1. Introduction 🔗
These Terms of Service (“Terms”) govern access to and use of the Everview AI service (the “Service”) provided by Everview AI Inc. (“Everview AI,” “Company,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms.
2. Definitions 🔗
- Authorized Users
- Individuals authorized by Customer to access and use the Service on Customer’s behalf.
- Customer
- The organization or individual purchasing, accessing, or using the Service.
- Customer Data
- All data, content, and materials submitted to, stored in, synced with, or processed by the Service on behalf of Customer.
- Documentation
- User guides, product descriptions, and related materials we make available for the Service.
- Subscription Term
- The subscription period agreed between Customer and Everview AI, including any renewal period.
3. Access and Use Rights 🔗
Subject to these Terms and payment of applicable fees, Everview AI grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the Subscription Term to access and use the Service for Customer’s internal business purposes.
Customer is responsible for its Authorized Users’ compliance with these Terms.
4. Restrictions 🔗
Customer will not, and will not permit others to:
- copy, modify, or create derivative works of the Service except as expressly permitted;
- reverse engineer, decompile, disassemble, or attempt to discover source code or underlying components of the Service, except where prohibited by law;
- resell, lease, distribute, or provide the Service to third parties other than Authorized Users;
- use the Service in violation of law or third-party rights; or
- interfere with the operation, integrity, or security of the Service.
5. Customer Data 🔗
Customer retains all right, title, and interest in and to Customer Data. Customer grants Everview AI the limited rights necessary to host, process, transmit, display, and otherwise use Customer Data to provide, maintain, support, and improve the Service.
Customer is responsible for the legality, accuracy, and integrity of Customer Data and for obtaining any rights, consents, and permissions necessary for its use with the Service.
6. Customer Responsibilities 🔗
Customer is responsible for:
- maintaining the confidentiality of account credentials under its control;
- configuring and managing user access permissions in connected systems and the Service;
- ensuring Authorized Users use the Service in accordance with these Terms; and
- complying with laws applicable to Customer’s use of the Service and Customer Data.
7. Fees and Payment 🔗
Customer agrees to pay all applicable fees as set out in an order form, purchase flow, Atlassian Marketplace transaction, or other commercial agreement.
Except as expressly stated otherwise, fees are non-cancelable and non-refundable.
8. Term and Termination 🔗
These Terms begin when Customer first accesses or uses the Service and continue for the applicable Subscription Term unless terminated earlier as permitted here.
Either party may terminate for material breach if the breach remains uncured thirty (30) days after written notice.
Upon termination or expiration, Customer’s right to access and use the Service ends, and Customer Data will be handled in accordance with our Privacy Policy.
9. Confidentiality 🔗
Each party may receive non-public information from the other party that is marked confidential or should reasonably be understood as confidential (“Confidential Information”).
Each party will use the other party’s Confidential Information only as needed to perform under these Terms and will protect it using reasonable care.
10. Security and Privacy 🔗
Everview AI maintains safeguards designed to protect Customer Data and support the secure operation of the Service. Additional details are available in our Partner Security Policy, Privacy Policy, and Trust Center.
11. Intellectual Property 🔗
Everview AI and its licensors retain all rights, title, and interest in and to the Service, Documentation, and related intellectual property, except for Customer Data and Customer’s own marks.
12. Warranties and Disclaimers 🔗
Everview AI warrants that the Service will materially conform to applicable Documentation under normal use.
Except as expressly provided in these Terms, the Service is provided “as is” and “as available,” and Everview AI disclaims all other warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
13. Limitation of Liability 🔗
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, goodwill, or data, arising out of or relating to the Service or these Terms.
To the maximum extent permitted by law, Everview AI’s total aggregate liability arising out of or relating to these Terms will not exceed the amount paid by Customer for the Service during the twelve (12) months preceding the event giving rise to the claim.
14. Indemnity 🔗
Customer will defend and indemnify Everview AI against third-party claims arising from Customer Data, Customer’s misuse of the Service, or Customer’s violation of these Terms or applicable law.
15. Export Compliance 🔗
Customer will comply with applicable export control and sanctions laws in connection with its use of the Service.
16. Governing Law and Disputes 🔗
These Terms are governed by the laws of British Columbia, Canada, excluding conflict-of-law principles.
The parties will attempt in good faith to resolve disputes before initiating formal proceedings.
17. Miscellaneous 🔗
These Terms, together with any applicable order form or purchase terms, constitute the complete agreement between the parties regarding the Service and supersede prior or contemporaneous agreements on the same subject matter.
Everview AI may update these Terms from time to time by posting a revised version and updating the effective date. Material changes will take effect prospectively.