eSapiens

eSapiens Terms of Use

Effective Date: June 1, 2024

Welcome to eSapiens! Before accessing our services, please read these Terms of Service carefully. These Terms of Service ("Terms") apply to your use of all products and services provided by eSapiens, including those we offer to enterprise customers ("Services"). These Terms constitute a contract between you and eSapiens. By accessing our Services, you agree to these Terms.

Please read our Privacy Policy, which describes how we collect and use personal information.

TABLE OF CONTENTS1. About Us2. Account Creation and Access3. Use of the Services4. Prompts, Outputs, and Materials5. Feedback6. Subscriptions, Fees, and Payment7. Software Updates8. Third-party Services and Links9. Ownership and Intellectual Property10. Disclaimer of Warranties, Limitations of Liability, and Indemnity11. General Terms1. About UseSapiens is dedicated to providing advanced AI solutions. We partner with enterprise customers to offer tailored AI services to their employees, who can access these services via invitation-based registration.2. Account Creation and Access

Minimum Age:
You must be at least 18 years old, or the minimum age permitted by your jurisdiction to use the Services, whichever is higher.
Your eSapiens Account:
To access our Services, enterprise customers will create accounts for their employees. You agree to provide accurate, current, and complete account information and allow us to use this information to communicate with you about our services. Any notices we send using your account information will satisfy any legal communication requirements.
You must not share your account login details or credentials with others, nor provide your account for others to use. You are responsible for all activities conducted through your account and agree to notify us immediately of any unauthorized access by emailing admin@esapiens.ai.
Corporate Domain:
If you use an email address owned by your employer or another organization, your account may be linked to that organization’s
eSapiens enterprise account, and the organization’s administrators may monitor and control your account, including accessing your profile. We will notify you before linking your account to the enterprise account unless the organization has already informed you of this possibility.
Evaluation and Additional Services:
We may allow you to evaluate our Services for a limited time or with limited features. Evaluation of the use of our services is for personal, non-commercial purposes only.
You may be required to agree to additional terms to use certain services. These additional terms will supplement these and may change your rights or obligations, including your obligation to pay fees.

3. Use of the ServicesYou may only access and use our Services in accordance with these Terms, our Acceptable Use Policy, and any guidelines or supplementary terms we may post.
You must not access or use our services, or assist others in doing so:

In violation of any applicable laws or regulations, including those regarding the export of data or software to and from the United States or other countries.
To develop products or services that compete with our Services, including developing or training any artificial intelligence or machine learning algorithms or models.
By reverse engineering, decompiling, disassembling, or otherwise reducing the Services to human-readable form, except where applicable law prohibits such restrictions.
To scrape, collect, or otherwise harvest data or information from our Services, unless permitted under these Terms.
To gain unauthorized access to systems or information or to deceive any person.
To infringe, misappropriate, or violate intellectual property or other legal rights (including rights of publicity or privacy).
Using automated or non-human means to access the Services, such as robots, scripts, or other methods, except via the eSapiens API Key or other explicitly permitted means.
Engaging in activities that restrict or inhibit others' use or enjoyment of our Services, or that we reasonably believe expose us or our users, affiliates, or any other third party to any liability, harm, or any type of loss, including reputational harm.

You must not misuse, damage, interfere with, or disrupt our Services, including introducing viruses or malicious software, sending spam, or conducting DDoS attacks, or circumventing any of our systems or protections.4. Prompts, Outputs, and MaterialsYou may submit text, documents, or other materials for processing by our Services (“Prompts”). Our Services may generate responses based on your Prompts (“Outputs”). Prompts and Outputs are collectively referred to as “Materials.”

Rights in Materials:
You are responsible for all Prompts submitted to our Services. By submitting Prompts, you represent and warrant that you have all rights, licenses, and permissions necessary to process the Prompts. You also represent and warrant that your submission of Prompts will not violate these Terms, our Acceptable Use Policy, or any applicable laws or regulations. To the extent permissible by law, you retain any rights, title, and interest in the Prompts you submit. Subject to your compliance with these Terms, we assign to you all rights, title, and interest (if any) we may have in the Outputs.
Reliance on Outputs:
Artificial intelligence and large language models are advanced technologies, and accuracy, reliability, and safety are still improving. When using our Services, you acknowledge and agree:
- Outputs may not always be accurate and may contain substantial errors even if they appear detailed or specific.
- You should not rely on any Outputs without independently verifying their accuracy.
- Services and any Outputs may not reflect correct, up-to-date, or complete information.
- Outputs may contain content that does not represent eSapiens' views.
Use of Materials by Us:
We may use Materials to provide, maintain, and improve the Services and to develop other products and services. We will not train our models on non-public Materials except in two scenarios:
1. If you provide feedback on any Materials (through the Services or otherwise), we may use that feedback as described in Section 5 (Feedback).
2. If your Materials are flagged for trust and safety review, we may use or analyze those Materials to improve our ability to detect and enforce Acceptable Use Policy violations, including training models for our trust and safety team, in alignment with eSapiens' security mission.

5. FeedbackWe welcome feedback, including improvement ideas and suggestions or rating prompts responses (“Feedback”). If you rate a prompt response, such as by using a thumbs-up/thumbs-down icon, we will store the associated conversation as your Feedback. You are not obligated to provide Feedback, but if you do, you agree that we may use it in any way we choose, without any obligation or compensation to you.6. Subscriptions, Fees, and PaymentFee Structure:You agree to pay the fees associated with the subscription plan you select, which may include the Free, Express, Enterprise, or Singularity plans. Subscription fees are billed according to the billing cycle you choose—monthly or annually. Please note that fees are subject to change. If there is an increase in fees, we will notify you before the start of your next billing cycle.
Payment Information:When subscribing to any of our plans, you must provide accurate and up-to-date billing information. By submitting your payment details, you authorize us to charge your chosen Payment Method for the subscription fees on the renewal date. If a payment fails or is delayed, your subscription may be suspended or terminated without notice.
Non-Refundable Fees:Except as required by law or stated otherwise, all subscription payments are non-refundable. If you choose to cancel your subscription, you will continue to have access to the Services until the end of your current billing cycle.
Changes to Subscription Content:Subscription plans include varying levels of access to services, features, and AI models, such as GPT-4, Claude, Gemini, and others. These models and features may differ across plans, and we reserve the right to modify or update the available features at any time. Such changes may require you to upgrade your subscription plan to retain access to certain features.
Third-Party Content and Integrations:Our Services may be used in connection with third-party content, services, or integrations. Please note that we do not control and are not responsible for any loss or damage arising from your use of third-party services or content. These third-party services are provided at your own risk and are governed by their own terms, conditions, and privacy policies.
Pricing and Billing:The current pricing for subscription plans is displayed on our website and is subject to change. Any adjustments to the pricing will be communicated to you in advance. Subscriptions are available with monthly or annual billing cycles, with the potential for discounts on annual payments.7. Software UpdatesWe regularly update our software to ensure it remains efficient, secure, and aligned with new technological advancements. These updates may include fixes, new features, or improvements to existing services. Updates can be manual or automatic, and you may receive them without prior notice.Some updates may include open-source software or third-party software components. If any conflicts arise between these Terms and third-party software terms (such as open-source licenses), the third-party terms will apply to that specific portion of the software.

Subscription Plan Specific Updates: Users on higher-tier plans (such as Enterprise or Singularity) will receive access to exclusive updates and services that are not available to users on lower-tier plans. This may include new AI models, additional reasoning capabilities, and professional support.
Access to New Features: Certain features or updates may require users to upgrade to a higher subscription plan, particularly for exclusive tools or access to advanced AI capabilities like Claude, GPT-4, or DeepSeek models.

8. Third-party Services and LinksOur Services may integrate with or include links to third-party content, tools, or services. These third-party services are provided by external organizations and may offer features such as additional AI models, integrations, or tools. While we strive to ensure a seamless experience, we do not control or monitor these third-party services, and they are subject to their own terms, conditions, and privacy policies.

Use of Third-party Services: By using our services, you acknowledge and agree that any third-party content or service you access through our platform is at your own risk. We are not responsible for any loss, damage, or issues that arise from the use of these third-party services.
Liability Disclaimer: We make no representations or warranties regarding the availability, functionality, or accuracy of third-party services. You are solely responsible for reviewing and understanding the terms and policies of these external services.

9. Ownership and Intellectual PropertyThe Services are owned, operated, and provided by us and our affiliates, licensors, distributors, and service providers (collectively “Providers”). We and our Providers retain all respective rights, titles, and interests, including intellectual property rights, in and to the Services.

Subscription and Content Ownership: Users retain ownership of any data or content uploaded to the platform. However, we retain the right to use such data to improve the functionality of the Services, in line with the terms outlined in our privacy policy.
Enterprise-Level Custom Development: Ownership and intellectual property rights regarding enterprise-level customized AI development will be addressed separately in a customized agreement. For enterprise clients, we offer tailored AI agent design and support, and intellectual property rights for custom-built solutions will be defined in individual contracts.
AI Agent Rights: The development, licensing, and support of AI Agents under the "Singularity" plan will be customized per the client's needs and contractual terms.

10. Disclaimer of Warranties, Limitations of Liability, and IndemnityNo Warranties:The Services and Materials are provided "as is" and "as available," without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we and our Providers disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, availability, security, privacy, compatibility, and non-infringement. We do not guarantee the performance, security, or availability of the Services at any given time.
Accuracy of Outputs:The Outputs generated by the AI models available through our Services, such as GPT-4, Gemini, Claude, or other models included in different subscription tiers, may not always be accurate, complete, or reliable. These Outputs may contain errors, and we do not take responsibility for any harm caused by reliance on them. You agree to verify any critical information independently and acknowledge that Outputs are provided for general informational purposes.
Limitations of Liability:In no event will we, our Providers, or our affiliates, officers, employees, agents, or other representatives be liable for any damages, whether direct, indirect, incidental, special, punitive, or consequential, arising out of or in connection with the Services or these Terms. This includes, but is not limited to, damages arising from the inability to use the Services, loss of data, business interruptions, or any other loss related to the use of the Services.

Cap on Liability:
To the maximum extent permitted by applicable law, the total liability of the eSapiens Parties (as defined below) for all claims under these Terms shall not exceed the greater of:
1. The total amount you have paid for the Services in the six months preceding the date the claim arose, or
2. $100.

Indemnification:You agree to indemnify, defend, and hold harmless the eSapiens Parties from any claims, damages, losses, costs, or liabilities, including reasonable attorneys' fees, arising from:

Your violation of these Terms,
Your access or use of the Services,
Your creation or use of any Outputs generated by the Services,
Your infringement of third-party intellectual property rights, or
Any other activities that may result in legal claims related to your use of the Services.

We reserve the right to engage separate counsel to defend any claim subject to indemnification by you, and you agree to cooperate with us in such defense.
Exclusions:Certain jurisdictions may not allow the exclusion of implied warranties or the limitation of liability for certain types of damages, so some of the above limitations may not apply to you.
Third-Party Beneficiaries:Our Providers are intended third-party beneficiaries of the disclaimers and limitations of liability set forth in this section.11. General TermsService Modifications:We continually work to improve and enhance the Services we provide. As such, we may modify, add, or remove features, update software components, or adjust service limits at any time. If these changes affect your subscription or the Services you have access to, we will notify you as soon as reasonably possible.
However, we reserve the right to modify the Services with immediate effect when necessary, such as for legal, security, or operational reasons, and we may not provide prior notice in those cases. These changes may include the introduction of new AI models, tools, or features that are available only to users on specific subscription plans.
Changes to These Terms:We may revise or update these Terms periodically to reflect changes to the Services, pricing adjustments, or regulatory requirements. Whenever we make significant changes, we will provide notice to you via email or within your account. It is your responsibility to review these updates. If you continue to use the Services after any such changes are posted, you are accepting the revised Terms.
If you do not accept the updated Terms, you must cease using the Services and cancel your subscription. Continued use of the Services following the changes will constitute your acceptance of the revised Terms.
Supplemental Terms:From time to time, we may introduce new Services or features that require additional terms or guidelines. These supplemental terms will be made available to you and will apply to the specific features or services they govern. In the event of any conflict between these Terms and any supplemental terms, the supplemental terms will take precedence for the relevant Service.
Entire Agreement:These Terms, along with any other documents incorporated by reference, constitute the entire agreement between your organization and eSapiens with respect to the use of the Services. If any provision of these Terms is deemed invalid or unenforceable, the remainder of these Terms will remain in full effect.
Termination:You have the right to cease using the Services at any time. We, however, reserve the right to suspend or terminate your access to the Services if we have reasonable grounds to believe that you have violated these Terms or that it is necessary for legal compliance or security concerns. If we terminate your subscription due to a breach of these Terms, no refunds will be provided.

Subscription Cancellation: You may cancel your subscription at any time through your account settings or by contacting customer support. If you cancel your subscription, you will continue to have access to the Services until the end of your current billing cycle. No refunds will be issued for early termination, unless required by applicable law.
Inactivity: We may terminate your account if there has been no activity for over a year and there is no associated paid account. You will be notified before such termination occurs.