Terms of Service, Dynamiq

Effective Date: 31 March 2025

Welcome to Dynamiq! These Terms of Service ("Terms") govern your use of our GenAI platform and related services ("Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Definitions

• "Company", "we," "our," or "us" refers to Dynamiq Technologies, Inc., a Delaware corporation.
• "Client", "you," or "your" refers to the organization or individual using the Services.
• "Platform" means Dynamiq's proprietary GenAI software-as-a-service solution.
• "PHI" means Protected Health Information as defined by HIPAA.
• "GDPR" refers to the General Data Protection Regulation (EU) 2016/679.

2. Use of the Services

You may use the Services only in accordance with these Terms and all applicable laws. You are responsible for maintaining the confidentiality of your account credentials and ensuring your users comply with these Terms.

You agree not to:

• Reverse engineer or copy any part of the Platform
• Use the Services for illegal or unauthorized purposes
• Introduce malware or disrupt network functionality

3. Intellectual Property

We own all rights, title, and interest in and to the Platform, including all intellectual property rights. Feedback you provide may be used to improve our Services.

4. Privacy & Data Processing

Your use of the Services is also governed by our Privacy Policy.

4.1 GDPR Compliance

We process personal data in accordance with the General Data Protection Regulation ("GDPR") and applicable data protection laws. Our legal basis for processing includes performance of a contract, consent, legal obligation, and legitimate interest, as applicable.

Clients located in the European Union may contact our GDPR representative:

‍Maria-Elena Tzanev
Email: mariaelena@getdynamiq.ai
Address: Milan, Italy

4.2 Data Subject Rights

Where applicable, users have the right to access, correct, delete, restrict, or object to the processing of their personal data, and to data portability. Requests can be submitted via the contact details provided in the Privacy Policy.

4.3 Subprocessors & International Transfers

We may engage third-party subprocessors to support our Services. A list of subprocessors is available upon request. Where required, we use Standard Contractual Clauses or other safeguards to legitimize international data transfers.

5. HIPAA Compliance

If you are subject to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and use our Services in a manner that involves PHI, we agree to enter into a separate Business Associate Agreement ("BAA"). The BAA will govern the use and disclosure of PHI and take precedence over any conflicting terms in this agreement.

We will implement appropriate administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of PHI, as required by HIPAA.

6. Data Breach Notification

We will notify you without undue delay, and no later than 72 hours after becoming aware, of any security incident that involves your data or PHI. Notifications will include the nature of the breach, potential impact, and remedial actions taken.

7. Modifications

We may update these Terms from time to time. Changes will become effective upon posting. Continued use of the Services constitutes acceptance of the updated Terms.

8. Limitation of Liability

To the maximum extent permitted by law, our liability is limited to the amount paid by you for the Services in the 12 months preceding the event giving rise to the claim. We are not liable for any indirect, incidental, special, or consequential damages.

9. Termination

We may suspend or terminate your access to the Services for cause, including violation of these Terms or applicable law. Upon termination, your right to use the Services ceases immediately.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to conflict of law principles.

11. Contact

For questions regarding these Terms, please contact us at:

‍Dynamiq Technologies, Inc.
1111B S Governors Ave STE 6798,
Dover, DE 19904; USA
Email: legal@getdynamiq.ai