Terms of Service

1.Who we are

SEAYA is provided by 3XAYA LTD, a company registered in England and Wales, with its registered office at 128 City Road, London, EC1V 2NX, United Kingdom ("3XAYA", "we", "us", "our"). Our director is Omid Romal.

You can contact us at any time by email at hello@3xaya.com. Our website is seaya.ai.

2.These terms

These Terms of Service (the "Terms") form a legal agreement between you and 3XAYA LTD. They apply whenever you use SEAYA, whether on our website, in a browser, in our desktop or mobile apps, or through any other way we make it available (together, the "Service").

By using the Service, creating an account or buying a plan or credits, you agree to these Terms. If you do not agree, please do not use the Service.

How we handle personal data is explained in our Privacy Policy, and how we use cookies and similar technologies is explained in our Cookie Policy. Both form part of how the Service works, so please read them too.

These Terms are written in English. If we provide a translation, the English version is the binding version, except where the law of your country requires otherwise.

3.The Service

SEAYA is a general-purpose AI assistant. Depending on your plan, the Service lets you, among other things:

• chat with an AI assistant and receive written answers;
• create files, documents and other content;
• search the web and read public web pages to answer your questions;
• attach and read files so the assistant can work with them;
• write code and view live previews of what it builds;
• use the SEAYA Agent, which browses websites for you in a private cloud browser and carries out tasks you ask for;
• organise your work in projects, let SEAYA remember useful facts (memory), and share chats by link.

The Service is powered by AI models that we obtain from third-party AI model providers. We may add, change, improve or remove features and models over time. If we make a change that significantly reduces what a paid plan includes, we will tell you in advance and you can cancel as described in section 7.

We work hard to keep the Service available, but we do not promise that it will always be available, uninterrupted or error-free. We may need to suspend parts of it for maintenance, security or reasons outside our control.

4.Who can use SEAYA

You must be at least 13 years old to use the Service. If you live in a country of the European Union (or elsewhere) where the law requires a higher age to agree to the processing of your personal data without parental consent, you must be at least that age (up to 16), or have the consent of your parent or guardian.

If you are under 18, you confirm that a parent or guardian has read and agreed to these Terms with you. Paid plans and credits may only be bought by adults, or with the permission of a parent or guardian.

If you use the Service on behalf of an organisation, you confirm that you are authorised to accept these Terms for that organisation, and "you" includes that organisation.

5.Your account

You can try SEAYA as a guest with a small free allowance, without an account. Guest chats stay in your browser. To keep your chats, use more features or buy a plan, you need to create an account with your email address.

• Give us accurate information and keep your email address up to date.
• Keep your login details secure and do not share your account. You are responsible for activity on your account unless it happens because of our fault.
• Tell us straight away at hello@3xaya.com if you think someone has accessed your account without your permission.

6.Plans, credits and usage

Plans

We currently offer these plans:

• Basic — free, with a limited monthly usage allowance.
• Pro — US$20 per month.
• Max — US$100 per month.

Each plan includes a monthly usage allowance. What each plan includes is shown on our pricing page and in the app at the time you subscribe. Allowances reset at the start of each billing period and unused allowance does not carry over.

Credits

You can also buy prepaid credits, which are used when you go beyond your plan's allowance or use features that consume credits. You can optionally turn on automatic top-up: when your credit balance falls below the level you choose, we will charge your saved payment method for the top-up amount you chose. You can turn automatic top-up off at any time in your settings.

Credits have no cash value, cannot be transferred or exchanged for money, and can only be used on the Service. They are non-refundable except where the law requires a refund (see section 8).

Fair use

To keep the Service fast and fair for everyone, we may apply reasonable rate limits, and we may limit usage that is automated, abusive or far outside normal personal or professional use.

7.Payments, renewal and cancellation

Payment

Payments are processed by our payment provider, Stripe. You give your card or other payment details directly to Stripe; SEAYA never sees or stores your full card details. Prices are shown in US dollars. Depending on where you live, VAT or sales tax may be added at checkout where applicable, and the final amount is always shown before you pay.

Automatic renewal

Paid plans are monthly subscriptions. They renew automatically every month and we charge your payment method at the start of each billing period until you cancel. If a payment fails, we may retry it, and if it still cannot be collected we may move your account to the free Basic plan.

Cancelling

You can cancel at any time in Settings → Plan & billing, which opens the Stripe customer portal. Cancellation takes effect at the end of your current billing period: you keep your paid plan until then, and you will not be charged again. You can also switch between Pro and Max there.

Price changes

We may change our prices. If we change the price of your subscription, we will tell you by email at least 30 days before the change applies to you, so you can cancel before you are charged the new price.

8.Your right to cancel and refunds

If you are a consumer in the United Kingdom or the European Union, you normally have a legal right to withdraw from a contract for digital services within 14 days of entering into it, without giving a reason.

The Service is a digital service that starts immediately. When you buy a plan or credits, we ask you to agree that the Service starts straight away and to acknowledge that, as a result, you lose your 14-day right to withdraw once the Service has started (for credits, once you start using them). Where the law gives you a right to a proportionate refund for the part of the period you have not used, we will honour it.

Apart from that, payments for plans and credits are non-refundable, except where the law requires a refund, or where we decide to give one. This does not affect your statutory rights: if the Service is faulty or not as described, you may be entitled to a repair, a price reduction or a refund under consumer law. Contact us at hello@3xaya.com and we will help.

9.Your content and AI output

Your content

You keep all rights in the prompts, messages and files you give to the Service ("Input"). You give us a limited licence to host, process and transmit your Input only as needed to provide, secure and support the Service for you, including sending it to our AI model providers and other service providers described in our Privacy Policy.

You confirm that you have the rights needed to share your Input with us, and that it does not break the law or anyone else's rights.

AI output

As between you and us, you own the answers, files and other content the Service generates for you ("Output"), and you may use it for any lawful purpose, subject to these Terms and the rights of others. Other users may receive similar or identical output.

AI can be wrong. Output is generated automatically and may be inaccurate, incomplete, out of date or offensive, and it may look confident even when it is wrong. Check important information yourself. Do not rely on Output as a substitute for professional advice, for example medical, legal, financial or safety advice, and do not use it as the only basis for decisions that could seriously affect you or others.

Shared links

If you share a chat, anyone with the link can view it until you delete the shared link or the chat. Only share what you are comfortable making public.

Feedback

If you send us ideas or feedback, we may use them to improve the Service without any obligation to you.

10.Web search and the SEAYA Agent

When you use web search or the SEAYA Agent, the Service visits public websites on your behalf. Websites are run by third parties: we do not control them and are not responsible for their content, availability or terms.

The SEAYA Agent acts on your instructions, so please use it responsibly:

• You are responsible for the tasks you ask the Agent to carry out and for their results.
• Do not ask the Agent to make purchases, send messages, submit forms, accept terms, create accounts or sign in to services unless you have the right to do so and clearly intend that action. The Agent may ask you to confirm, or refuse, actions of this kind.
• Do not use the Agent to break a website's terms, get around security measures or CAPTCHAs, collect personal data about others without a lawful basis, or for anything that would break section 11.
• Review what the Agent did before relying on it, especially for anything important.

11.Acceptable use

You must not use the Service, or help anyone else use it, to:

• break any law or regulation, or create, share or seek content that is illegal;
• create or share content that sexually exploits or harms children, or that promotes terrorism or violent extremism;
• harass, threaten, bully, defraud, impersonate or discriminate against anyone;
• infringe anyone's intellectual property, privacy or other rights, or process other people's personal data without a lawful basis;
• create malware, plan cyber attacks, or gain unauthorised access to any system, account or data;
• generate spam, misleading content or disinformation intended to deceive people, including passing off AI output as human-written where that is misleading or prohibited;
• try to break, overload, probe or reverse-engineer the Service, get around its limits, safety measures or billing, or access it by automated means other than the interfaces we provide;
• resell, sublicense or provide the Service to others as your own product, or use it to build a competing AI service, without our written permission;
• use the Service in a way that could harm us, our users or our service providers.

We may refuse requests, remove content or limit features that we reasonably believe break these rules.

12.Our rights

The Service, including our software, design, logos and the SEAYA name, belongs to 3XAYA LTD or our licensors and is protected by law. We give you a personal, non-exclusive, non-transferable right to use the Service in line with these Terms. You must not copy, modify or distribute any part of the Service except as these Terms allow.

13.Privacy and your data

Our Privacy Policy explains what personal data we collect, why, who we share it with and your rights under UK and EU data protection law.

You can delete individual chats, all your chats and your memories in the app at any time. To delete your account or receive a copy of your data, email us at hello@3xaya.com.

14.Suspension and ending these terms

You can stop using the Service at any time. You can cancel a paid plan as described in section 7 and ask us to delete your account by emailing hello@3xaya.com.

We may suspend or close your account, or restrict your access, if you seriously or repeatedly break these Terms, if we must do so by law, or to protect the Service, our users or others. Where reasonable, we will tell you first and give you a chance to fix the problem. If we close your account without you having broken these Terms, we will refund any unused prepaid amounts for the remaining period or unused credits.

If we decide to stop providing the Service altogether, we will give you reasonable notice and refund any amounts you have paid for a period or credits you cannot use.

15.Our responsibility to you

We provide the Service with reasonable care and skill. Beyond that, and to the extent the law allows, the Service is provided "as is" and "as available", and we do not give any other promises about it, including that Output will be accurate or fit for a particular purpose.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law, and nothing affects your statutory rights as a consumer.

If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. We are not responsible for loss or damage that was not foreseeable, for losses caused by your own breach of these Terms, or for business losses (such as lost profits or business opportunities), since the Service is provided for personal use unless you use it on behalf of an organisation.

If you use the Service for business purposes, to the extent the law allows, we are not liable for indirect or consequential loss, or for loss of profits, revenue, data or goodwill, and our total liability arising from or in connection with the Service in any 12-month period is limited to the greater of the amount you paid us in that period and £100.

We are not responsible for delays or failures caused by events outside our reasonable control, or for third-party websites and services that the Service links to or visits for you.

16.Changes to these terms

We may update these Terms from time to time, for example when we change the Service or when the law changes. The "Last updated" date at the top shows when they were last changed. If a change materially affects you, we will tell you in advance by email or in the app. If you do not agree with the change, you can stop using the Service and cancel your plan before it takes effect.

17.Governing law and disputes

These Terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction.

If you are a consumer living elsewhere in the United Kingdom or in the European Union, you keep the protection of the mandatory laws of your country, and you can also bring proceedings in the courts of the country where you live.

If you have a complaint, please contact us first at hello@3xaya.com. We will try to resolve it quickly and fairly.

18.General

• If any part of these Terms is found to be unenforceable, the rest stays in force.
• If we do not enforce a right straight away, we can still enforce it later.
• You may not transfer your rights under these Terms to anyone else without our consent. We may transfer our rights to another organisation if this does not reduce your rights under these Terms.
• These Terms are between you and us; no one else has any rights to enforce them.

19.Contact us

3XAYA LTD, 128 City Road, London, EC1V 2NX, United Kingdom. Email: hello@3xaya.com.