These Terms of Service (“Terms”) govern your access to and use of the Lexey platform (“Service”), operated by Re-X Australasia Limited, a company registered in New Zealand (“Company”, “we”, “us”, or “our”). By creating an account or using the Service, you (“Customer”, “you”, or “your”) agree to be bound by these Terms.
1. Service Description
Lexey is a multi-tenant AI customer support agent platform. The Service enables you to configure, deploy, and manage an AI-powered support agent that interacts with your end customers (“End Users”) via chat interfaces or APIs.
2. Account & Organisation
You must create an account and an organisation to use the Service. You are responsible for maintaining the confidentiality of your account credentials and API keys. You are responsible for all activity that occurs under your account or organisation, including actions taken by team members you invite.
3. AI-Generated Content — Disclaimer
The Service uses large language models (LLMs) to generate responses on your behalf. AI-generated responses may be inaccurate, incomplete, or inappropriate despite safety measures. You acknowledge and agree that:
- AI-generated content is produced algorithmically and may contain errors, hallucinations, or unintended statements.
- You are solely responsible for reviewing, monitoring, and validating the responses your AI agent provides to End Users.
- You are solely responsible for the knowledge, business rules, and configuration you provide to the Service, and for ensuring they are accurate and appropriate.
- The Company does not guarantee the accuracy, completeness, or suitability of any AI-generated response for any particular purpose.
- You shall not rely on the Service as the sole mechanism for any safety-critical, legally binding, medical, financial, or regulatory communication with End Users.
4. Limitation of Liability
To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
In no event shall the Company, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, business, goodwill, or revenue, arising out of or in connection with your use of the Service or any AI-generated content, regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if the Company has been advised of the possibility of such damages.
The Company’s total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the amounts paid by you to the Company in the twelve (12) months preceding the event giving rise to the claim.
5. Assumption of Risk & Waiver
You expressly acknowledge and agree that your use of the Service, including the deployment of an AI agent to interact with your End Users, is at your sole risk. You assume all risk and liability for any claims, damages, losses, or expenses arising from:
- Any response, action, or omission by the AI agent, including incorrect, misleading, or incomplete responses.
- Any impact on your business, reputation, or customer relationships resulting from AI-generated content.
- Any decisions made by End Users based on AI-generated responses.
- Any failure of the AI agent to escalate a conversation when appropriate.
You hereby waive, to the maximum extent permitted by law, any and all claims against the Company arising from or related to the performance, output, or behaviour of the AI agent.
6. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with:
- Your use of the Service or any AI-generated content.
- Any claim by an End User or third party related to the responses or actions of your AI agent.
- Your violation of these Terms.
- Your violation of any applicable law, regulation, or third-party right.
- The knowledge, data, or configuration you provide to the Service.
7. Billing & Payment
The Service operates on a credit-based subscription model billed monthly through Stripe. By subscribing, you authorise recurring charges. Overage charges are billed automatically. All fees are non-refundable except where required by law. We reserve the right to change pricing with 30 days’ notice.
8. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law or regulation.
- Provide medical, legal, financial, or other professional advice without appropriate disclaimers and human oversight.
- Attempt to bypass, circumvent, or disable the Service’s safety features.
- Transmit harmful, offensive, or illegal content through the Service.
- Reverse engineer, decompile, or attempt to extract the source code or underlying algorithms of the Service.
- Use the Service in a manner that could damage, disable, overburden, or impair the Service.
9. Intellectual Property
The Service, including all software, algorithms, and documentation, is the exclusive property of the Company. You retain ownership of the knowledge, business context, and configuration data you provide to the Service. You grant us a limited licence to use this data solely to operate the Service on your behalf.
10. Data & Privacy
Your use of the Service is also governed by our Privacy Policy. You are responsible for ensuring that your use of the Service complies with all applicable privacy and data protection laws, including providing any required notices to End Users about AI-generated responses.
11. Termination
Either party may terminate these Terms at any time. You may cancel your subscription via the Stripe Customer Portal. We may suspend or terminate your access if you breach these Terms. Upon termination, your right to use the Service ceases immediately. Sections 3–6, 9, 12, and 16 survive termination.
12. Governing Law
These Terms and any action related thereto will be governed by the laws of New Zealand without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the Service will be brought solely in the courts located in Auckland, New Zealand, and you consent to the jurisdiction of and venue in such courts and waive any objections as to inconvenient forum.
13. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond the party’s reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, power or internet outages, or failures of third-party service providers (including AI model providers, cloud hosting, and payment processors).
14. Modifications
We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the “Last updated” date and, where practicable, by email. Continued use of the Service after changes constitutes acceptance of the modified Terms.
15. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
16. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements, representations, and understandings.
17. Contact
For questions about these Terms, contact us at support@lexey.ai.