Terms of Service

Effective Date: May 24, 2025
Last Updated: May 24, 2025

1. Acceptance of Terms

By accessing or using the Metricbite website (metricbite.com) and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

2. About Our Services

Metricbite provides AI automation and data processing services, including but not limited to:

AI-powered system automation solutions
AI agents, setters, and voice agents
Data collection, analysis, and processing
Management and workflow automation systems
Client onboarding and offboarding automation
Custom interfaces, chatbots, and documentation
Automated decision-making technology (ADMT) solutions

AI Disclosure: Our services utilize artificial intelligence and automated decision-making technologies that may impact your business processes. We provide transparency about our AI systems upon request and maintain appropriate oversight and human review processes.

3. Eligibility and Account Requirements

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts. If you are entering into these Terms on behalf of a company or other entity, you represent that you have the authority to bind such entity.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must notify us immediately of any unauthorized use.

3.3 Prohibited Uses

You may not use our services to:

Violate any applicable laws, regulations, or third-party rights
Engage in fraudulent, misleading, or deceptive activities
Interfere with or disrupt our services or servers
Attempt unauthorized access to our systems or other users' accounts
Use our AI services in ways that could cause harm, discrimination, or bias
Circumvent any technical limitations or security measures
Reverse engineer or attempt to extract source code from our services

4. Service Delivery and AI Implementation

4.1 Project Methodology

Our services follow a structured 5-phase implementation process:

Analysis & Evaluation - Workflow mapping and requirement gathering
Strategic Planning - Custom solution design and impact estimation
Execution & Development - System building with quality assurance
Implementation & Launch - Training, documentation, and deployment
Optimization & Performance - Continuous monitoring and improvement

4.2 AI System Characteristics

Our AI and automated systems are designed to:

Enhance efficiency and reduce repetitive tasks
Maintain human oversight and intervention capabilities
Provide audit trails and decision transparency when requested
Comply with applicable AI governance frameworks
Include bias testing and fairness measures where appropriate

4.3 Client Cooperation Requirements

Successful implementation requires your timely cooperation, including:

Providing accurate and complete information
Granting necessary system access and permissions
Participating in training and testing phases
Reviewing and approving deliverables promptly

4.4 Performance Expectations

While we strive to achieve the estimated improvements (such as 80%+ process optimization), results may vary based on implementation factors, data quality, and system integration complexity.

5. Payment and Billing Terms

5.1 Fees and Payment

Service fees are specified in your individual service agreement. Payment terms may include deposits, milestone payments, or recurring subscriptions as outlined in your contract.

5.2 Late Payment Consequences

Late payments may result in service suspension, additional fees, and referral to collection agencies.

5.3 Refund Policy

Refund policies are specified in individual service agreements and may vary based on project stage and deliverables completed.

6. Intellectual Property Rights

6.1 Our Proprietary Rights

Metricbite retains ownership of all proprietary methodologies, frameworks, AI models, algorithms, and pre-existing intellectual property used in service delivery.

6.2 Custom Deliverables

Custom solutions and deliverables created specifically for your project will be owned by you, subject to our retained rights in underlying methodologies and general techniques.

6.3 License Grants

We grant you a non-exclusive, non-transferable license to use delivered systems and documentation for your internal business purposes. You grant us a license to use non-confidential feedback and general learnings from our engagement.

7. Data Protection and Privacy

7.1 Data Processing

We process personal and business data in accordance with our Privacy Policy and applicable data protection laws including GDPR, CCPA/CPRA, and other regional privacy regulations.

7.2 Data Security

We implement appropriate technical and organizational measures to protect data, including encryption, access controls, and security monitoring.

7.3 AI Data Use

Data used to train or improve our AI systems is handled according to strict privacy and security protocols. We do not use your confidential data to improve services for other clients without explicit consent.

8. Service Warranties and Disclaimers

8.1 Professional Standards

We warrant that services will be performed with professional skill and care consistent with industry standards.

8.2 AI System Limitations

AI and automated systems have inherent limitations and may not be 100% accurate. You acknowledge that:

AI outputs should be reviewed by qualified personnel
Systems may require ongoing maintenance and updates
Performance may vary with changes in data patterns or business processes
Integration with third-party systems may affect functionality

8.3 Disclaimer of Warranties

Except as expressly stated, services are provided "as is" without warranties of specific results, uptime guarantees, or compatibility with all systems.

9. Limitation of Liability

9.1 Liability Cap

Our total liability for any claims shall not exceed the fees paid for the specific services giving rise to the claim in the 12 months preceding the claim.

9.2 Excluded Damages

We shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, business interruption, or data loss.

9.3 AI-Related Limitations

We are not liable for decisions made by automated systems, discriminatory outcomes from AI bias, or damages from AI system errors, provided we maintain reasonable oversight and testing procedures.

10. Compliance and Legal Requirements

10.1 Regulatory Compliance

Both parties agree to comply with applicable laws and regulations, including but not limited to:

Data protection and privacy laws (GDPR, CCPA/CPRA, state privacy laws)
AI governance requirements and ethical AI principles
Industry-specific regulations applicable to your business
Anti-discrimination and employment laws where applicable

10.2 AI Governance

We maintain AI governance practices including bias testing, human oversight, audit trails, and regular system monitoring. You are responsible for ensuring AI system use complies with your industry regulations.

11. Indemnification

11.1 Mutual Indemnification

Each party agrees to indemnify the other against claims arising from violations of law, breach of contract, or negligent acts, subject to the limitations herein.

11.2 AI-Specific Indemnification

You agree to indemnify us against claims arising from your use of AI systems in violation of applicable laws or in ways inconsistent with our recommendations and documentation.

12. Termination

12.1 Termination Rights

Either party may terminate with written notice as specified in the service agreement. We may terminate immediately for material breach or non-payment.

12.2 Effect of Termination

Upon termination, you remain responsible for fees incurred, we will provide completed deliverables, and both parties' confidentiality obligations continue.

12.3 Data Return

We will return or delete your data as specified in our Privacy Policy and applicable data protection laws, subject to legal retention requirements.

13. Dispute Resolution

13.1 Informal Resolution

Parties agree to attempt good faith resolution of disputes through direct negotiation for 30 days before formal proceedings.

13.2 Arbitration

Any unresolved disputes shall be resolved through binding arbitration under the rules of a recognized arbitration organization, except for claims eligible for small claims court.

13.3 Class Action Waiver

You agree to resolve disputes individually and waive rights to participate in class actions or collective proceedings.

14. Force Majeure

Neither party shall be liable for delays or failures due to causes beyond reasonable control, including natural disasters, government actions, cyber attacks, or widespread technical failures.

15. Updates and Modifications

15.1 Terms Updates

We may update these Terms with 30 days' notice. Continued use constitutes acceptance of changes.

15.2 Service Changes

We may modify, suspend, or discontinue services with reasonable notice, except for emergency security measures.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with service agreements and our Privacy Policy, constitute the complete agreement between parties.

16.2 Severability

If any provision is unenforceable, the remainder shall remain in effect.

16.3 Assignment

Neither party may assign these Terms without consent, except we may assign to affiliates or in connection with a merger or acquisition.

16.4 Governing Law

These Terms are governed by applicable law without regard to conflict of law principles.

17. Contact Information

For questions about these Terms, please contact us at:

Website: metricbite.com
Email: [email protected]

By using our services, you acknowledge that you have read, understood, and agree to these Terms of Service and understand the nature of our AI-powered automation services.