Terms & Conditions

1. Acceptance of Terms

THESE TERMS AND CONDITIONS ('TERMS') CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TECH TUNES, LLC DBA ESPERIENT ('ESPERIENT,' 'COMPANY,' 'WE,' 'US,' OR 'OUR'). BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO THESE TERMS IN FULL. IF YOU DO NOT AGREE, YOU MAY NOT USE THE PLATFORM. These Terms apply to all visitors, users, and subscribers of the Platform. Your use of the Platform constitutes your binding acceptance of these Terms. If you are using the Platform on behalf of a business entity, you represent that you have legal authority to bind that entity.

2. Platform Description

Esperient is a software-as-a-service integration and automation platform that enables users to connect third-party applications, build automated workflows, synchronize data across systems, and manage projects from a unified dashboard. The Platform currently supports 500+ native integrations, AI-powered workflow suggestions, real-time data sync, and a developer SDK.

3. Account Registration and Security

• You must be at least 18 years of age to create an account.
• You agree to provide accurate, complete, and current registration information.
• You are responsible for maintaining the confidentiality of your account credentials.
• You must notify us immediately at help@esperient.com of any unauthorized use of your account.
• You are responsible for all activity that occurs under your account.
• We reserve the right to suspend or terminate accounts determined, in our sole discretion, to have been compromised or used in violation of these Terms.

4. Acceptable Use Policy

• You agree to use the Platform only for lawful purposes. You may NOT:
• • Use the Platform to transmit, distribute, or store material that violates applicable law or infringes intellectual property rights.
• • Introduce malware, viruses, ransomware, or any malicious code into the Platform or connected applications.
• • Attempt to gain unauthorized access to the Platform, its infrastructure, or other users' accounts.
• • Use the Platform to send unsolicited communications (spam) or engage in phishing activities.
• • Scrape, crawl, or extract data from the Platform in an automated manner without prior written consent.
• • Interfere with or disrupt the integrity or performance of the Platform or third-party data contained therein.
• • Circumvent any technical measures we use to enforce these Terms or protect the Platform.
• • Resell, white-label, or sublicense access to the Platform without our written consent.
• • Use the Platform in any manner that could damage, disable, overburden, or impair our servers or networks.
• • Use the Platform to facilitate illegal activity, including but not limited to money laundering, fraud, or financing terrorism.

5. Intellectual Property

6. Third-Party Integrations

The Platform integrates with third-party services (e.g., Slack, HubSpot, Salesforce, Notion, Jira). Your use of such integrations is subject to the respective third party's terms of service and privacy policies. Esperient is not responsible for the availability, accuracy, or conduct of third-party services. We are not liable for any data loss or breach originating from a connected third-party platform.

7. API and Developer Use

Access to the Esperient API and SDK is governed by these Terms and any applicable developer documentation. You may use the API only for lawful purposes consistent with these Terms. We may impose rate limits, throttle usage, or revoke API access at any time for abuse or policy violations.

8. Disclaimers

THE PLATFORM IS PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT ALL ERRORS WILL BE CORRECTED.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ESPERIENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).

10. Indemnification

You agree to indemnify, defend, and hold harmless Esperient and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; or (d) your Customer Data.

11. Termination

Either party may terminate use of the Platform at any time. Esperient may terminate or suspend your access immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination: (a) your license to use the Platform ceases immediately; (b) you must cease all use; (c) provisions that by their nature should survive termination (including IP, disclaimers, liability, indemnification, and governing law) shall survive.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Wyoming. Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in Cheyenne, Wyoming. YOU WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

13. Force Majeure

Esperient shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, power outages, internet service disruptions, or government actions.

14. Modifications

We reserve the right to modify these Terms at any time. We will provide 30 days' advance notice of material changes via email or in-platform notice. Continued use after the effective date constitutes acceptance.

15. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. These Terms, together with our Privacy Policy, Subscription Agreement, Refund Policy, and SaaS Fulfillment Policy, constitute the entire agreement between you and Esperient.