Terms of Service
1. Services
1.1 Provision of Services. Provider makes available a hosted software platform, including AI-enabled functionality (the "Services"), for Customer's internal business use.
1.2 Modifications. Provider may update or modify the Services from time to time, provided such changes do not materially reduce the core functionality of paid subscriptions.
1.3 Availability & Support. Provider will use commercially reasonable efforts to maintain availability of the Services, excluding scheduled maintenance and events outside its reasonable control. Support is provided as described in applicable plan terms.
2. Accounts and Acceptable Use
2.1 Accounts. Customer is responsible for all activity under its accounts and for maintaining the confidentiality of login credentials. By creating an account, you consent to receive transactional emails related to your use of the Services, including but not limited to account verification, password resets, security alerts, and service notifications. These communications are a necessary part of the Services and are not marketing messages.
2.2 Acceptable Use. Customer shall not: (a) reverse engineer or attempt to extract source code; (b) resell, sublicense, or provide access to third parties; (c) use the Services to violate applicable law or third-party rights; or (d) interfere with the integrity or performance of the Services.
3. Customer Data
3.1 Ownership. Customer retains all right, title, and interest in and to Customer Data.
3.2 License. Customer grants Provider a limited, non-exclusive license to host, process, and use Customer Data solely to provide, maintain, and improve the Services.
3.3 Responsibilities. Customer represents and warrants that it has all necessary rights to provide Customer Data and that such data does not violate applicable law.
4. Fees and Payment (Paid Plans)
4.1 Fees. Customer agrees to pay all fees specified at purchase or in an Order Form.
4.2 Payment Terms. Fees are due as specified and are non-refundable except as required by law.
4.3 Taxes. Fees exclude applicable taxes, which Customer is responsible for paying.
5. Confidentiality
Each party agrees to use reasonable care to protect the other party's Confidential Information and to use such information only as necessary to perform under these Terms. Confidential Information does not include information that is publicly available, independently developed, or lawfully obtained from a third party.
6. Data Security
6.1 Security Measures. Provider will maintain reasonable administrative, technical, and physical safeguards designed to protect Customer Data. You can visit our Privacy Policy for more information.
6.2 Security Incidents. Provider will notify Customer without undue delay of any confirmed unauthorized access to Customer Data that materially compromises its security and will take reasonable steps to mitigate the effects.
7. Intellectual Property
Provider retains all right, title, and interest in and to the Services, including all software, models, and underlying technology. Customer may provide feedback, which Provider may use without restriction or obligation.
8. AI Features
8.1 Functionality. The Services include AI-powered features that analyze Customer Data to generate insights, forecasts, and responses.
8.2 Limitations. AI outputs are probabilistic and provided for informational purposes only. Customer is solely responsible for decisions made based on such outputs.
8.3 Data Usage. Customer Data is used only within Customer's instance and is not used to train models for other customers. Provider may use anonymized and aggregated data to improve the Services.
9. Warranties and Disclaimers
9.1 Service Warranty. Provider warrants that the Services will operate in material conformity with applicable documentation.
9.2 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES (INCLUDING AI FEATURES) ARE PROVIDED "AS IS," AND PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. Limitation of Liability
10.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
10.2 Liability Cap. EXCEPT FOR CUSTOMER'S PAYMENT OBLIGATIONS OR BREACH OF SECTION 2, EACH PARTY'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Indemnification
11.1 By Provider. Provider will defend and indemnify Customer against third-party claims alleging that the Services infringe intellectual property rights, excluding claims arising from Customer Data, misuse, or unauthorized modifications.
11.2 By Customer. Customer will defend and indemnify Provider against claims arising from Customer Data or Customer's violation of these Terms.
11.3 Process. The indemnifying party will control the defense and settlement of claims, and the other party will reasonably cooperate.
12. Term and Termination
Customer may stop using the Services at any time. Provider may suspend or terminate access for breach or misuse. Upon termination, Customer's access will cease, and Provider will provide a reasonable opportunity to export Customer Data.
13. Free Plan (Limited Use)
If Customer uses a free version of the Services ("Free Plan"):
- Limited Functionality. Features, usage limits, and availability may be restricted or modified at any time.
- No Support or SLA. The Free Plan is provided without support commitments. Further, access may be revoked or suspended at any time for any reason, including due to inactivity.
- Data Limitations. Provider may impose limits on storage, usage, or retention of Customer Data.
- No Warranties. The Free Plan is provided "as is," without any warranties.
- Limited Liability. Provider's total liability for the Free Plan will not exceed $100.
- Upgrade Requirement. Continued access to certain features may require upgrading to a paid plan.
14. General
These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Provider may update these Terms from time to time, and continued use of the Services constitutes acceptance. These Terms constitute the entire agreement between the parties regarding the Services.