By accessing or using the Tradia platform, website, dashboard, APIs, AI Agent services, or any related services (collectively, the "Service"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "Customer" refers to that entity.
If you do not agree to these Terms, you may not access or use the Service. Tradia reserves the right to update these Terms at any time. We will notify you of material changes at least 30 days in advance via the Dashboard or email. Continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms.
"Agent" means the AI-powered assistant configured and deployed by Tradia on behalf of a Customer to handle inbound communications.
"AI Output" means Agent responses and other AI-generated content produced through the Service using third-party AI language models and Customer-provided business context.
"Customer Content" means all data, materials, business information, and configuration instructions provided by Customer to Tradia for use in connection with the Service.
"Conversation Data" means the message transcripts, metadata, and associated records generated through Agent interactions with End Users.
"Dashboard" means the web-based interface provided to Customer for monitoring, controlling, and configuring their Agent.
"End User" means any individual who communicates with the Agent through supported channels (email or iMessage).
"Portal" means the public-facing page at {slug}.tradia.ai associated with the Customer's account.
"Sub-Processor" means any third party engaged by Tradia to process data on behalf of Customer in connection with the Service.
"Trial Services" means trial periods, beta features, or pre-release functionality offered by Tradia.
Tradia is a managed AI assistant platform that deploys and hosts AI agents for small businesses. The Service includes:
agents.tradia.ai) and iMessage;{slug}.tradia.ai for each Customer;AI responses are generated by third-party AI language model providers (e.g., Anthropic). Tradia does not guarantee the accuracy or reliability of AI-generated responses and is not responsible for the content of Agent communications with End Users.
To use the Service, you must create an account and provide accurate, complete registration information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify Tradia immediately of any unauthorized use of your account.
You must be at least 18 years old and have the legal capacity to enter into a binding agreement. If you use the Service on behalf of an organization, you represent and warrant that you are authorized to accept these Terms on behalf of that organization.
You agree not to use the Service to:
Tradia reserves the right to suspend or terminate your access to the Service if you violate these acceptable use requirements.
Customer retains all right, title, and interest in and to Customer Content. By using the Service, Customer grants Tradia a limited, non-exclusive license to use, process, and store Customer Content solely as necessary to provide, maintain, and improve the Service for that Customer.
Conversation Data generated through Agent interactions is owned by the Customer. Tradia stores Conversation Data on behalf of the Customer and will not disclose it to third parties except as required to provide the Service, comply with law, or as otherwise authorized by the Customer.
Tradia may collect and use aggregate, de-identified, and anonymized data derived from Customer's use of the Service for product analytics, service improvement, and industry benchmarking purposes. Such data will not identify any individual Customer, End User, or include any personal information.
For End User data processed through the Service, Customer is the data controller and Tradia is the data processor. Customer is responsible for ensuring that it has a lawful basis for processing End User data and for providing any required notices to End Users. Tradia will process End User data solely in accordance with Customer's documented instructions and these Terms.
Tradia will not use Customer Content or Conversation Data to train, fine-tune, or improve any general-purpose AI model, machine learning system, or large language model. Customer Data will not be commingled with data from other customers for model training purposes.
Tradia may use only aggregate, de-identified, and anonymized data (as described in Section 6.3) for product analytics and service improvement. Any AI model instance configured specifically for a Customer's Agent operates exclusively for that Customer and is never shared with or applied to another customer's account without express written consent.
Agent responses and other AI-generated content produced through the Service ("AI Output") are generated on behalf of the Customer using third-party AI language models and Customer-provided business context. As between Customer and Tradia, Customer owns all AI Output associated with their account.
Tradia does not guarantee the accuracy, completeness, originality, or non-infringement of AI Output. AI Output may be similar to output generated for other customers due to the nature of underlying AI models. Customer is solely responsible for reviewing, approving, and assuming liability for AI Output communicated to End Users through the Agent.
The Service, including all software, algorithms, interfaces, documentation, designs, trademarks, and other technology (collectively, "Tradia IP"), is and remains the exclusive property of Tradia and its licensors. Nothing in these Terms grants Customer any right, title, or interest in Tradia IP except for the limited right to access and use the Service as expressly permitted herein.
Customer shall not remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in or on the Service.
If you provide Tradia with suggestions, enhancement requests, feature ideas, or other feedback relating to the Service ("Feedback"), you grant Tradia a perpetual, worldwide, non-exclusive, royalty-free, irrevocable, fully sublicensable license to use, reproduce, modify, create derivative works from, distribute, and display such Feedback in connection with the Service.
Tradia may incorporate Feedback into the Service without any obligation of compensation, attribution, or accounting to you.
Customer agrees to pay all fees specified in the applicable order form, subscription agreement, or pricing page ("Fees"). Unless otherwise stated, Fees are quoted in U.S. dollars and are non-refundable except as expressly provided in these Terms.
Tradia may change its Fees upon at least 30 days' prior written notice. Fee changes will take effect at the start of the next billing cycle following the notice period. If Customer does not agree to a fee change, Customer may terminate the Service before the new fees take effect.
Overdue amounts bear interest at the lesser of 1.5% per month or the maximum rate permitted by law. Customer is responsible for all taxes, duties, and governmental assessments associated with the Service, excluding taxes based on Tradia's net income.
Tradia will use commercially reasonable efforts to maintain 99.5% monthly uptime for the Dashboard and Agent communication processing, measured as the percentage of total minutes in a calendar month during which the Service is available.
Downtime does not include unavailability caused by:
If Tradia fails to meet the 99.5% uptime commitment in any calendar month, Customer may request a service credit equal to 5% of the monthly fee for each full 1% below the commitment, up to a maximum credit of 30% of that month's fee. Credits must be requested in writing within 30 days of the affected month and will be applied to the next billing cycle. Service credits are Customer's sole and exclusive remedy for downtime.
Tradia may offer access to trial periods, beta features, or pre-release functionality ("Trial Services"). Trial Services are provided "AS-IS" and "AS AVAILABLE" without warranty of any kind.
Tradia shall have no indemnification obligations and no liability of any type with respect to Trial Services, except where such exclusion is not enforceable under applicable law, in which case Tradia's total liability for Trial Services shall not exceed one hundred dollars ($100.00).
Tradia may discontinue Trial Services at any time without notice. Customer Data provided during Trial Services may be permanently deleted if Customer does not subscribe to a paid plan within 30 days of trial expiration.
Each party ("Receiving Party") agrees to protect the Confidential Information of the other party ("Disclosing Party") using the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. Confidential Information means any non-public information disclosed by one party to the other that is designated as confidential or that, given the nature of the information or the circumstances of disclosure, should reasonably be understood to be confidential.
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was known to the Receiving Party prior to disclosure; (c) is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information; or (d) is rightfully obtained from a third party without restriction on disclosure.
The Receiving Party may disclose Confidential Information to the extent required by law, regulation, or court order, provided that it gives the Disclosing Party prompt notice (where legally permissible) and reasonable assistance to seek protective treatment of the information.
In the event Tradia becomes aware of a confirmed security breach affecting Customer Data, Tradia will:
This notification obligation does not apply to unsuccessful security incidents (e.g., failed login attempts, port scans, denial of service attacks that do not result in unauthorized access).
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TRADIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Tradia does not warrant that: (a) the Service will be uninterrupted, error-free, or completely secure; (b) AI Output will be accurate, complete, or appropriate for any particular purpose; (c) defects will be corrected; or (d) the Service will meet Customer's specific requirements.
Customer acknowledges that AI-generated responses may contain errors, omissions, or inaccuracies and that Customer is solely responsible for verifying the content and appropriateness of all Agent communications with End Users.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRADIA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNTS PAID BY CUSTOMER TO TRADIA DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL TRADIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF TRADIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS IN THIS SECTION APPLY TO ALL CLAIMS IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION CLAIMS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, AND OTHER THEORIES. The limitations of liability in this section are fundamental elements of the bargain between Tradia and Customer.
Customer agrees to indemnify, defend, and hold harmless Tradia and its officers, directors, employees, agents, and affiliates from and against any third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer's use of the Service; (b) Customer Content; (c) AI Output communicated by Customer's Agent to End Users; (d) Customer's violation of these Terms; or (e) Customer's violation of applicable law or third-party rights.
Tradia agrees to indemnify, defend, and hold harmless Customer from and against any third-party claims alleging that the Service (excluding Customer Content and AI Output) infringes a third party's intellectual property rights, provided that Customer promptly notifies Tradia and grants Tradia sole control of the defense and settlement.
These Terms are effective as of the date you first accept them and continue until terminated. Either party may terminate these Terms: (a) for convenience upon 30 days' written notice; or (b) immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within 30 days of receiving notice.
Upon termination, Customer's right to access and use the Service ceases immediately. Tradia will make Customer Data available for export for 30 days following termination, after which Tradia may delete Customer Data in accordance with its data retention policies. Tradia will provide Customer Data exports in JSON or CSV format upon request.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST AGREEING TO THESE TERMS BY SENDING WRITTEN NOTICE TO legal@tradia.ai, AND SUBJECT TO LIMITED EXCEPTIONS SET FORTH BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TRADIA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware (or remotely by mutual agreement). The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information. Claims within the jurisdiction of small claims court may be brought in such court.
You may opt out of this arbitration provision by sending written notice to legal@tradia.ai within 30 days of first accepting these Terms. Your notice must include your name, account identifier, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in Wilmington, Delaware.
YOU AND TRADIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
These Terms, together with any applicable order forms, data processing agreements, and policies referenced herein, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.
No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. A waiver of any right on one occasion shall not be deemed a waiver of that right on any subsequent occasion.
Customer may not assign or transfer these Terms or any rights or obligations hereunder without Tradia's prior written consent. Tradia may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties' successors and assigns.
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, or failures of third-party services.
All notices under these Terms shall be in writing and delivered via email to the address associated with the Customer's account (for notices to Customer) or to legal@tradia.ai (for notices to Tradia). Notices are deemed delivered when sent, provided no bounce-back or delivery failure notification is received.
Each party shall comply with all laws and regulations applicable to its performance under these Terms. If a change in applicable law materially affects either party's obligations under these Terms, the parties will negotiate in good faith to amend the Terms to address such change while preserving the economic balance of the agreement. If the parties cannot reach agreement within 60 days, either party may terminate the affected services upon 30 days' written notice.
The following provisions survive termination or expiration of these Terms: Fees & Payment (for accrued obligations), Intellectual Property, Confidentiality, Disclaimers & Warranties, Limitation of Liability, Indemnification, Arbitration, and any other provisions that by their nature should survive.
If you have any questions about these Terms of Service, please contact us:
Tradia, Inc.
A Delaware C Corporation
Email: legal@tradia.ai