Terms of Service — Index92

IMPORTANT NOTICE: PLEASE READ CAREFULLY

BY USING INDEX92, YOU AGREE TO THESE TERMS OF SERVICE, INCLUDING THE WAIVER OF CLASS ACTION RIGHTS AND LIMITATION OF LIABILITY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

INDEX92 IS CURRENTLY IN BETA. THE SERVICE IS PROVIDED ON AN EXPERIMENTAL BASIS WITH NO GUARANTEES OF AVAILABILITY, ACCURACY, OR PERFORMANCE.

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Index92 ("we," "us," "our," or the "Service").

By creating an account, accessing, or using Index92, you:

Confirm you are at least 16 years of age
Agree to be bound by these Terms
Agree to our Privacy Policy
Acknowledge the Service is in beta and accept all associated risks
Waive certain legal rights as described herein

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. DESCRIPTION OF SERVICE

Index92 is an AI-powered concierge service that executes administrative tasks on your behalf, including but not limited to:

Making phone calls
Sending emails and SMS messages
Navigating websites and online portals
Booking appointments and reservations
Managing communications with third parties

YOU EXPRESSLY AUTHORIZE INDEX92 TO ACT AS YOUR AGENT and to communicate, negotiate, and transact with third parties on your behalf using information and credentials you provide.

3. BETA SERVICE DISCLAIMER

INDEX92 IS PROVIDED AS A BETA SERVICE.

By using the Service, you acknowledge and agree that:

The Service is experimental and under active development
Features may be incomplete, unstable, or change without notice
The Service may contain bugs, errors, and inaccuracies
Availability is not guaranteed
Data loss may occur
Performance may be inconsistent
The Service may be discontinued at any time without notice
Beta status does not entitle you to any specific features, support, or service levels

YOU USE THE BETA SERVICE ENTIRELY AT YOUR OWN RISK.

4. ACCOUNT REGISTRATION AND SECURITY

4.1 Account Creation

To use Index92, you must create an account and provide accurate, complete information. You agree to update your information to keep it current.

4.2 Account Security

You are solely responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized access
Any consequences resulting from unauthorized access to your account

4.3 One Account Per User

Each user may maintain only one account. We reserve the right to terminate duplicate accounts.

5. USER AUTHORIZATION AND RESPONSIBILITIES

5.1 Authorization to Act

By using Index92, you grant us express authorization to:

Access accounts and services using credentials you provide
Communicate with third parties (businesses, individuals, service providers) on your behalf
Make appointments, reservations, and bookings as instructed
Send emails, SMS messages, and place phone calls in your name
Navigate websites and complete forms using your information
Make decisions within parameters you establish

5.2 Your Responsibilities

You are solely responsible for:

The accuracy of all information you provide
Reviewing and approving actions before execution (where applicable)
The consequences of tasks executed on your behalf
Ensuring you have the right to share credentials and authorize actions
Compliance with all applicable laws in your use of the Service
Any commitments, agreements, or obligations made through the Service

5.3 Credential Storage

If you store credentials (usernames, passwords, account numbers) in the Service:

You represent you have the right to use and share these credentials
You accept all risks associated with storing credentials with a third party
You acknowledge that despite security measures, no system is impenetrable
You release Index92 from liability for any unauthorized access or misuse

6. SERVICE AVAILABILITY AND LIMITATIONS

6.1 Availability

The Service is provided on a "best efforts" basis only. We make no guarantees regarding:

Uptime or availability
Response times
Task completion rates
Service continuity

6.2 Usage Limits

Access to the Service is subject to fair use limitations based on cumulative system availability. Usage may be restricted, throttled, or queued based on overall system capacity at our sole discretion.

We reserve the right to modify usage limits at any time without notice.

6.3 Service Modifications

We may at any time, without notice or liability:

Modify, suspend, or discontinue any feature
Change the Service's functionality
Impose new limitations
Discontinue the Service entirely

7. FEES AND PAYMENT

7.1 Current Pricing

Index92 is currently offered as a free beta service with usage limitations.

7.2 Future Pricing

We reserve the right to introduce paid plans, modify pricing, or change the free tier at any time. We will provide reasonable notice of pricing changes.

7.3 No Refunds

All fees, when applicable, are non-refundable. No refunds will be issued for any reason, including but not limited to:

Service dissatisfaction
Unused subscription time
Account termination
Service discontinuation
Task failures or errors

8. PROHIBITED USES

You agree NOT to use Index92 for:

8.1 Illegal Activities

Any activity that violates local, state, national, or international law
Fraud, identity theft, or impersonation
Harassment, stalking, or threatening behavior
Distribution of illegal content

8.2 Harmful Communications

Telemarketing or unsolicited commercial communications
Debt collection activities
Spam or bulk messaging
Robocalling or autodial campaigns
Deceptive or misleading communications

8.3 Emergency and Sensitive Services

Contacting emergency services (911, police, fire, medical emergencies)
Life-threatening or time-critical situations requiring immediate human intervention
Medical emergencies or urgent healthcare decisions
Legal emergencies requiring immediate attorney consultation

8.4 Service Abuse

Attempting to circumvent usage limits or security measures
Reverse engineering, decompiling, or disassembling the Service
Interfering with or disrupting the Service or servers
Using automated means to access the Service (bots, scrapers) beyond intended use
Reselling, sublicensing, or commercializing access to the Service
Creating multiple accounts to circumvent limitations

8.5 Harmful Content

Generating or transmitting malicious code
Uploading content that infringes intellectual property rights
Transmitting content that is defamatory, obscene, or offensive
Engaging in any activity that could harm minors

VIOLATION OF PROHIBITED USES WILL RESULT IN IMMEDIATE ACCOUNT TERMINATION WITHOUT NOTICE OR REFUND.

9. INTELLECTUAL PROPERTY

9.1 Our Intellectual Property

Index92, including its software, design, logos, trademarks, and content, is owned by Index92 and protected by intellectual property laws. You receive no ownership rights by using the Service.

9.2 Your Content

You retain ownership of content you provide. By submitting content, you grant Index92 a worldwide, non-exclusive, royalty-free license to use, process, store, and transmit your content solely to provide the Service.

9.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by Index92 without compensation or attribution.

10. THIRD-PARTY SERVICES AND INTERACTIONS

10.1 Third-Party Infrastructure

Index92 relies on third-party services including but not limited to: Vapi (voice AI), Twilio (telecommunications), Clerk (authentication), Supabase (database), Google/Gmail (email), OpenAI (AI processing).

Your use of Index92 is subject to these third parties' terms and policies. We are not responsible for their actions, availability, or practices.

10.2 Third-Party Interactions

When Index92 contacts businesses, individuals, or service providers on your behalf:

Those parties have their own policies and practices
We have no control over their responses or actions
Outcomes depend on third-party cooperation
We are not responsible for third-party errors, refusals, or misconduct
Agreements made through the Service are between you and the third party

10.3 No Endorsement

Reference to any third party does not constitute endorsement. We make no representations about third-party products, services, or reliability.

11. ARTIFICIAL INTELLIGENCE DISCLAIMER

11.1 AI Limitations

Index92 uses artificial intelligence which:

May produce errors, inaccuracies, or unexpected results
May misinterpret your instructions
May fail to complete tasks as expected
Cannot guarantee outcomes
Is not a substitute for human judgment

11.2 No Professional Advice

Index92 does not provide and is not a substitute for: legal advice, medical advice, financial advice, or professional consultation of any kind.

11.3 User Review

You are responsible for reviewing all AI-generated content and actions. Approval of actions constitutes your acceptance of responsibility for outcomes.

12. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO:

Merchantability
Fitness for a particular purpose
Non-infringement
Accuracy or reliability
Availability or uninterrupted access
Security
Error-free operation
Results or outcomes

WE DO NOT WARRANT THAT:

The Service will meet your requirements
The Service will be uninterrupted, timely, secure, or error-free
Results will be accurate or reliable
Errors will be corrected
The Service is free of viruses or harmful components

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

13.1 No Liability for Damages

INDEX92, ITS OWNER, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY: direct, indirect, incidental, special, consequential, or punitive damages; loss of profits, revenue, data, or business opportunities; personal injury or property damage; emotional distress; loss arising from unauthorized access to your account or data; loss arising from third-party actions or failures; loss arising from AI errors or inaccuracies; loss arising from tasks executed on your behalf; loss arising from service interruptions or discontinuation; or any other losses arising from use of or inability to use the Service.

13.2 Maximum Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF: THE AMOUNT YOU PAID TO INDEX92 IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY DOLLARS ($50 USD).

13.3 Essential Purpose

THESE LIMITATIONS APPLY EVEN IF: We have been advised of the possibility of damages; any remedy fails of its essential purpose; we are found negligent.

13.4 Jurisdictional Limitations

Some jurisdictions do not allow limitation of certain damages. In such cases, our liability is limited to the minimum extent permitted by law.

14. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Index92, its owner, affiliates, officers, agents, partners, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from: your use of the Service; your violation of these Terms; your violation of any third-party rights; your violation of any applicable law; tasks executed at your request or authorization; content you submit or transmit; your interactions with third parties through the Service; any negligent or wrongful conduct by you; any misrepresentation by you.

This indemnification obligation survives termination of these Terms and your use of the Service.

15. DISPUTE RESOLUTION AND WAIVER OF RIGHTS

15.1 Informal Resolution Required

BEFORE TAKING ANY LEGAL ACTION, you must contact us at team.index92@gmail.com and attempt to resolve the dispute informally for at least sixty (60) days.

15.2 Waiver of Jury Trial

YOU WAIVE ANY RIGHT TO A JURY TRIAL in any dispute arising from or relating to these Terms or the Service.

15.3 Waiver of Class Action

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. All disputes must be resolved on an individual basis only. You may not: bring claims as a plaintiff or class member in any class or representative proceeding; consolidate claims with those of other users; participate in any collective arbitration or litigation.

15.4 Waiver of Certain Claims

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT: You waive any and all claims against Index92 arising from your use of the Service; you release Index92 from all liability to the fullest extent permitted by law; you assume all risks associated with using the Service; your sole remedy for dissatisfaction is to stop using the Service.

15.5 Time Limitation

Any claim arising from or relating to these Terms or the Service must be filed within one (1) year after the claim arose. Claims filed after this period are permanently barred.

16. ACCOUNT TERMINATION

16.1 Termination by You

You may terminate your account at any time through the app settings or by contacting us.

16.2 Termination by Us

We reserve the right to suspend or terminate your account at any time, for any reason or no reason, with or without notice. Reasons may include but are not limited to: violation of these Terms; prohibited use of the Service; abusive behavior; extended inactivity; at our sole discretion for any business reason.

16.3 Effect of Termination

Upon termination: your right to use the Service ceases immediately; we may delete your data after 30 days; provisions that by their nature should survive will survive (including indemnification, limitation of liability, and dispute resolution); no refunds will be issued.

17. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the United States, without regard to conflict of law principles.

Any disputes not resolved informally shall be subject to the exclusive jurisdiction of the courts of competent jurisdiction.

18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Index92 regarding the Service.

18.2 Severability

If any provision is found unenforceable, the remaining provisions continue in effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

18.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

18.4 Assignment

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

18.5 No Agency

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Index92 (other than your authorization for us to act as your agent for task execution).

18.6 Headings

Section headings are for convenience only and have no legal effect.

18.7 Contact

For questions about these Terms: Email: team.index92@gmail.com

19. CHANGES TO TERMS

We may modify these Terms at any time. Changes are effective immediately upon posting. Your continued use after changes constitutes acceptance.

For material changes, we will make reasonable efforts to notify you via email or in-app notification. However, it is your responsibility to review these Terms periodically.

20. ACKNOWLEDGMENT AND CONSENT

BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING INDEX92, YOU ACKNOWLEDGE THAT:

You have read and understood these Terms of Service
You are at least 16 years of age
You agree to be legally bound by these Terms
You understand the Service is in beta with no guarantees
You waive your right to participate in class actions
You waive your right to a jury trial
You accept all risks associated with using the Service
You release Index92 from liability to the maximum extent permitted by law
You authorize Index92 to act as your agent for task execution

YOUR USE OF INDEX92 CONSTITUTES YOUR AGREEMENT TO THESE TERMS.