Terms of Service

Thanks for joining ept.ai

These Terms of Service along with any other terms and policies referenced herein, and are incorporated herein by reference and form an integral part hereof, as amended from time to time (these “Terms”) constitute a legally binding agreement as of the Effective Date (as defined below), governing your access to, and the use of app.ept.ai www.ept.ai and any related website owned or operated by Ept AI (the “Sites”), and the use of, and registration with, ept.ai Service (defined below) through the Sites, a mobile application or through any other means. These Terms are between Ept AI, Inc (“ept AI”, “us”, “we” or “our”) and you, either individually, or on behalf of your employer or any other entity which you represent (“you” or “your”). Ept AI may use its affiliates, including third party service providers to process and/or collect payment from you. In case you represent your employer or another entity, you hereby represent that (i) you have full legal authority to bind your employer or such entity (as applicable) to these Terms; and (ii) after reading and understanding these Terms, you agree to these Terms on behalf of your employer or the respective entity (as applicable), and these Terms shall bind your employer or such entity (as the case may be). PLEASE NOTE THAT YOU ARE DEEMED AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER OR AN ENTITY (AS APPLICABLE): (I) IF YOU ARE USING YOUR EMPLOYER OR AN ENTITY’S EMAIL ADDRESS IN REGISTERING INTO THE SERVICE; AND (II) IF YOU ARE AN ADMIN (AS DEFINED BELOW).

AS ELABORATED IN SECTION 2 BELOW, THERE ARE VARIOUS TYPES OF USERS FOR THE SERVICE, THUS, EXCEPT WHERE INDICATED OTHERWISE “YOU” SHALL REFER TO CUSTOMER AND ALL TYPES OF USERS. YOU ACKNOWLEDGE THAT THESE TERMS ARE BINDING, AND YOU AFFIRM AND SIGNIFY YOUR CONSENT TO THESE TERMS, BY EITHER: (I) CLICKING ON A BUTTON OR CHECKING A CHECKBOX FOR THE ACCEPTANCE OF THESE TERMS; OR (II) REGISTERING TO, USING, OR ACCESSING THE SERVICE, SITES OR MOBILE APPLICATION, WHICHEVER IS EARLIER (THE “EFFECTIVE DATE”).

IF YOU DO NOT AGREE TO COMPLY WITH, AND BE BOUND BY, THESE TERMS OR DO NOT HAVE AUTHORITY TO BIND YOUR EMPLOYER OR ANY OTHER ENTITY (AS APPLICABLE), PLEASE DO NOT ACCEPT THESE TERMS OR ACCESS OR USE THE SERVICE OR THE SITES OR MOBILE APPLICATION.

1. Our Service

Ept AI provides a platform for users to access and utilize AI-powered services (the “Service”). The Service includes, but is not limited to, the following features:

• Access to a suite of AI-powered tools and applications.
• Integration with external data sources and services.
• Real-time data processing and analysis.
• Storage and retrieval of user-generated content and data.
• Access to a community of users and AI models.

The Service is provided on an “as is” and “as available” basis. Ept AI reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any service to which it connects, with or without notice and without liability to you.

2. Account Registration and Administration

To use the Service, you must register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify Ept AI immediately of any unauthorized use of your Account or any other breach of security. Ept AI will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

You may be granted access to certain areas of the Service that are restricted to certain users (“Admin”). You are responsible for maintaining the security of your Account and for all activities that occur under your Account. You must not assign, transfer, or sublicense your Account to any other person or entity.

3. Your Customer Data

By using the Service, you agree that Ept AI may collect, use, store, and process your data, including personal data (as defined in the Privacy Policy), for the purpose of providing and improving the Service, and for other legitimate business purposes. You are solely responsible for the content of your data and the consequences of its transmission through the Service.

You grant Ept AI a worldwide, royalty-free, non-exclusive, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content and materials you provide, including your data, solely for the purpose of providing and improving the Service and to permit users to do the same.

4. Proposed Response Rankings

Ept AI may, from time to time, propose response rankings for certain types of content or interactions within the Service. These rankings are intended to guide users in their use of the Service and are not binding on Ept AI. You agree that Ept AI may modify or discontinue any proposed response rankings at any time without notice to you.

5. Intellectual Property Rights; License

Ept AI owns and retains all proprietary rights, including all intellectual property rights, in and to the Service and its content, including, but not limited to, text, graphics, logos, icons, images, sound recordings, and software. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service and its content as expressly permitted by Ept AI in these Terms.

6. Privacy and Security

Your use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference. You agree to comply with all applicable laws regarding the collection, use, and storage of personal data.

Ept AI uses commercially reasonable security measures to protect your data, but no security system is impenetrable. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

7. Subscription Term, Renewal and Fees Payment

Ept AI offers different subscription tiers (“Subscription”) for the Service. Your subscription will automatically renew for successive periods of the same duration as the initial subscription period, unless you cancel your subscription in accordance with these Terms.

You agree to pay all fees and charges incurred by you or on your behalf through the Service, including any applicable taxes. You are responsible for all charges incurred through your Account.

Ept AI reserves the right to modify the fees and charges for the Service, or introduce new fees or charges, at any time. Such modifications will become effective upon posting on the Service or by direct notice to you.

8. Trial Service; Pre-Released Services

Ept AI may offer a free trial period for new users or pre-release versions of the Service. This trial or pre-release period is subject to these Terms, and Ept AI reserves the right to modify or discontinue the trial or pre-release at any time without notice.

9. Term and Termination; Suspension

These Terms will remain in effect until terminated by you or Ept AI. Ept AI may, in its sole discretion, at any time and for any or no reason, suspend or terminate these Terms with or without prior notice. This includes, but is not limited to, the right to deny you access to the Service.

Upon termination of these Terms, your right to use the Service will immediately cease. You understand that any termination of these Terms may cause you to lose access to the Service.

10. Confidentiality

You agree to maintain the confidentiality of all information obtained through the Service, including, but not limited to, your Account credentials and any data you submit to Ept AI. You agree not to disclose such information to any third party.

11. Warranty Disclaimer

The Service is provided to you “AS IS” and “AS AVAILABLE” with all faults and defects without warranty of any kind. To the maximum extent permitted by applicable law, Ept AI, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Ept AI provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

12. Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Ept AI and any of its suppliers under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or 100 USD if you haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall Ept AI or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of future revenues or otherwise) in connection with your use of the Service.

13. Specific Laws; Reasonable Allocation of Risks

You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Service. You are solely responsible for any violations of any relevant laws and regulations and for any consequences thereof. Ept AI, in its sole discretion, may suspend or terminate your Account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to the Service and the forfeiture and relinquishment of all Content in your Account. Ept AI reserves the right to refuse service to anyone for any reason at any time.

14. Indemnification

You agree to indemnify and hold Ept AI and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) and their respective directors, officers, employees, agents, partners and licensors (if any) (“Affiliates”) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Service; (b) violation of these Terms or any law or regulation; (c) violation of any right of a third party, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your User Submissions caused damage to a third party. This indemnification obligation will survive these Terms and your use of the Service.

15. Third Party Components within Our Service

The Service may include third-party components, including, without limitation, open-source software, third-party libraries, and other code (“Third-Party Components”). These Third-Party Components are provided solely for your convenience and are subject to their own licenses. Ept AI is not responsible for the performance or reliability of these Third-Party Components.

16. Export Controls; Sanctions

You agree to comply with all applicable export control laws and regulations when using the Service, including, but not limited to, the Export Administration Regulations of the United States Department of Commerce. You represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or on any such list maintained by the United States Department of Commerce or the United Nations Security Council.

17. Modifications

Ept AI reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any service to which it connects, with or without notice and without liability to you.

18. Government Use

The Service is for your personal, non-commercial use. You shall not, and shall not permit others to, copy, distribute, transmit, host, or in any way commercially exploit the Service or make the Service available to any third party.

19. Governing Law and Jurisdiction; Class Action Waiver and Mandatory Arbitration

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. The proper venue for any disputes arising out of or relating to these Terms shall be the state and federal courts located in San Francisco, California.

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Service, or the relationship between you and Ept AI, including the determination of the scope or applicability of this agreement to arbitrate, shall be finally settled by arbitration administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules (as amended from time to time) by one commercial arbitrator with substantial experience in resolving intellectual property and consumer protection disputes, and conducted, at your option, before the AAA in the county of San Francisco, California. The arbitrator shall be selected by mutual agreement of the parties. If the parties are unable to agree on a selection of an arbitrator, the AAA shall appoint an arbitrator in accordance with the AAA Consumer Arbitration Rules. The arbitrator shall have the power to award damages and to grant any non-monetary relief that the arbitrator deems appropriate to remedy any violation of this agreement by you or Ept AI, including injunctive relief. The arbitrator shall not have the power to award punitive or exemplary damages.

Notwithstanding the foregoing, you and Ept AI agree that if you initiate litigation against Ept AI in any state or federal court located in San Francisco, California, you hereby irrevocably submit to the exclusive personal jurisdiction and venue of such courts for the purpose of litigating any such dispute.

20. General Provisions

These Terms constitute the entire agreement between you and Ept AI regarding the use of the Service and supersede all prior and contemporaneous agreements, whether written or oral, relating to the Service.

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

The failure of Ept AI to exercise a right or require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Ept AI's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Ept AI may freely assign these Terms.

The section titles in these Terms are for convenience and have no legal or contractual effect.