI-generated content subject to applicable laws and our Acceptable Use policy. We make no representations regarding copyright ownership of AI-generated content.

8. Data & Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of your data as described in the Privacy Policy.

9. Third-Party Services

Our Services integrate with and rely on third-party services including:

• •Google: Authentication (OAuth 2.0)
• •Stripe: Payment processing
• •Salesforce: Data access for AI Compass (read-only)
• •OpenAI / Anthropic: AI model processing

Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or conduct of third-party services.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or secure. AI-generated content may contain errors or inaccuracies. You are responsible for reviewing and verifying all AI-generated output before relying on it.

11. AItocha Estate — Legal Disclaimer

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AITOCHA, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

Our total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless AItocha, Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any third-party rights.

14. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall be resolved as follows:

• 1.Informal Resolution: Contact us first at support@aitocha.com. We will attempt to resolve the dispute informally within 30 days.
• 2.Binding Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
• 3.Class Action Waiver: You agree to resolve disputes individually and waive the right to participate in a class action lawsuit or class-wide arbitration.

15. Termination

We may suspend or terminate your access to the Services at any time for any reason, including violation of these Terms. Upon termination:

• •Your right to access the Services ceases immediately
• •We may delete your data after a 30-day grace period
• •You may request a data export during the grace period
• •Provisions that by their nature should survive termination shall survive (including IP rights, disclaimers, limitations of liability, and dispute resolution)

16. Governing Law

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

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Services after changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

18. 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.

19. Contact

For questions about these Terms, please contact us: