TERMS OF SERVICE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures to make the terms of this policy binding.

Please read the terms of use thoroughly and carefully:

1. OVERVIEW

• Acceptance: Users must agree to the Terms of Use and Privacy Policy.
• Updates: Terms may change, and continued use signifies agreement.
• Eligibility: Users must be 18+ and legally able to contract.
• User Info: Accurate personal information is required.
• Conduct: Users must adhere to the specified rules.
• Services: Hana provides AI-powered assistance within Google Workspace.
• Subscriptions: Various plans are available, with the company reserving the right to modify fees.
• Intellectual Property: All IP on the app belongs to the company.
• Liability: The company is not liable for damages from app usage.
• Privacy: User privacy is protected as per the Privacy Policy.
• HIPAA: A Business Associate Agreement is available for healthcare customers requiring HIPAA compliance.
• Feedback: Feedback becomes the property of the company.
• Indemnification: Users must indemnify the company against losses, with such indemnity capped at no more than twice the fees paid to the company in the preceding one year.
• Termination: The company can terminate access at its discretion. losses.
• Law: Terms are governed by Indian law, jurisdiction in Amritsar, Punjab.
• Grievance Officer: Provided for complaints.
• Contact: Contact information is provided for questions.

2. GENERAL

• Welcome to Google Workspace App namely “Hana”. This Google workspace app is owned and operated by Today Solve Private Limited trading as “Hanabi Technologies” (“The Company”) whose registered office is at 220, Basant Avenue, Amritsar, Punjab, India-143001.
• This Google workspace app also has an accompanying web app dashboard namely “Hana Control Dashboard”, a landing page namely “Hana Landing Page” and documentation powered by https://docs.hanabot.ai namely “Hana Documentation”
• This Google workspace app/software provides an online platform that consists of a technological instrument of digital assistance (Chatbot) that, through artificial intelligence and based on the use of conversational information, establishes a simultaneous communication with those collaborators of the Customer who have been authorized by the Customer, which may be integrated through the instant messaging tool chosen by the Customer for this purpose.

3. ACCEPTANCE OF TERMS OF USE

By accessing or using this Website/App or the Services, you agree to be bound by these Terms of Use, the services agreement and Our other policies made available on the Website, including but not limited to the Privacy Policy available at https://hana.hanabitech.com/privacy-policy (“Policies”). These policies set forth are legally binding terms for your use of our Platforms. You are bound by the policies irrespective of whether you are a “Visitor” (which means that you simply browse our Platforms) or you are a “Subscriber” (which means that you have registered with Hanabi Technologies as a user). If You do not agree to these Terms of Use or any of Our Policies, please do not use the Services or access the Website/App.

4. CHANGES TO THE TERMS OF USE

We may modify these Terms of Use and Our Policies from time to time, by updating this document. If you continue to use the Website/App or Dashboard following the posting of changes will mean that You accept such changes and You agree to be bound by any modification to this Agreement when you use our Website after any such modification is posted. If you do not agree to these Terms of Use or any of Our Policies, please do not use the Services or access the Website/App. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Whenever there will be changes in our privacy policy, a pop up will appear on the dashboard regarding that change/update and we may additionally email you about the same.

5. ACCESS TO THE WEBSITE/APP AND DASHBOARD

You may access the Website/App and the Dashboard only if You are 18 years of age or older and are legally capable of entering into a binding contract as per applicable law, including, in particular, the Indian Contract Act, 1872. You represent, acknowledge, and agree that you are at least 18 years of age and be legally capable of entering into a legal contract and have understood and voluntarily accepted the Terms.

6. YOUR INFORMATION

• You may use the Services through Our website/App/Dashboard. Upon using our website/App/ Dashboard, you are required to provide us with Your details including Your name, address, contact number and email address and then, choose the service You need, including a suitable time for such service (“User Information”).
• By providing Us with Your User Information, you confirm that:
• The User Information provided by You is accurate and genuine;
• The mobile phone number provided by You belongs to you, has been validly acquired under applicable law, and You may be contacted on the number by way of calls or SMS messages by Us or Our Providers; and
• You shall immediately notify Us of any unauthorized use of Your User Information or any other breach of these Terms of Use or security known to You.
• Further, you authorize Us to:
  • Collect, process and store User Information and access information including the IP address, IMEI number and MAC address of the computer/device from where the Website/App were accessed;
  • Use, store or otherwise process your personal information in order to provide the service to you and for marketing and credit control purposes.
  • Either directly, or through third parties, verify and confirm your User Information;
  • Contact You using Your User Information, including for marketing and promotional calls; and
  • Share Your User Information with Providers who may use the same to contact You, including on Your mobile phone.
• Subject to the above, and your compliance with these Terms of Use, we grant You a non-exclusive, revocable, limited privilege to access and use this Website/App and Dashboard.
• You are entitled to request a copy of the said personal information Hanabi Technologies holds about you. Please contact us if you wish to request a copy of this information.

7. RULES OF CONDUCT

A. You agree to make use of the Website/App and Dashboard for their intended purpose in a bona fide manner. In particular You agree not to:

• print, distribute, share, download, duplicate or otherwise copy, delete, vary or amend or use any data or User Information of any User other than You;
• infringe on any intellectual property rights of any person and/or retain information in any computer system or otherwise with an intention to do so;
• attempt to gain unauthorized access to any portion or feature of the Website/App, or any other systems or networks connected to the Website/App or to any server, computer, network, or to any of the Services by hacking, password “mining” or any other illegitimate means;
• probe, scan or test the vulnerability of the Website/App or Services or any network connected to the Website/App or Services or breach the security or authentication measures on the Website/App or any network connected to the Website/App or Services;
• use any automated systems to extract data from the Website/App;
• make any inaccurate, false, unfair or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, any Provider or any User on the Website/App;
• take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website/App or Our systems or networks, or any systems or networks connected to Us; or
• circumvent or manipulate the Website/App, Services, registration process, Transaction Fees, billing system, or attempt to do so.

8. SERVICES

This Google workspace app/software provides an online platform that consists of a technological instrument of digital assistance (Chatbot) that, through artificial intelligence and based on the use of conversational information, establishes a simultaneous communication with those collaborators of the Customer who have been authorized by the Customer, which may be integrated through the instant messaging tool chosen by the Customer for this purpose. HanaBot, developed by Hanabi Technologies (powered by a mix of the most powerful models in the industry), is an advanced virtual assistant designed to seamlessly integrate into Google Chat environments. The services provided by Hana Bot include:

• Real-time Assistance: Hana Bot is capable of offering immediate support and answers to a wide range of queries within the chat space. Whether it`s technical support, general knowledge, or specific information related to Hanabi Technologies` services,Hana Bot is equipped to provide timely and accurate responses.
• Task Management: Users can create, manage, and track tasks directly through the chat interface with Hana Bot`s assistance. This includes setting reminders, deadlines, and providing updates on task progress.
• Calendar Coordination: Hana Bot can assist with scheduling by accessing users` calendars to find suitable meeting times, set appointments, and send reminders for upcoming events.
• Document Collaboration: With the ability to access and consider content from Google Docs, Hana Bot can facilitate document collaboration, sharing insights, and providing feedback on shared documents within the chat.
• Custom Integrations: Hana Bot can be customized to integrate with other software systems used by Hanabi Technologies, providing a cohesive experience across various platforms and tools.
• Privacy and Security: Hana Bot adheres to strict privacy policies, ensuring that no personally identifiable information is stored during interactions. Users can contact Hanabi Technologiesto request data deletion at any time.
• HIPAA Support: Hanabi Technologies provides a Business Associate Policy and can sign a Business Associate Agreement on request.
• Secure Data Handling: Conversations are processed at runtime only; any saved data is encrypted at rest and never used for analytics or model training.
• Breach Notification: If protected data is compromised, Hanabi Technologies will notify affected customers without unreasonable delay and within 60 days.
• Feedback and Continuous Improvement: Users can submit feedback directly through Hana Bot, which allows Hanabi Technologies to continuously improve the bot`s functionality and user experience.

The services provided by Hana Bot are designed to increase productivity, streamline communication, and enhance the overall efficiency of daily operations within Google Chat environments.

Hana is supplemented by a dashboard (“Hana Dashboard”) through which:

• Memory Snippets: Customer can create and store memory snippets which Hana can recall during her interactions with the Customer.
• Enable or disable group and 1-1 interactions: Customer can disable Hana from interacting in groups or 1-1 chats
• Enable, disable or delete users:Customer can enable or disable Hana for certain users in their Google Workspace or can even delete the users and their associated data, however, total data deletion of the user happens only when the entire organization is deleted because some data related to the user is required for consistency and correct operation of certain features such as report groups and cannot be dropped when only a particular user is deleted while the organization still has other users.
• Analytics: Anonymous usage analytics of Hana by the Customer such as interaction count within a timeframe, groups integrated with Hana, users authenticated with Hana, total monthly organization level and user level interaction count and more.
• Provide/update base context: Certain base context is provided by the Customer for tailored functioning of Hana, this can include their company information, website, size, location, name and more.

There are other supporting entities like the landing page (“HanaLanding Page”) which is mostly for an introduction to Hana and to improve the product’s search engine visibility and documentation is available at Hana Documentation. Documentation is to allow users to more deeply understand Hana, its features and how to use them.

Hanabi Technologies is committed to the ongoing development and enhancement of Hana Bot, Hana Dashboard and all its supporting infrastructure and products to ensure it meets the evolving needs of its users.

9. FEES AND PAYMENT

We offer several subscription plans for our services, each designed to accommodate the varying needs of our users. Below is the detailed fee structure:

• FREE Plan:
  • Powered by gpt 5 mini, gpt 5 nano models
  • Access to gpt 5 nano reasoning model
  • Low Intelligence
  • Process up to 200K (min 128K) tokens per request
  • Users: Unlimited
  • Groups: Unlimited
  • Interaction Count: Maximum of 5 per user per month
  • Memory Batches
  • Chat History Context: 10 minutes
  • Basic realtime models
  • Available Actions
  • Available Model Use Cases
  • Support subject to team availability and bandwidth

• BASIC Plan:
  • Everything in FREE
  • Access to gpt 5 mini reasoning model
  • Interaction Count: Maximum of 70 per user per month
  • Memory Batches
  • Chat History Context: 15 minutes

• PRO Plan:
  • Everything in BASIC
  • Access to o3 reasoning model
  • High Intelligence
  • Interaction Count: Maximum of 300 per user per month
  • Memory Batches
  • Chat History Context: 30 minutes
  • High-end realtime models
  • Additional Actions
  • Additional Model Use Cases
  • Priority support

The Free Plan is ideal for individuals or small teams looking to explore our services. The Basic Plan offers additional features and support for growing teams, while the Pro Plan provides comprehensive services for large organizations or those requiring extensive use of our services. We reserve the right to modify our fee structure and will provide notice of any changes in accordance with our Terms of Use. For any inquiries or further clarification regarding our subscription plans, please contact us at hana-bot@hanabitech.com .

10. OWNERSHIP OF INTELLECTUAL PROPERTY

• The intellectual property in the Website/App, and in the material, content and information made available on the Website/App including graphics, images, photographs, logos, trademarks, the appearance, organisation and layout of the Website/App and the underlying software code belong to Us or Our licensors.
• You must not copy, modify, alter, publish, broadcast, distribute, sell or transfer (whether in whole or in part) any such material. The information provided on the Website/App and through the Services is for Your personal use only.
• You grant Hanabi Technologies a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks, and logos associated with your Creator Content to operate, provide, market, and promote the Platform and to perform our obligations and exercise our rights under the Terms of Use. This license will survive any termination of the Terms of Use solely to the extent that Hanabi Technologiesrequires the license to exercise any rights or perform any obligations that arise under the Terms of Use.

11. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

If you believe that the Hana contains elements that infringe your intellectual property rights in your work, please notify Hanabi Technologies immediately. If Hanabi Technologies receives intellectual property rights infringement claim notification and it is felt appropriate, Hanabi Technologies may remove all such content from the Hanabi Technologies Website which is indicated as infringing, and/or take any other appropriate action.

12. DISCLAIMER AND LIMITATIONS OF LIABILITY

THE WEBSITE/APP AND DASHBOARD ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED. YOU MUST BEAR THE RISKS ASSOCIATED WITH THE USE OF THE SITE OR THE CHATBOT OR ANY ASSOCIATED SERVICES OR PRODUCTS.

• The information, recommendations provided to you on or through the Website/App/Dashboard is for general information purposes only and does not constitute any advice. The Company will reasonably keep the Website/App/Dashboard and its contents correct and up to date but does not guarantee that (the contents of) the Website/App/Dashboard are free of errors, defects, malware, and viruses or that the Website/App/Dashboard is correct, up to date, and accurate in all means.
• The Company shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website/App/Dashboard, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception, or manipulation of electronic communications by third parties or by computer programs used for electronic communications, transmission of viruses or any sort of damage from incorrect information produced by the Hanachatbot or its supporting services.
• Without prejudice to the generality of the section above, the total liability of Hanabi Technologies to you for all liabilities arising out of this User Agreement in tort or contract is limited to the value of the product ordered by you.
• The quality of the services requested through the use of the Application or the Service is entirely the responsibility of the Service Provider who ultimately provides such services to you. The Company under no circumstance accepts liability in connection with and/or arising from the services provided by the Service Provider or any acts, action, behaviour, conduct, and/or negligence on the part of the Service Provider. Any complaints about the services provided by the Service Provider should therefore be submitted to the Service Provider.
• The Hana will be available for use, or that all services, features, functions, or operations will be available or be performed as described the services, The Hanabi Technologieswebsite/App/Dashboard is not hack-proof. The data may get pilfered, damaged, lost, garbled, or become useless. Without limiting the foregoing, Hanabi Technologies is not responsible or liable for any malicious code, delay, inaccurate, error, or omissions arising out of your use of the Hanabi Technologiesservice.
• You understand, acknowledge, and agree that you are assuming the entire risk as to your data, quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, safety, security, and validity of any and all features and functions of the Hanabi Technologies, including, without limitations, postings, and materials associated with your use of the Hanabi Technologies.
• You understand and agree that to the fullest extent permissible by law, the Hanabi Technologies and their successors and assigns or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers, or suppliers shall not be liable for any loss or damage of any kind direct or indirect, in connection with or arising from the use of the Hanabi Technologies service or from this terms of use, including but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, REVENUE, BUSINESS OR DATA OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF YOU HAVE or HAVE NOT BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

13. PERSONAL INFORMATION AND PRIVACY

We are committed to protecting your privacy and security. Any personal information you supply to us when you use this Website/App or book the Services will be used in accordance with Our Privacy Policy.

14. FEEDBACK, REPUTATION AND REVIEWS

You agree to be fair, accurate and non-disparaging while leaving comments, feedback, testimonials and reviews (“Feedback”) on or about the Hana, you acknowledge that You transfer all rights in such Feedback to us and that We will be free to use the same as we may find appropriate.

15. CANCELLATION POLICY

At Hanabi Technologies, we strive to provide our customers with the utmost flexibility and convenience. If you need to cancel your subscription to our services, you can do so at any time through your account settings on the Hana Dashboard. Cancellations will be effective at the end of the current billing cycle, and you will not be charged for the subsequent cycle. To cancel your subscription, please follow these steps:

• Login to Hana Dashboard: https://hana-dashboard.hanabitech.com
• Navigate to Settings and then Billing tab
• Switch to the FREE plan using the CHANGE PLAN button and following the steps

Please note that once you have cancelled your subscription, you will continue to have access to the services until the end of the current billing period.

16. REFUND POLICY

We offer a refund for our services under the following conditions:

• If you are billed due to an error on our part, we will issue a full refund for the affected billing cycle.
• If you are not satisfied with our services and have not used them during the current billing cycle, you may request a refund within 7 days of the billing date.

To request a refund, please contact our support team at hana-bot@hanabitech.com with the following information:

• Your account details
• The reason for the refund request
• Any relevant details that may assist us in processing your request

Refunds will be processed through the same payment method used for the original transaction. Please allow up to 10 business days for the refund to reflect in your account.

17. LEMON SQUEEZY PAYMENT PROCESSING

All payments and subscriptions are processed securely throughLemon squeezy. We do not store your credit card information on our servers.Lemon squeezy's robust platform ensures that all transactions are handled with advanced encryption and security measures. Please note that we aim to handle all cancellation and refund processes automatically through Lemon squeezy, minimizing the need for manual intervention. If you encounter any issues with the automated process, our support team is available to assist you.

18. INDEMNIFICATION

You agree to indemnify and hold harmless Hanabi Technologies and (as applicable) Hanabi Technologies parent, subsidiaries, affiliates, third parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims, or demand, or actions including reasonable attorneys` fees asserted against or incurred by Hanabi Technologies, made by any third party arising out of your breach or non-performance of terms of use, Hanabi Technologies Policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party. The total value of this indemnity shall not exceed twice the fees you have paid toHanabi Technologies in the preceding one year.

19. SEVERABILITY AND WAIVER

Each provision of the terms of use is independent of each other. If any provision of the terms is found void and unenforceable or declared invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of terms of use, which shall remain valid and enforceable. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other terms.

20. BREACH OF THESE TERMS OF USE

If you have or we have reasonable grounds to believe that you have, violated these Terms of Use in any way, we can indefinitely suspend or terminate Your access to the Hana at any time, forfeit any amounts paid by You and report such action to relevant authorities. We reserve the right to take recourse to all available remedies under applicable law in furtherance of the above.

21. THIRD PARTY SITES

All third-party advertisements, hyperlinks or other redirection tools on the Website/App/Dashboard which take you to content operated by third parties and are not controlled by us and do not form part of the Website/App/Dashboard; we are not liable for any loss or harm that occurs to you as a result of such sites.

22. RELATIONSHIP BETWEEN HANABI TECHNOLOGIES AND ITS USERS

Use of the Website/App/Dashboard does not create any association, partnership, venture or relationship of principal and agent, master and servant or employer and employee between the User and the Company. Further, there is no relationship of principal and agent, master and servant or employer and employee between the third party service Providers and the Company or the Contractor and the Company.

23. ENTIRE AGREEMENT

The above-mentioned terms of use and/or Agreement and the Privacy Policy constitute the entire agreement between User and Hanabi Technologies and supersedes any and all prior or inconsistent understandings whether electronic, oral, or written, between you and us regarding this website/app/dashboard relating to Hanabi Technologies and your use of Hanabi Technologies’s service. No modification of these terms of use will be effective unless we authorize it. Terms cannot be changed or terminated orally. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of Terms.

24. TERMINATION

Most content and some of the features on the HANA App are made available to visitors free of charge. However, HANABI TECHNOLOGIESreserves the right to terminate access to certain areas or features of its web site/app/dashboard at any time for any reason, with or without notice. HANABI TECHNOLOGIES also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of HANABI TECHNOLOGIES and/or other visitors to the web site and HANABI TECHNOLOGIES App. HANABI TECHNOLOGIES reserves the right to limit, deny or create different access to the web site andHANABI TECHNOLOGIES App and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.

25. APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms of Use shall be governed by, interpreted, construed and enforced in accordance with the laws of India. Any or all disputes pertaining to the Website/App shall be subject to the exclusive jurisdiction of the appropriate courts in Amritsar, Punjab, India and you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction or otherwise.

26. FORCE MAJEURE

Without limiting the foregoing, under no circumstances shall Hanabi Technologies be held liable for any damage or loss due to deficiency in the performance of the Hanabi Technologies resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures.

27. GRIEVANCE OFFICER

In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Roopashi Aggarwal, Director, Today Solve Private Limited

You may write to her at the following address:
220, Basant Avenue, Amritsar, Punjab, India, 14300 OR

Email her at hana-bot@hanabitech.com
You shall receive a reply in five working days.

28. CONTACT US

Please contact us for any questions or comments (including all inquiries) regarding this Website/App/Terms of use at hana-bot@hanabitech.com

29. FAIR USE POLICY

Unlimited interactions in the Pro plan are intended for normal business operations. Automated or abusive usage via bots, scripts, or reselling is prohibited. We reserve the right to monitor usage and apply limits or throttling to protect service quality. Excessive consumption may require migration to a higher-tier plan or custom agreement.

30. PLAN CHANGES AND FEATURE AVAILABILITY

We may introduce new plans or premium features that are not included in legacy offerings. Feature availability is subject to change. We will provide 60 days notice for any price increase exceeding 10%, and customers may cancel if they do not agree to the new pricing.

31. LIABILITY AND INSURANCE DISCLOSURE

Standard terms include liability capped at the fees paid in the preceding 12 months. We are open to alternative risk mitigation approaches such as strong service level agreements, robust data security protocols and transparent incident response processes. Other key terms include mutual indemnification, the ability to terminate with 30 days notice (unused service refunded), fee increases with 60 days notice and an opt-out if the increase exceeds 10%, and disputes resolved via neutral international arbitration (ICC or JAMS). As our business evolves and we obtain insurance coverage, we will revisit these terms.

32. DATA DELETION AND ACCOUNT TERMINATION

Users and organizations may delete their accounts at any time. Upon deletion, all associated data is permanently removed from our systems. Refunds are generally not provided except in exceptional cases at our discretion.

33. JURISDICTION AND DISPUTE RESOLUTION

Any disputes will be resolved in a neutral venue or through recognized arbitration bodies such as ICC or JAMS.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access to or usage of this Website/App.