Terms of Use
Terms of Use
Last updated: April 2026
If you have a separate Order Form, Master Services Agreement, Statement of Work, Data Processing Addendum, or security addendum with eSapiens, that agreement controls in case of conflicts. The Privacy and Security Notice is informational only and doesn't amend these Terms unless a separate written agreement explicitly states otherwise.
Users must be at least 18 years old or the age of legal majority in their jurisdiction. The Services are intended for business and professional use, not personal or household purposes. You must provide accurate account information and keep it current. You're responsible for activity under your credentials except where caused by eSapiens' breach. Notify eSapiens promptly of suspected unauthorized access.
Organizations providing Services through enterprise accounts are the customer of record and may control provisioning, billing, integrations, retention, content access, and administrative settings. Workspace administrators can access, export, monitor, disclose, restrict, or delete account information and Customer Content, subject to applicable law and organizational policies.
Paid subscriptions operate on a month-to-month basis unless a separate agreement states otherwise. Fees are in U.S. dollars, non-cancellable, and non-refundable except as required by law. You authorize charges for recurring and usage-based fees. Free trials and beta features may be revoked or modified at any time and are provided "as is" and "as available."
eSapiens grants a limited, non-exclusive, non-transferable, revocable right to access and use the Services for internal business purposes during the subscription term. You may permit authorized users to access the Services under your control and responsibility for their compliance with these Terms.
"Customer Content" includes prompts, uploaded files, documents, databases, chat history, dashboards, and other content submitted to or processed by the Services. You retain rights in Customer Content but grant eSapiens a worldwide, non-exclusive, royalty-free license to host, copy, transmit, store, process, and retrieve it as necessary to provide and maintain the Services.
"Service Improvement Data" consists of usage statistics, operational metrics, and other information that doesn't identify you or disclose Customer Content in identifiable form. eSapiens owns Service Improvement Data and may use it for any lawful purpose.
Unless a separate agreement or workspace setting states otherwise, eSapiens will not use non-public Customer Content from enterprise workspaces to train generalized models for unrelated customers. However, eSapiens may use Customer Content for service provision, support, security operations, abuse prevention, debugging, testing, and improvement of internal tools.
eSapiens assigns to you assignable rights in Outputs generated specifically for your use, but not in the Services, models, system prompts, underlying software, or outputs generated for other users. Outputs may not be unique since machine learning can produce similar results for multiple users. The Services are not a substitute for professional judgment in legal, medical, financial, or safety-critical decisions.
eSapiens owns all Service Technology, including software, APIs, models, templates, workflows, and documentation. Except for limited rights expressly granted, no other rights are granted by implication. For custom work, eSapiens retains rights in background technology and reusable components unless a separate agreement states otherwise. You grant eSapiens an irrevocable, perpetual, worldwide, royalty-free right to use any feedback you provide.
You may not use the Services in violation of law; submit content without necessary rights or consents; upload malware; interfere with the Services; gain unauthorized access; reverse engineer except as legally required; scrape data other than your own; build competing products; perform model extraction or automated testing without consent; circumvent safety measures; generate harmful content; or resell the Services without authorization.
You also may not process protected health information, payment-card data, classified information, biometric identifiers, or children's information unless expressly authorized in a separate written agreement.
The Services may interoperate with third-party services, APIs, and AI models. eSapiens is not responsible for third-party services, content, uptime, security, or continued availability. You authorize eSapiens to exchange data with third-party systems you connect or direct us to use.
eSapiens maintains commercially reasonable security measures described generally in the Privacy and Security Notice, which is informational only. You're responsible for maintaining credential confidentiality, configuring lawful access to source systems, using appropriate permissions, maintaining backups, and verifying compliance with legal and regulatory requirements.
You will not disclose nonpublic information about the Services, including security architecture, vulnerabilities, or roadmaps, to third parties except to employees and contractors with confidentiality obligations at least as protective as these Terms. This doesn't restrict disclosures required by law with prior notice where permitted.
eSapiens may suspend or terminate access immediately if required by law, needed to prevent security incidents, you breach these Terms, your use threatens service security or availability, or fees are overdue. eSapiens may add, modify, remove, or discontinue features, models, or portions of the Services at any time without guaranteeing availability of any specific feature.
Certain Service components may include open source software. To the extent required by applicable open source licenses, those licenses govern your use instead of these Terms.
These Terms remain in effect until terminated. You may stop using the Services anytime; paid subscriptions may be cancelled anytime with effect at the end of the billing period. eSapiens may terminate these Terms or your access at any time if you breach these Terms, continued access creates risk, or eSapiens discontinues the Services.
Upon termination, your right to use the Services ends immediately; eSapiens may disable or delete your access and Customer Content; you remain responsible for accrued fees; and provisions addressing payment, intellectual property, confidentiality, disclaimers, limitation of liability, and dispute resolution survive.
The Services and all related materials are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, statutory, or otherwise. eSapiens disclaims all warranties including those of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, results, availability, security, reliability, and uninterrupted operation.
eSapiens does not warrant that Outputs will be correct, complete, unique, or lawful; that the Services will detect all issues; that safety controls will prevent all errors; or that the Services will satisfy legal or regulatory requirements unless expressly stated in a separate written agreement.
eSapiens and its affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, data, business interruption, or cost of substitute services, even if advised of such possibility.
The total aggregate liability arising from the Services will not exceed the greater of (A) total amounts paid to eSapiens for the applicable Services during the twelve months before the claim or (B) $50,000. These exclusions apply regardless of the form of action, even if limited remedies fail their purpose.
You will defend, indemnify, and hold harmless eSapiens and its affiliates from third-party claims arising from your Customer Content; your or your authorized users' violation of these Terms or applicable law; your breach of these Terms; your infringement of third-party rights; or disputes with your employees, end users, customers, or vendors. eSapiens may participate in the defense and assume exclusive control if it chooses.
These Terms are governed by Texas law without regard to conflict-of-law rules. Except for small-claims court, claims for injunctive relief regarding intellectual property or confidentiality, or disputes governed by separate written agreements, any dispute will be resolved by final and binding arbitration administered by the American Arbitration Association.
Arbitration will be conducted in English before a single arbitrator in Harris County, Texas, unless parties agree otherwise. Each party may bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, collective, representative, or mass action, and each party waives any right to a jury trial. Any claim must be filed within one year after it arose or is permanently barred.
You may not use, export, re-export, release, or transfer the Services in violation of applicable export-control, sanctions, or trade laws, including U.S. export laws. You represent that you're not located in or controlled by persons in prohibited jurisdictions and are not on restricted-party lists.
To the extent required by applicable U.S. state privacy law, individuals may have certain rights regarding personal information eSapiens controls as a business. This section generally doesn't apply to Customer Content processed solely on behalf of enterprise customers as a service provider. Requests should be made using the privacy-request method identified in the Privacy and Security Notice.
You may not assign these Terms without prior written consent; eSapiens may assign them without restriction in connection with affiliate transactions, financing, mergers, acquisitions, or asset sales. eSapiens may provide notices by email, in-product notice, or other reasonable methods. Legal notices should be sent using the notice channel specified in separate written agreements or as designated by eSapiens.
Neither party is liable for delays caused by circumstances beyond reasonable control, including acts of God, natural disasters, labor disputes, internet failures, governmental actions, cyberattacks, or supplier failures, except this doesn't excuse your payment obligations.
These Terms, together with incorporated documents and any separate written agreement, constitute the entire agreement regarding the subject matter. If any provision is unenforceable, remaining provisions remain in effect. A failure to enforce any provision is not a waiver. These Terms don't create partnership, agency, fiduciary, joint venture, employment, or third-party beneficiary relationships. You agree eSapiens may communicate electronically and that electronic notices and signatures satisfy legal requirements for writing.