Terms of Service

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These Terms of Service ("Terms") govern your access to and use of the services, consultancy, development, resource augmentation, training and websites provided by MyTAssist ("MyTAssist", "we", "us"). By engaging our services or using our website, you ("Client", "you") agree to these Terms.

1. Services

MyTAssist provides IT & digital services, telecom consultancy, AWS cloud consultancy, AI initiatives, data engineering/analytics/data-science, full-stack development, resource augmentation, and training & education services. Specific deliverables, timelines, and fees for any engagement are defined in a separate written proposal, statement of work, or order ("SOW"), which forms part of these Terms.

2. Engagements & Statements of Work

Each engagement is governed by the applicable SOW. Where an SOW conflicts with these Terms, the SOW controls for that engagement. Changes to scope require a written change request agreed by both parties.

3. Client Responsibilities

• Provide timely access to information, systems, personnel and approvals reasonably required for delivery.
• Ensure you have all rights necessary for any data or materials you provide to us.
• Designate a point of contact authorized to make decisions for the engagement.

4. Fees & Payment

Fees are set out in the applicable SOW. Unless stated otherwise, invoices are payable within the period specified on the invoice. Late payments may accrue interest and/or result in suspension of services. All fees are exclusive of applicable taxes unless expressly stated.

5. Intellectual Property

Unless an SOW states otherwise, deliverables specifically created for you are assigned to you upon full payment. MyTAssist retains ownership of its pre-existing materials, tools, methodologies, know-how and any reusable components, and grants you a non-exclusive licence to use them as embedded in the deliverables. Third-party and open-source components remain subject to their own licences.

6. Confidentiality

Each party will protect the other's confidential information with reasonable care and use it only to perform the engagement. This obligation survives termination.

7. Warranties & Disclaimer

We will perform services in a professional and workmanlike manner. Except as expressly stated, services and deliverables are provided "as is" and we disclaim all other warranties, express or implied, including merchantability and fitness for a particular purpose.

8. Limitation of Liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages. Our total aggregate liability arising out of an engagement will not exceed the fees paid by you for that engagement in the three (3) months preceding the claim.

9. Term & Termination

Either party may terminate an engagement for material breach not cured within a reasonable notice period. Upon termination you will pay for services performed and expenses incurred up to the effective date of termination.

10. Payments & Refunds

Fees paid for engagements are non-refundable except where required by law. Unused AI usage balances are handled as set out in section 13. Please see our Refund Policy.

11. Governing Law

These Terms are governed by the laws of the jurisdiction in which MyTAssist is established, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of its competent courts.

12. Changes to these Terms

We may update these Terms from time to time. Continued use of our services or website after changes take effect constitutes acceptance.

13. AI Assistant and Usage Balance

13.1 What it is. The MyTAssist self-care assistant answers questions on our website and in our customer portal using AI models and documentation we provide. Answers are for information only. They do not replace your service agreement, a written instruction from us, or professional advice, and they may contain errors. Please verify important information before you act on it.

13.2 Usage balance. Customers buy a prepaid usage balance in US dollars ("Balance"). Each AI-generated answer is deducted from the Balance. Answers that use only our stored documentation, without an AI model, are not charged.

13.3 How usage is charged. Each AI-generated answer is charged at the actual cost to MyTAssist of the AI model that produced it, based on the tokens processed (input and output), plus a fixed margin of 70%. We may change this margin under clause 13.10. The same margin applies to every model we offer. Your usage statement shows the model, token counts, provider cost, margin and amount deducted for each answer.

13.4 Choice and change of model. MyTAssist may choose or change the AI model used for each service. A change of model does not change the margin in clause 13.3. A cheaper model results in a lower charge per answer; a more expensive model results in a higher charge per answer. Where an AI provider changes its own prices, the change is passed through at cost, plus the same margin. We will give at least 3 days' notice of any change to the model or the margin that affects your charges, through the usage statement or the website, unless the change is required by a provider retiring a model (clause 13.7).

13.5 Top-ups and billing dates. Your billing cycle starts on the date of your first service grant or first top-up. When your Balance is used up, or at the end of your billing cycle where you have an open balance, you top up to continue using AI answers. Matched-documentation answers remain available without a top-up.

13.6 Usage statements. You can see the cost of each answer in your usage statement at any time while your account is active. Statements show the date, service, model, tokens, provider cost, margin and amount deducted.

13.7 Retired or replaced models. If an AI provider retires a model, we will switch that service to a successor model. Your Balance is not reduced by the switch, and the margin in clause 13.3 continues to apply. We will tell you about the switch through the usage statement or the website.

13.8 Expiry and inactivity. A Balance does not expire. If your account has had no activity for 30 days, we may pause the assistant for that account and tell you by email. The Balance stays on your account, and the assistant resumes when you next sign in. Balances are not forfeited, and no refunds are paid under the Refund Policy.

13.9 Fair use. You must not use the assistant to scrape or systematically extract our documentation, to try to access information you are not entitled to, to probe or disrupt the service, or to automate requests beyond normal use. We may suspend the assistant for your account if you do.

13.10 Changes to pricing terms. We may change the margin or other pricing terms in this clause 13 with at least 3 days' notice. Changes apply to usage after the notice period, not to answers already generated.

14. Contact

Questions about these Terms: sales@mytassist.com.