Terms of Service

3.1 Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Provide accurate and complete registration information
• Maintain a valid email address for account communications
• Not be prohibited from using the Services under applicable law

3.2 Account Security Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breach
• Using strong, unique passwords and enabling multi-factor authentication (MFA)
• Restricting access to your account to authorized personnel only

Adverant will not be liable for any loss or damage arising from your failure to comply with these security requirements.

3.3 Prohibited Activities

You agree not to:

• Share your account credentials with unauthorized parties
• Create multiple accounts to circumvent service limitations
• Use another user's account without permission
• Register accounts using automated methods or false information
• Sell, transfer, or sublicense your account to third parties

4.1 Acceptable Use Policy

You agree to use the Services in accordance with all applicable laws and regulations. You may use the Services for:

• Legitimate business operations and research
• Development and deployment of AI-powered applications
• Data analysis and knowledge extraction
• Educational and academic purposes
• Any lawful purpose consistent with these Terms

4.2 Prohibited Uses

You agree NOT to use the Services to:

• Illegal Activities: Engage in or facilitate any unlawful activities
• Malware Distribution: Upload, transmit, or distribute viruses, malware, or malicious code
• Unauthorized Access: Attempt to gain unauthorized access to any system or data
• Service Disruption: Interfere with or disrupt the Services or servers
• Reverse Engineering: Reverse engineer, decompile, or disassemble the Services
• Data Scraping: Use automated tools to scrape or harvest data without authorization
• Spam or Abuse: Send unsolicited communications or engage in abusive behavior
• Harmful Content: Process content that is illegal, defamatory, or violates third-party rights
• Competitive Intelligence: Benchmark or monitor performance for competitive purposes
• Reselling: Resell or redistribute the Services without written authorization

4.3 API Rate Limits and Quotas

API usage is subject to rate limits based on your subscription tier:

• Hobby Tier: 1,000 requests/hour, 10,000 requests/day
• Pro Tier: 10,000 requests/hour, 100,000 requests/day
• Enterprise Tier: Custom limits based on contract

Exceeding rate limits may result in temporary throttling or suspension. Contact us to discuss higher limits for Enterprise plans.

5.1 Adverant Intellectual Property

The Services, including all software, documentation, designs, trademarks, and content (excluding User Content), are owned by Adverant and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.

You may not copy, modify, distribute, sell, or lease any part of our Services without explicit written permission.

5.2 User Content Ownership

You retain all ownership rights to the content you upload, submit, or process through the Services ("User Content"). This includes:

• Documents, videos, and files you upload
• Knowledge graphs and semantic data you create
• Custom models and training data
• API inputs and outputs

Important: We do not claim ownership of your User Content and will not use it to train our models without your explicit consent (available only for Enterprise customers who opt in).

5.3 License Grants

By submitting User Content, you grant Adverant a limited license to:

• Process, store, and transmit your content to provide the Services
• Create backup copies for data protection and disaster recovery
• Generate anonymized, aggregated analytics (no personal data)

This license terminates when you delete your content or close your account, except for backup copies retained according to our data retention policy.

5.4 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant Adverant an unlimited, perpetual license to use such feedback without compensation or attribution.

6.1 Subscription Plans

We offer the following subscription tiers:

• Hobby: Free tier with limited features and usage quotas
• Pro: Paid monthly or annual subscription with enhanced features
• Enterprise: Custom pricing with dedicated support and SLA

6.2 Billing Cycles

• Monthly: Billed on the same day each month
• Annual: Billed annually with a discount (save 20%)
• Enterprise: Custom billing terms per contract

6.3 Payment Methods

We accept the following payment methods:

• Credit cards (Visa, Mastercard, American Express)
• Wire transfer (Enterprise only)
• Purchase orders (Enterprise only)

All payments are processed securely through Stripe. We do not store full credit card information on our servers.

6.4 Refund Policy

• Pro Monthly: Full refund within 7 days of initial purchase
• Pro Annual: Prorated refund within 30 days of purchase
• Enterprise: Refund terms defined in contract

Refunds are processed to the original payment method within 7-10 business days. No refunds are provided for partial billing periods or unused features.

6.5 Price Changes

We reserve the right to change our pricing with 30 days' notice. Existing customers will be grandfathered at their current pricing for the remainder of their billing cycle. New pricing will apply upon renewal.

6.6 Failed Payments and Suspension

If payment fails, we will attempt to charge your payment method up to 3 times over 10 days. If payment is not received, your account may be suspended. Data will be retained for 30 days before deletion.

7.1 Uptime Guarantee

• Hobby Tier: Best effort, no uptime guarantee
• Pro Tier: 99.5% monthly uptime
• Enterprise Tier: 99.9% monthly uptime

7.2 Downtime Credits

If we fail to meet the SLA uptime guarantee (excluding scheduled maintenance), you may be eligible for service credits:

• 99.0% - 99.5%: 10% credit
• 95.0% - 99.0%: 25% credit
• Below 95.0%: 50% credit

Credits must be requested within 30 days of the incident and are applied to your next billing cycle.

7.3 Scheduled Maintenance

We perform scheduled maintenance during low-usage periods (typically weekends, 2:00-6:00 AM UTC). We will provide at least 48 hours' notice for planned maintenance. Scheduled maintenance is excluded from uptime calculations.

7.4 Support Response Times

• Hobby: Community support, best effort
• Pro: 24-hour response for critical issues
• Enterprise: 1-hour response for critical issues, dedicated support engineer

9.1 User Termination Rights

You may terminate your account at any time by:

• Accessing your account settings and selecting "Delete Account"
• Contacting support at support@adverant.ai

9.2 Adverant Termination Rights

We may suspend or terminate your account if:

• You violate these Terms or our Acceptable Use Policy
• Your account is used for illegal or harmful activities
• Payment is not received after multiple attempts
• We are required to do so by law or regulatory authority
• Your account has been inactive for more than 2 years

We will provide reasonable notice before termination, except in cases of serious violations or legal requirements.

9.3 Effect of Termination

Upon termination of your account:

• Your access to the Services will be immediately revoked
• You will lose access to all User Content and data
• We will retain your data for 30 days for recovery purposes
• After 30 days, all data will be permanently deleted
• You may request an immediate data export before deletion
• No refunds will be provided for unused subscription periods

Sections of these Terms that by their nature should survive termination will continue to apply, including intellectual property rights, disclaimers, and liability limitations.

10.1 Service Disclaimers

To the fullest extent permitted by law, Adverant disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• That the Services will be uninterrupted, error-free, or secure
• That defects will be corrected
• That the Services will meet your specific requirements
• The accuracy, reliability, or completeness of AI-generated content

10.2 Limitation of Liability

Adverant shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or security breaches beyond our control
• Damages arising from your violation of these Terms
• Third-party actions or content
• Force majeure events (natural disasters, war, pandemics, etc.)

10.3 Indemnification

You agree to indemnify, defend, and hold harmless Adverant, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any law or third-party rights
• Your User Content

10.4 Essential Purpose

The limitations of liability and disclaimers in these Terms are fundamental elements of the agreement between you and Adverant. The Services would not be provided without these limitations.

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

11.2 Arbitration Agreement

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if they qualify.

The arbitration will be conducted by:

• The American Arbitration Association (AAA) under its Commercial Arbitration Rules
• A single arbitrator selected in accordance with AAA rules
• In-person or virtual hearings as agreed by the parties
• English language proceedings

11.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and Adverant individually. You waive the right to participate in a class action, collective action, or representative proceeding.

11.4 Opt-Out Right

You may opt out of the arbitration agreement by sending written notice to legal@adverant.ai within 30 days of first accepting these Terms.