Terms of Service

By accessing or using the Vertext Digital Email Agent platform ("Service") at email-1nbh.onrender.com or sam.co.ke, you ("User") agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. If you do not agree with any part of these Terms, you must immediately discontinue use of the Service. These Terms constitute a legally binding agreement between you and Vertext Digital. Your continued use of the Service following any updates to these Terms constitutes your acceptance of the revised Terms.

Vertext Digital provides an AI-powered autonomous email management platform that connects to your Gmail account via Google OAuth 2.0, reads incoming emails, generates contextually relevant responses using large language models (LLMs), and sends replies on your behalf. The Service also supports upload of reference documents (knowledge base) which are vectorized and used to inform AI responses. The Service is designed for business use by individuals and organizations seeking to automate their email workflows.

To use the Service, you must: (a) be at least 18 years of age; (b) have a valid Google account with Gmail enabled; (c) have the legal authority to grant Gmail access permissions on behalf of yourself or your organization; (d) not be located in a jurisdiction where the Service is prohibited by law; and (e) agree to provide accurate and current information during the OAuth authorization process. Commercial entities must ensure that the individual connecting the Gmail account has proper authorization to do so on behalf of the organization.

By connecting your Gmail account, you explicitly grant Vertext Digital permission to: read emails in your Gmail inbox (gmail.modify scope); send emails from your Gmail address (gmail.send scope); and access your Gmail email address for identification (userinfo.email scope). You acknowledge that these permissions enable the Service to act autonomously on your behalf. You retain the ability to revoke this authorization at any time through your Google Account settings. Revoking authorization will immediately stop the Service from accessing your Gmail account.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service to: (a) send spam, unsolicited bulk emails, or engage in phishing activities; (b) violate any applicable laws or regulations including CAN-SPAM, GDPR, or CCPA; (c) impersonate another person or organization; (d) transmit malicious code, viruses, or harmful content; (e) attempt to gain unauthorized access to other users' accounts or our systems; (f) use the Service in any way that could damage our reputation or the integrity of the platform; or (g) resell or sublicense the Service without written permission.

You are solely responsible for any documents, content, or data you upload to the knowledge base feature. By uploading content, you represent and warrant that: (a) you own or have the necessary rights to the content; (b) the content does not infringe any third-party intellectual property rights; (c) the content does not contain confidential information of third parties without proper authorization; and (d) the content does not violate any applicable law. We reserve the right to remove any content that violates these Terms without notice.

You acknowledge that the email responses generated by our AI are automated and may not always be accurate, appropriate, or complete. Vertext Digital does not guarantee the accuracy, reliability, or suitability of any AI-generated response. You are solely responsible for reviewing AI-generated emails before or after they are sent, monitoring the quality of automated responses, any consequences arising from emails sent on your behalf, and ensuring AI responses comply with applicable laws, professional standards, and your contractual obligations. We strongly recommend periodic review of your email logs.

All intellectual property rights in the Service, including software, algorithms, user interfaces, documentation, and brand assets, are owned by or licensed to Vertext Digital. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes. You may not copy, modify, distribute, sell, or create derivative works of any part of the Service without our prior written consent. Any feedback, suggestions, or improvements you provide may be used by us without obligation to compensate you.

We implement robust technical and organizational measures to protect the confidentiality of your data, including AES-256-CBC encryption for OAuth tokens, TLS encryption for all data in transit, and role-based access controls. You are responsible for maintaining the confidentiality of your Google account credentials. You must notify us immediately if you suspect unauthorized access to your account. We will treat all information relating to your account and email communications as confidential and will not disclose it to third parties except as described in our Privacy Policy or required by law.

We strive to maintain high availability of the Service, but we do not guarantee uninterrupted, error-free operation. The Service may be temporarily unavailable due to: scheduled maintenance (we will provide advance notice where possible); emergency maintenance or security patches; third-party service outages (Google, Supabase, Groq, Render); or circumstances beyond our reasonable control. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We are not liable for any losses resulting from Service unavailability.

The current version of the Service may be offered at no charge during its testing and early access phase. We reserve the right to introduce subscription fees or usage-based pricing in the future. If we introduce fees, we will provide at least 30 days' advance notice to existing users. Continued use of the Service after the fee introduction date constitutes acceptance of the new pricing. Any applicable taxes are your responsibility. We will provide clear pricing information before any charges are applied to your account.

To the maximum extent permitted by applicable law, Vertext Digital and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with your use of the Service. This includes damages resulting from unauthorized access to your account, AI-generated email responses, or Service interruptions. Our total aggregate liability for any claims arising under these Terms shall not exceed the amount you paid us in the 12 months preceding the claim.

You agree to indemnify, defend, and hold harmless Vertext Digital and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) emails sent from your Gmail account through the Service; (e) content you upload to the knowledge base; or (f) any infringement of third-party rights by you or through your account.

Either party may terminate this agreement at any time. You may terminate by revoking Gmail access via Google Account settings and discontinuing use of the Service. We may terminate or suspend your access to the Service immediately, without prior notice or liability, if you breach these Terms, engage in fraudulent or illegal activities, or if we discontinue the Service. Upon termination: your access to the Service will immediately cease; we will delete your stored OAuth tokens and knowledge base data within 30 days; and any outstanding obligations survive termination.

These Terms are governed by the laws of Kenya, without regard to its conflict of law provisions. Any disputes arising under these Terms shall first be attempted to be resolved through good-faith negotiation between the parties. If negotiation fails, disputes shall be submitted to binding arbitration in Nairobi, Kenya. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm. For questions about these Terms, contact us at: sammyseth260@gmail.com | https://sam.co.ke.