Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Epismo, a cloud-based AI project management platform ("Service"), which are provided by Epismo Pte. Ltd. ("Epismo", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept this agreement and may not use the Service.
1. License Grant
Subject to your payment of all applicable fees and your compliance with these Terms, Epismo grants you a worldwide, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the term of your subscription.
2. User Accounts
To access and use the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information up to date.
You are responsible for safeguarding your account password and for any activities or actions under your account, whether or not you have authorized such activities or actions. You must notify us immediately of any unauthorized use of your account.
You are responsible for all data, content, and information that you or your authorized users upload, post, or otherwise transmit to the Service ("User Data").
3. Payment
(1) Subscription. The Service is offered on a subscription basis. You agree to pay the fees associated with your chosen plan as specified on our website or in a separate agreement. Subscription fees are non-refundable, except as expressly stated in these Terms or as required by applicable law. We reserve the right to change our prices. Any price changes will be communicated to you in advance and will take effect at the start of your next billing cycle.
(2) Credit. In addition to subscriptions, users may purchase prepaid usage credits ("Credits"). Credits may be purchased in any amount offered on our platform, regardless of whether you maintain an active subscription. Credits increase your available usage limits on the Service. All purchased Credits are non-refundable and non-transferable. Unused Credits will remain valid until consumed, unless otherwise stated at the time of purchase.
(3) Taxes. All fees are exclusive of any and all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, including but not limited to Goods and Services Tax (GST), Value Added Tax (VAT), and any similar taxes.
4. Acceptable Use Policy
You agree not to use the Service in a manner that:
- Violates any applicable law, rule, or regulation.
- Infringes upon or violates the intellectual property rights, privacy rights, or other rights of any third party.
- Is deceptive, fraudulent, defamatory, or obscene.
- Transmits any viruses, worms, or other harmful code.
- Interferes with or disrupts the integrity or performance of the Service.
- Uses the Service to build a competitive product or service.
- Uses the AI features in a way that violates our AI Usage Policy (to be established and referenced, e.g., for not generating harmful or illegal content).
- Circumvent or disable any security or other technological features of the Service.
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms related to the Service.
5. Intellectual Property Rights
(1) Epismo's Intellectual Property. We retain all right, title, and interest in and to the Service, including all related intellectual property rights. These Terms do not grant you any ownership rights to the Service. Our trademarks, logos, and service names may not be used without our prior written consent.
(2) User Data. You retain all right, title, and interest in and to your User Data. You grant Epismo a limited, non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, and display your User Data solely to the extent necessary to provide and improve the Service.
(3) AI-Generated Output. The AI-generated output provided by the Service is based on your User Data and our proprietary AI models. To the extent legally permissible, you own the output that is uniquely generated for you based on your User Data.
6. Customer Warranties
You represent and warrant that:
- You have the necessary and appropriate rights and consents to grant Epismo the license to use and otherwise process the User Data in accordance with these Terms, and such use by Epismo of User Data does not and will not infringe or violate any third-party right, including any intellectual property or privacy right.
- You will use the Service in compliance with any documentation provided by Epismo and all applicable laws and regulations.
7. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EPISMO, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO EPISMO FOR THE USE OF THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
This limitation of liability is a fundamental element of the basis of the bargain between you and Epismo.
9. Indemnification
You agree to indemnify, defend, and hold harmless Epismo, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property, or privacy right; or (d) any claim that your User Data caused damage to a third party.
10. Confidentiality
"Confidential Information" means any and all non-public, proprietary information disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party"), whether orally or in writing, that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, should be understood to be confidential. Confidential Information includes, but is not limited to, the Service, its features, and pricing (Epismo’s Confidential Information) and your User Data (your Confidential Information).
The Receiving Party agrees: (a) to use the Disclosing Party's Confidential Information only for the purpose of exercising its rights and performing its obligations under these Terms; (b) to not disclose such Confidential Information to any third party, except to its employees, agents, or contractors who have a need to know and are bound by confidentiality obligations at least as protective as those herein; and (c) to take reasonable measures to protect the secrecy of and avoid unauthorized use or disclosure of the Disclosing Party's Confidential Information.
These confidentiality obligations do not apply to information that: (i) is or becomes publicly available without breach of these Terms; (ii) was known by the Receiving Party prior to its receipt from the Disclosing Party; (iii) is received from a third party who is not in breach of a confidentiality obligation; or (iv) is independently developed by the Receiving Party without reference to the Disclosing Party's Confidential Information. The Receiving Party may disclose Confidential Information to the extent required by law or a court order, provided it gives the Disclosing Party prompt notice to allow them to seek a protective order.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be submitted to the exclusive jurisdiction of the courts of Singapore.
12. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, and without notice. Upon termination, your right to use the Service will immediately cease. Sections 5 (Intellectual Property Rights), 6 (Customer Warranties), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), 10 (Confidentiality), and 11 (Governing Law and Dispute Resolution) will survive any termination of these Terms.
13. Miscellaneous
(1) Entire Agreement. These Terms constitute the entire agreement between you and Epismo regarding the use of the Service.
(2) Modifications. We may modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website or through other reasonable means.
(3) Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.