Terms and Conditions of Service

1. About This Agreement

These Terms and Conditions ("Agreement") govern the use of the Searchmind.ai platform and all associated features and services (collectively, the "Service"), operated by DevaIQ Inc. ("DevaIQ", "we", "us"). By integrating or using the Service, you ("Client", "you") accept this Agreement on behalf of yourself or the organization you represent.

2. Acceptance of Terms

The Client accepts this Agreement through any one of the following actions:

• Online acceptance: clicking "I Agree", "Accept", or an equivalent checkbox or button during account registration or onboarding on the Searchmind.ai platform.
• Contractual acceptance: executing a written or electronic Service Agreement, Order Form, or Master Services Agreement with DevaIQ Inc. that references these Terms.
• Conduct-based acceptance: integrating or activating any component of the Service, including pixel, API, or any discovery feature, in a production or testing environment.

If the Client does not agree to these Terms, they must not activate or use the Service. Acceptance by an individual on behalf of an organization represents that such individual has authority to bind the organization to this Agreement.

3. Description of the Service

Searchmind.ai is an AI-powered product discovery and analytics platform. The Service encompasses a suite of features that may evolve over time. Current and future features include, without limitation:

• Search & Autocomplete: semantic and AI-powered search with real-time query suggestions.
• AI-Powered Discovery: conversational, agentic, and chat-based product discovery experiences (which may be offered under names including, but not limited to, Chat AI, Agentic AI Discovery, or similar).
• Product Recommendations: personalized product suggestions based on behavioral signals and catalog data.
• Results Personalization: adaptive ranking and filtering tailored to individual user context.
• Agentic Customer Support: access to Client-provided knowledge bases or support data to deliver AI-assisted responses to end-user queries.
• UI/UX Discovery Components: front-end widgets, overlays, and interface elements that surface discovery features within Client storefronts.
• Analytics & Reporting: dashboards and reports covering search performance, conversion metrics, revenue attribution, and keyword health.

Feature names and service offerings may change over time. This Agreement covers all current and future features made available under the Searchmind.ai platform, regardless of how they are named.

4. AI-Powered Features: Disclaimer of Accuracy

4.1 Nature of AI Results

All discovery features of the Service, including search, autocomplete, chat, agentic, recommendation, and personalization, are powered in whole or in part by artificial intelligence, natural language processing, and semantic models (collectively, "AI Features"). The behavior and output of AI Features may change as underlying models are updated or improved.

4.2 No Warranty on AI Outputs

DevaIQ expressly disclaims any warranty regarding results generated by AI Features, including:

• Autocomplete suggestions that may surface incorrect or irrelevant terms.
• Search results that may not precisely match user intent or product specifications.
• Chat, agentic, or conversational responses that may contain errors or omissions.
• Recommendations or personalized results that may not reflect current inventory or pricing.
• Support responses that may be incomplete or not applicable to a specific user situation.

4.3 Client Responsibility

The Client is solely responsible for:

• Validating that AI Features produce appropriate results for their catalog before going live.
• Disclosing to end users that search, discovery, and support features may be AI-generated and subject to error.
• Any decisions made by end users or the Client based on AI-generated outputs, including purchases, product selections, or reliance on support responses.

DevaIQ shall not be liable for any loss or damage arising from incorrect or misleading outputs produced by AI Features across any modality of the Service.

5. Data Collection and Processing

5.1 What We Collect

To operate the Service, DevaIQ collects data from Client storefronts and integrations, including:

• Search queries, autocomplete interactions, and conversational inputs.
• Product click events, recommendation interactions, and navigation behavior.
• Purchase events, including order identifiers, product IDs, and order values.
• Support queries and interaction logs where agentic support features are enabled.
• Technical metadata: session identifiers, device type, browser environment, and timestamps.

DevaIQ does not collect names, email addresses, payment card numbers, or other directly identifying personal information of end users unless explicitly configured and consented to by the Client.

5.2 Purpose of Processing

Collected data is used to:

• Power real-time search, discovery, recommendation, and support features within Client storefronts.
• Generate analytics, performance reports, and revenue impact metrics for the Client.
• Improve, train, and refine the AI and machine learning models underlying the Service (see Section 6).
• Detect and prevent abuse, fraud, or technical failures.

5.3 Order Values and Revenue Data

Order values and transactional data are used exclusively to calculate conversion metrics, revenue attribution, and performance reports delivered to the Client. This data is aggregated and never disclosed to third parties in identifiable form.

5.4 Data Ownership

The Client retains ownership of all data generated by its storefront and end users. DevaIQ acts as a data processor on behalf of the Client. Processed outputs remain available to the Client throughout the term of this Agreement.

6. DevaIQ's Use of Aggregated and Anonymized Data

6.1 Algorithm and Model Improvement

The Client grants DevaIQ a perpetual, non-exclusive license to use anonymized and aggregated data derived from Client interactions, including search patterns, click behavior, and conversion signals, for the purpose of improving, training, and optimizing DevaIQ's algorithms, AI models, and platform capabilities. Such data will be anonymized such that no individual end user or Client storefront can be identified.

6.2 Internal KPIs and Benchmarking

DevaIQ may use aggregated, anonymized data across its client base to calculate internal performance indicators, platform benchmarks, and business metrics. In all such uses, individual Client identity and storefront data will not be disclosed or attributable to any specific Client.

6.3 Case Studies and Commercial Agreements

Where a separate commercial agreement exists between DevaIQ and the Client, including but not limited to partnership agreements, co-marketing arrangements, or promotional collaborations, DevaIQ may produce case studies, success stories, or performance reports that reference the Client by name and include specific performance metrics. Such use requires prior written consent from the Client, which may be included in the applicable commercial agreement.

7. Data Sharing and Disclosure

DevaIQ will NOT:

• Sell, rent, or trade Client data or end-user data to any third party.
• Use Client data for advertising or to build profiles for external marketing.
• Share identifiable Client data with other DevaIQ clients.

DevaIQ MAY share data only in the following circumstances:

• With subprocessors (e.g., cloud infrastructure providers) strictly for operating the Service, bound by confidentiality obligations no less protective than this Agreement.
• When required by applicable law or valid legal process, and only to the extent necessary.
• With the Client's explicit prior written consent.

8. Data Retention and Deletion

DevaIQ retains event-level data for the duration of the Agreement plus up to 12 months thereafter for audit and continuity purposes, unless the Client requests earlier deletion. Aggregated, anonymized statistical data and model training derivatives may be retained indefinitely.

Upon termination, the Client may request export of their analytics data. DevaIQ will complete deletion of identifiable Client data within 30 days of a verified deletion request.

9. Security

DevaIQ implements commercially reasonable technical and organizational measures to protect data, including encryption in transit (TLS), access controls, and regular security reviews. No system is completely secure, and DevaIQ cannot guarantee absolute security.

10. Client Responsibilities

By using the Service, the Client represents and warrants that it:

• Has a lawful basis to collect and share end-user interaction data with DevaIQ, including compliance with applicable privacy laws (e.g., GDPR, CCPA, or local equivalents).
• Has published a privacy policy disclosing the use of third-party services for search optimization, analytics, and AI-powered discovery.
• Has disclosed, or will disclose, to end users that discovery and support features may be AI-generated and subject to error.
• Will not use the Service to process data of children under 13 (or applicable minimum age) without appropriate safeguards.

11. Service Availability and Modifications

DevaIQ will use reasonable efforts to maintain Service availability. The Service is provided "as is" without warranties of uninterrupted uptime. DevaIQ reserves the right to modify, rename, suspend, or discontinue features with reasonable prior notice.

12. Intellectual Property

The Searchmind.ai platform, including its algorithms, AI models, software, and discovery components, is the exclusive property of DevaIQ Inc. This Agreement grants the Client a limited, non-exclusive, non-transferable right to use the Service during the term of the Agreement. No ownership rights in the platform are transferred to the Client.

13. Limitation of Liability

To the maximum extent permitted by applicable law, DevaIQ's total liability shall not exceed the fees paid by the Client in the three (3) months preceding the claim. DevaIQ shall not be liable for indirect, incidental, consequential, or punitive damages, including damages arising from reliance on AI-generated search results, recommendations, autocomplete suggestions, or agentic support responses.

14. Term and Termination

This Agreement remains in effect for the duration of the Client's active subscription or integration of the Service. Either party may terminate with 30 days' written notice. DevaIQ may suspend or terminate immediately for material breach, including unauthorized use.

15. Governing Law

This Agreement is governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Disputes shall be resolved through binding arbitration or in courts of competent jurisdiction in Delaware.

16. Changes to This Agreement

DevaIQ may update these Terms from time to time. Clients will be notified of material changes at least 15 days in advance via email or in-platform notice. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

17. Contact

For questions about these Terms or data processing practices:

• Company: DevaIQ Inc.
• Service: Searchmind.ai
• Email: info@searchmind.ai
• Website: https://searchmind.ai