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Effective January 14, 2024

Subscription Agreement

Esperient — Tech Tunes, LLC (DBA Esperient)

Preamble

PLEASE READ THIS SUBSCRIPTION AGREEMENT ('AGREEMENT') CAREFULLY. BY CLICKING 'GET STARTED,' COMPLETING THE CHECKOUT PROCESS, OR ACCESSING THE PLATFORM, YOU ('SUBSCRIBER' OR 'YOU') AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY.

1. Definitions

  • 'Platform': The Esperient software-as-a-service application, APIs, SDKs, documentation, and related services provided by Tech Tunes, LLC DBA Esperient.
  • 'Subscription': Your paid recurring license to access and use the Platform.
  • 'Subscription Plan': The specific tier (Basic, Plus, or Premium) selected during checkout.
  • 'Billing Cycle': The recurring monthly period for which Subscription Fees are charged.
  • 'Subscription Fee': The recurring charges applicable to your selected plan.
  • 'Authorized Users': Individuals whom Subscriber permits to access the Platform under Subscriber's account.

2. Subscription Plans and Pricing

  • Basic — $50/month
  • Plus — $75/month
  • Premium — $100/month
  • Business plan pricing may differ and is presented at checkout. All fees are in U.S. Dollars. Prices are subject to change with 30 days' notice.

3. Recurring Billing Authorization

  • BY COMPLETING YOUR SUBSCRIPTION PURCHASE, YOU EXPRESSLY AUTHORIZE TECH TUNES, LLC DBA ESPERIENT AND ITS PAYMENT PROCESSOR TO CHARGE YOUR DESIGNATED PAYMENT METHOD ON A RECURRING MONTHLY BASIS FOR THE APPLICABLE SUBSCRIPTION FEE, PLUS ANY APPLICABLE TAXES.
  • Your first charge occurs at the time of subscription activation.
  • Subsequent charges occur on the same calendar day each month (your 'Billing Date').
  • If your Billing Date falls on a day that does not exist in a given month, billing occurs on the last day of that month.
  • Charges will continue automatically until you cancel your subscription in accordance with Section 7.
  • You are responsible for ensuring your payment method remains valid and has sufficient funds.
  • Failed payments may result in a brief service interruption. We will retry failed payments up to three (3) times over seven (7) days before suspending access.

4. Free Trials and Promotional Offers

If a free trial is offered, your payment method will be charged the applicable Subscription Fee automatically at the end of the trial period unless you cancel before the trial ends. Promotional rates apply only for the specified promotional period; your subscription will automatically convert to the standard rate thereafter.

5. Upgrades, Downgrades, and Plan Changes

  • Upgrades take effect immediately. You will be charged a prorated amount for the remainder of the current Billing Cycle.
  • Downgrades take effect at the start of the next Billing Cycle. You retain access to your current plan features until then.
  • Mid-cycle changes are reflected in the next invoice with full transparency.

6. Taxes

Subscription Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all applicable taxes (including sales, use, VAT, GST, and similar taxes). Where we are required by law to collect such taxes, they will be added to your invoice.

7. Cancellation Policy

7.1 How to Cancel

To cancel your subscription, you MUST visit https://esperient.com and navigate to the dedicated Cancellation Page ('Cancel Software' tab). Cancellation requests submitted by email, phone, or any other method will not be accepted and will not be effective. This ensures a documented, verifiable cancellation record for both parties.

7.2 Cancellation Process Steps

  • Step 1: Log in to your Esperient account at esperient.com.
  • Step 2: Navigate to Account Settings > Billing > Cancel Subscription.
  • Step 3: Complete the cancellation workflow, including any required confirmation steps.
  • Step 4: You will receive a cancellation confirmation email to your registered email address. Retain this email as proof of cancellation.

7.3 Effect of Cancellation

  • Cancellation takes effect at the end of your current paid Billing Cycle.
  • You will retain full access to the Platform through the last day of your paid period.
  • No partial-month refunds are issued except under the 30-Day Satisfaction Guarantee (see Refund Policy).
  • Upon cancellation, your data is retained for 30 days after account closure, after which it is permanently deleted. You are responsible for exporting any data prior to cancellation.
  • Canceling a subscription does not delete your account. You may reactivate at any time.

7.4 Cancellation by Esperient

We reserve the right to suspend or terminate your subscription immediately and without refund for: (a) violation of our Terms & Conditions; (b) non-payment after retry attempts; (c) fraudulent activity; (d) abuse of the Platform or its users; or (e) any activity that poses a legal or security risk to Esperient or third parties.

8. License Grant and Restrictions

Subject to the terms of this Agreement, Esperient grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business operations during the Subscription Term. You may not: sublicense, sell, resell, or transfer access to the Platform; reverse engineer, decompile, or disassemble any portion of the Platform; use the Platform to build a competing product; or exceed the usage limits of your plan.

9. Data Ownership

You retain all ownership rights to the data you input into the Platform ('Customer Data'). You grant Esperient a limited license to process Customer Data solely to provide the Platform services. Esperient does not claim ownership of Customer Data and will not use it for any purpose other than operating and improving the Platform.

10. Service Availability and SLA

Esperient targets 99.99% uptime measured monthly, excluding scheduled maintenance windows. Scheduled maintenance will be announced at least 48 hours in advance. In the event of unplanned downtime exceeding our SLA threshold, Subscriber may be eligible for service credits as described in our Service Level Agreement documentation available on our website.

11. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with this Agreement that is designated as confidential or that reasonably should be understood to be confidential. Confidentiality obligations survive termination of this Agreement for a period of three (3) years.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESPERIENT'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY SUBSCRIBER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Wyoming, without regard to conflict of law principles. Any dispute arising under this Agreement shall be resolved by binding arbitration under the rules of the American Arbitration Association, conducted in Cheyenne, Wyoming. Class action and jury trial rights are waived to the extent permitted by law.

14. Modifications to This Agreement

We may update this Agreement from time to time. Material changes will be communicated via email or in-platform notification at least 30 days before taking effect. Continued use of the Platform after the effective date constitutes acceptance. If you do not agree to changes, you must cancel your subscription before the effective date.

15. Contact

  • Email: help@esperient.com
  • Phone: 857-858-8670
  • Website: https://esperient.com
  • Address: 1712 Pioneer Ave Ste 7000, Cheyenne, WY 82001

© 2025 Tech Tunes, LLC (DBA Esperient). All rights reserved.