These Terms and Conditions, together with any applicable Service Agreement, constitute a legally binding agreement made between the Client identified in the Service Agreement and ESERA.AI ("ESERA"), concerning the Client’s access to and use of the website located at https://www.esera.ai (the "Site"). By accessing the Site, the Client confirms they have read, understood, and agreed to be bound by these Terms and Conditions. ESERA reserves the right, in its sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. ESERA will post the updated Terms and Conditions on the Site. Continued use of the Site after such posting constitutes acceptance of the revised Terms and Conditions.
2. CLIENT ACCESS AND CLIENT DATA
ESERA grants the Client a non-exclusive, non-transferable right to access and use the Site and Services during the agreed term, solely for internal business use by the Client’s authorised users in accordance with these Terms and Conditions. ESERA shall provide necessary access credentials. The total number of authorised users shall not exceed five unless otherwise agreed in writing. The Client retains ownership of all rights to their data uploaded to the Site. The Client grants ESERA a non-exclusive, royalty-free, worldwide licence to use Client data solely to provide the Services. Knowledge and improvements developed by ESERA’s AI models remain the property of ESERA.
3. ESERA’S INTELLECTUAL PROPERTY RIGHTS
The Client acknowledges that ESERA owns all intellectual property rights in and to ESERA’s technology, software, content, trademarks, and materials provided via the Site. The Client agrees not to copy, modify, distribute, reverse engineer, or otherwise misuse any part of the Site or Services.
4. CLIENT REPRESENTATIONS
By using the Site, the Client represents and warrants that:
All submitted registration information is accurate and current.
The Client will maintain the accuracy of this information.
The Client will comply with these Terms.
The Client will not access the Site using automated or non-human means.
The Site will not be used for illegal or unauthorised purposes.
The Client’s use will not violate any applicable laws or regulations.
The Client has obtained all necessary consents from its prospective customers to allow ESERA to contact them as required under applicable law.
5. CLIENT REGISTRATION
Registration is required to access the Site. The Client is responsible for keeping their password secure and for all activities under their account.
6. CONFIDENTIALITY
During the term, either party may disclose confidential information. Both parties agree to protect this information and only use it for purposes related to the agreement. This obligation continues for three years after disclosure.
7. CANCELLATION
If Services are terminated by either party, the Client must pay for all scheduled services up to the termination date.
8. PROHIBITED ACTIVITIES
The Client agrees not to misuse the Site, including but not limited to harassing others, violating laws, introducing malware, automated data scraping, or interfering with Site security.
9. WARRANTIES AND WARRANTY DISCLAIMER
ESERA warrants Services will comply with applicable laws and be free of malicious code. OTHERWISE, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. SUBMISSIONS
Any feedback or suggestions submitted by the Client to ESERA become the exclusive property of ESERA.
11. PRIVACY POLICY
ESERA values data privacy and security. By using the Site, the Client agrees to ESERA’s Privacy Policy. The Site is hosted in the UK; by using it, the Client consents to processing of their data in the UK.
12. TERMINATION BY ESERA
ESERA may, at its sole discretion, suspend or terminate Client access for breach of these Terms or applicable laws without prior notice.
13. MODIFICATIONS AND INTERRUPTIONS
ESERA reserves the right to modify or discontinue the Site at any time without liability.
14. GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of England and Wales.
15. DISPUTE RESOLUTION
The parties will first attempt informal negotiation for 30 days. If unresolved, disputes shall be finally settled by binding arbitration under London Court of International Arbitration (LCIA) rules in London, UK. Nothing restricts either party from seeking injunctive relief.
16. CORRECTIONS
ESERA reserves the right to correct errors or omissions on the Site at any time.
17. LIMITATIONS OF LIABILITY
ESERA and its representatives are not liable for indirect, incidental, or consequential damages. ESERA’s total liability is limited to the amount paid by the Client to ESERA in the six (6) months prior to the claim.
18. INDEMNIFICATION
Each party agrees to indemnify and hold the other harmless against third-party claims arising from its breach of these Terms or misuse of the Site.
19. DATA SECURITY
ESERA implements reasonable safeguards to protect Client data and complies with GDPR. ESERA will only use Client data to deliver Services and will not share it without consent except as required by law.
20. DATA BACKUPS
ESERA performs regular backups but the Client is responsible for its own data. ESERA is not liable for loss or corruption of data.
21. ELECTRONIC COMMUNICATIONS
The Client consents to receive electronic communications and to the use of electronic signatures and records.
22. FORCE MAJEURE
Neither party is liable for delays due to circumstances beyond their control, such as natural disasters, war, or internet outages.
23. MISCELLANEOUS
These Terms, together with any agreements or policies posted by ESERA, constitute the entire agreement. If any part is deemed unlawful or unenforceable, the remainder remains valid. No joint venture or partnership is created. ESERA may assign its rights at any time.
24. Contact
If you have any questions about these terms or your personal data, please contact:
